Anti Federalist Papers, The Special Edition

THE
ANTIFEDERALIST
PAPERS
Edited by Bill Bailey
The AntiFederalist Papers
INTRODUCTION TO THE ANTI-FEDERALIST PAPERS
During the period from the drafting and proposal of the federal Constitution in September,
1787, until its ratification in 1789 there was an intense debate on ratification. The principal
arguments in favor of the Constitution were stated in the series written by James Madison,
Alexander Hamilton, and John Jay called the The Federalist, although they were not as
widely read as numerous independent local speeches and articles. The Federalist essays
were directed toward the people of New York but were eventually published in all the
states. The opposition lacked the highly organized presentation that Hamilton prepared for
The Federalist series of essays. The arguments against ratification appeared in various
forms, by various authors, most of whom used a pseudonym. Collectively, these writings
have become known as the Anti-Federalist Papers. They contain warnings of dangers from
tyranny that weaknesses in the proposed Constitution did not adequately provide against,
and while some of those weaknesses were corrected by adoption of the Bill of Rights,
others remained.
The most important way to read the pro- and anti-federalist papers is as a debate on how
the provisions of the Constitution would be interpreted, or "constructed". Those opposing
ratification, or at least raising doubts about it, were not so much arguing against the
ratification of some kind of federal constitution, as against expansive construction of
provisions delegating powers to the national government, and the responses from pro-
ratificationists largely consisted of assurances that the delegations of power would be
constructed strictly and narrowly. Therefore, to win the support of their opponents, the pro-
ratificationists essentially had to consent to a doctrine of interpretation that must be
considered a part of the Constitution, and that therefore must be the basis for interpretation
today. This doctrine can be summed up by saying, "if a construction would have been
objectionable to the anti-federalists, it should be initially presumed unconstitutional".
Lacking a planned presentation, the anti-Federalist arguments, presented by more than 50

authors, existed in no organized form the 20th century. One notable presentation is that by
Morton Borden, who collected 85 of the most significant papers and arranged them in an
order closely resembling that of the 85 Federalist Papers, e.g. #10 in Borden's
arrangement argues against Federalist No. 10.
An in-depth series was published in 1981. The Complete Anti-Federalist is a seven-volume

collection of the scattered Anti-Federalist Papers compiled by Professor Herbert Storing
and his former student Murray Dry of the University of Chicago, who oversaw the
completion of the project after Storing's death. Michael Lienesch treats Storing's
compilation as "definitive," and many of the pamphlets and other materials included had
not previously been published in a collection. The collection is noted for its sympathetic
portrayal of the Anti-Federalists. The commentary underscores little-known similar
positions and arguments made by the birth of the first two-party system in America.
Storing points out that many "Anti-Federalists" actually considered themselves Federalists
in the sense that a federation is a structure over sovereign states.
www.thefederalistpapers.org Page 2
In the interest of brevity, the Borden presentation was adopted for this publication and
excerpted essays were substituted with complete essays when possible.
No Author/No. Title Yr Mo Da
1 A Federalist General Introduction: A Dangerous Plan of Benefit only to 1787 Nov 26
the "Aristocratick Combination"
2 William Grayson "We have been told of Phantoms" 1788 Jun 11
3 Unsigned New Constitution Creates a National Government, Will not 1788 Mar 7
Abate Foreign Influence, Dangers of Civil War and
Despotism
4 Patrick Henry Foreign Wars, Civil Wars, and Indian Wars Three 1788 Jun 5
Bugbears
5 An Observer Scotland and England A Case in Point 1787 Dec 3
6 Centinel #11 The Hobgoblins of Anarchy and Dissentions Among the 1788 Jan 16
States
7 Philanthropos Adoption of the Constitution Will Lead to Civil War 1787 Dec 6
8 A Federal "The Power Vested in Congress of Sending Troops for 1788 Mar 5
Republican Suppressing Insurrections Will Always Enable Them to
Stifle the First Struggles of Freedom"
9 Montezuma A Consolidated Government is a Tyranny 1787 Oct 17
10 A Farmer On the Preservation of Parties, Public Liberty Depends 1788 Mar 18
11 Agrippa Unrestricted Power Over Commerce Should not be Given 1787 Dec 14-
the National Government 28
12 Cincinnatus How Will the New Government Raise Money? 1787 Nov 29
13(1) A Farmer The Expense of the New Government (Part 1) 1788 Jan 11
13(2) Unsigned The Expense of the New Government (Part 2) 1787 Oct 17
14 Cato #3 Extent of Territory Under Consolidated Government Too 1787 Oct 25
Large to Preserve Liberty or Protect Property
15 Unsigned Rhode Island is Right! 1787 Dec 7
16 Alfred Europeans Admire and Federalists Decry the Present System 1787 Dec 25
17 Brutus Federalist Power Will Ultimately Subvert State Authority
18-20 An Old Whig What Does History Teach? (Part 1) 1787 Nov 27
18-20 A Newport Man What Does History Teach? (Part 2) 1788 Mar 17
21 Centinel Why the Articles Failed 1787 Oct 5
22 Candidus Articles of Confederation Simply Requires Amendments, 1787 Dec 6
Particularly for Commercial Power and Judicial Power;
Constitution Goes Too Far
23(1) Brutus #7 Certain Powers Necessary for the Common Defense, Can 1788 Jan 3
and Should be Limited (Part 1)
23(2) Brutus #8 Certain Powers Necessary for the Common Defense, Can 1788 Jan 10
and Should be Limited (Part 2)
24 Brutus #9 Objections to a Standing Army (part 1) 1788 Jan 17

25 Brutus #10 Objections to a Standing Army (part 2) 1788 Jan 24
26 A Farmer and The Use of Coercion by the New Government (Part 1) 1788 Apr 1
Planter
27 John Humble The Use of Coercion by the New Government (Part 2) 1787 Oct 29
28 Unsigned The Use of Coercion by the New Government (Part 3) 1788 Jan 16
29(1) A Democratic Objections to National Control of the Militia (Part 1) 1787 Oct 23
Federalist
29(2) Pennsylvania Objections to National Control of the Militia (Part 2) 1787 Dec 12
Minority
30-31 Cato Uticensis A Virginia Antifederalist on the Issue of Taxation 1787 Oct 31
32 Brutus #5 Federal Taxation and the Doctrine of Implied Powers (Part 1787 Dec 13
1)
33 Brutus #6 Federal Taxation and the Doctrine of Implied Powers (Part 1787 Dec 27
2)
34 Patrick Henry The Problem of Concurrent Taxation 1788 Jun 5
35 George Mason Federal Taxing Power Must be Restrained 1788 Jun 4
36 Federal Farmer Representation and Internal Taxation
37 Federal Farmer Factions and the Constitution
38(1) Brutus Junior Some Reactions to Federalist Arguments (Part 1) 1787 Nov 8
38(2) A Countryman Some Reactions to Federalist Arguments (Part 2) 1788 Jan 10
38(3) A Countryman Some Reactions to Federalist Arguments (Part 3) 1788 Feb 14
39 A Farmer Appearance and Reality The Form is Federal; The Effect 1788 Apr 15
is National
40(1) Philadelphiensis On the Motivations and Authority of the Founding Fathers
(1)
40(2) An American On the Motivations and Authority of the Founding Fathers
(2)
40(3) A Farmer and On the Motivations and Authority of the Founding Fathers
Planter (3)
40(4) Patrick Henry On the Motivations and Authority of the Founding Fathers
(4)
40(5) Centinel On the Motivations and Authority of the Founding Fathers
(5)
40(6) Yeomanry of On the Motivations and Authority of the Founding Fathers
Massachusetts (6)
41-43 Federal Farmer "The Quantity of Power the Union Must Possess is One
Thing, the Mode of Exercising the Powers Given is Quite a
Different Consideration" (Part 1)

41-43 Federal Farmer "The Quantity of Power the Union Must Possess is One
Thing, the Mode of Exercising the Powers Given is Quite a
Different Consideration" (Part 2)
44 Deliberator What Congress Can Do; What a State Can Not 1788 Feb 20
45 Sydney Powers of National Government Dangerous to State 1788 Jun 13
Government; New York as an Example
46 An Old Whig "Where Then is the Restraint?" 1788 Nov 2
47 Centinel "Balance" of Departments not Achieved under New 1787 Oct 5,24
Constitution
48 Leonidas No Separation of Departments Results in No Responsibility 1788 Jul 30
49 Massachusettensis On Constitutional Conventions (Part 1) 1788 Jan 29
50 An Old Whig On Constitutional Conventions (Part 2) 1787 Nov 27
51 Aristocrotis Do Checks and Balances Really Secure the Rights of the 1788
People?
52 Consider Arms, ... On the Guarantee of Congressional Biennial Elections 1788 Apr 9
53 Amicus A Plea for the Right of Recall 1788 Aug 28
54(1) Brutus #3 Apportionment and Slavery: Northern and Southern Views
(1)
54(2) Rawlins Lowndes Apportionment and Slavery: Northern and Southern Views 1788 Jan 16-
(2) 18
54(3) Cato #6 Apportionment and Slavery: Northern and Southern Views
(3)
54(4) A Georgian Apportionment and Slavery: Northern and Southern Views 1787 Nov 15
(4)
55 Federal Farmer Will the House of Representatives be Genuinely
Representative? (Part 1)
59 Vox Populi The Danger of Congressional Control of Elections 1787 Oct 30
60 John F. Mercer Will the Constitution Promote the Interests of Favorite 1788
Classes?
61 Federal Farmer Questions and Comments on the Constitutional Provisions
Regarding the Election of Congressmen
62 Brutus #16 On the Organization and Powers of the Senate (Part 1) 1788 Apr 10
63 Federal Farmer On the Organization and Powers of the Senate (Part 2)

64 Cincinnatus On the Organization and Powers of the Senate (Part 3) 1787 Nov 22
65 Gilbert On the Organization and Powers of the Senate (Part 4) 1788 Jun 24
Livingston, John
Lansing
66 Joseph Taylor, ... From North Carolina
67 Cato Various Fears Concerning the Executive Department 1787 Nov 8
68 William Grayson On the Mode of Electing the President 1788 Jun 18
69 Federal Farmer The Character of the Executive Office
70 An Old Whig The Powers and Dangerous Potentials of His Elected 1787 Dec 11
Majesty
71(1) Luther Martin The Presidential Term of Office (1)
71(2) Agrippa #18 The Presidential Term of Office (2) 1788 Feb 5
71(3) A Customer The Presidential Term of Office (3) 1788 Mar 13
72 Republicus On the Electoral College; On Reeligibility of the President 1788 Mar 1
73 William Penn Does the Presidential Veto Power Infringe on the Separation 1788 Jan 3
of Departments?
74 Philadelphiensis The President as Military King 1788 Feb 6
75 Hampden A Note Protesting the Treaty-Making Provisions of the 1788 Feb 16
Constitution
76-77 Federal Farmer An Antifederalist View of the Appointing Power Under the
Constitution
78-79 Brutus #15, 16 The Power of the Judiciary (Part 1) 1788 Mar 20
80 Brutus #11 The Power of the Judiciary (Part 2) 1788 Jan 31
81 Brutus #12, 14 The Power of the Judiciary (Part 3) 1788 Feb 7,28
82 Brutus #14, 15 The Power of the Judiciary (Part 4) 1788 Mar 6,20
83 Luther Martin The Federal Judiciary and the Issue of Trial by Jury
84 Brutus On the Lack of a Bill of Rights
85 Plebian Concluding Remarks: Evils Under Confederation
Exaggerated; Constitution Must be Drastically Revised
Before Adoption
Anti-Federalist No. 1, A Dangerous Plan of Benefit only to the "Aristocratick

Combination"
26 November 1787
by A Federalist
From The Boston Gazette and Country Journal, November 26, 1787.
I am pleased to see a spirit of inquiry burst the band of constraint upon the subject of the
NEW PLAN for consolidating the governments of the United States, as recommended by
the late Convention. If it is suitable to the GENIUS and HABITS of the citizens of these
states, it will bear the strictest scrutiny. The PEOPLE are the grand inquest who have a
RIGHT to judge of its merits. The hideous daemon of Aristocracy has hitherto had so
much influence as to bar the channels of investigation, preclude the people from inquiry
and extinguish every spark of liberal information of its qualities. At length the luminary of
intelligence begins to beam its effulgent rays upon this important production; the deceptive
mists cast before the eyes of the people by the delusive machinations of its INTERESTED
advocates begins to dissipate, as darkness flies before the burning taper; and I dare venture
to predict, that in spite of those mercenary dectaimers, the plan will have a candid and
complete examination. Those furious zealots who are for cramming it down the throats of
the people, without allowing them either time or opportunity to scan or weigh it in the
balance of their understandings, bear the same marks in their features as those who have
been long wishing to erect an aristocracy in THIS COMMONWEALTH [of
Massachusetts]. Their menacing cry is for a RIGID government, it matters little to them of
what kind, provided it answers THAT description. As the plan now offered comes
something near their wishes, and is the most consonant to their views of any they can hope
for, they come boldly forward and DEMAND its adoption. They brand with infamy every
man who is not as determined and zealous in its favor as themselves. They cry aloud the
whole must be swallowed or none at all, thinking thereby to preclude any amendment; they
are afraid of having it abated of its present RIGID aspect. They have strived to overawe or
seduce printers to stifle and obstruct a free discussion, and have endeavored to hasten it to
a decision before the people can duly reflect upon its properties. In order to deceive them,
they incessantly declare that none can discover any defect in the system but bankrupts who
wish no government, and officers of the present government who fear to lose a part of their
power. These zealous partisans may injure their own cause, and endanger the public
tranquility by impeding a proper inquiry; the people may suspect the WHOLE to be a
dangerous plan, from such COVERED and DESIGNING schemes to enforce it upon them.
Compulsive or treacherous measures to establish any government whatever, will always
excite jealousy among a free people: better remain single and alone, than blindly adopt
whatever a few individuals shall demand, be they ever so wise. I had rather be a free
citizen of the small republic of Massachusetts, than an oppressed subject of the great
American empire. Let all act understandingly or not at all. If we can confederate upon
terms that wilt secure to us our liberties, it is an object highly desirable, because of its
additional security to the whole. If the proposed plan proves such an one, I hope it will be
adopted, but if it will endanger our liberties as it stands, let it be amended; in order to
which it must and ought to be open to inspection and free inquiry. The inundation of abuse
that has been thrown out upon the heads of those who have had any doubts of its universal
good qualities, have been so redundant, that it may not be improper to scan the characters
of its most strenuous advocates. It will first be allowed that many undesigning citizens may
wish its adoption from the best motives, but these are modest and silent, when compared to
the greater number, who endeavor to suppress all attempts for investigation. These violent
partisans are for having the people gulp down the gilded pill blindfolded, whole, and
without any qualification whatever. These consist generally, of the NOBLE order of
C[incinnatu]s, holders of public securities, men of great wealth and expectations of public
office, B[an]k[er]s and L[aw]y[er]s: these with their train of dependents form the
Aristocratick combination. The Lawyers in particular, keep up an incessant declamation
for its adoption; like greedy gudgeons they long to satiate their voracious stomachs with
the golden bait. The numerous tribunals to be erected by the new plan of consolidated
empire, will find employment for ten times their present numbers; these are the LOAVES
AND FISHES for which they hunger. They will probably find it suited to THEIR
HABITS, if not to the HABITS OF THE PEOPLE. There may be reasons for having but
few of them in the State Convention, lest THEIR [OWN] INTEREST should be too
strongly considered. The time draws near for the choice of Delegates. I hope my fellow-
citizens will look well to the characters of their preference, and remember the Old Patriots
of 75; they have never led them astray, nor need they fear to try them on this momentous
occasion.
Anti-Federalist No. 2, We have been told of Phantoms
11 June 1788
by William Grayson
This essay is an excerpted from a speech of William Grayson, June 11, 1788, in Jonathan
Elliot (ed.), The Debates in the Several State Conventions on the Adoption of the Federal
Constitution.......
(Philadelphia, 1876) 5 vols., III, 274-79.
The adoption of this government will not meliorate our own particular system. I beg leave
to consider the circumstances of the Union antecedent to the meeting of the Convention at
Philadelphia. We have been told of phantoms and ideal dangers to lead us into measures
which will, in my opinion, be the ruin of our country. If the existence of those dangers
cannot be proved, if there be no apprehension of wars, if there be no rumors of wars, it will
place the subject in a different light, and plainly evince to the world that there cannot be
any reason for adopting measures which we apprehend to be ruinous and destructive.
When this state [Virginia] proposed that the general government should be improved,
Massachusetts was just recovered from a rebellion which had brought the republic to the
brink of destruction from a rebellion which was crushed by that federal government which
is now so much contemned and abhorred. A vote of that august body for fifteen hundred
men, aided by the exertions of the state, silenced all opposition, and shortly restored the
public tranquility. Massachusetts was satisfied that these internal commotions were so
happily settled, and was unwilling to risk any similar distresses by theoretic experiments.
Were the Eastern States willing to enter into this measure? Were they willing to accede to
the proposal of Virginia? In what manner was it received? Connecticut revolted at the idea.
The Eastern States, sir, were unwilling to recommend a meeting of a convention. They
were well aware of the dangers of revolutions and changes. Why was every effort used,
and such uncommon pains taken, to bring it about? This would have been unnecessary, had
it been approved of by the people. Was Pennsylvania disposed for the reception of this
project of reformation? No, sir. She was even unwilling to amend her revenue laws, so as
to make the five per centum operative. She was satisfied with things as they were. There
was no complaint, that ever I heard of, from any other part of the Union, except Virginia.
This being the case among ourselves, what dangers were there to be apprehended from
foreign nations? It will be easily shown that dangers from that quarter were absolutely
imaginary. Was not France friendly? Unequivocally so. She was devising new regulations
of commerce for our advantage. Did she harass us with applications for her money? Is it
likely that France will quarrel with us? Is it not reasonable to suppose that she will be more
desirous than ever to cling, after losing the Dutch republic, to her best ally? How are the
Dutch? We owe them money, it is true; and are they not willing that we should owe them
more? Mr. [John] Adams applied to them for a new loan to the poor, despised
Confederation. They readily granted it. The Dutch have a fellow-feeling for us. They were
in the same situation with ourselves.
I believe that the money which the Dutch borrowed of Henry IV is not yet paid. How did
they pass Queen Elizabeth's loan? At a very considerable discount. They took advantage of
the weakness and necessities of James I, and made their own terms with that contemptible
monarch. Loans from nations are not like loans from private men. Nations lend money, and
grant assistance, to one another, from views of national interestFrance was willing to
pluck the fairest feather out of the British crown. This was her object in aiding us. She will
not quarrel with us on pecuniary considerations. Congress considered it in this point of
view; for when a proposition was made to make it a debt of private persons, it was rejected
without hesitation. That respectable body wisely considered, that, while we remained their
debtors in so considerable a degree, they would not be inattentive to our interest.
With respect to Spain, she is friendly in a high degree. I wish to know by whose
interposition was the treaty with Morocco made. Was it not by that of the king of Spain?
Several predatory nations disturbed us, on going into the Mediterranean. The influence of
Charles III at the Barbary court, and four thousand pounds, procured as good a treaty with
Morocco as could be expected. But I acknowledge it is not of any consequence, since the
Algerines and people of Tunis have not entered into similar measures. We have nothing to
fear from Spain; and, were she hostile, she could never be formidable to this country. Her
strength is so scattered, that she never can be dangerous to us either in peace or war. As to
Portugal, we have a treaty with her, which may be very advantageous, though it be not yet
ratified.
The domestic debt is diminished by considerable sales of western lands to Cutler, Sergeant,
and Company; to Simms; and to Royal, Flint, and Company. The board of treasury is
authorized to sell in Europe, or any where else, the residue of those lands.
An act of Congress has passed, to adjust the public debts between the individual states and
the United States.
Was our trade in a despicable situation? I shall say nothing of what did not come under my
own observation. When I was in Congress, sixteen vessels had had sea letters in the East
India trade, and two hundred vessels entered and cleared out, in the French West India
Islands, in one year.
I must confess that public credit has suffered, and that our public creditors have been ill
used. This was owing to a fault at the head-quartersto Congress themselvesin not
selling the western lands at an earlier period. If requisitions have not been complied with, it
must be owing to Congress, who might have put the unpopular debts on the back lands.
Commutation is abhorrent to New England ideas. Speculation is abhorrent to the Eastern
States. Those inconveniences have resulted from the bad policy of Congress.
There are certain modes of governing the people which will succeed. There are others
which will not. The idea of consolidation is abhorrent to the people of this country. How
were the sentiments of the people before the meeting of the Convention at Philadelphia?
They had only one object in view. Their ideas reached no farther than to give the general
government the five per centum impost, and the regulation of trade. When it was agitated
in Congress, in a committee of the whole, this was all that was asked, or was deemed
necessary. Since that period, their views have extended much farther. Horrors have been
greatly magnified since the rising of the Convention.
We are now told by the honorable gentleman (Governor Randolph) that we shall have wars
and rumors of wars, that every calamity is to attend us, and that we shall be ruined and
disunited forever, unless we adopt this Constitution. Pennsylvania and Maryland are to fall
upon us from the north, like the Goths and Vandals of old; the Algerines, whose flat-sided
vessels never came farther than Madeira, are to fill the Chesapeake with mighty fleets, and
to attack us on our front; the Indians are to invade us with numerous armies on our rear, in
order to convert our cleared lands into hunting-grounds; and the Carolinians, from the
south, (mounted on alligators, I presume,) are to come and destroy our cornfields, and eat
up our little children! These, sir, are the mighty dangers which await us if we reject
dangers which are merely imaginary, and ludicrous in the extreme! Are we to be destroyed
by Maryland and Pennsylvania? What will democratic states make war for, and how long
since have they imbibed a hostile spirit?
But the generality are to attack us. Will they attack us after violating their faith in the first
Union? Will they not violate their faith if they do not take us into their confederacy? Have
they not agreed, by the old Confederation, that the Union shall be perpetual, and that no
alteration should take place without the consent of Congress, and the confirmation of the
legislatures of every state? I cannot think that there is such depravity in mankind as that,
after violating public faith so flagrantly, they should make war upon us, also, for not
following their example.
The large states have divided the back lands among themselves, and have given as much as
they thought proper to the generality. For the fear of disunion, we are told that we ought to
take measures which we otherwise should not. Disunion is impossible. The Eastern States
hold the fisheries, which are their cornfields, by a hair. They have a dispute with the
British government about their limits at this moment. Is not a general and strong
government necessary for their interest? If ever nations had inducements to peace, the
Eastern States now have. New York and Pennsylvania anxiously look forward for the fur
trade. How can they obtain it but by union? Can the western posts be got or retained
without union? How are the little states inclined? They are not likely to disunite. Their
weakness will prevent them from quarrelling. Little men are seldom fond of quarrelling
among giants. Is there not a strong inducement to union, while the British are on one side
and the Spaniards on the other? Thank Heaven, we have a Carthage of our own
But what would I do on the present occasion to remedy the existing defects of the present
Confederation? There are two opinions prevailing in the worldthe one, that mankind can
only be governed by force; the other, that they are capable of freedom and a good
government. Under a supposition that mankind can govern themselves, I would
recommend that the present Confederation should be amended. Give Congress the
regulation of commerce. Infuse new strength and spirit into the state governments; for,
when the component parts are strong, it will give energy to the government, although it be
otherwise weak.
Apportion the public debts in such a manner as to throw the unpopular ones on the back
lands. Call only for requisitions for the foreign interest and aid them by loans. Keep on so
till the American character be marked with some certain features. We are yet too young to
know what we are fit for. The continual migration of people from Europe, and the
settlement of new countries on our western frontiers, are strong arguments against making
new experiments now in government. When these things are removed, we can with greater
prospect of success, devise changes. We ought to consider, as Montesquieu says, whether
the construction of the government be suitable to the genius and disposition of the people,
as well as a variety of other circumstances.
Anti-Federalist No. 3, New Constitution Creates a National Government; Will Not Abate
Foreign Influence; Dangers of Civil War and Despotism
March 7, 1788
By A Farmer
Like the nome de plume "Publius" used by pro Constitution writers in the Federalist
Papers, several Antifederalists signed their writings "A FARMER." While the occupation
of the writers may not have coincided with the name given, the arguments against
consolidating power in the hands of a central government were widely read. The following
was published in the Maryland Gazette and Baltimore Advertiser, March 7, 1788. The true
identity of the author is unknown.
There are but two modes by which men are connected in society, the one which operates
on individuals, this always has been, and ought still to be called, national government; the
other which binds States and governments together (not corporations, for there is no
considerable nation on earth, despotic, monarchical, or republican, that does not contain
many subordinate corporations with various constitutions) this last has heretofore been
denominated a league or confederacy. The term federalists is therefore improperly applied
to themselves, by the friends and supporters of the proposed constitution. This abuse of
language does not help the cause; every degree of imposition serves only to irritate, but can
never convince. They are national men, and their opponents, or at least a great majority of
them, are federal, in the only true and strict sense of the word.
Whether any form of national government is preferable for the Americans, to a league or
confederacy, is a previous question we must first make up our minds upon....
That a national government will add to the dignity and increase the splendor of the United
States abroad, can admit of no doubt: it is essentially requisite for both. That it will render
government, and officers of government, more dignified at home is equally certain. That
these objects are more suited to the manners, if not [the] genius and disposition of our
people is, I fear, also true. That it is requisite in order to keep us at peace among ourselves,
is doubtful. That it is necessary, to prevent foreigners from dividing us, or interfering in
our government, I deny positively; and, after all, I have strong doubts whether all its
advantages are not more specious than solid. We are vain, like other nations. We wish to
make a noise in the world; and feel hurt that Europeans are not so attentive to America in
peace, as they were to America in war. We are also, no doubt, desirous of cutting a figure
in history. Should we not reflect, that quiet is happiness? That content and pomp are
incompatible? I have either read or heard this truth, which the Americans should never
forget: That the silence of historians is the surest record of the happiness of a people. The
Swiss have been four hundred years the envy of mankind, and there is yet scarcely an
history of their nation. What is history, but a disgusting and painful detail of the butcheries
of conquerors, and the woeful calamities of the conquered? Many of us are proud, and are
frequently disappointed that office confers neither respect or difference. No man of merit
can ever be disgraced by office. A rogue in office may be feared in some governments-he
will be respected in none. After all, what we call respect and difference only arise from
contrast of situation, as most of our ideas come by comparison and relation. Where the
people are free there can be no great contrast or distinction among honest citizens in or out
of office. In proportion as the people lose their freedom, every gradation of distinction,
between the Governors and governed obtains, until the former become masters, and the
latter become slaves. In all governments virtue will command reverence. The divine Cato
knew every Roman citizen by name, and never assumed any preeminence; yet Cato found,
and his memory will find, respect and reverence in the bosoms of mankind, until this world
returns into that nothing, from whence Omnipotence called it. That the people are not at
present disposed for, and are actually incapable of, governments of simplicity and equal
rights, I can no longer doubt. But whose fault is it? We make them bad, by bad
governments, and then abuse and despise them for being so. Our people are capable of
being made anything that human nature was or is capable of, if we would only have a little
patience and give them good and wholesome institutions; but I see none such and very
little prospect of such. Alas! I see nothing in my fellow-citizens, that will permit my still
fostering the delusion, that they are now capable of sustaining the weight of SELF-
GOVERNMENT: a burden to which Greek and Roman shoulders proved unequal. The
honor of supporting the dignity of the human character, seems reserved to the hardy
Helvetians alone. If the body of the people will not govern themselves, and govern
themselves well too, the consequence is unavoidable-a FEW will, and must govern them.
Then it is that government becomes truly a government by force only, where men
relinquish part of their natural rights to secure the rest, instead of an union of will and
force, to protect all their natural rights, which ought to be the foundation of every rightful
social compact.
Whether national government will be productive of internal peace, is too uncertain to admit
of decided opinion. I only hazard a conjecture when I say, that our state disputes, in a
confederacy, would be disputes of levity and passion, which would subside before injury.
The people being free, government having no right to them, but they to government, they
would separate and divide as interest or inclination prompted-as they do at this day, and
always have done, in Switzerland. In a national government, unless cautiously and
fortunately administered, the disputes will be the deep-rooted differences of interest, where
part of the empire must be injured by the operation of general law; and then should the
sword of government be once drawn (which Heaven avert) I fear it will not be sheathed,
until we have waded through that series of desolation, which France, Spain, and the other
great kingdoms of the world have suffered, in order to bring so many separate States into
uniformity, of government and law; in which event the legislative power can only be
entrusted to one man (as it is with them) who can have no local attachments, partial
interests, or private views to gratify.
That a national government will prevent the influence or danger of foreign intrigue, or
secure us from invasion, is in my judgment directly the reverse of the truth. The only
foreign, or at least evil foreign influence, must be obtained through corruption. Where the
government is lodged in the body of the people, as in Switzerland, they can never be
corrupted; for no prince, or people, can have resources enough to corrupt the majority of a
nation; and if they could, the play is not worth the candle. The facility of corruption is
increased in proportion as power tends by representation or delegation, to a concentration

in the hands of a few. . . .
As to any nation attacking a number of confederated independent republics ... it is not to be

expected, more especially as the wealth of the empire is there universally diffused, and will
not be collected into any one overgrown, luxurious and effeminate capital to become a lure
to the enterprizing ambitious. That extensive empire is a misfortune to be deprecated, will
not now be disputed. The balance of power has long engaged the attention of all the
European world, in order to avoid the horrid evils of a general government. The same
government pervading a vast extent of territory, terrifies the minds of individuals into
meanness and submission. All human authority, however organized, must have confined
limits, or insolence and oppression will prove the offspring of its grandeur, and the
difficulty or rather impossibility of escape prevents resistance. Gibbon relates that some
Roman Knights who had offended government in Rome were taken up in Asia, in a very
few days after. It was the extensive territory of the Roman republic that produced a Sylla, a
Marius, a Caligula, a Nero, and an Elagabalus. In small independent States contiguous to
each other, the people run away and leave despotism to reek its vengeance on itself; and
thus it is that moderation becomes with them, the law of self-preservation. These and such
reasons founded on the eternal and immutable nature of things have long caused and will
continue to cause much difference of sentiment throughout our wide extensive territories.
From our divided and dispersed situation, and from the natural moderation of the
American character, it has hitherto proved a warfare of argument and reason.
A FARMER
Anti-Federalist No. 4, Foreign Wars, Civil Wars, and Indian WarsThree Bugbears
June 5, 7, and 9, 1788
by Patrick Henry
Patrick Henry was a somewhat the antithesis to James Madison of Federalist note. While
every bit as emotional a writer, Henry (who penned the well remembered "Give Me Liberty
of Give Me Death" phrase) opposed the new Constitution for many reasons. He delivered
long speeches to the Virginia Ratification convention June 5, 7, and 9, 1788. The following
is taken from Elliot's Debates, 111, 46, 48, 141-42, 150-56.
If we recollect, on last Saturday, I made some observations on some of those dangers

which these gentlemen would fain persuade us hang over the citizens of this
commonwealth [Virginia] to induce us to change the government, and adopt the new plan.
Unless there be great and awful dangers, the change is dangerous, and the experiment
ought not to be made. In estimating the magnitude of these dangers, we are obliged to take
a most serious view of themto see them, to handle them, and to be familiar with them. It
is not sufficient to feign mere imaginary dangers; there must be a dreadful reality. The
great question between us is: Does that reality exist? These dangers are partially attributed
to bad laws, execrated by the community at large. It is said the people wish to change the
government. I should be happy to meet them on that ground. Should the people wish to
change it, we should be innocent of the dangers. It is a fact that the people do not wish to
change their government. How am I to prove it? It will rest on my bare assertion, unless
supported by an internal conviction in men's breasts. My poor say-so is a mere nonentity.
But, sir, I am persuaded that four fifths of the people of Virginia must have amendments to
the new plan, to reconcile them to a change of their government. It is a slippery foundation
for the people to rest their political salvation on my or their assertions. No government can
flourish unless it be founded on the affection of the people. Unless gentlemen can be sure
that this new system is founded on that ground, they ought to stop their career.
I will not repeat what the gentlemen sayI will mention one thing. There is a dispute
between us and the Spaniards about the right of navigating the Mississippi Seven states
wished to relinquish this river to them. The six Southern states opposed it. Seven states not
being sufficient to convey it away, it remains now ours.
There is no danger of a dismemberment of our country, unless a Constitution be adopted

which will enable the government to plant enemies on our backs. By the Confederation,
the rights of territory are secured. No treaty can be made without the consent of nine states.
While the consent of nine states is necessary to the cession of territory, you are safe. If it be
put in the power of a less number, you will most infallibly lose the Mississippi. As long as
we can preserve our unalienable rights, we are in safety. This new Constitution will
involve in its operation the loss of the navigation of that valuable river.
The honorable gentleman [either James Madison or Edmund Randolph], cannot be

ignorant of the Spanish transactions [the Jay-Gardoqui negotiations]. A treaty had been
nearly entered into with Spain, to relinquish that navigation. That relinquishment would
absolutely have taken place, had the consent of seven states been sufficient This new
government, I conceive, will enable those states who have already discovered their
inclination that way, to give away this river.
We are threatened with danger [according to some,] for the non-payment of our debt due to
France. We have information come from an illustrious citizen of Virginia, who is now in
Paris, which disproves the suggestions of such danger. This citizen has not been in the airy
regions of theoretic speculationour ambassador [Thomas Jefferson] is this worthy
citizen. The ambassador of the United States of America is not so despised as the
honorable gentleman would make us believe. A servant of a republic is as much respected
as that of a monarch. The honorable gentleman tells us that hostile fleets are to be sent to
make reprisals upon us. Our ambassador tells you that the king of France has taken into
consideration to enter into commercial regulations, on reciprocal terms, with us, which will
be of peculiar advantage to us. Does this look like hostility? I might go farther. I might say,
not from public authority, but good information, that his opinion is, that you reject this
government. His character and abilities are in the highest estimation; he is well acquainted,
in every respect, with this country; equally so with the policy of the European nations. Let
us follow the sage advice of this common friend of our happiness.
It is little usual for nations to send armies to collect debts. The house of Bourbon, that great
friend of America, will never attack her for her unwilling delay of payment. Give me leave
to say, that Europe is too much engaged about objects of greater importance, to attend to
us. On that great theatre of the world, the little American matters vanish. Do you believe
that the mighty monarch of France, beholding the greatest scenes that ever engaged the
attention of a prince of that country, will divert himself from those important objects, and
now call for a settlement of accounts with America? This proceeding is not warranted by
good sense. The friendly disposition to us, and the actual situation of France, render the
idea of danger from that quarter absurd. Would this countryman of ours be fond of
advising us to a measure which he knew to be dangerous? And can it be reasonably
supposed that he can be ignorant of any premeditated hostility against this country? The
honorable gentleman may suspect the account; but I will do our friend the justice to say,
that he would warn us of any danger from France.
Do you suppose the Spanish monarch will risk a contest with the United States, when his
feeble colonies are exposed to them? Every advance the people make to the westward,
makes them tremble for Mexico and Peru. Despised as we are among ourselves, under our
present government, we are terrible to that monarchy. If this be not a fact, it is generally
said so.
We are, in the next place, frightened by dangers from Holland. We must change our
government to escape the wrath of that republic. Holland groans under a government like
this new one. A stadtholder, sir, a Dutch president, has brought on that country miseries
which will not permit them to collect debts with fleets or armies This President will
bring miseries on us like those of Holland. Such is the condition of European affairs, that it
would be unsafe for them to send fleets or armies to collect debts.
But here, sir, they make a transition to objects of another kind. We are presented with
dangers of a very uncommon nature. I am not acquainted with the arts of painting. Some
gentlemen have a peculiar talent for them. They are practised with great ingenuity on this
occasion. As a counterpart to what we have already been intimidated with, we are told that
some lands have been sold, which cannot be found; and that this will bring war on this
country. Here the picture will not stand examination. Can it be supposed, if a few land
speculators and jobbers have violated the principles of probity, that it will involve this
country in war? Is there no redress to be otherwise obtained, even admitting the
delinquents and sufferers to be numerous? When gentlemen are thus driven to produce
imaginary dangers, to induce this Convention to assent to this change, I am sure it will not
be uncandid to say that the change itself is really dangerous. Then the Maryland compact is
broken, and will produce perilous consequences. I see nothing very terrible in this. The
adoption of the new system will not remove the evil. Will they forfeit good neighborhood
with us, because the compact is broken? Then the disputes concerning the Carolina line are
to involve us in dangers. A strip of land running from the westward of the Alleghany to the
Mississippi, is the subject of this pretended dispute. I do not know the length or breadth of
this disputed spot. Have they not regularly confirmed our right to it, and relinquished all
claims to it? I can venture to pledge that the people of Carolina will never disturb us.
Then, sir, comes Pennsylvania, in terrible array. Pennsylvania is to go in conflict with
Virginia. Pennsylvania has been a good neighbor heretofore. She is federalsomething
terribleVirginia cannot look her in the face. If we sufficiently attend to the actual
situation of things, we shall conclude that Pennsylvania will do what we do. A number of
that country are strongly opposed to it. Many of them have lately been convinced of its
fatal tendency. They are disgorged of their federalism. Place yourselves in their
situation; would you fight your neighbors for considering this great and awful matter?
Whatever may be the disposition of the aristocratical politicians of that country, I know
there are friends of human nature in that state. If so, they will never make war on those
who make professions of what they are attached to themselves.
As to the danger arising from borderers, it is mutual and reciprocal. If it be dangerous for
Virginia, it is equally so for them. It will be their true interest to be united with us. The
danger of our being their enemies will be a prevailing argument in our favor. It will be as
powerful to admit us into the Union, as a vote of adoption, without previous amendments,
could possibly be.
Then the savage Indians are to destroy us. We cannot look them in the face. The danger is
here divided; they are as terrible to the other states as to us. But, sir, it is well known that
we have nothing to fear from them. Our back settlers are considerably stronger than they.
Their superiority increases daily. Suppose the states to be confederated all around us; what
we want in numbers, we shall make up otherwise. Our compact situation and natural
strength will secure us. But, to avoid all dangers, we must take shelter under the federal
government. Nothing gives a decided importance but this federal government. You will sip
sorrow, according to the vulgar phrase, if you want any other security than the laws of
Virginia.
Where is the danger? If, sir, there was any, I would recur to the American spirit to defend
us; that spirit which has enabled us to surmount the greatest difficultiesto that illustrious
spirit I address my most fervent prayer to prevent our adopting a system destructive to
liberty. Let not gentlemen be told that it is not safe to reject this government. Wherefore is
it not safe? We are told there are dangers, but those dangers are ideal; they cannot be
demonstrated.
The Confederation, this despised government, merits, in my opinion, the highest

encomiumit carried us through a long and dangerous war; it rendered us victorious in
that bloody conflict with a powerful nation; it has secured us a territory greater than any
European monarch possessesand shall a government which has been thus strong and ,
be accused of imbecility, and abandoned for want of energy? Consider what you are about
to do before you part with the government. Take longer time in reckoning things;
revolutions like this have happened in almost every country in Europe; similar examples
are to be found in ancient Greece and ancient Romeinstances of the people losing their
liberty by their own carelessness and the ambition of a few. We are cautioned against
faction and turbulence. I acknowledge that licentiousness is dangerous, and that it ought to
be provided against. I acknowledge, also, the new form of government may effectually
prevent it. Yet there is another thing it will as effectually doit will oppress and ruin the
people.
Anti-Federalist No. 5, Scotland and EnglandA Case in Point
3 December 1787
by An Observer
The ongoing Federalist essays appeared from October of 1787 to May of 1788. Rebuttals
(Antifederalist in nature) to Federalist writers seldom were published. This selection was
an answer to Publius [John Jay] Federalist No. 5. This article by "AN OBSERVER," was
printed in The New-York Journal and was reprinted in the [Boston] American Herald on
December 3, 1787.
A writer, under the signature Publius or The Federalist, No. V, in the Daily Advertiser, and
in the New York Packet, with a view of proving the advantages which, he says, will be
derived by the states if the new constitution is adopted, has given extracts of a letter from
Queen Anne to the Scotch parliament, on the subject of a union between Scotland and
England.
I would beg leave to remark, that Publius has been very unfortunate in selecting these
extracts as a case in point, to convince the people of America of the benefits they would
derive from a union, under such a government as would be effected by the new system. It
is a certainty, that when the union was the subject of debate in the Scottish legislature,
some of their most sensible and disinterested nobles, as well as commoners! (who were not
corrupted by English gold), violently opposed the union, and predicted that the people of
Scotland would, in fact, derive no advantages from a consolidation of government with
England; but, on the contrary, they would bear a great proportion of her debt, and furnish
large bodies of men to assist in her wars with France, with whom, before the union,
Scotland was at all times on terms of the most cordial amity. It was also predicted that the
representation in the parliament of Great Britain, particularly in the house of commons,
was too small; forty-five members being very far from the proportion of Scotland, when its
extent and numbers were duly considered; and that even they, being so few, might (or at
least a majority of them might) at all times be immediately under the influence of the
English ministry; and, of course, very little of their attention would be given to the true
interest of their constituents, especially if they came in competition with the prospects of
views of the ministry. How far these predictions have been verified I believe it will not
require much trouble to prove. It must be obvious to everyone, the least acquainted with
English history, that since the union of the two nations the great body of the people in
Scotland are in a much worse situation now, than they would be, were they a separate
nation. This will be fully illustrated by attending to the great emigrations which are made
to America. For if the people could have but a common support at home, it is unreasonable
to suppose that such large numbers would quit their country, break from the tender ties of
kindred and friendship and trust themselves on a dangerous voyage across a vast ocean, to
a country of which they can know but very little except by common report. I will only
further remark, that it is not about two or three years since a member of the British
parliament (I believe Mr. Dempster) gave a most pathetic description of the sufferings of
the commonalty of Scotland, particularly on the sea coast, and endeavored to call the
attention of parliament to their distresses, and afford them some relief by encouraging their
fisheries. It deserves also to be remembered, that the people of Scotland, in the late war
between France and Great Britain, petitioned to have arms and ammunition supplied them
by their general government, for their defense, alleging that they were incapable of
defending themselves and their property from an invasion unless they were assisted by
government. It is a truth that their petitions were disregarded, and reasons were assigned,
that it would be dangerous to entrust them with the means of defense, as they would then
have it in their power to break the union. From this representation of the situation of
Scotland, surely no one can draw any conclusion that this country would derive happiness
or security from a government which would, in reality, give the people but the mere name
of being free. For if the representation, stipulated by the constitution, framed by the late
convention, be attentively and dispassionately considered, it must be obvious to every
disinterested observer (besides many other weighty objections which will present
themselves to view), that the number is not, by any means, adequate to the present
inhabitants of this extensive continent, much less to those it will contain at a future period.
I observe that the writer above mentioned, takes great pains to show the disadvantages
which would result from three or four distinct confederacies of these states. I must confess
that I have not seen, in any of the pieces published against the proposed constitution, any
thing which gives the most distant idea that their writers are in favor of such governments;
but it is clear these objections arise from a consolidation not affording security for the
liberties of their country, and from hence it must evidently appear, that the design of
Publius, in artfully holding up to public view [the bugbear of] such confederacies, can be
with no other intention than wilfully to deceive his fellow citizens. I am confident it must
be, and that it is, the sincere wish of every true friend to the United States, that there should
be a confederated national government, but that it should be one which would have a
control over national and external matters only, and not interfere with the internal
regulations and police of the different states in the union. Such a government, while it
would give us respectability abroad, would not encroach upon, or subvert our liberties at
home.
An Observer
Anti Federalist No. 6, The Hobgoblins of Anarchy and Dissentions Among the States
(Centinel essay no. XI)
16 January 1788
by Centinel
One of largest series of Antifederalist essays was penned under the pseudonym
"CENTINEL." The Philadelphia Independent Gazetteer ran this 24 essay series between
October 5, 1787 and November 24, 1788.
The evils of anarchy have been portrayed with all the imagery of language in the growing
colors of eloquence; the affrighted mind is thence led to clasp the new Constitution as the
instrument of deliverance, as the only avenue to safety and happiness. To avoid the
possible and transitory evils of one extreme, it is seduced into the certain and permanent
misery necessarily attendant on the other. A state of anarchy from its very nature can never
be of long continuance; the greater its violence the shorter the duration. Order and security
are immediately sought by the distracted people beneath the shelter of equal laws and the
salutary restraints of regular government; and if this be not attainable, absolute power is
assumed by the one, or a few, who shall be the most enterprising and successful. If
anarchy, therefore, were the inevitable consequence of rejecting the new Constitution, it
would be infinitely better to incur it, for even then there would be at least the chance of a
good government rising out of licentiousness. But to rush at once into despotism because
there is a bare possibility of anarchy ensuing from the rejection, or from what is yet more
visionary, the small delay that would be occasioned by a revision and correction of the
proposed system of government is so superlatively weak, so fatally blind, that it is
astonishing any person of common understanding should suffer such an imposition to have
the least influence on his judgment; still more astonishing that so flimsy and deceptive a
doctrine should make converts among the enlightened freemen of America, who have so
long enjoyed the blessings of liberty. But when I view among such converts men otherwise
pre-eminent it raises a blush for the weakness of humanity that these, her brightest
ornaments, should be so dimsighted to what is self-evident to most men, that such
imbecility of judgment should appear where so much perfection was looked for. This
ought to teach us to depend more on our own judgment and the nature of the case than
upon the opinions of the greatest and best of men, who, from constitutional infirmities or
particular situations, may sometimes view an object through a delusive medium; but the
opinions of great men are more frequently the dictates of ambition or private interest.
The source of the apprehensions of this so much dreaded anarchy would upon investigation
be found to arise from the artful suggestions of designing men, and not from a rational
probability grounded on the actual state of affairs. The least reflection is sufficient to detect
the fallacy to show that there is no one circumstance to justify the prediction of such an
event. On the contrary a short time will evince, to the utter dismay and confusion of the
conspirators, that a perseverance in cramming down their scheme of power upon the
freemen of this State [Pennsylvania] will inevitably produce an anarchy destructive of their
darling domination, and may kindle a flame prejudicial to their safety. They should be
cautious not to trespass too far on the forbearance of freemen when wresting their dearest
concerns, but prudently retreat from the gathering storm.
The other specter that has been raised to terrify and alarm the people out of the exercise of
their judgment on this great occasion, is the dread of our splitting into separate
confederacies or republics, that might become rival powers and consequently liable to
mutual wars from the usual motives of contention. This is an event still more improbable
than the foregoing. It is a presumption unwarranted, either by the situation of affairs, or the
sentiments of the people; no disposition leading to it exists; the advocates of the new
constitution seem to view such a separation with horror, and its opponents are strenuously
contending for a confederation that shall embrace all America under its comprehensive and
salutary protection. This hobgoblin appears to have sprung from the deranged brain of
Publius, [The Federalist] a New York writer, who, mistaking sound for argument, has with
Herculean labor accumulated myriads of unmeaning sentences, and mechanically
endeavored to force conviction by a torrent of misplaced words. He might have spared his
readers the fatigue of wading through his long-winded disquisitions on the direful effects
of the contentions of inimical states, as totally inapplicable to the subject he was
professedly treating; this writer has devoted much time, and wasted more paper in
combating chimeras of his own creation. However, for the sake of argument, I will admit
that the necessary consequence of rejecting or delaying the establishment of the new
constitution would be the dissolution of the union, and the institution of even rival and
inimical republics; yet ought such an apprehension, if well founded, to drive us into the
fangs of despotism? Infinitely preferable would be occasional wars to such an event. The
former, although a severe scourge, is transient in its continuance, and in its operation
partial, but a small proportion of the community are exposed to its greatest horrors, and yet
fewer experience its greatest evils; the latter is permanent and universal misery, without
remission or exemption. As passing clouds obscure for a time the splendor of the sun, so
do wars interrupt the welfare of mankind; but despotism is a settled gloom that totally
extinguishes happiness. Not a ray of comfort can penetrate to cheer the dejected mind; the
goad of power with unabating rigor insists upon the utmost exaction; like a merciless
taskmaster, [it] is continually inflicting the lash, and is never satiated with the feast of
unfeeling domination, or the most abject servility.
The celebrated Lord Kaims, whose disquisitions of human nature evidence extraordinary
strength of judgment and depth of investigation, says that a continual civil war, which is
the most destructive and horrible scene of human discord, is preferable to the uniformity of
wretchedness and misery attendant upon despotism; of all possible evils, as I observed in
my first number, this is the worst and the most to be dreaded.
I congratulate my fellow citizens that a good government, the greatest earthly blessing,
may be so easily obtained, that our circumstances are so favorable, that nothing but the
folly of the conspirators can produce anarchy or civil war, which would presently terminate
in their destruction and the permanent harmony of the state, alone interrupted by their
ambitious machinations.
Anti-Federalist No. 7, Adoption of the Constitution Will Lead to Civil War
6 December 1787
by Philanthropos
"PHILANTHROPOS," (an anonymous Virginia Antifederalist) appeared in The Virginia

Journal and Alexandria Advertiser, December 6, 1787, writing his version of history under
the proposed new Constitution.
The time in which the constitution or government of a nation undergoes any particular
change, is always interesting and critical. Enemies are vigilant, allies are in suspense,
friends hesitating between hope and fear; and all men are in eager expectation to see what
such a change may produce. But the state of our affairs at present, is of such moment, as
even to arouse the dead
[A certain defender of the Constitution has stated that objections to it] are more calculated
to alarm the fears of the people than to answer any valuable end. Was that the case, as it is
not, will any man in his sober senses say, that the least infringement or appearance of
infringement on our libertythat liberty which has lately cost so much blood and treasure,
together with anxious days and sleepless nightsought not both to rouse our fears and
awaken our jealousy? The new constitution in its present form is calculated to produce
despotism, thraldom and confusion, and if the United States do swallow it, they will find it
a bolus, that will create convulsions to their utmost extremities. Were they mine enemies,
the worst imprecation I could devise would be, may they adopt it. For tyranny, where it has
been chained (as for a few years past) is always more cursed, and sticks its teeth in deeper
than before. Were Col. [George] Mason's objections obviated, the improvement would be
very considerable, though even then, not so complete as might be. The Congress's having
power without controlto borrow money on the credit of the United States; their having
power to appoint their own salaries, and their being paid out of the treasury of the United
States, thereby, in some measure, rendering them independent of the individual states; their
being judges of the qualification and election of their own members, by which means they
can get men to suit any purpose; together with Col. Mason's wise and judicious
objectionsare grievances, the very idea of which is enough to make every honest citizen
exclaim in the language of Cato, O Liberty, O my country! Our present constitution, with a
few additional powers to Congress, seems better calculated to preserve the rights and
defend the liberties of our citizens, than the one proposed, without proper amendments. Let
us therefore, for once, show our judgment and solidity by continuing it, and prove the
opinion to be erroneous, that levity and fickleness are not only the foibles of our tempers,
but the reigning principles in these states. There are men amongst us, of such dissatisfied
tempers, that place them in Heaven, they would find something to blame; and so restless
and self-sufficient, that they must be eternally reforming the state. But the misfortune is,
they always leave affairs worse than they find them. A change of government is at all times
dangerous, but at present may be fatal, without the utmost caution, just after emerging out
of a tedious and expensive war. Feeble in our nature, and complicated in our form, we are
little able to bear the rough Posting of civil dissensions which are likely to ensue. Even
now, discontent and opposition distract our councils. Division and despondency affect our
people. Is it then a time to alter our government, that government which even now totters
on its foundation, and will, without tender care, produce ruin by its fall?
Beware my countrymen! Our enemiesuncontrolled as they are in their ambitious

schemes, fretted with losses, and perplexed with disappointmentswill exert their whole
power and policy to increase and continue our confusion. And while we are destroying one
another, they will be repairing their losses, and ruining our trade.
Of all the plagues that infest a nation, a civil war is the worst. Famine is severe, pestilence
is dreadful; but in these, though men die, they die in peace. The father expires without the
guilt of the son; and the son, if he survives, enjoys the inheritance of his father. Cities may
be thinned, but they neither plundered nor burnt. But when a civil war is kindled, there is
then forth no security of property nor protection from any law. Life and fortune become
precarious. And all that is dear to men is at the discretion of profligate soldiery, doubly
licentious on such an occasion. Cities are exhausted by heavy contributions, or sacked
because they cannot answer exorbitant demand. Countries are eaten up by the parties they
favor, and ravaged by the one they oppose. Fathers and sons, sheath their swords in
anothers bowels in the field, and their wives and daughters are exposed to rudeness and
lust of ruffians at home. And when the sword has decided quarrel, the scene is closed with
banishments, forfeitures, and barbarous executions that entail distress on children then
unborn. May Heaven avert the dreadful catastrophe! In the most limited governments, what
wranglings, animosities, factions, partiality, and all other evils that tend to embroil a nation
and weaken a state, are constantly practised by legislators. What then may we expect if the
new constitution be adopted as it now stands? The great will struggle for power, honor and
wealth; the poor become a prey to avarice, insolence and oppression. And while some are
studying to supplant their neighbors, and others striving to keep their stations, one villain
will wink at the oppression of another, the people be fleeced, and the public business
neglected. From despotism and tyranny good Lord deliver us.
Anti-Federalist No. 8, The Power Vested in Congress of Sending Troops for Suppressing
Insurrections Will Always Enable Them to Stifle the First Struggles of Freedom
5 March 1788
by A Federal Republican
"A FEDERAL REPUBLICAN" (from Virginia) had his `letter to the editor' appear in The
Norfolk and Portsmouth Register March 5, 1788.
. By the Articles of Confederation, the congress of the United State was vested with
powers for conducting the common concerns of the continent. They had the sole and
exclusive right and power of determining on peace and war; of sending and receiving
ambassadors; of entering into treaties and alliances; and of pointing out the respective
quotas of men and men which each state should furnish. But it was expressly provided that
the money to be supplied by each state should be raised by the authority and direction of
the legislature thereofthus reserving to the states the important privilege of levying taxes
upon their citizens in such manner as might be most conformable to their peculiar
circumstances and form of government. With powers thus constituted was congress
enabled to unite the general exertions of the continent in the cause of liberty and to carry us
triumphantly through a long and bloody war. It was not until sometime after peace and a
glorious independence had been established that defects were discovered in that system of
federal government which had procured to us those blessings. It was then perceived that
the Articles of Confederation were inadequate to the purposes of the union; and it was
particularly suggested as necessary to vest in congress the further power of exclusively
regulating the commerce of the United States, as well to enable us, by a system more
uniform, to counteract the policy of foreign nations, as for other important reasons. Upon
this principle, a general convention of the United States was proposed to be held, and
deputies were accordingly appointed by twelve of the states charged with power to revise,
alter, and amend the Articles of Confederation. When these deputies met, instead of
confining themselves to the powers with which they were entrusted, they pronounced all
amendments to the Articles of Confederation wholly impracticable; and with a spirit of
amity and concession truly remarkable proceeded to form a government entirely new, and
totally different in its principles and its organization. Instead of a congress whose members
could serve but three years out of sixand then to return to a level with their fellow
citizens; and who were liable at all times, whenever the states might deem it necessary, to
be recalledCongress, by this new constitution, will be composed of a body whose
members during the time they are appointed to serve, can receive no check from their
constituents. Instead of the powers formerly granted to congress of ascertaining each state's
quota of men and moneyto be raised by the legislatures of the different states in such a
mode as they might think propercongress, by this new government, will be invested with
the formidable powers of raising armies, and lending money, totally independent of the
different states. They will moreover, have the power of leading troops among you in order
to suppress those struggles which may sometimes happen among a free people, and which
tyranny will impiously brand with the name of sedition. On one day the state collector will
call on you for your proportion of those taxes which have been laid on you by the general
assembly, where you are fully and adequately represented; on the next will come the
Continental collector to demand from you those taxes which shall be levied by the
continental congress, where the whole state of Virginia will be represented by only ten
men! Thus shall we imprudently confer on so small a number the very important power of
taking our money out of our pockets, and of levying taxes without controla right which
the wisdom of our state constitution will, in vain, have confided to the most numerous
branch of the legislature. Should the sheriff or state collector in any manner aggrieve you
either in person or property, these sacred rights are amply secured by the most solemn
compact. Beside, the arm of government is always at hand to shield you from his injustice
and oppression. But if a Continental collector, in the execution of his office, should invade
your freedom (according to this new government, which has expressly declared itself
paramount to all state laws and constitutions) the state of which you are a citizen will have
no authority to afford you relief. A continental court may, indeed, be established in the
state, and it may be urged that you will find a remedy here; but, my fellow citizens, let me
ask, what protection this will afford you against the insults or rapacity of a continental
officer, when he will have it in his power to appeal to the seat of congress perhaps at
several hundred miles distance, and by this means oblige you to expend hundreds of
pounds in obtaining redress for twenty shillings unjustly extorted? Thus will you be
necessarily compelled either to make a bold effort to extricate yourselves from these
grievous and oppressive extortions, or you will be fatigued by fruitless attempts into the
quiet and peaceable surrender of those rights, for which the blood of your fellow citizens
has been shed in vain. But the latter will, no doubt, be the melancholy fate of a people once
inspired with the love of liberty, as the power vested in congress of sending troops for
suppressing insurrections will always enable them to stifle the first struggles of freedom.
Anti-Federalist No. 9, A Consolidated Government is a Tyranny
17 October 1787
by Montezuma
"MONTEZUMA," regarded as a Pennsylvanian, wrote this essay which showed up in the

Independent Gazetteer on October 17, 1787.
We the Aristocratic party of the United States, lamenting the many inconveniences to
which the late confederation subjected the well-born, the better kind of people, bringing
them down to the level of the rabbleand holding in utter detestation that frontispiece to
every bill of rights, that all men are born equalbeg leave (for the purpose of drawing a
line between such as we think were ordained to govern, and such as were made to bear the
weight of government without having any share in its administration) to submit to our
Friends in the first class for their inspection, the following defense of our monarchical,
aristocratical democracy.
lst. As a majority of all societies consist of men who (though totally incapable of thinking
or acting in governmental matters) are more readily led than driven, we have thought meet
to indulge them in something like a democracy in the new constitution, which part we have
designated by the popular name of the House of Representatives. But to guard against
every possible danger from this lower house, we have subjected every bill they bring
forward, to the double negative of our upper house and president. Nor have we allowed the
populace the right to elect their representatives annually lest this body should be too
much under the influence and control of their constituents, and thereby prove the
"weatherboard of our grand edifice, to show the shiftings of every fashionable gale,"for
we have not yet to learn that little else is wanting to aristocratize the most democratical
representative than to make him somewhat independent of his political creators. We have
taken away that rotation of appointment which has so long perplexed usthat grand
engine of popular influence. Every man is eligible into our government from time to time
for life. This will have a two-fold good effect. First, it prevents the representatives from
mixing with the lower class, and imbibing their foolish sentiments, with which they would
have come charged on re-election.
2nd. They will from the perpetuality of office be under our eye, and in a short time will
think and act like us, independently of popular whims and prejudices. For the assertion
"that evil communications corrupt good manners," is not more true than its reverse. We
have allowed this house the power to impeach, but we have tenaciously reserved the right
to try. We hope gentlemen, you will see the policy of this clausefor what matters it who
accuses, if the accused is tried by his friends. In fine, this plebian house will have little
power, and that little be rightly shaped by our house of gentlemen, who will have a very
extensive influencefrom their being chosen out of the genteeler class It is true, every
third senatorial seat is to be vacated duennually, but two-thirds of this influential body will
remain in office, and be ready to direct or (if necessary) bring over to the good old way, the
young members, if the old ones should not be returned. And whereas many of our brethren,
from a laudable desire to support their rank in life above the commonalty, have not only
deranged their finances, but subjected their persons to indecent treatment (as being arrested
for debt, etc.) we have framed a privilege clause, by which they may laugh at the fools who
trusted them. But we have given out, that this clause was provided, only that the members
might be able without interruption, to deliberate on the important business of their country.
We have frequently endeavored to effect in our respective states, the happy discrimination
which pervades this system; but finding we could not bring the states into it individually,
we have determined and have taken pains to leave the legislature of each free and
independent state, as they now call themselves, in such a situation that they will eventually
be absorbed by our grand continental vortex, or dwindle into petty corporations, and have
power over little else than yoaking hogs or determining the width of cart wheels. But
(aware that an intention to annihilate state legislatures, would be objected to our favorite
scheme) we have made their existence (as a board of electors) necessary to ours. This
furnishes us and our advocates with a fine answer to any clamors that may be raised on this
subject. We have so interwoven continental and state legislatures that they cannot exist
separately; whereas we in truth only leave them the power of electing us, for what can a
provincial legislature do when we possess the exclusive regulation of external and internal
commerce, excise, duties, imposts, post-offices and roads; when we and we alone, have the
power to wage war, make peace, coin money (if we can get bullion) if not, borrow money,
organize the militia and call them forth to execute our decrees, and crush insurrections
assisted by a noble body of veterans subject to our nod, which we have the power of
raising and keeping even in the time of peace. What have we to fear from state legislatures
or even from states, when we are armed with such powers, with a president at our head? (A
name we thought proper to adopt in conformity to the prejudices of a silly people who are
so foolishly fond of a Republican government, that we were obliged to accommodate in
names and forms to them, in order more effectually to secure the substance of our proposed
plan; but we all know that Cromwell was a King, with the title of Protector). I repeat it,
what have we to fear armed with such powers, with a president at our head who is captain-
general of the army, navy and militia of the United States, who can make and unmake
treaties, appoint and commission ambassadors and other ministers, who can grant or refuse
reprieves or pardons, who can make judges of the supreme and other continental courts
in short, who will be the source, the fountain of honor, profit and power, whose influence
like the rays of the sun, will diffuse itself far and wide, will exhale all democratical vapors
and break the clouds of popular insurrection? But again gentlemen, our judicial power is a
strong work, a masked battery, few people see the guns we can and will ere long play off
from it. For the judicial power embraces every question which can arise in law or equity,
under this constitution and under the laws of "the United States" (which laws will be, you
know, the supreme laws of the land). This power extends to all cases, affecting
ambassadors or other public ministers, "and consuls; to all cases of admiralty and maritime
jurisdiction; to controversies to which the United States shall be a party; to controversies
between two or more States; between a State and citizens of another State; between
citizens of different States; between citizens of the same State, claiming lands under grants
of different States; and between a State or the citizens thereof, and foreign States, citizens
or subjects."
Now, can a question arise in the colonial courts, which the ingenuity or sophistry of an
able lawyer may not bring within one or other of the above cases? Certainly not. Then our
court will have original or appellate jurisdiction in all casesand if so, how fallen are state
judicaturesand must not every provincial law yield to our supreme flat? Our constitution
answers yes. And finally we shall entrench ourselves so as to laugh at the cabals of the
commonalty. A few regiments will do at first; it must be spread abroad that they are
absolutely necessary to defend the frontiers. Now a regiment and then a legion must be
added quietly; by and by a frigate or two must be built, still taking care to intimate that
they are essential to the support of our revenue laws and to prevent smuggling. We have
said nothing about a bill of rights, for we viewed it as an eternal clog upon our designs, as
a lock chain to the wheels of governmentthough, by the way, as we have not insisted on
rotation in our offices, the simile of a wheel is ill. We have for some time considered the
freedom of the press as a great evilit spreads information, and begets a licentiousness in
the people which needs the rein more than the spur; besides, a daring printer may expose
the plans of government and lessen the consequence of our president and senatefor these
and many other reasons we have said nothing with respect to the "right of the people to
speak and publish their sentiments" or about their "palladiums of liberty" and such stuff.
We do not much like that sturdy privilege of the peoplethe right to demand the writ of
habeas corpus. We have therefore reserved the power of refusing it in cases of rebellion,
and you know we are the judges of what is rebellion. Our friends we find have been
assiduous in representing our federal calamities, until at length the people at large
frightened by the gloomy picture on one side, and allured by the prophecies of some of our
fanciful and visionary adherents on the otherare ready to accept and confirm our
proposed government without the delay or forms of examinationwhich was the more to
be wished, as they are wholly unfit to investigate the principles or pronounce on the merit
of so exquisite a system. Impressed with a conviction that this constitution is calculated to
restrain the influence and power of the LOWER CLASSto draw that discrimination we
have so long sought after; to secure to our friends privileges and offices, which were not to
be [obtained] under the former government, because they were in common; to take the
burden of legislation and attendance on public business off the commonalty, who will be
much better able thereby to prosecute with effect their private business; to destroy that
political thirteen headed monster, the state sovereignties; to check the licentiousness of the
people by making it dangerous to speak or publish daring or tumultuary sentiments; to
enforce obedience to laws by a strong executive, aided by military pensioners; and finally
to promote the public and private interests of the better kind of peoplewe submit it to
your judgment to take such measures for its adoption as you in your wisdom may think fit.
Signed by unanimous order of the lords spiritual and temporal.
Montezuma
Antifederalist No. 10, On the Preservation of Parties, Public Liberty Depends
By John Francis Mercer, A [Maryland] Farmer
This essay follows a theme similar to Federalist No. 10, and appeared in the Maryland
Gazette and Baltimore Advertiser, March 18, 1788.
The opposite qualities of the first confederation were rather caused by than the cause of
two parties, which from its first existence began and have continued their operations, I
believe, unknown to their country and almost unknown to themselves-as really but few
men have the capacity or resolution to develop the secret causes which influence their daily
conduct. The old Congress was a national government and an union of States, both brought
into one political body, as these opposite powers-I do not mean parties were so exactly
blended and very nearly balanced, like every artificial, operative machine where action is
equal to reaction. It stood perfectly still. It would not move at all. Those who were merely
confederal in their views, were for dividing the public debt. Those who were for national
government, were for increasing of it. Those who thought any national government would
be destructive to the liberties of America . . . assisted those who thought it our only safety-
to put everything as wrong as possible. Requisitions were made, which every body knew it
was impossible to comply with. Either in 82 or 83, ten millions of hard dollars, if not
thirteen, were called into the continental treasury, when there could not be half that sum in
the whole tract of territory between Nova-Scotia and Florida. The States neglected them in
despair. The public honor was tarnished, and our governments abused by their servants and
best friends. In fine, it became a cant word things are not yet bad enough to mend.
However, as [a] great part of the important objects of society were entrusted to this
mongrel species of general government, the sentiment of pushing it forward became
general throughout America, and the late Convention met at Philadelphia under the
uniform impression, that such was the desire of their constituents. But even then the
advantages and disadvantages of national government operated so strongly, although
silently, on each individual, that the conflict was nearly equal. A third or middle opinion,
which always arises in such cases, broke off and took the lead-the national party [thus]
assisted, pursued steadily their object- the federal party dropped off, one by one, and
finally, when the middle party came to view the offspring which they had given birth to,
and in a great measure reared, several of them immediately disowned the child. Such has
been hitherto the progress of party; or rather of the human mind dispassionately
contemplating our separate and relative situation, and aiming at that perfect completion of
social happiness and grandeur, which perhaps can be combined only in ideas. Every
description of men entertain the same wishes (excepting perhaps a few very bad men of
each)-they forever will differ about the mode of accomplishment-and some must be
permitted to doubt the practicability.
As our citizens are now apprized of the progress of parties or political opinions on the
continent, it is fit they should also be informed of the present state, force and designs of
each, in order that they may form their decisions with safety to the public and themselves-
this shall be given with all the precision and impartiality the author is capable of.
America is at present divided into three classes or descriptions of men, and in a few years
there will be but two.
[First]. The first class comprehends all those men of fortune and reputation who stepped
forward in the late revolution, from opposition to the administration, rather than the
government of Great Britain. All those aristocrats whose pride disdains equal law. Many
men of very large fortune, who entertain real or imaginary fears for the security of
property. Those young men, who have sacrificed their time and their talents to public
service, without any prospect of an adequate pecuniary or honorary reward. All your
people of fashion and pleasure who are corrupted by the dissipation of the French, English
and American armies; and a love of European manners and luxury. The public creditors of
the continent, whose interest has been heretofore sacrificed by their friends, in order to
retain their services on this occasion. A large majority of the mercantile people, which is at
present a very unformed and consequently dangerous interest. Our old native merchants
have been almost universally ruined by the receipt of their debts in paper during the war,
and the payment in hard money of what they owed their British correspondents since
peace. Those who are not bankrupts, have generally retired and given place to a set of
young men, who conducting themselves as rashly as ignorantly, have embarrassed their
affairs and lay the blame on the government, and who are really unacquainted with the true
mercantile interest of the country-which is perplexed from circumstances rather temporary
than permanent. The foreign merchants are generally not to be trusted with influence in our
government-- they are most of them birds of passage. Some, perhaps British emissaries
increasing and rejoicing in our political mistakes, and even those who have settled among
us with an intention to fix themselves and their posterity in our soil, have brought with
them more foreign prejudices than wealth. Time must elapse before the mercantile interest
will be so organized as to govern themselves, much less others, with propriety. And lastly,
to this class I suppose we may ultimately add the tory interest, with the exception of very
many respectable characters, who reflect with a gratification mixed with disdain, that those
principles are now become fashionable for which they have been persecuted and hunted
down-which, although by no means so formidable as is generally imagined, is still
considerable. They are at present wavering. They are generally, though with very many
exceptions, openly for the proposed, but secretly against any American government. A
burnt child dreads the fire. But should they see any fair prospect of confusion arise, these
gentry will be off at any moment for these five and twenty years to come. Ultimately,
should the administration promise stability to the new government, they may be counted
on as the Janizaries of power, ready to efface all suspicion by the violence of their zeal.
In general, all these various people would prefer a government, as nearly copied after that
of Great Britain, as our circumstances will permit. Some would strain these circumstances.
Others still retain a deep rooted jealousy of the executive branch and strong republican
prejudices as they are called. Finally, this class contains more aggregate wisdom and moral
virtue than both the other two together. It commands nearly two thirds of the property and
almost one half the numbers of America, and has at present, become almost irresistible
from the name of the truly great and amiable man who it has been said, is disposed to
patronize it, and from the influence which it has over the second class. This [first] class is
nearly at the height of their power; they must decline or moderate, or another revolution
will ensue, for the opinion of America is becoming daily more unfavorable to those radical
changes which high-toned government requires. A conflict would terminate in the

destruction of this class, or the liberties of their country. May the Guardian Angel of
America prevent both!
[Second]. The second class is composed of those descriptions of men who are certainly
more numerous with us than in any other part of the globe. First, those men who are so
wise as to discover that their ancestors and indeed all the rest of mankind were and are
fools. We have a vast overproportion of these great men, who, when you tell them that
from the earliest period at which mankind devoted their attention to social happiness, it has
been their uniform judgment, that a government over governments cannot exist- -that is
two governments operating on the same individual-assume the smile of confidence, and
tell you of two people travelling the same road-of a perfect and precise division of the
duties of the individual. Still, however, the political apothegm is as old as the proverb-That
no man can serve two masters-and whoever will run their noodles against old proverbs will
be sure to break them, however hard they may be. And if they broke only their own, all
would be right; but it is very horrible to reflect that all our numskulls must be cracked in
concert. Second. The trimmers, who from sympathetic indecision are always united with,
and when not regularly employed, always fight under the banners of these great men,
These people are forever at market, and when parties are nearly equally divided, they get
very well paid for their services. Thirdly. The indolent, that is almost every second man of
independent fortune you meet with in America-these are quite easy, and can live under any
government. If men can be said to live, who scarcely breathe; and if breathing was
attended with any bodily exertion, would give up their small portion of life in despair.
These men do not swim with the stream as the trimmers do, but are dragged like mud at the
bottom. As they have no other weight than their tat flesh, they are hardly worth mentioning
when we speak of the sentiments and opinions of America. As this second class never can
include any of the yeomanry of the union, who never affect superior wisdom, and can have
no interests but the public good, it can be only said to exist at the birth of government, and
as soon as the first and third classes become more decided in their views, this will divide
with each and dissipate like a mist, or sink down into what are called moderate men, and
become the tools and instruments of others. These people are prevented by a cloud from
having any view; and if they are not virtuous, they at least preserve the appearance, which
in this world amounts to the same thing.
[Third]. At the head of the third class appear the old rigid republicans, who although few in
number, are still formidable. Reverence will follow these men in spite of detraction, as
long as wisdom and virtue are esteemed among mankind. They are joined by the true
democrats, who are in general fanatics and enthusiasts, and some few sensible, charming
madmen. A decided majority of the yeomanry of America will, for a length of years, be
ready to support these two descriptions of men. But as this last class is forced to act as a
residuary legatee, and receive all the trash and filth, it is in some measure disgraced and its
influence weakened. 3dly. The freebooters and plunderers, who infest all countries and
ours perhaps as little as any other whatever. These men have that natural antipathy to any
kind or sort of government, that a rogue has to a halter. In number they are few indeed such
characters are the offspring of dissipation and want, and there is not that country in the
world where so much real property is shared so equally among so few citizens, for where
property is as easily acquired by fair means, very few indeed will resort to foul. Lastly, by
the poor mob, infoelix pecus!l The property of whoever will feed them and take care of
them-let them be spared. Let the burden of taxation sit lightly on their shoulders. But alas!
This is not their fate. It is here that government forever falls with all its weight. It is here
that the proposed government will press where it should scarcely be felt. . . .
In this [third] class may be counted men of the greatest mental powers and of as sublime
virtue as any in America. They at present command nearly one-third of the property and
above half the numbers of the United States, and in either event they must continue to
increase in influence by great desertions from both the other classes. . . . If the [proposed]
government is not adopted, theirs will be the prevalent opinion. The object of this class
either is or will be purely federal-an union of independent States, not a government of
individuals. And should the proposed federal plan fail, from the obstinacy of those who
will listen to no conditional amendments, although such as they cannot disapprove; or
should it ultimately in its execution upon a fair trial, disappoint the wishes and
expectations of our country-[then] an union purely federal is what the reasonable and
dispassionate patriots of America must bend their views to. My countrymen, preserve your
jealousy-reject suspicion, it is the fiend that destroys public and private happiness. I know
some weak, but very few if any wicked men in public confidence. And learn this most
difficult and necessary lesson: That on the preservation of parties, public liberty depends.
Whenever men are unanimous on great public questions, whenever there is but one party,
freedom ceases and despotism commences. The object of a free and wise people should be
so to balance parties, that from the weakness of all you may be governed by the
moderation of the combined judgments of the whole, not tyrannized over by the blind
passions of a few individuals.
A FARMER
Anti-Federalist No. 11, Unrestricted Power Over Commerce Should Not Be Given the
National Government
Scholars regard James Winthrop of Cambridge, Mass. to be the "Agrippa" who

contributed the series to The Massachusetts Gazette from November 23, 1787 to February
5, 1788. This is a compilation of excerpts from "Agrippa's" letters of December 14, 18, 25,
and 28, 1787, taken from Ford, Essays, pp. 70-73, 76-77, 79-81.
Agrippa VIII (excerpt)
25 December 1787
by James Winthrop, Agrippa
To the People.
It has been proved, by indisputable evidence, that power is not the grand principle of union
among the parts of a very extensive empire; and that when this principle is pushed beyond
the degree necessary for rendering justice between man and man, it debases the character
of individuals, and renders them less secure in their persons and property. Civil liberty
consists in the consciousness of that security, and is best guarded by political liberty,
which is the share that every citizen has in the government. Accordingly all our accounts
agree, that in those empires which are commonly called despotick, and which comprehend
by far the greatest part of the world, the government is most fluctuating, and property least
secure. In those countries insults are borne by the sovereign, which, if offered to one of our
governours, would fill us with horrour, and we should think the government dissolving.
The common conclusion from this reasoning is an exceedingly unfair one, that we must
then separate, and form distinct confederacies. This would be true if there was no principle
to substitute in the room of power. Fortunately there is one. This is commerce. All the
states have local advantages, and in a considerable degree separate interests. They are,
therefore, in a situation to supply each other's wants. Carolina, for instance, is inhabited by
planters, while the Massachusetts is more engaged in commerce and manufactures.
Congress has the power of deciding their differences. The most friendly intercourse may
therefore be established between them. A diversity of produce, wants and interests,
produces commerce, and commerce, where there is a common, equal and moderate
authority to preside, produces friendship.
The same principles apply to the connection with the new settlers in the west. Many
supplies they want, for which they must look to the older settlements, and the greatness of
their crops enables them to make payments. Here, then, we have a bond of union which
applies to all parts of the empire, and would continue to operate if the empire
comprehended all America.
We are now, in the strictest sense of the terms, a federal republick. Each part has within its
own limits the sovereignty over its citizens, while some of the general concerns are
committed to Congress. The complaints of the deficiency of the Congressional powers are
confined to two articles. They are not able to raise a revenue by taxation, and they have not
a complete regulation of the intercourse between us and foreigners. For each of these
complaints there is some foundation, but not enough to justify the clamour which has been
raised.
Agrippa IX (excerpt)
28 December 1787
To the People.
We come now to the second and last article of complaint against the present confederation,
which is, that Congress has not the sole power to regulate the intercourse between us and
foreigners. Such a power extends not only to war and peace, but to trade and naturalization.
This last article ought never to be given them; for though most of the states may be willing
for certain reasons to receive foreigners as citizens, yet reasons of equal weight may induce
other states, differently circumstanced, to keep their blood pure. Pennsylvania has chosen
to receive all that would come there. Let any indifferent person judge whether that state in
point of morals, education, energy is equal to any of the eastern states; the small state of
Rhode-Island only excepted. Pennsylvania in the course of a century has acquired her
present extent and population at the expense of religion and good morals. The eastern
states have, by keeping separate from the foreign mixtures, acquired, their present
greatness in the course of a century and an half, and have preserved their religion and
morals. They have also preserved that manly virtue which is equally fitted for rendering
them respectable in war, and industrious in peace.
The remaining power for peace and trade might perhaps be safely enough lodged with
Congress under some limitations. Three restrictions appear to me to be essentially
necessary to preserve the equality of rights to the states, which it is the object of the state
governments to secure to each citizen, 1st. It ought not to be in the power of Congress
either by treaty or otherwise to alienate part of any state without the consent of the
legislature. 2d. They ought not to be able by treaty or other law to give any legal
preference to one part above another. 3d. They ought to be restrained from creating any
monopolies. Perhaps others may propose different regulations and restrictions. One of
these is to be found in the old confederation, and another in the newly proposed plan. The
third seems to be equally necessary.
Agrippa VI (excerpt)
14 December 1787
The idea of consolidation is further kept up in the right given to regulate trade. Though this
power under certain limitations would be a proper one for the department of Congress; it is
in this system carried much too far, and much farther than is necessary. This is, without
exception, the most commercial state upon the continent. Our extensive coasts, cold
climate, small estates, and equality of rights, with a variety of subordinate and concurring
circumstances, place us in this respect at the head of the union. We must, therefore, be
indulged if a point which so nearly relates to our welfare be rigidly examined. The new
constitution not only prohibits vessels, bound from one state to another, from paying any
duties, but even from entering and clearing. The only use of such a regulation is, to keep
each state in complete ignorance of its own resources. It certainly is no hardship to enter
and clear at the custom house, and the expense is too small to be an object.
The unlimitted right to regulate trade includes the right of granting exclusive charters.
This, in all old countries, is considered as one principal branch of prerogative. We find
hardly a country in Europe which has not felt the ill effects of such a power. Holland has
carried the exercise of it farther than any other state; and the reason why that country has
felt less evil from it is, that the territory is very small, and they have drawn large revenues
from their colonies in the East and West Indies. In this respect, the whole country is to be
considered as a trading company, having exclusive privileges. The colonies are large in
proportion to the parent state; so that, upon the whole, the latter may gain by such a
system. We are also to take into consideration the industry which the genius of a free
government inspires. But in the British islands all these circumstances together have not
prevented them from being injured by the monopolies created there. Individuals have been
enriched, but the country at large has been hurt. Some valuable branches of trade being
granted to companies, who transact their business in London, that city is, perhaps, the
place of the greatest trade in the world. But Ireland, under such influence, suffers
exceedingly, and is impoverished; and Scotland is a mere bye-word. Bristol, the second
city in England, ranks not much above this town in population. These things must be
accounted for by the incorporation of trading companies; and if they are felt so severely in
countries of small extent, they will operate with tenfold severity upon us, who inhabit an
immense tract; and living towards one extreme of an extensive empire, shall feel the evil,
without retaining that influence in government, which may enable us to procure redress.
There ought, then, to have been inserted a restraining clause which might prevent the
Congress from making any such grant, because they consequentially defeat the trade of the
out-ports, and are also injurious to the general commerce, by enhancing prices and
destroying that rivalship which is the great stimulus to industry.
Agrippa VII (excerpt)
18 December 1787
To the People.
There cannot be a doubt, that, while the trade of this continent remains free, the activity of
our countrymen will secure their full share. All the estimates for the present year, let them
be made by what party they may, suppose the balance of trade to be largely in our favour.
The credit of our merchants is, therefore, fully established in foreign countries. This is a
sufficient proof, that when business is unshackled, it will find out that channel which is
most friendly to its course. We ought, therefore, to be exceedingly cautious about diverting
or restraining it. Every day produces fresh proofs, that people, under the immediate
pressure of difficulties, do not, at first glance, discover the proper relief. The last year, a
desire to get rid of embarrassments induced many honest people to agree to a tender-act,
and many others, of a different description, to obstruct the courts of justice. Both these
methods only increased the evil they were intended to cure. Experience has since shewn,
that, instead of trying to lessen an evil by altering the present course of things, every
endeavour should have been applied to facilitate the course of law, and thus to encourage a
mutual confidence among the citizens, which increases the resources of them all, and
renders easy the payment of debts. By this means one does not grow rich at the expense of
another, but all are benefited. The case is the same with the states. Pennsylvania, with one
port and a large territory, is less favourably situated for trade than the Massachusetts,
which has an extensive coast in proportion to its limits of jurisdiction. Accordingly a much
larger proportion of our people are engaged in maritime affairs. We ought therefore to be
particularly attentive to securing so great an interest. It is vain to tell us that we ought to
overlook local interests. It is only by protecting local concerns, that the interest of the
whole is preserved. No man when he enters into society, does it from a view to promote
the good of others, but he does it for his own good. All men having the same view are
bound equally to promote the welfare of the whole. To recur then to such a principle as that
local interests must be disregarded, is requiring of one man to do more than another, and is
subverting the foundation of a free government. The Philadelphians would be shocked with
a proposition to place the seat of general government and the unlimited right to regulate
trade in the Massachusetts. There can be no greater reason for our surrendering the
preference to them. Such sacrifices, however we may delude ourselves with the form of
words, always originate in folly, and not in generosity.
Anti-Federalist No. 12, How Will the New Government Raise Money?
Abstract
"CINCINNATUS" is an Antifederalist writer. In this essay, from an Address to a Meeting

of the Citizens of Philadelphia, Cincinnatus responds to James Wilson's statements about
Congress' powers to tax under the Constitution. It appeared in the November 29 and
December 6, 1787, New-York Journal, as reprinted from a Philadelphia newspaper.
by Cincinnatus
On the subject of taxation, in which powers are to be given so largely by the new
constitution, you [James Wilson of Pennsylvania] lull our fears of abuse by venturing to
predict "that the great revenue of the United States must, and always will, be raised by
impost"and you elevate our hopes by holding out, "the reviving and supporting the
national credit." If you have any other plan for this, than by raising money upon the people
to pay the interest of the national debt, your ingenuity will deserve our thanks. Supposing
however, that raising money is necessary to payment of the interest, and such a payment
[is] requisite to support the credit of the unionlet us see how much will be necessary for
that end, and how far the impost will supply what we want. The arrearages of French and
Spanish interest amount now to1,500,000 dollars; Interest and installments of do. for
1788850,227; Support of government; and its departments, for 1788500,000; Arrears
and anticipations of 1787300,000; Interest of domestic debt500,000 {total} 4,650,227
[3,650,227]
The new Congress then, supposing it to get into operation towards October, 1788, will
have to provide for this sum, and for the additional sum of 3,000,000 at least for the
ensuing year; which together will make the sum of 7,650,227 [6,650,227].
Now let us see how the impost will answer this. Congress have furnished us with their
estimate of the produce of the whole imports of America at five per cent and that is
800,000 dollars. There will remain to provide for, by other taxes, 6,850,227 [5,850,227].
We know too, that our imports diminish yearly, and from the nature of things must
continue to diminish; and consequently that the above estimate of the produce of the
impost, will in all probability fall much short of the supposed sum. But even without this, it
must appear that you [were] either intentionally misleading your hearers, or [were] very
little acquainted with the subject when you ventured to predict that the great revenue of the
United States would always flow from the impost. The estimate above is from the
publications of Congress, and I presume is right. But the sum stated, necessary to be raised
by the new government, in order to answer the expectations they have raised, is not all.
The state debts, independent of what each owes to the United States, amount to about
30,000,000 dollars; the annual interest of this is 1,000,000.
It will be expected that the new government will provide for this also; and such expectation
is founded, not only on the promise you hold forth, of its reviving and supporting public
credit among us, but also on this unavoidable principle of justicethat is, the new
government takes away the impost, and other substantial taxes, from the produce of which
the several states paid the interest of their debt, or funded the paper with which they paid it.
The new government must find ways and means of supplying that deficiency, . . . in hard
money, for paper cannot [be used] without a violation of the principles it boasts. The
sum then which it must annually raise in specie, after the first year, cannot be less than
4,800,000. At present there is not one half of this sum in specie raised in all the states. And
yet the complaints of intolerable taxes has produced one rebellion and will be mainly
operative in the adoption of your constitution. How you will get this sum is inconceivable
and yet get it you must, or lose all credit. With magnificent promises you have bought
golden opinions of all sorts of people, and with gold you must answer them,
To satisfy [our fellow citizens] more fully on the subject of the revenue, that is to be raised
upon them, in order to give enormous fortunes to the jobbers in public securities, I shall lay
before them a proposition to Congress, from Mr. Robert Morris, when superintendent of
finance. It is dated, I think,' the 29th of June, 1782, and is in these words:
[1 say, I think, because by accident the month is erased in the note I have, and I have not
access to public papers which would enable me to supply the defect.]
"The requisition of a five per cent impost, made on the 3d of February, 1781, has not yet
been complied with by the state of Rhode Island, but as there is reason to believe, that their
compliance is not far off, this revenue may be considered as already granted. It will,
however, be very inadequate to the purposes intended. If goods be imported, and prizes
introduced to the amount of twelve millions annually, the five per cent would be six
hundred thousand, from which at least one sixth must be deducted, as well for the cost of
collection as for the various defalcations which will necessarily happen, and which it is
unnecessary to enumerate. It is not safe therefore, to estimate this revenue at more than
half a million of dollars; for though it may produce more, yet probably it will not produce
so much. It was in consequence of this, that on the 27th day of February last, I took the
liberty to submit the propriety of asking the states for a land tax of one dollar for every
hundred acres of landa poll-tax of one dollar on all freemen, and all male slaves,
between sixteen and sixty, excepting such as are in the federal army, or by wounds or
otherwise rendered unfit for serviceand an excise of one eighth of a dollar, on all
distilled spiritous liquors. Each of these may be estimated at half a million; and should the
product be equal to the estimation, the sum total of revenues for funding the public debts,
would be equal to two millions."
You will readily perceive, Mr. Wilson, that there is a vast difference between your
prediction and your friend's proposition. Give me leave to say, sir, that it was not discreet,
in you, to speak upon finance without instructions from this great financier. Since,
independent of its delusive effect upon your audience, it may excite his jealousy, lest you
should have a secret design of rivalling him in the expected office of superintendent under
the new constitution. It is true, there is no real foundation for it; but then you know
jealousy makes the food it feeds on. A quarrel between two such able and honest friends to
the United States, would, I am persuaded, be felt as a public calamity. I beseech you then
to be very tender upon this point in your next harangue. And if four months' study will not
furnish you with sufficient discretion, we will indulge you with six.
It may be said, that let the government be what it may, the sums I have stated must be
raised, and the same difficulties exist. This is not altogether true. For first, we are now in
the way of paying the interest of the domestic debt, with paper, which under the new
system is utterly reprobated. This makes a difference between the specie to be raised of
1,800,000 dollars per annum. If the new government raises this sum in specie on the
people, it will certainly support public credit, but it will overwhelm the people. It will give
immense fortunes to the speculators; but it will grind the poor to dust. Besides, the present
government is now redeeming the principal of the domestic debt by the sale of western
lands. But let the full interest be paid in specie, and who will part with the principal for
those lands? A principal, which having been generally purchased for two shillings and six
pence on the pound, will yield to the holders two hundred and forty per cent. This paper
system therefore, though in general an evil, is in this instance attended with the great
benefit of enabling the public to cancel a debt upon easy terms, which has been swelled to
its enormous size, by as enormous impositions. And the new government, by promising
too much, will involve itself in a disreputable breach of faith.
The present government promises nothing; the intended government, everything. From the
present government little is expected; from the intended one, much. Because it is
conceived that to the latter much is given; to the former, little. And yet the inability of the
people to pay what is required in specie, remaining the same, the funds of the one will not
much exceed those of the other. The public creditors are easy with the present government
from a conviction of its inability [to pay]. They will be urgent with the new one from an
opinion, that as is promised, so it can and will perform every thing. Whether the change
will be for our prosperity and honor, is yet to be tried. Perhaps it will be found, that the
supposed want of power in Congress to levy taxes is, at present a veil happily thrown over
the inability of the people; and that the large powers given to the new government will, to
every one, expose the nakedness of our land. Certain it is, that if the expectations which are
grafted on the gift of those plenary powers, are not answered, our credit will be
irretrievably ruined.
CINCINNATUS
Anti-Federalist No. 13, The Expense of the New Government
Part 1: From The Freeman's Oracle and New Hampshire Advertiser, January 11, 1788, by
"A FARMER"
Part 2: An unsigned essay from The Connecticut Journal, October 17, 1787.
by A Farmer
. Great complaint has been made, that Congress [under the Articles] has been too liberal
in their grants of salaries to individuals, and I think not without just cause. For if I am
rightly informed, there have been men whose salaries have been fifteen hundred dollars per
year, and some of them did not do business at any rate, that the sum they negotiated would
amount to their yearly salary. And some men [are] now in office, at twenty five hundred
dollars per year, who I think would have been glad to have set down at one hundred
pounds a year before the war, and would have done as much or more business. The truth is,
when you carry a man's salary beyond what decency requires, he immediately becomes a
man of consequence, and does little or no business at all. Let us cast our eyes around us, in
the other departmentsthe judges of the superior court have but about one hundred
pounds salary a year. The judges of the courts of common pleas, on an average, not more
than sixty dollars per year. The ministers of the gospela very valuable set of men, who
have done honor to themselves, and rendered great service to their country, in completing
the revolutionhave salaries but from sixty to an hundred pounds a year in general. The
contrast is striking. I heartily wish that all ranks of men among us, ministers of the gospel
as well as others, would turn their attention toward the Constitution they may be more
concerned in the event than they at present think of.
Rouse up, my friends, a matter of infinite importance is before you on the carpet, soon to
be decided in your convention: The New Constitution. Seize the happy moment. Secure to
yourselves and your posterity the jewel Liberty, which has cost you so much blood and
treasure, by a well regulated Bill of Rights, from the encroachments of men in power. For
if Congress will do these things in the dry tree when their power is small, what won't they
do when they have all the resources of the United States at their command? They are the
servants of the public. You have an undoubted right to set their wages, or at least to say,
thus far you and those under you may go and no further. This would in the end ease
Congress of a great deal of trouble, as it would put a stop to the impertinence of
individuals in asking large salaries. I would say that the wages of a Representative in
Congress do not exceed five dollars per day; a Senator not to exceed six; and the President
seven per day, with an allowance for his table. And that the wages of no person employed
in the United States exceed the daily pay of a Representative in Congress, but be paid
according to their service, not exceeding that sum. Perhaps it may be said that money may
depreciate, or appreciate. Let a price current be taken when this Constitution is completed,
of the produce of each state, and let that be the general standard.
My friends and countrymen, let us pause for a moment and consider. We are not driven to
such great straits as to be obliged to swallow down every potion offered us by wholesale,
or else die immediately by our disease. We can form a Constitution at our leisure; and
guard and secure it on all sides. We are paying off our state debt, and the interest on the
domestic, as fast as Congress call upon us for it. As to the foreign debt, they have the
promise of more interest from us than they can get anywhere else, and we shall be able to
pay them both interest and principal shortly. But it is said they win declare war against us
if we don't pay them immediately. Common sense will teach them better. We live at too
great a distance, and are too hardy and robust a people, for them to make money out of us
in that way.
But it is said, the trading towns are fond of this Constitution. Let us consider how they
stand, including their interest.
lst. The merchant wishes to have it adopted, that trade might be regulated. 2dly. Another
set of men wishes to have it adopted, that the idea of paper money might be annihilated.
3dly. Another class of men wish to have it take place, that the public might be enabled to
pay off the foreign debt, and appear respectable abroad among the nations. So do I, with all
my heart. But in neither of these cases do I wish to see it adopted without being guarded on
all sides with a Magna Charta, or a Bill of Rights, as a bulwark to our liberties. Again,
another class of men wish to have it adopted, so that the public chest might be furnished
with money to pay the interest on their securities, which they purchased of the poor
soldiers at two shillings on the pound. I wish the soldiers were now the holders of those
securites they fought so hard for. However, as the public finances were such that they
could not be paid off as they became due, and they have carried them to market, and sold
them as the boy did his topwe must pay them to the holders. But we need not be in a
hurry about it; certificates will do for that. Consider, my friends, you are the persons who
must live and die by this Constitution. A merchant or mechanic may dispose of his goods,
or pack them up in trunks and remove to another clime in the course of a few months. But
you cannot shoulder your lands, or dispose of them when you please. It therefore behooves
you to rouse up, and turn your most serious and critical attention to this Constitution.
A FARMER
The Expense of the New Government
An unsigned essay from The Connecticut Journal, October 17, 1787.
. . A large representation has ever been esteemed by the best whigs in Great Britain the
best barrier against bribery and corruption. And yet we find a British king, having the
disposition of all places, civil and military, and an immense revenue SQUEEZED out of
the very mouths of his wretched subjects, is able to corrupt the parliament, to vote him any
supplies he demands, to support armies, to defend the prerogatives of his crown, and carry
fire and sword by his fleets and armies; to desolate whole provinces in the eastern world, to
aggrandize himself, and satisfy the avarice of his tyrannical subjects.
No wonder our American ambassador, struck with the brilliancy of the British court [John
Adams], where everything around St. James's wears the appearance of wealth, ease and
plenty, should imagine a three branched legislature only can produce these effects, and
make the subjects happy, should write a book in favor of such a government, and send it
over for the illumination of this western world. If this is the sole fruit of his embassy,
America will not canonize him for a saint on account of his services, when they have
experienced the consequences of such a kind of government as be has planned out. In order
to have formed a right judgment, he should have looked into the ditches which serve for
graves for many of the human race-under hedges which serve as dreary habitations for the
living; into the cottages of the poor and miserable, and critically examine with how much
parsimony the mechanics, the day laborers, cottagers and villagers live in order to support
their high pampered lords-before he had wrote a book to persuade his country to pursue the
same road to greatness, splendor and glory, and have reflected in his own mind, whether he
could wish to see that country which gave him birth reduced to the same situation....
Now I submit it to the good sense of the people of these states, whether it is prudent we
should make so liberal and extensive a grant of power and property to any body of men in
these United States, before they have ever informed the public, the amount of the public
debt, or what the annual expenses of the federal government is, or will be. It is now almost
five years since the peace. Congress has employed thirteen commissioners, at 1500 dollars
per annum, as I am informed, to settle the public accounts, and we know now no more
what the national debt is, than at the first moment of their appointment. Nor do we know
any more what is the amount of the annual expenses of the federal government, than we do
of the empire of China. To grant therefore such an ample power of taxation, and the right
of soil, to the amount of millions, upon the recommendation of this honorable Convention,
without either knowing the amount of the national debt, or the annual expenses of
government, would not argue, in my opinion, the highest degree of prudence.
Anti-Federalist No. 14, Extent of Territory under Consolidated Government Too Large to
Preserve Liberty or Protect Property (Cato essay No. III)
25 October 1787
by George Clinton, Cato
George Clinton, Governor of New York, was an adversary of the Constitution. He is

believed to have composed several letters under the nome de plume "CATO." This essay is
from the third letter of "Cato," The New-York Journal of October 25, 1787.
To the Citizens of the State of New York,
In the close of my last introductory address, I told you that my object in the future would
be to take up this new form of national government, to compare it with the experience and
opinions of the most sensible an approved political authors, and to show you that its
principles, and the exercise of them, will be dangerous to your liberty and happiness
Although I am conscious that this is an arduous undertaking, yet I will perform it to the
best of my ability.
The freedom, equality and independence which you enjoyed by nature, induced you to
consent to a political power. The same principles led you to examine the error and vices of
a British superintendence, to divest yourselves of it, and to reassume a new political shape.
It is acknowledged that there are defect in this, and another is tendered to you for
acceptance; the great question then, that arises on this new political principle, is, whether it
will answer the ends for which it is said to be offered to you, and for which all men engage
in political society, to wit, the preservation of lives, liberties, and estates.
The recital, or premises on which the new form of government is erected, declares a
consolidation or union of all the thirteen parts, or states, into one great whole, under the
form of the United States, for all the various and important purposes therein set forth. But
whoever seriously considers the immense extent of territory comprehended within the
limits of the United States, together with the variety of its climates, productions, and
commerce, the difference of extent, and number of inhabitants in all; the dissimilitude of
interest, morals, and politics, in almost every one, will receive it as an intuitive truth, that a
consolidated republican form of government therein, can never form a perfect union,
establish justice, insure domestic tranquility, promote the general welfare, and secure the
blessings of liberty to you and your posterity, for to these objects it must be directed. This
unkindred legislature therefore, composed of interests opposite and dissimilar in their
nature, will in its exercise, emphatically be like a house divided against itself.
The governments of Europe have taken their limits and form from adventitious
circumstances, and nothing can be argued on the motive of agreement from them; but these
adventitious political principles have nevertheless produced effects that have attracted the
attention of philosophy, which have established axioms in the science of politics
therefrom, as irrefragable as any in Euclid. It is natural, says Montesquieu, to a republic to
have only a small territory, otherwise it cannot long subsist: in a large one, there are men
of large fortunes, and consequently of less moderation; there are too great deposits to trust
in the hands of a single subject, an ambitious person soon becomes sensible that he may be
happy, great, and glorious by oppressing his fellow citizens, and that he might raise
himself to grandeur, on the ruins of his country. In large republics, the public good is
sacrificed to a thousand views, in a small one, the interest of the public is easily perceived,
better understood, and more within the reach of every citizen; abuses have a less extent,
and of course are less protected. He also shows you, that the duration of the republic of
Sparta was owing to its having continued with the same extent of territory after all its wars;
and that the ambition of Athens and Lacedemon to command and direct the union, lost
them their liberties, and gave them a monarchy.
From this picture, what can you promise yourselves, on the score of consolidation of the
United States into one government? Impracticability in the just exercise of it, your freedom
insecure, even this form of government limited in its continuance, the employments of
your country disposed of to the opulent, to whose contumely you will continually be an
object. You must risk much, by indispensably placing trusts of the greatest magnitude, into
the hands of individuals whose ambition for power, and aggrandizement, will oppress and
grind you. Where, from the vast extent of your territory, and the complication of interests,
the science of government will become intricate and perplexed, and too mysterious for you
to understand and observe; and by which you are to be conducted into a monarchy, either
limited or despotic; the latter, Mr. Locke remarks, is a government derived from neither
nature nor compact.
Political liberty, the great Montesquieu again observes, consists in security, or at least in
the opinion we have of security; and this security, therefore, or the opinion, is best
obtained in moderate governments, where the mildness of the laws, and the equality of the
manners, beget a confidence in the people, which produces this security, or the opinion.
This moderation in governments depends in a great measure on their limits, connected with
their political distribution.
The extent of many of the states of the Union, is at this time almost too great for the
superintendence of a republican form of government, and must one day or other revolve
into more vigorous ones, or by separation be reduced into smaller and more useful, as well
as moderate ones. You have already observed the feeble efforts of Massachusetts against
their insurgents; with what difficulty did they quell that insurrection; and is not the
province of Maine at this moment on the eve of separation from her? The reason of these
things is, that for the security of the property of the community-in which expressive term
Mr. Locke makes life, liberty, and estate, to consist the wheels of a republic are necessarily
slow in their operation. Hence, in large free republics, the evil sometimes is not only
begun, but almost completed, before they are in a situation to turn the current into a
contrary progression. The extremes are also too remote from the usual seat of government,
and the laws, therefore, too feeble to afford protection to all its parts, and insure domestic
tranquility without the aid of another principle. If, therefore, this state [New York], and
that of North Carolina, had an army under their control, they never would have lost
Vermont, and Frankland, nor the state of Massachusetts suffered an insurrection, or the
dismemberment of her fairest district; but the exercise of a principle which would have
prevented these things, if we may believe the experience of ages, would have ended in the
destruction of their liberties.
Will this consolidated republic, if established, in its exercise beget such confidence and
compliance, among the citizens of these states, as to do without the aid of a standing army?
I deny that it will. The malcontents in each state, who will not be a few, nor the least
important, will be exciting factions against it. The fear of a dismemberment of some of its
parts, and the necessity to enforce the execution Of revenue laws (a fruitful source of
oppression) on the extremes and in the other districts of the government, will incidentally
and necessarily require a permanent force, to be kept on foot. Will not political security,
and even the opinion of it, be extinguished? Can mildness and moderation exist in a
government where the primary incident in its exercise must be force? Will not violence
destroy confidence, and can equality subsist where the extent, policy, and practice of it will
naturally lead to make odious distinctions among citizens?
The people who may compose this national legislature from the southern states, in which,
from the mildness of the climate, the fertility of the soil, and the value of its productions,
wealth is rapidly acquired, and where the same causes naturally lead to luxury, dissipation,
and a passion for aristocratic distinction; where slavery is encouraged, and liberty of course
less respected and protected; who know not what it is to acquire property by their own toil,
nor to economize with the savings of industrywill these men, therefore, be as tenacious
of the liberties and interests of the more northern states, where freedom, independence,
industry, equality and frugality are natural to the climate and soil, as men who are your
own citizens, legislating in your own state, under your inspection, and whose manners and
fortunes bear a more equal resemblance to your own?
It may be suggested, in answer to this, that whoever is a citizen of one state is a citizen of
each, and that therefore he will be as interested in the happiness and interest of all, as the
one he is delegated from. But the argument is fallacious, and, whoever has attended to the
history of mankind, and the principles which bind them together as parents, citizens, or
men, will readily perceive it. These principles are, in their exercise, like a pebble cast on
the calm surface of a riverthe circles begin in the center, and are small, active and
forcible, but as they depart from that point, they lose their force, and vanish into calmness.
The strongest principle of union resides within our domestic walls. The ties of the parent
exceed that of any other. As we depart from home, the next general principle of union is
amongst citizens of the same state, where acquaintance, habits, and fortunes, nourish
affection, and attachment. Enlarge the circle still further, and, as citizens of different states,
though we acknowledge the same national denomination, we lose in the ties of
acquaintance, habits, and fortunes, and thus by degrees we lessen in our attachments, till, at
length, we no more than acknowledge a sameness of species. Is it, therefore, from certainty
like this, reasonable to believe, that inhabitants of Georgia, or New Hampshire, will have
the same obligations towards you as your own, and preside over your lives, liberties, and
property, with the same care and attachment? Intuitive reason answers in the negative.
In the course of my examination of the principles of the consolidation of the states into one
general government, many other reasons against it have occurred, but I flatter myself, from
those herein offered to your consideration, I have convinced you that it is both
presumptuous and impracticable, consistent with your safety. To detain you with further
remarks would be useless. I shall, however, continue in my following numbers to analyse
this new government, pursuant to my promise.
Anti-Federalist No. 15, Rhode Island is Right!
This essay appeared in The Massachusetts Gazette, December 7, 1787, as reprinted From
The Freeman's Journal; (Or, The North-American Intelligencer?)
7 December 1787
by (Unsigned)
The abuse which has been thrown upon the state of Rhode Island seems to be greatly
unmerited. Popular favor is variable, and those who are now despised and insulted may
soon change situations with the present idols of the people. Rhode Island has out done
even Pennsylvania in the glorious work of freeing the Negroes in this country, without
which the patriotism of some states appears ridiculous. The General Assembly of the state
of Rhode Island has prevented the further importation of Negroes, and have made a law by
which all blacks born in that state after March, 1784, are absolutely and at once free.
They have fully complied with the recommendations of Congress in regard to the late
treaty of peace with Great Britain, and have passed an act declaring it to be the law of the
land. They have never refused their quota of taxes demanded by Congress, excepting the
five per cent impost, which they considered as a dangerous tax, and for which at present
there is perhaps no great necessity, as the western territory, of which a part has very lately
been sold at a considerable price, may soon produce an immense revenue; and, in the
interim, Congress may raise in the old manner the taxes which shall be found necessary for
the support of the government.
The state of Rhode Island refused to send delegates to the Federal Convention, and the
event has manifested that their refusal was a happy one as the new constitution, which the
Convention has proposed to us, is an elective monarchy, which is proverbially the worst
government. This new government would have been supported at a vast expense, by which
our taxesthe right of which is solely vested in Congress, (a circumstance which
manifests that the various states of the union will be merely corporations)would be
doubled or trebled. The liberty of the press is not stipulated for, and therefore may be
invaded at pleasure. The supreme continental court is to have, almost in every case,
"appellate jurisdiction, both as to law and fact," which signifies, if there is any meaning in
words, the setting aside the trial by jury. Congress will have the power of guaranteeing to
every state a right to import Negroes for twenty one years, by which some of the states,
who have now declined that iniquitous traffic, may re-enter into itfor the private laws of
every state are to submit to the superior jurisdiction of Congress. A standing army is to be
kept on foot, by which the vicious, the sycophantick, and the time-serving will be exalted,
and the brave, the patriotic, and the virtuous will be depressed.
The writer, therefore, thinks it the part of wisdom to abide, like the state of Rhode Island,
by the old articles of confederation, which, if re-examined with attention, we shall find
worthy of great regard; that we should give high praise to the manly and public spirited
sixteen members, who lately seceded from our house of Assembly [in Pennsylvania]; and
that we should all impress with great care, this truth on our mindsThat it is very easy to
change a free government into an arbitrary one, but that it is very difficult to convert
tyranny into freedom.
Anti-Federalist No. 16, Europeans Admire and Federalists Decry the Present System
"ALFRED" defended the Articles of Confederation, taken from The New-York Journal,
December 25, 1787 as reprinted from the [Philadelphia] Independent Gazetteer.
15 December 1787
by Alfred
To the real PATRIOTS of America: America is now free. She now enjoys a greater
portion of political liberty than any other country under heaven. How long she may
continue so depends entirely upon her own caution and wisdom. If she would look to
herself more, and to Europe less, I am persuaded it would tend to promote her felicity. She
possesses all the advantages which characterize a rich countryrich within herself, she
ought less to regard the politics, the manufactures, and the interests of distant nations.
When I look to our situationclimate, extent, soil, and its productions, rivers, ports; when
I find I can at this time purchase grain, bread, meat, and other necessaries of life at as
reasonable a rate as in any country; when I see we are sending great quantities of tobacco,
wheat and flour to England and other parts of the globe beyond the Atlantic; when I get on
the other side of the western mountains, and see an extensive country, which for its
multitude of rivers and fertility of soil is equal, if not superior, to any other whatever when
I see these things, I cannot be brought to believe that America is in that deplorable ruined
condition which some designing politicians represent; or that we are in a state of anarchy
beyond redemption, unless we adopt, without any addition or amendment, the new
constitution proposed by the late convention; a constitution which, in my humble opinion,
contains the seeds and scions of slavery and despotism. When the volume of American
constitutions [by John Adams] first made its appearance in Europe, we find some of the
most eminent political writers of the present age, and the reviewers of literature, full of
admiration and declaring they had never before seen so much good sense, freedom, and
real wisdom in one publication. Our good friend Dr. [Richard] Price was charmed, and
almost prophesied the near approach of the happy days of the millennium. We have lived
under these constitutions; and, after the experience of a few years, some among us are
ready to trample them under their feet, though they have been esteemed, even by our
enemies, as pearls of great price.
Let us not, ye lovers of freedom, be rash and hasty. Perhaps the real evils we labor under
do not arise from these systems. There may be other causes to which our misfortunes may
be properly attributed. Read the American constitutions, and you will find our essential
rights and privileges well guarded and secured. May not our manners be the source of our
national evils? May not our attachment to foreign trade increase them? Have we not acted
imprudently in exporting almost all our gold and silver for foreign luxuries? It is now
acknowledged that we have not a sufficient quantity of the precious metals to answer the
various purposes of government and commerce; and without a breach of charity, it may be
said, that this deficiency arises from the want of public virtue, in preferring private interest
to every other consideration.
If the states had in any tolerable degree been able to answer the requisitions of Congress
if the continental treasury had been so far assisted, as to have enabled us to pay the interest
of our foreign debtpossibly we should have heard little, very little about a new system of
government. It is a just observation that in modern times money does everything. If a
government can command this unum necessarium from a certain revenue, it may be
considered as wealthy and respectable; if not, it will lose its dignity, become inefficient
and contemptible. But cannot we regulate our finances and lay the foundations for a
permanent and certain revenue, without undoing all that we have done, without making an
entire new government? The most wise and philosophic characters have bestowed on our
old systems the highest encomiums. Are we sure this new political phenomenon will not
fail? If it should fail, is there not a great probability, that our last state will be worse than
the first? Orators may declaim on the badness of the times as long as they please, but I
must tell them that the want of public virtue, and the want of money, are two of the
principal sources of our grievances; and if we are under the pressure of these wants, it
ought to teach us frugalityto adopt a frugal administration of public affairs.
ALFRED
Anti-Federalist No. 1, Federalist Power Will Ultimately Subvert State Authority (Brutus
essay No. I)
18 October 1787
The "necessary and proper" clause has, from the beginning, been a thorn in the side of
those seeking to reduce federal power, but its attack by Brutus served to call attention to it,
leaving a paper trail of intent verifying its purpose was not to give Congress anything the
Constitution "forgot," but rather to show two additional tests for any legislation Congress
should attempt: to witthat the intended actions would be both necessary AND proper to
executing powers given under clauses 1-17 of Article I Section 8.
by Robert Yates, Brutus
To the Citizens of the State of New-York.
When the public is called to investigate and decide upon a question in which not only the
present members of the community are deeply interested, but upon which the happiness
and misery of generations yet unborn is in great measure suspended, the benevolent mind
cannot help feeling itself peculiarly interested in the result.
In this situation, I trust the feeble efforts of an individual, to lead the minds of the people to
a wise and prudent determination, cannot fail of being acceptable to the candid and
dispassionate part of the community. Encouraged by this consideration, I have been
induced to offer my thoughts upon the present important crisis of our public affairs.
Perhaps this country never saw so critical a period in their political concerns. We have felt
the feebleness of the ties by which these United-States are held together, and the want of
sufficient energy in our present confederation, to manage, in some instances, our general
concerns. Various expedients have been proposed to remedy these evils, but none have
succeeded. At length a Convention of the states has been assembled, they have formed a
constitution which will now, probably, be submitted to the people to ratify or reject, who
are the fountain of all power, to whom alone it of right belongs to make or unmake
constitutions, or forms of government, at their pleasure. The most important question that
was ever proposed to your decision, or to the decision of any people under heaven, is
before you, and you are to decide upon it by men of your own election, chosen specially
for this purpose. If the constitution, offered to your acceptance, be a wise one, calculated to
preserve the invaluable blessings of liberty, to secure the inestimable rights of mankind,
and promote human happiness, then, if you accept it, you will lay a lasting foundation of
happiness for millions yet unborn; generations to come will rise up and call you blessed.
You may rejoice in the prospects of this vast extended continent becoming filled with
freemen, who will assert the dignity of human nature. You may solace yourselves with the
idea, that society, in this favoured land, will fast advance to the highest point of perfection;
the human mind will expand in knowledge and virtue, and the golden age be, in some
measure, realised. But if, on the other hand, this form of government contains principles
that will lead to the subversion of libertyif it tends to establish a despotism, or, what is
worse, a tyrannic aristocracy; then, if you adopt it, this only remaining assylum for liberty
will be shut up, and posterity will execrate your memory.
Momentous then is the question you have to determine, and you are called upon by every
motive which should influence a noble and virtuous mind, to examine it well, and to make
up a wise judgment. It is insisted, indeed, that this constitution must be received, be it ever
so imperfect. If it has its defects, it is said, they can be best amended when they are
experienced. But remember, when the people once part with power, they can seldom or
never resume it again but by force. Many instances can be produced in which the people
have voluntarily increased the powers of their rulers; but few, if any, in which rulers have
willingly abridged their authority. This is a sufficient reason to induce you to be careful, in
the first instance, how you deposit the powers of government.
With these few introductory remarks, I shall proceed to a consideration of this constitution:
The first question that presents itself on the subject is, whether a confederated government
be the best for the United States or not? Or in other words, whether the thirteen United
States should be reduced to one great republic, governed by one legislature, and under the
direction of one executive and judicial; or whether they should continue thirteen
confederated republics, under the direction and controul of a supreme federal head for
certain defined national purposes only?
This enquiry is important, because, although the government reported by the convention
does not go to a perfect and entire consolidation, yet it approaches so near to it, that it
must, if executed, certainly and infallibly terminate in it.
This government is to possess absolute and uncontroulable power, legislative, executive

and judicial, with respect to every object to which it extends, for by the last clause of
section 8th, article 1st, it is declared "that the Congress shall have power to make all laws
which shall be necessary and proper for carrying into execution the foregoing powers, and
all other powers vested by this constitution, in the government of the United States; or in
any department or office thereof." And by the 6th article, it is declared "that this
constitution, and the laws of the United States, which shall be made in pursuance thereof,
and the treaties made, or which shall be made, 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,
any thing in the constitution, or law of any state to the contrary notwithstanding." It
appears from these articles that there is no need of any intervention of the state
governments, between the Congress and the people, to execute any one power vested in the
general government, and that the constitution and laws of every state are nullified and
declared void, so far as they are or shall be inconsistent with this constitution, or the laws
made in pursuance of it, or with treaties made under the authority of the United States.
The government then, so far as it extends, is a complete one, and not a confederation. It is
as much one complete government as that of New-York or Massachusetts, has as absolute
and perfect powers to make and execute all laws, to appoint officers, institute courts,
declare offences, and annex penalties, with respect to every object to which it extends, as
any other in the world. So far therefore as its powers reach, all ideas of confederation are
given up and lost. It is true this government is limited to certain objects, or to speak more
properly, some small degree of power is still left to the states, but a little attention to the
powers vested in the general government, will convince every candid man, that if it is
capable of being executed, all that is reserved for the individual states must very soon be
annihilated, except so far as they are barely necessary to the organization of the general
government. The powers of the general legislature extend to every case that is of the least
importancethere is nothing valuable to human nature, nothing dear to freemen, but what
is within its power. It has authority to make laws which will affect the lives, the liberty,
and property of every man in the United States; nor can the constitution or laws of any
state, in any way prevent or impede the full and complete execution of every power given.
The legislative power is competent to lay taxes, duties, imposts, and excises;there is no
limitation to this power, unless it be said that the clause which directs the use to which
those taxes, and duties shall be applied, may be said to be a limitation: but this is no
restriction of the power at all, for by this clause they are to be applied to pay the debts and
provide for the common defence and general welfare of the United States; but the
legislature have authority to contract debts at their discretion; they are the sole judges of
what is necessary to provide for the common defence, and they only are to determine what
is for the general welfare; this power therefore is neither more nor less, than a power to lay
and collect taxes, imposts, and excises, at their pleasure; not only [is] the power to lay
taxes unlimited, as to the amount they may require, but it is perfect and absolute to raise
them in any mode they please. No state legislature, or any power in the state governments,
have any more to do in carrying this into effect, than the authority of one state has to do
with that of another. In the business therefore of laying and collecting taxes, the idea of
confederation is totally lost, and that of one entire republic is embraced. It is proper here to
remark, that the authority to lay and collect taxes is the most important of any power that
can be granted; it connects with it almost all other powers, or at least will in process of
time draw all other after it; it is the great mean of protection, security, and defence, in a
good government, and the great engine of oppression and tyranny in a bad one. This cannot
fail of being the case, if we consider the contracted limits which are set by this
constitution, to the late [state?] governments, on this article of raising money. No state can
emit paper moneylay any duties, or imposts, on imports, or exports, but by consent of
the Congress; and then the net produce shall be for the benefit of the United States: the
only mean therefore left, for any state to support its government and discharge its debts, is
by direct taxation; and the United States have also power to lay and collect taxes, in any
way they please. Every one who has thought on the subject, must be convinced that but
small sums of money can be collected in any country, by direct taxe[s], when the foederal
government begins to exercise the right of taxation in all its parts, the legislatures of the
several states will find it impossible to raise monies to support their governments. Without
money they cannot be supported, and they must dwindle away, and, as before observed,
their powers absorbed in that of the general government.
It might be here shewn, that the power in the federal legislative, to raise and support armies
at pleasure, as well in peace as in war, and their controul over the militia, tend, not only to
a consolidation of the government, but the destruction of liberty.I shall not, however,
dwell upon these, as a few observations upon the judicial power of this government, in
addition to the preceding, will fully evince the truth of the position.
The judicial power of the United States is to be vested in a supreme court, and in such
inferior courts as Congress may from time to time ordain and establish. The powers of
these courts are very extensive; their jurisdiction comprehends all civil causes, except such
as arise between citizens of the same state; and it extends to all cases in law and equity
arising under the constitution. One inferior court must be established, I presume, in each
state, at least, with the necessary executive officers appendant thereto. It is easy to see, that
in the common course of things, these courts will eclipse the dignity, and take away from
the respectability, of the state courts. These courts will be, in themselves, totally
independent of the states, deriving their authority from the United States, and receiving
from them fixed salaries; and in the course of human events it is to be expected, that they
will swallow up all the powers of the courts in the respective states.
How far the clause in the 8th section of the 1st article may operate to do away all idea of
confederated states, and to effect an entire consolidation of the whole into one general
government, it is impossible to say. The powers given by this article are very general and
comprehensive, and it may receive a construction to justify the passing almost any law. A
power to make all laws, which shall be necessary and proper, for carrying into execution,
all powers vested by the constitution in the government of the United States, or any
department or officer thereof, is a power very comprehensive and definite [indefinite?],
and may, for ought I know, be exercised in a such manner as entirely to abolish the state
legislatures. Suppose the legislature of a state should pass a law to raise money to support
their government and pay the state debt, may the Congress repeal this law, because it may
prevent the collection of a tax which they may think proper and necessary to lay, to
provide for the general welfare of the United States? For all laws made, in pursuance of
this constitution, are the supreme lay of the land, and the judges in every state shall be
bound thereby, any thing in the constitution or laws of the different states to the contrary
notwithstanding.By such a law, the government of a particular state might be overturned
at one stroke, and thereby be deprived of every means of its support.
It is not meant, by stating this case, to insinuate that the constitution would warrant a law
of this kind; or unnecessarily to alarm the fears of the people, by suggesting, that the
federal legislature would be more likely to pass the limits assigned them by the
constitution, than that of an individual state, further than they are less responsible to the
people. But what is meant is, that the legislature of the United States are vested with the
great and uncontroulable powers, of laying and collecting taxes, duties, imposts, and
excises; of regulating trade, raising and supporting armies, organizing, arming, and
disciplining the militia, instituting courts, and other general powers. And are by this clause
invested with the power of making all laws, proper and necessary, for carrying all these
into execution; and they may so exercise this power as entirely to annihilate all the state
governments, and reduce this country to one single government. And if they may do it, it is
pretty certain they will; for it will be found that the power retained by individual states,
small as it is, will be a clog upon the wheels of the government of the United States; the
latter therefore will be naturally inclined to remove it out of the way. Besides, it is a truth
confirmed by the unerring experience of ages, that every man, and every body of men,
invested with power, are ever disposed to increase it, and to acquire a superiority over
every thing that stands in their way. This disposition, which is implanted in human nature,
will operate in the federal legislature to lessen and ultimately to subvert the state authority,
and having such advantages, will most certainly succeed, if the federal government
succeeds at all. It must be very evident then, that what this constitution wants of being a
complete consolidation of the several parts of the union into one complete government,
possessed of perfect legislative, judicial, and executive powers, to all intents and purposes,
it will necessarily acquire in its exercise and operation.
Let us now proceed to enquire, as I at first proposed, whether it be best the thirteen United
States should be reduced to one great republic, or not? It is here taken for granted, that all
agree in this, that whatever government we adopt, it ought to be a free one; that it should
be so framed as to secure the liberty of the citizens of America, and such an one as to admit
of a full, fair, and equal representation of the people. The question then will be, whether a
government thus constituted, and founded on such principles, is practicable, and can be
exercised over the whole United States, reduced into one state?
If respect is to be paid to the opinion of the greatest and wisest men who have ever thought
or wrote on the science of government, we shall be constrained to conclude, that a free
republic cannot succeed over a country of such immense extent, containing such a number
of inhabitants, and these encreasing in such rapid progression as that of the whole United
States. Among the many illustrious authorities which might be produced to this point, I
shall content myself with quoting only two. The one is the baron de Montesquieu, spirit of
laws, chap. xvi. vol. I [book VIII]. "It is natural to a republic to have only a small territory,
otherwise it cannot long subsist. In a large republic there are men of large fortunes, and
consequently of less moderation; there are trusts too great to be placed in any single
subject; he has interest of his own; he soon begins to think that he may be happy, great and
glorious, by oppressing his fellow citizens; and that he may raise himself to grandeur on
the ruins of his country. In a large republic, the public good is sacrificed to a thousand
views; it is subordinate to exceptions, and depends on accidents. In a small one, the interest
of the public is easier perceived, better understood, and more within the reach of every
citizen; abuses are of less extent, and of course are less protected." Of the same opinion is
the marquis Beccarari.
History furnishes no example of a free republic, any thing like the extent of the United
States. The Grecian republics were of small extent; so also was that of the Romans. Both
of these, it is true, in process of time, extended their conquests over large territories of
country; and the consequence was, that their governments were changed from that of free
governments to those of the most tyrannical that ever existed in the world.
Not only the opinion of the greatest men, and the experience of mankind, are against the
idea of an extensive republic, but a variety of reasons may be drawn from the reason and
nature of things, against it. In every government, the will of the sovereign is the law. In
despotic governments, the supreme authority being lodged in one, his will is law, and can
be as easily expressed to a large extensive territory as to a small one. In a pure democracy
the people are the sovereign, and their will is declared by themselves; for this purpose they
must all come together to deliberate, and decide. This kind of government cannot be
exercised, therefore, over a country of any considerable extent; it must be confined to a
single city, or at least limited to such bounds as that the people can conveniently assemble,
be able to debate, understand the subject submitted to them, and declare their opinion
concerning it.
In a free republic, although all laws are derived from the consent of the people, yet the
people do not declare their consent by themselves in person, but by representatives, chosen
by them, who are supposed to know the minds of their constituents, and to be possessed of
integrity to declare this mind.
In every free government, the people must give their assent to the laws by which they are
governed. This is the true criterion between a free government and an arbitrary one. The
former are ruled by the will of the whole, expressed in any manner they may agree upon;
the latter by the will of one, or a few. If the people are to give their assent to the laws, by
persons chosen and appointed by them, the manner of the choice and the number chosen,
must be such, as to possess, be disposed, and consequently qualified to declare the
sentiments of the people; for if they do not know, or are not disposed to speak the
sentiments of the people, the people do not govern, but the sovereignty is in a few. Now, in
a large extended country, it is impossible to have a representation, possessing the
sentiments, and of integrity, to declare the minds of the people, without having it so
numerous and unwieldly, as to be subject in great measure to the inconveniency of a
democratic government.
The territory of the United States is of vast extent; it now contains near three millions of
souls, and is capable of containing much more than ten times that number. Is it practicable
for a country, so large and so numerous as they will soon become, to elect a representation,
that will speak their sentiments, without their becoming so numerous as to be incapable of
transacting public business? It certainly is not.
In a republic, the manners, sentiments, and interests of the people should be similar. If this
be not the case, there will be a constant clashing of opinions; and the representatives of one
part will be continually striving against those of the other. This will retard the operations of
government, and prevent such conclusions as will promote the public good. If we apply
this remark to the condition of the United States, we shall be convinced that it forbids that
we should be one government. The United States includes a variety of climates. The
productions of the different parts of the union are very variant, and their interests, of
consequence, diverse. Their manners and habits differ as much as their climates and
productions; and their sentiments are by no means coincident. The laws and customs of the
several states are, in many respects, very diverse, and in some opposite; each would be in
favor of its own interests and customs, and, of consequence, a legislature, formed of
representatives from the respective parts, would not only be too numerous to act with any
care or decision, but would be composed of such heterogenous and discordant principles,
as would constantly be contending with each other.
The laws cannot be executed in a republic, of an extent equal to that of the United States,
with promptitude.
The magistrates in every government must be supported in the execution of the laws, either
by an armed force, maintained at the public expence for that purpose; or by the people
turning out to aid the magistrate upon his command, in case of resistance.
In despotic governments, as well as in all the monarchies of Europe, standing armies are
kept up to execute the commands of the prince or the magistrate, and are employed for this
purpose when occasion requires: But they have always proved the destruction of liberty,
and [are] abhorrent to the spirit of a free republic. In England, where they depend upon the
parliament for their annual support, they have always been complained of as oppressive
and unconstitutional, and are seldom employed in executing of the laws; never except on
extraordinary occasions, and then under the direction of a civil magistrate.
A free republic will never keep a standing army to execute its laws. It must depend upon
the support of its citizens. But when a government is to receive its support from the aid of
the citizens, it must be so constructed as to have the confidence, respect, and affection of
the people." Men who, upon the call of the magistrate, offer themselves to execute the
laws, are influenced to do it either by affection to the government, or from fear; where a
standing army is at hand to punish offenders, every man is actuated by the latter principle,
and therefore, when the magistrate calls, will obey: but, where this is not the case, the
government must rest for its support upon the confidence and respect which the people
have for their government and laws. The body of the people being attached, the
government will always be sufficient to support and execute its laws, and to operate upon
the fears of any faction which may be opposed to it, not only to prevent an opposition to
the execution of the laws themselves, but also to compel the most of them to aid the
magistrate; but the people will not be likely to have such confidence in their rulers, in a
republic so extensive as the United States, as necessary for these purposes. The confidence
which the people have in their rulers, in a free republic, arises from their knowing them,
from their being responsible to them for their conduct, and from the power they have of
displacing them when they misbehave: but in a republic of the extent of this continent, the
people in general would be acquainted with very few of their rulers: the people at large
would know little of their proceedings, and it would be extremely difficult to change them.
The people in Georgia and New-Hampshire would not know one another's mind, and
therefore could not act in concert to enable them to effect a general change of
representatives. The different parts of so extensive a country could not possibly be made
acquainted with the conduct of their representatives, nor be informed of the reasons upon
which measures were founded. The consequence will be, they will have no confidence in
their legislature, suspect them of ambitious views, be jealous of every measure they adopt,
and will not support the laws they pass. Hence the government will be nerveless and
inefficient, and no way will be left to render it otherwise, but by establishing an armed
force to execute the laws at the point of the bayoneta government of all others the most
to be dreaded.
In a republic of such vast extent as the United-States, the legislature cannot attend to the
various concerns and wants of its different parts. It cannot be sufficiently numerous to be
acquainted with the local condition and wants of the different districts, and if it could, it is
impossible it should have sufficient time to attend to and provide for all the variety of
cases of this nature, that would be continually arising.
In so extensive a republic, the great officers of government would soon become above the
controul of the people, and abuse their power to the purpose of aggrandizing themselves,
and oppressing them. The trust committed to the executive offices, in a country of the
extent of the United-States, must be various and of magnitude. The command of all the
troops and navy of the republic, the appointment of officers, the power of pardoning
offences, the collecting of all the public revenues, and the power of expending them, with a
number of other powers, must be lodged and exercised in every state, in the hands of a few.
When these are attended with great honor and emolument, as they always will be in large
states, so as greatly to interest men to pursue them, and to be proper objects for ambitious
and designing men, such men will be ever restless in their pursuit after them. They will use
the power, when they have acquired it, to the purposes of gratifying their own interest and
ambition, and it is scarcely possible, in a very large republic, to call them to account for
their misconduct, or to prevent their abuse of power.
These are some of the reasons by which it appears, that a free republic cannot long subsist
over a country of the great extent of these states. If then this new constitution is calculated
to consolidate the thirteen states into one, as it evidently is, it ought not to be adopted.
Though I am of opinion, that it is a sufficient objection to this government, to reject it, that
it creates the whole union into one government, under the form of a republic, yet if this
objection was obviated, there are exceptions to it, which are so material and fundamental,
that they ought to determine every man, who is a friend to the liberty and happiness of
mankind, not to adopt it. I beg the candid and dispassionate attention of my countrymen
while I state these objectionsthey are such as have obtruded themselves upon my mind
upon a careful attention to the matter, and such as I sincerely believe are well founded.
There are many objections, of small moment, of which I shall take no noticeperfection is
not to be expected in any thing that is the production of manand if I did not in my
conscience believe that this scheme was defective in the fundamental principlesin the
foundation upon which a free and equal government must restI would hold my peace.
Anti-Federalist No. 18-19-20, What Does History Teach? (Part 1)
"AN OLD WHIG," taken from The Massachusetts Gazette, November 27, 1787, as
reprinted from the [Philadelphia] Independent Gazetteer.
27 November 1787
by An Old Whig
. By the proposed constitution, every law, before it passes, is to undergo repeated

revisions; and the constitution of every state in the union provide for the revision of the
most trifling laws, either by their passing through different houses of assembly and senate,
or by requiring them to be published for the consideration of the people. Why then is a
constitution which affects all the inhabitants of the United Stateswhich is to be the
foundation of all laws and the source of misery or happiness to one-quarter of the globe
why is this to be so hastily adopted or rejected, that it cannot admit of a revision? If a law
to regulate highways requires to be leisurely considered and undergo the examination of
different bodies of men, one after another, before it be passed, why is it that the framing of
a constitution for the government of a great peoplea work which has been justly
considered as the greatest effort of human genius, and which from the beginning of the
world has so often baffled the skill of the wisest men in every ageshall be considered as
a thing to be thrown out, in the first shape which it may happen to assume? Where is the
impracticability of a revision? Cannot the same power which called the late convention call
another? Are not the people still their own masters? If, when the several state conventions
come to consider this constitution, they should not approve of it, in its present form, they
may easily apply to congress and state their objections. Congress may as easily direct the
calling another convention, as they did the calling the last. The plan may then be
reconsidered, deliberately received and corrected, so as to meet the approbation of every
friend to his country. A few months only will be necessary for this purpose; and if we
consider the magnitude of the object, we shall deem it well worth a little time and
attention. It is Much better to pause and reflect before hand, than to repent when it is too
late; when no peaceable remedy will be left us, and unanimity will be forever banished.
The struggles of the people against a bad government, when it is once fixed, afford but a
gloomy picture in the annals of mankind, They are often unfortunate; they are always
destructive of private and public happiness; but the peaceable consent of a people to
establish a free and effective government is one of the most glorious objects that is ever
exhibited on the theater of human affairs. Some, I know, have objected that another
convention will not be likely to agree upon anythingI am far however from being of that
opinion. The public voice calls so loudly for a new constitution that I have no doubt we
shall have one of some sort. My only fear is that the impatience of the people will lead
them to accept the first that is offered them without examining whether it is right or wrong.
And after all, if a new convention cannot agree upon any amendments in the constitution,
which is at present proposed, we can still adopt this in its present form; and all further
opposition being vain, it is to be hoped we shall be unanimous in endeavouring to make the
best of it. The experiment is at least worth trying, and I shall be much astonished, if a new
convention called together for the purpose of revising the proposed constitution, do not
greatly reform it
It is beyond a doubt that the new federal constitution, if adopted, will in a great measure
destroy, if it does not totally annihilate, the separate governments of the several states. We
shall, in effect, become one great republic. Every measure of any importance will be
continental. What will be the consequence of this? One thing is evidentthat no republic
of so great magnitude ever did or ever can exist. But a few years elapsed, from the time in
which ancient Rome extended her dominions beyond the bounds of Italy, until the
downfall of her republic. And all political writers agree, that a republican government can
exist only in a narrow territory. But a confederacy of different republics has, in many
instances, existed and flourished for a long time together. The celebrated Helvetian league,
which exists at this moment in full vigor, and with unimpaired strength, while its origin
may be traced to the confines of antiquity, is one among many examples on this head; and
at the same time furnishes an eminent proof of how much less importance it is, that the
constituent parts of a confederacy of republics may be rightly framed, than it is that the
confederacy itself should be rightly organized. For hardly any two of the Swiss cantons
have the same form of government, and they are almost equally divided in their religious
principles, which have so often rent asunder the firmest establishments. A confederacy of
republics must be the establishment in America, or we must cease altogether to retain the
republican form of government. From the moment we become one great republic, either in
form or substance, the period is very shortly removed when we shall sink first into
monarchy, and then into despotism. If the men who at different times have been
entrusted to form plans of government for the world, had been really actuated by no other
motives than the public good, the condition of human nature in all ages would have been
widely different from that which has been exhibited to us in history. In this country
perhaps we are possessed of more than our share of political virtue. If we will exercise a
little patience and bestow our best endeavors on the business, I do not think it impossible,
that we may yet form a federal constitution much superior to any form of government
which has ever existed in the world. But whenever this important work shall be
accomplished, I venture to pronounce that it will not be done without a careful attention to
the Framing of a bill of rights.
In different nations, we find different grants or reservations of privileges appealed to in the

struggles between the rulers and the people; many of which, in the different nations of
Europe, have long since been swallowed up and lost by time, or destroyed by the arbitrary
hand of power. In England, we find the people, with the barons at their head, exacting a
solemn resignation of their rights from King John, in their celebrated magna charta, which
was many times renewed in Parliament during the reigns of his successors. The petition of
rights was afterwards consented to by Charles I and contained a declaration of the liberties
of the people. The habeas corpus act, after the restoration of Charles 11, the bill of rights,
which was obtained of the Prince and Princess of Orange, on their accession to the throne,
and the act of settlement, at the accession of the Hanover familyare other instances to
show the care and watchfulness of that nation to improve every Opportunity, of the reign
of a weak prince or the revolution in their government, to obtain the most explicit
declarations in favor of their liberties. In like manner the people of this country, at the
revolution, having all power in their own hands, in forming the constitutions of the several
states, took care to secure themselves, by bills of rights, so as to prevent as far as possible
the encroachments of their future rulers upon the rights of the people. Some of these rights
are said to be unalienable, such as the rights of conscience. Yet even these have been often
invaded, where they have not been carefully secured, by express and solemn bills and
declarations in their favor.
Before we establish a government, whose acts will be the supreme law of the land, and
whose power will extend to almost every case without exception, we ought carefully to
guard ourselves by a bill of rights, against the invasion of those liberties which it is
essential for us to retain, which it is of no real use for government to deprive us of; but
which, in the course of human events, have been too often insulted with all the wantonness
of an idle barbarity.
Anti-Federalist No. 18-19-20, What Does History Teach? (Part 2)
"A NEWPORT MAN," wrote this wit which appeared in The Newport Mercury, March 17,
1788.
17 March 1788
by A Newport Man
I perceive in your last [issue a] piece signed "A Rhode-Island Man," it seems wrote
with an air of confidence and triumph; he speaks of reason and reasoningI wish he had
known or practised some of that reasoning he so much pretends to; his essay had been
much shorter. We are told in this piece, as well as others on the same side, that an ability
given to British subjects to recover their debts in this country will be one of the blessings
of a new government, by inducing the British to abandon the frontiers, or be left without
excuse. But the British have no other reason for holding the posts, after the time named in
the treaty for their evacuation, than the last reason of Kings, that is, their guns. And giving
them the treasure of the United States is a very unlikely means of removing that. If the
British subject met with legal impediments to the recovery of his debts in this country, for
[the] British government to have put the same stop on our citizens would have been a
proper, an ample retaliation. But there is nothing within the compass of possibility of
which I am not perfectly sure, that I am more fully persuaded of than I am, that the British
will never relinquish the posts in question until compelled by force; because no nation pays
less regard to the faith of treaties than the British. Witness their conduct to the French in
1755, when they took a very great number of men of war and merchant ships before war
was declared, because the French had built some forts on the south side of an imaginary
line in the wilds of America; and again, the violation of the articles by which the people of
Boston resigned their arms; and the violation of the capitulation of Charles Town. Again
we are told that Congress has no credit with foreigners, because they have no power to
fulfill their engagements. And this we are told, with a boldness exceeded by nothing but its
falsehood, perhaps in the same paper that announces to the world the loan of a million of
Holland gildersif I mistake not the sum; a sum equal to 250,000 Spanish Dollarsand
all this done by the procurement of that very Congress whose insignificancy and want of
power had been constantly proclaimed for two or three years before. The Dutch are the
most cautious people on earth, and it is reasonable to suppose they were abundantly
persuaded of the permanency and efficacy of our government by their risking so much
money on it.
We are told that so long as we withhold this power from Congress we shall be a weak,
despised people. We were long contending for Independence, and now we are in a passion
to be rid of it. But let us attempt to reason on this subject, and see to which side that will
lead us. Reason is truly defined, in all cases short of mathematical demonstration, to be a
supposing that the like causes will produce the like effects. Let us proceed by this rule. The
Swiss Cantons for a hundred years have remained separate Independent States,
consequently without any controlling power. Even the little Republic of St. Marino,
containing perhaps but little more ground than the town of Newport, and about five
thousand inhabitants, surrounded by powerful and ambitious neighbors, has kept its
freedom and independence these thirteen hundred years, and is mentioned by travellers as a
very enlightened and happy people. If these small republics, in the neighborhood of the
warlike and intriguing Courts of Paris, Vienna, and Berlin, have kept their freedom and
original form of government, is it not reasonable to suppose that the same good sense and
love of freedom, on this side the Atlantic, will secure us from all attempt within and
without. And the only internal discord that has happened in Switzerland was on a religious
account, and a supreme controlling power is no security against this, as appears by what
happened in Ireland in the time of Charles the First, and in France in the time of Henry the
Fourth. It seems rational in a case of this importance to consult the opinion of the ablest
men, and to whom can we better appeal than to J. J. Rousseau, a republican by birth and
educationone of the most exalted geniuses and one of the greatest writers of his age, or
perhaps any age; a man the most disinterested and benevolent towards mankind; a man the
most industrious in the acquisition of knowledge and information, by travel, conversation,
reading, and thinking; and one who has wrote a Volume on Government entitled the Social
Contract, wherein he inculcates, that the people should examine and determine every
public act themselves. His words are, that "every law that the people have not ratified in
person, is void; it is no law. The people of England think they are free. They are much
mistaken. They are never so but during the election of members of Parliament. As soon as
they are elected, they are slaves, they are nothing. And by the use they make of their liberty
during the short moments they possess it, they well deserve to lose it." This is far from
advising that thirty thousand souls should resign their judgments and wishes entirely to one
man for two yearsto a man, who, perhaps, may go from home sincere and patriotic but
by the time he has dined in pomp for a week with the wealthy citizens of New York or
Philadelphia, will have lost all his rigid ideas of economy and equality. He becomes
fascinated with the elegancies and luxuries of wealth. Objects and intimations like these
soon change the champion for the people to an advocate for power; and the people, finding
themselves thus basely betrayed, cry that virtue is but a name. We are not sure that men
have more virtue at this time and place than they had in England in the time of George the
Second. Let anyone look into the history of those times, and see with what boldness men
changed sides and deserted the people in pursuit of profit and power. If to take up the cross
and renounce the pomps and vanities of this sinful world is a hard lesson for divines, 'tis
much harder for politicians. A Cincinnatus, a Cato, a Fabricius, and a Washington, are
rarely to be found. We are told that the Trustees of our powers and freedom, being mostly
married men, and all of them inhabitants and proprietors of the country, is an ample
security against an abuse of power. Whether human nature be less corrupt than formerly I
will not determinebut this I know: that Julius Caesar, Oliver Cromwell, and the nobles
of Venice, were natives and inhabitants of the countries whose power they usurped and
drenched in blood.
Again, our country is compared to a ship of which we are all passengers, and, from thence
'tis gravely concluded that no officer can ever betray or abuse his trust. But that men will
sacrifice the public to their private interest, is a saying too well known to need repeating.
And the instances of designed shipwrecks, and ships run away with by a combination of
masters, supercargoes, and part owners, is so great that nothing can equal them but those
instances in which pretended patriots and politicians have raised themselves and families
to power and greatness, by destroying that freedom and those laws they were chosen to
defend.
If it were necessary to cite more precedents to prove that the people ought not to trust or
remove their power any further from them, the little Republic of Lucca may be
mentionedwhich, surrounded by the Dukedom of Tuscany, has existed under its present
constitution about five hundred years, and as Mr. Addison says, is for the extent of its
dominion the richest and best peopled of all the States of Italy. And he says further that
"the whole administration of the government passes into different hands every two
months." This is very far from confirming the doctrine of choosing those officers for two
years who were before chosen for one. The want of a decisive, efficient power is much
talked of by the discontented, and that we are in danger of being conquered by the intrigues
of European powers. But it has already been shown that we have delegated a more decisive
power to our Congress than is granted by the Republic Swiss Cantons to their General
Diet. These Republics have enjoyed peace some hundreds of years; while those
governments which possess this decisive, efficient power, so much aimed at, are as often
as twenty or thirty years, drawing their men from the plough and loom to be shot at and cut
each other's throats for the honor of their respective nations. And by how much further we
are from Europe than the Swiss Cantons with their allies, and Lucca and St. Marino are
from France, Prussia, and Austria, by so much less are we in danger of being conquered
than those republics which have existed, some earlier than others, but the youngest of them
one hundred and thirty years, without being conquered. As for the United Provinces of
Holland, they are but nominal Republics; their Stadtholder, very much like our intended
President, making them in reality a monarchy, and subject to all its calamities. But
supposing that the present constitution, penned by the ablest men, four or five years in
completion, and its adoption considered as the happiest eventsupposing, I say, the
present Constitution destroyed, can a new one be ratified with more solemnity, agreed to in
stronger or more binding terms? What security can be given that in seven years hence,
another Convention shall not be called to frame a third Constitution? And as ancient
Greece counted by olympiads, and monarchies by their Kings' reigns, we shall date in the
first, second, or third year, of the seventh, eighth, or ninth Constitution.
In treating this subject I have not presumed to advise, and have intruded but few
comments. I have mentioned the state of those countries which most resemble our own and
leave to the natural sense of the reader to make his own conclusions. The malcontents, the
lovers of novelty, delight much in allegory. Should I be indulged a few words in that way,
I should not compare the new Constitution to a house. I should fetch my simile from the
country and compare it to Siberian Wheat (otherwise called Siberian cheat) which is
known to have been the most praised, the most dear, the most worthless, and most short-
lived thing that was ever adopted. But if the free men of this continent are weary of that
power and freedom they have so dearly bought and so shortly enjoyedthe power of
judging and determining what laws are most wholesome; what taxes are requisite and
sufficientI say, if the people are tired of these privileges, now is the time to part with
them forever. Much more might be said to show the bitterness and mischief contained in
this gilded pill, but being fond of brevity, I shall rely on the good sense of the public to
keep themselves out of the trap, and sign myself in plain English.
A Newport Man
Anti-Federalist No. 21, Why the Articles Failed (Centinel essay No. IV)
This essay is composed of excerpts from "CENTINEL" letters appearing in the

(Philadelphia) Independent Gazetteer, October 5 and November 30, 1787.
30 November 1787
by Samuel Bryan, Centinel
That the present Confederation is inadequate to the objects of the Union seems to be
universally allowed. The only question isWhat additional powers are wanting to give
due energy to the federal government? We should, however, be careful, in forming our
opinion on this subject, not to impute the temporary and extraordinary difficulties that have
hitherto impeded the execution of the Confederation to defects in the system itself.
Taxation is in every government a very delicate and difficult subject. Hence it has been the
policy of all wise statesmen, as far as circumstances permitted, to lead the people by small
beginnings and almost imperceptible degrees into the habits of taxation. Where the
contrary conduct has been pursued, it has ever failed of full success, not infrequently
proving the ruin of the projectors. The imposing of a burdensome tax at once on a people,
without the usual gradations, is the severest test that any government can be put to;
despotism itself has often proved unequal to the attempt. Under this conviction, let us take
a review of our situation before and since the Revolution. From the first settlement of this
country until the commencement of the late war, the taxes were so light and trivial as to be
scarcely felt by the people. When we engaged in the expensive contest with Great Britain,
the Congress, sensible of the difficulty of levying the moneys necessary to its support by
direct taxation, had resource to an anticipation of the public resources by emitting bills of
credit, and thus postponed the necessity of taxation for several years. This means was
pursued to a most ruinous length.
But about the year '80 or '81, it was wholly exhausted, the bills of credit had suffered such
a depreciation from the excessive quantities in circulation that they ceased to be useful as a
medium. The country at this period was very much impoverished and exhausted;
commerce had been suspended for near six years; the husbandman, for want of a market,
limited his crops to his own subsistence; the frequent calls of the militia and long
continuance in actual service, the devastations of the enemy, the subsistence of our own
armies, the evils of the depreciation of the paper money, which fell chiefly upon the
patriotic and virtuous part of the community, had all concurred to produce great distress
throughout America. In this situation of affairs, we still had the same powerful enemy to
contend with, who had even more numerous and better appointed armies in the field than
at any former time. Our allies were applied to in this exigency, but the pecuniary assistance
that we could procure from them was soon exhausted. The only resource now remaining
was to obtain by direct taxation the moneys necessary for our defense.
The history of mankind does not furnish a similar instance of an attempt to levy such
enormous taxes at once, nor of a people so wholly unprepared and uninured to themthe
lamp of sacred liberty must indeed have burned with unsullied luster, every sordid
principle of the mind must have been then extinct, when the people not only submitted to
the grievous impositions but cheerfully exerted themselves to comply with the calls of their
country. Their abilities, however, were not equal to furnish the necessary sumsindeed,
the requisition of the year 1782 amounted to the whole income of their farms and other
property, including the means of their subsistence. Perhaps the strained exertions of two
years would not have sufficed to the discharge of this requisition. How then can we impute
the difficulties of the people to a due compliance with the requisitions of Congress to a
defect in the Confederation? Any government, however energetic in similar circumstances,
would have experienced the same fate. If we review the proceedings of the states, we shall
find that they gave every sanction and authority to the requisitions of Congress that their
laws could confer, that they attempted to collect the sums called for in the same manner as
is proposed to be done in future by the general government instead of the state legislatures.
It is a maxim that a government ought to be cautious not to govern overmuch, for, when
the cord of power is drawn too tight, it generally proves its destruction. The
impracticability of complying with the requisitions of Congress has lessened the sense of
obligation and duty in the people and thus weakened the ties of the Union; the opinion of
power in a free government is much more efficacious than the exercise of it; it requires the
maturity of time and repeated practice to give due energy and certainty to the operations of
government.
I am persuaded that a due consideration will evince that the present inefficacy of the
requisitions of Congress is not owing to a defect in the Confederation but the peculiar
circumstances of the times.
The wheels of the general government having been thus clogged, and the arrearages of
taxes still accumulating, it may be asked: What prospect is there of the government
resuming its proper tone unless more compulsory powers are granted? To this it may be
answered that the produce of imposts on commerce, which all agree to vest in Congress,
together with the immense tracts of land at their disposal, will rapidly lessen and
eventually discharge the present encumbrances. When this takes place, the mode by
requisition will be found perfectly adequate to the extraordinary exigencies of the Union.
Congress have lately sold land to the amount of eight millions of dollars, which is a
considerable portion of the whole debt.
It is to be lamented that the interested and designing have availed themselves so

successfully of the present crisis, and under the specious pretense of having discovered a
panacea for all the ills of the people, they are about establishing a system of government
that will prove more destructive to them than the wooden horse filled with soldiers did in
ancient times to the city of Troy. This horse was introduced by their hostile enemy the
Grecians by a prostitution of the sacred rites of their religion; in like manner, my fellow
citizens, are aspiring despots among yourselves prostituting the name of a Washington to
cloak their designs upon your liberties.
I would ask: How was the proposed Constitution to have showered down those treasures
upon every class of citizens, as has been so industriously inculcated and so fondly believed
by some? Would it have been by the addition of numerous and expensive establishments?
By doubling our judiciaries, instituting federal courts in every county of every state? By a
superb presidential court? By a large standing army? In short, by putting it in the power of
the future government to levy money at pleasure, and placing this government so
independent of the people as to enable the administration to gratify every corrupt passion
of the mind, to riot on your spoils, without check or control?
A transfer to Congress of the power of imposing imposts on commerce, the unlimited

regulation of trade, and to make treatiesI believe is all that is wanting to render America
as prosperous as it is in the power of any form of government to render her; this properly
understood would meet the views of all the honest and well-meaning.
What gave birth to the late Continental Convention? Was it not the situation of our
commerce, which lay at the mercy of every foreign power who, from motives of interest or
enmity, could restrict and control it without risking a retaliation on the part of America, as
Congress was impotent on this subject? Such indeed was the case with respect to Britain,
whose hostile regulations gave such a stab to our navigation as to threaten its annihilation.
It became the interest of even the American merchant to give a preference to foreign
bottoms; hence the distress of our seamen, shipwrights, and every mechanic art dependent
on navigation.
By these regulations, too, we were limited in markets for our produce; our vessels were
excluded from their West India islands; many of our staple commodities were denied
entrance in Britain. Hence the husbandmen were distressed by the demand for their crops
being lessened and their prices reduced. This is the source to which may be traced every
evil we experience, that can be relieved by a more energetic government. Recollect the
language of complaint for years past; compare the recommendations of Congress, founded
on such complaints, pointing out the remedy; examine the reasons assigned by the different
states for appointing delegates to the late Convention; view the powers vested in that
bodythey all harmonize in the sentiment that the due regulation of trade and navigation
was the anxious wish of every class of citizens, was the great object of calling the
Convention.
This object being provided for by the Constitution proposed by the general Convention,
people overlooked and were not sensible of the needless sacrifice they were making for it.
Allowing for a moment that it would be possible for trade to flourish under a despotic
government, of what avail would be a prosperous state of commerce? When the produce of
it would be at the absolute disposal of an arbitrary unchecked general government, who
may levy at pleasure the most oppressive taxes; who may destroy every principle of
freedom; who may even destroy the privilege of complaining.
If you are in doubt about the nature and principles of the proposed government, view the
conduct of its authors and patrons: that affords the best explanation, the most striking
comment.
The evil genius of darkness presided at its birth, it came forth under the veil of mystery, its
true features being carefully concealed, and every deceptive art has been and is practising
to have this spurious brat received as the genuine offspring of heaven-born liberty. So
fearful are its patrons that you should discern the imposition that they have hurried on its
adoption, with the greatest precipitation. They have endeavored also to preclude all
investigation; they have endeavored to intimidate all opposition. By such means as these
have they surreptitiously procured a Convention in this state, favorable to their views; and
here again investigation and discussion are abridged, the final question is moved before the
subject has been under consideration, an appeal to the people is precluded even in the last
resort, lest their eyes should be opened; the Convention have denied the minority the
privilege of entering the reasons of their dissent on its journals. Thus despotism is already
triumphant, and the genius of liberty is on the eve of her exit, is about bidding an eternal
adieu to this once happy people.
After so recent a triumph over British despots, after such torrents of blood and treasure
have been spent, after involving ourselves in the distresses of an arduous war and incurring
such a debt for the express purpose of asserting the rights of humanity, it is truly
astonishing that a set of men among ourselves should have had the effrontery to attempt
the destruction of our liberties. But in this enlightened age, to dupe the people by the arts
they are practising is still more extraordinary.
That the powers of Congress ought to be strengthened, all allow; but is this a conclusive
proof of the necessity to adopt the proposed plan? Is it a proof that because the late
Convention, in the first essay upon so arduous and difficult a subject, harmonized in their
ideas, that a future convention will not, or that after a full investigation and mature
consideration of the objections, they will not plan a better government and one more
agreeable to the sentiments of America, or is it any proof that they can never again agree in
any plan? The late Convention must indeed have been inspired, as some of its advocates
have asserted, to admit the truth of these positions, or even to admit the possibility of the
proposed government being such a one as America ought to adopt; for this body went upon
original ground, foreign from their intentions or powers. They must therefore have been
wholly uninformed of the sentiments of their constituents in respect to this form of
government, as it was not in their contemplation when the Convention was appointed to
erect a new government but to strengthen the old one. Indeed, they seem to have been
determined to monopolize the exclusive merit of the discovery, or rather, as if darkness
was essential to its success, they precluded all communication with the people by closing
their doors. Thus the well-disposed members, unassisted by public information and
opinion, were induced by those arts that are now practising on the people to give their
sanction to this system of despotism.
Anti-Federalist No. 22, Articles of Confederation Simply Requires Amendments,

Particularly for Commercial Power and Judicial Power; Constitution Goes Too Far
Benjamin Austin of Massachusetts, used the pen-name "CANDIDUS." Taken from two
letters by "Candidus" which appeared in the [Boston] Independent Chronicle, December 6
and 20, 1787.
6,20 December 1787
by Benjamin Austin, Candidus
. Many people are sanguine for the Constitution, because they apprehend our commerce
will be benefited. I would advise those persons to distinguish between the evils that arise
from extraneous causes and our private imprudencies, and those that arise from our
government. It does not appear that the embarrassments of our trade will be removed by
the adoption of this Constitution. The powers of Europe do not lay any extraordinary duties
on our oil, fish, or tobacco, because of our government; neither do they discourage our ship
building on this account. I would ask what motive would induce Britain to repeal the duties
on our oil, or France on our fish, if we should adopt the proposed Constitution? Those
nations laid these duties to promote their own fishery, etc., and let us adopt what mode of
government we please, they will pursue their own politics respecting our imports and
exports, unless we can check them by some commercial regulations.
But it may be said, that such commercial regulations will take place after we have adopted
the Constitution, and that the northern states would then become carriers for the southern.
The great question then is, whether it is necessary in order to obtain these purposes, for
every state to give up their whole power of legislation and taxation, and become an
unwieldy republic, when it is probable the important object of our commerce could be
effected by a uniform navigation act, giving Congress full power to regulate the whole
commerce of the States? This power Congress have often said was sufficient to answer all
their purposes. The circular letter from the Boston merchants and others, was urgent on
this subject. Also the navigation act of this state [Massachusetts], was adopted upon similar
principles, and was declared by our Minister in England, to be the most effectual plan to
promote our navigation, provided it had been adopted by the whole confederacy.
But it may be said, this regulation of commerce, without energy to enforce a compliance, is
quite ideal. Coercion with some persons seems the principal object, but I believe we have
more to expect from the affections of the people, than from an armed body of men.
Provided a uniform commercial system was adopted, and each State felt its agreeable
operations, we should have but little occasion to exercise force. But however, as power is
thought necessary to raise an army, if required, to carry into effect any federal measure, I
am willing to place it, where it is likely to be used with the utmost caution. This power I
am willing to place among the confederated States, to be exercised when two thirds of
them in their legislative capacities shall say the common good requires it. But to trust this
power in the hands of a few men delegated for two, four and six years, is complimenting
the ambition of human nature too highly, to risk the tranquility of these States on their
absolute determination. Certain characters now on the stage, we have reason to venerate,
but though this country is now blessed with a Washington, Franklin, Hancock and Adams,
yet posterity may have reason to rue the day when their political welfare depends on the
decision of men who may fill the places of these worthies.
The advocates for the Constitution, have always assumed an advantage by saying, that
their opposers have never offered any plan as a substitute; the following outlines are
therefore submitted, not as originating from an individual, but as copied from former
resolutions of Congress, and united with some parts of the Constitution proposed by the
respectable convention. This being the case, I presume it will not be invalidated by the cant
term of antifederalism.
1st. That the Legislature of each state, empower Congress to frame a navigation act, to
operate uniformly throughout the states; receiving to Congress all necessary powers to
regulate our commerce with foreign nations, and among the several states, and with the
Indian tribes. The revenue arising from the impost to be subject to their appropriations, "to
enable them to fulfill their public engagements with foreign creditors."
2nd. That the Legislature of each state, instruct their delegates in Congress, to frame a
treaty of AMITY for the purposes of discharging each state's proportion of the public debt,
either foreign or domestic, and to enforce (if necessary) their immediate payment. Each
state obligating themselves in the treaty of amity, to furnish (whenever required by
Congress) a proportionate number of the Militia who are ever to be well organized and
disciplined, for the purposes of repelling any invasion; suppressing any insurrection; or
reducing any delinquent state within the confederacy, to a compliance with the federal
treaty of commerce and amity. Such assistance to be furnished by the Supreme Executive
of each state, on the application of Congress. The troops in cases of invasion to be under
the command of the Supreme Executive of the state immediately in danger; but in cases of
insurrection, and when employed against any delinquent state in the confederacy, the
troops to be under the command of Congress.
3d. That such states as did not join the confederacy of commerce and amity, should be
considered as aliens; and any goods brought from such state into any of the confederated
states, together with their vessels, should be subject to heavy extra duties.
4th. The treaty of amity, agreed to by the several states, should expressly declare that no
State (without the consent of Congress) should enter into any treaty, alliances, or
confederacy; grant letters of marque and reprisal; make anything but gold and silver coin a
tender in payment of debts; pass any bill of attainder or ex post facto law, or impair the
obligations of contracts; engage in war, or declare peace.
5th. A Supreme Judicial Court to be constituted for the following federal purposesto
extend to all treaties made previous to, or which shall be made under the authority of the
confederacy; all cases affecting Ambassadors, and other public Ministers and Consuls;
controversies between two or more states; and between citizens of the same state claiming
lands under grants of different states; to define and punish piracies, and felonies committed
on the high seas, and offenses against the law of nations.
6th. That it be recommended to Congress, that the said navigation act, and treaty of amity,
be sent to the Legislatures (or people) of the several states, for their assenting to, and
ratifying the same.
7th. A regular statement and account of the receipts and expenditures, of all public monies,
should be published from time to time.
The above plan it is humbly conceivedsecures the internal government of the several
states; promotes the commerce of the whole union; preserves a due degree of energy; lays
restraints on aliens; secures the several states against invasions and insurrection by a
MILITIA, rather than a STANDING ARMY; checks all ex post facto laws; cements the
states by certain federal restrictions; confines the judiciary powers to national matters; and
provides for the public information of receipts and expenditures. In a word, it places us in a
complete federal state.
The resolves of Congress, 18th April, 1783, "recommends to the several States, to invest
them with powers to levy for the use of the United States, certain duties upon goods,
imported from any foreign port, island or plantation;" which measures is declared by them,
"to be a system more free, from well founded exception, and is better calculated to receive
the approbation of the several States, than any other, that the wisdom of Congress could
devise; and if adopted, would enable them to fulfill their public engagements with their
foreign creditors.".
Should we adopt this plan, no extraordinary expenses would arise, and Congress having
but one object to attend, every commercial regulation would be uniformly adopted; the
duties of impost and excise, would operate equally throughout the states; our ship building
and carrying trade, would claim their immediate attention; and in consequence thereof, our
agriculture, trade and manufactures would revive and flourish. No acts of legislation,
independent of this great business, would disaffect one State against the other; but the
whole, in one Federal System of commerce, would serve to remove all local
attachments, and establish our navigation upon a most extensive basis. The powers of
Europe, would be alarmed at our Union, and would fear lest we should retaliate on them by
laying restrictions on their trade.
These states, by the blessing of Heaven, are now in a very tranquil state. This government,
in particular, has produced an instance of ENERGY, in suppressing a late rebellion, which
no absolute monarchy can boast. And notwithstanding the insinuations of a "small party,"
who are ever branding the PEOPLE with the most opprobrious epithetsrepresenting
them as aiming to level all distinctions; emit paper money; encourage the rebellionyet
the present General Court, the voice of that body, whom they have endeavored to
stigmatize, have steadily pursued measures foreign from the suggestions of such revilers.
And the public credit has been constantly appreciating since the present Administration.
Let us then be cautious how we disturb this general harmony. Every exertion is now
making, by the people, to discharge their taxes. Industry and frugality prevail. Our
commerce is every day increasing by the enterprise of our merchants. And above all, the
PEOPLE of the several states are convinced of the necessity of adopting some Federal
Commercial Plan.
Candidus
Anti-Federalist No. 23, Certain Powers Necessary for the Common Defense, Can and
Should be Limited (Brutus essays No. VII and VIII)
In Federalist No. 23, Alexander Hamilton spoke of the necessity for an energetic
government. "BRUTUS" replied. Taken from the 7th and 8th essays of "Brutus" in The
New-York Journal, January 3 and 10, 1788.
Robert Yates, Brutus
January 3 and 10, 1788
In a confederated government, where the powers are divided between the general and the
state government, it is essential . . . that the revenues of the country, without which no
government can exist, should be divided between them, and so apportioned to each, as to
answer their respective exigencies, as far as human wisdom can effect such a division and
apportionment....
No such allotment is made in this constitution, but every source of revenue is under the
control of Congress; it therefore follows, that if this system is intended to be a complex and
not a simple, a confederate and not an entire consolidated government, it contains in it the
sure seeds of its own dissolution. One of two things must happen. Either the new
constitution will become a mere nudum pactum, and all the authority of the rulers under it
be cried down, as has happened to the present confederacy. Or the authority of the
individual states will be totally supplanted, and they will retain the mere form without any
of the powers of government. To one or the other of these issues, I think, this new
government, if it is adopted, will advance with great celerity.
It is said, I know, that such a separation of the sources of revenue, cannot be made without
endangering the public safety-"unless (says a writer) [Alexander Hamilton] it can be
shown that the circumstances which may affect the public safety are reducible within
certain determinate limits; unless the contrary of this position can be fairly and rationally
disputed, it must be admitted, as a necessary consequence, that there can be no limitation
of that authority which is to provide for the defense and protection of the community,
etc."(1)
(1 Federalist, No. 23.)
The pretended demonstration of this writer will instantly vanish, when it is considered, that
the protection and defense of the community is not intended to be entrusted solely into the
hands of the general government, and by his own confession it ought not to be. It is true
this system commits to the general government the protection and defense of the
community against foreign force and invasion, against piracies and felonies on the high
seas, and against insurrection among ourselves. They are also authorized to provide for the
administration of justice in certain matters of a general concern, and in some that I think
are not so. But it ought to be left to the state governments to provide for the protection and
defense of the citizen against the hand of private violence, and the wrongs done or
attempted by individuals to each other. Protection and defense against the murderer, the
robber, the thief, the cheat, and the unjust person, is to be derived from the respective state
governments. The just way of reasoning therefore on this subject is this, the general
government is to provide for the protection and defense of the community against foreign
attacks, etc. They therefore ought to have authority sufficient to effect this, so far as is
consistent with the providing for our internal protection and defense. The state
governments are entrusted with the care of administering justice among its citizens, and the
management of other internal concerns; they ought therefore to retain power adequate to
that end. The preservation of internal peace and good order, and the due administration of
law and justice, ought to be the first care of every government. The happiness of a people
depends infinitely more on this than it does upon all that glory and respect which nations
acquire by the most brilliant martial achievements. And I believe history will furnish but
few examples of nations who have duly attended to these, who have been subdued by
foreign invaders. If a proper respect and submission to the laws prevailed over all orders of
men in our country; and if a spirit of public and private justice, economy, and industry
influenced the people, we need not be under any apprehensions but what they would be
ready to repel any invasion that might be made on the country. And more than this, I would
not wish from them. A defensive war is the only one I think justifiable. I do not make these
observations to prove, that a government ought not to be authorised to provide for the
protection and defense of a country against external enemies, but to show that this is not
the most important, much less the only object of their care.
The European governments are almost all of them framed, and administered with a view to
arms, and war, as that in which their chief glory consists. They mistake the end of
government. It was designed to save men's lives, not to destroy them. We ought to furnish
the world with an example of a great people, who in their civil institutions hold chiefly in
view, the attainment of virtue, and happiness among ourselves. Let the monarchs in Europe
share among them the glory of depopulating countries, and butchering thousands of their
innocent citizens, to revenge private quarrels, or to punish an insult offered to a wife, a
mistress, or a favorite. I envy them not the honor, and I pray heaven this country may
never be ambitious of it. The czar Peter the great, acquired great glory by his arms; but all
this was nothing, compared with the true glory which he obtained, by civilizing his rude
and barbarous subjects, diffusing among them knowledge, and establishing and cultivating
the arts of life. By the former he desolated countries, and drenched the earth with human
blood; by the latter he softened the ferocious nature of his people, and pointed them to the
means of human happiness. The most important end of government then, is the proper
direction of its internal police, and economy; this is the province of the state governments,
and it is evident, and is indeed admitted, that these ought to be under their control. Is it not
then preposterous, and in the highest degree absurd, when the state governments are vested
with powers so essential to the peace and good order of society, to take from them the
means of their own preservation?
The idea that the powers of congress in respect to revenue ought to be unlimited, because
'the circumstances which may affect the public safety are not reducible to certain
determinate limits' is novel, as it relates to the government of the United States. The
inconveniencies which resulted from the feebleness of the present confederation was
discerned, and felt soon after its adoption. It was soon discovered, that a power to require
money, without either the authority or means to enforce a collection of it, could not be
relied upon either to provide for the common defense, discharge the national debt, or for
support of government. Congress therefore, as early as February 1781, recommended to
the states to invest them with a power to levy an impost of :five per cent ad valorem, on all
imported goods, as a fund to be appropriated to discharge the debts already contracted, or
which should hereafter be contracted for the support of the war, to be continued until the
debts should be fully and finally discharged. There is not the most distant idea held out in
this act, that an unlimited power to collect taxes, duties and excises was necessary to be
vested in the United States, and yet this was a time of the most pressing danger and
distress. The idea then was, that if certain definite funds were assigned to the union, which
were certain in their natures, productive, and easy of collection, it would enable them to
answer their engagements, and provide for their defense, and the impost of five per cent
was fixed upon for the purpose.
This same subject was revived in the winter and spring of 1783, and after a long
consideration of the subject, many schemes were proposed. The result was, a
recommendation of the revenue system of April 1783; this system does not suggest an idea
that it was necessary to grant the United States unlimited authority in matters of revenue. A
variety of amendments were proposed to this system, some of which are upon the journals
of Congress, but it does not appear that any of them proposed to invest the general
government with discretionary power to raise money. On the contrary, all of them limit
them to certain definite objects, and fix the bounds over which they could not pass. This
recommendation was passed at the conclusion of the war, and was founded on an estimate
of the whole national debt. It was computed, that one million and an half of dollars, in
addition to the impost, was a sufficient sum to pay the annual interest of the debt, and
gradually to abolish the principal. Events have proved that their estimate was sufficiently
liberal, as the domestic debt appears upon its being adjusted to be less than it was
computed; and since this period a considerable portion of the principal of the domestic
debt has been discharged by the sale of the western lands. It has been constantly urged by
Congress, and by individuals, ever since, until lately, that had this revenue been
appropriated by the states, as it was recommended, it would have been adequate to every
exigency of the union. Now indeed it is insisted, that all the treasures of the country are to
be under the control of that body, whom we are to appoint to provide for our protection
and defense against foreign enemies. The debts of the several states, and the support of the
governments of them are to trust to fortune and accident. If the union should not have
occasion for all the money they can raise, they will leave a portion for the state, but this
must be a matter of mere grace and favor. Doctrines like these would not have been
listened to by any state in the union, at a time when we were pressed on every side by a
powerful enemy, and were called upon to make greater exertions than we have any reason
to expect we shall ever be again. . . .
I may be asked to point out the sources, from which the general government could derive a
sufficient revenue, to answer the demands of the union. ... There is one source of revenue,
which it is agreed, the general government ought to have the sole control of. This is an
impost upon all goods imported from foreign countries. This would, of itself, be very
productive, and would be collected with ease and certainty. It will be a fund too, constantly
increasing, for our commerce will grow with the productions of the country. And these,
together with our consumption of foreign goods, wilt increase with our population. It is
said, that the impost will not produce a sufficient sum to satisfy the demands of the general
government; perhaps it would not.... My own opinion is, that the objects from which the
general government should have authority to raise a revenue, should be of such a nature,
that the tax should be raised by simple laws, with few officers, with certainty and
expedition, and with the least interference with the internal police of the states. Of this
nature is the impost on imported goods. And it appears to me that a duty on exports, would
also be of this nature. Therefore, for ought I can discover, this would be the best source of
revenue to grant the general government. I know neither the Congress nor the state
legislatures will have authority under the new constitution to raise a revenue in this way.
But I cannot perceive the reason of the restriction. It appears to me evident, that a tax on
articles exported, would be as nearly equal as any that we can expect to lay, and it certainly
would be collected with more ease and less expense than any direct tax. I do not however,
contend for this mode; it may be liable to well founded objections that have not occurred to
me. But this I do contend for, that some mode is practicable, and that limits must be
marked between the general government, and the states on this head, or if they be not,
either the Congress in the exercise of this power, will deprive the state legislatures of the
means of their existence, or the states by resisting the constitutional authority of the
general government, will render it nugatory....
The next powers vested by this Constitution in the general government, which we shall
consider, are those which authorize them to "borrow money on the credit of the United
States, and to raise and support armies." I take these two together and connect them with
the power to lay and collect taxes, duties, imposts and excises, because their extent, and the
danger that will arise from the exercise of these powers, cannot be fully understood, unless
they are viewed in relation to each other.
The power to borrow money is general and unlimited, and the clause so often before
referred to, authorizes the passing [of] any laws proper and necessary to carry this into
execution. Under this authority, Congress may mortgage any or all the revenues of the
union, as a fund to loan money upon; and it is probable, in this way, they may borrow of
foreign nations, a principal sum, the interest of which will be equal to the annual revenues
of the country. By this means, they may create a national debt, so large, as to exceed the
ability of the country ever to sink. I can scarcely contemplate a greater calamity that could
befall this country, than to be loaded with a debt exceeding their ability ever to discharge.
If this be a just remark, it is unwise and improvident to vest in the general government a
power to borrow at discretion, without any limitation or restriction.
It may possibly happen that the safety and welfare of the country may require, that money
be borrowed, and it is proper when such a necessity arises that the power should be
exercised by the general government. But it certainly ought never to be exercised, but on
the most urgent occasions, and then we should not borrow of foreigners if we could
possibly avoid it.
The constitution should therefore have so restricted the exercise of this power as to have
rendered it very difficult for the government to practice it. The present confederation
requires the assent of nine states to exercise this, and a number of other important powers
of the confederacy. It would certainly have been a wise provision in this constitution, to
have made it necessary that two thirds of the members should assent to borrowing money.
When the necessity was indispensable, this assent would always be given, and in no other
cause ought it to be.
The power to raise armies is indefinite and unlimited, and authorises the raising [of] forces,
as well in peace as in war. Whether the clause which empowers the Congress to pass all
laws which are proper and necessary, to carry this into execution, will not authorise them
to impress men for the army, is a question well worthy [of] consideration. If the general
legislature deem it for the general welfare to raise a body of troops, and they cannot be
procured by voluntary enlistments, it seems evident, that it will be proper and necessary to
effect it, that men be impressed from the militia to make up the deficiency.
These powers taken in connection, amount to this: that the general government have
unlimited authority and control over all the wealth and all the force of the union. The
advocates for this scheme, would favor the world with a new discovery, if they would
show, what kind of freedom or independency is left to the state governments, when they
cannot command any part of the property or of the force of the country, but at the will of
the Congress. It seems to me as absurd, as it would be to say, that I was free and
independent, when I had conveyed all my property to another, and was tenant to him, and
had beside, given an indenture of myself to serve him during life. . . .
Anti-Federalist No. 24, Objections to a Standing Army (Part I) (Brutus essay No. IX)
The first essay is taken from the ninth letter of "BRUTUS" which appeared in The New-
York Journal, January 17, 1788.
17 January 1788
By Robert Yates, Brutus
The design of civil government is to protect the rights and promote the happiness of the
people.
For this end, rulers are invested with powers. But we cannot from hence justly infer that
these powers should be unlimited. There are certain rights which mankind possess, over
which government ought not to have any controul, because it is not necessary they should,
in order to attain the end of its institution. There are certain things which rulers should be
absolutely prohibited from doing, because, if they should do them, they would work an
injury, not a benefit to the people. Upon the same principles of reasoning, if the exercise of
a power, is found generally or in most cases to operate to the injury of the community, the
legislature should be restricted in the exercise of that power, so as to guard, as much as
possible, against the danger. These principles seem to be the evident dictates of common
sense, and what ought to give sanction to them in the minds of every American, they are
the great principles of the late revolution, and those which governed the framers of all our
state constitutions. Hence we find, that all the state constitutions, contain either formal bills
of rights, which set bounds to the powers of the legislature, or have restrictions for the
same purpose in the body of the constitutions. Some of our new political Doctors, indeed,
reject the idea of the necessity, or propriety of such restrictions in any elective government,
but especially in the general one.
But it is evident, that the framers of this new system were of a contrary opinion, because
they have prohibited the general government, the exercise of some powers, and restricted
them in that of others.
I shall adduce two instances, which will serve to illustrate my meaning, as well as to
confirm the truth of the preceeding remark.
In the 9th section, it is declared, "no bill of attainder shall be passed." This clause takes
from the legislature all power to declare a particular person guilty of a crime by law. It is
proper the legislature should be deprived of the exercise of this power, because it seldom is
exercised to the benefit of the community, but generally to its injury.
In the same section it is provided, that "the privilege of the writ of habeas corpus shall not
be suspended, unless when in cases of rebellion and invasion, the public safety may require
it." This clause limits the power of the legislature to deprive a citizen of the right of habeas
corpus, to particular cases viz. those of rebellion and invasion; the reason is plain, because
in no other cases can this power be exercised for the general good.
Let us apply these remarks to the case of standing armies in times of peace. If they
generally prove the destruction of the happiness and liberty of the people, the legislature
ought not to have power to keep them up, or if they had, this power should be so restricted,
as to secure the people against the danger arising from the exercise of it.
That standing armies are dangerous to the liberties of a people was proved in my last
numberIf it was necessary, the truth of the position might be confirmed by the history of
almost every nation in the world. A cloud of the most illustrious patriots of every age and
country, where freedom has been enjoyed, might be adduced as witnesses in support of the
sentiment. But I presume it would be useless, to enter into a laboured argument, to prove to
the people of America, a position, which has so long and so generally been received by
them as a kind of axiom.
Some of the advocates for this new system controvert this sentiment, as they do almost
every other that has been maintained by the best writers on free government.Others,
though they will not expressly deny, that standing armies in times of peace are dangerous,
yet join with these in maintaining, that it is proper the general government should be
vested with the power to do it. I shall now proceed to examine the arguments they adduce
in support of their opinions.
A writer, in favor of this system, treats this objection as a ridiculous one. He supposes it
would be as proper to provide against the introduction of Turkish janizaries, or against
making the Alcoran a rule of faith.
From the positive, and dogmatic manner, in which this author delivers his opinions, and
answers objections made to his sentimentsone would conclude, that he was some
pedantic pedagogue who had been accustomed to deliver his dogmas to pupils, who always
placed implicit faith in what he delivered.
But, why is this provision so ridiculous? because, says this author, it is unnecessary. But,
why is it unnecessary? "because, the principles and habits, as well as the power of the
Americans are directly opposed to standing armies; and there is as little necessity to guard
against them by positive constitutions, as to prohibit the establishment of the Mahometan
religion." It is admitted then, that a standing army in time of peace, is an evil. I ask then,
why should this government be authorised to do evil? If the principles and habits of the
people of this country are opposed to standing armies in time of peace, if they do not
contribute to the public good, but would endanger the public liberty and happiness, why
should the government be vested with the power? No reason can be given, why rulers
should be authorised to do, what, if done, would oppose the principles and habits of the
people, and endanger the public safety, but there is every reason in the world, that they
should be prohibited from the exercise of such a power. But this author supposes, that no
danger is to be apprehended from the exercise of this power, because, if armies are kept up,
it will be by the people themselves, and therefore, to provide against it, would be as absurd
as for a man to "pass a law in his family, that no troops should be quartered in his family
by his consent." This reasoning supposes, that the general government is to be exercised by
the people of America themselvesBut such an idea is groundless and absurd. There is
surely a distinction between the people and their rulers, even when the latter are
representatives of the former.They certainly are not identically the same, and it cannot
be disputed, but it may and often does happen, that they do not possess the same
sentiments or pursue the same interests. I think I have shewn, that as this government is
constituted, there is little reason to expect, that the interest of the people and their rulers
will be the same.
Besides, if the habits and sentiments of the people of America are to be relied upon, as the
sole security against the encroachment of their rulers, all restrictions in constitutions are
unnecessary; nothing more is requisite, than to declare who shall be authorized to exercise
the powers of government, and about this we need not be very carefulfor the habits and
principles of the people will oppose every abuse of power. This I suppose to be the
sentiments of this author, as it seems to be of many of the advocates of this new system.
An opinion like this, is as directly opposed to the principles and habits of the people of
America, as it is to the sentiments of every writer of reputation on the science of
government, and repugnant to the principles of reason and common sense.
The idea that there is no danger of the establishment of a standing army, under the new
constitution, is without foundation.
It is a well known fact, that a number of those who had an agency in producing this
system, and many of those who it is probable will have a principal share in the
administration of the government under it, if it is adopted, are avowedly in favour of
standing armies. It is a language common among them, "That no people can be kept in
order, unless the government have an army to awe them into obedience; it is necessary to
support the dignity of government, to have a military establishment." And there will not be
wanting a variety of plausible reason to justify the raising one, drawn from the danger we
are in from the Indians on our frontiers, or from the European provinces in our
neighbourhood. If to this we add, that an army will afford a decent support, and agreeable
employment to the young men of many families, who are too indolent to follow
occupations that will require care and industry, and too poor to live without doing any
business[,] we can have little reason to doubt, but that we shall have a large standing army,
as soon as this government can find money to pay them, and perhaps sooner.
A writer, who is the boast of the advocates of this new constitution, has taken great pains
to shew, that this power was proper and necessary to be vested in the general government.
He sets out with calling in question the candour and integrity of those who advance the
objection, and with insinuating, that it is their intention to mislead the people, by alarming
their passions, rather than to convince them by arguments addressed to their
understandings.
The man who reproves another for a fault, should be careful that he himself be not guilty of
it. How far this writer has manifested a spirit of candour, and has pursued fair reasoning on
this subject, the impartial public will judge, when his arguments pass before them in
review.
He first attempts to shew, that this objection is futile and disingenuous, because the power
to keep up standing armies, in time of peace, is vested, under the present government, in
the legislature of every state in the union, except two. Now this is so far from being true,
that it is expressly declared, by the present articles of confederation, that no body of forces
"shall be kept up by any state, in time of peace, except such number only, as in the
judgment of the United States in Congress assembled, shall be deemed requisite to garrison
the forts necessary for the defence of such state." Now, was it candid and ingenuous to
endeavour to persuade the public, that the general government had no other power than
your own legislature have on this head; when the truth is, your legislature have no
authority to raise and keep up any forces?
He next tells us, that the power given by this constitution, on this head, is similar to that
which Congress possess under the present confederation. As little ingenuity is manifested
in this representation as in that of the former.
I shall not undertake to enquire whether or not Congress are vested with a power to keep
up a standing army in time of peace; it has been a subject. warmly debated in Congress,
more than once, since the peace; and one of the most respectable states in the union, were
so fully convinced that they had no such power, that they expressly instructed their
delegates to enter a solemn protest against it on the journals of Congress, should they
attempt to exercise it.
But should it be admitted that they have the power, there is such a striking dissimilarity
between the restrictions under which the present Congress can exercise it, and that of the
proposed government, that the comparison will serve rather to shew the impropriety of
vesting the proposed government with the power, than of justifying it.
It is acknowledged by this writer, that the powers of Congress, under the present
confederation, amount to little more than that of recommending. If they determine to raise
troops, they are obliged to effect it through the authority of the state legislatures. This will,
in the first instance, be a most powerful restraint upon them, against ordering troops to be
raised. But if they should vote an army, contrary to the opinion and wishes of the people,
the legislatures of the respective states would not raise them. Besides, the present Congress
hold their places at the will and pleasure of the legislatures of the states who send them,
and no troops can be raised, but by the assent of nine states out of the thirteen. Compare
the power proposed to be lodged in the legislature on this head, under this constitution,
with that vested in the present Congress, and every person of the least discernment, whose
understanding is not totally blinded by prejudice, will perceive, that they bear no analogy
to each other. Under the present confederation, the representatives of nine states, out of
thirteen, must assent to the raising of troops, or they cannot be levied: under the proposed
constitution, a less number than the representatives of two states, in the house of
representatives, and the representatives of three states and an half in the senate, with the
assent of the president, may raise any number of troops they please. The present Congress
are restrained from an undue exercise of this power, from this consideration, they know
[that] the state legislatures, through whose authority it must be carried into effect, would
not comply with the requisition for the purpose, if it was evidently opposed to the public
good: the proposed constitution authorizes the legislature to carry their determinations into
execution, without the intervention of any other body between them and the people. The
Congress under the present form are amenable to, and removable by, the legislatures of the
respective states, and are chosen for one year only: the proposed constitution does not
make the members of the legislature accountable to, or removeable by the state legislatures
at all; and they are chosen, the one house for six, and the other for two years; and cannot be
removed until their time of service is expired, let them conduct [themselves] ever so
badly.The public will judge, from the above comparison, how just a claim this writer has
to that candour he affects to possess. In the mean time, to convince him, and the advocates
for this system, that I possess some share of candor, I pledge myself to give up all
opposition to it, on the head of standing armies, if the power to raise them be restricted as
it is in the present confederation; and I believe I may safely answer, not only for myself,
but for all who make the objection, that they will be satisfied with less.
Anti-Federalist No. 25, Objections to a Standing Army (Part II) (Brutus essay No. X)
From the tenth letter of "BRUTUS" appearing in The New-York Journal, January 24,
1788.
24 January 1788
To the People of the State of New-York.
The liberties of a people are in danger from a large standing army, not only because the
rulers may employ them for the purposes of supporting themselves in any usurpations of
power, which they may see proper to exercise, but there is great hazard, that an army will
subvert the forms of the government, under whose authority, they are raised, and establish
one, according to the pleasure of their leader.
We are informed, in the faithful pages of history, of such events frequently happening.
Two instances have been mentioned in a former paper. They are so remarkable, that they
are worthy of the most careful attention of every lover of freedom.They are taken from
the history of the two most powerful nations that have ever existed in the world; and who
are the most renowned, for the freedom they enjoyed, and the excellency of their
constitutions:I mean Rome and Britain.
In the first, the liberties of the commonwealth was destroyed, and the constitution
overturned, by an army, lead by Julius Cesar, who was appointed to the command, by the
constitutional authority of that commonwealth. He changed it from a free republic, whose
fame had sounded, and is still celebrated by all the world, into that of the most absolute
despotism. A standing army effected this change, and a standing army supported it through
a succession of ages, which are marked in the annals of history, with the most horrid
cruelties, bloodshed, and carnage;The most devilish, beastly, and unnatural vices, that
ever punished or disgraced human nature.
The same army, that in Britain, vindicated the liberties of that people from the
encroachments and despotism of a tyrant king, assisted Cromwell, their General, in
wresting from the people, that liberty they had so dearly earned.
You may be told, these instances will not apply to our case:But those who would
persuade you to believe this, either mean to deceive you, or have not themselves
considered the subject.
I firmly believe, no country in the world had ever a more patriotic army, than the one
which so ably served this country, in the late war.
But had the General who commanded them, been possessed of the spirit of a Julius Cesar
or a Cromwell, the liberties of this country, had in all probability, terminated with the war;
or had they been maintained, might have cost more blood and treasure, than was expended
in the conflict with Great-Britain. When an anonimous writer addressed the officers of the
army at the close of the war, advising them not to part with their arms, until justice was
done themthe effect it had is well known. It affected them like an electric shock. He
wrote like Cesar; and had the commander in chief, and a few more officers of rank,
countenanced the measure, the desperate resolution had been taken, to refuse to disband.
What the consequences of such a determination would have been, heaven only knows.
The army were in the full vigor of health and spirits, in the habit of discipline, and
possessed of all our military stores and apparatus. They would have acquired great
accessions of strength from the country.Those who were disgusted at our republican
forms of government (for such there then were, of high rank among us) would have lent
them all their aid.We should in all probability have seen a constitution and laws, dictated
to us, at the head of an army, and at the point of a bayonet, and the liberties for which we
had so severely struggled, snatched from us in a moment. It remains a secret, yet to be
revealed, whether this measure was not suggested, or at least countenanced, by some, who
have had great influence in producing the present system.Fortunately indeed for this
country, it had at the head of the army, a patriot as well as a general; and many of our
principal officers, had not abandoned the characters of citizens, by assuming that of
soldiers, and therefore, the scheme proved abortive. But are we to expect, that this will
always be the case? Are we so much better than the people of other ages and of other
countries, that the same allurements of power and greatness, which led them aside from
their duty, will have no influence upon men in our country? Such an idea, is wild and
extravagant.Had we indulged such a delusion, enough has appeared in a little time past,
to convince the most credulous, that the passion for pomp, power and greatness, works as
powerfully in the hearts of many of our better sort, as it ever did in any country under
heaven.Were the same opportunity again to offer, we should very probably be grossly
disappointed, if we made dependence, that all who then rejected the overture, would do it
again.
From these remarks, it appears, that the evil to be feared from a large standing army in
time of peace, does not arise solely from the apprehension, that the rulers may employ
them for the purpose of promoting their own ambitious views, but that equal, and perhaps
greater danger, is to be apprehended from their overturning the constitutional powers of the
government, and assuming the power to dictate any form they please.
The advocates for power, in support of this right in the proposed government, urge that a
restraint upon the discretion of the legislatures, in respect to military establishments in time
of peace, would be improper to be imposed, because they say, it will be necessary to
maintain small garrisons on the frontiers, to guard against the depredations of the Indians,
and to be prepared to repel any encroachments or invasions that may be made by Spain or
Britain.
The amount of this argument striped of the abundant verbages with which the author has
dressed it, is this:
It will probably be necessary to keep up a small body of troops to garrison a few posts,
which it will be necessary to maintain, in order to guard against the sudden encroachments
of the Indians, or of the Spaniards and British; and therefore, the general government ought
to be invested with power to raise and keep up a standing army in time of peace, without
restraint; at their discretion.
I confess, I cannot perceive that the conclusion follows from the premises. Logicians say, it
is not good reasoning to infer a general conclusion from particular premises: though I am
not much of a Logician, it seems to me, this argument is very like that species of
reasoning.
When the patriots in the parliament in Great-Britain, contended with such force of
argument, and all the powers of eloquence, against keeping up standing armies in time of
peace, it is obvious, they never entertained an idea, that small garrisons on their frontiers,
or in the neighbourhood of powers, from whom they were in danger of encroachments, or
guards, to take care of public arsenals would thereby be prohibited.
The advocates for this power farther urge that it is necessary, because it may, and probably
will happen, that circumstances will render it requisite to raise an army to be prepared to
repel attacks of an enemy, before a formal declaration of war, which in modern times has
fallen into disuse. If the constitution prohibited the raising an army, until a war actually
commenced, it would deprive the government of the power of providing for the defence of
the country, until the enemy were within our territory. If the restriction is not to extend to
the raising armies in cases of emergency, but only to the keeping them up, this would leave
the matter to the discretion of the legislature; and they might, under the pretence that there
was danger of an invasion, keep up the army as long as they judged properand hence it
is inferred, that the legislature should have authority to raise and keep up an army without
any restriction. But from these premises nothing more will follow than this, that the
legislature should not be so restrained, as to put it out of their power to raise an army,
when such exigencies as are instanced shall arise. But it does not thence follow, that the
government should be empowered to raise and maintain standing armies at their discretion
as well in peace as in war. If indeed, it is impossible to vest the general government with
the power of raising troops to garrison the frontier posts, to guard arsenals, or to be
prepared to repel an attack, when we saw a power preparing to make one, without giving
them a general and indefinite authority, to raise and keep up armies, without any restriction
or qualification, then this reasoning might have weight; but this has not been proved nor
can it be.
It is admitted that to prohibit the general government, from keeping up standing armies,
while yet they were authorised to raise them in case of exigency, would be an insufficient
guard against the danger. A discretion of such latitude would give room to elude the force
of the provision.
It is also admitted that an absolute prohibition against raising troops, except in cases of
actual war, would be improper; because it will be requisite to raise and support a small
number of troops to garrison the important frontier posts, and to guard arsenals; and it may
happen, that the danger of an attack from a foreign power may be so imminent, as to render
it highly proper we should raise an army, in order to be prepared to resist them. But to raise
and keep up forces for such purposes and on such occasions, is not included in the idea, of
keeping up standing armies in times of peace.
It is a thing very practicable to give the government sufficient authority to provide for
these cases, and at the same time to provide a reasonable and competent security against
the evil of a standing armya clause to the following purpose would answer the end:
As standing armies in time of peace are dangerous to liberty, and have often been the
means of overturning the best constitutions of government, no standing army, or troops of
any description whatsoever, shall be raised or kept up by the legislature, except so many as
shall be necessary for guards to the arsenals of the United States, or for garrisons to such
posts on the frontiers, as it shall be deemed absolutely necessary to hold, to secure the
inhabitants, and facilitate the trade with the Indians: unless when the United States are
threatened with an attack or invasion from some foreign power, in which case the
legislature shall be authorised to raise an army to be prepared to repel the attack; provided
that no troops whatsoever shall be raised in time of peace, without the assent of two thirds
of the members, composing both houses of the legislature.
A clause similar to this would afford sufficient latitude to the legislature to raise troops in
all cases that were really necessary, and at the same time competent security against the
establishment of that dangerous engine of despotism a standing army.
The same writer who advances the arguments I have noticed, makes a number of other
observations with a view to prove that the power to raise and keep up armies, ought to be
discretionary in the general legislature; some of them are curious; he instances the raising
of troops in Massachusetts and Pennsylvania, to shew the necessity of keeping a standing
army in time of peace; the least reflection must convince every candid mind that both these
cases are totally foreign to his purposeMassachusetts raised a body of troops for six
months, at the expiration of which they were to disband of course; this looks very little like
a standing army. But beside, was that commonwealth in a state of peace at that time? So
far from it that they were in the most violent commotions and contents, and their
legislature had formally declared that an unnatural rebellion existed within the state. The
situation of Pennsylvania was similar; a number of armed men had levied war against the
authority of the state, and openly avowed their intention of withdrawing their allegiance
from it. To what purpose examples are brought, of states raising troops for short periods in
times of war or insurrections, on a question concerning the propriety of keeping up
standing armies in times of peace, the public must judge.
It is farther said, that no danger can arise from this power being lodged in the hands of the
general government, because the legislatures will be a check upon them, to prevent their
abusing it.
This is offered, as what force there is in it will hereafter receive a more particular
examination. At present, I shall only remark, that it is difficult to conceive how the state
legislatures can, in any case, hold a check over the general legislature, in a constitutional
way. The latter has, in every instance to which their powers extend, complete controul over
the former. The state legislatures can, in no case, by law, resolution, or otherwise, of right,
prevent or impede the general government, from enacting any law, or executing it, which
this constitution authorizes them to enact or execute. If then the state legislatures check the
general legislatures [sic], it must be by exciting the people to resist constitutional laws. In
this way every individual, or every body of men, may check any government, in proportion
to the influence they may have over the body of the people. But such kinds of checks as
these, though they sometimes correct the abuses of government, oftner destroy all
government.
It is further said, that no danger is to be apprehended from the exercise of this power,
because it is lodged in the hands of representatives of the people; if they abuse it, it is in
the power of the people to remove them, and chuse others who will pursue their interests.
Not to repeat what has been said before, That it is unwise in any people, to authorize their
rulers to do, what, if done, would prove injuriousI have, in some former numbers,
shewn, that the representation in the proposed government will be a mere shadow without
the substance. I am so confident that I am well founded in this opinion, that I am
persuaded, if it was to be adopted or rejected, upon a fair discussion of its merits, without
taking into contemplation circumstances extraneous to it, as reasons for its adoption,
nineteen-twentieths of the sensible men in the union would reject it on this account alone;
unless its powers were confined to much fewer objects than it embraces.
Anti-Federalist No. 26, The Use of Coercion by the New Government (Part I)
"A FARMER AND PLANTER" had his work printed in The Maryland Journal, and
Baltimore Advertiser, April 1, 1788.
1 April 1788
by A Farmer and Planter
The time is nearly at hand, when you are called upon to render up that glorious liberty you
obtained, by resisting the tyranny and oppression of George the Third, King of England,
and his ministers. The first Monday in April is the day appointed by our assembly, for you
to meet and choose delegates in each county, to take into consideration the new Federal
Government, and either adopt or refuse it. Let me entreat you, my fellows, to consider well
what you are about. Read the said constitution, and consider it well before you act. I have
done so, and can find that we are to receive but little good, and a great deal of evil.
Aristocracy, or government in the hands of a very few nobles, or RICH MEN, is therein
concealed in the most artful wrote plan that ever was formed to entrap a free people. The
contrivers of it have so completely entrapped you, and laid their plans so sure and secretly,
that they have only left you to do one of two thingsthat is either to receive or refuse it.
And in order to bring you into their snare, you may daily read new pieces published in the
newspapers, in favor of this new government; and should a writer dare to publish any piece
against it, he is immediately abused and vilified.
Look round you and observe well the RICH MEN, who are to be your only rulers, lords
and masters in future! Are they not all for it? Yes! Ought not this to put you on your
guard? Does not riches beget power, and power, oppression and tyranny?
I am told that four of the richest men in Ann-Arundel County [Maryland], have offered
themselves candidates to serve in the convention, who are all in favor of the new Federal
Government. Let me beg of you to reflect a moment on the danger you run. If you choose
these men, or others like them, they certainly will do everything in their power to adopt the
new government. Should they succeed, your liberty is gone forever; and you will then be
nothing better than a strong ass crouching down between two burdens. The new form of
government gives Congress liberty at any time, by their laws, to alter the state laws, and
the time, places and manner of holding elections for representatives. By this clause they
may command, by their laws, the people of Maryland to go to Georgia, and the people of
Georgia to go to Boston, to choose their representatives. Congress, or our future lords and
masters, are to have power to lay and collect taxes, duties, imposts, and excises. Excise is a
new thing in America, and few country farmers and planters know the meaning of it. But it
is not so in Old England, where I have seen the effects of it, and felt the smart. It is there a
duty, or tax, laid upon almost every necessary of life and convenience, and a great number
of other articles. The excise on salt in the year 1762, to the best of my recollection, in
England, was 4s. sterling per bushel, for all that was made use of in families; and the price
of salt per bushel about 6s. sterling, and the excise 4s.6d. on every gallon of rum made use
of. If a private family make their own soap, candles, beer, cider, etc., they pay an excise
duty on them. And if they neglect calling in an excise officer at the time of making these
things, they are liable to grievous fines and forfeitures, besides a long train of evils and
inconveniences attending this detestable exciseto enumerate particularly would fill a
volume. The excise officers have power to enter your houses at all times, by night or day,
and if you refuse them entrance, they can, under pretense of searching for exciseable
goods, that the duty has not been paid on, break open your doors, chests, trunks, desks,
boxes, and rummage your houses from bottom to top. Nay, they often search the clothes,
petticoats and pockets of ladies or gentlemen (particularly when they are coming from on
board an East-India ship), and if they find any the least article that you cannot prove the
duty to be paid on, seize it and carry it away with them; who are the very scum and refuse
of mankind, who value not their oaths, and will break them for a shilling. This is their true
character in England, and I speak from experience, for I have had the opportunity of
putting their virtue to the test, and saw two of them break their oath for one guinea, and a
third for one shilling's worth of punch. What do you think of a law to let loose such a set of
vile officers among you! Do you expect the Congress excise-officers will be any betterif
God, in his anger, should think it proper to punish us for our ignorance, and sins of
ingratitude to him, after carrying us through the late war, and giving us liberty, and now so
tamely to give it up by adopting this aristocratical government?
Representatives and direct taxes shall be apportioned among the several states which may
be included within this union according to their respective numbers. This seems to imply,
that we shall be taxed by the poll again, which is contrary to our Bill of Rights. But it is
possible that the rich men, who are the great land holders, will tax us in this manner, which
will exempt them from paying assessments on their great bodies of land in the old and new
parts of the United States; many of them having but few taxable by the poll. Our great
Lords and Masters are to lay taxes, raise and support armies, provide a navy, and may
appropriate money for two years, call forth the militia to execute their laws, suppress
insurrections, and the President is to have the command of the militia. Now, my
countrymen, I would ask you, why are all these things directed and put into their power?
Why, I conceive, they are to keep you in a good humor; and if you should, at any time,
think you are imposed upon by Congress and your great Lords and Masters, and refuse or
delay to pay your taxes, or do anything that they shall think proper to order you to do, they
can, and I have not a doubt but they will, send the militia of Pennsylvania, Boston, or any
other state or place, to cut your throats, ravage and destroy your plantations, drive away
your cattle and horses, abuse your wives, kill your infants, and ravish your daughters, and
live in free quarters, until you get into a good humor, and pay all that they may think
proper to ask of you, and you become good and faithful servants and slaves.[12] Such
things have been done, and I have no doubt will be done again, if you consent to the
adoption of this new Federal Government. You labored under many hardships while the
British tyrannized over you! You fought, conquered and gained your libertythen keep it,
I pray you, as a precious jewel. Trust it not out of your own hands; be assured, if you do,
you will never more regain it. The train is laid, the match is on fire, and they only wait for
yourselves to put it to the train, to blow up all your liberty and commonwealth
governments, and introduce aristocracy and monarchy, and despotism will follow of course
in a few years. Four-years President will be in time a King for life; and after him, his son,
or he that has the greatest power among them, will be King also. View your danger, and
find out good men to represent you in convention-men of your own profession and station
in life; men who will not adopt this destructive and diabolical form of a federal
government. There are many among you that will not be led by the nose by rich men, and
would scorn a bribe. Rich men can live easy under any government, be it ever so
tyrannical. They come in for a great share of the tyranny, because they are the ministers of
tyrants, and always engross the places of honor and profit, while the greater part of the
common people are led by the nose, and played about by these very men, for the
destruction of themselves and their class. Be wise, be virtuous, and catch the precious
moment as it passes, to refuse this newfangled federal government, and extricate
yourselves and posterity from tyranny, oppression, aristocratical or monarchical
government.
A Farmer and Planter
Anti-Federalist No. 27, The Use of Coercion by the New Government (Part II)
"JOHN HUMBLE's" following piece was published in the Independent Gazetteer, October
29, 1787.
By John Humble
October 29, 1787
The humble address of the low-born of the United States of America, to their fellow slaves
scattered throughout the world-greeting:
Whereas it hath been represented unto us that a most dreadful disease hath for these five
years last past infected, preyed upon and almost ruined the government and people of this
our country; and of this malady we ourselves have had perfect demonstration, not
mentally, but bodily, through every one of the five senses. For although our sensations in
regard to the mind be not just so nice as those of the well born, yet our feeling, through the
medium of the plow, the hoe and the grubbing ax, is as acute as any nobleman's in the
world. And, whereas, a number of skillful physicians having met together at Philadelphia
last summer, for the purpose of exploring, and, if possible, removing the cause of this
direful disease, have, through the assistance of John Adams, Esq., in the profundity of their
great political knowledge, found out and discovered that nothing but a new government,
consisting of three different branches, namely, king, lords, and commons or, in the
American language, President, Senate and Representatives-can save this, our country, from
inevitable destruction. And, whereas, it has been reported that several of our low-born
brethren have had the horrid audacity to think for themselves in regard to this new system
of government, and, dreadful thought! have wickedly begun to doubt concerning the
perfection of this evangelical constitution, which our political doctors have declared to be a
panacea, which (by inspiration) they know will infallibly heal every distemper in the
confederation, and finally terminate in the salvation of America.
Now we the low born, that is, all the people of the United States, except 600 thereabouts,
well born, do by this our humble address, declare and most solemnly engage, that we will
allow and admit the said 600 well born, immediately to establish and confirm this most
noble, most excellent and truly divine constitution. And we further declare that without any
equivocation or mental reservation whatever we will support and maintain the same
according to the best of our power, and after the manner and custom of all other slaves in
foreign countries, namely by the sweat and toil of our body. Nor will we at any future
period of time ever attempt to complain of this our royal government, let the consequences
be what they may.
And although it appears to us that a standing army, composed of the purgings of the jails of
Great Britain, Ireland and Germany, shall be employed in collecting the revenues of this
our king and government, yet, we again in the most solemn manner declare, that we will
abide by our present determination of non- resistance and passive obedience-so that we
shall not dare to molest or disturb those military gentlemen in the service of our royal
government. And (which is not improbable) should any one of those soldiers when
employed on duty in collecting the taxes, strike off the arm (with his sword) of one of our
fellow slaves, we will conceive our case remarkably fortunate if he leaves the other arm
on. And moreover, because we are aware that many of our fellow slaves shall be unable to
pay their taxes, and this incapacity of theirs is a just cause of impeachment of treason;
wherefore in such cases we will use our utmost endeavors, in conjunction with the standing
army, to bring such atrocious offenders before our federal judges, who shall have power,
without jury or trial, to order the said miscreants for immediate execution; nor will we
think their sentence severe unless after being hanged they are also to be both beheaded and
quartered. And finally we shall henceforth and forever leave all power, authority and
dominion over our persons and properties in the hands of the well born, who were
designed by Providence to govern. And in regard to the liberty of the press, we renounce
all claim to it forever more, Amen; and we shall in future be perfectly contented if our
tongues be left us to lick the feet of our well born masters.
Done on behalf of three millions of low-born American
JOHN HUMBLE, Secretary
Anti-Federalist No. 28, The Use of Coercion by the New Government (Part III)
This essay was published in either the (Philadelphia) Freeman's Journal; or, The North-
American Intelligencer, January 16, 1788.
January 16, 1788
The Congress under the new Constitution have the power "of organizing, arming and
disciplining the militia, and of governing them when in the service of the United States,
giving to the separate States the appointment of the officers and the authority of training
the militia according to the discipline prescribed by Congress." Let us inquire why they
have assumed this great power. Was it to strengthen the power which is now lodged in
your hands, and relying upon you and you solely for aid and support to the civil power in
the execution of all the laws of the new Congress? Is this probable? Does the complexion
of this new plan countenance such a supposition? When they unprecedently claim the
power of raising and supporting armies, do they tell you for what purposes they are to be
raised? How they are to be employed? How many they are to consist of, and where to be
stationed? Is this power fettered with any one of those restrictions, which will show they
depend upon the militia, and not upon this infernal engine of oppression to execute their
civil laws? The nature of the demand in itself contradicts such a supposition, and forces
you to believe that it is for none of these causes-but rather for the purpose of consolidating
and finally destroying your strength, as your respective governments are to be destroyed.
They well know the impolicy of putting or keeping arms in the hands of a nervous people,
at a distance from the seat of a government, upon whom they mean to exercise the powers
granted in that government. They have no idea of calling upon or trusting to the party
aggrieved to support and enforce their own grievances, (notwithstanding they may select
and subject them to as strict subordination as regular troops) unless they have a standing
army to back and compel the execution of their orders. It is asserted by the most
respectable writers upon government, that a well regulated militia, composed of the
yeomanry of the country, have ever been considered as the bulwark of a free people.
Tyrants have never placed any confidence on a militia composed of freemen. Experience
has taught them that a standing body of regular forces, whenever they can be completely
introduced, are always efficacious in enforcing their edicts, however arbitrary; and slaves
by profession themselves, are "nothing loth" to break down the barriers of freedom with a
gout. No, my fellow citizens, this plainly shows they do not mean to depend upon the
citizens of the States alone to enforce their powers. They mean to lean upon something
more substantial and summary. They have left the appointment of officers in the breasts of
the several States; but this appears to me an insult rather than a privilege, for what avails
this right if they at their pleasure may arm or disarm all or any part of the freemen of the
United States, so that when their army is sufficiently numerous, they may put it out of the
power of the freemen militia of America to assert and defend their liberties, however they
might be encroached upon by Congress. Does any, after reading this provision for a regular
standing army, suppose that they intended to apply to the militia in all cases, and to pay
particular attention to making them the bulwark of this continent? And would they not be
equal to such an undertaking? Are they not abundantly able to give security and stability to
your government as long as it is free? Are they not the only proper persons to do it? Are
they not the most respectable body of yeomanry in that character upon earth? Have they
not been engaged in some of the most brilliant actions in America, and more than once
decided the fate of princes? In short, do they not preclude the necessity of any standing
army whatsoever, unless in case of invasion? And in that case it would be time enough to
raise them, for no free government under heaven, with a well disciplined militia, was ever
yet subdued by mercenary troops.
The advocates at the present day, for a standing army in the new Congress, pretend it is
necessary for the respectability of government. I defy them to produce an instance in any
country, in the Old or New World, where they have not finally done away the liberties of
the people. Every writer upon government-- Locke, Sidney, Hampden, and a list of others
have uniformly asserted, that standing armies are a solecism in any government; that no
nation ever supported them, that did not resort to, rely upon, and finally become a prey to
them. No western historians have yet been hardy enough to advance principles that look a
different way. What historians have asserted, all the Grecian republics have verified. They
are brought up to obedience and unconditional submission; with arms in their bands, they
are taught to feel the weight of rigid discipline; they are excluded from the enjoyments
which liberty gives to its votaries; they, in consequence, hate and envy the rest of the
community in which they are placed, and indulge a malignant pleasure in destroying those
privileges to which they never can be admitted. "Without a standing army," (says the
Marquis of Beccaria), "in every society there is an effort constantly tending to confer on
one part the height and to reduce the other to the extreme of weakness, and this is of itself
sufficient to employ the people's attention." There is no instance of any government being
reduced to a confirmed tyranny without military oppression. And the first policy of tyrants
has been to annihilate all other means of national activity and defense, when they feared
opposition, and to rely solely upon standing troops. Repeated were the trials, before the
sovereigns of Europe dared to introduce them upon any pretext whatever; and the whole
record of the transactions of mankind cannot furnish an instance, (unless the proposed
constitution may be called part of that record) where the motives which caused that
establishment were not completely disguised. Peisistratus in Greece, and Dionysius in
Syracuse, Charles in France, and Henry in England, all cloaked their villainous intentions
under an idea of raising a small body as a guard for their persons; and Spain could not
succeed in the same nefarious plan, until thro' the influence of an ambitious priest (who
have in all countries and in all ages, even at this day, encouraged and preached up arbitrary
power) they obtained it. "Caesar, who first attacked the commonwealth with mines, very
soon opened his batteries." Notwithstanding all these objections to this engine of
oppression, which are made by the most experienced men, and confirmed by every country
where the rays of freedom ever extended-yet in America, which has hitherto been her
favorite abode; in this civilized territory, where property is so valuable, and men are found
with feelings that win not patiently submit to arbitrary control; in this western region,
where, my fellow countrymen, it is confessedly proper that you should associate and dwell
in society from choice and reflection, and not be kept together by force and fear-you are
modestly requested to engraft into the component parts of your constitution a Standing
Army, without any qualifying restraints whatever, certainly to exist somewhere in the
bowels of your country in time of peace. It is very true that Lawyer [James] Wilson-
member of the Federal Convention, and who we may suppose breathes in some measure
the spirit of that body-tells you it is for the purpose of forming cantonments upon your
frontiers, and for the dignity and safety of your country, as it respects foreign nations. No
man that loves his country could object to their being raised for the first of these causes,
but for the last it cannot be necessary. God has so separated us by an extensive ocean from
the rest of mankind; he hath so liberally endowed us with privileges, and so abundantly
taught us to esteem them precious, it would be impossible while we retain our integrity,
and advert to first principles, for any nation whatever to subdue us. We have succeeded in
our opposition to the most powerful people upon the globe; and the wound that America
received in the struggle, where is it? As speedily healed as the track in the ocean is buried
by the succeeding wave. It has scarcely stopped her progress, and our private dissensions
only, at this moment, tarnish the lustre of the most illustrious infant nation under heaven.
You cannot help suspecting this gentleman [James Wilson], when he goes on to tell you
"that standing armies in time of peace have always been a topic of popular declamation,
but Europe hath found them necessary to maintain the appearance of strength in a season
of the most profound tranquility." This shows you his opinion-and that he, as one of the
Convention, was for unequivocally establishing them in time of peace; and to object to
them, is a mere popular declamation. But I will not, my countrymen-I cannot believe you
to be of the same sentiment. Where is the standing army in the world that, like the musket
they make use of, hath been in time of peace brightened and burnished for the sake only of
maintaining an appearance of strength, without being put to a different use-without having
had a pernicious influence upon the morals, the habits, and the sentiments of society, and
finally, taking a chief part in executing its laws? . . .
If tyranny is at all feared, the tyranny of the many is to be guarded against MORE than that
of a single person. The Athenians found by sad experience, that 30 tyrants were thirty
times worse than one. A bad aristocracy is thirty times worse than a bad monarchy,
allowing each to have a standing army as unrestricted as in the proposed constitution.
If the people are not in general disposed to execute the powers of government, it is time to
suspect there is something wrong in that government; and rather than employ a standing
army, they had better have another. For, in my humble opinion, it is yet much too early to
set it down for a fact, that mankind cannot be governed but by force.
Anti-Federalist No. 29, Objections to National Control of the Militia
"A DEMOCRATIC FEDERALIST," appeared in "the Pennsylvania Packet," October 23,

1787; following #29, #30 is excerpted from THE ADDRESS AND REASONS OF DISSENT
OF THE MINORITY OF THE CONVENTION OF THE STATE OF PENNSYLVANIA TO
THEIR CONSTITUENTS, December 12, 1787.
After the Pennsylvania Convention ratified the new constitution on December 12, 1787, by
a vote of 46 to 23, twenty-one members of the minority signed a dissenting address that
appeared in the Pennsylvania Packet and Daily Advertiser on December 18, 1787. The
address was subsequently reprinted, often in Pennsylvania and other states, becoming in
some way a semi-official statement of anti-federalist objections to the new Constitution.
The author of the address was probably the same as the author of "Centinel," Samuel
Bryan; at least there are notable similarities between the two works, and Bryan later
claimed authorship in letters to Jefferson and to Albert Gallatin.
23 October 1787
by A Democratic Federalist
Hume, an aristocratical writer, has candidly confessed that an army is a moral distemper in
a government, of which it must at last inevitably perish (2d Burgh, 349); and the Earl of
Oxford (Oxford the friend of France and the Pretender, the attainted Oxford), said in the
British parliament, in a speech on the mutiny bill, that, "While he had breath he would
speak for the liberties of his country, and against courts martial and a standing army in
peace, as dangerous to the Constitution." (Ibid., page 455.) Such were the speeches even of
the enemies of liberty when Britain had yet a right to be called free. But, says Mr. [James]
Wilson, "It is necessary to maintain the appearance of strength even in times of the most
profound tranquillity." And what is this more than a threadbare hackneyed argument,
which has been answered over and over in different ages, and does not deserve even the
smallest consideration? Had we a standing army when the British invaded our peaceful
shores? Was it a standing army that gained the battles of Lexington and Bunker Hill, and
took the ill-fated Burgoyne? Is not a well-regulated militia sufficient for every purpose of
internal defense? And which of you, my fellow citizens, is afraid of any invasion from
foreign powers that our brave militia would not be able immediately to repel?
Mr. Wilson says, that he does not know of any nation in the world which has not found it
necessary to maintain the appearance of strength in a season of the most profound
tranquillity. If by this equivocal assertion he has meant to say that there is no nation in the
world without a standing army in time of peace, he has been mistaken. I need only adduce
the example of Switzerland, which, like us, is a republic, whose thirteen cantons, like our
thirteen States, are under a federal government, and which besides is surrounded by the
most powerful nations in Europe, all jealous of its liberty and prosperity. And yet that
nation has preserved its freedom for many ages, with the sole help of a militia, and has
never been known to have a standing army, except when in actual war. Why should we not
follow so glorious an example; and are we less able to defend our liberty without an army,
than that brave but small nation which, with its militia alone has hitherto defied all
Europe?
A Democratic Federalist
Melancton Smith, The Address and Reasons of Dissent of the Minority of the Convention
of the State of Pennsylvania to their Constituents
The framers of this constitution appear to have been . . . sensible that no dependence could
be placed on the people for their support; but on the contrary, that the government must be
executed by force. They have therefore made a provision for this purpose in a permanent
standing army and a militia that may be objected to as strict discipline and government.
A standing army in the hands of a government placed so independent of the people, may be
made a fatal instrument to overturn the public liberties; it may be employed to enforce the
collection of the most oppressive taxes; and to carry into execution the most arbitrary
measures. An ambitious man who may have the army at his devotion, may step up into the
throne, and seize upon absolute power.
The absolute unqualified command that Congress have over the militia may be made
instrumental to the destruction of all liberty both public and private; whether of a personal,
civil or religious nature.
First, the personal liberty of every man, probably from sixteen to sixty years of age, may
be destroyed by the power Congress have in organizing and governing of the militia. As
militia they may be subjected to fines to any amount, levied in a military manner; they may
be subjected to corporal punishments of the most disgraceful and humiliating kind; and to
death itself, by the sentence of a court martial. To this our young men will be more
immediately subjected, as a select militia, composed of them, will best answer the
purposes of government.
Secondly, the rights of conscience may be violated, as there is no exemption of those

persons who are conscientiously scrupulous of hearing arms. These compose a respectable
proportion of the community in the State [Pennsylvania]. This is the more remarkable,
because even when the distresses of the late war and the evident disaffection of many
citizens of that description inflamed our passions, and when every person who was obliged
to risk his own life must have been exasperated against such as on any account kept back
from the common danger, yet even then, when outrage and violence might have been
expected, the rights of conscience were held sacred.
At this momentous crisis, the framers of our State Constitution made the most express and
decided declaration and stipulations in favor of the rights of conscience; but now, when no
necessity exists, those dearest rights of men are left insecure.

Thirdly, the absolute command of Congress over the militia may be destructive of public
liberty; for under the guidance of an arbitrary government, they may be made the unwilling
instruments of tyranny. The militia of Pennsylvania may be marched to New England or
Virginia to quell an insurrection occasioned by the most galling oppression, and aided by
the standing army, they will no doubt be successful in subduing their liberty and
independency. But in so doing, although the magnanimity of their minds will be
extinguished, yet the meaner passions of resentment and revenge will be increased, and
these in turn will be the ready and obedient instruments of despotism to enslave the others;
and that with an irritated vengeance. Thus may the militia be made the instruments of
crushing the last efforts of expiring liberty, of riveting the chains of despotism on their
fellow-citizens, and on one another. This power can be exercised not only without
violating the Constitution, but in strict conformity with it; it is calculated for this express
purpose, and will doubtless be executed accordingly.
As this government will not enjoy the confidence of the people, but be executed by force,
it will be a very expensive and burdensome government. The standing army must be
numerous, and as a further support, it wilt be the policy of this government to multiply
officers in every department; judges, collectors, tax-gatherers, excisemen and the whole
host of revenue officers, will swarm over the land, devouring the hard earnings of the
industrious like the locusts of old, impoverishing and desolating all before them. . . .

Anti-Federalist No. 30-31, A Virginia Antifederalist on the Issue of Taxation
From The Freeman's Journal; or, The North-American Intelligencer, October 31, 1787.
by Cato Uticensis
. It has been the language, since the peace, of the most virtuous and discerning men in
America, that the powers vested in Congress were inadequate to the procuring of the
benefits that should result from the union. It was found that our national character was
sinking in the opinion of foreign nations, and that the selfish views of some of the states
were likely to become the source of dangerous jealousy. The requisitions of Congress were
set at naught; the government, that represented the union, had not a shilling in its treasury
to enable it to pay off the federal debts, nor had it any method within its power to alter its
situation. It could make treaties of commerce, but could not enforce the observance of
them; and it was felt that we were suffering from the restrictions of foreign nations, who
seeing the want of energy in our federal constitution, and the unlikelihood of cooperation
in thirteen separate legislatures, had shackled our commerce, without any dread of
recrimination on our part. To obviate these grievances, it was I believe the general opinion,
that new powers should be vested in Congress to enable it, in the amplest manner, to
regulate the commerce, to lay and collect duties on the imports of the United States.
Delegates were appointed by most of them, for those purposes, to a convention to be held
at Annapolis in the September before last. A few of them met, and without waiting for the
others, who were coming on, they dissolved the conventionafter resolving among
themselves, that the powers vested in them were not sufficiently extensive; and that they
would apply to the legislatures of the several states, which they represented, to appoint
members to another convention, with powers to new model the federal constitution. This,
indeed, it has now done in the most unequivocal manner; nor has it stopped here, for it has
fairly annihilated the constitution of each individual state. It has proposed to you a high
prerogative government, which, like Aaron's serpent, is to swallow up the rest. This is what
the thinking people in America were apprehensive of. They knew how difficult it is to hit
the golden mean, how natural the transition is from one extreme to anotherfrom anarchy
to tyranny, from the inconvenient laxity of thirteen separate governments to the too sharp
and grinding one, before which our sovereignty, as a state, was to vanish.
In Art. I, Sect. 8, of the proposed constitution, it is said, "Congress shall have power to lay
and collect taxes, duties, imposts, and excises." Are you then, Virginians, about to abandon
your country to the depredations of excisemen, and the pressure of excise laws? Did it ever
enter the mind of any one of you, that you could live to see the day, that any other
government but the General Assembly of Virginia should have power of direct taxation in
this state? How few of you ever expected to see excise laws, those instruments of tyranny,
in force in your country? But who could imagine, that any man but a Virginian, were they
found to be necessary, would ever have a voice towards enacting them? That any tribunal,
but the courts of Virginia, would be allowed to take cognizance of disputes between her
citizens and their tax gatherers and excisemen? And that, if ever it should be found
necessary to curse this land with these hateful excisemen, any one, but a fellow citizen,
should be entrusted with that office?

For my part, I cannot discover the necessity there was of allowing Congress to subject us
to excise laws, unlessthat considering the extensiveness of the single republic into which
this constitution would collect all the others, and the well known difficulty of governing
large republics with harmony and easeit was thought expedient to bit our mouths with
massive curbs, to break us, bridled with excise laws and managed by excisemen, into an
uniform, sober pace, and thus, gradually, tame the troublesome mettle of freemen. This
necessity could not, surely, arise from the desire of furnishing Congress with a sufficient
revenue to enable it to exercise the prerogatives which every friend to America would wish
to see vested in it. As it would, by unanimous consent, have the management of the impost,
it could increase it to any amount, and this would fall sufficiently uniform on every one,
according to his ability. Or, were this not found sufficient, could not the deficiency be
made up by requisitions to the states? Could it not have been made an article of the federal
constitution, that, if any of them refused their quota, Congress may be allowed to make it
up by an increase of the impost on that particular state so refusing? This would, surely, be
a sufficient security to Congress, that their requisitions would be punctually complied with.
In any dispute between you and the revenue officers and excisemen of Congress, it is true
that it is provided the trial shall be in the first instance within the state, though before a
federal tribunal. It is said in par. 3, sect. 2, art. 3, "The trial of all crimes except in cases of
impeachments shall be by jury; and such trial shall be held in the state where the crime
shall be committed." But what does this avail, when an appeal will lie against you to the
supreme federal court. In the paragraph preceding the one just now quoted, it is said, "In all
cases affecting ambassadors, other public ministers and consuls, and those in which a state
shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases
before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and
fact, with such exceptions and under such regulations as the Congress shall make." But
where is this Supreme Court to sit? Will it not be where Congress shall fix its residence?
Thither then you will be carried for trial. Who are to be your jury? Is there any provision
made that you shall have a Venire from your county, or even from your state, as they
please to call it? Not You are to be tried within the territory of Congress, and Congress
itself is to be a party. You are to be deprived of the benefit of a jury from your vicinage,
that boast and birthright of a freeman.
Should it not at least have been provided, that those revenue officers and excisemen
against whom free governments have always justly entertained a jealousyshould be
citizens of the state? Was it inadmissible that they should be endued with the bowels of
fellow citizens? Are we not to expect that New England will now send us revenue officers
instead of onions and apples? When you observe that the few places already under
Congress in this state are in the hands of strangers, you will own that my suspicion is not
without some foundation. And if the first cause of it be required, those who have served in
Congress can tell you that the New England delegates to that assembly have always stood
by each other, and have formed a firm phalanx, which the southern delegates have not;
that, on the contrary, the maneuvers of the former have been commonly engaged, with
success, in dividing the latter against each other.

Anti-Federalist No. 32, Federal Taxation and the Doctrine of Implied Powers (Part I)
(Brutus essay No. V)
13 December 1787
A powerful rebuttal of Hamilton, the logic of Brutus can be found in a supreme Court
decision of 1819, McCulloch v. Maryland. Taken from "Brutus" fifth essay, The New-York
Journal of December 13, 1787.
To the People of the State of New-York.
It was intended in this Number to have prosecuted the enquiry into the organization of this
new system; particularly to have considered the dangerous and premature union of the
President and Senate, and the mixture of legislative, executive, and judicial powers in the
Senate.
But there is such an intimate connection between the several branches in whom the
different species of authority is lodged, and the powers with which they are invested, that
on reflection it seems necessary first to proceed to examine the nature and extent of the
powers granted to the legislature.
This enquiry will assist us the better to determine, whether the legislature is so constituted,
as to provide proper checks and restrictions for the security of our rights, and to guard
against the abuse of powerFor the means should be suited to the end; a government
should be framed with a view to the objects to which it extends: if these be few in number,
and of such a nature as to give but small occasion or opportunity to work oppression in the
exercise of authority, there will be less need of a numerous representation, and special
guards against abuse, than if the powers of the government are very extensive, and include
a great variety of cases. It will also be found necessary to examine the extent of these
powers, in order to form a just opinion how far this system can be considered as a
confederation, or a consolidation of the states. Many of the advocates for, and most of the
opponents to this system, agree that the form of government most suitable for the United
States, is that of a confederation. The idea of a confederated government is that of a
number of independent states entering into a compact, for the conducting certain general
concerns, in which they have a common interest, leaving the management of their internal
and local affairs to their separate governments. But whether the system proposed is of this
nature cannot be determined without a strict enquiry into the powers proposed to be
granted.
This constitution considers the people of the several states as one body corporate, and is
intended as an original compact, it will therefore dissolve all contracts which may be
inconsistent with it. This not only results from its nature, but is expressly declared in the
6th article of it. The design of the constitution is expressed in the preamble, to be, "in order
to form a more perfect union, to establish justice, insure domestic tranquility, provide for
the common defence, promote the general welfare, and secure the blessings of liberty to
ourselves and posterity." These are the ends this government is to accomplish, and for
which it is invested with certain powers, among these is the power "to make all laws which
are necessary and proper for carrying into execution the foregoing powers, and all other
powers vested by this constitution in the government of the United States, or in any
department or officer thereof." It is a rule in construing a law to consider the objects the
legislature had in view in passing it, and to give it such an explanation as to promote their
intention. The same rule will apply in explaining a constitution. The great objects then are
declared in this preamble in general and indefinite terms to be to provide for the common
defence, promote the general welfare, and an express power being vested in the legislature
to make all laws which shall be necessary and proper for carrying into execution all the
powers vested in the general government. The inference is natural that the legislature will
have an authority to make all laws which they shall judge necessary for the common
safety, and to promote the general welfare. This amounts to a power to make laws at
discretion: No terms can be found more indefinite than these, and it is obvious, that the
legislature alone must judge what laws are proper and necessary for the purpose. It may be
said, that this way of explaining the constitution, is torturing and making it speak what it
never intended. This is far from my intention, and I shall not even insist upon this implied
power, but join issue with those who say we are to collect the idea of the powers given
from the express words of the clauses granting them; and it will not be difficult to shew
that the same authority is expressly given which is supposed to be implied in the forgoing
paragraphs.
In the 1st article, 8th section, it is declared, "that Congress shall have power to lay and
collect taxes, duties, imposts and excises, to pay the debts, and provide for the common
defence, and general welfare of the United States." In the preamble, the intent of the
constitution, among other things, is declared to be to provide for the common defence, and
promote the general welfare, and in this clause the power is in express words given to
Congress "to provide for the common defence, and general welfare."And in the last
paragraph of the same section there is an express authority to make all laws which shall be
necessary and proper for carrying into execution this power. It is therefore evident, that the
legislature under this constitution may pass any law which they may think proper. It is true
the 9th section restrains their power with respect to certain objects. But these restrictions
are very limited, some of them improper, some unimportant, and others not easily
understood, as I shall hereafter shew. It has been urged that the meaning I give to this part
of the constitution is not the true one, that the intent of it is to confer on the legislature the
power to lay and collect taxes, etc. in order to provide for the common defence and general
welfare. To this I would reply, that the meaning and intent of the constitution is to be
collected from the words of it, and I submit to the public, whether the construction I have
given it is not the most natural and easy. But admitting the contrary opinion to prevail, I
shall nevertheless, be able to shew, that the same powers are substantially vested in the
general government, by several other articles in the constitution. It invests the legislature
with authority to lay and collect taxes, duties, imposts and excises, in order to provide for
the common defence, and promote the general welfare, and to pass all laws which shall be
necessary and proper for carrying this power into effect. To comprehend the extent of this
authority, it will be requisite to examine 1st. what is included in this power to lay and
collect taxes, duties, imposts and excises.
2d. What is implied in the authority, to pass all laws which shall be necessary and proper
for carrying this power into execution.
3d. What limitation, if any, is set to the exercise of this power by the constitution.
1st. To detail the particulars comprehended in the general terms, taxes, duties, imposts and
excises, would require a volume, instead of a single piece in a news-paper. Indeed it would
be a task far beyond my ability, and to which no one can be competent, unless possessed of
a mind capable of comprehending every possible source of revenue; for they extend to
every possible way of raising money, whether by direct or indirect taxation. Under this
clause may be imposed a poll-tax, a land-tax, a tax on houses and buildings, on windows
and fire places, on cattle and on all kinds of personal property:It extends to duties on all
kinds of goods to any amount, to tonnage and poundage on vessels, to duties on written
instruments, newspapers, almanacks, and books:It comprehends an excise on all kinds of
liquors, spirits, wines, cyder, beer, etc. and indeed takes in duty or excise on every
necessary or conveniency of life; whether of foreign or home growth or manufactory. In
short, we can have no conception of any way in which a government can raise money from
the people, but what is included in one or other of three general terms. We may say then
that this clause commits to the hands of the general legislature every conceivable source of
revenue within the United States. Not only are these terms very comprehensive, and extend
to a vast number of objects, but the power to lay and collect has great latitude; it will lead
to the passing a vast number of laws, which may affect the personal rights of the citizens of
the states, expose their property to fines and confiscation, and put their lives in jeopardy: it
opens a door to the appointment of a swarm of revenue and excise officers to pray [sic]
upon the honest and industrious part of the community, eat up their substance, and riot on
the spoils of the country.
2d. We will next enquire into what is implied in the authority to pass all laws which shall
be necessary and proper to carry this power into execution.
It is, perhaps, utterly impossible fully to define this power. The authority granted in the
first clause can only be understood in its full extent, by descending to all the particular
cases in which a revenue can be raised; the number and variety of these cases are so
endless, and as it were infinite, that no man living has, as yet, been able to reckon them up.
The greatest geniuses in the world have been for ages employed in the research, and when
mankind had supposed that the subject was exhausted they have been astonished with the
refined improvements that have been made in modem times, and especially in the English
nation on the subjectIf then the objects of this power cannot be comprehended, how is it
possible to understand the extent of that power which can pass all laws which shall be
necessary and proper for carrying it into execution? It is truly incomprehensible. A case
cannot be conceived of, which is not included in this power. It is well known that the
subject of revenue is the most difficult and extensive in the science of government. It
requires the greatest talents of a statesman, and the most numerous and exact provisions of
the legislature. The command of the revenues of a state gives the command of every thing
in it.He that has the purse will have the sword, and they that have both, have every
thing; so that the legislature having every source from which money can be drawn under
their direction, with a right to make all laws necessary and proper for drawing forth all the
resource of the country, would have, in fact, all power.
Were I to enter into the detail, it would be easy to shew how this power in its operation,
would totally destroy all the powers of the individual states. But this is not necessary for
those who will think for themselves, and it will be useless to such as take things upon trust,
nothing will awaken them to reflection, until the iron hand of oppression compel them to it.
I shall only remark, that this power, given to the federal legislature, directly annihilates all
the powers of the state legislatures. There cannot be a greater solecism in politics than to
talk of power in a government, without the command of any revenue. It is as absurd as to
talk of an animal without blood, or the subsistence of one without food. Now the general
government having in their controul every possible source of revenue, and authority to
pass any law they may deem necessary to draw them forth, or to facilitate their collection;
no source of revenue is therefore left in the hands of any state. Should any state attempt to
raise money by law, the general government may repeal or arrest it in the execution, for all
their laws will be the supreme law of the land: If then any one can be weak enough to
believe that a government can exist without having the authority to raise money to pay a
door-keeper to their assembly, he may believe that the state government can exist, should
this new constitution take place.
It is agreed by most of the advocates of this new system, that the government which is
proper for the United States should be a confederated one; that the respective states ought
to retain a portion of their sovereignty, and that they should preserve not only the forms of
their legislatures, but also the power to conduct certain internal concerns. How far the
powers to be retained by the states shall extend, is the question; we need not spend much
time on this subject, as it respects this constitution, for a government without the power to
raise money is one only in name. It is clear that the legislatures of the respective states
must be altogether dependent on the will of the general legislature, for the means of
supporting their government. The legislature of the United States will have a right to
exhaust every source of revenue in every state, and to annul all laws of the states which
may stand in the way of effecting it; unless therefore we can suppose the state governments
can exist without money to support the officers who execute them, we must conclude they
will exist no longer than the general legislature choose they should. Indeed the idea of any
government existing, in any respect, as an independent one, without any means of support
in their own hands, is an absurdity. If therefore, this constitution has in view, what many of
its framers and advocates say it has, to secure and guarantee to the separate states the
exercise of certain powers of government[,] it certainly ought to have left in their hands
some sources of revenue. It should have marked the line in which the general government
should have raised money, and set bounds over which they should not pass, leaving to the
separate states other means to raise supplies for the support of their governments, and to
discharge their respective debts. To this it is objected, that the general government ought to
have power competent to the purposes of the union; they are to provide for the common
defence, to pay the debts of the United States, support foreign ministers, and the civil
establishment of the union, and to do these they ought to have authority to raise money
adequate to the purpose. On this I observe, that the state governments have also contracted
debts, they require money to support their civil officers, and how this is to be done, if they
give to the general government a power to raise money in every way in which it can
possibly be raised, with such a controul over the state legislatures as to prohibit them,
whenever the general legislature may think proper, from raising any money. It is again
objected that it is very difficult, if not impossible, to draw the line of distinction between
the powers of the general and state governments on this subject. The first, it is said, must
have the power of raising the money necessary for the purposes of the union, if they are
limited to certain objects the revenue may fall short of a sufficiency for the public
exigencies, they must therefore have discretionary power. The line may be easily and
accurately drawn between the powers of the two governments on this head. The distinction
between external and internal taxes, is not a novel one in this country, it is a plain one, and
easily understood. The first includes impost duties on all imported goods; this species of
taxes it is proper should be laid by the general government; many reasons might be urged
to shew that no danger is to be apprehended from their exercise of it. They may be
collected in few places, and from few hands with certainty and expedition. But few officers
are necessary to be imployed in collecting them, and there is no danger of oppression in
laying them, because, if they are laid higher than trade will bear, the merchants will cease
importing, or smuggle their goods. We have therefore sufficient security, arising from the
nature of the thing, against burdensome and intolerable impositions from this kind of tax.
But the case is far otherwise with regard to direct taxes; these include poll taxes, land
taxes, excises, duties on written instruments, on every thing we eat, drink, or wear; they
take hold of every species of property, and come home to every man's house and packet.
These are often so oppressive, as to grind the face of the poor, and render the lives of the
common people a burden to them. The great and only security the people can have against
oppression from this kind of taxes, must rest in their representatives. If they are sufficiently
numerous to be well informed of the circumstances, and ability of those who send them,
and have a proper regard for the people, they will be secure. The general legislature, as I
have shewn in a former paper, will not be thus qualified, and therefore, on this account,
ought not to exercise the power of direct taxation. If the power of laying imposts will not
be sufficient, some other specific mode of raising a revenue should have been assigned the
general government; many may be suggested in which their power may be accurately
defined and limited, and it would be much better to give them authority to lay and collect a
duty on exports, not to exceed a certain rate per cent, than to have surrendered every kind
of resource that the country has, to the complete abolition of the state governments, and
which will introduce such an infinite number of laws and ordinances, fines and penalties,
courts, and judges, collectors, and excisemen, that when a man can number them, he may
enumerate the stars of Heaven.
I shall resume this subject in my next, and by an induction of particulars shew, that this
power, in its exercise, will subvert all state authority, and will work to the oppression of
the people, and that there are no restrictions in the constitution that will soften its rigour,
but rather the contrary.

Anti-Federalist No. 33, Federal Taxation and the Doctrine of Implied Powers (Part II)
(Brutus essay No. VI)
27 December 1787
Abstract
The Federalist writers apparently never responded to "BRUTUS." The following "Brutus"
article was extracted from his sixth essay, The New-York Journal of December 27, 1787.
by Brutus
It is an important question, whether the general government of the United States should be
so framed, as to absorb and swallow up the state governments? or whether, on the contrary,
the former ought not to be confined to certain defined national objects, while the latter
should retain all the powers which concern the internal police of the states?
I have, in my former papers, offered a variety of arguments to prove, that a simple free
government could not be exercised over this whole continent, and that therefore we must
either give up our liberties and submit to an arbitrary one, or frame a constitution on the
plan of confederation. Further reasons might be urged to prove this pointbut it seems
unnecessary, because the principal advocates of the new constitution admit of the position.
The question therefore between us, this being admitted, is, whether or not this system is so
formed as either directly to annihilate the state governments, or that in its operation it will
certainly effect it. If this is answered in the affirmative, then the system ought not to be
adopted, without such amendments as will avoid this consequence. If on the contrary it can
be shewn, that the state governments are secured in their rights to manage the internal
police of the respective states, we must confine ourselves in our enquiries to the
organization of the government and the guards and provisions it contains to prevent a
misuse or abuse of power. To determine this question, it is requisite, that we fully
investigate the nature, and the extent of the powers intended to be granted by this
constitution to the rulers.
In my last number I called your attention to this subject, and proved, as I think,
uncontrovertibly, that the powers given the legislature under the 8th section of the 1st
article, had no other limitation than the discretion of the Congress. It was shewn, that even
if the most favorable construction was given to this paragraph, that the advocates for the
new constitution could wish, it will convey a power to lay and collect taxes, imposts,
duties, and excises, according to the discretion of the legislature, and to make all laws
which they shall judge proper and necessary to carry this power into execution. This I
shewed would totally destroy all the power of the state governments. To confirm this, it is
worth while to trace the operation of the government in some particular instances.
The general government is to be vested with authority to levy and collect taxes, duties, and
excises; the separate states have also power to impose taxes, duties, and excises, except
that they cannot lay duties on exports and imports without the consent of Congress. Here
then the two governments have concurrent jurisdiction; both may lay impositions of this
kind. But then the general government have supperadded to this power, authority to make
all laws which shall be necessary and proper for carrying the foregoing power into
execution. Suppose then that both governments should lay taxes, duties, and excises, and it
should fall so heavy on the people that they would be unable, or be so burdensome that
they would refuse to pay them bothwould it not be necessary that the general legislature
should suspend the collection of the state tax? It certainly would. For, if the people could
not, or would not pay both, they must be discharged from the tax to the state, or the tax to
the general government could not be collected.The conclusion therefore is inevitable,
that the respective state governments will not have the power to raise one shilling in any
way, but by the permission of the Congress. I presume no one will pretend, that the states
can exercise legislative authority, or administer justice among their citizens for any length
of time, without being able to raise a sufficiency to pay those who administer their
governments.
If this be true, and if the states can raise money only by permission of the general
government, it follows that the state governments will be dependent on the will of the
general government for their existence.
What will render this power in Congress effectual and sure in its operation is, that the
government will have complete judicial and executive authority to carry all their laws into
effect, which will be paramount to the judicial and executive authority of the individual
states: in vain therefore will be all interference of the legislatures, courts, or magistrates of
any of the states on the subject; for they will be subordinate to the general government, and
engaged by oath to support it, and will be constitutionally bound to submit to their
decisions.
The general legislature will be empowered to lay any tax they chuse, to annex any
penalties they please to the breach of their revenue laws; and to appoint as many officers as
they may think proper to collect the taxes. They will have authority to farm the revenues
and to vest the farmer general, with his subalterns, with plenary powers to collect them, in
any way which to them may appear eligible. And the courts of law, which they will be
authorized to institute, will have cognizance of every case arising under the revenue laws,
the conduct of all the officers employed in collecting them; and the officers of these courts
will execute their judgments. There is no way, therefore, of avoiding the destruction of the
state governments, whenever the Congress please to do it, unless the people rise up, and,
with a strong hand, resist and prevent the execution of constitutional laws. The fear of this,
will, it is presumed, restrain the general government, for some time, within proper bounds;
but it will not be many years before they will have a revenue, and force, at their command,
which will place them above any apprehensions on that score.
How far the power to lay and collect duties and excises, may operate to dissolve the state
governments, and oppress the people, it is impossible to say. It would assist us much in
forming a just opinion on this head, to consider the various objects to which this kind of
taxes extend, in European nations, and the infinity of laws they have passed respecting
them. Perhaps, if leisure will permit, this may be essayed in some future paper.

It was observed in my last number, that the power to lay and collect duties and excises,
would invest the Congress with authority to impose a duty and excise on every necessary
and convenience of life. As the principal object of the government, in laying a duty or
excise, will be, to raise money, it is obvious, that they will fix on such articles as are of the
most general use and consumption; because, unless great quantities of the article, on which
the duty is laid, is used, the revenue cannot be considerable. We may therefore presume,
that the articles which will be the object of this species of taxes will be either the real
necessaries of life; or if not these, such as from custom and habit are esteemed so. I will
single out a few of the productions of our own country, which may, and probably will, be
of the number.
Cider is an article that most probably will be one of those on which an excise will be laid,
because it is one, which this country produces in great abundance, which is in very general
use, is consumed in great quantities, and which may be said too not to be a real necessary
of life. An excise on this would raise a large sum of money in the United States. How
would the power, to lay and collect an excise on cider, and to pass all laws proper and
necessary to carry it into execution, operate in its exercise? It might be necessary, in order
to collect the excise on cider, to grant to one man, in each county, an exclusive right of
building and keeping cider-mills, and oblige him to give bonds and security for payment of
the excise; or, if this was not done, it might be necessary to license the mills, which are to
make this liquor, and to take from them security, to account for the excise; or, if otherwise,
a great number of officers must be employed, to take account of the cider made, and to
collect the duties on it.
Porter, ale, and all kinds of malt-liquors, are articles that would probably be subject also to
an excise. It would be necessary, in order to collect such an excise, to regulate the
manufactory of these, that the quantity made might be ascertained or otherwise security
could not be had for the payment of the excise. Every brewery must then be licensed, and
officers appointed, to take account of its product, and to secure the payment of the duty, or
excise, before it is sold. Many other articles might be named, which would be objects of
this species of taxation, but I refrain from enumerating them. It will probably be said, by
those who advocate this system, that the observations already made on this head, are
calculated only to inflame the minds of the people, with the apprehension of dangers
merely imaginary. That there is not the least reason to apprehend, the general legislature
will exercise their power in this manner. To this I would only say, that these kinds of taxes
exist in Great Britain, and are severely felt. The excise on cider and perry, was imposed in
that nation a few years ago, and it is in the memory of every one, who read the history of
the transaction, what great tumults it occasioned.
This power, exercised without limitation, will introduce itself into every comer of the city,
and countryIt will wait upon the ladies at their toilett, and will not leave them in any of
their domestic concerns; it will accompany them to the ball, the play, and the assembly; it
will go with them when they visit, and will, on all occasions, sit beside them in their
carriages, nor will it desert them even at church; it will enter the house of every gentleman,
watch over his cellar, wait upon his cook in the kitchen, follow the servants into the
parlour, preside over the table, and note down all he eats or drinks; it will attend him to his
bed-chamber, and watch him while he sleeps; it will take cognizance of the professional
man in his office, or his study; it will watch the merchant in the counting-house, or in his
store; it will follow the mechanic to his shop, and in his work, and will haunt him in his
family, and in his bed; it will be a constant companion of the industrious farmer in all his
labour, it will be with him in the house, and in the field, observe the toil of his hands, and
the sweat of his brow; it will penetrate into the most obscure cottage; and finally, it will
light upon the head of every person in the United States. To all these different classes of
people, and in all these circumstances, in which it will attend them, the language in which
it will address them, will be GIVE! GIVE!
A power that has such latitude, which reaches every person in the community in every
conceivable circumstance, and lays hold of every species of property they possess, and
which has no bounds set to it, but the discretion of those who exercise it[,] I say, such a
power must necessarily, from its very nature, swallow up all the power of the state
governments.
I shall add but one other observation on this head, which is thisIt appears to me a
solecism, for two men, or bodies of men, to have unlimited power respecting the same
object. It contradicts the scripture maxim, which saith, "no man can serve two masters," the
one power or the other must prevail, or else they will destroy each other, and neither of
them effect their purpose. It may be compared to two mechanic powers, acting upon the
same body in opposite directions, the consequence would be, if the powers were equal, the
body would remain in a state of rest, or if the force of the one was superior to that of the
other, the stronger would prevail, and overcome the resistance of the weaker.
But it is said, by some of the advocates of this system, "That the idea that Congress can
levy taxes at pleasure, is false, and the suggestion wholly unsupported: that the preamble to
the constitution is declaratory of the purposes of the union, and the assumption of any
power not necessary to establish justice, &c. to provide for the common defence, &c. will
be unconstitutional. Besides, in the very clause which gives the power of levying duties
and taxes, the purposes to which the money shall be appropriated, are specified, viz. to pay
the debts, and provide for the common defence and general welfare."[1] I would ask those,
who reason thus, to define what ideas are included under the terms, to provide for the
common defence and general welfare? Are these terms definite, and will they be
understood in the same manner, and to apply to the same cases by every one? No one will
pretend they will. It will then be matter of opinion, what tends to the general welfare; and
the Congress will be the only judges in the matter. To provide for the general welfare, is an
abstract proposition, which mankind differ in the explanation of, as much as they do on
any political or moral proposition that can be proposed; the most opposite measures may
be pursued by different parties, and both may profess, that they have in view the general
welfare; and both sides may be honest in their professions, or both may have sinister
views. Those who advocate this new constitution declare, they are influenced by a regard
to the general welfare; those who oppose it, declare they are moved by the same principle;
and I have no doubt but a number on both sides are honest in their professions; and yet
nothing is more certain than this, that to adopt this constitution, and not to adopt it, cannot
both of them be promotive of the general welfare.

It is as absurd to say, that the power of Congress is limited by these general expressions,
"to provide for the common safety, and general welfare," as it would be to say, that it
would be limited, had the constitution said they should have power to lay taxes, &c. at will
and pleasure. Were this authority given, it might be said, that under it the legislature could
not do injustice, or pursue any measures, but such as were calculated to promote the public
good, and happiness. For every man, rulers as well as others, are bound by the immutable
laws of God and reason, always to will what is right. It is certainly right and fit, that the
governors of every people should provide for the common defence and general welfare;
every government, therefore, in the world, even the greatest despot, is limited in the
exercise of his power. But however just this reasoning may be, it would be found, in
practice, a most pitiful restriction. The government would always say, their measures were
designed and calculated to promote the public good; and there being no judge between
them and the people, the rulers themselves must, and would always, judge for themselves.
There are others of the favourers of this system, who admit, that the power of the Congress
under it, with respect to revenue, will exist without limitation, and contend, that so it ought
to be.
It is said, "The power to raise armies, to build and equip fleets, and to provide for their
support, ought to exist without limitation, because it is impossible to foresee, or to define,
the extent and variety of national exigencies, or the correspondent extent and variety of the
means which may be necessary to satisfy them.["]
This, it is said, "is one of those truths which, to correct and unprejudiced minds, carries its
own evidence along with it. It rests upon axioms as simple as they are universal: the means
ought to be proportioned to the end; the person, from whose agency the attainment of any
end is expected, ought to possess the means by which it is to be attained."[2]
This same writer insinuates, that the opponents to the plan promulgated by the convention,
manifests a want of candor, in objecting to the extent of the powers proposed to be vested
in this government; because he asserts, with an air of confidence, that the powers ought to
be unlimited as to the object to which they extend; and that this position, if not self-
evident, is at least clearly demonstrated by the foregoing mode of reasoning. But with
submission to this author's better judgment, I humbly conceive his reasoning will appear,
upon examination, more specious than solid. The means, says the gentleman, ought to be
proportioned to the end: admit the proposition to be true it is then necessary to enquire,
what is the end of the government of the United States, in order to draw any just
conclusions from it. Is this end simply to preserve the general government, and to provide
for the common defence and general welfare of the union only? certainly not: for beside
this, the state governments are to be supported, and provision made for the managing such
of their internal concerns as are allotted to them. It is admitted, "that the circumstances of
our country are such, as to demand a compound, instead of a simple, a confederate, instead
of a sole government," that the objects of each ought to be pointed out, and that each ought
to possess ample authority to execute the powers committed to them. The government
then, being complex in its nature, the end it has in view is so also; and it is as necessary,
that the state governments should possess the means to attain the ends expected from them,
as for the general government. Neither the general government, nor the state governments,
ought to be vested with all the powers proper to be exercised for promoting the ends of
government. The powers are divided between themcertain ends are to be attained by the
one, and other certain ends by the other; and these, taken together, include all the ends of
good government. This being the case, the conclusion follows, that each should be
furnished with the means, to attain the ends, to which they are designed.
To apply this reasoning to the case of revenue; the general government is charged with the
care of providing for the payment of the debts of the United States; supporting the general
government, and providing for the defence of the union. To obtain these ends, they should
be furnished with means. But does it thence follow, that they should command all the
revenues of the United States! Most certainly it does not. For if so, it will follow, that no
means will be left to attain other ends, as necessary to the happiness of the country, as
those committed to their care. The individual states have debts to discharge; their
legislatures and executives are to be supported, and provision is to be made for the
administration of justice in the respective states. For these objects the general government
has no authority to provide; nor is it proper it should. It is clear then. that the states should
have the command of such revenues, as to answer the ends they have to obtain. To say,
"that the circumstances that endanger the safety of nations are infinite," and from hence to
infer, that all the sources of revenue in the states should be yielded to the general
government, is not conclusive reasoning: for the Congress are authorized only to controul
in general concerns, and not regulate local and internal ones; and these are as essentially
requisite to be provided for as those. The peace and happiness of a community is as
intimately connected with the prudent direction of their domestic affairs, and the due
administration of justice among themselves, as with a competent provision for their
defence against foreign invaders, and indeed more so.
Upon the whole, I conceive, that there cannot be a clearer position than this, that the state
governments ought to have an uncontroulable power to raise a revenue, adequate to the
exigencies of their governments; and, I presume, no such power is left them by this
constitution.

Anti-Federalist No. 34, The Problem of Concurrent Taxation
by Patrick Henry
The following speech by Patrick Henry was delivered to the Virginia ratifying convention,
June 5, 1788.
I never will give up the power of direct taxation but for a scourge. I am willing to give it
conditionally; that is, after non-compliance with requisitions. I will do more, sir, and what
I hope will convince the most skeptical man that I am a lover of the American Union
that, in case Virginia shall not make punctual payment, the control of our custom-houses,
and the whole regulation of trade, shall be given to Congress, and that Virginia shall
depend on Congress even for passports, till Virginia shall have paid the last farthing, and
furnished the last soldier. Nay, sir, there is another alternative to which I would consent;
even that they should strike us out of the Union, and take away from us all federal
privileges, till we comply with federal requisitions: but let it depend upon our own pleasure
to pay our money in the most easy manner for our people. Were all the states, more terrible
than the mother country, to join against us, I hope Virginia could defend herself; but, sir,
the dissolution of the Union is most abhorrent to my mind. The first thing I have at heart is
American liberty; the second thing is American union; and I hope the people of Virginia
will endeavor to preserve that union. The increasing population of the Southern States is
far greater than that of New England; consequently, in a short time, they will be far more
numerous than the people of that country. Consider this, and you will find this state more
particularly interested to support American liberty, and not bind our posterity by an
improvident relinquishment of our rights. I would give the best security for a punctual
compliance with requisitions; but I beseech gentlemen, at all hazards, not to give up this
unlimited power of taxation.
In this scheme of energetic government, the people will find two sets of taxgatherersthe
state and the federal sheriffs. This, it seems to me, will produce such dreadful oppression
as the people cannot possibly bear. The federal sheriff may commit what oppression, make
what distresses, he pleases, and ruin you with impunity; for how are you to tie his hands?
Have you any sufficiently decided means of preventing him from sucking your blood by
speculations, commissions, and fees? Thus thousands of your people will be most
shamefully robbed: our state sheriffs, those unfeeling blood-suckers, have, under the
watchful eye of our legislature, committed the most horrid and barbarous ravages on our
people. It has required the most constant vigilance of the legislature to keep them from
totally ruining the people; a repeated succession of laws has been made to suppress their
iniquitous speculations and cruel extortions; and as often has their nefarious ingenuity
devised methods of evading the force of those laws: in the struggle they have generally
triumphed over the legislature. It is a fact that lands have been sold for five shillings,
which were worth one hundred pounds: if sheriffs, thus immediately under the eye of our
state legislature and judiciary, have dared to commit these outrages, what would they not
have done if their masters had been at Philadelphia or New York? If they perpetrate the
most unwarrantable outrage on your person or property, you cannot get redress on this side
of Philadelphia or New York; and how can you get it there? If your domestic avocations
could permit you to go thither, there you must appeal to judges sworn to support this
Constitution, in opposition to that of any state, and who may also be inclined to favor their
own officers. When these harpies are aided by excisemen, who may search, at any time,
your houses, and most secret recesses, will the people bear it? If you think so, you differ
from me. Where I thought there was a possibility of such mischiefs, I would grant power
with a niggardly hand; and here there is a strong probability that these oppressions shall
actually happen. I may be told that it is safe to err on that side, because such regulations
may be made by Congress as shall restrain these officers, and because laws are made by
our representatives, and judged by righteous judges: but, Sir, as these regulations may be
made, so they may not; and many reasons there are to induce a belief that they will not, I
shall therefore be an infidel on that point till the day of my death.

Anti-Federalist No. 35, Federal Taxing Power Must be Restrained
George Mason of Virginia opposed the Constitution because it lacked a Bill of Rights, and
centralized powers further than he felt it necessary. Mason delivered the following speech
before the Virginia ratifying convention, June 4, 1788.
by George Mason
Mr. Chairman, whether the Constitution be good or bad, the present clause [Article 1,
Section 2] clearly discovers that it is a national government, and no longer a
Confederation. I mean that clause which gives the first hint of the general government
laying direct taxes. The assumption of this power of laying direct taxes does, of itself,
entirely change the confederation of the states into one consolidated government. This
power, being at discretion, unconfined, and without any kind of control, must carry every
thing before it. The very idea of converting what was formerly a confederation to a
consolidated government is totally subversive of every principle which has hitherto
governed us. This power is calculated to annihilate totally the state governments. Will the
people of this great community [Virginia] submit to be individually taxed by two different
and distinct powers? Will they suffer themselves to be doubly harassed? These two
concurrent powers cannot exist long together; the one will destroy the other. The general
government being paramount to, and in every respect more powerful than the state
governments, the latter must give way to the former.
Requisitions [under the Articles of Confederation] have been often refused, sometimes
from an impossibility of complying with them; often from that great variety of
circumstances which retards the collection of moneys; and perhaps sometimes from a
wilful design of procrastinating. But why shall we give up to the national government this
power, so dangerous in its nature, and for which its members will not have sufficient
information? Is it not well known that what would be a proper tax in one state would be
grievous in another? The gentleman who has favored us with a eulogium in favor of this
system [Wilson C. Nicholas], must, after all the encomiums he has been pleased to bestow
upon it, acknowledge that our federal representatives must be unacquainted with the
situation of their constituents. Sixty-five members cannot possibly know the situation and
circumstances of all the inhabitants of this immense continent. When a certain sum comes
to be taxed, and the mode of levying to be fixed, they will lay the tax on that article which
will be most productive and easiest in the collection, without consulting the real
circumstances or convenience of a country, with which, in fact, they cannot be sufficiently
acquainted.
The mode of levying taxes is of the utmost consequence; and yet here it is to be determined
by those who have neither knowledge of our situation, nor a common interest with us, nor
a fellow-feeling for us. The subject of taxation differs in three fourths, nay, I might say
with truth, in four fifths of the states. If we trust the national government with an effectual
way of raising the necessary sums, it is sufficient: everything we do further is trusting the
happiness and rights of the people. Why, then, should we give up this dangerous power of
individual taxation? Why leave the manner of laying taxes to those who, in the nature of
things, cannot be acquainted with the situation of those on whom they are to impose them,
when it can be done by those who are well acquainted with it? If, instead of giving this
oppressive power, we give them such an effectual alternative as will answer the purpose,
without encountering the evil and danger that might arise from it, then I would cheerfully
acquiesce; and would it not be far more eligible? I candidly acknowledge the inefficacy of
the Confederation; but requisitions have been made which were impossible to be complied
withrequisitions for more gold and silver than were in the United States. If we give the
general government the power of demanding their quotas of the states, with an alternative
of laying direct taxes in case of non-compliance, then the mischief would be avoided. And
the certainty of this conditional power would, in all human probability, prevent the
application, and the sums necessary for the Union would be then laid by the states, by
those who know how it can best be raised, by those who have a fellow-feeling for us. Give
me leave to say, that the sum raised one way with convenience and case, would be very
oppressive another way. Why, then, not leave this power to be exercised by those who
know the mode most convenient for the inhabitants, and not by those who must necessarily
apportion it in such manner as shall be oppressive? An indispensable amendment is,
that Congress shall not exercise the power of raising direct taxes till the states shall have
refused to comply with the requisitions of Congress. On this condition it may be granted;
but I see no reason to grant it unconditionally, as the states can raise the taxes with more
case, and lay them on the inhabitants with more propriety, than it is possible for the general
government to do. If Congress hath this power without control, the taxes will be laid by
those who have no fellow-feeling or acquaintance with the people. This is my objection to
the article now under consideration. It is a very great and important one. I therefore beg
gentlemen to consider it. Should this power be restrained, I shall withdraw my objections
to this part of the Constitution; but as it stands, it is an objection so strong in my mind, that
its amendment is with me a sine qua non of its adoption. I wish for such amendments, and
such only, as are necessary to secure the dearest rights of the people.

Anti-Federalist No. 36, Representation and Internal Taxation (Federal Farmer essay No.
III)
Richard Henry Lee was arguably the best known Antifederalist writer. His pamphlets were
widely distributed and reprinted in newspapers. Antifederalist Papers # 36/37 are excerpts
from his first pamphlet. Antifederalist Nos. 41, 42, 43, 55, 56, 57, 58, 61, 63, 69, 76-77 are
taken from his second pamphlet.
10 October 1787
by Richard Henry Lee, The Federal Farmer
Dear Sir,
The great object of a free people must be so to form their government and laws, and so to
administer them, as to create a confidence in, and respect for the laws; and thereby induce
the sensible and virtuous part of the community to declare in favor of the laws, and to
support them without an expensive military force. I wish, though I confess I have not much
hope, that this may be the case with the laws of congress under the new constitution. I am
fully convinced that we must organize the national government on different principals, and
make the parts of it more efficient, and secure in it more effectually the different interests
in the community; or else leave in the state governments some powers propose[d] to be
lodged in itat least till such an organization shall be found to be practicable. Not
sanguine in my expectations of a good federal administration, and satisfied, as I am, of the
impracticability of consolidating the states, and at the same time of preserving the rights of
the people at large, I believe we ought still to leave some of those powers in the state
governments, in which the people, in fact, will still be representedto define some other
powers proposed to be vested in the general government, more carefully, and to establish a
few principles to secure a proper exercise of the powers given it. It is not my object to
multiply objections, or to contend about inconsiderable powers or amendments; I wish the
system adopted with a few alterations; but those, in my mind, are essential ones; if adopted
without, every good citizen will acquiesce though I shall consider the duration of our
governments, and the liberties of this people, very much dependant on the administration
of the general government. A wise and honest administration, may make the people happy
under any government; but necessity only can justify even our leaving open avenues to the
abuse of power, by wicked, unthinking, or ambitious men. I will examine, first, the
organization of the proposed government, in order to judge; 2d, with propriety, what
powers are improperly, at least prematurely lodged in it. I shall examine, 3d, the undefined
powers; and 4th, those powers, the exercise of which is not secured on safe and proper
ground.
First. As to the organizationthe house of representatives, the democrative branch, as it is

called, is to consist of 65 members: that is, about one representative for fifty thousand
inhabitants, to be chosen bienniallythe federal legislature may increase this number to
one for each thirty thousand inhabitants, abating fractional numbers in each state.Thirty-
three representatives will make a quorum for doing business, and a majority of those
present determine the sense of the house.I have no idea that the interests, feelings, and
opinions of three or four millions of people, especially touching internal taxation, can be
collected in such a house.In the nature of things, nine times in ten, men of the elevated
classes in the community only can be chosenConnecticut, for instance, will have five
representativesnot one man in a hundred of those who form the democrative branch in
the state legislature, will, on a fair computation, be one of the fiveThe people of this
country, in one sense, may all be democratic; but if we make the proper distinction
between the few men of wealth and abilities, and consider them, as we ought, as the natural
aristocracy of the country, and the great body of the people, the middle and lower classes,
as the democracy, this federal representative branch will have but very little democracy in
it, even this small representation is not secured on proper principles.The branches of the
legislature are essential parts of the fundamental compact, and ought to be so fixed by the
people, that the legislature cannot alter itself by modifying the elections of its own
members. This, by a part of Art. 1. Sect. 4. the general legislature may do, it may evidently
so regulate elections as to secure the choice of any particular description of men.It may
make the whole state one districtmake the capital, or any places in the state, the place or
places of electionit may declare that the five men (or whatever the number may be the
state may chuse) who shall have the most votes shall be considered as chosenIn this case
it is easy to perceive how the people who live scattered in the inland towns will bestow
their votes on different menand how a few men in a city, in any order or profession, may
unite and place any five men they please highest among those that may be voted forand
all this may be done constitutionally, and by those silent operations, which are not
immediately perceived by the people in general.I know it is urged, that the general
legislature will be disposed to regulate elections on fair and just principles:This may be
truegood men will generally govern well with almost any constitution: but why in laying
the foundation of the social system, need we unnecessarily leave a door open to improper
regulations?This is a very general and unguarded clause, and many evils may flow from
that part which authorises the congress to regulate electionsWere it omitted, the
regulations of elections would be solely in the respective states, where the people are
substantially represented; and where the elections ought to be regulated, otherwise to
secure a representation from all parts of the community, in making the constitution, we
ought to provide for dividing each state into a proper number of districts, and for confining
the electors in each district to the choice of some men, who shall have a permanent interest
and residence in it; and also for this essential object, that the representative elected shall
have a majority of the votes of those electors who shall attend and give their votes.
In considering the practicability of having a full and equal representation of the people
from all parts of the union, not only distances and different opinions, customs, and views,
common in extensive tracts of country, are to be taken into view, but many differences
peculiar to Eastern, Middle, and Southern states. These differences are not so perceivable
among the members of congress, and men of general information in the states, as among
the men who would properly form the democratic branch. The Eastern states are very
democratic, and composed chiefly of moderate freeholders; they have but few rich men
and no slaves; the Southern states are composed chiefly of rich planters and slaves; they
have but few moderate freeholders, and the prevailing influence, in them, is generally a
dissipated aristocracy: The Middle states partake partly of the Eastern, and partly of the
Southern character.
Perhaps, nothing could be more disjointed, unweildly and incompetent to doing business
with harmony and dispatch, than a federal house of representatives properly numerous for
the great objects of taxation, et cetera collected from the several states; whether such men
would ever act in concert; whether they would not worry along a few years, and then be the
means of separating the parts of the union, is very problematical?View this system in
whatever form we can, propriety brings us still to this point, a federal government
possessed of general and complete powers, as to those national objects which cannot well
come under the cognizance of the internal laws of the respective states, and this federal
government, accordingly, consisting of branches not very numerous.
The house of representatives is on the plan of consolidation, but the senate is intirely on the
federal plan; and Delaware will have as much constitutional influence in the senate, as the
largest state in the union: and in this senate are lodged legislative, executive and judicial
powers: Ten states in this union urge that they are small states, nine of which were present
in the convention.They were interested in collecting large powers into the hands of the
senate, in which each state still will have its equal share of power. I suppose it was
impracticable for the three large states, as they were called, to get the senate formed on any
other principles: But this only proves, that we cannot form one general government on
equal and just principlesand proves, that we ought not to lodge in it such extensive
powers before we are convinced of the practicability of organizing it on just and equal
principles. The senate will consist of two members from each state, chosen by the state
legislatures, every sixth year. The clause referred to, respecting the elections of
representatives, empowers the general legislature to regulate the elections of senators also,
"except as to the places of chusing senators."There is, therefore, but little more security
in the elections than in those of representatives: Fourteen senators make a quorum for
business, and a majority of the senators present give the vote of the senate, except in giving
judgment upon an impeachment, or in making treaties, or in expelling a member, when
two-thirds of the senators present must agreeThe members of the legislature are not
excluded from being elected to any military offices, or any civil offices, except those
created, or the emoluments of which shall be increased by themselves: two-thirds of the
members present, of either house, may expel a member at pleasure. The senate is an
independant branch of the legislature, a court for trying impeachments, and also a part of
the executive, having a negative in the making of all treaties, and in appointing almost all
officers.
The vice president is not a very important, if not an unnecessary part of the systemhe
may be a part of the senate at one period, and act as the supreme executive magistrate at
anotherThe election of this officer, as well as of the president of the United States seems
to be properly secured; but when we examine the powers of the president, and the forms of
the executive, we shall perceive that the general government, in this part, will have a strong
tendency to aristocracy, or the government of the few. The executive is, in fact, the
president and senate in all transactions of any importance; the president is connected with,
or tied to the senate; he may always act with the senate, but never can effectually
counteract its views: The president can appoint no officer, civil or military, who shall not
be agreeable to the senate; and the presumption is, that the will of so important a body will
not be very easily controuled, and that it will exercise its powers with great address.
In the judicial department, powers ever kept distinct in well balanced governments, are no
less improperly blended in the hands of the same menin the judges of the supreme court
is lodged, the law, the equity and the fact. It is not necessary to pursue the minute organical
parts of the general government proposed.There were various interests in the
convention, to be reconciled, especially of large and small states; of carrying and non-
carrying states; and of states more and states less democraticvast labour and attention
were by the convention bestowed on the organization of the parts of the constitution
offered; still it is acknowledged there are many things radically wrong in the essential parts
of this constitutionbut it is said that these are the result of our situation: On a full
examination of the subject, I believe it; but what do the laborious inquiries and
determinations of the convention prove? If they prove any thing, they prove that we cannot
consolidate the states on proper principles: The organization of the government presented
proves, that we cannot form a general government in which all power can be safely lodged;
and a little attention to the parts of the one proposed will make it appear very evident, that
all the powers proposed to be lodged in it, will not be then well deposited, either for the
purposes of government, or the preservation of liberty. I will suppose no abuse of powers
in those cases, in which the abuse of it is not well guarded againstI will suppose the
words authorising the general government to regulate the elections of its own members
struck out of the plan, or free district elections, in each state, amply secured.That the
small representation provided for shall be as fair and equal as it is capable of being made
I will suppose the judicial department regulated on pure principles, by future laws, as far as
it can be by the constitution, and consistent] with the situation of the countrystill there
will be an unreasonable accumulation of powers in the general government, if all be
granted, enumerated in the plan proposed. The plan does not present a well balanced
government. The senatorial branch of the legislative and the executive are substantially
united, and the president, or the first executive magistrate, may aid the senatorial interest
when weakest, but never can effectually support the democratic[,] however it may be
oppressed;the excellency, in my mind, of a well balanced government is that it consists
of distinct branches, each sufficiently strong and in-dependant to keep its own station, and
to aid either of the other branches which may occasionally want aid.
The convention found that any but a small house of representatives would be expensive,
and that it would be impracticable to assemble a large number of representatives. Not only
the determination of the convention in this case, but the situation of the states, proves the
impracticability of collecting, in any one point, a proper representation.
The formation of the senate, and the smallness of the house, being, therefore, the result of
our situation, and the actual state of things, the evils which may attend the exercise of
many powers in this national government may be considered as without a remedy.
All officers are impeachable before the senate onlybefore the men by whom they are
appointed, or who are consenting to the appointment of these officers. No judgment of
conviction, on an impeachment, can be given unless two thirds of the senators agree.
Under these circumstances the right of impeachment, in the house, can be of but little
importance; the house cannot expect often to convict the offender; and, therefore,
probably, will but seldom or never exercise the right. In addition to the insecurity and
inconveniences attending this organization beforementioned, it may be observed, that it is

extremely difficult to secure the people against the fatal effects of corruption and influence.
The power of making any law will be in the president, eight senators, and seventeen
representatives, relative to the important objects enumerated in the constitution. Where
there is a small representation a sufficient number to carry any measure, may, with ease, be
influenced by bribes, offices and civilities; they may easily form private juntoes, and out
door meetings, agree on measures, and carry them by silent votes.
Impressed, as I am, with a sense of the difficulties there are in the way of forming the parts
of a federal government on proper principles, and seeing a government so unsubstantially
organized, after so arduous an attempt has been made, I am led to believe, that powers
ought to be given to it with great care and caution.
In the second place it is necessary, therefore, to examine the extent, and the probable
operations of some of those extensive powers proposed to be vested in this government.
These powers, legislative, executive, and judicial, respect internal as well as external
objects. Those respecting external objects, as all foreign concerns, commerce, imposts, all
causes arising on the seas, peace and war, and Indian affairs, can be lodged no where else,
with any propriety, but in this government. Many powers that respect internal objects
ought clearly to be lodged in it; as those to regulate trade between the states, weights and
measures, the coin or current monies, post-offices, naturalization, etc. These powers may
be exercised without essentially effecting the internal police of the respective states: But
powers to lay and collect internal taxes, to form the militia, to make bankrupt laws, and to
decide on appeals, questions arising on the internal laws of the respective states, are of a
very serious nature, and carry with them almost all other powers. These taken in
connection with the others, and powers to raise armies and build navies, proposed to be
lodged in this government, appear to me to comprehend all the essential powers in the
community, and those which will be left to the states will be of no great importance.
A power to lay and collect taxes at discretion, is, in itself, of very great importance. By
means of taxes, the government may command the whole or any part of the subject's
property. Taxes may be of various kinds; but there is a strong distinction between external
and internal taxes. External taxes are impost duties, which are laid on imported goods; they
may usually be collected in a few seaport towns, and of a few individuals, though
ultimately paid by the consumer; a few officers can collect them, and they can be carried
no higher than trade will bear, or smuggling permitthat in the very nature of commerce,
bounds are set to them. But internal taxes, as poll and land taxes, excises, duties on all
written instruments, etc. may fix themselves on every person and species of property in the
community; they may be carried to any lengths, and in proportion as they are extended,
numerous officers must be employed to assess them, and to enforce the collection of them.
In the United Netherlands the general government has compleat powers, as to external
taxation; but as to internal taxes, it makes requisitions on the provinces. Internal taxation in
this country is more important, as the country is so very extensive. As many assessors and
collectors of federal taxes will be above three hundred miles from the seat of the federal
government as will be less. Besides, to lay and collect internal taxes, in this extensive
country, must require a great number of congressional ordinances, immediately operating
upon the body of the people; these must continually interfere with the state laws, and
thereby produce disorder and general dissatisfaction, till the one system of laws or the
other, operating upon the same subjects, shall be abolished. These ordinances alone, to say
nothing of those respecting the militia, coin, commerce, federal judiciary, etc. etc. will
probably soon defeat the operations of the state laws and governments.
Should the general government think it politic, as some administrations (if not all)
probably will, to look for a support in a system of influence, the government will take
every occasion to multiply laws, and officers to execute them, considering these as so
many necessary props for its own support. Should this system of policy be adopted, taxes
more productive than the impost duties will, probably, be wanted to support the
government, and to discharge foreign demands, without leaving any thing for the domestic
creditors. The internal sources of taxation then must be called into operation, and internal
tax laws and federal assessors and collectors spread over this immense country. All these
circumstances considered, is it wise, prudent, or safe, to vest the powers of laying and
collecting internal taxes in the general government, while imperfectly organized and
inadequate; and to trust to amending it hereafter, and making it adequate to this purpose? It
is not only unsafe but absurd to lodge power in a government before it is fitted to receive
it? [Sic.] It is confessed that this power and representation ought to go together. Why give
the power first? Why give the power to the few, who, when possessed of it, may have
address enough to prevent the increase of representation? Why not keep the power, and,
when necessary, amend the constitution, and add to its other parts this power, and a proper
increase of representation at the same time? Then men who may want the power will be
under strong inducements to let in the people, by their representatives, into the
government, to hold their due proportion of this power. If a proper representation be
impracticable, then we shall see this power resting in the states, where it at present ought to
be, and not inconsiderately given up.
When I recollect how lately congress, conventions, legislatures, and people contended in
the cause of liberty, and carefully weighed the importance of taxation, I can scarcely
believe we are serious in proposing to vest the powers of laying and collecting internal
taxes in a government so imperfectly organized for such purposes. Should the United
States be taxed by a house of representatives of two hundred members, which would be
about fifteen members for Connecticut, twenty-five for Massachusetts, etc. still the middle
and lower classes of people could have no great share, in fact, in taxation. I am aware it is
said, that the representation proposed by the new constitution is sufficiently numerous; it
may be for many purposes; but to suppose that this branch is sufficiently numerous to
guard the rights of the people in the administration of the government, in which the purse
and sword is placed, seems to argue that we have forgot what the true meaning of
representation is. I am sensible also, that it is said that congress will not attempt to lay and
collect internal taxes; that it is necessary for them to have the power, though it cannot
probably be exercised.I admit that it is not probable that any prudent congress will
attempt to lay and collect internal taxes, especially direct taxes: but this only proves, that
the power would be improperly lodged in congress, and that it might be abused by
imprudent and designing men.
I have heard several gentlemen, to get rid of objections to this part of the constitution,
attempt to construe the powers relative to direct taxes, as those who object to it would have
them; as to these, it is said, that congress will only have power to make requisitions,
leaving it to the states to lay and collect them. I see but very little colour for this
construction, and the attempt only proves that this part of the plan cannot be defended. By
this plan there can be no doubt, but that the powers of congress will be complete as to all
kinds of taxes whateverFurther, as to internal taxes, the state governments will have
concurrent powers with the general government, and both may tax the same objects in the
same year; and the objection that the general government may suspend a state tax, as a
necessary measure for the promoting the collection of a federal tax, is not without
foundation.As the states owe large debts, and have large demands upon them
individually, there clearly would be a propriety in leaving in their possession exclusively,
some of the internal sources of taxation, at least until the federal representation shall be
properly encreased: The power in the general government to lay and collect internal taxes,
will render its powers respecting armies, navies and the militia, the more exceptionable. By
the constitution it is proposed that congress shall have power "to raise and support armies,
but no appropriation of money to that use shall be for a longer term than two years; to
provide and maintain a navy; to provide for calling forth the militia to execute the laws of
the union, suppress insurrections, and repel invasions: to provide for organizing, arming,
and disciplining the militia: reserving to the states the right to appoint the officers, and to
train the militia according to the discipline prescribed by congress; congress will have
unlimited power to raise armies, and to engage officers and men for any number of years;
but a legislative act applying money for their support can have operation for no longer term
than two years, and if a subsequent congress do not within the two years renew the
appropriation, or further appropriate monies for the use of the army, the army will be left to
take care of itself. When an army shall once be raised for a number of years, it is not
probable that it will find much difficulty in getting congress to pass laws for applying
monies to its support. I see so many men in America fond of a standing army, and
especially among those who probably will have a large share in administering the federal
system; it is very evident to me, that we shall have a large standing army as soon as the
monies to support them can be possibly found. An army is a very agreeable place of
employment for the young gentlemen of many families. A power to raise armies must be
lodged some where; still this will not justify the lodging this power in a bare majority of so
few men without any checks; or in the government in which the great body of the people,
in the nature of things, will be only nominally represented. In the state governments the
great body of the people, the yeomanry, etc. of the country, are represented: It is true they
will chuse the members of congress, and may now and then chuse a man of their own way
of thinking; but it is impossible for forty, or thirty thousand people in this country, one
time in ten to find a man who can possess similar feelings, views, and interests with
themselves: Powers to lay and collect taxes and to raise armies are of the greatest moment;
for carrying them into effect, laws need not be frequently made, and the yeomanry, etc of
the country ought substantially to have a check upon the passing of these laws; this check
ought to be placed in the legislatures, or at least, in the few men the common people of the
country, will, probably, have in congress, in the true sense of the word, "from among
themselves." It is true, the yeomanry of the country possess the lands, the weight of
property, possess arms, and are too strong a body of men to be openly offendedand,
therefore, it is urged, they will take care of themselves, that men who shall govern will not
dare pay any disrespect to their opinions. It is easily perceived, that if they have not their
proper negative upon passing laws in congress, or on the passage of laws relative to taxes
and armies, they may in twenty or thirty years be by means imperceptible to them, totally
deprived of that boasted weight and strength: This may be done in a great measure by
congress, if disposed to do it, by modelling the militia. Should one fifth, or one eighth part
of the men capable of bearing arms, be made a select militia, as has been proposed, and
those the young and ardent part of the community, possessed of but little or no property,
and all the others put upon a plan that will render them of no importance, the former will
answer all the purposes of an army, while the latter will be defenceless. The state must
train the militia in such form and according to such systems and rules as congress shall
prescribe: and the only actual influence the respective states will have respecting the
militia will be in appointing the officers. I see no provision made for calling out the posse
commitatus for executing the laws of the union, but provision is made for congress to call
forth the militia for the execution of themand the militia in general, or any select part of
it, may be called out under military officers, instead of the sheriff to enforce an execution
of federal laws, in the first instance and thereby introduce an entire military execution of
the laws. I know that powers to raise taxes, to regulate the military strength of the
community on some uniform plan, to provide for its defence and internal order, and for
duly executing the laws, must be lodged somewhere; but still we ought not so to lodge
them. as evidently to give one order of men in the community, undue advantages over
others; or commit the many to the mercy, prudence, and moderation of the few. And so far
as it may be necessary to lodge any of the peculiar powers in the general government, a
more safe exercise of them ought to be secured, by requiring the consent of two-thirds or
three-fourths of congress theretountil the federal representation can be increased, so that
the democratic members in congress may stand some tolerable chance of a reasonable
negative, in behalf of the numerous, important, and democratic part of the community.
I am not sufficiently acquainted with the laws and internal police of all the states to discern
fully, how general bankrupt laws, made by the union, would effect them, or promote the
public good. I believe the property of debtors, in the several states, is held responsible for
their debts in modes and forms very different. If uniform bankrupt laws can be made
without producing real and substantial inconveniences, I wish them to be made by
congress.
There are some powers proposed to be lodged in the general government in the judicial
department, I think very unnecessarily, I mean powers respecting questions arising upon
the internal laws of the respective states. It is proper the federal judiciary should have
powers co-extensive with the federal legislaturethat is, the power of deciding finally on
the laws of the union. By Art. 3. Sect. 2. the powers of the federal judiciary are extended
(among other things) to all cases between a state and citizens of another statebetween
citizens of different statesbetween a state or the citizens thereof, and foreign states,
citizens or subjects. Actions in all these cases, except against a state government, are now
brought and finally determined in the law courts of the states respectively; and as there are
no words to exclude these courts of their jurisdiction in these cases, they will have
concurrent jurisdiction with the inferior federal courts in them; and, therefore, if the new
constitution be adopted without any amendment in this respect, all those numerous actions,
now brought in the state courts between our citizens and foreigners, between citizens of
different states, by state governments against foreigners, and by state governments against
citizens of other states, may also be brought in the federal courts; and an appeal will lay in
them from the state courts, or federal inferior courts, to the supreme judicial court of the
union. In almost all these cases, either party may have the trial by jury in the state courts;
excepting paper money and tender laws, which are wisely guarded against in the proposed
constitution, justice may be obtained in these courts on reasonable terms; they must be
more competent to proper decisions on the laws of their respective states, than the federal
courts can possibly be. I do not, in any point of view, see the need of opening a new
jurisdiction to these causesof opening a new scene of expensive law suitsof suffering
foreigners, and citizens of different states, to drag each other many hundred miles into the
federal courts. It is true, those courts may be so organized by a wise and prudent
legislature, as to make the obtaining of justice in them tolerably easy; they may in general
be organized on the common law principles of the country: But this benefit is by no means
secured by the constitution. The trial by jury is secured only in those few criminal cases, to
which the federal laws will extendas crimes committed on the seas, against the laws of
nations, treason, and counterfeiting the federal securities and coin: But even in these cases,
the jury trial of the vicinage is not securedparticularly in the large states, a citizen may
be tried for a crime committed in the state, and yet tried in some states 500 miles from the
place where it was committed; but the jury trial is not secured at all in civil causes. Though
the convention have not established this trial, it is to be hoped that congress, in putting the
new system into execution, will do it by a legislative act, in all cases in which it can be
done with propriety. Whether the jury trial is not excluded [from] the supreme judicial
court, is an important question. By Art. 3. Sect. 2. all cases affecting ambassadors, other
public ministers, and consuls, and in those cases in which a state shall be party, the
supreme court shall have jurisdiction. In all the other cases beforementioned, the supreme
court shall have appellate jurisdiction, both as to law and fact, with such exception, and
under such regulations, as the congress shall make. By court is understood a court
consisting of judges; and the idea of a jury is excluded. This court, or the judges, are to
have jurisdiction on appeals, in all the cases enumerated, as to law and fact; the judges are
to decide the law and try the fact, and the trial of the fact being assigned to the judges by
the constitution, a jury for trying the fact is excluded; however, under the exceptions and
powers to make regulations, congress may, perhaps introduce the jury, to try the fact in
most necessary cases.
There can be but one supreme court in which the final jurisdiction will centre in all federal
causesexcept in cases where appeals by law shall not be allowed: The judicial powers of
the federal courts extends in law and equity to certain cases: and, therefore, the powers to
determine on the law, in equity, and as to the fact, all will concentre in the supreme
court:These powers, which by this constitution are blended in the same hands, the same
judges, are in Great-Britain deposited in different handsto wit, the decision of the law in
the law judges, the decision in equity in the chancellor, and the trial of the fact in the jury.
It is a very dangerous thing to vest in the same judge power to decide on the law, and also
general powers in equity; for if the law restrain him, he is only to step into his shoes of
equity, and give what judgment his reason or opinion may dictate; we have no precedents
in this country, as yet, to regulate the divisions in equity as in Great Britain; equity,
therefore, in the supreme court for many years will be mere discretion. I confess in the
constitution of this supreme court, as left by the constitution, I do not see a spark of
freedom or a shadow of our own or the British common law.

This court is to have appellate jurisdiction in all the other cases before mentioned: Many
sensible men suppose that cases before mentioned respect, as well the criminal cases as the
civil ones, mentioned antecedently in the constitution, if so an appeal is allowed in
criminal casescontrary to the usual sense of law. How far it may be proper to admit a
foreigner or the citizen of another state to bring actions against state governments, which
have failed in performing so many promises made during the war, is doubtful: How far it
may be proper so to humble a state, as to oblige it to answer to an individual in a court of
law, is worthy of consideration; the states are now subject to no such actions; and this new
jurisdiction will subject the states, and many defendants to actions, and processes, which
were not in the contemplation of the parties, when the contract was made; all engagements
existing between citizens of different states, citizens and foreigners, states and foreigners;
and states and citizens of other states were made the parties contemplating the remedies
then existing on the laws of the statesand the new remedy proposed to be given in the
federal courts, can be founded on no principle whatever.

Anti-Federalist No. 37, Factions and the Constitution (The Federal Farmer No. I)
In his first letter, The Federal Farmer questions the urgency of replacing the Articles of
Confederation, and questions the motives of those who urge rapid adoption of the
Constitution. He asserts that the new government would be national, rather than federal in
nature, and that the states would not have joined the Federal Constitutional Convention if
they had suspected this was the goal.
8 October 1787
By Richard Henry Lee, The Federal Farmer
Dear Sir,
My letters to you last winter, on the subject of a well balanced national government for the
United States, were the result of free enquiry; when I passed from that subject to enquiries
relative to our commerce, revenues, past administration, etc. I anticipated the anxieties I
feel, on carefully examining the plan of government proposed by the convention. It appears
to be a plan retaining some federal features; but to be the first important step, and to aim
strongly to one consolidated government of the United States. It leaves the powers of
government, and the representation of the people, so unnaturally divided between the
general and state governments, that the operations of our system must be very uncertain.
My uniform federal attachments, and the interest I have in the protection of property, and a
steady execution of the laws, will convince you, that, if I am under any biass at all, it is in
favor of any general system which shall promise those advantages. The instability of our
laws increases my wishes for firm and steady government; but then, I can consent to no
government, which, in my opinion, is not calculated equally to preserve the rights of all
orders of men in the community. My object has been to join with those who have
endeavoured to supply the defects in the forms of our governments by a steady and proper
administration of them. Though I have long apprehended that fraudalent debtors, and
embarrassed men, on the one hand, and men, on the other, unfriendly to republican
equality, would produce an uneasiness among the people, and prepare the way, not for cool
and deliberate reforms in the governments, but for changes calculated to promote the
interests of particular orders of men. Acquit me, sir, of any agency in the formation of the
new system; I shall be satisfied with seeing, if it shall be adopted, a prudent administration.
Indeed I am so much convinced of the truth of Pope's maxim, that "That which is best
administered is best," that I am much inclined to subscribe to it from experience. I am not
disposed to unreasonably contend about forms. I know our situation is critical, and it
behoves us to make the best of it. A federal government of some sort is necessary. We
have suffered the present to languish; and whether the confederation was capable or not
originally of answering any valuable purposes, it is now but of little importance. I will pass
by the men, and states, who have been particularly instrumental in preparing the way for a
change, and, perhaps, for governments not very favourable to the people at large. A
constitution is now presented which we may reject, or which we may accept, with or
without amendments; and to which point we ought to direct our exertions, is the question.
To determine this question, with propriety, we must attentively examine the system itself,
and the probable consequences of either step. This I shall endeavour to do, so far as I am
able, with candor and fairness; and leave you to decide upon the propriety of my opinions,
the weight of my reasons, and how far my conclusions are well drawn. Whatever may be
the conduct of others, on the present occasion, I do not mean, hastily and positively to
decide on the merits of the constitution proposed. I shall be open to conviction, and always
disposed to adopt that which, all things considered, shall appear to me to be most for the
happiness of the community. It must be granted, that if men hastily and blindly adopt a
system of government, they will as hastily and as blindly be led to alter or abolish it; and
changes must ensue, one after another, till the peaceable and better part of the community
will grow weary with changes, tumults and disorders, and be disposed to accept any
government, however despotic, that shall promise stability and firmness.
The first principal question that occurs, is. Whether, considering our situation, we ought to
precipitate the adoption of the proposed constitution? If we remain cool and temperate, we
are in no immediate danger of any commotions; we are in a state of perfect peace, and in
no danger of invasions; the state governments are in the full exercise of their powers; and
our governments answer all present exigencies, except the regulation of trade, securing
credit, in some cases, and providing for the interest, in some instances, of the public debts;
and whether we adopt a change, three or nine months hence, can make but little odds with
the private circumstances of individuals; their happiness and prosperity, after all, depend
principally upon their own exertions. We are hardly recovered from a long and distressing
war: The farmers, fishmen, &c. have not yet fully repaired the waste made by it. Industry
and frugality are again assuming their proper station. Private debts are lessened, and public
debts incurred by the war have been, by various ways, diminished; and the public lands
have now become a productive source for diminishing them much more. I know uneasy
men, who wish very much to precipitate, do not admit all these facts; but they are facts
well known to all men who are thoroughly informed in the affairs of this country. It must,
however, be admitted, that our federal system is defective, and that some of the state
governments are not well administered; but, then, we impute to the defects in our
governments many evils and embarrassments which are most clearly the result of the late
war. We must allow men to conduct on the present occasion, as on all similar ones. They
will urge a thousand pretences to answer their purposes on both sides. When we want a
man to change his condition, we describe it as miserable, wretched, and despised; and draw
a pleasing picture of that which we would have him assume. And when we wish the
contrary, we reverse our descriptions. Whenever a clamor is raised, and idle men get to
work, it is highly necessary to examine facts carefully, and without unreasonably
suspecting men of falshood, to examine, and enquire attentively, under what impressions
they act. It is too often the case in political concerns, that men state facts not as they are,
but as they wish them to be; and almost every man, by calling to mind past scenes, will
find this to be true.
Nothing but the passions of ambitious, impatient, or disorderly men, I conceive, will
plunge us into commotions, if time should be taken fully to examine and consider the
system proposed. Men who feel easy in their circumstances, and such as are not sanguine
in their expectations relative to the consequences of the proposed change, will remain quiet
under the existing governments. Many commercial and monied men, who are uneasy, not
without just cause, ought to be respected; and, by no means, unreasonably disappointed in
their expectations and hopes; but as to those who expect employments under the new
constitution; as to those weak and ardent men who always expect to be gainers by
revolutions, and whose lot it generally is to get out of one difficulty into another, they are
very little to be regarded: and as to those who designedly avail themselves of this weakness
and ardor, they are to be despised. It is natural for men, who wish to hasten the adoption of
a measure, to tell us, now is the crisisnow is the critical moment which must be seized,
or all will be lost: and to shut the door against free enquiry, whenever conscious the thing
presented has defects in it, which time and investigation will probably discover. This has
been the custom of tyrants and their dependants in all ages. If it is true, what has been so
often said, that the people of this country cannot change their condition for the worse, I
presume it still behoves them to endeavour deliberately to change it for the better. The
fickle and ardent, in any community, are the proper tools for establishing despotic
government. But it is deliberate and thinking men, who must establish and secure
governments on free principles. Before they decide on the plan proposed, they will enquire
whether it will probably be a blessing or a curse to this people.
The present moment discovers a new face in our affairs. Our object has been all along, to
reform our federal system, and to strengthen our governmentsto establish peace, order
and justice in the communitybut a new object now presents. The plan of government
now proposed is evidently calculated totally to change, in time, our condition as a people.
Instead of being thirteen republics, under a federal head, it is clearly designed to make us
one consolidated government. Of this, I think, I shall fully convince you, in my following
letters on this subject. This consolidation of the states has been the object of several men in
this country for some time past. Whether such a change can ever be effected in any
manner; whether it can be effected without convulsions and civil wars; whether such a
change will not totally destroy the liberties of this countrytime only can determine.
To have a just idea of the government before us, and to shew that a consolidated one is the
object in view, it is necessary not only to examine the plan, but also its history, and the
politics of its particular friends.
The confederation was formed when great confidence was placed in the voluntary
exertions of individuals, and of the respective states; and the framers of it, to guard against
usurpation, so limited and checked the powers, that, in many respects, they are inadequate
to the exigencies of the union. We find, therefore, members of congress urging alterations
in the federal system almost as soon as it was adopted. It was early proposed to vest
congress with powers to levy an impost, to regulate trade, etc. but such was known to be
the caution of the states in parting with power, that the vestment, even of these, was
proposed to be under several checks and limitations. During the war, the general
confusion, and the introduction of paper money, infused in the minds of people vague
ideas respecting government and credit. We expected too much from the return of peace,
and of course we have been disappointed. Our governments have been new and unsettled;
and several legislatures, by making tender, suspension, and paper money laws, have given
just cause of uneasiness to creditors. By these and other causes, several orders of men in
the community have been prepared, by degrees, for a change of government; and this very
abuse of power in the legislatures, which, in some cases, has been charged upon the
democratic part of the community, has furnished aristocratical men with those very
weapons, and those very means, with which, in great measure, they are rapidly effecting
their favourite object. And should an oppressive government be the consequence of the
proposed change, posterity may reproach not only a few overbearing unprincipled men, but
those parties in the states which have misused their powers.
The conduct of several legislatures, touching paper money, and tender laws, has prepared
many honest men for changes in government, which otherwise they would not have
thought ofwhen by the evils, on the one hand, and by the secret instigations of artful
men, on the other, the minds of men were become sufficiently uneasy, a bold step was
taken, which is usually followed by a revolution, or a civil war. A general convention for
mere commercial purposes was moved forthe authors of this measure saw that the
people's attention was turned solely to the amendment of the federal system; and that, had
the idea of a total change been started, probably no state would have appointed members to
the convention. The idea of destroying, ultimately, the state government, and forming one
consolidated system, could not have been admitteda convention, therefore, merely for
vesting in congress power to regulate trade was proposed. This was pleasing to the
commercial towns; and the landed people had little or no concern about it. September,
1786, a few men from the middle states met at Annapolis, and hastily proposed a
convention to be held in May, 1787, for the purpose, generally, of amending the
confederationthis was done before the delegates of Massachusetts, and of the other states
arrivedstill not a word was said about destroying the old constitution, and making a new
oneThe states still unsuspecting, and not aware that they were passing the Rubicon,
appointed members to the new convention, for the sole and express purpose of revising and
amending the confederationand, probably, not one man in ten thousand in the United
States, till within these ten or twelve days, had an idea that the old ship was to be
destroyed, and he put to the alternative of embarking in the new ship presented, or of being
left in danger of sinkingThe States, I believe, universally supposed the convention
would report alterations in the confederation, which would pass an examination in
congress, and after being agreed to there, would be confirmed by all the legislatures, or be
rejected. Virginia made a very respectable appointment, and placed at the head of it the
first man in America: In this appointment there was a mixture of political characters; but
Pennsylvania appointed principally those men who are esteemed aristocratical. Here the
favourite moment for changing the government was evidently discerned by a few men,
who seized it with address. Ten other states appointed, and tho' they chose men principally
connected with commerce and the judicial department yet they appointed many good
republican charactershad they all attended we should now see, I am persuaded a better
system presented. The non-attendance of eight or nine men, who were appointed members
of the convention, I shall ever consider as a very unfortunate event to the United States.
Had they attended, I am pretty clear, that the result of the convention would not have had
that strong tendency to aristocracy now discemable in every part of the plan. There would
not have been so great an accumulation of powers, especially as to the internal police of
the country, in a few hands, as the constitution reported proposes to vest in themthe
young visionary men, and the consolidating aristocracy, would have been more restrained
than they have been. Eleven states met in the convention, and after four months close
attention presented the new constitution, to be adopted or rejected by the people. The
uneasy and fickle part of the community may be prepared to receive any form of
government; but, I presume, the enlightened and substantial part will give any constitution
presented for their adoption, a candid and thorough examination; and silence those
designing or empty men, who weakly and rashly attempt to precipitate the adoption of a
system of so much importanceWe shall view the convention with proper respectand,
at the same time, that we reflect there were men of abilities and integrity in it, we must
recollect how disproportionably the democratic and aristocratic parts of the community
were representedPerhaps the judicious friends and opposers of the new constitution will
agree, that it is best to let it rest solely on its own merits, or be condemned for its own
defects.
In the first place, I shall premise, that the plan proposed is a plan of accommodationand
that it is in this way only, and by giving up a part of our opinions, that we can ever expect
to obtain a government founded in freedom and compact. This circumstance candid men
will always keep in view, in the discussion of this subject.
The plan proposed appears to be partly federal, but principally however, calculated
ultimately to make the states one consolidated government.
The first interesting question, therefore suggested, is, how far the states can be
consolidated into one entire government on free principles. In considering this question
extensive objects are to be taken into view, and important changes in the forms of
government to be carefully attended to in all their consequences. The happiness of the
people at large must be the great object with every honest statesman, and he will direct
every movement to this point. If we are so situated as a people, as not to be able to enjoy
equal happiness and advantages under one government, the consolidation of the states
cannot be admitted.
There are three different forms of free government under which the United States may
exist as one nation; and now is, perhaps, the time to determine to which we will direct our
views. 1. Distinct republics connected under a federal head. In this case the respective state
governments must be the principal guardians of the peoples rights, and exclusively regulate
their internal police; in them must rest the balance of government. The congress of the
states, or federal head, must consist of delegates amenable to, and removeable by the
respective states: This congress must have general directing powers; powers to require men
and monies of the states; to make treaties, peace and war; to direct the operations of
armies, etc. Under this federal modification of government, the powers of congress would
be rather advisary or recommendatory than coercive. 2. We may do away the several state
governments, and form or consolidate all the states into one entire government, with one
executive, one judiciary, and one legislature, consisting of senators and representatives
collected from all parts of the union: In this case there would be a compleat consolidation
of the states. 3. We may consolidate the states as to certain national objects, and leave them
severally distinct independent republics, as to internal police generally. Let the general
government consist of an executive, a judiciary, and balanced legislature, and its powers
extend exclusively to all foreign concerns, causes arising on the seas to commerce,
imports, armies, navies, Indian affairs, peace and war, and to a few internal concerns of the
community; to the coin, post-offices, weights and measures, a general plan for the militia,
to naturalization, and, perhaps to bankruptcies, leaving the internal police of the
community, in other respects, exclusively to the state governments; as the administration
of justice in all causes arising internally, the laying and collecting of internal taxes, and the
forming of the militia according to a general plan prescribed. In this case there would be a
compleat consolidation, quoad certain objects only.
Touching the first, or federal plan, I do not think much can be said in its favor: The
sovereignty of the nation, without coercive and efficient powers to collect the strength of it,
cannot always be depended on to answer the purposes of government; and in a congress of
representatives of sovereign states, there must necessarily be an unreasonable mixture of
powers in the same hands.
As to the second, or compleat consolidating plan, it deserves to be carefully considered at

this time, by every American: If it be impracticable, it is a fatal error to model our
governments, directing our views ultimately to it.
The third plan, or partial consolidation, is, in my opinion, the only one that can secure the
freedom and happiness of this people. I once had some general ideas that the second plan
was practicable, but from long attention, and the proceedings of the convention, I am fully
satisfied, that this third plan is the only one we can with safety and propriety proceed upon.
Making this the standard to point out, with candor and fairness, the parts of the new
constitution which appear to be improper, is my object. The convention appears to have
proposed the partial consolidation evidently with a view to collect all powers ultimately, in
the United States into one entire government; and from its views in this respect, and from
the tenacity of the small states to have an equal vote in the senate, probably originated the
greatest defects in the proposed plan.
Independant of the opinions of many great authors, that a free elective government cannot
be extended over large territories, a few reflections must evince, that one government and
general legislation alone, never can extend equal benefits to all parts of the United States:
Different laws, customs, and opinions exist in the different states, which by a uniform
system of laws would be unreasonably invaded. The United States contain about a million
of square miles, and in half a century will, probably, contain ten millions of people; and
from the center to the extremes is about 800 miles.
Before we do away the state governments, or adopt measures that will tend to abolish
them, and to consolidate the states into one entire government, several principles should be
considered and facts ascertained:These, and my examination into the essential parts of
the proposed plan, I shall pursue in my next.

Anti-Federalist No. 38, Some Reactions to Federalist Arguments
This was an essay by "BRUTUS JUNIOR" which appeared in The New-York Journal on
November 8, 1787. Two articles by "A COUNTRYMAN" were written by DeWitt Clinton,
and appeared also in the New York Journal on January 10 and February 14, 1788.
I have read with a degree of attention several publications which have lately appeared in
favor of the new Constitution; and as far as I am able to discern, the arguments (if they can
be so termed) of most weight, which are urged in its favor, may be reduced to the two
following:
1st. That the men who formed it, were wise and experienced; that they were an illustrious
band of patriots, and had the happiness of their country at heart; that they were four months
deliberating on the subject, and therefore, it must be a perfect system.
2nd. That if the system be not received, this country will be without any government, and
of consequence, will be reduced to a state of anarchy and confusion, and involved in
bloodshed and carnage; and in the end, a government will be imposed upon us, not the
result of reason and reflection, but of force and usurpation.
As I do not find ' that either Cato or the Centinel, Brutus, or the Old Whig, or any other
writer against this constitution, have undertaken a particular refutation of this new species
of reasoning, I take the liberty of offering to the public, through the channel of your paper,
the few following animadversions on the subject; and, the rather, because I have
discovered, that some of my fellow citizens have been imposed upon by it.
With respect to the first,-it will be readily perceived that it precludes all investigation of the
merits of the proposed constitution, and leads to an adoption of the plan without inquiring
whether it be good or bad. For if we are to infer the perfection of this system from the
characters and abilities of the men who formed it, we may as well determine to accept it
without any inquiry as with. A number of persons in this [New York] as well as the other
states, have, upon this principle, determined to submit to it without even reading or
knowing its contents.
But supposing the premises from which this conclusion is drawn to be just, it then becomes
essential in order to give validity to the argument, to inquire into the characters of those
who composed this body, that we may determine whether we can be justified in placing
such unbounded confidence in them.
It is an invidious task, to call in question the characters of individuals, especially of such as

are placed in illustrious stations. But when we are required implicitly to submit our
opinions to those of others, from a consideration that they are so wise and good as not to be
liable to err, and that too in an affair which involves in it the happiness of ourselves and
our posterity, every honest man will justify a decent investigation of characters in plain
language.

It is readily admitted that many individuals who composed this body were men of the first
talents and integrity in the union. It is at the same time, well known to every man, who is
but moderately acquainted with the characters of the members, that many of them are
possessed of high aristocratic ideas, and the most sovereign contempt of the common
people; that not a few were strongly disposed in favor of monarchy; that there were some
of no small talents and of great influence, of consummate cunning and masters of intrigue,
whom the war found poor or in embarrassed circumstances, and left with princely fortunes
acquired in public employment. . . . that there were others who were young, ardent, and
ambitious, who wished for a government corresponding with their feelings, while they
were destitute of experience ... in political researches; that there were not a few who were
gaping for posts of honor and emolument-these we find exulting in the idea of a change
which will divert places of honor, influence and emolument, into a different channel,
where the confidence of the people will not be necessary to their acquirement. It is not to
be wondered at, that an assembly thus composed should produce a system liable to well
founded objections, and which will require very essential alterations. We are told by one of
themselves (Mr. [James] Wilson of Philadelphia) the plan was [a] matter of
accommodation, and it is not unreasonable to suppose, that in this accommodation,
principles might be introduced which would render the liberties of the people very
insecure.
I confess I think it of no importance what are the characters of the framers of this
government, and therefore should not have called them in question, if they had not been so
often urged in print, and in conversation, in its favor. It ought to rest on its own intrinsic
merit. If it is good, it is capable of being vindicated; if it is bad, it ought not to be
supported. It is degrading to a freeman, and humiliating to a rational one, to pin his faith on
the sleeve of any man, or body of men, in an affair of such momentous importance.
In answer to the second argument, I deny that we are in immediate danger of anarchy and
commotions. Nothing but the passions of wicked and ambitious men will put us in the least
danger on this head. Those who are anxious to precipitate a measure will always tell us that
the present is the critical moment; now is the time, the crisis is arrived, and the present
minute must be seized. Tyrants have always made use of this plea; but nothing in our
circumstances can justify it.
The country is in profound peace, and we are not threatened by invasions from any quarter.
The governments of the respective states are in the full exercise of their powers; and the
lives, the liberty, and property of individuals are protected. All present exigencies are
answered by them. It is true, the regulation of trade and a competent provision for the
payment of the interest of the public debt is wanting; but no immediate commotion will
arise from these; time may be taken for calm discussion and deliberate conclusions.
Individuals are just recovering from the losses and embarrassment sustained by the late
war. Industry and frugality are taking their station, and banishing from the community,
idleness and prodigality. Individuals are lessening their private debts, and several millions
of the public debt is discharged by the sale of the western territory. There is no reason,
therefore, why we should precipitately and rashly adopt a system, which is imperfect or
insecure. We may securely deliberate and propose amendments and alterations. I know it is
said we cannot change for the worse; but if we act the part of wise men, we shall take care
that we change for the better. It will be labor lost, if after all our pains we are in no better
circumstances than we were before.
If any tumults arise, they will be justly chargeable on those artful and ambitious men, who
are determined to cram this government down the throats of the people, before they have
time deliberately to examine it. All the measures of the leaders of this faction have tended
to this point. In Congress they attempted to obtain a resolution to approve the constitution,
without going into an examination of it. In Pennsylvania, the chiefs of the party, who
themselves were of the convention, that framed this system, within a few days after it
dissolved, and before Congress had considered it, indecently brought forward a motion in
their general assembly for recommending a convention; when a number of respectable men
of that legislature, withdrew from the house, refusing to sanction with their presence, a
measure so flagrantly improper, they procured a mob to carry a sufficient number of them
by force to the house, to enable them to proceed on the business.
In Boston, the printers have refused to print against this plan, and have been countenanced
in it. In Connecticut, papers have been handed about for the people to sign, to support it,
and the names of those who decline signing if, have been taken down in what was called, a
black list, to intimidate them into a compliance, and this before the people had time to read
and understand the meaning of the constitution. Many of the members of the convention,
who were charged with other public business, have abandoned their duty, and hastened to
their states to precipitate an adoption of the measure. The most unwearied pains has been
taken, to persuade the legislatures to recommend conventions to be elected to meet at early
periods, before an opportunity could be had to examine the constitution proposed; every art
has been used to exasperate the people against those, who made objections to the plan.
They have been told that the opposition is chiefly made by state officers, who expect to
lose their places by the change, though the propagators of this falsehood, know, that very
few of the state offices will be vacated by the new constitution, and are well apprized, that
should it take place, it will give birth to a vast number of more lucrative and permanent
appointments, which its principal advocates in every state are warmly in the pursuit of. Is it
not extraordinary, that those men who are predicting, that a rejection of this constitution
will lead to every evil, which anarchy and confusion can produce, should at the same
moment embrace and pursue with unabating industry, every measure in their power, to
rouse the passions, and thereby preclude calm and dispassionate enquiry. It would be wise
in them, however, to reflect in season that should public commotion take place, they will
not only be answerable for the consequences, and the blood that may be shed, but that on
such an event, it is more than probable the people will discern the advocates for their
liberties, from those who are aiming to enslave them, and that each will receive their just
deserts.
BRUTUS JUNIOR
I have seen enough to convince me very fully, that the new constitution is a very bad one,
and a hundred-fold worse than our present government. And I do not perceive that any of
the writers in favor of it (although some of them use a vast many fine words, and show a
great deal of learning) are able to remove any of the objections which are made against it.
Mr. [James] Wilson, indeed, speaks very highly of it, but we have only his word for its
goodness; and nothing is more natural than for a mother to speak well of her own bantling,
however ordinary it may be. He seems, however, to be pretty honest in one thing-where he
says, "It is the nature of man to pursue his own interest, in preference to the public good"'-
for they tell me he is a lawyer, and his interest then makes him for the new government, for
it will be a noble thing for lawyers. Besides, he appears to have an eye to some high place
under it, since he speaks with great pleasure of the places of honor and emolument being
diverted to a new channel by this change of system. As to Mr. Publius [The Federalist], I
have read a great many of his papers, and I really cannot find out what he would be at. He
seems to me as if he was going to write a history, so I have concluded to wait and buy one
of his books, when they come out. The only thing I can understand from him, as far as I
have read, is that it is better to be united than divided-that a great many people are stronger
than a few-and that Scotland is better off since the union with England than before. And I
think, he proves too, very clearly, that the fewer nations there are in the world, the fewer
disputes [there] will be about the law of nations-and the greater number that are joined in
one government, the abler will they be to raise ships and soldiers, and the less need for
fighting. But I do not learn that any body denies these matters, or that they have any thin-
to do with the new constitution, Indeed I am at a loss to know, whether Mr. Publius means
to persuade us to return back to the old government, and make ourselves as happy as
Scotland has by its union, or to accept of the new constitution, and get all the world to join
with us, so as to make one large government. It would certainly, if what he says is true, be
very convenient for Nova-Scotia and Canada, and, for ought I know, his advice will have
great weight with them. I have also read several other of the pieces, which appear to be
wrote by some other little authors, and by people of little consequence, though they seem
to think themselves men of importance, and take upon them grand names such as . . .
Caesar,' . . . Now Mr. Caesar do[es] not depend so much on reasoning as upon bullying. He
abuses the people very much, and if he spoke in our neighborhood as impudently as he
writes in the newspapers, I question whether he would come off with whole bones. From
the manner he talks of the people, he certainly cannot be one of them himself. I imagine he
has lately come over from some old country, where they are all Lords and no common
people. If so, it would be as well for him to go back again as to meddle himself with our
business, since he holds such a bad opinion of us.
A COUNTRYMAN
The Federalist, as be terms himself, or Publius, puts one in mind of some of the gentlemen
of the long robe, when hard pushed, in a bad cause, with a rich client. They frequently say
a great deal which does not apply; but yet, if it will not convince the judge nor jury, may,
perhaps, help to make them forget some part of the evidence, embarrass their opponent,
and make the audience stare, besides increasing the practice.

Anti-Federalist No. 39, Appearance and RealityThe Form is Federal; The Effect is
National
by A Farmer
The following excerpt is from the essays of "A FARMER." It appeared in the Philadelphia
Independent Gazetteer on April 15 and 22, 1788
. The Freeman, in his second number, after mentioning in a very delusory manner
diverse powers which remain with the states, says we shall find many other instances under
the constitution which require or imply the existence or continuance of the sovereignty and
severalty of the states. He, as well as all the advocates of the new system, take as their
strong ground the election of senators by the state legislatures, and the special
representation of the states in the federal senate, to prove that internal sovereignty still
remains with the States. Therefore they say that the new system is so far from annihilating
the state governments, that it secures them, that it cannot exist without them, that the
existence of the one is essential to the existence of the other. It is true that this particular
partakes strongly of that mystery which is characteristic of the system itself. But if I
demonstrate that this particular, so far from implying the continuance of the state
sovereignties, proves in the clearest manner the want of it, I hope the other particular
powers will not be necessary to dwell upon.
The State legislatures do not choose senators by legislative or sovereign authority, but by a
power of ministerial agency as mere electors or boards of appointment. They have no
power to direct the senators how or what duties they shall perform; they have neither
power to censure the senators, nor to supersede them for misconduct. It is not the power of
choosing to office merely that designates sovereignty, or else corporations who appoint
their own officers and make their own by-laws, or the heads of department who choose the
officers under them, such as commanders of armies, etc., may be called sovereigns,
because they can name men to office whom they cannot dismiss therefrom. The exercise of
sovereignty does not consist in choosing masters, such as the senators would be, who,
when chosen, would be beyond control, but in the power of dismissing, impeaching, or the
like, those to whom authority is delegated. The power of instructing or superseding of
delegates to Congress under the existing confederation has never been complained of,
although the necessary rotation of members of Congress has often been censured for
restraining the state sovereignties too much in the objects of their choice. As well may the
electors who are to vote for the president under the new constitution, be said to be vested
with the sovereignty, as the State legislatures in the act of choosing senators. The senators
are not even dependent on the States for their wages, but in conjunction with the federal
representatives establish their own wages. The senators do not vote by States, but as
individuals. The representatives also vote as individuals, representing people in a
consolidated or national government; they judge upon their own elections, and, with the
Senate, have the power of regulating elections in time, place and manner, which is in other
words to say, that they have the power of elections absolutely vested in them.

That the State governments have certain ministerial and convenient powers continued to
them is not denied, and in the exercise of which they may support, but cannot control the
general government, nor protect their own citizens from the exertion of civil or military
tyrannyand this ministerial power will continue with the States as long as two-thirds of
Congress shall think their agency necessary. But even this will be no longer than two-
thirds of Congress shall think proper to propose, and use the influence of which they would
be so largely possessed to remove it.
But these powers of which the Freeman gives us such a profuse detail, and in describing
which he repeats the same powers with only varying the terms, such as the powers of
officering and training the militia, appointing State officers, and governing in a number of
internal cases, do not any of them separately, nor all taken together, amount to independent
sovereignty. They are powers of mere ministerial agency, which may, and in many nations
of Europe are or have been vested, as before observed, in heads of departments, hereditary
vassals of the crown, or in corporations; but not that kind of independent sovereignty
which can constitute a member of a federal republic, which can enable a State to exist
within itself if the general government should cease.
I have often wondered how any writer of sense could have the confidence to avow, or
could suppose the people to be ignorant enough to believe that, when a State is deprived of
the power not only of standing armies (this the members of a confederacy ought to be), but
of commanding its own militia, regulating its elections, directing or superseding its
representatives, or paying them their wages; who is, moreover, deprived of the command
of any property, I mean source of revenue or taxation, or what amounts to the same thing,
who may enact laws for raising revenue, but who may have these laws rendered nugatory,
and the execution thereof superseded by the laws of Congress. [sic] This is not a strained
construction, but the natural operation of the powers of Congress under the new
constitution; for every object of revenues, every source of taxation, is vested in the general
government. Even the power of making inspection laws, which, for obvious conveniency,
is left with the several States, will be unproductive of the smallest revenue to the State
governments; for, if any should arise, it is to be paid over to the officers of Congress.
Besides, the words "to make all laws necessary and proper for carrying into execution the
foregoing powers," etc., give, without doubt, the power of repelling or forbidding the
execution of any tax law whatever, that may interfere with or impede the exercise of the
general taxing power, and it would not be possible that two taxing powers should be
exercised on the same sources of taxation without interfering with each other. May not the
exercise of this power of Congress, when they think proper, operate not only to destroy
those ministerial powers which are left with the States, but even the very forms? May they
not forbid the state legislatures to levy a shilling to pay themselves, or those whom they
employ, days' wages?
The State governments may contract for making roads (except post-roads), erecting
bridges, cutting canals, or any other object of public importance; but when the contract is
performed or the work done, may not Congress constitutionally prevent the payment?
Certainly; they may do all this and much more, and no man would have a right to charge
them with breaking the law of their appointment. It is an established maxim, that wherever
the whole power of the revenue or taxation is vested, there virtually is the whole effective,
influential, sovereign power, let the forms be what they may. By this armies are procured,
by this every other controlling guard is defeated. Every balance or check in government is
only so far effective as it has a control over the revenue.
The State governments are not only destitute of all sovereign command of, or control over,
the revenue or any part of it, but they are divested of the power of commanding or
prescribing the duties, wages, or punishments of their own militia, or of protecting their
life, property or characters from the rigors of martial law. The power of making treason
laws is both a power and an important defense of sovereignty; it is relative to and
inseparable from it; to convince the States that they are consolidated into one national
government, this power is wholly to be assumed by the general government. All the
prerogatives, all the essential characteristics of sovereignty, both of the internal and
external kind, are vested in the general government, and consequently the several States
would not be possessed of any essential power or effective guard of sovereignty. Thus I
apprehend, it is evident that the consolidation of the States into one national government
(in contra-distinction from a confederacy) would be the necessary consequence of the
establishment of the new constitution, and the intention of its framersand that
consequently the State sovereignties would be eventually annihilated, though the forms
may long remain as expensive and burdensome remembrances of what they were in the
days when (although laboring under many disadvantages) they emancipated this country
from foreign tyranny, humbled the pride and tarnished the glory of royalty, and erected a
triumphant standard to liberty and independence.

Anti-Federalist No. 40, On the Motivations and Authority of the Founding Fathers
Anti-Federalist #40 is a compilation of articles by Philadelphiensis, An American, A

Farmer and Planter, Patrick Henry, Samuel Bryan writing as Centinel, and The Yeomanry
of Massachusetts
It was a common saying among many sensible men in Great Britain and Ireland, in the
time of the war, that they doubted whether the great men of America, who had taken an
active part in favor of independence, were influenced by pure patriotism; that it was not the
love of their country they had so much at heart, as their own private, interest; that a thirst
after dominion and power, and not to protect the oppressed from the oppressor, was the
great operative principle that induced these men to oppose Britain so strenuously. This
seemingly illiberal sentiment was, however, generally denied by the well-hearted and
unsuspecting friends of American liberty in Europe, who could not suppose that men
would engage in so noble a cause thro' such base motives. But alas! The truth of the
sentiment is now indisputably confirmed; facts are stubborn things, and these set the matter
beyond controversy. The new constitution and the conduct of its despotic advocates, show
that these men's doubts were really well founded. Unparalleled duplicity! That men should
oppose tyranny under a pretence of patriotism, that they might themselves become the
tyrants. How does such villainy disgrace human nature! Ah, my fellow citizens, you have
been strangely deceived indeed; when the wealthy of your own country assisted you to
expel the foreign tyrant, only with a view to substitute themselves in his stead. . .
But the members of the Federal Convention were men w e been all tried in the field of
action, say some; they have fought for American liberty. Then the more to their shame be it
said; curse on the villain who protects virgin innocence only with a view that he may
himself become the ravisher; so that if the assertion were true, it only turns to their
disgrace; but as it happens it is not truth, or at least only so in part. This was a scheme
taken by the despots and their sycophants to bias the public mind in favor of the
constitution. For the convention was composed of a variety of characters: ambitious men,
Jesuits, tories, lawyers, etc., formed the majority, whose similitude to each other, consisted
only in their determination to lord it over their fellow citizens; like the rays that converging
from every direction meet in a point, their sentiments and deliberations concentered in
tyranny alone; they were unanimous in forming a government that should raise the fortunes
and respectability of the well born few, and oppress the plebeians.
PHILADELPHIENSIS
Does our soil produce no more Washington's? Is there none who would oppose the attempt
to establish a government by force? Can we not call from the fields, the counters, the bar,
and mechanics' shops, any more Generals? Is our soil exhausted? And does any one
suppose that the Americans, like the Romans, will submit to an army merely because they
have conquered a foreign enemy? . . .
AN AMERICAN

I revere the characters of some of the gentlemen that composed the convention at
Philadelphia, yet I think they were human, and subject to imposition and error, as well as
the rest of mankind. You lost eight or ten years of your lives and labor by the last war, and
you were left at last with your debts and encumbrances on you, and numbers of you were
soon after the close of it, sued and harassed for them. Your persons have been put into a
loathsome prison, and others of you have had your property sold for taxes, and sometimes
for one tenth of its former and actual value and you now pay very grievous and heavy
taxes, double and treble what you paid before the war; and should you adopt this new
government, your taxes will be great, increased to support their . . . servants and retainers,
who will be multiplied upon you to keep you in obedience, and collect their duties, taxes,
impositions, and excises. Some of you may say the rich men were virtuous in the last war;
yes, my countrymen, they had reason then to be so! Our liberty then was in dispute with a
mighty and powerful tyrant, and it was for their interest to promote and carry on the
opposition, as long as they could stay at home and send the common people into the field
to fight their battles. After the war began, they could not with decency recede, for the
sword and enemy were at the very entrance of their gates. The case is greatly altered now;
you conquered the enemy, and the rich men now think to subdue you by their wiles and
arts, or make you, or persuade you, to do it yourselves. Their aim, I perceive, is now to
destroy that liberty which you set up as a reward for the blood and treasure you expended
in the pursuit of and establishment of it. They well know that open force will not succeed
at this time, and have chosen a safer method, by offering you a plan of a new Federal
Government, contrived with great art, and shaded with obscurity, and recommended to you
to adopt; which if you do, their scheme is completed, the yoke is -fixed on your necks, and
you will be undone, perhaps for ever, and your boasted liberty is but a sound, Farewell! Be
wise, be watchful, guard yourselves against the dangers that are concealed in this plan of a
new Federal Government.
A FARMER AND PLANTER
Make the best of this new government-say it is composed of any thing but inspiration-you
ought to be extremely cautious, watchful, jealous of your liberty; for, instead of securing
your rights, you may lose them forever. If a wrong step be now made, the republic may be
lost forever. If this new government will not come up to the expectation of the people, and
they shall be disappointed, their liberty will be lost, and tyranny must and will arise. I
repeat it again, and I beg gentlemen to consider, that a wrong step, made now, will plunge
us into misery, and our republic will be lost. It will be necessary for this [Virginia
Ratifying] Convention to have a faithful historical detail of the facts that preceded the
session of the federal Convention, and the reasons that actuated its members in proposing
an entire alteration of government, and to demonstrate the dangers that awaited us. If they
were of such awful magnitude as to warrant a proposal so extremely perilous as this, I must
assert, that this Convention has an absolute right to a thorough discovery of every
circumstance relative to this great event. And here I would make this inquiry of those
worthy characters who composed a part of the late federal Convention. I am sure they were
fully impressed with the necessity of forming a great consolidated government, instead of a
confederation. That this is a consolidated government is demonstrably clear; and the
danger of such a government is, to my mind, very striking. I have the highest veneration
for those gentlemen; but, sir, give me leave to demand: What right had they to say, We, the
people? My political curiosity, exclusive of my anxious solicitude for the public welfare,
leads me to ask: Who authorized them to speak the language of, We, the people, instead of,
We, the states? States are the characteristics and the soul of a confederation. If the states be
not the agents of this compact, it must be one great, consolidated, national government, of
the people of all the states. I have the highest respect for those gentlemen who formed the
Convention, and, were some of them not here, I would express some testimonial of esteem
for them. America had, on a former occasion, put the utmost confidence in them-a
confidence which was well placed; and I am sure, sir, I would give up any thing to them; I
would cheerfully confide in them as my representatives. But, sir, on this great occasion, I
would demand the cause of their conduct. Even from that illustrious man who saved us by
his valor, I would have a reason for his conduct. . . . That they exceeded their power is
perfectly clear. . . . The federal Convention ought to have amended the old system; for this
purpose they were solely delegated; the object of their mission extended to no other
consideration. You must, therefore, forgive the solicitation of one unworthy member to
know what danger could have arisen under the present Confederation, and what are the
causes of this proposal to change our government.
PATRICK HENRY
What then are we to think of the motives and designs of those men who are urging the
implicit and immediate adoption of the proposed government; are they fearful, that if you
exercise your good sense and discernment, you will discover the masqued aristocracy, that
they are attempting to smuggle upon you under the suspicious garb of republicanism?
When we find that the principal agents in this business are the very men who fabricated the
form of government, it certainly ought to be conclusive evidence of their invidious design
to deprive us of our liberties. The circumstances attending this matter, are such as should in
a peculiar manner excite your suspicion; it might not be useless to take a review of some of
them.
In many of the states, particularly in this [Pennsylvania] and the northern states, there are
aristocratic juntos of the well-horn few, who have been zealously endeavoring since the
establishment of their constitutions, to humble that offensive upstart, equal liberty; but all
their efforts were unavailing, the ill-bred churl obstinately kept his assumed station. . . .
A comparison of the authority under which the convention acted, and their form of
government, will show that they have despised their delegated power, and assumed
sovereignty; that they have entirely annihilated the old confederation, and the particular
governments of the several States, and instead thereof have established one general
government that is to pervade the union; constituted on the most unequal principles,
destitute of accountability to its constituents, and as despotic in its nature, as the Venetian
aristocracy; a government that will give full scope to the magnificent designs of the well-
horn, a government where tyranny may glut its vengeance on the low-born, unchecked by
an odious bill of rights. . . ; and yet as a blind upon the understandings of the people, they
have continued the forms of the particular governments, and termed the whole a
confederation of the United States, pursuant to the sentiments of that profound, but corrupt
politician Machiavel, who advises any one who would change the constitution of a state to
keep as much as possible to the old forms; for then the people seeing the same officers, the
same formalities, courts of justice and other outward appearances, are insensible of the
alteration, and believe themselves in possession of their old government. Thus Caesar,
when he seized the Roman liberties, caused himself to be chosen dictator (which was an
ancient office), continued the senate, the consuls, the tribunes, the censors, and all other
offices and forms of the commonwealth; and yet changed Rome from the most free, to the
most tyrannical government in the world. . . .
The late convention, in the majesty of its assumed omnipotence, have not even
condescended to submit the plan of the new government to the confederation of the people,
the true source of authority; but have called upon them by their several constitutions, to
'assent to and ratify' in toto, what they have been pleased to decree; just as the grand
monarch of France requires the parliament of Paris to register his edicts without revision or
alteration, which is necessary previous to their execution. . . .
If you are in doubt about the nature and principles of the proposed government, view the
conduct of its authors and patrons: that affords the best explanation, the most striking
comment.
The evil genius of darkness presided at its birth, it came forth under the veil of mystery, its
true features being carefully concealed, and every deceptive art has been and is practicing
to have this spurious brat received as the genuine offspring of heaven-born liberty. So
fearful are its patrons that you should discern the imposition, that they have hurried on its
adoption, with the greatest precipitation. . .
After so recent a triumph over British despots, after such torrents of blood and treasure
have been spent, after involving ourselves in the distresses of an arduous war, and
incurring such a debt for the express purpose of asserting the rights of humanity; it is truly
astonishing that a set of men among ourselves should have the effrontery to attempt the
destruction of our liberties. But in this enlightened age to hope to dupe the people by the
arts they are practicing is still more extraordinary. . .
The advocates of this plan have artfully attempted to veil over the true nature and
principles of it with the names of those respectable characters that by consummate cunning
and address they have prevailed upon to sign it; and what ought to convince the people of
the deception and excite their apprehensions, is that with every advantage which education,
the science of government and of law, the knowledge of history and superior talents and
endowments, furnish the authors and advocates of this plan with, they have from its
publication exerted all their power and influence to prevent all discussion of the subject,
and when this could not be prevented they have constantly avoided the ground of argument
and recurred to declamation, sophistry and personal abuse, but principally relied upon the
magic of names. . . . Emboldened by the sanction of the august name of a Washington, that
they have prostituted to their purpose, they have presumed to overleap the usual gradations
to absolute power, and have attempted to seize at once upon the supremacy of dominion.
CENTINEL

. . . Another thing they tell us, that the constitution must be good, from the characters
which composed the Convention that framed it. It is graced with the names of a
Washington and a Franklin. Illustrious names, we know-worthy characters in civil society.
Yet we cannot suppose them to be infallible guides; neither yet that a man must necessarily
incur guilt to himself merely by dissenting from them in opinion. We cannot think the
noble general has the same ideas with ourselves, with regard to the rules of right and
wrong. We cannot think he acts a very consistent part, or did through the whole of the
contest with Great Britain. Notwithstanding he wielded the sword in defense of American
liberty, yet at the same time was, and is to this day, living upon the labors of several
hundreds of miserable Africans, as free born as himself; and some of them very likely,
descended from parents who, in point of property and dignity in their own country, might
cope with any man in America. We do not conceive we are to be overborne by the weight
of any names, however revered. "ALL MEN ARE BORN FREE AND EQUAL"......
THE YEOMANRY OF MASSACHUSETTS

Anti-Federalist No. 41-43 (Part I), The Quantity of Power the Union Must Possess Is One
Thing; The Mode of Exercising the Powers Given Is Quite A Different Consideration
(Federal Farmer essay No. XVII)
23 January 1788
Dear sir,
I believe the people of the United States are full in the opinion, that a free and mild
government can be preserved in their extensive territories, only under the substantial forms
of a federal republic. As several of the ablest advocates for the system proposed, have
acknowledged this (and I hope the confessions they have published will be preserved and
remembered) I shall not take up time to establish this point. A question then arises, how far
that system partakes of a federal republic.I observed in a former letter, that it appears to
be the first important step to a consolidation of the states; that its strong tendency is to that
point.
But what do we mean by a federal republic? and what by a consolidated government? To

erect a federal republic, we must first make a number of states on republican principles;
each state with a government organized for the internal management of its affairs: The
states, as such, must unite under a federal head, and delegate to it powers to make and
execute laws in certain enumerated cases, under certain restrictions; this head may be a
single assembly, like the present congress, or the Amphictionic council; or it may consist
of a legislature, with one or more branches; of an executive, and of a judiciary. To form a
consolidated, or one entire government, there must be no state, or local governments, but
all things, persons and property, must be subject to the laws of one legislature alone; to one
executive, and one judiciary. Each state government, as the government of New Jersey,
&c. is a consolidated, or one entire government, as it respects the counties, towns, citizens
and property within the limits of the state.The state governments are the basis, the pillar
on which the federal head is placed, and the whole together, when formed on elective
principles, constitute a federal republic. A federal republic in itself supposes state or local
governments to exist, as the body or props, on which the federal head rests, and that it
cannot remain a moment after they cease. In erecting the federal government, and always
in its councils, each state must be known as a sovereign body; but in erecting this
government, I conceive, the legislature of the state, by the expressed or implied assent of
the people, or the people of the state, under the direction of the government of it, may
accede to the federal compact: Nor do I conceive it to be necessarily a part of a
confederacy of states, that each have an equal voice in the general councils. A confederated
republic being organized, each state must retain powers for managing its internal police,
and all delegate to the union power to manage general concerns: The quantity of power the
union must possess is one thing, the mode of exercising the powers given, is quite a
different consideration; and it is the mode of exercising them, that makes one of the
essential distinctions between one entire or consolidated government, and a federal
republic; that is, however the government may be organized, if the laws of the union, in
most important concerns, as in levying and collecting taxes, raising troops, &c. operate
immediately upon the persons and property of individuals, and not on states, extend to
organizing the militia, &c. the government, as to its administration, as to making and
executing laws, is not federal, but consolidated. To illustrate my ideathe union makes a
requisition, and assigns to each state its quota of men or monies wanted; each state, by its
own laws and officers, in its own way, furnishes its quota: here the state governments stand
between the union and individuals; the laws of the union operate only on states, as such,
and federally: Here nothing can be done without the meetings of the state legislaturesbut
in the other case the union, though the state legislatures should not meet for years together,
proceeds immediately, by its own laws and officers, to levy and collect monies of
individuals, to inlist men, form armies, &c. here the laws of the union operate immediately
on the body of the people, on persons and property; in the same manner the laws of one
entire consolidated government operate.These two modes are very distinct, and in their
operation and consequences have directly opposite tendencies: The first makes the
existence of the state governments indispensable, and throws all the detail business of
levying and collecting the taxes, &c. into the hands of those governments, and into the
hands, of course, of many thousand officers solely created by, and dependent on the state.
The last entirely excludes the agency of the respective states, and throws the whole
business of levying and collecting taxes, &c. into the hands of many thousand officers
solely created by, and dependent upon the union, and makes the existence of the state
government of no consequence in the case. It is true, congress in raising any given sum in
direct taxes, must by the constitution, raise so much of it in one state, and so much in
another, by a fixed rule, which most of the states some time since agreed to: But this does
not effect the principle in question, it only secures each state against any arbitrary
proportions. The federal mode is perfectly safe and eligible, founded in the true spirit of a
confederated republic there could be no possible exception to it, did we not find by
experience, that the states will sometimes neglect to comply with the reasonable
requisitions of the union. It being according to the fundamental principles of federal
republics, to raise men and monies by requisitions, and for the states individually to
organize and train the militia, I conceive, there can be no reason whatever for departing
from them, except this, that the states sometimes neglect to comply with reasonable
requisitions, and that it is dangerous to attempt to compel a delinquent state by force, as it
may often produce a war. We ought, therefore, to enquire attentively, how extensive the
evils to be guarded against are, and cautiously limit the remedies to the extent of the evils.
I am not about to defend the confederation, or to charge the proposed constitution with
imperfections not in it; but we ought to examine facts, and strip them of the false
colourings often given them by incautious observations, by unthinking or designing men.
We ought to premise, that laws for raising men and monies, even in consolidated
governments, are not often punctually complied with. Historians, except in extraordinary
cases, but very seldom take notice of the detail collection of taxes; but these facts we have
fully proved, and well attested; that the most energetic governments have relinquished
taxes frequently, which were of many years standing. These facts amply prove, that taxes
assessed, have remained many years uncollected. I agree there have been instances in the
republics of Greece, Holland, &c. in the course of several centuries, of states neglecting to
pay their quotas of requisitions; but it is a circumstance certainly deserving of attention,
whether these nations which have depended on requisitions principally for their defence,
have not raised men and monies nearly as punctually as entire governments, which have
taxed directly; whether we have not found the latter as often distressed for the want of
troops and monies, as the former. It has been said, that the Amphictionic council, and the
Germanic head, have not possessed sufficient powers to controul the members of the
republic in a proper manner. Is this, if true, to be imputed to requisitions? Is it not
principally to be imputed to the unequal powers of those members, connected with this
important circumstance, that each member possessed power to league itself with foreign
powers, and powerful neighbours, without the consent of the head. After all, has not the
Germanic body a government as good as its neighbours in general? and did not the Grecian
republic remain united several centuries, and form the theatre of human greatness? No
government in Europe has commanded monies more plentifully than the government of
Holland. As to the United States, the separate states lay taxes directly, and the union calls
for taxes by way of requisitions; and is it a fact, that more monies are due in proportion on
requisitions in the United States, than on the state taxes directly laid?It is but about ten
years since congress begun to make requisitions, and in that time, the monies,& c.
required, and the bounties given for men required of the states, have amounted, specie
value, to about 36 millions dollars, about 24 millions of dollars of which have been
actually paid; and a very considerable part of the 12 millions not paid, remains so not so
much from the neglect of the states, as from the sudden changes in paper money, &c.
which in a great measure rendered payments of no service, and which often induced the
union indirectly to relinquish one demand, by making another in a different form. Before
we totally condemn requisitions, we ought to consider what immense bounties the states
gave, and what prodigious exertions they made in the war, in order to comply with the
requisitions of congress; and if since the peace they have been delinquent, ought we not
carefully to enquire, whether that delinquency is to be imputed solely to the nature of
requisitions? ought it not in part to be imputed to two other causes? I mean first, an
opinion, that has extensively prevailed, that the requisitions for domestic interest have not
been founded on just principles; and secondly, the circumstance, that the government itself,
by proposing imposts, &c. has departed virtually from the constitutional system; which
proposed changes, like all changes proposed in government, produce an inattention and
negligence in the execution of the government in being.
I am not for depending wholly on requisitions; but I mention these few facts to shew they
are not so totally futile as many pretend. For the truth of many of these facts I appeal to the
public records; and for the truth of the others, I appeal to many republican characters, who
are best informed in the affairs of the United States. Since the peace, and till the
convention reported, the wisest men in the United States generally supposed, that certain
limited funds would answer the purposes of the union: and though the states are by no
means in so good a condition as I wish they were, yet, I think, I may very safely affirm,
they are in a better condition than they would be had congress always possessed the
powers of taxation now contended for. The fact is admitted, that our federal government
does not possess sufficient powers to give life and vigor to the political system; and that
we experience disappointments, and several inconveniencies; but we ought carefully to
distinguish those which are merely the consequences of a severe and tedious war, from
those which arise from defects in the federal system. There has been an entire revolution in
the United States within thirteen years, and the least we can compute the waste of labour
and property at, during that period, by the war, is three hundred million of dollars. Our
people are like a man just recovering from a severe fit of sickness. It was the war that
disturbed the course of commerce, introduced floods of paper money, the stagnation of
credit, and threw many valuable men out of steady business. From these sources our
greatest evils arise; men of knowledge and reflection must perceive it;but then, have we
not done more in three or four years past, in repairing the injuries of the war, by repairing
houses and estates, restoring industry, frugality, the fisheries, manufactures, &c. and
thereby laying the foundation of good government, and of individual and political
happiness, than any people ever did in a like time; we must judge from a view of the
country and facts, and not from foreign newspapers, or our own, which are printed chiefly
in the commercial towns, where imprudent living, imprudent importations, and many
unexpected disappointments, have produced a despondency, and a disposition to view
every thing on the dark side. Some of the evils we feel, all will agree, ought to be imputed
to the defective administration of the governments. From these and various considerations,
I am very clearly of opinion, that the evils we sustain, merely on account of the defects of
the confederation, are but as a feather in the balance against a mountain, compared with
those which would, infallibly, be the result of the loss of general liberty, and that happiness
men enjoy under a frugal, free, and mild government.
Heretofore we do not seem to have seen danger any where, but in giving power to
congress, and now no where but in congress wanting powers; and, without examining the
extent of the evils to be remedied, by one step, we are for giving up to congress almost all
powers of any importance without limitation. The defects of the confederation are
extravagantly magnified, and every species of pain we feel imputed to them: and hence it is
inferred, there must be a total change of the principles, as well as forms of government:
and in the main point, touching the federal powers, we rest all on a logical inference,
totally inconsistent with experience and sound political reasoning.
It is said, that as the federal head must make peace and war, and provide for the common
defence, it ought to possess all powers necessary to that end: that powers unlimited, as to
the purse and sword, to raise men and monies, and form the militia, are necessary to that
end; and, therefore, the federal head ought to possess them. This reasoning is far more
specious than solid: it is necessary that these powers so exist in the body politic, as to be
called into exercise whenever necessary for the public safety; but it is by no means true,
that the man, or congress of men, whose duty it more immediately is to provide for the
common defence, ought to possess them without limitation. But clear it is, that if such
men, or congress, be not in a situation to hold them without danger to liberty, he or they
ought not to possess them. It has long been thought to be a well founded position, that the
purse and sword ought not to be placed in the same hands in a free government. Our wise
ancestors have carefully separated themplaced the sword in the hands of their king, even
under considerable limitations, and the purse in the hands of the commons alone: yet the
king makes peace and war, and it is his duty to provide for the common defence of the
nation. This authority at least goes thus farthat a nation, well versed in the science of
government, does not conceive it to be necessary or expedient for the man entrusted with
the common defence and general tranquility, to possess unlimitedly the powers in question,
or even in any considerable degree. Could he, whose duty it is to defend the public, possess
in himself independently, all the means of doing it consistent with the public good, it might
be convenient: but the people of England know that their liberties and happiness would be
in infinitely greater danger from the king's unlimited possession of these powers, than from
all external enemies and internal commotions to which they might be exposed: therefore,
though they have made it his duty to guard the empire, yet they have wisely placed in other
hands, the hands of their representatives, the power to deal out and controul the means. In
Holland their high mightinesses must provide for the common defence, but for the means
they depend, in a considerable degree, upon requisitions made on the state or local
assemblies. Reason and facts evince, that however convenient it might be for an executive
magistrate, or federal head, more immediately charged with the national defence and
safety, solely, directly, and independently to possess all the means; yet such magistrate, or
head, never ought to possess them, if thereby the public liberties shall be endangered. The
powers in question never have been, by nations wise and free, deposited, nor can they ever
be, with safety, any where, but in the principal members of the national system:where
these form one entire government, as in Great-Britain, they are separated and lodged in the
principal members of it. But in a federal republic, there is quite a different organization;
the people form this kind of government, generally, because their territories are too
extensive to admit of their assembling in one legislature, or of executing the laws on free
principles under one entire government. They convene in their local assemblies, for local
purposes, and for managing their internal concerns, and unite their states under a federal
head for general purposes. It is the essential characteristic of a confederated republic, that
this head be dependant on, and kept within limited bounds by, the local governments; and
it is because, in these alone, in fact, the people can be substantially assembled or
represented. It is, therefore, we very universally see, in this kind of government, the
congressional powers placed in a few hands, and accordingly limited, and specifically
enumerated: and the local assemblies strong and well guarded, and composed of numerous
members. Wise men will always place the controuling power where the people are
substantially collected by their representatives. By the proposed system, the federal head
will possess, without limitation, almost every species of power that can, in its exercise,
tend to change the government, or to endanger liberty; while in it, I think it has been fully
shewn, the people will have but the shadow of representation, and but the shadow of
security for their rights and liberties. In a confederated republic, the division of
representation, &c. in its nature, requires a correspondent division and deposit of powers,
relative to taxes and military concerns: and I think the plan offered stands quite alone, in
confounding the principles of governments in themselves totally distinct. I wish not to
exculpate the states for their improper neglects in not paying their quotas of requisitions;
but, in applying the remedy, we must be governed by reason and facts. It will not be
denied, that the people have a right to change the government when the majority chuse it, if
not restrained by some existing compactthat they have a right to displace their rulers,
and consequently to determine when their measures are reasonable or notand that they
have a right, at any time, to put a stop to those measures they may deem prejudicial to
them, by such forms and negatives as they may see fit to provide. From all these, and many
other well founded considerations, I need not mention, a question arises, what powers shall
there be delegated to the federal head, to insure safety, as well as energy, in the
government? I think there is a safe and proper medium pointed out by experience, by
reason, and facts. When we have organized the government, we ought to give power to the
union, so far only as experience and present circumstances shall direct, with a reasonable
regard to time to come. Should future circumstances, contrary to our expectations, require
that further powers be transferred to the union, we can do it far more easily, than get back
those we may now imprudently give. The system proposed is untried: candid advocates
and opposers admit, that it is, in a degree, a mere experiment, and that its organization is
weak and imperfect; surely then, the safe ground is cautiously to vest power in it, and
when we are sure we have given enough for ordinary exigencies, to be extremely careful
how we delegate powers, which, in common cases, must necessarily be useless or abused,
and of very uncertain effect in uncommon ones.
By giving the union power to regulate commerce, and to levy and collect taxes by imposts,
we give it an extensive authority, and permanent productive funds, I believe quite as
adequate to the present demands of the union, as excises and direct taxes can be made to
the present demands of the separate states. The state governments are now about four times
as expensive as that of the union; and their several state debts added together, are nearly as
large as that of the unionOur impost duties since the peace have been almost as
productive as the other sources of taxation, and when under one general system of
regulations, the probability is, that those duties will be very considerably increased: Indeed
the representation proposed will hardly justify giving to congress unlimited powers to raise
taxes by imposts, in addition to the other powers the union must necessarily have. It is said,
that if congress possess only authority to raise taxes by imposts, trade probably will be
overburdened with taxes, and the taxes of the union be found inadequate to any uncommon
exigencies: To this we may observe, that trade generally finds its own level, and will
naturally and necessarily heave off any undue burdens laid upon it: further, if congress
alone possess the impost, and also unlimited power to raise monies by excises and direct
taxes, there must be much more danger that two taxing powers, the union and states, will
carry excises and direct taxes to an unreasonable extent, especially as these have not the
natural boundaries taxes on trade have. However, it is not my object to propose to exclude
congress from raising monies by internal taxes, as by duties, excises, and direct taxes; but
my opinion is, that congress, especially in its proposed organization, ought not to raise
monies by internal taxes, except in strict conformity to the federal plan; that is, by the
agency of the state governments in all cases, except where a state shall neglect, for an
unreasonable time, to pay its quota of a requisition; and never where so many of the state
legislatures as represent a majority of the people, shall formally determine an excise law or
requisition is improper, in their next session after the same be laid before them. We ought
always to recollect that the evil to be guarded against is found by our own experience, and
the experience of others, to be mere neglect in the states to pay their quotas; and power in
the union to levy and collect the neglecting states' quotas with interest, is fully adequate to
the evil. By this federal plan, with this exception mentioned, we secure the means of
collecting the taxes by the usual process of law, and avoid the evil of attempting to compel
or coerce a state; and we avoid also a circumstance, which never yet could be, and I am
fully confident never can be, admitted in a free federal republic; I mean a permanent and
continued system of tax laws of the union, executed in the bowels of the states by many
thousand officers, dependent as to the assessing and collecting federal taxes, solely upon
the union. On every principle then, we ought to provide, that the union render an exact
account of all monies raised by imposts and other taxes; and that whenever monies shall be
wanted for the purposes of the union, beyond the proceeds of the impost duties,
requisitions shall be made on the states for the monies so wanted; and that the power of
laying and collecting shall never be exercised, except in cases where a state shall neglect, a
given time, to pay its quota. This mode seems to be strongly pointed out by the reason of
the case, and spirit of the government; and I believe, there is no instance to be found in a
federal republic, where the congressional powers ever extended generally to collecting
monies by direct taxes or excises. Creating all these restrictions, still the powers of the
union in matters of taxation, will be too unlimited; further checks, in my mind, are
indispensably necessary. Nor do I conceive, that as full a representation as is practicable in
the federal government, will afford sufficient security: the strength of the government, and
the confidence of the people, must be collected principally in the local assemblies; every
part or branch of the federal head must be feeble, and unsafely trusted with large powers. A
government possessed of more power than its constituent parts will justify, will not only
probably abuse it, but be unequal to bear its own burden; it may as soon be destroyed by
the pressure of power, as languish and perish for want of it.
There are two ways further of raising checks, and guarding against undue combinations
and influence in a federal system. The first is, in levying taxes, raising and keeping up
armies, in building navies, in forming plans for the militia, and in appropriating monies for
the support of the military, to require the attendance of a large proportion of the federal
representatives, as two-thirds or three-fourths of them; and in passing laws, in these
important cases, to require the consent of two-thirds or three-fourths of the members
present. The second is, by requiring that certain important laws of the federal head, as a
requisition or a law for raising monies by excise shall be laid before the state legislatures,
and if disapproved of by a given number of them, say by as many of them as represent a
majority of the people, the law shall have no effect. Whether it would be adviseable to
adopt both, or either of these checks, I will not undertake to determine. We have seen them
both exist in confederated republics. The first exists substantially in the confederation, and
will exist in some measure in the plan proposed, as in chusing a president by the house, in
expelling members; in the senate, in making treaties, and in deciding on impeachments,
and in the whole in altering the constitution. The last exists in the United Netherlands, but
in a much greater extent. The first is founded on this principle, that these important
measures may, sometimes, be adopted by a bare quorum of members, perhaps, from a few
states, and that a bare majority of the federal representatives may frequently be of the
aristocracy, or some particular interests, connections, or parties in the community, and
governed by motives, views, and inclinations not compatible with the general interest.
The last is founded on this principle, that the people will be substantially represented, only
in their state or local assemblies; that their principal security must be found in them; and
that, therefore, they ought to have ultimately a constitutional controul over such interesting
measures.
I have often heard it observed, that our people are well informed, and will not submit to
oppressive governments; that the state governments will be their ready advocates, and
possess their confidence, mix with them, and enter into all their wants and feelings. This is
all true; but of what avail will these circumstances be, if the state governments, thus
allowed to be the guardians of the people, possess no kind of power by the forms of the
social compact, to stop, in their passage, the laws of congress injurious to the people. State
governments must stand and see the law take place; they may complain and petitionso
may individuals; the members of them, in extreme cases, may resist, on the principles of
self-defenceso may the people and individuals.

It has been observed, that the people, in extensive territories, have more power, compared
with that of their rulers, than in small states. Is not directly the opposite true? The people in
a small state can unite and act in concert, and with vigour; but in large territories, the men
who govern find it more easy to unite, while people cannot; while they cannot collect the
opinions of each part, while they move to different points, and one part is often played off
against the other.
It has been asserted, that the confederate head of a republic at best, is in general weak and
dependent;that the people will attach themselves to, and support their local governments,
in all disputes with the union. Admit the fact: is it any way to remove the inconvenience by
accumulating powers upon a weak organization? The fact is, that the detail administration
of affairs, in this mixed republic, depends principally on the local governments; and the
people would be wretched without them: and a great proportion of social happiness
depends on the internal administration of justice, and on internal police. The splendor of
the monarch, and the power of the government are one thing. The happiness of the subject
depends on very different causes: but it is to the latter, that the best men, the greatest
ornaments of human nature, have most carefully attended: it is to the former tyrants and
oppressors have always aimed.

Anti-Federalist No. 41-43 (Part II), The Quantity of Power the Union Must Possess Is One
Thing; The Mode of Exercising the Powers Given Is Quite A Different Consideration
(Federal Farmer essay No. XVIII)
25 January 1788
By Richard Henry Lee (Federal Farmer)
Dear sir,
I am persuaded, a federal head never was formed, that possessed half the powers which it
could carry into full effect, altogether independently of the state or local governments, as
the one, the convention has proposed, will possess. Should the state legislatures never
meet, except merely for chusing federal senators and appointing electors, once in four and
six years, the federal head may go on for ages to make all laws relative to the following
subjects, and by its own courts, officers, and provisions, carry them into full effect, and to
any extent it may deem for the general welfare; that is, for raising taxes, borrowing and
coining monies, and for applying themfor forming and governing armies and navies, and
for directing their operationsfor regulating commerce with foreign nations, and among
the several states, and with the Indian tribesfor regulatingbankruptcies, weights and
measures, post-offices and post-roads, and captures on land and waterfor establishing a
uniform rule of naturalization, and for promoting the progress of science and useful arts
for defining and punishing piracies and felonies committed on the high seas, the offences
of counterfeiting the securities and current coin of the United States, and offences against
the law of nations, and for regulating all maritime concernsfor organizing, arming and
discipliningthe militia (the respective states training them, and appointing the officers)
for calling them forth when wanted, and for governing them when in the service of the
unionfor the sole and exclusive governmentof a federal city or town, not exceeding ten
miles square, and of places ceded for forts, magazines, arsenals, dock-yards, and other
needful buildingsfor granting letters of marque and reprisal, and making warfor
regulating the times, places, and manner of holding elections for senators and
representativesfor making and concluding all treaties, and carrying them into
executionfor judicially deciding all questions arising on the constitution, laws, and
treaties of the union, in law and equity, and questions arising on state laws also, where
ambassadors, other public ministers, and consuls, where the United States, individual
states, or a state, where citizens of different states, and where foreign states, or a foreign
subject, are parties or partyfor impeaching and trying federal officersfor deciding on
elections, and for expelling members,& c. All these enumerated powers we must examine
and contemplate in all their extent and various branches, and then reflect, that the federal
head will have full power to make all laws whatever respecting them; and for carrying into
full effect all powers vested in the union, in any department, or officers of it, by the
constitution, in order to see the full extent of the federal powers, which will be supreme,
and exercised by that head at pleasure, conforming to the few limitations mentioned in the
constitution. Indeed, I conceive, it is impossible to see them in their full extent at present:
we see vast undefined powers lodged in a weak organization, but cannot, by the enquiries
of months and years, clearly discern them in all their numerous branches. These powers in
feeble hands, must be tempting objects for ambition and a love of power and fame.
But, say the advocates, they are all necessary for forming an energetic federal government;
all necessary in the hands of the union, for the common defence and general welfare. In
these great points they appear to me to go from the end to the means, and from the means
to the end, perpetually begging the question. I think in the course of these letters, I shall
sufficiently prove, that some of these powers need not be lodged in the hands of the
unionthat others ought to be exercised under better checks, and in part, by the agency of
the statessome I have already considered, some in my mind, are not liable to objections,
and the others, I shall briefly notice in this closing letter.
The power to controul the military forces of the country, as well as the revenues of it,
requires serious attention. Here again, I must premise, that a federal republic is a
compound system, made up of constituent parts, each essential to the whole: we must then
expect the real friends of such a system will always be very anxious for the security and
preservation of each part, and to this end, that each constitutionally possess its natural
portion of power and influenceand that it will constantly be an object of concern to
them, to see one part armed at all points by the constitution, and in a manner destructive in
the end, even of its own existence, and the others left constitutionally defenceless.
The military forces of a free country may be considered under three general descriptions
1. The militia. 2. the navyand 3. the regular troopsand the whole ought ever to be, and
understood to be, in strict subordination to the civil authority; and that regular troops, and
select corps, ought not to be kept up without evident necessity. Stipulations in the
constitution to this effect, are perhaps, too general to be of much service, except merely to
impress on the minds of the people and soldiery, that the military ought ever to be subject
to the civil authority, &c. But particular attention, and many more definite stipulations, are
highly necessary to render the military safe, and yet useful in a free government; and in a
federal republic, where the people meet in distinct assemblies, many stipulations are
necessary to keep a part from transgressing, which would be unnecessary checks against
the whole met in one legislature, in one entire government.A militia, when properly
formed, are in fact the people themselves, and render regular troops in a great measure
unnecessary. The powers to form and arm the militia, to appoint their officers, and to
command their services, are very important; nor ought they in a confederated republic to
be lodged, solely, in any one member of the government. First, the constitution ought to
secure a genuine and guard against a select militia, by providing that the militia shall
always be kept well organized, armed, and disciplined, and include, according to the past
and general usuage of the states, all men capable of bearing arms; and that all regulations
tending to render this general militia useless and defenceless, by establishing select corps
of militia, or distinct bodies of military men, not having permanent interests and
attachments in the community to be avoided. I am persuaded, I need not multiply words to
convince you of the value and solidity of this principle, as it respects general liberty, and
the duration of a free and mild government: having this principle well fixed by the
constitution, then the federal head may prescribe a general uniform plan, on which the
respective states shall form and train the militia, appoint their officers and solely manage
them, except when called into the service of the union, and when called into that service,
they may be commanded and governed by the union. This arrangement combines energy
and safety in it; it places the sword in the hands of the solid interest of the community, and
not in the hands of men destitute of property, of principle, or of attachment to the society
and government, who often form the select corps of peace or ordinary establishments: by
it, the militia are the people, immediately under the management of the state governments,
but on a uniform federal plan, and called into the service, command, and government of the
union, when necessary for the common defence and general tranquility. But, say
gentlemen, the general militia are for the most part employed at home in their private
concerns, cannot well be called out, or be depended upon; that we must have a select
militia; that is, as I understand it, particular corps or bodies of young men, and of men who
have but little to do at home, particularly armed and disciplined in some measure, at the
public expence, and always ready to take the field. These corps, not much unlike regular
troops, will ever produce an inattention to the general militia; and the consequence has
ever been, and always must be, that the substantial men, having families and property, will
generally be without arms, without knowing the use of them, and defenceless; whereas, to
preserve liberty,it is essential that the whole body of the people always possess arms, and
be taught alike, especially when young, how to use them; nor does it follow from this, that
all promiscuously must go into actual service on every occasion. The mind that aims at a
select militia, must be influenced by a truly anti-republican principle; and when we see
many men disposed to practice upon it, whenever they can prevail, no wonder true
republicans are for carefully guarding against it. As a farther check, it may be proper to
add, that the militia of any state shall not remain in the service of the union, beyond a
given period, without the express consent of the state legislature.
As to the navy, I do not see that it can have any connection with the local governments.
The want of employment for it, and the want of monies in the hands of the union, must be
its proper limitation. The laws for building or increasing it, as all the important laws
mentioned in a former letter, touching military and money matters, may be checked by
requiring the attendance of a large proportion of the representatives, and the consent of a
large proportion of those present, to pass them as before mentioned.
By art. 1. sect. 8. "Congress shall have power to provide for organizing, arming, and
disciplining the militia": power to provide fordoes this imply any more than power to
prescribe a general uniform plan? And must not the respective states pass laws (but in
conformity to the plan) for forming and training the militia.
In the present state of mankind, and of conducting war, the government of every nation
must have power to raise and keep up regular troops: the question is, how shall this power
be lodged? In an entire government, as in Great-Britain, where the people assemble by
their representatives in one legislature, there is no difficulty, it is of course properly lodged
in that legislature: But in a confederated republic, where the organization consists of a
federal head, and local governments, there is no one part in which it can be solely, and
safely lodged. By art. 1. sect. 8. "congress shall have power to raise and support armies,"
&c. By art. 1. sect. 10. "no state, without the consent of congress, shall keep troops, or
ships of war, in time of peace." It seems fit the union should direct the raising of troops,
and the union may do it in two ways; by requisitions on the states, or by direct taxesthe
first is most conformable to the federal plan, and safest; and it may be improved, by giving
the union power, by its own laws and officers, to raise the states quota that may neglect,
and to charge it with the expence; and by giving a fixed quorum of the state legislatures
power to disapprove the requisition. There would be less danger in this power to raise
troops, could the state governments keep a proper controul over the purse and over the
militia; but after all the precautions we can take, without evidently fettering the union too
much, we must give a large accumulation of powers to it, in these and other respects. There
is one check, which, I think, may be added with great proprietythat is, no land forces
shall be kept up, but by legislative acts annually passed by congress, and no appropriation
of monies for their support shall be for a longer term than one year. This is the
constitutional practice in Great-Britain, and the reasons for such checks in the United
States appear to be much stronger. We may also require that these acts be passed by a
special majority, as before mentioned. There is another mode still more guarded, and
which seems to be founded in the true spirit of a federal system: it seems proper to divide
those powers we can with safety, lodge them in no one member of the government alone;
yet substantially to preserve their use, and to ensure duration to the government, by
modifying the exercise of themit is to empower congress to raise troops by direct levies,
not exceeding a given number, say 2000 in time of peace, and 12,000 in a time of war, and
for such further troops as may be wanted, to raise them by requisitions qualified as before
mentioned. By the above recited clause no state shall keep troops,& c. in time of peace
this clearly implies, it may do it in time of war: this must be on the principle, that the union
cannot defend all parts of the republic, and suggests an idea very repugnant to the general
tendency of the system proposed, which is to disarm the state governments: a state in a
long war may collect forces sufficient to take the field against the neighbouring states. This
clause was copied from the confederation, in which it was of more importance than in the
plan proposed, because under this the separate states, probably, will have but small
revenues.
By article 1. section 8. congress shall have power to establish uniform laws on the subject
of bankruptcies, throughout the United States. It is to be observed, that the separate states
have ever been in possession of the power, and in the use of it, of making bankrupt laws,
militia laws, and laws in some other cases, respecting which, the new constitution, when
adopted, will give the union power to legislate, &c.but no words are used by the
constitution to exclude the jurisdiction of the several states, and whether they will be
excluded or not, or whether they and the union will have concurrent jurisdiction or not,
must be determined by inference; and from the nature of the subject; if the power, for
instance, to make uniform laws on the subject of bankruptcies, is in its nature indivisible,
or incapable of being exercised by two legislatures independently, or by one in aid of the
other, then the states are excluded, and cannot legislate at all on the subject, even though
the union should neglect or find it impracticable to establish uniform bankrupt laws. How
far the union will find it practicable to do this, time only can fully determine. When we
consider the extent of the country, and the very different ideas of the different parts in it,
respecting credit, and the mode of making men's property liable for paying their debts, we
may, I think, with some degree of certainty, conclude that the union never will be able to
establish such laws; but if practicable, it does not appear to me, on further reflection, that
the union ought to have the power; it does not appear to me to be a power properly
incidental to a federal head, and, I believe, no one ever possessed it; it is a power that will
immediately and extensively interfere with the internal police of the separate states,
especially with their administering justice among their own citizens. By giving this power
to the union, we greatly extend the jurisdiction of the federal judiciary, as all questions
arising on bankrupt laws, being laws of the union, even between citizens of the same state,
may be tried in the federal courts; and I think it may be shewn, that by the help of these
laws, actions between citizens of different states, and the laws of the federal city, aided by
no overstrained judicial fictions, almost all civil causes may be drawn into those courts.
We must be sensible how cautious we ought to be in extending unnecessarily the
jurisdiction of those courts for reasons I need not repeat. This article of power too, will
considerably increase, in the hands of the union, an accumulation of powers, some of a
federal and some of a unfederal nature, too large without it.
The constitution provides, that congress shall have the sole and exclusive government of
what is called the federal city, a place not exceeding ten miles square, and of all places
ceded for forts, dock-yards, &c. I believe this is a novel kind of provision in a federal
republic; it is repugnant to the spirit of such a government, and must be founded in an
apprehension of a hostile disposition between the federal head and the state governments;
and it is not improbable, that the sudden retreat of congress from Philadelphia, first gave
rise to it.With this apprehension, we provide, the government of the union shall have
secluded places, cities, and castles of defence, which no state laws whatever shall invade.
When we attentively examine this provision in all its consequences, it opens to view scenes
almost without bounds. A federal, or rather a national city, ten miles square, containing a
hundred square miles, is about four times as large as London; and for forts, magazines,
arsenals, dock-yards, and other needful buildings, congress may possess a number of
places or towns in each state. It is true, congress cannot have them unless the state
legislatures cede them; but when once ceded, they never can be recovered, and though the
general temper of the legislatures may be averse to such cessions, yet many opportunities
and advantages may be taken of particular times and circumstances of complying
assemblies, and of particular parties, to obtain them. It is not improbable, that some
considerable towns or places, in some intemperate moments, or influenced by anti-
republican principles, will petition to be ceded for the purposes mentioned in the provision.
There are men, and even towns, in the best republics, which are often fond of withdrawing
from the government of them, whenever occasion shall present. The case is still stronger; if
the provision in question holds out allurements to attempt to withdraw, the people of a
state must ever be subject to state as well as federal taxes; but the federal city and places
will be subject only to the latter, and to them by no fixed proportion; nor of the taxes raised
in them, can the separate states demand any account of congress.These doors opened for
withdrawing from the state governments entirely, may, on other accounts, be very alluring
and pleasing to those anti-republican men who prefer a place under the wings of courts.
If a federal town be necessary for the residence of congress and the public officers, it ought
to be a small one, and the government of it fixed on republican and common law
principles, carefully enumerated and established by the constitution. It is true, the states,
when they shall cede places, may stipulate, that the laws and government of congress in
them, shall always be formed on such principles; but it is easy to discern, that the
stipulations of a state, or of the inhabitants of the place ceded, can be of but little avail
against the power and gradual encroachments of the union. The principles ought to be
established by the federal constitution, to which all the states are parties; but in no event
can there be any need of so large a city and places for forts, &c. totally exempted from the
laws and jurisdictions of the state governments. If I understand the constitution, the laws of
congress, constitutionally made, will have complete and supreme jurisdiction to all federal
purposes, on every inch of ground in the United States, and exclusive jurisdiction on the
high seas, and this by the highest authority, the consent of the people. Suppose ten acres at
West-Point shall be used as a fort of the union, or a sea port town as a dock-yard, the laws
of the union in those places respecting the navy, forces of the union, and all federal objects,
must prevail, be noticed by all judges and officers, and executed accordingly: and I can
discern no one reason for excluding from these places, the operation of state laws, as to
mere state purposes; for instance, for the collection of state taxes in them, recovering debts,
deciding questions of property arising within them on state laws, punishing, by state laws,
theft, trespasses, and offences committed in them by mere citizens against the state laws.
The city, and all the places in which the union shall have this exclusive jurisdiction, will be
immediately under one entire government, that of the federal head; and be no part of any
state, and consequently no part of the United States. The inhabitants of the federal city and
places, will be as much exempt from the laws and controul of the state governments, as the
people of Canada or Nova Scotia will be. Neither the laws of the states respecting taxes,
the militia, crimes or property, will extend to them; nor is there a single stipulation in the
constitution, that the inhabitants of this city, and these places, shall be governed by laws
founded on principles of freedom. All questions, civil and criminal, arising on the laws of
these places, which must be the laws of congress, must be decided in the federal courts;
and also, all questions that may, by such judicial fictions as these courts may consider
reasonable, be supposed to arise within this city, or any of these places, may be brought
into these courts; and by a very common legal fiction, any personal contract may be
supposed to have been made in any place. A contract made in Georgia may be supposed to
have been made in the federal city, in Pennsylvania; the courts will admit the fiction, and
not in these cases, make it a serious question, where it was in fact made. Every suit in
which an inhabitant of a federal district may be a party, of course may be instituted in the
federal courtsalso, every suit in which it may be alledged, and not denied, that a party in
it is an inhabitant of such a districtalso, every suit to which a foreign state or subject, the
union, a state, citizens of different states, in fact, or by reasonable legal fictions, may be a
party or parties: And thus, by means of bankrupt laws, federal districts, &c. almost all
judicial business, I apprehend may be carried into the federal courts, without essentially
departing from the usual course of judicial proceedings. The courts in Great Britain have
acquired their powers, and extended, very greatly, their jurisdictions by such fictions and
suppositions as I have mentioned. The constitution, in these points, certainly involves in it
principles, and almost hidden cases, which may unfold, and in time exhibit consequences
we hardly think of. The power of naturalization, when viewed in connection with the
judicial powers and cases, is, in my mind, of very doubtful extent. By the constitution
itself, the citizens of each state will be naturalized citizens of every state, to the general
purposes of instituting suits, claiming the benefits of the laws, &c. And in order to give the
federal courts jurisdiction of an action, between citizens of the same state, in common
acceptation, may not a court allow the plaintiff to say, he is a citizen of one state, and the
defendant a citizen of another, without carrying legal fictions so far, by any means, as they
have been carried by the courts of King's Bench and Exchequer, in order to bring causes
within their cognizanceFurther, the federal city and districts, will be totally distinct from
any state, and a citizen of a state will not of course be a subject of any of them; and to avail
himself of the privileges and immunities of them, must he not be naturalized by congress
in them? and may not congress make any proportion of the citizens of the states naturalized
subjects of the federal city and districts, and thereby entitle them to sue or defend, in all
cases, in the federal courts? I have my doubts, and many sensible men, I find, have their
doubts, on these points; and we ought to observe, they must be settled in the courts of law,
by their rules, distinctions, and fictions. To avoid many of these intricacies and difficulties,
and to avoid the undue and unnecessary extension of the federal judicial powers, it appears
to me, that no federal districts ought to be allowed, and no federal city or town, except
perhaps a small town, in which the government shall be republican, but in which congress
shall have no jurisdiction over the inhabitants, but in common with the other inhabitants of
the states. Can the union want, in such a town, any thing more than a right to the soil on
which it may set its buildings, and extensive jurisdiction over the federal buildings, and
property, its own members, officers, and servants in it? As to all federal objects, the union
will have complete jurisdiction over them, of course any where, and every where. I still
think, that no actions ought to be allowed to be brought in the federal courts, between
citizens of different states, at least, unless the cause be of very considerable importance:
that no action against a state government, by any citizen or foreigner, ought to be allowed,
and no action, in which a foreign subject is party, at least, unless it be of very considerable
importance, ought to be instituted in the federal courtsI confess, I can see no reason
whatever, for a foreigner, or for citizens of different states, carrying sixpenny causes into
the federal courts; I think the state courts will be found by experience, to be bottomed on
better principles, and to administer justice better than the federal courts.
The difficulties and dangers I have supposed, will result from so large a federal city, and
federal districts, from the extension of the federal judicial powers, &c. are not, I conceive,
merely possible, but probable. I think, pernicious political consequences will follow from
them, and from the federal city especially, for very obvious reasons, a few of which I will
mention.
We must observe, that the citizens of a state will be subject to state as well as federal taxes,
and the inhabitants of the federal city and districts, only to such taxes as congress may
layWe are not to suppose all our people are attached to free government, and the
principles of the common law, but that many thousands of them will prefer a city
governed, not on republican principlesThis city, and the government of it, must
indubitably take their tone from the characters of the men, who from the nature of its
situation and institution, must collect there. This city will not be established for productive
labour, for mercantile, or mechanic industry; but for the residence of government, its
officers and attendants. If hereafter it should ever become a place of trade and industry, in
the early periods of its existence, when its laws and government must receive their fixed
tone, it must be a mere court, with its appendages, the executive, congress, the law courts,
gentlemen of fortune and pleasure, with all the officers, attendants, suitors, expectants and
dependants on the whole, however brilliant and honourable this collection may be, if we
expect it will have any sincere attachments to simple and frugal republicanism, to that
liberty and mild government, which is dear to the laborious part of a free people, we most
assuredly deceive ourselves. This early collection will draw to it men from all parts of the
country, of a like political description: we see them looking towards the place already.

Such a city, or town, containing a hundred square miles, must soon be the great, the
visible, and dazzling centre, the mistress of fashions, and the fountain of politics. There
may be a free or shackled press in this city, and the streams which may issue from it may
overflow the country, and they will be poisonous or pure, as the fountain may be corrupt or
not. But not to dwell on a subject that must give pain to the virtuous friends of freedom, I
will only add, can a free and enlightened people create a common head so extensive, so
prone to corruption and slavery, as this city probably will be, when they have it in their
power to form one pure and chaste, frugal and republican.
Under the confederation congress has no power whereby to govern its own officers and
servant[s]; a federal town, in which congress might have special jurisdiction, might be
expedient; but under the new constitution, without a federal town, congress will have all
necessary powers of course over its officers and servants; indeed it will have a complete
system of powers to all the federal purposes mentioned in the constitution; so that the
reason for a federal town under the confederation, will by no means exist under the
constitution.Even if a trial by jury should be admitted in the federal city, what man, with
any state attachments or republican virtue about him, will submit to be tried by a jury of it.
I might observe more particularly upon several other parts of the constitution proposed; but
it has been uniformly my object in examining a subject so extensive, and difficult in many
parts to be illustrated, to avoid unimportant things, and not to dwell upon points not very
material. The rule for apportioning requisitions on the states, having some time since been
agreed to by eleven states, I have viewed as settled. The stipulation that congress, after
twenty one years may prohibit the importation of slaves, is a point gained, if not so
favourable as could be wished for. As monopolies in trade perhaps, can in no case be
useful, it might not be amiss to provide expressly against them. I wish the power to
repri[e]ve and pardon was more cautiously lodged, and under some limitations. I do not
see why congress should be allowed to consent that a person may accept a present, office,
or title of a foreign prince, &c. As to the state governments, as well as the federal, are
essential parts of the system, why should not the oath taken by the officers be expressly to
support the whole? As to debts due to and from the union, I think the constitution intends,
on examining art. 4. sect. 8. and art. 6. that they shall stand on the same ground under the
constitution as under the confederation. In the article respecting amendments, it is
stipulated that no state shall ever be deprived of its equal vote in the senate without its
consent; and that alterations may be made by the consent of three-fourths of the states.
Stipulations to bind the majority of the people may serve one purpose, to prevent frequent
motions for change; but these attempts to bind the majority, generally give occasion for
breach of contract. The states all agreed about seven years ago, that the confederation
should remain unaltered, unless every state should agree to alterations: but we now see it
agreed by the convention, and four states, that the old confederacy shall be destroyed, and
a new one, of nine states, be erected, if nine only shall come in. Had we agreed, that a
majority should alter the confederation, a majority's agreeing would have bound the rest:
but now we must break the old league, unless all the states agree to alter, or not proceed
with adopting the constitution. Whether the adoption by nine states will not produce a
nearly equal and dangerous division of the people for and against the constitution
whether the circumstances of the country were such as to justify the hazarding a
probability of such a situation, I shall not undertake to determine. I shall leave it to be
determined hereafter, whether nine states, under a new federal compact, can claim the
benefits of any treaties made with a confederation of thirteen, under a distinct compact and
form of existencewhether the new confederacy can recover debts due to the old
confederacy, or the arrears of taxes due from the states excluded.
It has been well observed, that our country is extensive, and has no external enemies to
press the parts together: that, therefore, their union must depend on strong internal ties. I
differ with the gentlemen who make these observations only in this, they hold the ties
ought to be strengthened by a considerable degree of internal consolidation; and my object
is to form them and strengthen them, on pure federal principles. Whatever may be the fate
of many valuable and necessary amendments in the constitution proposed, the ample
discussion and respectable opposition it will receive, will have a good effectthey will
operate to produce a mild and prudent administration, and to put the wheels of the whole
system in motion on proper principlesthey will evince, that true republican principles
and attachments are still alive and formidable in this country. These, in view, I believe,
even men quite disposed to make a bad use of the system, will long hesitate before they
will resolve to do it. A majority from a view of our situation, and influenced by many
considerations, may acquiese in the adoption of this constitution; but, it is evident, that a
very great majority of the people of the United States think it, in many parts, an
unnecessary and unadviseable departure from true republican and federal principles.

Anti-Federalist No. 44, What Congress Can Do; What A State Can Not
by Deliberator
"DELIBERATOR" appeared in The Freeman's Journal; or, The North-American

Intelligencer, February 20, 1788.
A writer in the Pennsylvania Packet, under the signature of A Freeman, has lately entered
the lists as another champion for the proposed constitution. Particularly he has endeavored
to show that our apprehensions of this plan of government being a consolidation of the
United States into one government, and not a confederacy of sovereign independent states,
is entirely groundless; and it must be acknowledged that he has advocated this cause with
as much show of reason, perhaps, as the subject will admit.
The words states, several states, and united states are, he observes, frequently mentioned in
the constitution. And this is an argument that their separate sovereignty and independence
cannot be endangered! He has enumerated a variety of matters which, he says, congress
cannot do; and which the states, in their individual capacity, must or may do, and thence
infers their sovereignty and independence. In some of these, however, I apprehend he is a
little mistaken.
1. "Congress cannot train the militia." This is not strictly true. For by the 1st Article they
are empowered "to provide for organizing, arming, and disciplining" them; and tho' the
respective states are said to have the authority of training the militia, it must be "according
to the discipline prescribed by Congress." In this business, therefore, they will be no other
than subalterns under Congress, to execute their orders; which, if they shall neglect to do,
Congress will have constitutional powers to provide for, by any other means they shall
think proper. They shall have power to declare what description of persons shall compose
the militia; to appoint the stated times and places for exercising them; to compel personal
attendance, whether when called for into actual service, or on other occasions, under what
penalties they shall think proper, without regard to scruples of conscience or any other
consideration. Their executive officer may march and countermarch them from one
extremity of the state to the otherand all this without so much as consulting the
legislature of the particular states to which they belong! Where then is that boasted security
against the annihilation of the state governments, arising from "the powerful military
support" they will have from their militia?
2. "Congress cannot enact laws for the inspection of the produce of the country." Neither is
this strictly true. Their power "to regulate commerce with foreign nations and among the
several states, and to make all laws which shall be necessary and proper for carrying this
power (among others vested in them by the constitution) into execution," most certainly
extends to the enacting of inspection laws. The particular states may indeed propose such
laws to them; but it is expressly declared, in the lst article, that "all such laws shall be
subject to the revision and control of the Congress."

3. "The several states can prohibit or impose duties on the importation of slaves into their
own ports." Nay, not even this can they do, "without the consent of Congress," as is
expressly declared in the close of the lst article. The duty which Congress may, and it is
probable will lay on the importation of slaves, will form a branch of their revenue. But this
impost, as well as all others, "must be uniform throughout the United States." Congress
therefore cannot consent that one state should impose an additional duty on this article of
commerce, unless all other states should do the same; and it is not very likely that some of
the states will ever ask this favor.
4. "Congress cannot interfere with the opening of rivers and canals; the making or
regulation of roads, except post roads; building bridges; erecting ferries; building
lighthouses, etc." In one case, which may very frequently happen, this proposition also
fails. For if the river, canal, road, bridge, ferry, etc., be common to two states, or a matter
in which they may be both concerned, and consequently must both concur, then the
interference and consent of Congress becomes absolutely necessary, since it is declared in
the constitution that "no state shall, without the consent of Congress, enter into any
agreement or compact with another state."
5. "The elections of the President, Vice President, senators and representatives are
exclusively in the hands of the stateseven as to filling vacancies." This, in one important
part, is not true. For, by the 2d article, "in case of the removal of the President from office,
or of his death, resignation, or inability to discharge the duties of the said office, the same
shall devolve on the Vice President, and the Congress may by law provide for the case of
removal, death, etc., both of the President and Vice President, declaring what officer shall
then act as president, and such officer shall act accordingly, until the disability be removed,
or a president shall be elected." But no such election is provided for by the constitution, till
the return of the periodical election at the expiration of the four years for which the former
president was chosen. And thus may the great powers of this supreme magistrate of the
United States be exercised, for years together, by a man who, perhaps, never had one vote
of the people for any office of government in his life.
6. "Congress cannot interfere with the constitution of any state." This has been often said,
but alas, with how little truthsince it is declared in the 6th article that "this constitution
and the laws of the United States which shall be made in pursuance thereof, and all treaties,
etc., shall be the supreme law of the land, and every state shall be bound thereby, anything
in the constitution or laws of any state to the contrary notwithstanding."
But, sir, in order to form a proper judgment of the probable effects of this plan of general
government on the sovereignties of the several states, it is necessary also to take a view of
what Congress may, constitutionally, do and of what the states may not do. This matter,
however, the above writer has thought proper to pass over in silence. I would therefore beg
leave in some measure, to supply this omission; and if in anything I should appear to be
mistaken I hope he will take the same liberty with me that I have done with himhe will
correct my mistake.

1. Congress may, even in time of peace, raise an army of 100,000 men, whom they may
canton through the several states, and billet out on the inhabitants, in order to serve as
necessary instruments in executing their decrees.
2. Upon the inhabitants of any state proving refractory to the will of Congress, or upon any
other pretense whatsoever, Congress may call out even all the militia of as many states as
they think proper, and keep them in actual service, without pay, as long as they please,
subject to the utmost rigor of military discipline, corporal punishment, and death itself not
excepted.
3. Congress may levy and collect a capitation or poll tax, to what amount they shall think
proper; of which the poorest taxable in the state must pay as much as the richest.
4. Congress may, under the sanction of that clause in the constitution which empowers
them to regulate commerce, authorize the importation of slaves, even into those states
where this iniquitous trade is or may be prohibited by their laws or constitutions.
5. Congress may, under the sanction of that clause which empowers them to lay and collect
duties (as distinct from imposts and excises) impose so heavy a stamp duty on newspapers
and other periodical publications, as shall effectually prevent all necessary information to
the people through these useful channels of intelligence.
6. Congress may, by imposing a duty on foreigners coming into the country, check the
progress of its population. And after a few years they may prohibit altogether, not only the
emigration of foreigners into our country, but also that of our own citizens to any other
country.
7. Congress may withhold, as long as they think proper, all information respecting their
proceedings from the people.
8. Congress may order the elections for members of their own body, in the several states,
to be held at what times, in what places, and in what manner they shall think proper. Thus,
in Pennsylvania, they may order the elections to be held in the middle of winter, at the city
of Philadelphia; by which means the inhabitants of nine-tenths of the state will be
effectually (tho' constitutionally) deprived of the exercise of their right of suffrage.
9. Congress may, in their courts of judicature, abolish trial by jury in civil cases altogether;
and even in criminal cases, trial by a jury of the vicinage is not secured by the constitution.
A crime committed at Fort Pitt may be tried by a jury of the citizens of Philadelphia.
10. Congress may, if they shall think it for the "general welfare," establish an uniformity in
religion throughout the United States. Such establishments have been thought necessary,
and have accordingly taken place in almost all the other countries in the world, and will no
doubt be thought equally necessary in this.
11. Though I believe it is not generally so understood, yet certain it is, that Congress may
emit paper money, and even make it a legal tender throughout the United States; and, what
is still worse, may, after it shall have depreciated in the hands of the people, call it in by
taxes, at any rate of depreciation (compared with gold and silver) which they may think
proper. For though no state can emit bills of credit, or pass any law impairing the
obligation of contracts, yet the Congress themselves are under no constitutional restraints
on these points.
12. The number of representatives which shall compose the principal branch of Congress is
so small as to occasion general complaint. Congress, however, have no power to increase
the number of representatives, but may reduce it even to one fifth part of the present
arrangement.
13. On the other hand, no state can call forth its militia even to suppress any insurrection or
domestic violence which may take place among its own citizens. This power is, by the
constitution, vested in Congress.
14. No state can compel one of its own citizens to pay a debt due to a citizen of a
neighboring state. Thus a Jersey-man will be unable to recover the price of a turkey sold in
the Philadelphia market, if the purchaser shall be inclined to dispute, without commencing
an action in one of the federal courts.
15. No state can encourage its own manufactures either by prohibiting or even laying a
duty on the importation of foreign articles.
16. No state can give relief to insolvent debtors, however distressing their situation may be,
since Congress will have the exclusive right of establishing uniform laws on the subject of
bankruptcies throughout the United States; and the particular states are expressly
prohibited from passing any law impairing the obligation of contracts.

Anti-Federalist No. 45, Powers of National Government Dangerous to States
by Robert Yates, Sydney
Robert Yates, a delegate to the 1787 convention from New York, left on July 10, 1787. He
became an Antifederalist leader. Under the nome de plume "Sydney" he wrote in the New
York Daily Patriotic Register, June 13 and 14, 1788.
TO THE CITIZENS OF THE STATE OF NEW YORK.
Although a variety of objections to the proposed new constitution for the government of
the United States have been laid before the public by men of the best abilities, I am led to
believe that representing it in a point of view which has escaped their observation may be
of use, that is, by comparing it with the constitution of the State of New York.
The following contrast is therefore submitted to the public, to show in what instances the
powers of the state government will be either totally or partially absorbed, and enable us to
determine whether the remaining powers will, from those kind of pillars, be capable of
supporting the mutilated fabric of a government which even the advocates for the new
constitution admit excels "the boasted models of Greece or Rome, and those of all other
nations, in having precisely marked out the power of the government and the rights of the
people."
It may be proper to premise that the pressure of necessity and distress (and not corruption)
had a principal tendency to induce the adoption of the state constitutions and the existing
confederation; that power was even then vested in the rulers with the greatest caution; and
that, as from every circumstance we have reason to infer that the new constitution does not
originate from a pure source, we ought deliberately to trace the extent and tendency of the
trust we are about to repose, under the conviction that a reassumption of that trust will at
least be difficult, if not impracticable. If we take a retrospective view of the measures of
Congress. we can scarcely entertain a doubt but that a plan has long since been framed
to subvert the confederation; that that plan has been matured with the most persevering
industry and unremitted attention; and that the objects expressed in the preamble to the
constitution, that is "to promote the general welfare and secure the blessings of liberty to
ourselves and our posterity," were merely the ostensible, and not the real reasons of its
framers
The state governments are considered in [the new constitution] as mere dependencies,
existing solely by its toleration, and possessing powers of which they may be deprived
whenever the general government is disposed so to do. If then the powers of the state
governments are to be totally absorbed, in which all agree, and only differ as to the
modewhether it will be effected by a rapid progression, or by as certain, but slower,
operationswhat is to limit the oppression of the general government? Where are the
rights, which are declared to be incapable of violation? And what security have people
against the wanton oppression of unprincipled governors? No constitutional redress is
pointed out, and no express declaration is contained in it, to limit the boundaries of their
rulers. Beside which the mode and period of their being elected tends to take away their
responsibility to the people over whom they may, by the power of the purse and the sword,
domineer at discretion. Nor is there a power on earth to tell them, What dost thou? or, Why
dost thou so? I shall now proceed to compare the constitution of the state of New York
with the proposed federal government, distinguishing the paragraphs in the former, which
are rendered nugatory by the latter; those which are in a great measure enervated, and such
as are in the discretion of the general government to permit or not.
1 & 37
The 1st "Ordains, determines, and declares that no authority shall on any pretence
whatever be exercised over the people or the members of this State, but such as shall be
derived from and granted by them."
The 37th, "That no purchases or contracts for the sale of lands with or of the Indians within
the limits of this state, shall be binding on the Indians, or deemed valid, unless made under
the authority and with the consent of the legislature of this state."
What have we reasonably to expect will be their conduct [i.e., the new national
government] when possessed of the powers "to regulate commerce with foreign nations,
and among the several states, and with the Indian tribes," when they are armed with
legislative, executive, and judicial powers, and their laws the supreme laws of the land.
And when the states are prohibited, without the consent of Congress, to lay any "imposts or
duties on imports," and if they do they shall be for the use of the Treasury of the United
Statesand all such laws subject to the revision and control of Congress.
It is evident that this state, by adopting the new government, will enervate their
legislative rights, and totally surrender into the hands of Congress the management and
regulation of the Indian trade to an improper government, and the traders to be fleeced by
iniquitous impositions, operating at one and the same time as a monopoly and a poll-tax.
The 2nd provides "that the supreme legislative power within this state shall be vested in
two separate and distinct bodies of men, the one to be called the assembly, and the other to
be called the senate of the state of New York, who together shall form the legislature."
The 3rd provides against laws that may be hastily and inadvertently passed, inconsistent
with the spirit of the constitution and the public good, and that "the governor, the
chancellor and judges of the supreme court, shall revise all bills about to be passed into
laws, by the legislature."
The 9th provides "that the assembly shall be the judge of their own members, and enjoy the
same privileges, and proceed in doing business in like manner as the assembly of the
colony of New York of right formerly did."
The 12th provides "that the senate shall, in like manner, be judges of their own members,"
etc.

The 31st describes even the style of lawsthat the style of alt laws shall be as follows: "Be
it enacted by the people of the state of New York represented in senate and assembly," and
that all writs and proceedings shall run in the name of the people of the state of New York,
and tested in the name of the chancellor or the chief judge from whence they shall issue.
The powers vested in the legislature of this state by these paragraphs will be weakened, for
the proposed new government declares that "all legislative powers therein granted shall be
vested in a congress of the United States, which shall consist of a senate and a house of
representatives," and it further prescribes, that "this constitution and the laws of the United
States, which shall be made in pursuance thereof; and all treaties made, or which shalt be
made 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; 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."
Those who are full of faith, suppose that the words "in pursuance thereof" are restrictive,
but if they reflect a moment and take into consideration the comprehensive expressions of
the instrument, they will find that their restrictive construction is unavailing, and this is
evidenced by 1st art., 8th sect., where this government has a power "to lay and collect all
taxes, duties, imposts and excises, to pay the debts, and provide for the common defense
and general welfare of the United States," and also "to make all laws which shall be
necessary and proper for carrying into execution the foregoing powers vested by this
constitution in the government of the United States, or in any department or office
thereof."
. To conclude my observation on this head, it appears to me as impossible that these

powers in the state constitution and those in the general government can exist and operate
together, as it would be for a man to serve two masters whose interests clash, and secure
the approbation of both. Can there at the same time and place be and operate two supreme
legislatures, executives, and judicials? Will a "guarantee of a republican form of
government to every state in the union" be of any avail, or secure the establishment and
retention of state rights?
If this guarantee had remained, as it was first reported by the committee of the whole
house, to wit, "that a republican constitution, and its existing laws, ought to be guaranteed
to each state by the United States," it would have been substantial; but the changing the
word constitution into the word form bears no favorable appearance.
13, 35, 41
By the 13th paragraph "no member of this State shall be disfranchised, or deprived of any
of the rights or privileges secured to the subjects of the State by the constitution, unless by
the law of the land, or judgment of its peers."

The 35th adopts, under certain exceptions and modifications, the common law of England,
the statute law of England and Great Britain, and the acts of the legislature of the colony,
which together formed the law on the 19th of April, 1775.
The 41st provides "that the trial by jury remain inviolate forever; that no acts of attainder
shall be passed by the legislature of this State for crimes other than those committed before
the termination of the present war. And that the legislature shall at no time hereafter
institute any new courts but such as shall proceed according to the course of the common
law.
There can be no doubt that if the new government be adopted in all its latitude, every one
of these paragraphs will become a dead letter. Nor will it solve any difficulties, if the
United States guarantee "to every state in the union a republican form of government;" we
may be allowed the form and not the substance, and that it was so intended will appear
from the changing the word constitution to the word form and the omission of the words,
and its existing laws. And I do not even think it uncharitable to suppose that it was
designedly done; but whether it was so or not, by leaving out these words the jurisprudence
of each state is left to the mercy of the new government.
17, 18, 19, 20, 21, 27, 40
The 17th orders "That the supreme executive power and authority of this State shall be
vested in a governor."
By the 18th he is commander-in-chief of the militia and admiral of the navy of the State;
may grant pardons to all persons convicted of crimes; he may suspend the execution of the
sentence in treason or murder.
By the 19th paragraph he is to see that the laws and resolutions of the legislature be
faithfully executed.
The 20th and 21st paragraphs give the lieutenant-governor, on the death, resignation,
removal from office, or impeachment of the governor, all the powers of a governor.
By the 27th he [the Governor] is president of the council of appointment, and has a casting
vote and the commissioning of all officers.
The 40th paragraph orders that the militia at all times, both in peace and war, shall be
armed and disciplined, and kept in readiness; in what manner the Quakers shall be
excused; and that a magazine of warlike stores be forever kept at the expense of the State,
and by act of the legislature, established, maintained, and continued in every county in the
State.
Whoever considers the following powers vested in the [national] government, and
compares them with the above, must readily perceive they are either all enervated or
annihilated.

By the 1st art., 8th sec., 15th, 16th and 17th clauses, Congress will be empowered to call
forth the militia to execute the laws of the union, suppress insurrections and repel
invasions; to provide for organizing, arming and disciplining the militia, for the governing
such part of them as may be employed in the service of the United States, and for the
erection of forts, magazines, etc.
And by the 2nd art., 2nd sec., "The president shall be commander-in-chief of the army and
navy of the United States, and of the militia of the several States when called into actual
service of the United States.except in cases of impeachment."
And by the 6th art., "The members of the several state legislatures, and all the executive
and judicial officers; both of the United States, and of the several states, shall be bound by
oath or affirmation to support the constitution."
Can this oath be taken by those who have already taken one under the constitution of this
state? From these powers lodged in Congress and the powers vested in the states, it is
clear that there must be a government within a government; two legislative, executive, and
judicial powers. The power of raising an army in time of peace, and to command the
militia, will give the president ample means to enforce the supreme laws of the land.
42
This paragraph provides "that it shalt be in the discretion of the legislature to naturalize all
such persons and in such manner as they shall think proper."
The 1st art., 8th sec., 4th clause, give to the new government power to establish a uniform
rule of naturalization. And by the 4th art., 2nd sec., "the citizens of each state shall be
entitled to all the privileges and immunities of citizens in the several states," whereby the
clause is rendered entirely nugatory.
From this contrast it appears that the general government, when completely organized, will
absorb all those powers of the state which the framers of its constitution had declared
should be only exercised by the representatives of the people of the state; that the burdens
and expense of supporting a state establishment will be perpetuated; but its operations to
ensure or contribute to any essential measures promotive of the happiness of the people
may be totally prostrated, the general government arrogating to itself the right of
interfering in the most minute objects of internal police, and the most trifling domestic
concerns of every state, by possessing a power of passing laws "to provide for the general
welfare of the United States," which may affect life, liberty and property in every
modification they may think expedient, unchecked by cautionary reservations, and
unrestrained by a declaration of any of those rights which the wisdom and prudence of
America in the year 1776 held ought to be at all events protected from violation.
In a word, the new constitution will prove finally to dissolve all the power of the several
state legislatures, and destroy the rights and liberties of the people; for the power of the
first will be all in all, and of the latter a mere shadow and form without substance, and if
adopted we may (in imitation of the Carthagenians) say, Delenda vit America.

Anti-Federalist No. 46, Where Then is the Restraint?
by An Old Whig
This essay by "AN OLD WHIG" (see Antifederalist Nos. 18-20, 49, 50, and 70) appeared
in the Maryland Gazette and Baltimore Advertiser on Nov. 2, 1788.
Let us look to the first article of the proposed new constitution, which treats of the
legislative powers of Congress; and to the eighth section, which pretends to define those
powers. We find here that the Congress in its legislative capacity, shall have the power to
lay and collect taxes, duties, and excises; to borrow money; to regulate commerce; to fix
the rule for naturalization and the laws of bankruptcy; to coin money; to punish
counterfeiters; to establish post offices and post roads; to secure copy rights to authors; to
constitute tribunals; to define and punish piracies; to declare war; to raise and support
armies; to provide and support a navy; to call forth the militia; to organize, arm and
discipline the militia; to exercise absolute power over a district ten miles square,
independent of all the State legislatures, and to be alike absolute over all forts, magazines,
arsenals, dock-yards, and other needful buildings thereunto belonging. This is a short
abstract of the powers given to Congress. These powers are very extensive, but I shall not
stay at present to inquire whether these express powers were necessary to be given to
Congress? Whether they are too great or too small?
My object is to consider that undefined, unbounded and immense power which is

comprised in the following clause"And to make all laws which shall be necessary and
proper for carrying into execution the foregoing powers, and all other powers vested by
this constitution in the government of the United States; or in any department or offices
thereof." Under such a clause as this, can anything be said to be reserved and kept back
from Congress? Can it be said that the Congress have no power but what is expressed? "To
make all laws which shall be necessary and proper"or, in other words, to make all such
laws which the Congress shall think necessary and properfor who shalt judge for the
legislature what is necessary and proper? Who shall set themselves above the sovereign?
What inferior legislature shall set itself above the supreme legislature? To me it appears
that no other power on earth can dictate to them, or control them, unless by force; and
force, either internal or external, is one of those calamities which every good man would
wish his country at all times to be delivered from. This generation in America have seen
enough of war, and its usual concomitants, to prevent all of us from wishing to see any
more of itall except those who make a trade of war. But to the questionwithout force
what can restrain the Congress from making such laws as they please? What limits are
there to their authority? I fear none at all. For surely it cannot be justly said that they have
no power but what is expressly given to them, when by the very terms of their creation
they are vested with the powers of making laws in all casesnecessary and proper; when
from the nature of their power, they must necessarily be the judges what laws are necessary
and proper.
The British act of Parliament, declaring the power of Parliament to make laws to bind
America in all cases whatsoever, was not more extensive. For it is as true as a maxim, that
even the British Parliament neither could nor would pass any law in any case in which they
did not either deem it necessary and proper to make such a law, or pretend to deem it so.
And in such cases it is not of a farthing consequence whether they really are of opinion that
the law is necessary and proper, or only pretend to think so, for who can overrule their
pretensions? No one; unless we had a Bill of Rights, to which we might appeal and under
which we might contend against any assumption of undue power, and appeal to the judicial
branch of the government to protect us by their judgments. This reasoning, I fear, is but too
just. And yet, if any man should doubt the truth of it, let me ask him one other question:
What is the meaning of the latter part of the clause which vests the Congress with the
authority of making all laws which shall be necessary and proper for carrying into
execution all other powers (besides the foregoing powers vested, etc., etc.)? Was it thought
that the foregoing powers might perhaps admit of some restraint, in their construction as to
what was necessary and proper to carry them into execution? Or was it deemed right to add
still further that they should not be restrained to the powers already named? Besides the
powers already mentioned, other powers may be assumed hereafter as contained by
implication in this constitution. The Congress shall judge of what is necessary and proper
in all these cases, and in all other casesin short, in all cases whatsoever.
Where then is the restraint? How are Congress bound down to the powers expressly given?
What is reserved, or can be reserved? Yet even this is not all. As if it were determined that
no doubt should remain, by the sixth article of the Constitution it is declared that "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 the authority of the United States,
shalt be the supreme law of the land, and the judges in every state shall be bound thereby,
any thing in the Constitutions or laws of any State to the contrary notwithstanding." The
Congress are therefore vested with the supreme legislative power, without control. In
giving such immense, such unlimited powers, was there no necessity of a Bill of Rights, to
secure to the people their liberties?
Is it not evident that we are left wholly dependent on the wisdom and virtue of the men
who shall from time to time be the members of Congress? And who shall be able to say
seven years hence, the members of Congress will be wise and good men, or of the contrary
character?

Anti-Federalist No. 47, 'Balance' of Departments Not Achieved Under New Constitution
(Centinel essay No. I and II)
5 October 1787
To the Freemen of Pennsylvania.
Friends, Countrymen and Fellow Citizens,
Permit one of yourselves to put you in mind of certain liberties and privileges secured to
you by the constitution of this commonwealth, and to beg your serious attention to his
uninterested opinion upon the plan of federal government submitted to your consideration,
before you surrender these great and valuable privileges up forever. Your present frame of
government, secures to you a right to hold yourselves, houses, papers and possessions free
from search and seizure, and therefore warrants granted without oaths or affirmations first
made, affording sufficient foundation for them, whereby any officer or messenger may be
commanded or required to search your houses or seize your persons or property, not
particularly described in such warrant, shall not be granted. Your constitution further
provides "that in controversies respecting property, and in suits between man and man, the
parties have a right to trial by jury, which ought to be held sacred." It also provides and
declares. "that the people have a right of FREEDOM OF SPEECH, and of WRITING and
PUBLISHING their sentiments, therefore THE FREEDOM OF THE PRESS OUGHT
NOT TO BE RESTRAINED. " The constitution of Pennsylvania is yet in existence, as yet
you have the right to freedom of speech, and of publishing your sentiments. How long
those rights will appertain to you, you yourselves are called upon to say, whether your
houses shall continue to be your castles; whether your papers, your persons and your
property, are to be held sacred and free from general warrants, you are now to determine.
Whether the trial by jury is to continue as your birth-right, the freemen of Pennsylvania,
nay, of all America, are now called upon to declare.
Without presuming upon my own judgement, I cannot think it an unwarrantable

presumption to offer my private opinion, and call upon others for their's, and if I use my
pen with the boldness of a freeman, it is because I know that the liberty of the press yet
remains unviolated, and juries yet are judges.
The late convention have submitted to your consideration a plan of a new federal
governmentThe subject is highly interesting to your future welfare. Whether it be
calculated to promote the great ends of civil society, viz. the happiness and prosperity of
the community; it behoves you well to consider, uninfluenced by the authority of names.
Instead of that frenzy of enthusiasm, that has actuated the citizens of Philadelphia, in their
approbation of the proposed plan, before it was possible that it could be the result of a
rational investigation into its principles; it ought to be dispassionately and deliberately
examined, and its own intrinsic merit the only criterion of your patronage. If ever free and
unbiased discussion was proper or necessary, it is on such an occasion. All the blessings of
liberty and the dearest privileges of freemen, are now at stake and dependent on your
present conduct. Those who are competent to the task of developing the principles of
government, ought to be encouraged to come forward, and thereby the better enable the
people to make a proper judgment; for the science of government is so abstruse, that few
are able to judge for themselves: without such assistance the people are too apt to yield an
implicit assent to the opinions of those characters, whose abilities are held in the highest
esteem, and to those in whose integrity and patriotism they can confide: not considering
that the love of domination is generally in proportion to talents, abilities, and superior
acquirements; and that the men of the greatest purity of intention may be made instruments
of despotism in the hands of the artful and designing. If it were not for the stability and
attachment which time and habit gives to forms of government it would be in the power of
the enlightened and aspiring few, if they should combine, at any time to destroy the best
establishments, and even make the people the instruments of their own subjugation.
The late revolution having effaced in a great measure all former habits, and the present
institutions are so recent, that there exists not that great reluctance to innovation, so
remarkable in old communities, and which accords with reason, for the most
comprehensive mind cannot foresee the full operation of material changeson civil polity;
it is the genius of the common law to resist innovation.
The wealthy and ambitious, who in every community think they have a right to lord it over
their fellow creatures, have availed themselves, very successfully, of this favorable
disposition; for the people thus unsettled in their sentiments, have been prepared to accede
to any extreme of government; all the distresses and difficulties they experience,
proceeding from various causes, have been ascribed to the impotency of the present
confederation, and thence they have been led to expect full relief from the adoption of the
proposed system of government, and in the other event, immediately ruin and annihilation
as a nation. These characters flatter themselves that they have lulled all distrust and
jealousy of their new plan, by gaining the concurrence of the two men in whom America
has the highest confidence, and now triumphantly exult in the completion of their long
meditated schemes of power and aggrandisement. I would be very far from insinuating that
the two illustrious personages alluded to, have not the welfare of their country at heart, but
that the unsuspecting goodness and zeal of the one, has been imposed on, in a subject of
which he must be necessarily inexperienced, from his other arduous engagements; and that
the weakness and indecision attendant on old age, has been practiced on in the other.
I am fearful that the principles of government inculcated in Mr. [John] Adams's treatise
[Defence of the Constitutions of Government of the United States of America], and
enforced in the numerous essays and paragraphs in the newspapers, have misled some well
designing members of the late Convention. But it will appear in the sequel, that the
construction of the proposed plan of government is infinitely more extravagant.
I have been anxiously expecting that some enlightened patriot would, ere this, have taken
up the pen to expose the futility, and counteract the baneful tendency of such principles.
Mr. Adams's sine qua non of a good government is three balancing powers, whose
repelling qualities are to produce an equilibrium of interests, and thereby promote the
happiness of the whole community. He asserts that the administrators of every
government, will ever be actuated by views of private interest and ambition, to the
prejudice of the public good; that therefore the only effectual method to secure the rights of
the people and promote their welfare, is to create an opposition of interests between the
members of two distinct bodies, in the exercise of the powers of government, and balanced
by those of a third. This hypothesis supposes human wisdom competent to the task of
instituting three co-equal orders in government, and a corresponding weight in the
community to enable them respectively to exercise their several parts, and whose views
and interests should be so distinct as to prevent a coalition of any two of them for the
destruction of the third. Mr. Adams, although he has traced the constitution of every form
of government that ever existed, as far as history affords materials, has not been able to
adduce a single instance of such a government; he indeed says that the British constitution
is such in theory, but this is rather a confirmation that his principles are chimerical and not
to be reduced to practice. If such an organization of power were practicable, how long
would it continue? not a day for there is so great a disparity in the talents, wisdom and
industry of mankind, that the scale would presently preponderate to one or the other body,
and with every accession of power the means of further increase would be greatly
extended. The state of society in England is much more favorable to such a scheme of
government than that of America. There they have a powerful hereditary nobility, and real
distinctions of rank and interests; but even there, for want of that perfect equallity of power
and distinction of interests, in the three orders of government, they exist but in name; the
only operative and efficient check, upon the conduct of administration, is the sense of the
people at large.
Suppose a government could be formed and supported on such principles, would it answer
the great purposes of civil society; if the administrators of every government are actuated
by views of private interest and ambition, how is the welfare and happiness of the
community to be the result of such jarring adverse interests?
Therefore, as different orders in government will not produce the good of the whole, we
must recur to other principles. I believe it will be found that the form of government,
which holds those entrusted with power, in the greatest responsibility to their constituents,
the best calculated for freemen. A republican, or free government, can only exist where the
body of the people are virtuous, and where property is pretty equally divided; in such a
government the people are the sovereign and their sense or opinion is the criterion of every
public measure; for when this ceases to be the case, the nature of the government is
changed, and an aristocracy, monarchy or despotism will rise on its ruin. The highest
responsibility is to be attained, in a simple structure of government, for the great body of
the people never steadily attend to the operations of government, and for want of due
information are liable to be imposed on. If you complicate the plan by various orders, the
people will be perplexed and divided in their sentiments about the source of abuses or
misconduct, some will impute it to the senate, others to the house of representatives, and so
on, that the interposition of the people may be rendered imperfect or perhaps wholly
abortive. But if, imitating the constitution of Pennsylvania, you vest all the legislative
power in one body of men (separating the executive and judicial) elected for a short period,
and necessarily excluded by rotation from permanency, and guarded from precipitancy and
surprise by delays imposed on its proceedings, you will create the most perfect
responsibility for then, whenever the people feel a grievance they cannot mistake the
authors, and will apply the remedy with certainty and effect, discarding them at the next
election. This tie of responsibility will obviate all the dangers apprehended from a single
legislature, and will the best secure the rights of the people.
Having premised this much, I shall now proceed to the examination of the proposed plan
of government, and I trust, shall make it appear to the meanest capacity, that it has none of
the essential requisites of a free government; that it is neither founded on those balancing
restraining powers, recommended by Mr. Adams and attempted in the British constitution,
or possessed of that responsibility to its constituents, which, in my opinion, is the only
effectual security for the liberties and happiness of the people; but on the contrary, that it is
a most daring attempt to establish a despotic aristocracy among freemen, that the world has
ever witnessed.
I shall previously consider the extent of the powers intended to be vested in Congress,
before I examine the construction of the general government.
It will not be controverted that the legislative is the highest delegated power in
government, and that all others are subordinate to it. The celebrated Montesquieu
establishes it as a maxim, that legislation necessarily follows the power of taxation. By
sect. 8, of the first article of the proposed plan of government, "the Congress are to have
power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for
the common defence and general welfare of the United States, but all duties, imposts and
excises, shall be uniform throughout the United States." Now what can be more
comprehensive than these words; not content by other sections of this plan, to grant all the
great executive powers of a confederation, and a STANDING ARMY IN TIME OF
PEACE, that grand engine of oppression, and moreover the absolute control over the
commerce of the United States and all external objects of revenue, such as unlimited
imposts upon imports, etc.they are to be vested with every species of internal taxation
whatever taxes, duties and excises that they may deem requisite for the general welfare,
may be imposed on the citizens of these states, levied by the officers of Congress,
distributed through every district in America; and the collection would be enforced by the
standing army, however grievous or improper they may be. The Congress may construe
every purpose for which the state legislatures now lay taxes, to be for the general welfare,
and thereby seize upon every object of revenue.
The judicial power by 1st sect. of article 3 "shall extend to all cases, in law and equity,
arising under this constitution, the laws of the United States, and treaties made or which
shall be made under their authority; to all cases affecting ambassadors, other public
ministers and consuls; to all cases of admirality and maritime jurisdiction, to controversies
to which the United States shall be a party, to controversies between two or more states,
between a state and citizens of another state, between citizens of different states, between
citizens of the same state claiming lands under grants of different states, and between a
state, or the citizens thereof, and foreign states, citizens or subjects."
The judicial power to be vested in one Supreme Court, and in such Inferior Courts as the
Congress may from time to time ordain and establish.

The objects of jurisdiction recited above, are so numerous, and the shades of distinction
between civil causes are oftentimes so slight, that it is more than probable that the state
judicatories would be wholly superceded; for in contests about jurisdiction, the federal
court, as the most powerful, would ever prevail. Every person acquainted with The history
of the courts in England, knows by what ingenious sophisms they have, at different
periods, extended the sphere of Their jurisdiction over objects out of the line of their
institution, and contrary to their very nature; courts of a criminal jurisdiction obtaining
cognizance in civil causes.
To put the omnipotency of Congress over the state government and judicatories out of all
doubt, the 6th article ordains that "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 the
authority of the United States, shall be the supreme law of the land, and the judges in every
state shall be bound thereby, any thing in the constitution or laws of any state to the
contrary notwithstanding."
By these sections the all-prevailing power of taxation, and such extensive legislative and
judicial powers are vested in the general government, as must in their operation,
necessarily absorb the state legislatures and judicatories; and that such was in the
contemplation of the framers of it, will appear from the provision made for such event, in
another part of it; (but that, fearful of alarming the people by so great an innovation, they
have suffered the forms of the separate governments to remain, as a blind.) By sect. 4th of
the 1st article, "the times, places and manner of holding elections for senators and
representatives, shall be prescribed in each state by the legislature thereof; but the
Congress may at any time, by law, make or alter such regulations, except as to the place of
chusing senators." The plain construction of which is, that when the state legislatures drop
out of sight, from the necessary operation this government, then Congress are to provide
for the election and appointment of representatives and senators.
If the foregoing be a just commentif the united states are to be melted down into one
empire, it becomes you to consider, whether such a government, however constructed,
would be eligible in so extended a territory; and whether it would be practicable, consistent
with freedom? It is the opinion of the greatest writers, that a very extensive country cannot
be governed on democratical principles, on any other plan, than a confederation of a
number of small republics, possessing all the powers of internal government, but united in
the management of their foreign and general concerns.
It would not be difficult to prove, that any thing short of despotism, could not bind so great
a country under one government; and that whatever plan you might, at the first setting out,
establish, it would issue in a despotism.
If one general government could be instituted and maintained on principles of freedom, it

would not be so competent to attend to the various local concerns and wants, of every
particular district, as well as the peculiar governments, who are nearer the scene, and
possessed of superior means of information, besides, if the business of the whole union is
to be managed by one government, there would not be time. Do we not already see, that
the inhabitants in a number of larger states, who are remote from the seat of government,
are loudly complaining of the inconveniencies and disadvantages they are subjected to on
this account, and that, to enjoy the comforts of local government, they are separating into
smaller divisions.
Having taken a review of the powers, I shall now examine the construction of the proposed
general government.
Art. 1. Sect. 1. "All legislative powers herein granted shall be vested in a Congress of the
United States, which shall consist of a senate and house of representatives." By another
section? the president (the principal executive officer) has a conditional control over their
proceedings.
Sect. 2. "The house of representatives shall be composed of members chosen every second
year, by the people of the several states. The number of representatives shall not exceed
one for every 30,000 inhabitants."
The senate, the other constituent branch of the legislature, is formed by the legislature of
each state appointing two senators, for the term of six years.
The executive power by Art. 2, Sect. 1. is to be vested in a president of the United States of
America, elected for four years: Sect. 2. gives him "power, by and with the consent of the
senate to make treaties, provided two thirds of the senators present concur; and he shall
nominate, and by and with the advice and consent of the senate, shall appoint ambassadors,
other public ministers and consuls, judges of the Supreme Court, and all other officers of
the United States, whose appointments are not herein otherwise provided for, and which
shall be established by law," etc. And by another section he has the absolute power of
granting reprieves and pardons for treason and all other high crimes and misdemeanors,
except in case of impeachment.
The foregoing are the outlines of the plan.
Thus we see, the house of representatives, are on the part of the people to balance the
senate, who I suppose will be composed of the better sort, the well born, etc. The number
of the representatives (being only one for every 30,000 inhabitants) appears to be too few,
either to communicate the requisite information, of the wants, local circumstances and
sentiments of so extensive an empire, or to prevent corruption and undue influence, in the
exercise of such great powers; the term for which they are to be chosen, too long to
preserve a due dependence and accountability to their constituents; and the mode and
places of their election not sufficiently ascertained, for as Congress have the control over
both, they may govern the choice, by ordering the representatives of a whole state, to be
elected in one place, and that too may be the most inconvenient.
The senate, the great efficient body in this plan of government, is constituted on the most
unequal principles. The smallest state in the union has equal weight with the great states of
Virginia Massachusetts, or Pennsylvania. The Senate, besides its legislative functions, has
a very considerable share in the Executive; none of the principal appointments to office can
be made without its advice and consent. The term and mode of its appointment, will lead to
permanency; the members are chosen for six years, the mode is under the control of
Congress, and as there is no exclusion by rotation, they may be continued for life, which,
from their extensive means of influence, would follow of course. The President, who
would be a mere pageant of state, unless he coincides with the views of the Senate, would
either become the head of the aristocratic junto in that body, or its minion, besides, their
influence being the most predominant, could the best secure his re-election to office. And
from his power of granting pardons, he might skreen from punishment the most
treasonable attempts on liberties of the people, when instigated by the Senate.
From this investigation into the organization of this government, it appears that it is devoid
of all responsibility or accountability to the great body of the people, and that so far from
being a regular balanced government, it would be in practicea permanent
ARISTOCRACY.
The framers of it, actuated by the true spirit of such a government, which ever abominates
and suppresses all free enquiry and discussion, have made no provision for the liberty of
the press that grand palladium of freedom, and scourge of tyrants, but observed a total
silence on that head. It is the opinion of some great writers, that if the liberty of the press,
by an institution of religion, or otherwise, could be rendered sacred, even in Turkey, that
despotism would fly before it. And it is worthy of remark, that there is no declaration of
personal rights, premised in most free constitutions; and that trial by jury in civil cases is
taken away; for what other construction can be put on the following, viz. Article m. Sect.
2d. "In all cases affecting ambassadors, other public ministers and consuls, and those in
which a State shall be party, the Supreme Court shall have original jurisdiction. In all the
other cases above mentioned, the Supreme Court shall have appellate jurisdiction, both as
to law and fact?" It would be a novelty in jurisprudence, as well as evidently improper to
allow an appeal from the verdict of a jury, on the matter of fact; therefore, it implies and
allows of a dismission of the jury in civil cases, and especially when it is considered, that
jury trial in criminal cases is expresly stipulated for, but not in civil cases.
But our situation is represented to be so critically dreadful that, however reprehensible and
exceptionable the proposed plan of government may be, there is no alternative, between
the adoption of it and absolute ruin. My fellow citizens, things are not at that crisis, it is the
argument of tyrants; the present distracted state of Europe secures us from injury on that
quarter, and as to domestic dissensions, we have not so much to fear from them, as to
precipitate us into this form of government, without it is a safe and a proper one. For
remember, of all possible evils that of despotism is the worst and the most to be dreaded.
Besides, it cannot be supposed, that the first essay on so difficult a subject, is so well
digested, as it ought to be, if the proposed plan, after a mature deliberation, should meet
the approbation of the respective States, the matter will end, but if it should be found to be
fraught with dangers and inconveniencies, a future general Convention being in possession
of the objections, will be the better enabled to plan a suitable government.
Who's here so base, that would a bondsman be?

If any, speak; for him have I offended.
Who's here so vile, that will not love his country?
If any, speak; for him have I offended.
Julius Caesar, Act 3, Scene 2
Centinel II (excerpt)
24 October 1787
Mr. [James] Wilson asserts that never was charge made with less reason, than that which
predicts the institution of a baneful aristocracy in the federal Senate.' In my first number, I
stated that this body would be a very unequal representation of the several States, that the
members being appointed for the long term of six years, and there being no exclusion by
rotation, they might be continued for life, which would follow of course from their
extensive means of influence, and that possessing a considerable share in the executive as
well as the legislative, it would become a permanent aristocracy, and swallow up the other
orders in the government.
That these fears are not imaginary, a knowledge of the history of other nations, where the
powers of government have been injudiciously placed, will fully demonstrate. Mr. Wilson
says, "the senate branches into two characters; the one legislative and the other executive.
In its legislative character it can effect no purpose, without the co-operation of the house of
representatives, and in its executive character it can accomplish no object without the
concurrence of the president. Thus fettered, I do not know any act which the senate can of
itself perform, and such dependence necessarily precludes every idea of influence and
superiority." This I confess is very specious, but experience demonstrates that checks in
government, unless accompanied with adequate power and independently placed, prove
merely nominal, and will be inoperative. Is it probable, that the President of the United
States, limited as he is in power, and dependent on the will of the senate, in appointments
to office, will either have the firmness or inclination to exercise his prerogative of a
conditional control upon the proceedings of that body, however injurious they may be to
the public welfare? It will be his interest to coincide with the views of the senate, and thus
become the head of the aristocratic junto. The king of England is a constituent part in the
legislature, but although an hereditary monarch, in possession of the whole executive
power, including the unrestrained appointment to offices, and an immense revenue, enjoys
but in name the prerogative of a negative upon the parliament. Even the king of England,
circumstanced as he is, has not dared to exercise it for near a century past. The check of the
house of representatives upon the senate will likewise be rendered nugatory for want of
due weight in the democratic branch, and from their constitution they may become so
independent of the people as to be indifferent of its interests. Nay, as Congress would have
the control over the mode and place of their election, by ordering the representatives of a
whole state to be elected at one place, and that too the most inconvenient, the ruling
powers may govern the choice, and thus the house of representatives may be composed of
the creatures of the senate. Still the semblance of checks may remain, but without
operation.
This mixture of the legislative and executive moreover highly tends to corruption. The
chief improvement in government, in modern times, has been the complete separation of
the great distinctions of power; placing the legislative in different hands from those which
hold the executive; and again severing the judicial part from the ordinary administrative.
"When the legislative and executive powers (says Montesquieu) are united in the same
person or in the same body of magistrates, there can be no liberty."

Anti-Federalist No. 48, No Separation of Departments Results in No Responsibility
by Leonidas
LEONIDAS", from London, obviously did not understand Article II Section I of the
proposed new Constitution. But his works were welcomed in the London Times, and either
The Freeman's Journal, or The North-American Intelligencer on July 30, 1788.
In the new constitution for the future government of the thirteen United States of America,
the President and Senate have all the executive and two thirds of the Legislative power.
This is a material deviation from those principles of the English constitution, for which
they fought with us; and in all good governments it should be a fundamental maxim, that,
to give a proper balance to the political system, the different branches of the legislature
should be unconnected, and the legislative and executive powers should be separate. By
the new constitution of America this union of the executive and legislative bodies operates
in the most weighty matters of the state. They jointly make all treaties; they jointly appoint
all officers civil and military; and, they jointly try all impeachments, either of their own
members, or the officers appointed by themselves.
In this formidable combination of power, there is no responsibility. And where there is

power without responsibility, how can there be liberty?
The president of the United States is elected for four years, and each of the thirteen states
has one vote at his election; which vote is not of the people, but of electors two degrees
from the people.
The senate is a body of six years duration; and as in the choice of presidents, the largest
state has but one vote, so it is in the choice of senators. Now this shows, that responsibility
is as little to be apprehended from amenability to constituents, as from the terror of
impeachment; for to the members of the senate it is clear, that trial by impeachment is
nothing but parade.
From such an union in governments, it requires no great depth of political knowledge to

prophesy, that monarchy or aristocracy must be generated, and perhaps of the most
grievous kind. The only check in favor of the democratic principle is the house of
representatives; but its smallness of number, and great comparative disparity of power,
render that house of little effect to promote good or restrain bad government.
The power given to this ill-constructed senate is, to judge of what may be for the general
welfare; and such engagements, when made the acts of Congress, become the supreme
laws of the land.
This is a power co-extensive with every possible object of human legislation. Yet there is
no restraint, no charter of rights, no residuum of human privileges, not intended to be given
up to society. The rights of conscience, the freedom of the press, and trial by jury, are at
the mercy of this senate. Trial by jury has been already materially injured. The trial in
criminal cases is not by twelve men of the vicinage, or of the county, but of the state; and
the states are from fifty to seven hundred miles in extent! In criminal cases this new system
says, the trial shall be by jury. On civil cases it is silent. There it is fair to infer, that as in
criminal cases it has been materially impaired, in civil cases it may be altogether omitted.
But it is in truth, strongly discountenanced in civil cases; for this new system gives the
supreme court in matters of appeal, jurisdiction both of law and fact.
This being the beginning of American freedom, it is very clear the ending will be slavery,
for it cannot be denied that this constitution is, in its first principles, highly and
dangerously oligarchical; and it is every where agreed, that a government administered by
a few, is, of all governments, the worst.

Anti-Federalist No. 49, On Constitutional ConventionsPart I
by Massachusettensis
The following essay is in two parts: the first is by "MASSACHUSETTENSIS," and is

reprinted from The Massachusetts Gazette of January 29, 1788.
That the new constitution cannot make a union of states, but only of individuals, and
purposes the beginning of one new society, one new government in all matters, is evident
from these considerations, viz: It marks no line of distinction between separate state
matters, and what would of right come under the control of the powers ordained in a union
of states. To say that no line could be drawn, is giving me the argument. For what can be
more absurd than to say, that states are united where a general power is established that
extends to all objects of government, i.e., all that exist among the people who make the
compact? And is it not clear that Congress have the right (by the constitution), to make
general laws for proving all acts, records, proceedings, and the effect thereof, in what are
now called the states? Is it possible after this that any state act can exist, or any public
business be done, without the direction and sanction of Congress, or by virtue of some
subordinate authority? If not, how in the nature of things can there be a union of states?
Does not the uniting of states, as states, necessarily imply the existence of separate state
powers?
Again, the constitution makes no consistent, adequate provision for amendments to be

made to it by states, as states. Not they who drew up the amendments (should any be
made), but they who ratify them, must be considered as making them. Three fourths of the
legislatures of the several states, as they are now called, may ratify amendmentsthat is, if
Congress see fit, but not without. Where is then any independent state authority recognized
in the plan? And if there is no independent state authority, how can there be a union of
states? But is it not a question of importance why the states in their present capacity,
cannot ratify the original? I mean, why the legislatures of the several states cannot do this
business? I wish to be informed where to find the regular exercise and legal sanction of
state power, if the legislative authority of the state is set aside. Have the people some other
constitutional means by which they can give their united voice in state affairs? This leads
me to observe, that should the new constitution be received as it stands, it can never be
proved that it originated from any proper state authority; because there is no such authority
recognized either in the form of it, or in the mode fixed upon for its ratification. It says,
"We the people of the United States," etc., make this constitution; but does this phrase,
"We the people of the United States," prove that the people are acting in state character, or
that the several states must of necessity exist with separate governments? Who that
understands the subject will believe either?
The plan does not acknowledge any constitutional state authority as necessary in the
ratification of it. This work is to be done by a mere convention, only in consequence of
mere recommendation; which does by no means amount to a proper state act. As no state
act can exist independent of the supreme authority of the state, and this authority is out of
the question in the ratification of the new constitution, it clearly follows that the ratifying
of it, by a mere convention, is no proper state business. To conclude, the people may make
the original, but the people have no right to alter it. Congress may order this matter just as
they please, and consequently have whom they please elected for governors or
representatives, not of the states but of the people; and not of the people as men but as
property.
MASSACHUSETTENSIS
It appears to me that I was mistaken in supposing that we could so very easily make trial of
this constitution, and again change it at our pleasure. The conventions of the several states
cannot propose any alterations-they are only to give their assent and ratification. And after
the constitution is once ratified, it must remain fixed until two thirds of both the houses of
Congress shall deem it necessary to propose amendments; or the legislatures of two thirds
of the several states shall make application to Congress for the calling a convention for
proposing amendments - which amendments shall not be valid until they are ratified by the
legislatures of three fourths of the several states, or by conventions in three fourths thereof,
as one or the other mode of ratification may be proposed by Congress. This appears to me
to be only a cunning way of saying that no alteration shall ever be made; so that whether it
is a good constitution or a bad constitution, it will remain forever unamended. Lycurgus,
when he promulgated his laws to the Spartans, made them swear that they would make no
alterations in them until he should return from a journey which he was then about to
undertake. He chose never to return, and therefore no alteration could be made in his laws.
The people were made to believe that they could make trial of his laws for a few months or
years, during his absence, and as soon as he returned they could continue to observe them
or reject at pleasure. Thus this celebrated republic was in reality established by a trick. In
like manner the proposed constitution holds out a prospect of being subject to be changed
if it be found necessary or convenient to change it; but the conditions upon which an
alteration can take place, are such as in all probability will never exist. The consequence
will be that when the constitution is once established it never can be altered or amended
without some violent convulsion or civil war.
The conditions, I say, upon which any alterations can take place, appear to me to be such
as never will exist. Two thirds of both houses of congress, or the legislatures of two thirds
of the states, must agree in desiring a convention to be called. This will probably never
happen. But if it should happen, then the convention may agree to the amendments or not,
as they think right; and after all three fourths of the states must ratify the amendments.
Before all this labyrinth can be traced to a conclusion, ages will revolve, and perhaps the
great principles upon which our late glorious revolution was founded, will be totally
forgotten. If the principles of liberty are not firmly fixed and established in the present
constitution, in vain may we hope for retrieving them hereafter. People once possessed of
power are always loathe to part with it; and we shall never find two thirds of a Congress
voting or proposing anything which shall derogate from their own authority and
importance, or agreeing to give back to the people any part of those privileges which they
have once parted with-so far from it, that the greater occasion there may be for a
reformation, the less likelihood will there be of accomplishing it. The greater the abuse of
power, the more obstinately is it always persisted in. As to any expectation of two thirds of
the legislatures concurring in such a request, it is if possible still more remote. The
legislatures of the states will be but forms and shadows, and it will be the height of
arrogance and presumption in them, to turn their thoughts to such high subjects. After this
constitution is once established, it is too evident that we shall be obliged to fill up the
offices of assemblymen and councillors, as we do those of constables, by appointing men
to serve whether they will or not, and fining them if they refuse. The members thus
appointed, as soon as they can hurry through a law or two for repairing highways, or
impounding cattle, will conclude the business of their sessions as suddenly as possible, that
they may return to their own business. Their heads will not be perplexed with the great
affairs of state. We need not expect two thirds of them ever to interfere in so momentous a
question as that of calling a continental convention. The different legislatures will have no
communication with one another, from the time of the new constitution being ratified to
the end of the world. Congress will be the great focus of power as well as the great and
only medium of communication from one state to another. The great and the wise and the
mighty will be in possession of places and offices; they will oppose all changes in favor of
liberty; they will steadily pursue the acquisition of more and more power to themselves
and their adherents . . .
AN OLD WHIG

Anti-Federalist No. 50, On Constitutional ConventionsPart II
by An Old Whig
Antifederalists sought a second constitutional convention immediately after conclusion of

the first. This essay by "AN OLD WHIG", is from either The Freeman's Journal or The
North-American Intelligencer, of November 28, 1787.
It is true that the Continental Convention have directed their proposed constitution to be
laid before a Convention of Delegates to be chosen in each state "for their assent and
ratification," which seems to preclude the idea of any power in the several Conventions of
proposing any alterations; or, indeed, even of rejecting the plan proposed if they should
disapprove of it. Still, however, the question recurs, what authority the late Convention had
to bind the people of the United States to any particular form of government, or to forbid
them to adopt such form of government, as they should think fit. I know it is a language
frequent in the mouths of some heaven-born Phaetons among uswho, like the son of
Apollo, think themselves entitled to guide the chariot of the sunthat common people
have no right to judge of the affairs of government; that they are not fit for it; that they
should leave these matters to their superiors. This, however, is not the language of men of
real understanding, even among the advocates for the proposed Constitution; but these still
recognize the authority of the people, and will admit, at least in words, that the people have
a right to be consulted. Then I ask, if the people in the different states have a right to be
consulted in the new form of continental government, what authority could the late
Convention have to preclude them from proposing amendments to the plan they should
offer? Had the Convention any right to bind the people to the form of government they
should propose? Let us consider this matter.
The late Convention were chosen by the General Assembly of each state. They had the
sanction of Congress. For what? To consider what alterations were necessary to be made in
the articles of Confederation. What have they done? They have made a new Constitution
for the United States. I will not say that in doing so they have exceeded their authority; but,
on the other hand, I trust that no man of understanding among them will pretend to say that
anything they did, or could do, was of the least avail to lessen the right of the people to
judge for themselves in the last resort. This right is perhaps unalienable; but, at all events,
there is no pretense for saying that this right was ever meant to be surrendered up into the
hands of the late Continental Convention. The people have an undoubted right to judge of
every part of the government which is offered to them. No power on earth has a right to
preclude them; and they may exercise this choice either by themselves or their delegates
legally chosen in the state Convention. I venture to say that no man, reasoning upon
Revolution principles, can possibly controvert this right.
Indeed, very few go so far as to controvert the right of the people to propose amendments.
But we are told the thing is impracticable; that if we begin to propose amendments there
will be no end to them; that the several states will never agree in their amendments; that we
shall never unite in any plan; that if we reject this, we shall either have a worse one or none
at all; that we ought therefore to adopt this at once without alteration or amendment. Now,
these are very kind gentlemen who insist upon doing so much good for us, whether we will
or not. Idiots and maniacs ought certainly to be restrained from doing themselves mischief,
and ought to be compelled to that which is for their own good. Whether the people of
America are to be considered in this light and treated accordingly, is a question which
deserves, perhaps, more consideration than it has yet received. A contest between the
patients and their doctors, which are mad or which are fools, might possibly be a very
unhappy one. I hope at least that we shall be able to settle this important business without
so preposterous a dispute. What then would you have us do, it may be asked? Would you
have us adopt the proposed constitution or reject it? The method I would propose is this:
1. Let the conventions of each state, as they meet, after considering the proposed
constitution, state their objections and propose their amendments. So far from these
objections and amendments clashing with each other in irreconcilable discord, as it has too
often been suggested they would do, that from what has been hitherto published in the
different states in opposition to the proposed constitution we have a right to expect that
they will harmonize in a very great degree. The reason I say so is that about the same time,
in very different parts of the continent, the very same objections have been made, and the
very same alterations proposed by different writers, who I verily believe know nothing at
all of each other and were very far from acting by a premeditated concert; and that others
who have not appeared as writers in the newspapers in the different states, have appeared
to act and speak in perfect unison with those objections and amendments, particularly in
the article of a bill of rights; that in short, the very same sentiments seem to have been
echoed from the different parts of the continent by the opposers of the proposed
constitution. And these sentiments have been very little contradicted by its friends,
otherwise than by suggesting their fears that by opposing the constitution at present
proposed, we might be disappointed of any federal government, or receive a worse one
than the present. It would be a most delightful surprise to find ourselves all of one opinion
at last. And I cannot forbear hoping that when we come fairly to compare our sentiments,
we shalt find ourselves much more nearly agreed, than in the hurry and surprise in which
we have been involved on this subject, we ever suffered ourselves to imagine.
2. When the conventions have stated these objections and amendments, let them transmit
them to congress, and adjourn, praying that congress will direct another convention to be
called from the different states, to consider of these objections and amendments, and
pledging themselves to abide by whatever decision shall be made by such future
convention on the subject whether it be to amend the proposed constitution or to reject any
alterations, and ratify it as it stands.
3. If a new convention of the United States should meet, and revise the proposed
constitution, let us agree to abide by their decision. It is past a doubt that every good
citizen of America pants for an efficient federal government. T have no doubt we shall
concur at last in some plan of continental government, even if many people could imagine
exceptions to it. But if the exceptions which are made at present shall be maturely
considered, and even be pronounced by our future representatives as of no importance
(which I trust they will not), even in that case I have no doubt that almost every man will
give up his own private opinion and concur in that decision.

4. If, by any means, another continental convention should fail to meet, then let the
conventions of the several states again assemble and at last decide the great solemn
question, whether we shall adopt the constitution now proposed or reject it. And whenever
it becomes necessary to decide upon this point one, at least, who from the beginning has
been invariably anxious for the liberty and independence of this country, will concur in
adopting and supporting this constitution, rather than none; though, I confess, I could
easily imagine some other form of confederation which I should think better entitled to my
hearty approbation, and indeed I am not afraid of a worse.

Anti-Federalist No. 51, Do Checks and Balances Really Secure the Rights of the People?
by Aristocrotis
This satire is from a pamphlet of "ARISTOCROTIS", The Government of Nature

Delineated; Or An Exact Picture of the New Federal Constitution (Carlisle, PA, 1788)
The present is an active period. Europe is in a ferment breaking their constitutions;

America is in a similar state, making a constitution. For this valuable purpose a convention
was appointed, consisting of such as excelled in wisdom and knowledge, who met in
Philadelphia last May. For my own part, I was so smitten with the character of the
members, that I had assented to their production, while it was yet in embryo. And I make
no doubt but every good republican did so too. But how great was my surprise, when it
appeared with such a venerable train of names annexed to its tail, to find some of the
people under different signaturessuch as Centinel, Old Whig, Brutus, etc.daring to
oppose it, and that too with barefaced arguments, obstinate reason and stubborn truth. This
is certainly a piece of the most extravagant impudence to presume to contradict the
collected wisdom of the United States; or to suppose a body, who engrossed the whole
wisdom of the continent, was capable of erring. I expected the superior character of the
convention would have secured it from profane sallies of a plebeian's pen; and its inherent
infallibility debarred the interference of impertinent reason or truth. It was too great an act
of condescension to permit the people, by their state conventions, "to assent and ratify,"
what the grand convention prescribed to them; but to inquire into its principles, or
investigate its properties, was a presumption too daring to escape resentment. Such
licentious conduct practised by the people, is a striking proof of our feeble governments,
and calls aloud for the pruning knife, i.e., the establishment of some proper plan of
discipline. This the convention, in the depth of their united wisdom hath prescribed, which
when established, will certainly put a stop to the growing evil. A consciousness of this, is,
no doubt, the cause which stimulates the people to oppose it with so much vehemence.
They deprecate the idea of being confined within their proper sphere; they cannot endure
the thought of being obliged to mind their own business, and leave the affairs of
government to those whom nature hath destined to rule. I say nature, for it is a fundamental
principle, as clear as an axiom, that nature hath placed proper degrees and subordinations
amongst mankind and ordained a few(1) to rule, and many to obey. I am not obliged to
prove this principle because it would be madness in the extreme to attempt to prove a self-
evident truth.
(1) If any person is so stupidly dull as not to discern who these few are, I would refer such
to nature herself for information. Let them observe her ways and be wise. Let them mark
those men whom she hath endued with the necessary qualifications of authority; such as
the dictatorial air, the magisterial voice, the imperious tone, the haughty countenance, the
lofty look, the majestic mien. Let them consider those whom she hath taught to command
with authority, but comply with disgust; to be fond of sway, but impatient of control; to
consider themselves as Gods, and all the rest of mankind as two legged brutes. Now it is
evident that the possessors of these divine qualities must have been ordained by nature to
dominion and empire; for it would be blasphemy against her supreme highness to suppose
that she confers her gifts in vain. Fortune hath also distinguished those upon whom nature
hath imprinted the lineaments of authority. She hath heaped her favors and lavished her
gifts upon those very persons whom nature delighteth to honor. Indeed, instinct hath taught
those men that authority is their natural right, and therefore they grasp at it with an
eagerness bordering on rapacity.
But with all due submission to the infallible wisdom of the grand convention, let me
presume to examine whether they have not, in the new plan of government, inviolably
adhered to this supreme principle.
In article first, section first, of the new plan, it is declared that "all legislative powers herein
granted shall be vested in a Congress of the United States which shall consist of a
Senate"very right, quite agreeable to nature and House of Representatives"not quite so
right. This is a palpable compliance with the humors and corrupt practices of the times. But
what follows in section 2 is still worse: "The House of Representatives shall be composed
of members chosen every second year by the people of the several states." This is a most
dangerous power, and must soon produce fatal and pernicious consequences, were it not
circumscribed and poised by proper checks and balances. But in this is displayed the
unparalleled sagacity of the august convention: that when such bulwarks of prejudice
surrounded the evil, so as to render it both difficult and dangerous to attack it by assault
and storm, they have invested and barricaded it so closely as will certainly deprive it of its
baneful influence and prevent its usual encroachments. They have likewise stationed their
miners and sappers so judiciously, that they will certainly, in process of time, entirely
reduce and demolish this obnoxious practice of popular election. There is a small thrust
given to it in the body of the conveyance itself. The term of holding elections is every two
years; this is much better than the detestable mode of annual elections, so fatal to energy.
However, if nothing more than this were done, it would still remain an insupportable
inconvenience. But in section 4 it is provided that congress by law may alter and make
such regulations with respect to the times, places, and manner of holding elections, as to
them seemeth fit and proper. This is certainly a very salutary provision, most excellently
adapted to counterbalance the great and apparently dangerous concessions made to the
plebeians in the first and second sections. With such a prudent restriction as this they are
quite harmless: no evil can arise from them if congress have only the sagacity and fortitude
to avail themselves of the power they possess by this section. For when the stated term (for
which the primary members was elected) is nigh expired, congress may appoint [the] next
election to be held in one place in each state; and so as not to give the rabble needless
disgust, they may appoint the most central place for that purpose. They can never be at a
loss for an ostensible reason to vary and shift from place to place until they may fix it at
any extremity of the state it suits. This will be the business of the senate, to observe the
particular places in each state, where their influence is most extensive, and where the
inhabitants are most obsequious to the will of their superiors, and there appoint the
elections to be held. By this means, such members will be returned to the house of
representatives (as it is called) as the president and senate shall be pleased to recommend;
and they no doubt will recommend such gentlemen only as are distinguished by some
peculiar federal featureso that unanimity and concord will shine conspicuous through
every branch of government. This section is ingeniously calculated, and must have been
intended by the convention, to exterminate electioneering entirely. For by putting the time
of election in the hands of congress they have thereby given them a power to perpetuate
themselves when they shall find it safe and convenient to make the experiment. For though
a preceding clause says, "that representatives shall be chosen for two years, and senators
for six years," yet this clause being subsequent annuls the former, and puts it in the power
of congress, (when some favorable juncture intervenes) to alter the time to four and twelve
years. This cannot be deemed an unconstitutional stretch of power, for the constitution in
express terms puts the time of holding elections in their power, and certainly they are the
proper judges when to exert that power. Thus by doubling the period from time to time, its
extent will soon be rendered coeval with the life of man. And it is but a very short and easy
transition from this to hereditary succession, which is most agreeable to the institutions of
nature, who in all her works, hath ordained the descendant of every species of beings to
succeed its immediate progenitor, in the same actions, ends and order.
The indefatigable laborious ass never aspires to the honors, nor assumes the employment
of the sprightly warlike steed, nor does he ever pretend that it is his right to succeed him in
all his offices and dignities, because he bears some resemblance to the defunct in his figure
and nature. The llama, though useful enough for the purposes for which he was intended
by nature, is every way incompetent to perform the offices of the elephant; nor does he
ever pretend to usurp his elevated station. Every species of beings, animate and inanimate,
seem fully satisfied with the station assigned them by nature. But perverse, obstinate man,
he alone spurns at her institutions, and inverts her order.' He alone repines at his situation,
and endeavors to usurp the station of his superiors. But this digression has led me from the
subject in hand.
(2) This is only to be understood of the inferior class of mankind. The superior order have
aspiring feelings given them by nature, such as ambition, emulation, etc., which makes it
their duty to persevere in the pursuit of gratifying these refined passions.
The next object that presents itself is the power which the new constitution gives to
congress to regulate the manner of elections. The common practice of voting at present is
by ballot. By this mode it is impossible for a gentleman to know how he is served by his
dependent, who may be possessed of a vote. Therefore this mode must be speedily altered
for that viva voce, which will secure to a rich man all the votes of his numerous
dependents and friends and their dependents. By this means he may command any office in
the gift of the people, which he pleases to set up for. This will answer a good end while
electioneering exists; and will likewise contribute something towards its destruction. A
government founded agreeable to nature must be entirely independent; that is, it must be
beyond the reach of annoyance or control from every power on earth, Now in order to
render it thus, several things are necessary.
2dly. It will create and diffuse a spirit of industry among the people. They will then be
obliged to labor for money to pay their taxes. There will be no trifling from time to time, as
is done now. The new government will have energy sufficient to compel immediate
payment.
3dly. This will make the people attend to their own business, and not be dabbling in
politicsthings they are entirely ignorant of; nor is it proper they should understand. But it
is very probable that the exercise of this power may be opposed by the refractory
plebeians, who (such is the perverseness of their natures) often refuse to comply with what
is manifestly for their advantage. But to prevent all inconvenience from this quarter the
congress have power to raise and support armies. This is the second thing necessary to
render government independent. The creatures who compose these armies are a species of
animals, wholly at the disposal of government; what others call their natural rights they
resign into the hands of their superiorseven the right of self-preservation (so precious to
all other beings) they entirely surrender, and put their very lives in the power of their
masters. Having no rights of their own to care for, they become naturally jealous and
envious of those possessed by others. They are therefore proper instruments in the hands of
government to divest the people of their usurped rights. But the capital business of these
armies will be to assist the collectors of taxes, imposts, and excise, in raising the revenue;
and this they will perform with the greatest alacrity, as it is by this they are supported; but
for this they would be in a great measure useless; and without this they could not exist.
From these remarks, I think it is evident, that the grand convention hath dexterously
provided for the removal of every thing that hath ever operated as a restraint upon
government in any place or age of the world. But perhaps some weak heads may think that
the constitution itself will be a check upon the new congress. But this I deny, for the
convention has so happily worded themselves, that every part of this constitution either
bears double meaning, or no meaning at all; and if any concessions are made to the people
in one place, it is effectually cancelled in anotherso that in fact this constitution is much
better and gives more scope to the rulers than they durst safely take if there was no
constitution at all. For then the people might contend that the power was inherent in them,
and that they had made some implied reserves in the original grant. But now they cannot,
for every thing is expressly given away to government in this plan. Perhaps some people
may think that power which the house of representatives possesses, of impeaching the
officers of government, will be a restraint upon them. But this entirely vanishes, when it is
considered that the senate hath the principal say in appointing these officers, and that they
are the sole judges of all impeachments. Now it would be absurd to suppose that they
would remove their own servants for performing their secret orders. . . . For the interest of
rulers and the ruled will then be two distinct things. The mode of electing the president is
another excellent regulation, most wisely calculated to render him the obsequious machine
of congress. He is to be chosen by electors appointed in such manner as the state legislators
shall direct. But then the highest in votes cannot be president, without he has the majority
of all the electors; and if none have this majority, then the congress is to choose the
president out of the five highest on the return. By this means the congress will always have
the making of the president after the first election. So that if the reigning president pleases
his masters, he need be under no apprehensions of being turned out for any severities used
to the people, for though the congress may not have influence enough to procure him the
majority of the votes of the electoral college, yet they will always be able to prevent any
other from having such a majority; and to have him returned among the five highest, so
that they may have the appointing of him themselves. All these wise regulations, prove to a
demonstration, that the grand convention was infallible. The congress having thus
disentangled themselves from all popular checks and choices, and being supported by a
well disciplined army and active militia, will certainly command dread and respect abroad,
obedience and submission at home. They will then look down with awful dignity and
tremendous majesty from the pinnacle of glory to which fortune has raised them upon the
insignificant creatures, their subjects, whom they have reduced to that state of vassalage
and servile submission, for which they were primarily destined by nature. America will
then be great amongst the nations and princess amongst the provinces. Her fleets will cover
the deserts of the ocean and convert it into a popular city; and her invincible armies
overturn the thrones of princes. The glory of Britain shall fall like lightning before her
puissant arm; when she ariseth to shake the nations, and take vengeance on all who dare
oppose her. O! thou most venerable and august congress! with what astonishing ideas my
mind is ravished! when I contemplate thy rising grandeur, and anticipate thy future glory!
Happy thy servants! happy thy vassals! and happy thy slaves, which fit under the shade of
thy omnipotent authority, and behold the glory of thy majesty! for such a state who would
not part with ideal blessings of liberty? who would not cheerfully resign the nominal
advantages of freedom? the dazzling splendor of Assyrian, Persian, Macedonian and
Roman greatness will then be totally eclipsed by the radiant blaze of this glorious western
luminary! These beautiful expressions, aristocracy, and oligarchy, upon which the popular
odium hath fixed derision and contempt, will then resume their natural emphasis; their
genuine signification will be perfectly understood, and no more perverted or abused.

Anti-Federalist No. 52, On the Guarantee of Congressional Biennial Elections
by Consider Arms, Malichi Maynard, and Samuel Field
The following essay was signed by Consider Arms, Malichi Maynard, and Samuel Field. It
was taken from The Hampshire Gazette of April 9, 1788.
We the subscribers being of the number, who did not assent to the ratification of the
federal constitution, under consideration in the late state convention, held at Boston, to
which we were called by the suffrages of the corporations to which we respectively
belongbeg leave, through the channel of your paper, to lay before the public in general,
and our constituents in particular, the reasons of our dissent, and the principles which
governed us in our decision of this important question.
Fully convinced, ever since the late revolution, of the necessity of a firm, energetic
government, we should have rejoiced in an opportunity to have given our assent to such a
one; and should in the present case, most cordially have done it, could we at the same time
been happy to have seen the liberties of the people and the rights of mankind properly
guarded and secured. We conceive that the very notion of government carries along with it
the idea of justice and equity, and that the whole design of instituting government in the
world, was to preserve men's properties from rapine, and their bodies from violence and
bloodshed.
These propositions being established, we conceive must of necessity produce the following
consequence: That every constitution or system, which does not quadrate with this original
design, is not government, but in fact a subversion of it.
Having premised thus much, we proceed to mention some things in this constitution to
which we object, and to enter into an inquiry, whether, and how far they coincide with
those simple and original notions of government before mentioned.
In the first place, as direct taxes are to be apportioned according to the numbers in each
state, and as Massachusetts has none in it but what are declared free men, so the whole,
blacks as well as whites, must be numbered; this must therefore operate against us, as two-
fifths of the slaves in the southern states are to be left out of the numeration. Consequently,
three Massachusetts infants will increase the tax equal to five sturdy full-grown Negroes of
theirs, who work every day in the week for their masters, saving the Sabbath, upon which
they are allowed to get something for their own support. We can see no justice in this way
of apportioning taxes. Neither can we see any good reason why this was consented to on
the part of our delegates.
We suppose it next to impossible that every individual in this vast continental union,
should have his wish with regard to every single article composing a frame of government.
And therefore, although we think it More agreeable to the principles of republicanism, that
elections should be annual, yet as the elections in our own state government are so, we did
not view it so dangerous to the liberties of the people, that we should have rejected the
constitution merely on account of the biennial elections of the representativeshad we

been sure that the people have any security even of this. But this we could not find. For
although it is said, that "the House of Representatives shall be chosen every second year,
by the people of the several states," etc., and that "the times, places and manner of holding
elections for senators and representatives, shall be prescribed in each state by the
legislature thereof," yet all this is wholely superseded by a subsequent provision, which
empowers Congress at any time to enact a law, whereby such regulations may be altered,
except as to the places of choosing senators. Here we conceive the people may be very
materially injured, and in time reduced to a state of as abject vassalage as any people were
under the control of the most mercenary despot that ever tarnished the pages of history.
The depravity of human nature, illustrated by examples from history, will warrant us to
say, it may be possible, if not probable, that the congress may be composed of men, who
will wish to burden and oppress the people. In such case, will not their inventions be
fruitful enough to devise occasions for postponing the elections? And if they can do this
once, they can twice; if they can twice, they can thrice, so by degrees render themselves
absolute and perpetual. Or, if they choose, they have another expedient. They can alter the
place of holding elections. They can say, whatever the legislature of this state may order to
the contrary, that all the elections of our representatives shall be made at Mechias, or at
Williamstown. Consequently, nine-tenths of the people will never vote. And if this should
be thought a measure favorable to their reelection, or the election of some tool for their
mercenary purposes, we doubt not it will be thus ordered. But says the advocates for the
constitution, "it is not likely this will ever happen; we are not to expect our rulers will ever
proceed to a wanton exercise of the powers given them." But what reason have we more
than past ages, to expect that we shall be blessed with impeccable rulers? We think not
any. Although it has been said that every generation grows wiser and wiser, yet we have no
reason to think they grow better and better. And therefore the probability lies upon the dark
side. Does not the experience of past ages leach, that men have generally exercised all the
powers they had given them, and even have usurped upon them, in order to accomplish
their own sinister and avaricious designs, whenever they thought they could do it with
impunity? This we presume will not be denied. And it appeared to us that the arguments
made use of by the favorers of the constitution, in the late convention at Boston, proceeded
upon the plan of righteousness in those who are to rule over us, by virtue of this new form
of government. But these arguments, we confess, could have no weight with us, while we
judge them to be founded altogether upon a slippery perhaps.
We are sensible, that in order to the due administration of government, it is necessary that
certain powers should be delegated to the rulers from the people. At the same time, we
think they ought carefully to guard against giving so much as will enable those rulers, by
that means, at once, or even in process of time, to render themselves absolute and despotic.
This we think is the case with the form of government lately submitted to our
consideration. We could not, therefore, acting uprightly, consulting our own good and the
good of our constituents, give our assent unto it. We could not then and we still cannot see,
that because people are many times guilty of crimes and deserving of punishment, that it
from thence follows the authority ought to have power to punish them when they are not
guilty, or to punish the innocent with the guilty without discrimination, which amounts to
the same thing. But this we think in fact to be the case as to this federal constitution. For
the congress, whether they have provocation or not, can at any time order the elections in
any or all the states to be conducted in such manner as wholely to defeat and render
entirely nugatory the intention of those elections, and convert that which was considered
and intended to be the palladium of the liberties of the peoplethe grand bulwark against
any invasion upon theminto a formidable engine, by which to overthrow them all, and
thus involve them in the depth of misery and distress. But it was pled by some of the ablest
advocates of the constitution, that if congress should exercise such powers to the prejudice
of the people (and they did not deny but they could if they should be disposed) they (the
people) would not suffer it. They would have recourse to the ultima ratio, the dernier resort
of the oppressedthe sword.
But it appeared to us a piece of superlative incongruity indeed, that the people, whilst in
the full and indefeasible possession of their liberties and privileges, should be so very
profuse, so very liberal in the disposal of them, as consequently to place themselves in a
predicament miserable to an extreme. So wretched indeed, that they may at once be
reduced to the sad alternative of yielding themselves vassals into the hands of a venal and
corrupt administration, whose only wish may be to aggrandize themselves and families
to wallow in luxury and every species of dissipation, and riot upon the spoils of the
community; or take up the sword and involve their country in all the horrors of a civil
warthe consequences of which, we think, we may venture to augur will more firmly
rivet their shackles and end in the entailment of vassalage to their posterity. We think this
by no means can fall within the description of government before mentioned. Neither can
we think these suggestions merely chimerical, or that they proceed from an overheated
enthusiasm in favor of republicanism; neither yet from an illplaced detestation of
aristocracy; but from the apparent danger the people are in by establishing this
constitution. When we take a forward view of the proposed congressseated in the federal
city, ten miles square, fortified and replenished with all kinds of military stores and every
implement; with a navy at command on one side, and a land army on the otherwe say,
when we view them thus possessed of the sword in one hand and the purse strings of the
people in the other, we can see no security left for them in the enjoyment of their liberties,
but what may proceed from the bare possibility that this supreme authority of the nation
may be possessed of virtue and integrity sufficient to influence them in the administration
of equal justice and equity among those whom they shall govern. But why should we
voluntarily choose to trust our all upon so precarious a tenure as this? We confess it gives
us pain to anticipate the future scene: a scene presenting to view miseries so complicated
and extreme, that it may be part of the charms of eloquence to extenuate, or the power of
art to remove.

Anti-Federalist No. 53, A Plea for the Right of Recall
by Amicus
AMICUS appeared in the Columbian Herald, August 28, 1788.
Some time before a Convention of the United States was held, I mentioned in a paragraph
which was published in one of the Charlestown papers, that it would be acting wisely in
the formation of a constitution for a free government, to enact, that the electors should
recall their representatives when they thought proper, although they should be chosen for a
certain term of years; as a right to appoint (where the right of appointing originates with
the appointees) implies a right to recall. As the persons appointed are meant to act for the
benefit of the appointees, as well as themselves, they, if they mean to act for their mutual
benefit, can have no objection to a proposal of this kind. But if they have any sinister
designs, they will certainly oppose it, foreseeing that their electors will displace them as
soon as they begin to act contrary to their interest. I am therefore glad to find that the state
of New York has proposed an amendment of this kind to the federal constitution, viz: That
the legislatures of the respective states may recall their senators, or either of them, and
elect others in their stead, to serve the remainder of the time for which the senators so
recalled were appointed. I wish this had been extended to the representatives in both
houses, as it is as prudent to have a check over the members of one house as of the other.
Some persons as object to this amendment, in fact say, that it is safer to give a man an
irrevocable power of attorney, than a revocable one; and that it is right to let a
representative ruin us, rather than recall him and put a real friend of his country, and a truly
honest man in his place, who would rather suffer ten thousand deaths than injure his
country, or sully his honor and reputation. Such persons seem to say, that power ought not
to originate with the people (which is the wish, I fear, of some among us); and also that we
are not safe in trusting our own legislature with the power of recalling such senators as will
not abide by such instructionsas shall be either given them, when chosen, or sent to them
afterwards, by the legislature of this or any other state, or by the electors that chose them,
although they should have met together in a body for the purpose of instructing or sending
them instructions on a matter on which the salvation of the state depends. That we should
insist on the amendment respecting this matter taking place, which the state of New York
has proposed, appears to me to be absolutely necessary, the security of each state may be
almost said to rest on it. For my own part, I would rather that this amendment should take
place and give the new government unlimited powers to act for the public good, than give
them limited powers, and at the same time put it out of our power, for a certain term of
years, to recall our representatives, although we saw they were exceeding their powers, and
were bent on making us miserable and themselves, by means of a standing armya
perpetual and absolute government. For power is a very intoxicating thing, and has made
many a man do unwarrantable actions, which before he was invested with it, he had no
thoughts of doing. I hope by what I have said I shall not be thought to cast even the
shadow of a reflection on the principles of either of the members of the federal
conventionit is far from being my intention. I wish for nothing more than a good
government and a constitution under which our liberties will be perfectly safe. To preserve
which, I think the wisest conduct will be to keep the staff of power in our own hands as
much as possible, and not wantonly and inconsiderately give up a greater share of our
liberties with a view of contributing to the public good, than what the necessity of the case
requires.
For our own sakes we shall keep in power those persons whose conduct pleases us as long
as we can, and shall perhaps sometimes wish (when we meet with a person of an extra
worthy character and abilities) that we could keep him in power for life. On the other hand,
we shall dismiss from our employ as soon as possible, such persons as do not consult our
interest and will not follow our instructions. For there are, I fear, a few persons among us,
so wise in their own eyes, that they would if they could, pursue their own will and
inclinations, in opposition to the instructions of their constituents. In so doing, they may
perhaps, once in a hundred times, act for the interest of those they represent, more than if
they followed the instructions given them. But I wish that we would never suffer any
person to continue our representative that obeyed not our instructions, unless something
unforeseen and unknown by us turned up, which he knew would alter our sentiments, if we
were made acquainted with it; and which would make his complying with our will highly
imprudent. In every government matter, on which our representatives were not instructed,
we should leave them to act agreeable to their own judgment; on which account we should
always choose men of integrity, honor and abilities to represent us. But when we did
instruct them, as they are our representatives and agents, we should insist on their acting
and voting conformable to our directions. But as they would each of them be a member of
the community, they should have a right to deliver to the houses of representatives of
which they were members, their own private sentiments so that if their private sentiments
contained cogent reasons for acting contrary to the instructions given themthe other
members of said houses who would not be bound by said instructions, would be guided by
them; in which case, that would take place which would be most for the public good,
which ought to be the wish of all of us.

Anti-Federalist No. 54, Apportionment and Slavery: Northern and Southern Views, from
Brutus III: The Apportionment of Members Among the States
This four part essay shows both northern and southern dissatisfaction with "the Great
Compromise"
The first is taken from the third essay of "BRUTUS."
The second: from the speeches of Rawlins Lowndes to the South Carolina ratifying
convention on January 16, 17, and 18, 1788.
The third: from the sixth essay by "CATO."
The fourth: from an essay by "A GEORGIAN," appearing in The Gazette of the State of
Georgia on November 15, 1787.
Brutus III
15 November 1787
In the investigation of the constitution, under your consideration, great care should be
taken, that you do not form your opinions respecting it, from unimportant provisions, or
fallacious appearances.
On a careful examination, you will find, that many of its parts, of little moment, are well
formed; in these it has a specious resemblance of a free governmentbut this is not
sufficient to justify the adoption of itthe gilded pill, is often found to contain the most
deadly poison.
You are not however to expect, a perfect form of government, any more than to meet with
perfection in man: your views therefore, ought to be directed to the main pillars upon
which a free government is to rest; if these are well placed, on a foundation that will
support the superstructure, you should be satisfied, although the building may want a
number of ornaments, which, if your particular tastes were gratified, you would have added
to it: on the other hand. if the foundation is insecurely laid. and the main supports are
wanting, or not properly fixed, however the fabric may be decorated and adorned, you
ought to reject it.
Under these impressions, it has been my object to turn your attention to the principal
defects in this system.
I have attempted to shew, that a consolidation of this extensive continent, under one
government, for internal, as well as external purposes, which is evidently the tendency of
this constitution, cannot succeed, without a sacrifice of your liberties; and therefore that the
attempt is not only preposterous, but extremely dangerous; and I have shewn, independent
of this, that the plan is radically defective in a fundamental principle, which ought to be
found in every free government; to wit, a declaration of rights.
I shall now proceed to take a nearer view of this system, to examine its parts more
minutely, and shew that the powers are not properly deposited, for the security of public
liberty.
The first important object that presents itself in the organization of this government, is the
legislature. This is to be composed of two branches; the first to be called the general
assembly, and is to be chosen by the people of the respective states, in proportion to the
number of their inhabitants, and is to consist of sixty five members, with powers in the
legislature to encrease the number, not to exceed one for every thirty thousand inhabitants.
The second branch is to be called the senate, and is to consist of twenty-six members, two
of which are to be chosen by the legislatures of each of the states.
In the former of these there is an appearance of justice, in the appointment of its

membersbut if the clause, which provides for this branch, be stripped of its ambiguity, it
will be found that there is really no equality of representation, even in this house.
The words are "representatives and direct taxes, shall be apportioned among the several
states, which may be included in this union, according to their respective numbers, which
shall be determined by adding to the whole number of free persons, including those bound
to service for a term of years, and excluding Indians not taxed, three fifths of all other
persons."What a strange and unnecessary accumulation of words are here used to
conceal from the public eye. what might have been expressed in the following concise
manner. Representatives are to be proportioned among the states respectively, according to
the number of freemen and slaves inhabiting them, counting five slaves for three free men.
"In a free state." says the celebrated Montesquieu, "every man. who is supposed to be a
free agent, ought to be concerned in his own government. therefore the legislature should
reside in the whole body of the people, or their representatives." But it has never been
alledged that those who are not free agents, can, upon any rational principle, have any
thing to do in government, either by themselves or others. If they have no share in
government. why is the number of members in the assembly, to be increased on their
account? Is it because in some of the states, a considerable part of the property of the
inhabitants consists in a number of their fellow men, who are held in bondage, in defiance
of every idea of benevolence, justice, and religion, and contrary to all the principles of
liberty, which have been publickly avowed in the late glorious revolution? If this be a just
ground for representation, the horses in some of the states, and the oxen in others, ought to
be representedfor a great share of property in some of them. consists in these animals;
and they have as much controul over their own actions, as these poor unhappy creatures,
who are intended to be described in the above recited clause, by the words, "all other
persons." By this mode of apportionment, the representatives of the different pans of the
union, will be extremely unequal: in some of the southern states, the slaves are nearly
equal in number to the free men; and for all these slaves, they will be entitled to a
proportionate share in the legislaturethis will give them an unreasonable weight in the
government, which can derive no additional strength, protection, nor defence from the
slaves, but the contrary. Why then should they be represented? What adds to the evil is,
that these states are to be permitted to continue the inhuman traffic of importing slaves,
until the year 1808and for every cargo of these unhappy people, which unfeeling.
unprincipled, barbarous, and avaricious wretches, may tear from their country, friends and
tender connections, and bring into those states, they are to be rewarded by having an
increase of members in the general assembly.
There appears at the first view a manifest inconsistency, in the apportionment of

representatives in the senate, upon the plan of a consolidated government. On every
principle of equity, and propriety, representation in a government should be in exact
proportion to the numbers, or the aids afforded by the persons represented. How
unreasonable, and unjust then is it that Delaware should have a representation in the senate,
equal to Massachusetts, or Virginia? The latter of which contains ten times her numbers.
and is to contribute to the aid of the general government in that proportion? This article of
the constitution will appear the more objectionable, if it is considered, that the powers
vested in this branch of the legislature are very extensive, and greatly surpass those lodged
in the assembly, not only for general purposes, but. in many instances, for the internal
police of the states. The Other branch of the legislature, in which, if in either, a f[a]int
spark of democracy is to be found, should have been properly organized and established
but upon examination you will find, that this branch does not possess the qualities of a just
representation, and that there is no kind of security, imperfect as it is. for its remaining in
the hands of the people.
It has been observed, that the happiness of society is the end of government that every
free government is founded in compact: and that, because it is impracticable for the whole
community to assemble, or when assembled, to deliberate with wisdom, and decide with
dispatch, the mode of legislating by representation was devised.
The very term, representative, implies, that the person or body chosen for this purpose,
should resemble those who appoint thema representation of the people of America, if it
be a true one, must be like the people. It ought to be so constituted, that a person, who is a
stranger to the country, might be able to form a just idea of their character, by knowing that
of their representatives. They are the signthe people are the thing signified. It is absurd
to speak of one thing being the representative of another, upon any other principle. The
ground and reason of representation, in a free government, implies the same thing. Society
instituted government to promote the happiness of the whole, and this is the great end
always in view in the delegation of powers. It must then have been intended, that those
who are placed instead of the people, should possess their sentiments and feelings, and be
governed by their interests, or, in other words, should bear the strongest resemblance of
those in whose room they are substituted. It is obvious, that for an assembly to be a true
likeness of the people of any country, they must be considerably numerous.One man. or
a few men, cannot possibly represent the feelings, opinions, and characters of a great
multitude. In this respect, the new constitution is radically defective.The house of

assembly, which is intended as a representation of the people of America, will not, nor
cannot, in the nature of things, be a proper onesixty-five men cannot be found in the
United States, who hold the sentiments, possess the feelings, or are acqainted with the
wants and interests of this vast country. This extensive continent is made up of a number of
different classes of people; and to have a proper representation of them. each class ought to
have an opportunity of choosing their best informed men for the purpose; but this cannot
possibly be the case in so small a number. The state of New-York, on the present
apportionment, will send six members to the assembly: I will venture to affirm, that
number cannot be found in the state, who will bear a just resemblance to the several classes
of people who compose it. In this assembly, the farmer, merchant, mecanick. and other
various orders of people, ought to be represented according to their respective weight and
numbers; and the representatives ought to be intimately acquainted with the wants,
understand the interests of the several orders in the society, and feel a proper sense and
becoming zeal to promote their prosperity. I cannot conceive that any six men in this state
can be found properly qualified in these respects to discharge such important duties: but
supposing it possible to find them, is there the least degree of probability that the choice of
the people will fall upon such men? According to the common course of human affairs, the
natural aristocracy of the country will be elected. Wealth always creates influence, and this
is generally much increased by large family connections: this class in society will for ever
have a great number of dependents; besides, they will always favour each otherit is their
interest to combinethey will therefore constantly unite their efforts to procure men of
their own rank to be electedthey will concenter all their force in every part of the state
into one point, and by acting together, will most generally carry their election. It is
probable, that but few of the merchants, and those the most opulent and ambitious, will
have a representation from their bodyfew of them are characters sufficiently
conspicuous to attract the notice of the electors of the state in so limited a representation.
The great body of the yeomen of the country cannot expect any of their order in this
assemblythe station will be too elevated for them to aspire tothe distance between the
people and their representatives, will be so very great, that there is no probability that a
farmer, however respectable, will be chosenthe mechanicks of every branch, must
expect to be excluded from a seat in this BodyIt will and must be esteemed a station too
high and exalted to be filled by any but the first men in the state, in point of fortune; so that
in reality there will be no part of the people represented, but the rich, even in that branch of
the legislature, which is called the democratic.The well born, and highest orders in life,
as they term themselves, will be ignorant of the sentiments of the midling class of citizens,
strangers to their ability, wants, and difficulties, and void of sympathy, and fellow feeling.
This branch of the legislature will not only be an imperfect representation, but there will be
no security in so small a body, against bribery, and corruptionIt will consist at first, of
sixty-five, and can never exceed one for every thirty thousand inhabitants; a majority of
these, that is, thirty-three, are a quorum, and a majority of which, or seventeen, may pass
any lawso that twenty-five men, will have the power to give away all the property of the
citizens of these stateswhat security therefore can there be for the people, where their
liberties and property are at the disposal of so few men? It will literally be a government in
the hands of the few to oppress and plunder the many. You may conclude with a great
degree of certainty, that it, like all others of a similar nature, will be managed by influence
and corruption, and that the period is not far distant, when this will be the case, if it should
be adopted; for even now there are some among us, whose characters stand high in the
public estimation, and who have had a principal agency in framing this constitution, who
do not scruple to say, that this is the only practicable mode of governing a people, who
think with that degree of freedom which the Americans dothis government will have in
their gift a vast number of offices of great honor and emolument. The members of the
legislature are not excluded from appointments; and twenty-five of them, as the case may
be, being secured, any measure may be carried.
The rulers of this country must be composed of very different materials from those of any
other, of which history gives us any account, if the majority of the legislature are not,
before many years, entirely at the devotion of the executiveand these states will soon be
under the absolute domination of one, or a few, with the fallacious appearance of being
governed by men of their own election.
The more I reflect on this subject, the more firmly am I persuaded, that the representation
is merely nominala mere burlesque; and that no security is provided against corruption
and undue influence. No free people on earth, who have elected persons to legislate for
them, ever reposed that confidence in so small a number. The British house of commons
consists of five hundred and fifty-eight members; the number of inhabitants in Great-
Britain, is computed at eight millionsthis gives one member for a little more than
fourteen thousand, which exceeds double the proportion this country can ever have: and
yet we require a larger representation in proportion to our numbers, than Great-Britain,
because this country is much more extensive, and differs more in its productions, interests,
manners, and habits. The democratic branch of the legislatures of the several states in the
union consists, I believe at present, of near two thousand; and this number was not thought
too large for the security of liberty by the framers of our state constitutions: some of the
states may have erred in this respect, but the difference between two thousand, and sixty-
five, is so very great, that it will bear no comparison.
Other objections offer themselves against this part of the constitutionI shall reserve them
for a future paper, when I shall shew, defective as this representation is, no security is
provided, that even this shadow of the right, will remain with the people.
BRUTUS
. . . . six of the Eastern States formed a majority in the House of Representatives. In the
enumeration he passed Rhode Island, and included Pennsylvania. Now, was it consonant
with reason, with wisdom, with policy, to suppose, in a legislature where a majority of
persons sat whose interests were greatly different from ours, that we had the smallest
chance of receiving adequate advantages? Certainly not. He believed the gentlemen that
went from this state, to represent us in Convention, possessed as much integrity, and stood
as high in point of character, as any gentlemen that could have been selected; and he also
believed that they had done every thing in their power to procure for us a proportionate
share in this new government; but the very little they had gained proved what we may
expect in future-that the interest of the Northern States would so predominate as to divest
us of any pretensions to the title of a republic. In the first place, what cause was there for
jealousy of our importing Negroes? Why confine us to twenty years, or rather why limit us
at all? For his part, he thought this trade could be justified on the principles of religion,
humanity, and justice; for certainly to translate a set of human beings from a bad country to
a better, was fulfilling every part of these principles. But they don't like our slaves, because
they have none themselves, and therefore want to exclude us from this great advantage.
Why should the Southern States allow of this, without the consent of nine states? . . .
We had a law prohibiting the importation of Negroes for three years, a law he greatly
approved of; but there was no reason offered why the Southern States might not find it
necessary to alter their conduct, and open their ports.
Without Negroes, this state would degenerate into one of the most contemptible in the
Union; and he cited an expression that fell from General Pinckney on a former debate, that
whilst there remained one acre of swampland in South Carolina, he should raise his voice
against restricting the importation of Negroes. Even in granting the importation for twenty
years, care had been taken to make us pay for this indulgence, each negro being liable, on
importation, to pay a duty not exceeding ten dollars; and, in addition to this, they were
liable to a capitation tax. Negroes were our wealth, our only natural resource; yet behold
how our kind friends in the north were determined soon to tie up our hands, and drain us of
what we had! The Eastern States drew their means of subsistence, in a great measure, from
their shipping; and, on that head, they had been particularly careful not to allow of any
burdens: they were not to pay tonnage or duties; no, not even the form of clearing out: all
ports were free and open to them! Why, then, call this a reciprocal bargain, which took all
from one party, to bestow it on the other!
Major [Pierce] BUTLER observed, that they were to pay five per cent impost.
This, Mr. LOWNDES proved, must fall upon the consumer. They are to be the carriers;
and, we being the consumers, therefore all expenses would fall upon us. A great number of
gentlemen were captivated with this new Constitution, because those who were in debt
would be compelled to pay; others pleased themselves with the reflection that no more
confiscation laws would be passed; but those were small advantages, in proportion to the
evils that might be apprehended from the laws that might be passed by Congress, whenever
there was a majority of representatives from the Eastern States, who were governed by
prejudices and ideas extremely different from ours. . . .
Cato VI
Thursday, December 16, 1787
by Cato
For the New York Journal, &c.
To the people of the state of New York

The next objection that arises against this proffered constitution is, that the apportionment
of representatives and direct taxes are unjust. The words, as expressed in this article, are
representatives and direct taxes shall be apportioned among the several states which may
be included in this union, according to their respective numbers, which shall be determined
by adding to the whole number of free persons, including those bound to service for a term
of years, and excluding Indians not taxed, three-fifths of all other persons. In order to
elucidate this, it will be necessary to repeat the remark in my last number, that the mode of
legislation in the infancy of free communities was by the collective body, and this
consisted of free persons, or those whose age admitted them to the right of mankind and
citizenship, whose sex made them capable of protecting the state, and whose birth may be
denominated Free Born; and no traces can be found that ever women, children, and slaves,
or those who were not sui juris, in the early days of legislation, meeting with the free
members of the community to deliberate on public measures; hence is derived this maxim
in free governments, that representation ought to bear a proportion to the number of free
inhabitants in a community; this principle your own state constitution, and others, have
observedjn the establishment of a future census, in order to apportion the representatives,
and to increase or diminish the representation to the ratio of the increase or diminution of
electors. But, what aid can the community derive from the assistance of women, infants
and slaves, in their deliberation, or in their defence? and what motives, therefore, could the
convention have in departing from the just and rational principle of representation, which
is the governing principle of this state and of all America?
The doctrine of taxation is a very important one, and nothing requires more wisdom and
prudence than the regulation of that portion, which is taken from, and of that which is left
to the subjectand if you anticipate what will be the enormous expense of this new
government added also to your own, little will that portion be which will be left to you. I
know there are politicians who believe that you should be loaded with taxes, in order to
make you industrious, and, perhaps, there are some of this opinion in the convention, but it
is an erroneous principle. For, what can inspire you with industry, if the greatest measure
of your labors are to be swallowed up in taxes? The advocates for this new system hold out
an idea, that you will have but little to pay, for that the revenues will be so managed as to
be almost wholly drawn from the source of trade or duties on imports, but this is
delusivefor this government to discharge all its incidental expenses, besides paying the
interest on the home and foreign debts, will require more money than its commerce can
afford; and if you reflect one moment, you will find, that if heavy duties are laid on
merchandise, as must be the case if government intends to make this the prime medium to
lighten the people of taxes, that the price of the commodities, useful as well as luxurious,
must be increased; the consumers will be fewer; the merchants must import less; trade will
languish, and this source of revenue in a great measure be dried up; but if you examine this
a little further you will find that this revenue, managed in this way, will come out of you,
and be a very heavy and ruinous one, at least. The merchant no more than advances the
money for you to the public and will not, nor cannot pay any part of it himself; and if he
pays more duties, he will sell his commodities at a price portionably raised. Thus the
laborer, mechanic, and farmer must feel it in the purchase of their utensils and clothing
wages, etc., must rise with the price of things or they must be ruined; and that must be the
case with the farmer, whose produce will not increase, in the ratio, with labor, utensils and
clothing; for that he must sell at the usual price or lower perhaps, caused by the decrease of
trade; the consequence will be that he must mortgage his farm, and then comes inevitable
bankruptcy.
In what manner then will you be eased, if the expenses of government are to be raised
solely out of the commerce of this country; do you not readily apprehend the fallacy of this
argument? But government will find that to press so heavily on commerce will not do, and
therefore must have recourse to other objects; these will be a capitation or poll-tax,
window lights, etc., etc,, and a long train of impositions which their ingenuity will suggest;
but will you submit to be numbered like the slaves of an arbitrary despot; and what will be
your reflections when the tax-master thunders at your door for the duty on that light which
is the bounty of heaven. It will be the policy of the great land-holders who will chiefly
compose this senate, and perhaps a majority of this house of representatives, to keep their
lands free from taxes; and this is confirmed by the failure of every attempt to lay a land-tax
in this state; hence recourse must and will be had to the sources I mentioned before. The
burdens on you will be insupportable-your complaints will be inefficaciousthis will
beget public disturbances; and I will venture to predict, without the spirit of prophecy, that
you and the government, if it is adopted, will one day be at issue on this point. The force of
government will be exerted, this will call for an increase of revenue, and will add fuel to
the fire. The result will be that either you will revolve to some other form, or that
government will give peace to the country by destroying the opposition. If government
therefore can, notwithstanding every opposition, raise a revenue on such things as are
odious and burdensome to you, they can do anything.
But why should the number of individuals be the principle to apportion the taxes in each
state, and to include in that number women, children and slaves? The most natural and
equitable principle of apportioning taxes would be in a ratio to their property, and a
reasonable impost in a ratio to their trade; but you are told to look for the reason of these
things in accommodation; but this much-admired principle, when stripped of its mystery,
will in this case appear to be no less than a basis for an odious poll-tax-the offspring of
despotic governments, a thing so detestable that the state of Maryland, in their bill of
rights, declares "that the levying taxes by the poll is grievous and oppressive, and ought to
be abolished." A poll-tax is at all times oppressive to the poor, and their greatest
misfortune will consist in having more prolific wives than the rich.
In every civilized community, even in those of the most democratic kind, there are
principles which lead to an aristocracythese are superior talents, fortunes and public
employments. But in free governments the influence of the two former is resisted by the
equality of the laws, and the latter by the frequency of elections, and the chance that every
one has in sharing in public business; but when this natural and artificial eminence is
assisted by principles interwoven in this government; when the senate, so important a
branch of the legislature, is so far removed from the people as to have little or no
connection with them; when their duration in office is such as to have the resemblance to
perpetuity; when they are connected with the executive, by the appointment of all officers,
and also to become a judiciary for the trial of officers of their own appointments; added to
all this, when none but men of opulence will hold a seat, what is there left to resist and
repel this host of influence and power? Will the feeble efforts of the house of
representatives, in whom your security ought to subsist, consisting of about seventy-three,

be able to hold the balance against them, when, from the fewness of members in this
house, the senate will have in their power to poison even a majority of that body by
douceurs of office for themselves or friends? From causes like this both Montesquieu and
Hume have predicted the decline of the British government into that of an absolute one;
but the liberties of this country, it is probable, if this system is adopted, will be strangled in
their birth; for whenever the executive and senate can destroy the independence of the
majority in the house of representatives, then where is your security? They are so
intimately connected, that their interests will be one and the same; and will the slow
increase of numbers be able to afford a repelling principle? But you are told to adopt this
government first, and you will always be able to alter it afterwards; this would first be
submitting to be slaves and then taking care of your liberty; and when your chains are on,
then to act like freemen.
Complete acts of legislation, which are to become the supreme law of the land, ought to be
the united act of all the branches of government; but there is one of the most important
duties may be managed by the Senate and executive alone, and to have all the force of the
law paramount without the aid or interference of the House of Representatives; that is the
power of making treaties. This power is a very important one, and may be exercised in
various ways, so as to affect your person and property, and even the domain of the nation.
By treaties you may defalcate part of the empire; engagements may be made to raise an
army, and you may be transported to Europe, to fight the wars of ambitious princes; money
may be contracted for, and you must pay it; and a thousand other obligations may be
entered into; all which will become the supreme law of the land, and you are bound by it.
If treaties are erroneously or wickedly made who is there to punish,the executive can
always cover himself with the plea that he was advised by the senate, and the senate being
a collective body are not easily made accountable for mal-administration. On this account
we are in a worse situation than Great Britain, where they have secured by a ridiculous
fiction, the king from accountability, by declaring that he can do no wrong, by which
means the nation can have redress against his minister; but with us infallibility pervades
every part of the system, and neither the executive nor his council, who are a collective
body. and his advisers, can be brought to punishment for mal-administration.
CATO
Article 1, section 2. This section mentions that, within three years after the first meeting of
the Congress of the United States, an enumeration shall take place, the number of
representatives not to exceed one member for every 30,000. This article I believe to be
inadmissable. First, it affords to small a representation, (supposing 48 at the highest
calculation) and especially in the southern states, their climate, soil, and produce, . . . not
being capable of that population as in the northern states. Would it not therefore be better
to increase the number of representatives, say one member for every 20,000 for the states
north of Virginia, and one for every 15,000 south of the said state, itself included? Or,
secondly, divide the states into districts which shall choose the representatives, by which
every part of a state will have an equal chance, without being liable to parties or factions?
Should it be said it will increase the expense, it will be money well laid out, and the more
so if we retain the paying them out of our own bands. And, supposing the voting in the
house of representatives was continued as heretofore by states, would it not be more equal
still? At any rate I would strenuously recommend to vote by states, and not individually, as
it will be accommodating the idea of equality, which should ever be observed in a
republican form of government. Or, thirdly, if it was in proportion to the quotas of the
states, as rated in taxation, then the number of members would increase with the proportion
of tax, and at that rate there would always be an equality in the quota of tax as well as
representation; for what chance of equality according to the constitution in question, can a
state have that has only one or two votes, when others have eight or ten, (for it is evident
that each representative, as well as senator, is meant to have a vote, as it mentions no other
mode but in choosing the president), and as it is generally allowed that the United States
are divided into two natural divisions, the northern as far as Virginia, the latter included
forms the southern? This produces a wide difference in climate, soil, customs, manners of
living, and the produce of the land, as well as trade, also in population, to which it is well
observed the latter is not so favorable as the former, and never can nor will be, nature itself
being the great obstacle. And when taxation is in agitation, as also many other points, it
must produce differences in sentiments; and, in such dispute, how is it likely to be
decided? According to the mode of voting, the number of members north of Virginia the
first three years is 42, and the southern, Virginia included, 23....
Is human nature above self interest? If the northern states do not horde the southern in
taxation, it would appear then really that they are more disinterested men than we know of.
A GEORGIAN

Anti-Federalist No. 55, Will the House of Representatives Be Genuinely Representative?

(Part I) (Federal Farmer VII)
31 December 1787.
Dear sir,
In viewing the various governments instituted by mankind, we see their whole force
reducible to two principlesthe important springs which alone move the machines, and
give them their intended influence and controul, are force and persuasion: by the former
men are compelled, by the latter they are drawn. We denominate a government despotic or
free, as the one or other principle prevails in it. Perhaps it is not possible for a government
to be so despotic, as not to operate persuasively on some of its subjects; nor is it, in the
nature of things, I conceive, for a government to be so free, or so supported by voluntary
consent, as never to want force to compel obedience to the laws. In despotic governments
one man, or a few men, independant of the people, generally make the laws, command
obedience, and inforce it by the sword: one-fourth part of the people are armed, and
obliged to endure the fatigues of soldiers, to oppress the others and keep them subject to
the laws. In free governments the people, or their representatives, make the laws; their
execution is principally the effect of voluntary consent and aid; the people respect the
magistrate, follow their private pursuits, and enjoy the fruits of their labour with very small
deductions for the public use. The body of the people must evidently prefer the latter
species of government; and it can be only those few, who may be well paid for the part
they take in enforcing despotism, that can, for a moment, prefer the former. Our true object
is to give full efficacy to one principle, to arm persuasion on every side, and to render force
as little necessary as possible. Persuasion is never dangerous not even in despotic
governments; but military force, if often applied internally, can never fail to destroy the
love and confidence, and break the spirits, of the people; and to render it totally
impracticable and unnatural for him or them who govern, and yield to this force against the
people, to hold their places by the peoples' elections.
I repeat my observation, that the plan proposed will have a doubtful operation between the
two principles; and whether it will preponderate towards persuasion or force is uncertain.
Government must existIf the persuasive principle be feeble, force is infallibly the next
resortThe moment the laws of congress shall be disregarded they must languish, and the
whole system be convulsedthat moment we must have recourse to this next resort, and
all freedom vanish.
It being impracticable for the people to assemble to make laws, they must elect legislators,
and assign men to the different departments of the government. In the representative
branch we must expect chiefly to collect the confidence of the people, and in it to find
almost entirely the force of persuasion. In forming this branch, therefore, several important
considerations must be attended to. It must possess abilities to discern the situation of the
people and of public affairs, a disposition to sympathize with the people, and a capacity
and inclination to make laws congenial to their circumstances and condition: it must afford
security against interested combinations, corruption and influence; it must possess the
confidence, and have the voluntary support of the people.
I think these positions will not be controverted, nor the one I formerly advanced, that a fair
and equal representation is that in which the interests, feelings, opinions and views of the
people are collected, in such manner as they would be were the people all assembled.
Having made these general observations, I shall proceed to consider further my principal
position, viz. that there is no substantial representation of the people provided for in a
government, in which the most essential powers, even as to the internal police of the
country, are proposed to be lodged; and to propose certain amendments as to the
representative branch: 1st, That there ought to be an increase of the numbers of
representatives: And, 2dly, That the elections of them ought to be better secured.
1. The representation is unsubstantial and ought to be increased. In matters where there is

much room for opinion, you will not expect me to establish my positions with
mathematical certainty; you must only expect my observations to be candid, and such as
are well founded in the mind of the writer. I am in a field where doctors disagree; and as to
genuine representation, though no feature in government can be more important, perhaps,
no one has been less understood, and no one that has received so imperfect a consideration
by political writers. The ephori in Sparta, and the tribunes in Rome, were but the shadow;
the representation in Great-Britain is unequal and insecure. In America we have done more
in establishing this important branch on its true principles, than, perhaps, all the world
besides: yet even here, I conceive, that very great improvements in representation may be
made. In fixing this branch, the situation of the people must be surveyed, and the number
of representatives and forms of election apportioned to that situation. When we find a
numerous people settled in a fertile and extensive country, possessing equality, and few or
none of them oppressed with riches or wants, it ought to be the anxious care of the
constitution and laws, to arrest them from national depravity, and to preserve them in their
happy condition. A virtuous people make just laws, and good laws tend to preserve
unchanged a virtuous people. A virtuous and happy people by laws uncongenial to their
characters, may easily be gradually changed into servile and depraved creatures. Where the
people, or their representatives, make the laws, it is probable they will generally be fitted to
the national character and circumstances, unless the representation be partial, and the
imperfect substitute of the people. However, the people may be electors, if the
representation be so formed as to give one or more of the natural classes of men in the
society an undue ascendency over the others, it is imperfect; the former will gradually
become masters, and the latter slaves. It is the first of all among the political balances, to
preserve in its proper station each of these classes. We talk of balances in the legislature,
and among the departments of government; we ought to carry them to the body of the
people. Since I advanced the idea of balancing the several orders of men in a community,
in forming a genuine representation, and seen that idea considered as chemerical, I have
been sensibly struck with a sentence in the marquis Beccaria's treatise: this sentence was
quoted by congress in 1774, and is as follows:"In every society there is an effort
continually tending to confer on one part the height of power and happiness, and to reduce
the others to the extreme of weakness and misery; the intent of good laws is to oppose this
effort, and to diffuse their influence universally and equally." Add to this Montesquieu's
opinion, that "in a free state every man, who is supposed to be a free agent, ought to be
concerned in his own government: therefore, the legislative should reside in the whole
body of the people, or their representatives." It is extremely clear that these writers had in
view the several orders of men in society, which we call aristocratical, democratical,
merchantile, mechanic, &c. and perceived the efforts they are constantly, from interested
and ambitious views, disposed to make to elevate themselves and oppress others. Each
order must have a share in the business of legislation actually and efficiently. It is
deceiving a people to tell them they are electors, and can chuse their legislators, if they
cannot, in the nature of things, chuse men from among themselves, and genuinely like
themselves. I wish you to take another idea along with you; we are not only to balance
these natural efforts, but we are also to guard against accidental combinations;
combinations founded in the connections of offices and private interests, both evils which
are increased in proportion as the number of men, among which the elected must be, are
decreased. To set this matter in a proper point of view, we must form some general ideas
and descriptions of the different classes of men, as they may be divided by occupations and
politically: the first class is the aristocratical. There are three kinds of aristocracy spoken of
in this countrythe first is a constitutional one, which does not exist in the United States
in our common acceptation of the word. Montesquieu, it is true, observes, that where a part
of the persons in a society, for want of property, age, or moral character, are excluded any
share in the government, the others, who alone are the constitutional electors and elected,
form this aristocracy; this according to him, exists in each of the United States, where a
considerable number of persons, as all convicted of crimes, under age, or not possessed of
certain property, are excluded any share in the government; the second is an aristocratic
faction, a junto of unprincipled men, often distinguished for their wealth or abilities, who
combine together and make their object their private interests and aggrandizement; the
existence of this description is merely accidental, but particularly to be guarded against.
The third is the natural aristocracy; this term we use to designate a respectable order of
men, the line between whom and the natural democracy is in some degree arbitrary; we
may place men on one side of this line, which others may place on the other, and in all
disputes between the few and the many, a considerable number are wavering and uncertain
themselves on which side they are, or ought to be. In my idea of our natural aristocracy in
the United States, I include about four or five thousand men; and among these I reckon
those who have been placed in the offices of governors, of members of Congress, and state
senators generally, in the principal officers of Congress, of the army and militia, the
superior judges, the most eminent professional men, &c. and men of large propertythe
other persons and orders in the community form the natural democracy; this includes in
general the yeomanry, the subordinate officers, civil and military, the fishermen,
mechanics and traders, many of the merchants and professional men. It is easy to perceive
that men of these two classes, the aristocratical, and democratical, with views equally
honest, have sentiments widely different, especially respecting public and private
expences, salaries, taxes, &c. Men of the first class associate more extensively, have a high
sense of honor, possess abilities, ambition, and general knowledge: men of the second
class are not so much used to combining great objects; they possess less ambition, and a
larger share of honesty: their dependence is principally on middling and small estates,
industrious pursuits, and hard labour, while that of the former is principally on the
emoluments of large estates, and of the chief offices of government. Not only the efforts of
these two great parties are to be balanced, but other interests and parties also, which do not
always oppress each other merely for want of power, and for fear of the consequences;
though they, in fact, mutually depend on each other; yet such are their general views, that
the merchants alone would never fail to make laws favourable to themselves and
oppressive to the farmers, &c. the farmers alone would act on like principles; the former
would tax the land, the latter the trade. The manufacturers are often disposed to contend for
monopolies, buyers make every exertion to lower prices, and sellers to raise them; men
who live by fees and salaries endeavour to raise them, and the part of the people who pay
them, endeavour to lower them; the public creditors to augment the taxes, and the people at
large to lessen them. Thus, in every period of society, and in all the transactions of men,
we see parties verifying the observation made by the Marquis; and those classes which
have not their centinels in the government, in proportion to what they have to gain or lose,
must infallibly be ruined. Efforts among parties are not merely confined to property; they
contend for rank and distinctions; all their passions in turn are enlisted in political
controversiesMen, elevated in society, are often disgusted with the changeableness of
the democracy, and the latter are often agitated with the passions of jealousy and envy: the
yeomanry possess a large share of property and strength, are nervous and firm in their
opinions and habitsthe mechanics of towns are ardent and changeable, honest and
credulous, they are inconsiderable for numbers, weight and strength, not always
sufficiently stable for the supporting free governments; the fishing interest partakes partly
of the strength and stability of the landed, and partly of the changeableness of the mechanic
interest. As to merchants and traders, they are our agents in almost all money transactions;
give activity to government, and possess a considerable share of influence in it. It has been
observed by an able writer, that frugal industrious merchants are generally advocates for
liberty. It is an observation, I believe, well founded, that the schools produce but few
advocates for republican forms of government; gentlemen of the law, divinity, physic, &c.
probably form about a fourth part of the people; yet their political influence, perhaps, is
equal to that of all the other descriptions of men; if we may judge from the appointments to
Congress, the legal characters will often, in a small representation, be the majority; but the
more the representatives are encreased, the more of the farmers, merchants, &c. will be
found to be brought into the government.
These general observations will enable you to discern what I intend by different classes,
and the general scope of my ideas, when I contend for uniting and balancing their interests,
feelings, opinions, and views in the legislature; we may not only so unite and balance these
as to prevent a change in the government by the gradual exaltation of one part to the
depression of others, but we may derive many other advantages from the combination and
full representation; a small representation can never be well informed as to the
circumstances of the people, the members of it must be too far removed from the people, in
general, to sympathize with them, and too few to communicate with them: a representation
must be extremely imperfect where the representatives are not circumstanced to make the
proper communications to their constituents, and where the constituents in turn cannot,
with tolerable convenience, make known their wants, circumstances, and opinions, to their
representatives; where there is but one representative to 30,000, or 40,000 inhabitants, it
appears to me, he can only mix, and be acquainted with a few respectable characters
among his constituents, even double the federal representation, and then there must be a
very great distance between the representatives and the people in general represented. On
the proposed plan, the state of Delaware, the city of Philadelphia, the state of Rhode Island,
the province of Main[e], the county of Suffolk in Massachusetts, will have one
representative each; there can be but little personal knowledge, or but few
communications, between him and the people at large of either of those districts. It has
been observed, that mixing only with the respectable men, he will get the best information
and ideas from them; he will also receive impressions favourable to their purposes
particularly. Many plausible shifts have been made to divert the mind from dwelling on
this defective representation, these I shall consider in another place.
Could we get over all our difficulties respecting a balance of interests and party efforts, to
raise some and oppress others, the want of sympathy, information and intercourse between
the representatives and the people, an insuperable difficulty will still remain, I mean the
constant liability of a small number of representatives to private combinations; the tyranny
of the one, or the licentiousness of the multitude, are, in my mind, but small evils,
compared with the factions of the few. It is a consideration well worth pursuing, how far
this house of representatives will be liable to be formed into private juntos, how far
influenced by expectations of appointments and offices, how far liable to be managed by
the president and senate, and how far the people will have confidence in them. To obviate
difficulties on this head, as well as objections to the representative branch, generally,
several observations have been madethese I will now examine, and if they shall appear
to be unfounded, the objections must stand unanswered.
That the people are the electors, must elect good men, and attend to the administration.
It is said that the members of Congress, at stated periods, must return home, and that they
must be subject to the laws they may make, and to a share of the burdens they may impose.
That the people possess the strong arm to overawe their rulers, and the best checks in their
national character against the abuses of power, that the supreme power will remain in
them.
That the state governments will form a part of, and a balance in the system.
That Congress will have only a few national objects to attend to, and the state governments
many and local ones.
That the new Congress will be more numerous than the present, and that any numerous
body is unwieldy and mobbish.
That the states only are represented in the present Congress, and that the people will
require a representation in the new one; that in fifty or an hundred years the representation
will be numerous.
That congress will have no temptation to do wrong; and that no system to enslave the
people is practicable.
That as long as the people are free they will preserve free governments; and that when they
shall become tired of freedom, arbitrary government must take place.
These observations I shall examine in the course of my letters; and, I think, not only shew
that they are not well founded, but point out the fallacy of some of them; and shew, that
others do not very well comport with the dignified and manly sentiments of a free and
enlightened people.


(Part II) (Federal Farmer VIII)
3 January 1788
Dear sir,
Before I proceed to examine the objections, I beg leave to add a valuable idea respecting
representation, to be collected from De Lo[l]me, and other able writers, which essentially
tends to confirm my positions: They very justly impute the establishment of general and
equal liberty in England to a balance of interests and powers among the different orders of
men; aided by a series of fortunate events, that never before, and possibly never again will
happen.
Before the Norman conquest the people of England enjoyed much of this liberty. The first
of the Norman kings, aided by foreign mercenaries and foreign attendants, obnoxious to
the English, immediately laid arbitrary taxes, and established arbitrary courts, and severely
oppress[ed] all orders of people: The barons and people, who recollected their former
liberties, were induced, by those oppressions, to unite their efforts in their common
defence: Here it became necessary for the great men, instead of deceiving and depressing
the people, to enlighten and court them; the royal power was too strongly fixed to be
annihilated, and rational means were, therefore directed to limiting it within proper bounds.
In this long and arduous task, in this new species of contests, the barons and people
succeeded, because they had been freemen, and knew the value of the object they were
contending for; because they were the people of a small islandone people who found it
practicable to meet and deliberate in one assembly, and act under one system of resolves,
and who were not obliged to meet in different provincial assemblies, as is the case in large
countries, as was the case in France, Spain, &c. where their determinations were
inconsistent with each other, and where the king could play off one assembly against
another.
It was in this united situation the people of England were for several centuries, enabled to
combine their exertions, and by compacts, as Magna Charta, a bill of rights, &c. were able
to limit, by degrees, the royal prerogatives, and establish their own liberties. The first
combination was, probably, the accidental effect of pre-existing circumstances; but there
was an admirable balance of interests in it, which has been the parent of English liberty,
and excellent regulations enjoyed since that time. The executive power having been
uniformly in the king, and he the visible head of the nation, it was chimerical for the
greatest lord or most popular leader, consistent with the state of the government, and
opinion of the people, to seriously think of becoming the king's rival, or to aim at even a
share of the executive power; the greatest subject's prospect was only in acquiring a
respectable influence in the house of commons, house of lords, or in the ministry;
circumstances at once made it the interests of the leaders of the people to stand by them.
Far otherwise was it with the ephori in Sparta, and tribunes in Rome. The leaders in
England have led the people to freedom, in almost all other countries to servitude. The
people in England have made use of deliberate exertions, their safest and most efficient
weapons. In other countries they have often acted like mobs, and been enslaved by their
enemies, or by their own leaders. In England, the people have been led uniformly, and
systematically by their representatives to secure their rights by compact, and to abolish
innovations upon the government: they successively obtained Magna Charta, the powers of
taxation, the power to propose laws, the habeas corpus act, bill of rights, & c. they, in
short, secured general and equal liberty, security to their persons and property; and, as an
everlasting security and bulwark of their liberties, they fixed the democratic branch in the
legislature, and jury trial in the execution of the laws, the freedom of the press, &c.
In Rome, and most other countries, the reverse of all this is true. In Greece, Rome, and
wherever the civil law has been adopted, torture has been admitted. In Rome the people
were subject to arbitrary confiscations, and even their lives would be arbitrarily disposed of
by consuls, tribunes, dictators, masters, &c. half of the inhabitants were slaves, and the
other half never knew what equal liberty was; yet in England the people have had king,
lords, and commons; in Rome they had consuls, senators and tribunes: why then was the
government of England so mild and favourable to the body of the people, and that of Rome
an ambitious and oppressive aristocracy? Why in England have the revolutions always
ended in stipulations in favour of general liberty, equal laws, and the common rights of the
people, and in most other countries in favour only of a few influential men? The reasons,
in my mind, are obvious: In England the people have been substantially represented in
many respects; in the other countries it has not been so. Perhaps a small degree of attention
to a few simple facts will illustrate this.In England, from the oppressions of the Norman
kings to the revolution in 1688, during which period of two or three hundred years, the
English liberties were ascertained and established, the aristocratic part of that nation was
substantially represented by a very large number of nobles, possessing similar interests and
feelings with those they represented. The body of the people, about four or five millions,
then mostly a frugal landed people, were represented by about five hundred
representatives, taken not from the order of men which formed the aristocracy, but from
the body of the people, and possessed of the same interests and feelings. De Lo[l]me,
speaking of the British representation, expressly founds all his reasons on this union; this
similitude of interests, feelings, views and circumstances. He observes, the English have
preserved their liberties, because they and their leaders or representatives have been strictly
united in interests, and in contending for general liberty. Here we see a genuine balance
founded in the actual state of things. The whole community, probably, not more than two-
fifths more numerous than we now are, were represented by seven or eight hundred men;
the barons stipulated with the common people, and the king with the whole. Had the legal
distinction between lords and commons been broken down, and the people of that island
been called upon to elect forty-five senators, and one hundred and twenty representatives,
about the proportion we propose to establish, their whole legislature evidently would have
been of the natural aristocracy, and the body of the people would not have had scarcely a
single sincere advocate; their interests would have been neglected, general and equal
liberty forgot, and the balance lost; contests and conciliations, as in most other countries,
would have been merely among the few, and as it might have been necessary to serve their

purposes, the people at large would have been flattered or threatened, and probably not a
single stipulation made in their favour.
In Rome the people were miserable, though they had three orders, the consuls, senators and
tribunes, and approved the laws, and all for want of a genuine representation. The people
were too numerous to assemble, and do any thing properly themselves; the voice of a few,
the dupes of artifice, was called the voice of the people. It is difficult for the people to
defend themselves against the arts and intrigues of the great, but by selecting a suitable
number of men fixed to their interests to represent them, and to oppose ministers and
senators. And the people's all depends on the number of the men selected, and the manner
of doing it. To be convinced of this, we need only attend to the reason of the case, the
conduct of the British commons, and of the Roman tribunes: equal liberty prevails in
England, because there was a representation of the people, in fact and reality, to establish
it; equal liberty never prevailed in Rome, because there was but the shadow of a
representation. There were consuls in Rome annually elected to execute the laws, several
hundred senators represented the great families; the body of the people annually chose
tribunes from among themselves to defend them and to secure their rights; I think the
number of tribunes annually chosen never exceeded ten. This representation, perhaps, was
not proportionally so numerous as the representation proposed in the new plan; but the
difference will not appear to be so great, when it shall be recollected, that these tribunes
were chosen annually; that the great patrician families were not admitted to these offices of
tribunes, and that the people of Italy who elected the tribunes were a long while, if not
always, a small people compared with the people of the United States. What was the
consequence of this triffling representation? The people of Rome always elected for their
tribunes men conspicuous for their riches, military commands, professional popularity, &c.
great commoners, between whom and the noble families there was only the shadowy
difference of legal distinction. Among all the tribunes the people chose for several
centuries, they had scarcely five real friends to their interests. These tribunes lived, felt and
saw, not like the people, but like the great patrician families, like senators and great
officers of state, to get into which it was evident, by their conduct, was their sole object.
These tribunes often talked about the rights and prerogatives of the people, and that was
all; for they never even attempted to establish equal liberty: so far from establishing the
rights of the people, they suffered the senate, to the exclusion of the people, to engross the
powers of taxation; those excellent and almost only real weapons of defence even the
people of England possess. The tribunes obtained that the people should be eligible to
some of the great offices of state, and marry, if they pleased, into the noble families; these
were advantages in their nature, confined to a few elevated commoners, and of triffling
importance to the people at large. Nearly the same observations may be made as to the
ephori of Sparta.
We may amuse ourselves with names; but the fact is, men will be governed by the motives
and temptations that surround their situation. Political evils to be guarded against are in the
human character, and not in the name of patrician or plebian. Had the people of Italy, in the
early period of the republic, selected yearly, or biennially, four or five hundred of their best
informed men, emphatically from among themselves, these representatives would have
formed an honest respectable assembly, capable of combining in them the views and
exertions of the people, and their respectability would have procured them honest and able
leaders, and we should have seen equal liberty established. True liberty stands in need of a
fostering hand; from the days of Adam she has found but one temple to dwell in securely;
she has laid the foundation of one, perhaps her last, in America; whether this is to be
compleated and have duration, is yet a question. Equal liberty never yet found many
advocates among the great: it is a disagreeable truth, that power perverts mens views in a
greater degree, than public employments inform their understandingsthey become
hardened in certain maxims, and more lost to fellow feelings. Men may always be too
cautious to commit alarming and glaring iniquities: but they, as well as systems, are liable
to be corrupted by slow degrees. Junius well observes, we are not only to guard against
what men will do, but even against what they may do. Men in high public offices are in
stations where they gradually lose sight of the people, and do not often think of attending
to them, except when necessary to answer private purposes.
The body of the people must have this true representative security placed some where in
the nation; and in the United States, or in any extended empire, I am fully persuaded can be
placed no where, but in the forms of a federal republic, where we can divide and place it in
several state or district legislatures, giving the people in these the means of opposing heavy
internal taxes and oppressive measures in the proper stages. A great empire contains the
amities and animosities of a world within itself. We are not like the people of England, one
people compactly settled on a small island, with a great city filled with frugal merchants,
serving as a common centre of liberty and union: we are dispersed, and it is impracticable
for any but the few to assemble in one place: the few must be watched, checked, and often
resistedtyranny has ever shewn a prediliction to be in close amity with them, or the one
man. Drive it from kings and it flies to senators, to dicemvirs, to dictators, to tribunes, to
popular leaders, to military chiefs, &c.
De Lo[l]me well observes, that in societies, laws which were to be equal to all are soon
warped to the private interests of the administrators, and made to defend the usurpations of
a few. The English, who had tasted the sweets of equal laws, were aware of this, and
though they restored their king, they carefully delegated to parliament the advocates of
freedom.
I have often lately heard it observed, that it will do very well for a people to make a
constitution, and ordain, that at stated periods they will chuse, in a certain manner, a first
magistrate, a given number of senators and representatives, and let them have all power to
do as they please. This doctrine, however it may do for a small republic, as Connecticut,
for instance, where the people may chuse so many senators and representatives to assemble
in the legislature, in an eminent degree, the interests, the views, feelings, and genuine
sentiments of the people themselves, can never be admitted in an extensive country; and
when this power is lodged in the hands of a few, not to limit the few, is but one step short
of giving absolute power to one manin a numerous representation the abuse of power is
a common injury, and has no temptationamong the few, the abuse of power may often
operate to the private emolument of those who abuse it.


(Part III) (Federal Farmer IX)
4 January 1788
Dear sir,
The advocates of the constitution say we must trust to the administration, and elect good
men for representatives. I admit, that in forming the social compact, we can fix only
general principles, and, of necessity, must trust something to the wisdom and integrity of
the administration. But the question is, do we not trust too much, and to men also placed in
the vortex of temptation, to lay hold of proffered advantages for themselves and their
connections, and to oppress the body of the people.
It is one thing to authorise a well organized legislature to make laws, under the restraints of
a well guarded constitution, and another to assemble a few men, and to tell them to do
what they please. I am not the more shaken in my principles, or disposed to despair of the
cause of liberty, because some of our able men have adopted the yielding language of non-
resistance, and writers dare insult the people with the signatures of Csar, Mark Antony,
and of other tyrants; because I see even moderate and amiable men, forced to let go of
monarchy in 1775, still in love with it, to use the simile of our countrymen, when the
political pot boils, the skum will often get uppermost and make its appearance. I believe
the people of America, when they shall fully understand any political subject brought
before them, will talk in a very different stile, and use the manly language of freedom.
But "the people must elect good men:"Examine the system, Is it practicable for them to
elect fit and proper representatives where the number is so small? "But the people may
chuse whom they please." This is an observation, I believe, made without due attention to
facts and the state of the community. To explain my meaning, I will consider the
descriptions of men commonly presented to the people as candidates for the offices of
representativeswe may rank them in three classes. 1. The men who form the natural
aristocracy, as before defined. 2. Popular demagogues: these men also are often politically
elevated, so as to be seen by the people through the extent of large districts; they often
have some abilities, without principle, and rise into notice by their noise and arts. 3. The
substantial and respectable part of the democracy; they are a numerous and valuable set of
men, who discern and judge well, but from being generally silent in public assemblies are
often overlooked; they are the most substantial and best informed men in the several
towns, who occasionally fill the middle grades of offices, &c. who hold not a splendid, but
a respectable rank in private concerns: these men are extensively diffused through all the
counties, towns, and small districts in the union; even they, and their immediate
connections, are raised above the majority of the people, and as representatives are only
brought to a level with a more numerous part of the community, the middle orders, and a
degree nearer the mass of the people. Hence it is, that the best practical representation,
even in a small state, must be several degrees more aristocratical than the body of the
people. A representation so formed as to admit but few or none of the third class, is, in my
opinion, not deserving of the nameeven in armies, courts-martial are so formed as to

admit subaltern officers into them. The true idea is, so to open and enlarge the
representation as to let in a due proportion of the third class with those of the first. Now,
my opinion is, that the representation proposed is so small, as that ordinarily very few or
none of them can be elected; and, therefore, after all the parade of words and forms, the
government must possess the soul of aristocracy, or something worse, the spirit of popular
leaders.
I observed in a former letter, that the state of Delaware, of Rhode-Island, the Province of
Main[e], and each of the great counties in Massachusetts, &c. would have one member,
and rather more than one when the representatives shall be increased to one for each
30,000 inhabitants. In some districts the people are more dispersed and unequal than in
others: In Delaware they are compact, in the Province of Main dispersed; how can the
elections in either of those districts be regulated so as that a man of the third class can be
elected?Exactly the same principles and motives, the same uncontroulable
circumstances, must govern the elections as in the choice of the governors. Call upon the
people of either of those districts to chuse a governor, and it will, probably, never happen
that they will not bestow a major part, or the greatest number, of their votes on some very
conspicuous or very popular character. A man that is known among a few thousands of
people, may be quite unknown among thirty or forty thousand. On the whole, it appears to
me to be almost a self-evident position, that when we call on thirty or forty thousand
inhabitants to unite in giving their votes for one man, it will be uniformly impracticable for
them to unite in any men, except those few who have become eminent for their civil or
military rank, or their popular legal abilities: it will be found totally impracticable for men
in the private walks of life, except in the profession of the law, to become conspicuous
enough to attract the notice of so many electors and have their suffrages.
But if I am right, it is asked why so many respectable men advocate the adoption of the
proposed system. Several reasons may be givenmany of our gentlemen are attached to
the principles of monarchy and aristocracy; they have an aversion to democratic republics.
The body of the people have acquired large powers and substantial influence by the
revolution. In the unsettled state of things, their numerous representatives, in some
instances, misused their powers, and have induced many good men suddenly to adopt ideas
unfavourable to such republics, and which ideas they will discard on reflection. Without
scrutinizing into the particulars of the proposed system, we immediately perceive that its
general tendency is to collect the powers of government, now in the body of the people in
reality, and to place them in the higher orders and fewer hands; no wonder then that all
those of and about these orders are attached to it: they feel there is something in this
system advantageous to them. On the other hand, the body of the people evidently feel
there is something wrong and disadvantageous to them; both descriptions perceive there is
something tending to bestow on the former the height of power and happiness, and to
reduce the latter to weakness, insignificance, and misery. The people evidently feel all this
though they want expressions to convey their ideas. Further, even the respectable part of
the democracy, have never yet been able to distinguish clearly where the fallacy lies; they
find there are defects in the confederation; they see a system presented, they think
something must be done, and, while their minds are in suspence, the zealous advocates
force a reluctant consent. Nothing can be a stronger evidence of the nature of this system,
than the general sense of the several orders in the community respecting its tendency; the
parts taken generally by them proves my position, that notwithstanding the parade of
words and forms, the government must possess the soul of aristocracy.
Congress, heretofore, have asked for moderate additional powers, the cry was give them
be federal: but the proper distinction between the cases that produce this disposition, and
the system proposed, has not been fairly made and seen in all its consequences. We have
seen some of our state representations too numerous, and without examining a medium we
run into the opposite extreme. It is true, the proper number of federal representatives, is
matter of opinion in some degree; but there are extremes which we immediately perceive,
and others which we clearly discover on examination. We should readily pronounce a
representative branch of 15 members small in a federal government, having complete
powers as to taxes, military matters, commerce, the coin, &c. &c. On the other hand, we
should readily pronounce a federal representation as numerous as those of the several
states, consisting of about 1500 representatives, unwieldly and totally improper. It is asked,
has not the wisdom of the convention found the medium? perhaps not: The convention was
divided on this point of numbers: at least some of its ablest members urged, that instead of
65 representatives there ought to be 130 in the first instance: They fixed one representative
for each 40,000 inhabitants, and at the close of the work, the president suggested, that the
representation appeared to be too small and without debate, it was put at, not exceeding
one for each 30,000. I mention these facts to shew, that the convention went on no fixed
data. In this extensive country it is difficult to get a representation sufficiently numerous:
Necessity, I believe, will oblige us to sacrifice in some degree the true genuine principles
of representation: But this sacrifice ought to be as little as possible: How far we ought to
increase the representation I will not pretend to say; but that we ought to increase it very
considerably, is clearto double it at least, making full allowances for the state
representations: and this we may evidently do, and approach accordingly towards safety
and perfection, without encountering any inconveniences. It is with great difficulty the
people can unite these different interests and views even tolerably, in the state senators,
who are more than twice as numerous as the federal representatives, as proposed by the
convention; even these senators are considered as so far removed from the people, that
they are not allowed immediately to hold their purse strings.
The principle objections made to the increase of the representation are, the expence and
difficulty in getting the members to attend. The first cannot be important; the last, if
founded, is against any federal government. As to the expence, I presume, the house of
representatives will not be in sessions more than four months in the year. We find by
experience, that about two-thirds of the members of representative assemblies usually
attend; therefore, of the representation proposed by the convention, about forty-five
members probably will attend, doubling their number, about 90 will probably attend: their
pay, in one case, at four dollars a day each (which is putting it high enough) will amount
to, yearly, 21,600 dollars; in the other case, 43,200 dollars difference 21,600 dollars;
reduce the state representatives from 1500 down to 1000, and thereby save the attendance
of two-thirds of the 500, say three months in a year, at one dollar and a quarter a day each
37,125 dollars. Thus we may leave the state representations sufficient large, and yet save
enough by the reduction nearly to support exceeding well the whole federal representation
I propose. Surely we never can be so unwise as to sacrifice, essentially, the all-important
principles of representation for so small a sum as 21,600 dollars a year for the United
States; a single company of soldiers would cost this sum. It is a fact that can easily be
shewn, that we expend three times this sum every year upon useless inferior offices and
very triffling concerns. It is also a fact which can be shewn, that the United States in the
late war suffered more by a faction in the federal government, than the pay of the federal
representation will amount to for twenty years.
As to the attendanceCan we be so unwise as to establish an unsafe and inadequate

representative branch, and give it as a reason, that we believe only a few members will be
induced to attend; we ought certainly to establish an adequate representative branch, and
adopt measures to induce an attendance; I believe that a due proportion of 130 or 140
members may be induced to attend: there are various reasons for the non-attendance of the
members of the present congress; it is to be presumed that these will not exist under the
new system.
To compensate for the want of a genuine representation in a government, where the purse
and sword, and all important powers, are proposed to be lodged, a variety of unimportant
things are enumerated by the advocates of it.
In the second place, it is said the members of congress must return home, and share in the
burdens they may impose; and, therefore, private motives will induce them to make mild
laws, to support liberty, and ease the burdens of the people: this brings us to a mere
question of interest under this head. I think these observations will appear, on examination,
altogether fallacious; because this individual interest, which may coincide with the rights
and interests of the people, will be far more than balanced by opposite motives and
opposite interests. If, on a fair calculation, a man will gain more by measures oppressive to
others than he will lose by them, he is interested in their adoption. It is true, that those who
govern, generally, by increasing the public burdens increase their own share of them; but
by this increase they may, and often do, increase their salaries, fees, and emoluments, in a
ten-fold proportion, by increasing salaries, forming armies and navies, and by making
officesIf it shall appear the members of congress will have these temptations before
them, the argument is on my sidethey will view the account, and be induced continually
to make efforts advantageous to themselves and connections, and oppressive to others.
We must examine factsCongress, in its present form, have but few offices to dispose of
worth the attention of the members, or of men of the aristocracy; yet, from 1774 to this
time, we find a large proportion of those offices assigned to those who were or had been
members of congress, and though the states chuse annually sixty or seventy members,
many of them have been provided for; but few men are known to congress in this extensive
country, and, probably, but few will be to the president and senate, except those who have
or shall appear as members of congress, or those whom the members may bring forward.
The states may now chuse yearly ninety-one members of congress; under the new
constitution they will have it in their power to chuse exactly the same number, perhaps
afterwards, one hundred and fifteen, but these must be chosen once in two and six years; so
that, in the course of ten years together, not more than two-thirds so many members of
congress will be elected and brought into view, as there now are under the confederation in
the same term of time: but at least there will be five, if not ten times, as many offices and
places worthy the attention of the members, under the new constitution, as there are under
the confederation: therefore, we may fairly presume, that a very great proportion of the
members of congress, especially the influential ones, instead of returning to private life,
will be provided for with lucrative offices, in the civil or military department, and not only
the members, but many of their sons, friends, and connection. These offices will be in the
constitutional disposition of the president and senate, and, corruption out of the question,
what kind of security can we expect in a representation, so many of the members of which
may rationally feel themselves candidates for these offices?let common sense decide. It
is true, that members chosen to offices must leave their seats in congress, and to some few
offices they cannot be elected till the time shall be expired for which they were elected
members; but this scarcely will effect the biass arising from the hopes and expectations of
office.
It is not only in this point of view, the members of congress, by their efforts, may make
themselves and friends powerful and happy, while the people may be oppressed: but there
is another way in which they may soon warp laws, which ought to be equal, to their own
advantages, by those imperceptible means, and on those doubtful principles which may not
alarm. No society can do without taxes; they are the efficient means of safety and defence,
and they too have often been the weapons by which the blessings of society have been
destroyed. Congress will have power to lay taxes at pleasure for the general welfare; and if
they mis-judge of the general welfare, and lay unnecessary oppressive taxes, the
constitution will provide, as I shall hereafter shew, no remedy for the people or statesthe
people must bear them, or have recourse, not to any constitutional checks or remedies, but
to that resistence which is the last resort, and founded in self-defence.
It is well stipulated, that all duties, imposts, and excises shall be equal; and that direct taxes
shall be apportioned on the several states by a fixed rule, but nothing further. Here
commences a dangerous power in matters of taxation, lodged without any regard to the
balance of interests of the different orders of men, and without any regard to the internal
policy of the states. Congress having assigned to any state its quota, say to New-Jersey,
80,000 dollars in a given tax, congress will be entirely at liberty to apportion that sum on
the counties and towns, polls, lands, houses, labour, & c. and appoint the assessors and
collectors in that state in what manner they please; there will be nothing to prevent a
system of tax laws being made, unduly to ease some descriptions of men and burden
others; though such a system may be unjust and injudicious, though we may complain, the
answer will be, congress have the power delegated by the people, and, probably, congress
has done what it thought best.
By the confederation taxes must be quotaed on the several states by fixed rules, as before
mentioned: but then each state's quota is apportioned on the several numbers and classes of
citizens in the state by the state legislature, assessed and collected by state laws. Great
pains have been taken to confound the two cases, which are as distinct as light and
darkness; this I shall endeavour to illustrate, when I come to the amendment respecting
internal taxes. I shall only observe, at present, that in the state legislatures the body of the
people will be genuinely represented, and in congress not; that the right of resisting
oppressive measures is inherent in the people, and that a constitutional barrier should be so
formed, that their genuine representatives may stop an oppressive ruinous measure in its
early progress, before it shall come to maturity, and the evils of it become in a degree
fixed.
It has lately been often observed, that the power or body of men intrusted with the national
defence and tranquility, must necessarily possess the purse unlimitedly, that the purse and
sword must go togetherthis is new doctrine in a free country, and by no means tenable.
In the British government the king is particularly intrusted with the national honor and
defence, but the commons solely hold the purse. I think I have amply shewn that the
representation in congress will be totally inadequate in matters of taxation, &c. and,
therefore, that the ultimate controul over the purse must be lodged elsewhere.
We are not to expect even honest men rigidly to adhere to the line of strict impartiality,
where the interest of themselves or friends is particularly concerned; if we do expect it, we
shall deceive ourselves, and make a wrong estimate of human nature.
But it is asked how shall we remedy the evil, so as to complete and perpetuate the temple
of equal laws and equal liberty? Perhaps we never can do it. Possibly we never may be able
to do it, in this immense country, under any one system of laws however modified;
nevertheless, at present, I think the experiment worth a making. I feel an aversion to the
disunion of the states, and to separate confederacies; the states have fought and bled in a
common cause, and great dangers too may attend these confederacies. I think the system
proposed capable of very considerable degrees of perfection, if we pursue first principles. I
do not think that De Lo[l]me, or any writer I have seen, has sufficiently pursued the proper
inquiries and efficient means for making representation and balances in government more
perfect; it is our task to do this in America. Our object is equal liberty, and equal laws
diffusing their influence among all orders of men; to obtain this we must guard against the
biass of interest and passions, against interested combinations, secret or open; we must aim
at a balance of efforts and strength.
Clear it is, by increasing the representation we lessen the prospects of each member of
congress being provided for in public offices; we proportionably lessen official influence,
and strengthen his prospects of becoming a private citizen, subject to the common burdens,
without the compensation of the emoluments of office. By increasing the representation we
make it more difficult to corrupt and influence the members; we diffuse them more
extensively among the body of the people, perfect the balance, multiply information,
strengthen the confidence of the people, and consequently support the laws on equal and
free principles. There are two other ways, I think, of obtaining in some degree the security
we want; the one is, by excluding more extensively the members from being appointed to
offices; the other is, by limiting some of their powers; but these two I shall examine
hereafter.


(Part IV) (Federal Farmer X)
7 January 1788
Dear sir,
It is said that our people have a high sense of freedom, possess power, property, and the
strong arm; meaning, I presume, that the body of the people can take care of themselves,
and awe their rulers; and, therefore, particular provision in the constitution for their
security may not be essential. When I come to examine these observations, they appear to
me too triffling and loose to deserve a serious answer.
To palliate for the smallness of the representation, it is observed, that the state
governments in which the people are fully represented, necessarily form a part of the
system. This idea ought to be fully examined. We ought to enquire if the convention have
made the proper use of these essential parts; the state governments then we are told will
stand between the arbitrary exercise of power and the people: true they may, but armless
and helpless, perhaps, with the privilege of making a noise when hurtthis is no more
than individuals may do. Does the constitution provide a single check for a single measure,
by which the state governments can constitutionally and regularly check the arbitrary
measures of congress? Congress may raise immediately fifty thousand men, and twenty
millions of dollars in taxes, build a navy, model the militia, &c. and all this
constitutionally. Congress may arm on every point, and the state governments can do no
more than an individual, by petition to congress, suggest their measures are alarming and
not right.
I conceive the position to be undeniable, that the federal government will be principally in
the hands of the natural aristocracy, and the state governments principally in the hands of
the democracy, the representatives of the body of the people. These representatives in
Great-Britain hold the purse, and have a negative upon all laws. We must yield to
circumstances, and depart something from this plan, and strike out a new medium, so as to
give efficacy to the whole system, supply the wants of the union, and leave the several
states, or the people assembled in the state legislatures, the means of defence.
It has been often mentioned, that the objects of congress will be few and national, and
require a small representation; that the objects of each state will be many and local, and
require a numerous representation. This circumstance has not the weight of a feather in my
mind. It is certainly unadvisable to lodge in 65 representatives, and 26 senators, unlimited
power to establish systems of taxation, armies, navies, model the militia, and to do every
thing that may essentially tend soon to change, totally, the affairs of the community; and to
assemble 1500 state representatives, and 160 senators, to make fence laws, and laws to
regulate the descent and conveyance of property, the administration of justice between man
and man, to appoint militia officers,& c.

It is not merely the quantity of information I contend for. Two taxing powers may be
inconvenient; but the point is, congress, like the senate of Rome, will have taxing powers,
and the people no checkwhen the power is abused, the people may complain and grow
angry, so may the state governments; they may remonstrate and counteract, by passing
laws to prohibit the collection of congressional taxes; but these will be acts of the people,
acts of sovereign power, the dernier resort unknown to the constitution; acts operating in
terrorum, acts of resistence, and not the exercise of any constitutional power to stop or
check a measure before matured: a check properly is the stopping, by one branch in the
same legislature, a measure proposed by the other in it. In fact the constitution provides for
the states no check, properly speaking, upon the measures of congressCongress can
immediately enlist soldiers, and apply to the pockets of the people.
These few considerations bring us to the very strong distinction between the plan that
operates on federal principles, and the plan that operates on consolidated principles. A plan
may be federal or not as to its organization; each state may retain its vote or not; the
sovereignty of the state may be represented, or the people of it. A plan may be federal or
not as to its operationsfederal when it requires men and monies of the states, and the
states as such make the laws for raising the men and moniesNot federal, when it leaves
the states governments out of the question, and operates immediately upon the persons and
property of the citizens. The first is the case with the confederation, the second with the
new plan: in the first the state governments may be [a] check, in the last none at all. This
distinction I shall pursue further hereafter, under the head before mentioned, of
amendments as to internal taxes. And here I shall pursue a species of checks which writers
have not often noticed.
To excuse the smallness of the representation, it is said the new congress will be more
numerous than the old one. This is not true; and for the facts I refer you to my letter of the
4th instant, to the plan and confederation; besides there is no kind of similitude between
the two plans. The confederation is a mere league of the states, and congress is formed
with the particular checks, and possess the united powers, enumerated in my letter of the
25th ult. The new plan is totally a different thing: a national government to many purposes
administered, by men chosen for two, four, and six years, not recallable, and among whom
there will be no rotation; operating immediately in all money and military matters, &c. on
the persons and property of the citizensI think, therefore, that no part of the
confederation ought to be adduced for supporting or injuring the new constitution. It is also
said that the constitution gives no more power to congress than the confederation,
respecting money and military matters; that congress, under the confederation, may require
men and monies to any amount, and the states are bound to comply. This is generally true;
but, I think, I shall in a subsequent letter satisfactorily prove, that the states have well
founded checks for securing their liberties.
I admit the force of the observation, that all the federal powers, by the confederation, are
lodged in a single assembly; however, I think much more may be said in defence of the
leading principles of the confederation. I do not object to the qualifications of the electors
of representatives, and I fully agree that the people ought to elect one branch.

Further, it may be observed, that the present congress is principally an executive body,
which ought not to be numerous; that the house of representatives will be a mere
legislative branch, and being the democratic one, ought to be numerous. It is one of the
greatest advantages of a government of different branches, that each branch may be
conveniently made conformable to the nature of the business assigned it, and all be made
conformable to the condition of the several orders of the people. After all the possible
checks and limitations we can devise, the powers of the union must be very extensive; the
sovereignty of the nation cannot produce the object in view, the defence and tranquility of
the whole, without such powers, executive and judicial. I dislike the present congress a
single, assembly, because it is impossible to fit it to receive those powers: the executive
and judicial powers, in the nature of things, ought to be lodged in a few hands, the
legislature in many hands; therefore, want of safety, and unavoidable hasty measures, out
of the question, they never can all be lodged in one assembly properlyit, in its very
formation, must imply a contradiction.
In objection to increasing the representation, it has also been observed, that it is difficult to
assemble a hundred men or more without making them tumultuous and a mere mob;
reason and experience do not support this observation. The most respectable assemblies we
have any knowledge of and the wisest, have been those, each of which consisted of several
hundred members; as the senate of Rome, of Carthage, of Venice, the British Parliament,
&c. & c. I think I may without hazarding much, affirm, that our more numerous state
assemblies and conventions have universally discovered more wisdom, and as much order,
as the less numerous ones: There must be also a very great difference between the
characters of two or three hundred men assembled from a single state, and the characters of
the number or half the number assembled from all the united states.
It is added, that on the proposed plan the house of representatives in fifty or a hundred
years, will consist of several hundred members: The plan will begin with sixty-five, and
we have no certainty that the number ever will be encreased, for this plain reasonthat all
that combination of interests and influence which has produced this plan, and supported so
far, will constantly oppose the increase of the representation, knowing that thereby the
government will become more free and democratic: But admitting, after a few years, there
will be a member for each 30,000 inhabitants, the observation is trifling, the government is
in a considerable measure to take its tone from its early movements, and by means of a
small representation it may in half of 50 or 100 years, get moved from its basis, or at least
so far as to be incapable of ever being recovered. We ought, therefore, on every principle
now to fix the government on proper principles, and fit to our present conditionwhen the
representation shall become too numerous, alter it; or we may now make provision, that
when the representation shall be increased to a given number, that then there shall be one
for each given number of inhabitants, &c.
Another observation is, that congress will have no temptations to do wrongthe men that
make it must be very uninformed, or suppose they are talking to children. In the first place,
the members will be governed by all those motives which govern the conduct of men, and
have before them all the allurements of offices and temptations, to establish unequal
burdens, before described. In the second place, they and their friends, probably, will find it
for their interests to keep up large armies, navies, salaries, &c. and in laying adequate
taxes. In the third place, we have no good grounds to presume, from reason or experience,
that it will be agreeable to their characters or views, that the body of the people should
continue to have power effectually to interfere in the affairs of government. But it is
confidently added, that congress will not have it in their power to oppress or enslave the
people, that the people will not bear it. It is not supposed that congress will act the tyrant
immediately, and in the face of day light. It is not supposed congress will adopt important
measures, without plausible pretences, especially those which may tend to alarm or
produce opposition. We are to consider the natural progress of things: that men unfriendly
to republican equality will go systematically to work, gradually to exclude the body of the
people from any share in the government, first of the substance, and then of the forms. The
men who will have these views will not be without their agents and supporters. When we
reflect, that a few years ago we established democratic republics, and fixed the state
governments as the barriers between congress and the pockets of the people; what great
progress has been made in less than seven years to break down those barriers, and
essentially to change the principles of our governments, even by the armless few: is it
chimerical to suppose that in fifteen or twenty years to come, that much more can be
performed, especially after the adoption of the constitution, when the few will be so much
better armed with power and influence, to continue the struggle? probably, they will be
wise enough never to alarm, but gradually prepare the minds of the people for one specious
change after another, till the final object shall be obtained. Say the advocates, these are
only possibilitiesthey are probabilities, a wise people ought to guard against; and the
address made use of to keep the evils out of sight, and the means to prevent them, confirm
my opinion.
But to obviate all objections to the proposed plan in the last resort: it is said our people will
be free, so long as they possess the habits of freemen, and when they lose them, they must
receive some other forms of government. To this I shall only observe, that this is very
humiliating language, and can, I trust, never suit a manly people, who have contended
nobly for liberty, and declared to the world they will be free.
I have dwelt much longer than I expected upon the increasing the representation, the
democratic interest in the federal system; but I hope the importance of the subject will
justify my dwelling upon it. I have pursued it in a manner new, and I have found it
necessary to be somewhat prolix, to illustrate the point I had in view. My idea has ever
been, when the democratic branch is weak and small, the body of the people have no
defence, and every thing to fear; if they expect to find genuine political friends in kings
and nobles, in great and powerful men, they deceive themselves. On the other hand, fix a
genuine democratic branch in the government, solely to hold the purse, and with the power
of impeachment, and to propose and negative laws, cautiously limit the king and nobles, or
the executive and the senate, as the case may be, and the people, I conceive, have but little
to fear, and their liberties will be always secure.
I think we are now arrived to a new aera in the affairs of men, when the true principles of
government will be more fully unfolded than heretofore, and a new world, as it were, grow
up in America. In contemplating representation, the next thing is the security of elections.
Before I proceed to this, I beg leave to observe, that the pay of the representatives of the
people is essentially connected with their interests.
Congress may put the pay of the members unreasonably high, or so low as that none but
the rich and opulent can attend; there are very strong reasons for supposing the latter,
probably, will be the case, and a part of the same policy, which uniformly and constantly
exerts itself to transfer power from the many to the few. Should the pay be well fixed, and
made alterable by congress, with the consent of a majority of the state legislatures,
perhaps, all the evils to be feared on this head might, in the best practicable manner, be
guarded against, and proper security introduced. It is said the state legislatures fix their
own paythe answer is, that congress is not, nor can it ever be well formed on those equal
principles the state legislatures are. I shall not dwell on this point, but conclude this letter
with one general observation, that the check[s] I contend for in the system proposed, do
not, in the least, any of them tend to lessen the energy of it; but giving grounds for the
confidence of the people, greatly to increase its real energy, by insuring their constant and
hearty support.

Anti-Federalist No. 59, The Danger of Congressional Control of Elections
by Vox Populi
Alexander Hamilton, in Federalist No. 59, addresses this same topic from an opposing
viewpoint. This essay was written anonymously by "VOX POPULI," and appeared in The
Massachusetts Gazette on October 30, 1787.
. . I beg leave to lay before the candid public the first clause in the fourth section of the first
article of the proposed Constitution:
"The times, places and manner of holding elections, for senators and representatives, shall
be prescribed in each state by the legislature thereof; but the Congress may, at any time, by
law, make or alter such regulations except as to the places of choosing senators."
By this clause, the time, place and manner of choosing representatives is wholly at the
disposal of Congress.
Why the Convention who formed the proposed Constitution wished to invest Congress
with such a power, I am by no means capable of saying; or why the good people of this
commonwealth [Massachusetts] should delegate such a power to them, is no less hard to
determine. But as the subject is open for discussion, I shall make a little free inquiry into
the matter.
And, first. What national advantage is there to be acquired by giving them such a power?
The only advantage which I have heard proposed by it is, to prevent a partial representation
of the several states in Congress; "for if the time, manner and place were left wholly in the
hands of the state legislatures, it is probable they would not make provision by appointing
time, manner and place for an election; in which case there could be no election, and
consequently the federal government weakened."
But this provision is by no means sufficient to prevent an evil of that nature. For will any
reasonable man supposethat when the legislature of any state, who are annually chosen,
are so corrupt as to break thro' that government which they have formed, and refuse to
appoint time, place and manner of choosing representativesI say, can any person
suppose, that a state so corrupt would not be full as likely to neglect, or even refuse, to
choose representatives at the time and place and in the manner prescribed by Congress?
Surely they would. So it could answer no good national purpose on that account; and I
have not heard any other national advantage proposed thereby.
We will now proceed, in the next place, to consider why the people of this commonwealth
should vest Congress with such a power.

No one proposes that it would be any advantage to the people of this state. Therefore, it
must be considered as a matter of indifference, except there is an opportunity for its
operating to their disadvantagein which case, I conceive it ought to be disapprobated.
Whether there is danger of its operating to the good people's disadvantage, shall now be
the subject of our inquiry.
Supposing Congress should direct, that the representatives of this commonwealth should
be chosen all in one town, (Boston, for instance) on the first day of Marchwould not that
be a very injurious institution to the good people of this commonwealth? Would not there
be at least nine-tenths of the landed interest of this commonwealth entirely unrepresented?
Surely one may reasonably imagine there would. What, then, would be the case if
Congress should think proper to direct, that the elections should be held at the north-west,
south-west, or north-east part of the state, the last day of March? How many electors would
there attend the business? And it is a little remarkable, that any gentleman should suppose,
that Congress could possibly be in any measure as good judges of the time, place and
manner of elections as the legislatures of the several respective states.
These as objections I could wish to see obviated. And I could wish the public inquiry
might extend to a consideration, whether or not it would not be more conducive, to prevent
a partial representation, to invest Congress with power to levy such a fine as they might
think proper on states not choosing representatives, than by giving them this power of
appointing time, manner and place.
It is objected by some, that Congress could not levy, or at least, could not collect, such a
fine of a delinquent state. If that is the case, Congress could not collect any tax they might
think proper to levy, nor execute any order whatever; but at any time any state might break
through the national compact, dissolve the federal constitution, and set the whole structure
afloat on the ocean of chaos.
It is, therefore, proposed to the public to consider, whether the said clause in the fourth
section of the first article can answer the only purposes for which it is said to have been
provided, or any other which will prove any advantage either to the nation or state.

Anti-Federalist No. 60, Will the Constitution Promote the Interests of Favorite Classes?
by John F. Mercer
John F. Mercer of Maryland was the author of this essay, taken from his testimony to
members of the ratifying conventions of New York and Virginia, 1788, (From the Etting
Collection of the Historical Society of Pennsylvania.)
We have not that permanent and fixed distinction of ranks or orders of men among us,
which unalterably separating the interests and views, produces that division in pursuits
which is the great security of the mixed Government we separated from and which we now
seem so anxiously to copy. If the new Senate of the United States will be really opposite in
their pursuits and views from the Representatives, have they not a most dangerous power
of interesting foreign nations by Treaty [to] support Their views?for instance, the
relinquishment of the navigation of [the] Mississippiand yet where Treaties are
expressly declared paramount to the Constitutions of the several States, and being the
supreme law, [the Senate] must of course control the national legislature, if not supersede
the Constitution of the United States itself. The check of the President over a Body, with
which he must act in concertor his influence and power be almost annihilatedcan
prove no great constitutional security. And even the Representative body itself are not
sufficiently numerous to secure them from corruption. For all governments tend to
corruption, in proportion as power concentrating in the hands of the few, tenders them
objects of corruption to Foreign Nations and among themselves.
For these and many other reasons we are for preserving the rights of the State
governments, where they must not be necessarily relinquished for the welfare of the Union.
And, where so relinquished, the line should be definitely drawn. If under the proposed
Constitution the States exercise any power, it would seem to be at the mercy of the General
Government. For it is remarkable that the clause securing to them those rights not
expressly relinquished in the old Confederation, is left out in the new Constitution. And we
conceive that there is no power which Congress may think necessary to exercise for the
general welfare, which they may not assume under this Constitution. And this Constitution,
and the laws made under it, are declared paramount even to the unalienable rights which
have heretofore been secured to the citizens of these States by their constitutional
compacts.
Moreover those very powers, which are to be expressly vested in the new Congress, are of
a nature most liable to abuse. They are those which tempt the avarice and ambition of men
to a violation of the rights of their fellow citizens, and they will be screened under the
sanction of an undefined and unlimited authority. Against the abuse and improper exercise
of these special powers, the people have a right to be secured by a sacred Declaration,
defining the rights of the individual, and limiting by them the extent of the exercise. The
people were secured against the abuse of those powers by fundamental laws and a Bill of
Rights, under the government of Britain and under their own Constitution. That
government which permits the abuse of power, recommends it, and will deservedly

experience the tyranny which it authorizes; for the history of mankind establishes the truth
of this political adagethat in government what may be done will be done.
The most blind admirer of this Constitution must in his heart confess that it is as far
inferior to the British Constitution, of which it is an imperfect imitation, as darkness is to
light. In the British Constitution the rights of men, the primary object of the social
compact, are fixed on an immoveable foundation and clearly defined and ascertained by
their Magna Charta, their Petition of Rights, their Bill of Rights, and their effective
administration by ostensible Ministers secures responsibility. In this new Constitution a
complicated system sets responsibility at defiance and the rights of men neglected and
undefined are left at the mercy of events. We vainly plume ourselves on the safeguard
alone of representation, forgetting that it will be a representation on principles inconsistent
with true and just representation; that it is but a delusive shadow of representation,
proffering in theory what can never be fairly reduced to practice. And, after all,
government by representation (unless confirmed in its views and conduct by the constant
inspection, immediate superintendence, and frequent interference and control of the people
themselves on one side, or an hereditary nobility on the other, both of which orders have
fixed and permanent views) is really only as one of perpetual rapine and confusion. Even
with the best checks it has failed in all the governments of Europe, of which it was once
the basis, except that of England.
When we turn our eyes back to the zones of blood and desolation which we have waded
through to separate from Great Britain, we behold with manly indignation that our blood
and treasure have been wasted to establish a government in which the interest of the few is
preferred to the rights of the many. When we see a government so every way inferior to
that we were born under, proposed as the reward of our sufferings in an eight years
calamitous war, our astonishment is only equaled by our resentment. On the conduct of
Virginia and New York, two important States, the preservation of liberty in a great
measure depends. The chief security of a Confederacy of Republics was boldly
disregarded, and the Confederation violated, by requiring 9 instead of 13 voices to alter the
Constitution. But still the resistance of either of these States in the present temper of
America (for the late conduct of the party here [Maryland] must open the eyes of the
people in Massachusetts with respect to the fate of their amendment) will secure all that we
mean to contend forthe natural and unalienable rights of men in a constitutional manner.
At the distant appearance of danger to these, we took up arms in the late Revolution. And
may we never have cause to look back with regret on that period when connected with the
Empire of Great Britain, we were happy, secure and free.

Anti-Federalist No. 61, Questions and Comments on the Constitutional Provisions

Regarding the Election of Congressmen (Federal Farmer XII)
12 January 1788
Dear sir,
On carefully examining the parts of the proposed system, respecting the elections of
senators, and especially of the representatives, they appear to me to be both ambiguous and
very defective. I shall endeavour to pursue a course of reasoning, which shall fairly lead to
establishing the impartiality and security of elections, and then to point out an amendment
in this respect.
It is well observed by Montesquieu, that in republican governments, the forms of elections

are fundamental; and that it is an essential part of the social compact, to ascertain by
whom, to whom, when, and in what manner suffrages are to be given.
Wherever we find the regulation of elections have not been carefully fixed by the
constitution, or the principles of them, we constantly see the legislatures new modifying its
own form, and changing the spirit of the government to answer partial purposes.
By the proposed plan it is fixed, that the qualifications of the electors of the federal
representatives shall be the same as those of the electors of state representatives; though
these vary some in the several states the electors are fixed and designated.
The qualifications of the representatives are also fixed and designated, and no person under
25 years of age, not an inhabitant of the state, and not having been seven years a citizen of
the United States, can be elected; the clear inference is, that all persons 25 years of age,
and upwards, inhabitants of the state, and having been, at any period or periods, seven
years citizens of the United States, may be elected representatives. They have a right to be
elected by the constitution, and the electors have a right to chuse them. This is fixing the
federal representation, as to the elected, on a very broad basis: it can be no objection to the
elected, that they are Christians, Pagans, Mahometans, or Jews; that they are of any colour,
rich or poor, convict or not: Hence many men may be elected, who cannot be electors.
Gentlemen who have commented so largely upon the wisdom of the constitution, for
excluding from being elected young men under a certain age, would have done well to
have recollected, that it positively makes pagans, convicts, &c. eligible. The people make
the constitution; they exclude a few persons, by certain descriptions, from being elected,
and all not thus excluded are clearly admitted. Now a man 25 years old, an inhabitant of
the state, and having been a citizen of the the states seven years, though afterwards
convicted, may be elected, because not within any of the excluding clauses, the same of a
beggar, an absentee, &c.

The right of the electors, and eligibility of the elected being fixed by the people, they
cannot be narrowed by the state legislatures, or congress: it is established, that a man being
(among other qualifications) an inhabitant of the state, shall be eligible. Now it would be
narrowing the right of the people to confine them in their choice to a man, an inhabitant of
a particular county or district in the state. Hence it follows, that neither the state
legislatures or congress can establish district elections; that is, divide the state into districts,
and confine the electors of each district to the choice of a man resident in it. If the electors
could be thus limited in one respect, they might in another be confined to chuse a man of a
particular religion, of certain property, &c. and thereby half of the persons made eligible
by the constitution be excluded. All laws, therefore, for regulating elections must be made
on the broad basis of the constitution.
Next, we may observe, that representatives are to be chosen by the people of the state.
What is a choice by the people of the state? If each given district in it choose one, will that
be a choice within the meaning of the constitution? Must the choice be by plurality of
votes, or a majority? In connection with these questions, we must take the 4th sect. art. 1.
where it is said the state legislatures shall prescribe the times, places, and manner of
holding elections; but congress may make or alter such regulations. By this clause, I
suppose, the electors of different towns and districts in the state may be assembled in
different places, to give their votes; but when so assembled, by another clause they cannot,
by congress or the state legislatures, be restrained from giving their votes for any man an
inhabitant of the state, and qualified as to age, and having been a citizen the time required.
But I see nothing in the constitution by which to decide, whether the choice shall be by a
plurality or a majority of votes: this, in my mind, is by far the most important question in
the business of elections. When we say a representative shall be chosen by the people, it
seems to imply that he shall be chosen by a majority of them; but states which use the
same phraseology in this respect, practice both ways. I believe a majority of the states,
chuse by pluralities, and, I think it probable, that the federal house of representatives will
decide that a choice of its members by pluralities is constitutional. A man who has the
most votes is chosen in Great-Britain. It is this, among other things, that gives every man
fair play in the game of influence and corruption. I believe that not much stress was laid
upon the objection that congress may assemble the electors at some out of the way place.
However, the advocates seem to think they obtain a victory of no small glory and
importance, when they can shew, with some degree of colour, that the evils is rather a
possibility than a probability.
When I observed that the elections were not secured on proper principles, I had an idea of
far more probable and extensive evils, secret mischiefs, and not so glaring transgressions,
the exclusions of proper district elections, and of the choice by a majority.
It is easy to perceive that there is an essential difference between elections by pluralities

and by majorities, between choosing a man in a small or limited district, and choosing a
number of men promiscuously by the people of a large state; and while we are almost
secure of judicious unbiassed elections by majorities in such districts, we have no security
against deceptions, influence and corruption in states or large districts in electing by
pluralities. When a choice is made by a plurality of votes, it is often made by a very small
part of the electors, who attend and give their votes, when by a majority, never by so few
as one half of them. The partialities and improprieties attending the former mode may be
illustrated by a case that lately happened in one of the middle states.Several
representatives were to be chosen by a large number of inhabitants compactly settled,
among whom there were four or five thousand voters. Previous to the time of election a
number of lists of candidates were published, to divide and distract the voters in general
about half a dozen men of some influence, who had a favourite list to carry, met several
times, fixed their list, and agreed to hand it about among all who could probably be
induced to adopt it, and to circulate the other lists among their opponents, to divide them.
The poll was opened, and several hundred electors, suspecting nothing, attended and put in
their votes; the list of the half dozen was carried, and men were found to be chosen, some
of whom were very disagreeable to a large majority of the electors: though several hundred
electors voted, men on that list were chosen who had only 45, 43, 44, &c. votes each; they
had a plurality, that is, more than any other persons: the votes generally were scattered, and
those who made even a feeble combination succeeded in placing highest upon the list
several very unthought of and very unpopular men. This evil never could have happened in
a town where all the voters meet in one place, and consider no man as elected unless he
have a majority, or more than half of all the votes; clear it is, that the men on whom thus
but a small part of the votes are bestowed, cannot possess the confidence of the people, or
have any considerable degree of influence over them.
But as partial, as liable to secret influence, and corruption as the choice by pluralities may
be, I think, we cannot avoid it, without essentially increasing the federal representation,
and adopting the principles of district elections. There is but one case in which the choice
by the majority is practicable, and that is, where districts are formed of such moderate
extent that the electors in each can conveniently meet in one place, and at one time, and
proceed to the choice of a representative; when, if no man have a majority, or more than
half of all the votes the first time, the voters may examine the characters of those brought
forward, accommodate, and proceed to repeat their votes till some one shall have that
majority. This, I believe, cannot be a case under the constitution proposed in its present
form. To explain my ideas, take Massachusetts, for instance, she is entitled to eight
representatives, she has 370,000 inhabitants, about 46,000 to one representative; if the
elections be so held that the electors throughout the state meet in their several towns or
places, and each elector puts in his vote for eight representatives, the votes of the electors
will ninety-nine times in a hundred, be so scattered that on collecting the votes from the
several towns or places, no men will be found, each of whom have a majority of the votes,
and therefore the election will not be made. On the other hand, there may be such a
combination of votes, that in thus attempting to chuse eight representatives, the electors
may chuse even fifteen. Suppose 10,000 voters to attend and give their votes, each voter
will give eight votes, one for each of eight representatives; in the whole 80,000 votes will
be giveneight men, each having 5001 votes, in the whole 40,008 will have each a
majority, and be chosen39,092 votes will be bestowed on other men, and if they all be
bestowed on seven men, they may have each a considerable majority, and also be chosen.
This indeed is a very rare combination; but the bestowing all the votes pretty equally upon
nine, ten, or eleven men, and chusing them all, is an event too probable not to be guarded
against.

If Massachusetts be divided into eight districts, each having about 46,000 inhabitants, and
each district directed to chuse one representative, it will be found totally impracticable for
the electors of it to meet in one place; and, when they meet in several towns and places in
the district, they will vote for different men, and nineteen times in twenty, so scatter their
votes, that no one man will have a majority of the whole and be chosen: we must,
therefore, take the man who has the most votes, whether he has three quarters, one quarter,
or one tenth part of the whole; the inconveniencies of scattering votes will be increased, as
men not of the district, as well as those that are in it, may be voted for.
I might add many other observations to evince the superiority and solid advantages of
proper district elections, and a choice by a majority, and to prove, that many evils attend
the contrary practice: these evils we must encounter as the constitution now stands.
I see no way to fix elections on a proper footing, and to render tolerably equal and secure
the federal representation, but by increasing the representation, so as to have one
representative for each district in which the electors may conveniently meet in one place,
and at one time, and chuse by a majority. Perhaps this might be effected pretty generally,
by fixing one representative for each twelve thousand inhabitants; dividing, or fixing the
principles for dividing the states into proper districts; and directing the electors of each
district to the choice, by a majority, of some men having a permanent interest and
residence in it. I speak of a representation tolerably equal, &c. because I am still of
opinion, that it is impracticable in this extensive country to have a federal representation
sufficiently democratic, or substantially drawn from the body of the people: the principles
just mentioned may be the best practical ones we can expect to establish. By thus
increasing the representation, we not only make it more democratical and secure,
strengthen the confidence of the people in it, and thereby render it more nervous and
energetic; but it will also enable the people essentially to change, for the better, the
principles and forms of elections. To provide for the people's wandering throughout the
state for a representative, may sometimes enable them to elect a more brilliant or an abler
man, than by confining them to districts, but generally this latitude will be used to
pernicious purposes, especially connected with the choice by plurality; when a man in the
remote part of the state, perhaps, obnoxious at home, but ambitious and intriguing, may be
chosen to represent the people in another part of the state far distant, and by a small part of
them, or by a faction, or by a combination of some particular description of men among
them. This has been long the case in Great-Britain, it is the case in several of the states, nor
do I think that such pernicious practices will be merely possible in our federal concerns,
but highly probable. By establishing district elections, we exclude none of the best men
from being elected; and we fix what, in my mind, is of far more importance than brilliant
talents, I mean a sameness, as to residence and interests, between the representative and his
constituents; and by the election by a majority, he is sure to be the man, the choice of more
than half of them.
Though it is impossible to put elections on a proper footing as the constitution stands, yet I
think regulations respecting them may be introduced of considerable service: it is not only,
therefore, important to enquire how they may be made, but also what body has the
controuling power over them. An intelligent, free and unbiassed choice of representatives
by the people is of the last importance: we must then carefully guard against all
combinations, secret arts, and influence to the contrary. Various expedients have been
adopted in different countries and states to effect genuine elections; as the constitution now
stands, I confess, I do not discover any better than those adopted in Connecticut, in the
choice of counsellers, before mentioned.
The federal representatives are to be chosen every second year (an odd mode of
expression). In all the states, except South-Carolina, the people, the same electors, meet
twice in that time to elect state representatives. For instance, let the electors in
Massachusetts, when they meet to chuse state representatives, put in their votes for eight
federal representatives, the number that state may chuse, (merely for distinction sake, we
may call these the votes of nomination), and return a list of the men voted for, in the
several towns and places, to the legislature, or some proper body; let this list be
immediately examined and published, and some proper number, say 15 or 20, who shall
have the most votes upon the list, be sent out to the people; and when the electors shall
meet the next year to chuse state representatives, let them put in their votes for the eight
federal representatives, confining their votes to the proper number so sent out; and let the
eight highest of those thus voted for in the two votes (which we may call, by way of
distinction, votes of election), be the federal representatives: thus a choice may be made by
the people, once in two years, without much trouble and expence, and, I believe, with some
degree of security. As soon as the votes of nomination shall be collected and made known,
the people will know who are voted for, and who are candidates for their votes the
succeeding year; the electors will have near a year to enquire into their characters and
politics, and also into any undue means, if any were taken, to bring any of them forward;
and such as they find to be the best men, and agreeable to the people, they may vote for in
giving the votes of election. By these means the men chosen will ultimately always have a
majority, or near a majority, of the votes of the electors, who shall attend and give their
votes. The mode itself will lead to the discovery of truth and of political characters, and to
prevent private combinations, by rendering them in a great measure of no effect. As the
choice is to be made by the people, all combinations and checks must be confined to their
votes. No supplying the want of a majority by the legislatures, as in Massachusetts in the
choice of senators, &c. can be admitted: the people generally judge right when informed,
and, in giving their votes the second time, they may always correct their former errors.
I think we are all sufficiently acquainted with the progress of elections to see, that the
regulations, as to times, places, and the manner merely of holding elections, may, under the
constitution, easily be made useful or injurious. It is important then to enquire, who has the
power to make regulations, and who ought to have it. By the constitution, the state
legislatures shall prescribe the times, places, and manner of holding elections, but congress
may make or alter such regulations. Power in congress merely to alter those regulations,
made by the states, could answer no valuable purposes; the states might make, and
congress alter them ad infinitum: and when the state should cease to make, or should
annihilate its regulations, congress would have nothing to alter. But the states shall make
regulations, and congress may make such regulations as the clause stands: the true
construction is, that when congress shall see fit to regulate the times, places, and manner of
holding elections, congress may do it, and state regulations, on this head, must cease: for if
state regulations could exist, after congress should make a system of regulations, there
would, or might, be two incompatible systems of regulations relative to the same subject.
It has been often urged, that congress ought to have power to make these regulations,
otherwise the state legislatures, by neglecting to make provision for elections, or by
making improper regulations, may destroy the general government. It is very improbable
that any state legislature will adopt measures to destroy the representation of its own
constituents in congress, especially when the state must, represented in congress or not,
pay its proportion of the expence of keeping up the government, and even of the
representatives of the other states, and be subject to their laws. Should the state legislatures
be disposed to be negligent, or to combine to break up congress, they have a very simple
way to do it, as the constitution now stands they have only to neglect to chuse senators,
or to appoint the electors of the president, and vice-president: there is no remedy provided
against these last evils: nor is it to be presumed, that if a sufficient number of state
legislatures to break up congress, should, by neglect or otherwise, attempt to do it, that the
people, who yearly elect those legislatures, would elect under the regulations of congress.
These and many other reasons must evince, that it was not merely to prevent an
annihilation of the federal government that congress has power to regulate elections.
It has been urged also, that the state legislatures chuse the federal senators, one branch, and
may injure the people, who chuse the other, by improper regulations; that therefore
congress, in which the people will immediately have one, the representative branch, ought
to have power to interfere in behalf of the people, and rectify such improper regulations.
The advocates have said much about the opponents dwelling upon possibilities: but to
suppose the people will find it necessary to appeal to congress to restrain the oppressions
of the state legislatures, is supposing a possibility indeed. Can any man in his senses
suppose that the state legislatures, which are so numerous as almost to be the people
themselves, all branches of them depending yearly, for the most part, on the elections of
the people, will abuse them in regulating federal elections, and make it proper to transfer
the power to congress, a body, one branch of which is chosen once in six years by these
very legislatures, and the other biennially, and not half so numerous as even the senatorial
branches in those legislatures?
Senators are to be chosen by the state legislatures, where there are two branches the
appointment must be, I presume, by a concurrent resolution, in passing which, as in
passing all other legislative acts, each branch will have a negative; this will give the
senatorial branch just as much weight in the appointment as the democratic: the two
branches form a legislature only when acting separately, and therefore, whenever the
members of the two branches meet, mix and vote individually in one room, for making an
election, it is expressly so directed by the constitutions. If the constitution, by fixing the
choice to be made by the legislatures, has given each branch an equal vote, as I think it has,
it cannot be altered by any regulations.
On the whole, I think, all general principles respecting electors ought to be carefully
established by the constitution, as the qualifications of the electors and of elected: the
number of the representatives, and the inhabitants of each given district, called on to chuse
a man from among themselves by a majority of votes; leaving it to the legislature only so
to regulate, from time to time, the extent of the districts so as to keep the representatives
proportionate to the number of inhabitants in the several parts of the country; and so far as
regulations as to elections cannot be fixed by the constitution, they ought to be left to the
state legislatures, they coming far nearest to the people themselves; at most, congress
ought to have power to regulate elections only where a state shall neglect to make them.

Anti-Federalist No. 62, On the Organization and Powers of the Senate (Part I) (Brutus
XVI)
10 April 1788
by Brutus
Taken from the 16th essay of "Brutus" from The New York Journal of April 10, 1788.
When great and extraordinary powers are vested in any man, or body of men, which in
their exercise, may operate to the oppression of the people, it is of high importance that
powerful checks should be formed to prevent the abuse of it.
Perhaps no restraints are more forcible, than such as arise from responsibility to some
superior power.Hence it is that the true policy of a republican government is, to frame it
in such manner, that all persons who are concerned in the government, are made
accountable to some superior for their conduct in office.This responsibility should
ultimately rest with the People. To have a government well administered in all its parts, it
is requisite the different departments of it should be separated and lodged as much as may
be in different hands. The legislative power should be in one body, the executive in
another, and the judicial in one different from eitherBut still each of these bodies should
be accountable for their conduct. Hence it is impracticable, perhaps, to maintain a perfect
distinction between these several departmentsFor it is difficult, if not impossible, to call
to account the several officers in government, without in some degree mixing the
legislative and judicial. The legislature in a free republic are chosen by the people at stated
periods, and their responsibility consists, in their being amenable to the people. When the
term, for which they are chosen, shall expire, who will then have opportunity to displace
them if they disapprove of their conductbut it would be improper that the judicial should
be elective, because their business requires that they should possess a degree of law
knowledge, which is acquired only by a regular education, and besides it is fit that they
should be placed, in a certain degree in an independent situation, that they may maintain
firmness and steadiness in their decisions. As the people therefore ought not to elect the
judges, they cannot be amenable to them immediately, some other mode of amenability
must therefore be devised for these, as well as for all other officers which do not spring
from the immediate choice of the people: this is to be effected by making one court
subordinate to another, and by giving them cognizance of the behaviour of all officers; but
on this plan we at last arrive at some supreme, over whom there is no power to controul but
the people themselves. This supreme controling power should be in the choice of the
people, or else you establish an authority independent, and not amenable at all, which is
repugnant to the principles of a free government. Agreeable to these principles I suppose
the supreme judicial ought to be liable to be called to account, for any misconduct, by
some body of men, who depend upon the people for their places; and so also should all
other great officers in the State, who are not made amenable to some superior officers. This
policy seems in some measure to have been in view of the framers of the new system, and
to have given rise to the institution of a court of impeachmentsHow far this Court will
be properly qualified to execute the trust which will be reposed in them, will be the
business of a future paper to investigate. To prepare the way to do this, it shall be the
business of this, to make some remarks upon the constitution and powers of the Senate,
with whom the power of trying impeachments is lodged.
The following things may be observed with respect to the constitution of the Senate.
1st. They are to be elected by the legislatures of the States and not by the people, and each
State is to be represented by an equal number.
2d. They are to serve for six years, except that one third of those first chosen are to go out
of office at the expiration of two years, one third at the expiration of four years, and one
third at the expiration of six years, after which this rotation is to be preserved, but still
every member will serve for the term of six years.
3d. If vacancies happen by resignation or otherwise, during the recess of the legislature of
any State, the executive is authorised to make temporary appointments until the next
meeting of the legislature.
4. No person can be a senator who has not arrived to the age of thirty years, been nine
years a citizen of the United States, and who is not at the time he is elected an inhabitant of
the State for which he is elected.
The apportionment of members of Senate among the States is not according to numbers, or
the importance of the States; but is equal. This, on the plan of a consolidated government,
is unequal and improper; but is proper on the system of confederationon this principle I
approve of it. It is indeed the only feature of any importance in the constitution of a
confederated government. It was obtained after a vigorous struggle of that part of the
Convention who were in favor of preserving the state governments. It is to be regretted,
that they were not able to have infused other principles into the plan, to have secured the
government of the respective states, and to have marked with sufficient precision the line
between them and the general government.
The term for which the senate are to be chosen, is in my judgment too long, and no
provision being made for a rotation will, I conceive, be of dangerous consequence.
It is difficult to fix the precise period for which the senate should be chosen. It is a matter
of opinion, and our sentiments on the matter must be formed, by attending to certain
principles. Some of the duties which are to be performed by the senate, seem evidently to
point out the propriety of their term of service being extended beyond the period of that of
the assembly. Besides as they are designed to represent the aristocracy of the country, it
seems fit they should possess more stability, and so continue a longer period than that
branch who represent the democracy. The business of making treaties and some other
which it will be proper to commit to the senate, requires that they should have experience,
and therefore that they should remain some time in office to acquire it.But still it is of
equal importance that they should not be so long in office as to be likely to forget the hand
that formed them, or be insensible of their interests. Men long in office are very apt to feel
themselves independent [and] to form and pursue interests separate from those who
appointed them. And this is more likely to be the case with the senate, as they will for the
most part of the time be absent from the state they represent, and associate with such
company as will possess very little of the feelings of the middling class of people. For it is
to be remembered that there is to be a federal city, and the inhabitants of it will be the great
and the mighty of the earth. For these reasons I would shorten the term of their service to
four years. Six years is a long period for a man to be absent from his home, it would have a
tendency to wean him from his constituents.
A rotation in the senate, would also in my opinion be of great use. It is probable that
senators once chosen for a state will, as the system now stands, continue in office for life.
The office will be honorable if not lucrative. The persons who occupy it will probably wish
to continue in it, and therefore use all their influence and that of their friends to continue in
office.Their friends will be numerous and powerful, for they will have it in their power
to confer great favors; besides it will before long be considered as disgraceful not to be re-
elected. It will therefore be considered as a matter of delicacy to the character of the
senator not to return him again.Every body acquainted with public affairs knows how
difficult it is to remove from office a person who is [has?] long been in it. It is seldom done
except in cases of gross misconduct. It is rare that want of competent ability procures it. To
prevent this inconvenience I conceive it would be wise to determine, that a senator should
not be eligible after he had served for the period assigned by the constitution for a certain
number of years; perhaps three would be sufficient. A farther benefit would be derived
from such an arrangement; it would give opportunity to bring forward a greater number of
men to serve their country, and would return those, who had served, to their state, and
afford them the advantage of becoming better acquainted with the condition and politics of
their constituents. It farther appears to me proper, that the legislatures should retain the
right which they now hold under the confederation, of recalling their members. It seems an
evident dictate of reason, that when a person authorises another to do a piece of business
for him, he should retain the power to displace him, when he does not conduct according to
his pleasure. This power in the state legislatures, under confederation, has not been
exercised to the injury of the government, nor do I see any danger of its being so exercised
under the new system. It may operate much to the public benefit.
These brief remarks are all I shall make on the organization of the senate. The powers with
which they are invested will require a more minute investigation.
This body will possess a strange mixture of legislative, executive and judicial powers,
which in my opinion will in some cases clash with each other.
1. They are one branch of the legislature, and in this respect will possess equal powers in
all cases with the house of representatives; for I consider the clause which gives the house
of representatives the right of originating bills for raising a revenue as merely nominal,
seeing the senate be authorised to propose or concur with amendments.
2. They are a branch of the executive in the appointment of ambassadors and public
ministers, and in the appointment of all other officers, not otherwise provided for; whether
the forming of treaties, in which they are joined with the president, appertains to the
legislative or the executive part of the government, or to neither, is not material.
3. They are part of the judicial, for they form the court of impeachments. It has been a long
established maxim, that the legislative, executive and judicial departments in government
should be kept distinct. It is said, I know, that this cannot be done. And therefore that this
maxim is not just, or at least that it should only extend to certain leading features in a
government. I admit that this distinction cannot be perfectly preserved. In a due ballanced
government, it is perhaps absolutely necessary to give the executive qualified legislative
powers, and the legislative or a branch of them judicial powers in the last resort. It may
possibly also, in some special cases, be adviseable to associate the legislature, or a branch
of it, with the executive, in the exercise of acts of great national importance. But still the
maxim is a good one, and a separation of these powers should be sought as far as is
practicable. I can scarcely imagine that any of the advocates of the system will pretend,
that it was necessary to accumulate all these powers in the senate.
There is a propriety in the senate's possessing legislative powers; this is the principal end
which should be held in view in their appointment. I need not here repeat what has so often
and ably been advanced on the subject of a division of the legislative power into two
branchesThe arguments in favor of it I think conclusive. But I think it equally evident,
that a branch of the legislature should not be invested with the power of appointing
officers. This power in the senate is very improperly lodged for a number of reasons
These shall be detailed in a future number.

Anti-Federalist No. 63, On the Organization and Powers of the Senate (Part II) (Federal
Farmer XI)
10 January 1788
Dear sir,
I shall now add a few observations respecting the organization of the senate, the manner of
appointing it, and its powers.
The senate is an assembly of 26 members, two from each state; though the senators are
apportioned on the federal plan, they will vote individually. They represent the states, as
bodies politic, sovereign to certain purposes. The states being sovereign and independent,
are all considered equal, each with the other in the senate. In this we are governed solely
by the ideal equalities of sovereignties; the federal and state governments forming one
whole, and the state governments an essential part, which ought always to be kept
distinctly in view, and preserved. I feel more disposed, on reflection, to acquiesce in
making them the basis of the senate, and thereby to make it the interest and duty of the
senators to preserve distinct, and to perpetuate the respective, sovereignties they shall
represent. . . .
The senate, as a legislative branch, is not large, but as an executive branch quite too
numerous. It is not to be presumed that we can form a genuine senatorial branch in the
United States, a real representation of the aristocracy and balance in the legislature, any
more than we can form a genuine representation of the people. Could we separate the
aristocratical and democratical interest, compose the senate of the former, and the house of
assembly of the latter, they are too unequal in the United States to produce a balance. Form
them on pure principles, and leave each to be supported by its real weight and connections,
the senate would be feeble and the house powerful. I say, on pure principles; because I
make a distinction between a senate that derives its weight and influence from a pure
source-its numbers and wisdom, its extensive property, its extensive and permanent
connections -and a senate composed of a few men, possessing small property, and small
and unstable connections, that derives its weight and influence from a corrupt or pernicious
source: that is, merely from the power given it by the constitution and laws, to dispose of
the public offices, and the annexed emoluments, and by those means to interest officers,
and the hungry expectants of offices, in support of its measures. I wish the proposed senate
may not partake too much of the latter description.
To produce a balance and checks, the constitution proposes two branches in the legislature.
But they are so formed, that the members of both must generally be the same kind of men-
men having similar interests and views, feelings and connections - men of the same grade
in society, and who associate on all, occasions (probably, if there be any difference, the
senators will be the most democratic.) Senators and representatives thus circumstanced, as
men, though convened in two rooms to make laws, must be governed generally by the
same motives and views, and therefore pursue the same system of politics. The partitions
between the two branches will be merely those of the building in which they fit. There will
not be found in them any of those genuine balances and checks, among the real different
interests, and efforts of the several classes of men in the community we aim at. Nor can
any such balances and checks be formed in the present condition of the United States in
any considerable degree of perfection. . .
Though I conclude the senators and representatives will not form in the legislature those
balances and checks which correspond with the actual state of the people, yet I approve of
two branches, because we may notwithstanding derive several advantages from them. The
senate, from the mode of its appointment, will probably be influenced to support the state
governments; and, from its periods of service will produce stability in legislation, while
frequent elections may take place in the other branch. There is generally a degree of
competition between two assemblies even composed of the same kind of men; and by this,
and by means of every law passing a revision in the second branch, caution, coolness, and
deliberation are produced in the business of making laws. By means of a democratic
branch we may particularly secure personal liberty; and by means of a senatorial branch we
may particularly protect property. By the division, the house becomes the proper body to
impeach all officers for misconduct in office, and the senate the proper court to try them;
and in a country where limited powers must be lodged in the first magistrate, the senate,
perhaps, may be the most proper body to be found to have a negative upon him in making
treaties, and managing foreign affairs.
Though I agree the federal senate, in the form proposed, may be useful to many purposes,
and that it is not very necessary to alter the organization, modes of appointment, and
powers of it in several respects; yet, without alterations in others, I sincerely believe it will,
in a very few years, become the source of the greatest evils. Some of these alterations, I
conceive, to be absolutely necessary and some of them at least advisable.
1. By the confederation the members of congress are chosen annually. By Art. 1. Sect. 2.
of the constitution, the senators shall be chosen for six years. As the period of service must
be, in a considerable degree, matter of opinion on this head, I shall only make a few
observations, to explain why I think it more advisable to limit it to three or four years.
The people of this country have not been accustomed to so long appointments in their state
governments. They have generally adopted annual elections. The members of the present
congress are chosen yearly, who, from the nature and multiplicity of their business, ought
to be chosen for longer periods than the federal senators. Men six years in office absolutely
contract callous habits, and cease, in too great a degree, to feel their dependence, and for
the condition of their constituents. Senators continued in offices three or four years, will be
in them longer than any popular erroneous opinions will probably continue to actuate their
electors. Men appointed for three or four years will generally be long enough in office to
give stability, and amply to acquire political information. By a change of legislators, as
often as circumstances will permit, political knowledge is diffused more extensively
among the people, and the attention of the electors and elected more constantly kept alive-
circumstances of infinite importance in a free country. Other reasons might be added, but
my subject is too extensive to admit of my dwelling upon less material points.
2. When the confederation was formed, it was considered essentially necessary that the
members of congress should at any time be recalled by their respective states, when the
states should see fit, and others be sent in their room. I do not think it is less necessary that
this principle should be extended to the members of congress under the new constitution,
and especially to the senators. I have had occasion several times to observe, that let us form
a federal constitution as extensively, and on the best principles in our power, we must,
after all, trust a vast deal to a few men, who, far removed from their constituents, will
administer the federal government. There is but little danger these men will feel too great a
degree of dependence. The necessary and important object to be attended to, is to make
them feel dependent enough. Men elected for several years, several hundred miles distant
from their states, possessed of very extensive powers, and the means of paying themselves,
will not, probably, be oppressed with a sense of dependence and responsibility.
The senators will represent sovereignties, which generally have, and always ought to
retain, the power of recalling their agents. The principle of responsibility is strongly felt in
men who are liable to be recalled and censured for their misconduct; and, if we may judge
from experience, the latter will not abuse the power of recalling their members; to possess
it will at least be a valuable check. It is in the nature of all delegated power, that the
constituents should retain the right to judge concerning the conduct of their representatives.
They must exercise the power, and their decision itself, their approving or disapproving
that conduct implies a right, a power to continue in office, or to remove from it. But
whenever the substitute acts under a constitution, then it becomes necessary that the power
of recalling him be expressed. The reasons for lodging a power to recall are stronger, as
they respect the senate, than as they respect the representatives. The latter will be more
frequently elected, and changed of course, and being chosen by the people at large, it
would be more difficult for the people than for the legislatures to take the necessary
measures for recalling. But even the people, if the powers will be more beneficial to them
than injurious, ought to possess it. The people are not apt to wrong a man who is steady
and true to their interests. They may for a while be misled by party representations, and
leave a good man out of office unheard; but every recall supposes a deliberate decision,
and a fair hearing. And no man who believes his conduct proper, and the result of honest
views, will be the less useful in his public character on account of the examination his
actions may be liable to. A man conscious of the contrary conduct ought clearly to be
restrained by the apprehensions of a trial. I repeat it, it is interested combinations and
factions we are particularly to guard against in the federal government, and all the rational
means that can be put into the hands of the people to prevent them ought to be provided
and furnished for them. Where there is a power to recall, trusty sentinels among the people,
or in the state legislatures will have a fair opportunity to become useful. If the members in
congress from the states join in such combinations, or favor them, or pursue a pernicious
line of conduct, the most attentive among the people or in the state legislatures may
formally charge them before their constituents. The very apprehensions of such
constitutional charge may prevent many of the evils mentioned; and the recalling the
members of a single state, a single senator or representative, may often prevent many
more. Nor do 1, at present, discover any danger in such proceedings, as every man who
shall move for a recall will put his reputation at stake, to show he has reasonable grounds
for his motion. It is not probable such motions will be made unless there be good apparent
grounds for succeeding. Nor can the charge or motion be anything more than the attack of
an individual or individuals unless a majority of the constituents shall see cause to go into
the inquiry. Further, the circumstances of such a power being lodged in the constituents
will tend continually to keep up their watchfulness, as well as the attention and dependence
of the federal senators and representatives.
3. By the confederation it is provided, that no delegate shall serve more than three years in
any term of six years; and thus, by the forms of the government a rotation of members is
produced. A like principle has been adopted in some of the state governments, and also in
some ancient and modern republics. Whether this exclusion of a man for a given period,
after he shall have served a given time, ought to be ingrafted into a constitution or not is a
question, the proper decision [of which] materially depends upon the leading features of
the government. Some governments are so formed as to produce a sufficient fluctuation
and change of members; in the ordinary course of elections proper numbers of new
members are from time to time brought into the legislature, and a proportionate number of
old ones go out, mix, and become diffused among the people. This is the case with all
numerous representative legislatures, the members of which are frequently elected, and
constantly within the view of their constituents. This is the case with our state
governments, and in them a constitutional rotation is unimportant. But in a government
consisting of but a few members, elected for long periods, and far removed from the
observation of the people, but few changes in the ordinary course of elections take place
among the members. They become in some measure a fixed body, and often inattentive to
the public good, callous, selfish, and the fountain of corruption. To prevent these evils, and
to force a principle of pure animation into the federal government, which will be formed
much in this last manner mentioned, and to produce attention, activity, and a diffusion of
knowledge in the community, we ought to establish among others the principle of rotation.
Even good men in office, in time, imperceptibly lose sight of the people, and gradually fall
into measures prejudicial to them. It is only a rotation among the members of the federal
legislature I shall contend for. Judges and officers at the heads of the judicial and executive
departments are in a very different situation. Their offices and duties require the
information and studies of many years for performing them in a manner advantageous to
the people. These judges and officers must apply their whole time to the detail business of
their offices, and depend on them for their support. Then, they always act under masters or
superiors, and may be removed from office for misconduct. They pursue a certain round of
executive business; their offices must be in all societies confined to a few men, because but
few can become qualified to fill them. And were they, by annual appointments, open to the
people at large, they are offices of such a nature as to be of no service to them. They must
leave these offices in the possession of the few individuals qualified to fill them, or have
them badly filled. In the judicial and executive departments also, the body of the people
possess a large share of power and influence, as jurors and subordinate officers, among
whom there are many and frequent rotations. But in every free country the legislatures are
all on a level, and legislation becomes partial whenever, in practice, it rests for any
considerable time in a few hands. It is the true republican principle to diffuse the power of
making the laws among the people and so to modify the forms of the government as to
draw in turn the well informed of every class into the legislature. To determine the
propriety or impropriety of this rotation, we must take the inconveniencies as well as the
advantages attending it into view. On the one hand by this rotation, we may sometimes
exclude good men from being elected. On the other hand, we guard against those
pernicious connections, which usually grow up among men left to continue long periods in
office. We increase the number of those who make the laws and return to their
constituents; and thereby spread information, and preserve a spirit of activity and
investigation among the people. Hence a balance of interests and exertions are preserved,
and the ruinous measures of actions rendered more impracticable. I would not urge the
principle of rotation, if I believed the consequence would be an uninformed federal
legislature; but I have no apprehension of this in this enlightened country. The members of
congress, at any one time, must be but very few compared with the respectable well
informed men in the United States; and I have no idea there will be any want of such men
for members of congress, though by a principle of rotation the constitution should exclude
from being elected for two years those federal legislators, who may have served the four
years immediately preceding, or any four years in the six preceding years. If we may judge
from experience and fair calculations, this principle will never operate to exclude at any
one period a fifteenth part even of those men who have been members of congress. Though
no man can sit in congress by the confederation more than three years in any term of six
years, yet not more than three, four, or five men in any one state have been made ineligible
at any one period. And if a good man happens to be excluded by this rotation, it is only for
a short time. All things considered, the inconveniencies of the principle must be very
inconsiderable compared with the many advantages of it. It will generally be expedient for
a man who has served four years in congress to return home, mix with the people, and
reside some time with them. This will tend to reinstate him in the interests, feelings, and
views similar to theirs, and thereby confirm in him the essential qualifications of a
legislator. Even in point of information, it may be observed, the useful information of
legislators is not acquired merely in studies in offices, and in meeting to make laws from
day to day. They must learn the actual situation of the people by being among them, and
when they have made laws, return home and observe how they operate. Thus occasionally
to be among the people, is not only necessary to prevent or banish the callous habits and
self-interested views of office in legislators, but to afford them necessary information, and
to render them useful. Another valuable end is answered by it, sympathy, and the means of
communication between them and their constituents, is substantially promoted. So that on
every principle legislators, at certain periods, ought to live among their constituents. Some
men of science are undoubtedly necessary in every legislature; but the knowledge,
generally, necessary for men who make laws, is a knowledge of the common concerns, and
particular circumstances of the people. In a republican government seats in the legislature
are highly honorable. I believe but few do, and surely none ought to, consider them as
places of profit and permanent support. Were the people always properly attentive, they
would, at proper periods, call their lawmakers home, by sending others in their room. But
this is not often the case; and therefore, in making constitutions, when the people are
attentive, they ought cautiously to provide for those benefits, those advantageous changes
in the administration of their affairs, which they are often apt to be inattentive to in
practice. On the whole, to guard against the evils, and to secure the advantages I have
mentioned, with the greatest degree of certainty, we ought clearly in my opinion, to
increase the federal representation, to secure elections on proper principles, to establish a
right to recall members, and a rotation among them.

Anti-Federalist No. 64, On the Organization and Powers of the Senate (Part III)
By Cincinnatus
Taken from the New York Journal, Nov. 22, 1787 by "CINCINNATUS" It appears to have
been written in answer to James Wilson's Antifederalist # 12.
I come now, sir, to the most exceptionable part of the Constitution-the Senate. In this, as in
every other part, you [James Wilson of Pennsylvania] are in the line of your profession
[Law], and on that ground assure your fellow citizens, that-"perhaps there never was a
charge made with less reason, than that which predicts the institution of a baneful
aristocracy in the Federal Senate." And yet your conscience smote you, sir, at the
beginning, and compelled you to prefix a perhaps to this strange assertion. The senate, you
say, branches into two characters-the one legislative and the other executive. This
phraseology is quaint, and the position does not state the whole truth. I am very sorry, sir,
to be so often obliged to reprehend the suppression of information at the moment that you
stood forth to instruct your fellow citizens, in what they were supposed not to understand.
In this character, you should have abandoned your professional line, and told them, not
only the truth, but the whole truth. The whole truth then is, that the same body, called the
senate, is vested with legislative, executive and judicial powers. The two first you
acknowledge; the last is conveyed in these words, sec. 3d.: "The Senate shall have the sole
power to try all impeachments." On this point then we are to come to issue-whether a
senate so constituted is likely to produce a baneful aristocracy, which will swallow up the
democratic rights and liberties of the nation. To judge on this question, it is proper to
examine minutely into the constitution and powers of the senate; and we shall then see
with what anxious and subtle cunning it is calculated for the proposed purpose. 1st. It is
removed from the people, being chosen by the legislatures-and exactly in the ratio of their
removal from the people do aristocratic principles constantly infect the minds of man. 2nd.
They endure, two thirds for four, and one third for six years, and in proportion to the
duration of power, the aristocratic exercise of it and attempts to extend it, are invariably
observed to increase. 3rd. From the union of the executive with the legislative functions,
they must necessarily be longer together, or rather constantly assembled; and in proportion
to their continuance together, they will be able to form effectual schemes for extending
their own power, and reducing that of the democratic branch. If any one would wish to see
this more fully illustrated, let him turn to the history of the Decemviri in Rome. 4th. Their
advice and consent being necessary to the appointment of all the great officers of state,
both at home and abroad, will enable them to win over any opponents to their measures in
the house of representatives, and give them the influence which, we see, accompanies this
power in England; and which, from the nature of man, must follow it every where. 5th.
The sole power of impeachment being vested in them, they have it in their power to control
the representative in this democratic right; to screen from punishment, or rather from
conviction, all high offenders, being their creatures, and to keep in awe all opponents to
their power in high office. 6th. The union established between them and the vice president,
who is made one of the corps, and will therefore be highly animated with the aristocratic
spirit of it, furnishes them a powerful shield against popular suspicion and inquiry, he
being the second man in the United States who stands highest in the confidence and
estimation of the people. And lastly, the right of altering or amending money-bills, is a
high additional power given them as a branch of the legislature, which their analogous
branch, in the English parliament, could never obtain because it has been guarded by the
representatives of the people there, with the most strenuous solicitude as one of the vital
principles of democratic liberty.
Is a body so vested with means to soften and seduce-so armed with power to screen or to
condemn-so fortified against suspicion and inquiry-so largely trusted with legislative
powers-so independent of and removed from the people-so tempted to abuse and extend
these powers-is this a body which freemen ought ever to create, or which freemen can ever
endure? Or is it not a monster in the political creation, which we ought to regard with
horror? Shall we thus forget our own fetters? Shall we set up the idol, before which we
shall soon be obliged, however reluctantly, to bow? Shall we consent to see a proud
aristocracy erect his domineering crest in triumph over our prostrate liberties?
But we shall yet see more clearly, how highly favored this senate has been, by taking a
similar view of the representative body. This body is the true representative of the
democratic part of the system; the shield and defense of the people. . . . Its transcendent
and incommunicable power of impeachment-that high source of its dignity and control-in
which alone the majesty of the people feels his sceptre, and bears aloft his fasces-is
rendered ineffectual, by its being triable before its rival branch, the senate, the patron and
prompter of the measures against which it is to sit in judgment. It is therefore most
manifest, that from the very nature of the constitution the right of impeachment apparently
given, is really rendered ineffectual. And this is contrived with so much art, that to
discover it you must bring together various and distant parts of the constitution, or it will
not strike the examiner, that the same body that advises the executive measures of
government which are usually the subject of impeachment, are the sole judges on such
impeachments. They must therefore be both party and judge, and must condemn those who
have executed what they advised. Could such a monstrous absurdity have escaped men
who were not determined, at all events, to vest all power in this aristocratic body? Is it not
plain, that the senate is to be exalted by the humiliation of the democracy? A democracy
which, thus bereft of its powers, and shorn of its strength, will stand a melancholy
monument of popular impotence. . . .
"When the legislative and executive powers are united in the same person, or in the same
corps," [says Montesquieu] "there can be no liberty. Because, it may be feared, that the
same monarch or senate will make tyrannical laws, that they may execute them
tyrannically." I am aware that this great man is speaking of a senate being the whole
legislature; whereas the one before us is but a branch of the proposed legislature. But still
the reason applies, inasmuch as the legislative power of the senate will enable it to negative
all bills that are meant to control the executive; and from being secure of preventing any
abridgment, they can watch every pliant hour of the representative body to promote an
enlargement of the executive powers. One thing at least is certain, that by making this
branch of the legislature participant in the executive, you not only prevent the legislature
from being a check upon the executive, but you inevitably prevent its being checked or
controlled by the other branch.

To the authority of Montesquieu, I shall add that of Mr. De Lolme, whose disquisition on
government is allowed to be deep, solid, and ingenious. . . . "It is not only necessary," [says
he] "to take from the legislature the executive power which would exempt them from the
laws; but they should not have even a hope of being ever able to arrogate to themselves
that power." To remove this hope from their expectation, it would have been proper, not
only to have previously laid down, in a declaration of rights, that these powers should be
forever separate and incommunicable; but the frame of the proposed constitution should
have had that separation religiously in view, through all its parts. It is manifest this was not
the object of its framers; but, that on the contrary there is a studied mixture of them in the
senate as necessary to erect it into that potent aristocracy which it must infallibly produce.
In pursuit of this daring object, than which no greater calamity can be brought upon the
people, another egregious error in constitutional principles is committed. I mean that of
dividing the executive powers between the senate and president. Unless more harmony and
less ambition should exist between these two executives than ever yet existed between men
in power, or than can exist while human nature is as it is, this absurd division must be
productive of constant contentions for the lead, must clog the execution of government to a
mischievous, and sometimes to a disgraceful degree; and if they should unhappily
harmonize in the same objects of ambition, their number and their combined power would
preclude all fear of that responsibility, which is one of the great securities of good, and
restraints on bad governments. Upon these principles Mr. DeLolme has foreseen that "the
effect of a division of the executive power is the establishment of absolute power in one of
continual contention;" he therefore lays it down, as a general rule . . . "for the tranquility of
the state it is necessary that the executive power should be in one." I will add, that this
singlehood of the executive is indispensably necessary to effective execution, as well as to
the responsibility and rectitude of him to whom it is entrusted.
By this time I hope it is evident from reason and authority, that in the constitution of the
senate there is much cunning and little wisdom; that we have much to fear from it, and
little to hope, and then it must necessarily produce a baneful aristocracy, by which the
democratic rights of the people will be overwhelmed.
It was probably upon this principle that a member of the convention, of high and
unexceeded reputation for wisdom and integrity, is said to have emphatically declared, that
he would sooner lose his right hand, than put his name to such a constitution.

Anti-Federalist No. 65, On the Organization and Powers of the SenatePart IV
by Gilbert Livingston and John Lansing delivered on June 24, 1788 to the New York
ratifying convention
Mr. G[ilbert] LIVINGSTON rose, and addressed the chair.
He, in the first place, considered the importance of the Senate as a branch of the
legislature, in three points of view:
First, they would possess legislative powers coextensive with those of the House of
Representatives except with respect to originating revenue laws; which, however, they
would have power to reject or amend, as in the case of other bills. Secondly, they would
have an importance, even exceeding that of the representative house, as they would be
composed of a smaller number, and possess more firmness and system. Thirdly, their
consequence and dignity would still further transcend those of the other branch, from their
longer continuance in office. These powers, Mr. Livingston contended, rendered the Senate
a dangerous body.
He went on, in the second place, to enumerate and animadvert on the powers with which
they were clothed in their judicial capacity, and in their capacity of council to the
President, and in the forming of treaties. In the last place, as if too much power could not
be given to this body, they were made, he said, a council of appointment, by whom
ambassadors and other officers of state were to be appointed. These are the powers,
continued he, which are vested in this small body of twenty-six men; in some cases, to be
exercised by a bare quorum, which is fourteen; a majority of which number, again, is eight.
What are the checks provided to balance this great mass of power? Our present Congress
cannot serve longer than three years in six: they are at any time subject to recall. These and
other checks were considered as necessary at a period which I choose to honor with the
name of virtuous. Sir, I venerate the spirit with which every thing was done at the trying
time in which the Confederation was formed. America had then a sufficiency of this virtue
to resolve to resist perhaps the first nation in the universe, even unto bloodshed. What was
her aim? Equal liberty and safety. What ideas had she of this equal liberty? Read them in
her Articles of Confederation. True it is, sir, there are some powers wanted to make this
glorious compact complete. But, sir, let us be cautious that we do not err more on the other
hand, by giving power too profusely, when, perhaps, it will be too late to recall it.
Consider, sir, the great influence which this body, armed at all points, will have. What will
be the effect of this? Probably a security of their reelection, as long as they please. Indeed,
in my view, it will amount nearly to an appointment for life. What will be their situation in
a federal town? Hallowed ground! Nothing so unclean as state laws to enter there,
surrounded, as they will be, by an impenetrable wall of adamant and gold, the wealth of the
whole country flowing into it. [Here a member, who did not fully understand, called out to
know what WALL the gentleman meant; on which be turned, and replied, "A wall of
goldof adamant, which will flow in from all parts of the continent." At which flowing
metaphor, a great laugh in the house.] The gentleman continued: Their attention to their
various business will probably require their constant attendance. In this Eden will they
reside with their families, distant from the observation of the people. In such a situation,
men are apt to forget their dependence, lose their sympathy, and contract selfish habits.
Factions are apt to be formed, if the body becomes permanent. The senators will associate
only with men of their own class, and thus become strangers to the condition of the
common people. They should not only return, and be obliged to live with the people, but
return to their former rank of citizenship, both to revive their sense of dependence, and to
gain a knowledge of the country. This will afford opportunity to bring forward the genius
and information of the states, and will be a stimulus to acquire political abilities. It will be
the means of diffusing a more general knowledge of the measures and spirit of the
administration. These things will confirm the people's confidence in government. When
they see those who have been high in office residing among them as private citizens, they
will feel more forcibly that the government is of their own choice. The members of this
branch having the idea impressed on their minds, that they are soon to return to the level
whence the suffrages of the people raised them,this good effect will follow: they will
consider their interests as the same with those of their constituents, and that they legislate
for themselves as well as others. They will not conceive themselves made to receive,
enjoy, and rule, nor the people solely to earn, pay, and submit.
Mr. Chairman, I have endeavored, with as much perspicuity and candor as I am master of,
shortly to state my objections to this clause. I would wish the committee to believe that
they are not raised for the sake of opposition, but that I am very sincere in my sentiments
in this important investigation. The Senate, as they are now constituted, have little or no
check on them. Indeed, sir, too much is put into their hands. When we come to that part of
the system which points out their powers, it will be the proper time to consider this subject
more particularly.
I think, sir, we must relinquish the idea of safety under this government, if the time for
services is not further limited, and the power of recall [not] given to the state legislatures. I
am strengthened in my opinion by an observation made yesterday, by an honorable
member from New York, to this effect"that there should be no fear of corruption of the
members in the House of Representatives; especially as they are, in two years, to return to
the body of the people." I therefore move that the committee adopt the following
resolution, as an amendment to this clause:
"Resolved, That no person shall be eligible as a senator for more than six years in any term
of twelve years, and that it shall be in the power of the legislatures of the several states to
recall their senators, or either of them, and to elect others in their stead, to serve for the
remainder of the time for which such senator or senators, so recalled, were appointed."
Hon. Mr. [John] LANSING. I beg the indulgence of the committee, while I offer some
reasons in support of the motion just made; in doing which, I shall confine myself to the
point, and shall hear with attention, and examine with candor, the objections which may be
opposed to it
Sir, I am informed by gentlemen who have been conversant in public affairs, and who have
had seats in Congress, that there have been, at different times, violent parties in that
bodyan evil that a change of members has contributed, more than any other thing, to
remedy. If, therefore, the power of recall should be never exercised, if it should have no
other force than that of a check to the designs of the bad, and to destroy party spirit,
certainly no harm, but much good, may result from adopting the amendment. If my
information be true, there have been parties in Congress which would have continued to
this day, if the members had not been removed. No inconvenience can follow from placing
the powers of the Senate on such a foundation as to make them feel their dependence. It is
only a check calculated to make them more attentive to the objects for which they were
appointed. Sir, I would ask, Is there no danger that the members of the Senate will sacrifice
the interest of their state to their own private views? Every man in the United States ought
to look with anxious concern to that body. Their number is so exceedingly small, that they
may easily feel their interests distinct from those of the community. This smallness of
number also renders them subject to a variety of accidents, that may be of the highest
disadvantage. If one of the members is sick, or if one or both are prevented occasionally
from attending, who are to take care of the interests of their state?
Sir, we have frequently observed that deputies have been appointed for certain purposes,
who have not punctually attended to them, when it was necessary. Their private concerns
may often require their presence at home. In what manner is this evil to be corrected? The
amendment provides a remedy. It is the only thing which can give the states a control over
the Senate. It will be said, there is a power in Congress to compel the attendance of absent
members; but will the members from the other states be solicitous to compel such
attendance, except to answer some particular view, or promote some interest of their own?
If it be the object of the senators to protect the sovereignty of their several states, and if, at
any time, it be the design of the other states to make encroachments on the sovereignty of
any one state, will it be for their interest to compel the members from this state to attend, in
order to oppose and check them? This would be strange policy indeed.
Sir, it is true there have been no instances of the success of corruption under the old
Confederation; and may not this be attributed to the power of recall, which has existed
from its first formation? It has operated effectually, though silently. It has never been
exercised, because no great occasion has offered. The power has by no means proved a
discouragement to individuals, in serving their country. A seat in Congress has always
been considered a distinguished honor, and a favorite object of ambition. I believe no
public station has been sought with more avidity. If this power has existed for so many
years, and through so many scenes of difficulty and danger, without being exerted, may it
not be rationally presumed that it never will be put in execution, unless the indispensable
interest of a state shall require it? I am perfectly convinced that, in many emergencies,
mutual concessions are necessary and proper; and that, in some instances, the smaller
interests of the states should be sacrificed to great national objects. But when a delegate
makes such sacrifices as tend to political destruction or to reduce sovereignty to
subordination, his state ought to have the power of defeating his design, and reverting to
the people. It is observed, that the appropriation of money is not in the power of the Senate
alone; but, sir, the exercise of certain powers, which constitutionally and necessarily
involve the disposal of money, belongs to the Senate. They have, therefore, a right of
disposing of the property of the United States. If the Senate declare war, the lower house
must furnish the supplies.

It is further objected to this amendment, that it will restrain the people from choosing those
who are most deserving of their suffrages, and will thus be an abridgment of their rights. I
cannot suppose this last inference naturally follows. The rights of the people will be best
supported by checking, at a certain point, the current of popular favor, and preventing the
establishment of an influence which may leave to elections little more than the form of
freedom. The Constitution of this state says, that no man shall hold the office of sheriff or
coroner beyond a certain period. Does any one imagine that the rights of the people are
infringed by this provision? The gentlemen, in their reasoning on the subject of corruption,
seem to set aside experience and to consider the Americans as exempt from the common
vices and frailties of human nature. It is unnecessary to particularize the numerous ways in
which public bodies are accessible to corruption. The poison always finds a channel, and
never wants an object. Scruples would be impertinent arguments would be in vain, checks
would be useless, if we were certain our rulers would be good men; but for the virtuous
government is not instituted. Its object is to restrain and punish vice; and all free
constitutions are for with two viewsto deter the governed from crime, and the governors
from tyranny.

Anti-Federalist No. 66, "From North Carolina," debate during North Carolina Ratifying
Convention
From North Carolina
by "The Debates in the Several State Conventions on the Adoption of the Federal
Constitution," Elliot, Vol. IV
Mr. JOSEPH TAYLOR objected to the provision made for impeaching. He urged that
there could be no security from it, as the persons accused were triable by the Senate, who
were a part of the legislature themselves; that, while men were fallible, the senators were
liable to errors, especially in a case where they were concerned themselves.
Mr. [Timothy] BLOODWORTH wished to be informed, whether this sole power of

impeachment, given to the House of Representatives, deprived the state of the power of
impeaching any of its members.
Mr. JOSEPH TAYLOR. Mr. Chairman, the objection is very strong. If there be but one
body to try, where are we? If any tyranny or oppression should arise, how are those who
perpetrated such oppression to be tried and punished? By a tribunal consisting of the very
men who assist in such tyranny. Can any tribunal be found, in any community, who will
give judgment against their own actions? Is it the nature of man to decide against himself?
I am obliged to the worthy member from New Hanover for assisting me with objections.
None can impeach but the representatives; and the impeachments are to be determined by
the senators, who are one of the branches of power which we dread under this
Constitution.the words "sole power of impeachment" were so general, and might admit
of such a latitude of construction, as to extend to every legislative member upon the
continent, so as to preclude the representatives of the different states from impeaching.
Mr. [William] PORTER wished to be informed, if every officer, who was a creature of that
Constitution, was to be tried by the Senatewhether such officers, and those who had
complaints against them, were to go from the extreme parts of the continent to the seat of
government, to adjust disputes.
Mr. J. TAYLOR. Mr. Chairman, I conceive that, if this Constitution be adopted, we shall
have a large number of officers in North Carolina under the appointment of Congress. We
shall undoubtedly, for instance, have a great number of tax-gatherers. If any of these
officers shall do wrong, when we come to fundamental principles, we find that we have no
way to punish them but by going to Congress, at an immense distance, whither we must
carry our witnesses. Every gentlemen must see, in these cases, that oppressions will arise. I
conceive that they cannot be tried elsewhere. I consider that the Constitution will be
explained by the word "sole." If they did not mean to retain a general power of
impeaching, there was no occasion for saying the "sole power." I consider therefore that
oppressions will arise. If I am oppressed, I must go to the House of Representatives to
complain. I consider that, when mankind are about to part with rights, they ought only to

part with those rights which they can with convenience relinquish, and not such as must
involve them in distresses.
I observe that, when these great men are met in Congress, in consequence of this power,
they will have the power of appointing all the officers of the United States. My experience
in life shows me that the friends of the members of the legislature will get the offices.
These senators and members of the House of Representatives will appoint their friends to
all offices. These officers will be great men, and they will have numerous deputies under
them. The receiver-general of the taxes of North Carolina must be one of the greatest men
in the country. Will he come to me for his taxes? No. He will send his deputy, who will
have special instructions to oppress me. How am I to be redressed? I shall be told that I
must go to Congress, to get him impeached. This being the case, whom am I to impeach?
A friend of the representatives of North Carolina. For, unhappily for us, these men will
have too much weight for us; they will have friends in the government who will be
inclined against us, and thus we may be oppressed with impunity.

Anti-Federalist No. 67, Various Fears Concerning the Executive Department (Cato IV)
From the "CATO" letters of George Clinton, taken from The New-York Journal of
November 8, 1787.
8 November 1787
by George Clinton, Cato
Admitting, however, that the vast extent of America, together with the various other
reasons which I offered you in my last number. against the practicability of the just
exercise of the new government are insufficient to convince; still it is an undesirable truth,
that its several parts are either possessed of principles, which you have heretofore
considered as ruinous and that others are omitted which you have establishes as
fundamental to your political security, and must in their operation, I will venture to assert,
fetter your tongues and minds, enchain your bodies, and ultimately extinguish all that is
great and noble in man.
In pursuance of my plan I shall begin with observations on the executive branch of this
new system; and though it is not the first in order, as arranged therein, yet being the chief,
is perhaps entitled by the rules of rank to the first consideration. The executive power as
described in the 2d article, consists of a president and vice-president, who are to hold their
offices during the term of four years; the same article has marked the manner and time of
their election, and established the qualifications of the president; it also provides against
the removal, death, or inability of the president and vice-presidentregulates the salary of
the president, delineates his duties and powers; and, lastly, declares the causes for which
the president and vice-president shall be removed from office.
Notwithstanding the great learning and abilities of the gentlemen who composed the
convention, it may be here remarked with deference, that the construction of the first
paragraph of the first section of the second article is vague and inexplicit, and leaves the
mind in doubt as to the election of a president and vice-president, after the expiration of the
election for the first term of four years; in every other case, the election of these great
officers is expressly provided for; but there is no explicit provision for their election which
is to set this political machine in motion; no certain and express terms as in your state
constitution, that statedly once in every four years, and as often as these offices shall
become vacant, by expiration or otherwise, as is therein expressed, an election shall be
held as follows, etc.; this inexplicitness perhaps may lead to an establishment for life.
It is remarked by Montesquieu, in treating of republics, that in all magistracies, the

greatness of the power must be compensated by the brevity of the duration, and that a
longer time than a year would be dangerous. It is, therefore, obvious to the least intelligent
mind to account why great power in the hands of a magistrate, and that power connected
with considerable duration, may be dangerous to the liberties of a republic. The deposit of
vast trusts in the hands of a single magistrate enables him in their exercise to create a
numerous train of dependents. This tempts his ambition, which in a republican magistrate
is also remarked, to be pernicious, and the duration of his office for any considerable time
favors his views, gives him the means and time to perfect and execute his designs; he
therefore fancies that he may be great and glorious by oppressing his fellow citizens, and
raising himself to permanent grandeur on the ruins of his country. And here it may be
necessary to compare the vast and important powers of the president, together with his
continuance in office, with the foregoing doctrinehis eminent magisterial situation will
attach many adherents to him, and he will be surrounded by expectants and courtiers. His
power of nomination and influence on all appointments; the strong posts in each state
comprised within his superintendence, and garrisoned by troops under his direction; his
control over the army, militia, and navy; the unrestrained power of granting pardons for
treason, which may be used to screen from punishment those whom he had secretly
instigated to commit the crime, and thereby prevent a discovery of his own guilt; his
duration in office for four yearsthese, and various other principles evidently prove the
truth of the position, that if the president is possessed of ambition, he has power and time
sufficient to ruin his country.
Though the president, during the sitting of the legislature, is assisted by the senate, yet he
is without a constitutional council in their recess. He will therefore be unsupported by
proper information and advice, and will generally be directed by minions and favorites, or
a council of state will grow out of the principal officers of the great departments, the most
dangerous council in a free country.
The ten miles square, which is to become the seat of government, will of course be the
place of residence for the president and the great officers of state; the same observations of
a great man will apply to the court of a president possessing the powers of a monarch, that
is observed of that of a monarchambition with idlenessbaseness with pridethe tirst
of riches without laboraversion to truthflatterytreasonperfidyviolation of
engagementscomtempt of civil dutieshope from the magistrate's weakness; buut above
all, the perpetual ridicule of virtuethese, he remarks, are the characteristics by which the
courts of all ages have been distinguished.
The language and the manners of this court will be what distinguishes them from the rest
of the community, not what assimilates them to it; and in being remarked for a behavior
that shows they are not meanly born, and in adulation to people of fortune and power.
The establishment of a vice-president is as unnecessary as it is dangerous. This officer, for

want of other employment, is made president of the senate, thereby blending the executive
and legislative powers, besides always giving to some one state, from which he is to come,
an unjust pre-eminence.
It is a maxim in republics that the representative of the people should be of their immediate
choice; but by the manner in which the president is chosen, he arrives to this office at the
fourth or fifth hand. Nor does the highest vote, in the way he is elected, determine the
choicefor it is only necessary that he should be taken from the highest of five, who may
have a plurality of votes.;

Compare your past opinions and sentiments and you will find, that if you adopt it, that it
will lead you into a system which you heretofore reprobated as odious. Every American
Whig, not long since, bore his emphatic testimony againsta monarchical government,
though limited, because of the dangerous inequality that it created among the citizens as
relative to their rights and property; and wherein does this president, invested with his
powers and prerogatives, essentially differ from the king of Great Britain (save as to name,
the creation of nobility, and some immaterial incidents, the offspring of absurdity and
locality)? The direct prerogatives of the president, as springing from his political character,
are among the following: It is necessary, in order to distinguish him from the rest of the
community, and enable him to keep, and maintain his court, that the compensation for his
services, or in other words, his revenue, should be such as to enable him to appear with the
splendor of a prince. He has the power of receiving ambassadors from, and a great
influence on their appointments to foreign courts; as also to make treaties, leagues, and
alliances with foreign states, assisted by the Senate, which when made becomes the
supreme law of land. He is a constituent part of the legislative power, for every bill which
shall pass the House of Representatives and Senate is to be presented to him for
approbation. If he approves of it he is to sign it, if he disapproves he is to return it with
objections, which in many cases will amount to a complete negative; and in this view he
will have a great share in the power of making peace, coining money, etc., and all the
various objects of legislation, expressed or implied in this Constitution. For though it may
be asserted that the king of Great Britain has the express power of making peace or war,
yet he never thinks it prudent to do so without the advice of his Parliament, from whom be
is to derive his supportand therefore these powers, in both president and king, are
substantially the same. He is the generalissimo of the nation, and of course has the
command and control of the army, navy and militia; he is the general conservator of the
peace of the unionhe may pardon all offenses, except in cases of impeachment, and the
principal fountain of all offices and employments. Will not the exercise of these powers
therefore tend either to the establishment of a vile and arbitrary aristocracy or monarchy?
The safety of the people in a republic depends on the share or proportion they have in the
government; but experience ought to teach you, that when a man is at the head of an
elective government invested with great powers, and interested in his re-election, in what
circle appointments will be made; by which means an imperfect aristocracy bordering on
monarchy may be established.
You must, however, my countrymen, beware that the advocates of this new system do not
deceive you by a fallacious resemblance between it and your own state government [New
York] which you so much prize; and, if you examine, you will perceive that the chief
magistrate of this state is your immediate choice, controlled and checked by a just and full
representation of the people, divested of the prerogative of influencing war and peace,
making treaties, receiving and sending embassies, and commanding standing armies and
navies, which belong to the power of the confederation, and will be convinced that this
government is no more like a true picture of your own than an Angel of Darkness
resembles an Angel of Light.

Anti-Federalist No. 68, On the Mode of Electing the President
by William Grayson
From a speech by William Grayson given to the Virginia ratifying convention on June 18,
1788.
Mr. [William] GRAYSON. Mr. Chairman, one great objection with me is this: If we advert
to.. [the] democratical, aristocratical, or executive branch, we shall find their powers are
perpetually varying and fluctuating throughout the whole. Perhaps the democratic branch
would be well constructed, were it not for this defect. The executive is still worse, in this
respect, than the democratic branch. He is to be elected by a number of electors in the
country; but the principle is changed when no person has a majority of the whole number
of electors appointed, or when more than one have such a majority, and have an equal
number of votes; for then the lower house is to vote by states. It is thus changing
throughout the whole. It seems rather founded on accident than any principle of
government I ever heard of. We know that there scarcely ever was an election of such an
officer without the interposition of foreign powers. Two causes prevail to make them
intermeddle in such cases:one is, to preserve the balance of power; the other, to preserve
their trade. These causes have produced interferences of foreign powers in the election of
the king of Poland. All the great powers of Europe have interfered in an election which
took place not very long ago, and would not let the people choose for themselves. We
know how much the powers of Europe have interfered with Sweden. Since the death of
Charles XII, that country has been a republican government. Some powers were willing it
should be so; some were willing her imbecility should continue; others wished the
contrary; and at length the court of France brought about a revolution, which converted it
into an absolute government. Can America be free from these interferences? France, after
losing Holland, will wish to make America entirely her own. Great Britain will wish to
increase her influence by a still closer connection. It is the interest of Spain, from the
contiguity of her possessions in the western hemisphere to the United States, to be in an
intimate connection with them, and influence their deliberations, if possible. I think we
have every thing, to apprehend from such interferences. It is highly probable the President
will be continued in office for life. To gain his favor, they will support him. Consider the
means of importance he will have by creating officers. If he has a good understanding with
the Senate, they will join to prevent a discovery of his misdeeds.
This quadrennial power cannot be justified by ancient history. There is hardly an instance
where a republic trusted its executive so long with much power; nor is it warranted by
modern republics. The delegation of power is, in most of them, only for one year.
When you have a strong democratical and a strong aristocratical branch, you may have a
strong executive. But when those are weak, the balance will not be preserved, if you give
the executive extensive powers for so long a time. As this government is organized, it
would be dangerous to trust the President with such powers. How will you punish him if he
abuse his power? Will you call him before the Senate? They are his counsellors and
partners in crime. Where are your checks? We ought to be extremely cautious in this
country. If ever the government be changed, it will probably be into a despotism. The first
object in England was to destroy the monarchy; but the aristocratic branch restored him,
and of course the government was organized on its ancient principles. But were a
revolution to happen here, there would be no means of restoring the government to its
former organization. This is a caution to us not to trust extensive powers. I have an
extreme objection to the mode of his election. I presume the seven Eastern States will
always elect him. As he is vested with the power of making treaties, and as there is a
material distinction between the carrying and productive states, the former will be disposed
to have him to themselves. He will accommodate himself to their interests in forming
treaties, and they will continue him perpetually in office. Thus mutual interest will lead
them reciprocally to support one another. It will be a government of a faction, and this
observation will apply to every part of it; for, having a majority, they may do what they
please. I have made an estimate which shows with what facility they will be able to reelect
him. The number of electors is equal to the number of representatives and senators; viz.,
ninety-one. They are to vote for two persons. They give, therefore, one hundred and
eighty-two votes. Let there be forty-five votes for four different candidates, and two for the
President. He is one of the five highest, if he have but two votes, which he may easily
purchase. In this case, by the 3d clause of the lst section of the 2d article, the election is to
be by the representatives, according to states. Let New Hampshire be for him,a majority
of its . .
3 representatives is 2 Rhode Island 1 1 Connecticut 5 3 New Jersey 4 3 Delaware 1 1

Georgia 3 2 North Carolina 5 3 A majority of seven states is 15 Thus the majority of seven
states is but 15, while the minority amounts to 50. The total number of voices (91 electors
and 65 representatives) is . . 156 Voices in favor of the President are, 2 state electors and
15 representatives .. 17 139
So that the President may be reelected by the voices of 17 against 139.
It may be said that this is an extravagant case, and will never happen. In my opinion, it will
often happen. A person who is a favorite of Congress, if he gets but two votes of electors,
may, by the subsequent choice of 15 representatives, be elected President. Surely the
possibility of such a case ought to be excluded.

Anti-Federalist No. 69, The Character of the Executive Office (Federal Farmer XIV)
17 January 1788
Dear sir,
To continue the subject of appointments: Officers, in the fifth place, may be appointed by
the heads of departments or courts of law. Art. 2. sect. 2. respecting appointments, goes on
"But congress may by law vest the appointment of such inferior officers as they think
proper in the president alone, in the courts of law, or in the heads of departments." The
probability is, as the constitution now stands, that the senate, a branch of the legislature,
will be tenacious of the power of appointment, and much too sparingly part with a share of
it to the courts of law, and heads of departments. Here again the impropriety appears of the
senates having, generally, a share in the appointment of officers. We may fairly presume,
that the judges, and principal officers in the departments, will be able well informed men in
their respective branches of business; that they will, from experience, be best informed as
to proper persons to fill inferior offices in them; that they will feel themselves responsible
for the execution of their several branches of business, and for the conduct of the officers
they may appoint therein. From these, and other considerations, I think we may infer, that
impartial and judicious appointments of subordinate officers will, generally, be made by
the courts of law, and the heads of departments. This power of distributing appointments,
as circumstances may require, into several hands, in a well formed disinterested legislature,
might be of essential service, not only in promoting beneficial appointments, but, also, in
preserving the balance in government: a feeble executive may be strengthened and
supported by placing in its hands more numerous appointments; an executive too
influential may be reduced within proper bounds, by placing many of the inferior
appointments in the courts of law, and heads of departments; nor is there much danger that
the executive will be wantonly weakened or strengthened by the legislature, by thus
shifting the appointments of inferior officers, since all must be done by legislative acts,
which cannot be passed without the consent of the executive, or the consent of two thirds
of both branches a good legislature will use this power to preserve the balance and
perpetuate the government. Here again we are brought to our ultimatum: is the legislature
so constructed as to deserve our confidence?
6. Officers may be appointed by the state governments. By art. 1. sect. 8. the respective
states are authorised exclusively to appoint the militia-officers. This not only lodges the
appointments in proper places, but it also tends to distribute and lodge in different
executive hands the powers of appointing to offices, so dangerous when collected into the
hands of one or a few men.
It is a good general rule, that the legislative, executive, and judicial powers, ought to be
kept distinct; but this, like other general rules, has its exceptions; and without these
exceptions we cannot form a good government, and properly balance its parts: and we can
determine only from reason, experience, and a critical inspection of the parts of the
government, how far it is proper to intermix those powers. Appointments, I believe, in all
mixed governments, have been assigned to different hands some are made by the
executive, some by the legislature, some by the judges, and some by the people. It has been
thought adviseable by the wisest nations, that the legislature should so far exercise
executive and judicial powers as to appoint some officers, judge of the elections of its
members, and impeach and try officers for misconduct that the executive should have a
partial share in legislation that judges should appoint some subordinate officers, and
regulate so far as to establish rules for their own proceedings. Where the members of the
government, as the house, the senate, the executive, and judiciary, are strong and complete,
each in itself, the balance is naturally produced, each party may take the powers congenial
to it, and we have less need to be anxious about checks, and the subdivision of powers.
If after making the deductions, already alluded to, from the general power to appoint
federal officers the residuum shall be thought to be too large and unsafe, and to place an
undue influence in the hands of the president and council, a further deduction may be
made, with many advantages, and, perhaps, with but a few inconveniencies; and that is, by
giving the appointment of a few great officers to the legislature as of the commissioners of
the treasury of the comptroller, treasurer, master coiner, and some of the principal officers
in the money department of the sheriffs or marshalls of the United States of states
attornies, secretary of the home department, and secretary at war, perhaps, of the judges of
the supreme court of major-generals and admirals. The appointments of these officers, who
may be at the heads of the great departments of business, in carrying into execution the
national system, involve in them a variety of considerations; they will not often occur and
the power to make them ought to remain in safe hands. Officers of the above description
are appointed by the legislatures in some of the states, and in some not. We may, I believe,
presume that the federal legislature will possess sufficient knowledge and discernment to
make judicious appointments: however, as these appointments by the legislature tend to
increase a mixture of power, to lessen the advantages of impeachments and responsibility,
I would by no means contend for them any further than it may be necessary for reducing
the power of the executive within the bounds of safety. To determine, with propriety, how
extensive power the executive ought to possess relative to appointments, we must also
examine the forms of it, and its other powers; and these forms and other powers I shall
now proceed briefly to examine.
By art. 2. sect. 1. the executive power shall be vested in a president elected for four years,
by electors to be appointed from time to time, in such manner as the state legislatures shall
direct the electors to be equal in numbers to the federal senators and representatives: but
congress may determine the time of chusing senators [i.e. electors], and the day on which
they shall give their votes; and if no president be chosen by the electors, by a majority of
votes, the states, as states in congress, shall elect one of the five highest on the list for
president. It is to be observed, that in chusing the president, the principle of electing by a
majority of votes is adopted; in chusing the vice president, that of electing by a plurality.
Viewing the principles and checks established in the election of the president, and
especially considering the several states may guard the appointment of the electors as they
shall judge best, I confess there appears to be a judicious combination of principles and
precautions. Were the electors more numerous than they will be, in case the representation
be not increased, I think, the system would be improved; not that I consider the democratic
character so important in the choice of the electors as in the choice of representatives: be
the electors more or less democratic, the president will be one of the very few of the most
elevated characters. But there is danger, that a majority of a small number of electors may
be corrupted and influenced, after appointed electors, and before they give their votes,
especially if a considerable space of time elapse between the appointment and voting. I
have already considered the advisory council in the executive branch: there are two things
further in the organization of the executive, to which I would particularly draw your
attention; the first, which, is a single executive. I confess, I approve; the second, by which
any person from period to period may be re-elected president, I think very exceptionable.
Each state in the union has uniformly shewn its preference for a single executive, and
generally directed the first executive magistrate to act in certain cases by the advice of an
executive council. Reason, and the experience of enlightened nations, seem justly to assign
the business of making laws to numerous assemblies; and the execution of them,
principally, to the direction and care of one man. Independent of practice a single man
seems to be peculiarly well circumstanced to superintend the execution of laws with
discernment and decision, with promptitude and un[i]formity: the people usually point out
a first man he is to be seen in civilized as well as uncivilized nations in republics as well as
in other governments. In every large collection of people there must be a visible point
serving as a common centre in the government, towards which to draw their eyes and
attachments. The constitution must fix a man, or a congress of men, superior in the opinion
of the people, to the most popular men in the different parts of the community, else the
people will be apt to divide and follow their respective leaders. Aspiring men, armies and
navies, have not often been kept in tolerable order by the decrees of a senate or an
executive council. The advocates for lodging the executive power in the hands of a number
of equals, as an executive council, say, that much wisdom may be collected in such a
council, and that it will be safe; but they agree, that it cannot be so prompt and responsible
as a single man they admit that such a council will generally consist of the aristocracy, and
not stand so indifferent between it and the people as a first magistrate. But the principal
objection made to a single man is, that when possessed of power he will be constantly
struggling for more, disturbing the government, and encroaching on the rights of others. It
must be admitted, that men, from the monarch down to the porter, are constantly aiming at
power and importance and this propensity must be as constantly guarded against in the
forms of the government. Adequate powers must be delegated to those who govern, and
our security must be in limiting, defining, and guarding the exercise of them, so that those
given shall not be abused, or made use of for openly or secretly seizing more. Why do we
believe this abuse of power peculiar to a first magistrate? Is it because in the wars and
contests of men, one man has often established his power over the rest? Or are men
naturally fond of accumulating powers in the hands of one man? I do not see any
similitude between the cases of those tyrants, who have sprung up in the midst of wars and
tumults, and the cases of limited executives in established governments; nor shall we, on a
careful examination, discover much likeness between the executives in Sweden, Denmark,
Holland, &c. which have, from time to time, increased their powers, and become more
absolute, and the executives, whose powers are well ascertained and defined, and which
remain, by the constitution, only for a short and limited period in the hands of any one man
or family. A single man, or family, can long and effectually direct its exertions to one
point. There may be many favourable opportunities in the course of a man's life to seize on
additional powers, and many more where powers are hereditary; and there are many
circumstances favourable to usurpations, where the powers of the man or family are
undefined, and such as often may be unduly extended before the people discover it. If we
examine history attentively, we shall find that such exertions, such opportunities, and such
circumstances as these have attended all the executives which have usurped upon the rights
of the people, and which appear originally to have been, in some degree, limited.
Admitting that moderate and even well defined powers, long in the hands of the same man
or family, will, probably, be unreasonably increased, it will not follow that even extensive
powers placed in the hands of a man only for a few years will be abused. The Roman
consuls and Carthagenian suffetes possessed extensive powers while in office; but being
annually appointed, they but seldom, if ever, abused them. The Roman dictators often
possessed absolute power while in office; but usually being elected for short periods of
time, no one of them for ages usurped upon the rights of the people. The kings of France,
Spain, Sweden, Denmark, &c. have become absolute merely from the encroachments and
abuse of power made by the nobles. As to kings, and limited monarchs, generally, history
furnishes many more instances in which their powers have been abridged or annihilated by
the nobles or people, or both, than in which they have been increased or made absolute;
and in almost all the latter cases, we find the people were inattentive and fickle, and
evidently were not born to be free. I am the more particular respecting this subject, because
I have heard many mistaken observations relative to it. Men of property, and even men
who hold powers for themselves and posterity, have too much to lose, wantonly to hazard a
shock of the political system; the game must be large, and the chance of winning great, to
induce them to risque what they have, for the uncertain prospect of gaining more. Our
executive may be altogether elective, and possess no power, but as the substitute of the
people, and that well limited, and only for a limited time. The great object is, in a
republican government, to guard effectually against perpetuating any portion of power,
great or small, in the same man or family; this perpetuation of power is totally uncongenial
to the true spirit of republican governments: on the one hand the first executive magistrate
ought to remain in office so long as to avoid instability in the execution of the laws; on the
other, not so long as to enable him to take any measures to establish himself. The
convention, it seems, first agreed that the president should be chosen for seven years, and
never after to be eligible. Whether seven years is a period too long or not, is rather matter
of opinion; but clear it is, that this mode is infinitely preferable to the one finally adopted.
When a man shall get the chair, who may be re-elected, from time to time, for life, his
greatest object will be to keep it; to gain friends and votes, at any rate; to associate some
favourite son with himself, to take the office after him: whenever he shall have any
prospect of continuing the office in himself and family, he will spare no artifice, no
address, and no exertions, to increase the powers and importance of it; the servile
supporters of his wishes will be placed in all offices, and tools constantly employed to aid
his views and sound his praise. A man so situated will have no permanent interest in the
government to lose, by contests and convulsions in the state, but always much to gain, and
frequently the seducing and flattering hope of succeeding. If we reason at all on the
subject, we must irresistably conclude, that this will be the case with nine tenths of the
presidents; we may have, for the first president, and, perhaps, one in a century or two
afterwards (if the government should withstand the attacks of others) a great and good
man, governed by superior motives; but these are not events to be calculated upon in the
present state of human nature.

A man chosen to this important office for a limited period, and always afterwards rendered,
by the constitution, ineligible, will be governed by very different considerations: he can
have no rational hopes or expectations of retaining his office after the expiration of a
known limited time, or of continuing the office in his family, as by the constitution there
must be a constant transfer of it from one man to another, and consequently from one
family to another. No man will wish to be a mere cypher at the head of the government: the
great object of each president then will be, to render his government a glorious period in
the annals of his country. When a man constitutionally retires from office, he retires
without pain; he is sensible he retires because the laws direct it, and not from the success
of his rivals, nor with that public disapprobation which being left out, when eligible,
implies. It is said, that a man knowing that at a given period he must quit his office, will
unjustly attempt to take from the public, and lay in store the means of support and
splendour in his retirement; there can, I think, be but very little in this observation. The
same constitution that makes a man eligible for a given period only, ought to make no man
eligible till he arrive to the age of forty or forty-five years: if he be a man of fortune, he
will retire with dignity to his estate; if not, he may, like the Roman consuls, and other
eminent characters in republics, find an honorable support and employment in some
respectable office. A man who must, at all events, thus leave his office, will have but few
or no temptations to fill its dependant offices with his tools, or any particular set of men;
whereas the man constantly looking forward to his future elections, and, perhaps, to the
aggrandizement of his family, will have every inducement before him to fill all places with
his own props and dependants. As to public monies, the president need handle none of
them, and he may always rigidly be made [to] account for every shilling he shall receive.
On the whole, it would be, in my opinion, almost as well to create a limited monarchy at
once, and give some family permanent power and interest in the community, and let it have
something valuable to itself to lose in convulsions in the state, and in attempts of
usurpation, as to make a first magistrate eligible for life, and to create hopes and
expectations in him and his family, of obtaining what they have not. In the latter case, we
actually tempt them to disturb the state, to foment struggles and contests, by laying before
them the flattering prospect of gaining much in them without risking any thing.
The constitution provides only that the president shall hold his office during the term of
four years; that, at most, only implies, that one shall be chosen every fourth year; it also
provides, that in case of the removal, death, resignation, or inability, both of the president
and vice-president, congress may declare what officer shall act as president; and that such
officers shall act accordingly, until the disability be removed, or a president shall be
elected: it also provides that congress may determine the time of chusing electors, and the
day on which they shall give their votes. Considering these clauses together, I submit this
question whether in case of a vacancy in the office of president, by the removal, death,
resignation, or inability of the president and vice-president, and congress should declare,
that a certain officer, as secretary for foreign affairs, for instance, shall act as president, and
suffer such officer to continue several years, or even for his life, to act as president, by
omitting to appoint the time for chusing electors of another president, it would be any
breach of the constitution? This appears to me to be an intended provision for supplying
the office of president, not only for any remaining portion of the four years, but in cases of
emergency, until another president shall be elected; and that at a period beyond the
expiration of the four years: we do not know that it is impossible; we do not know that it is
improbable, in case a popular officer should thus be declared the acting president, but that
he might continue for life, and without any violent act, but merely by neglects and delays
on the part of congress.
I shall conclude my observations on the organization of the legislature and executive, with
making some remarks, rather as a matter of amusement, on the branch, or partial negative,
in the legislation: The third branch in the legislature may answer three valuable purposes,
to impede in their passage hasty and intemperate laws, occasionally to assist the senate or
people, and to prevent the legislature from encroaching upon the executive or judiciary. In
Great Britain the king has a complete negative upon all laws, but he very seldom exercises
it. This may be well lodged in him, who possesses strength to support it, and whose family
has independent and hereditary interests and powers, rights and prerogatives, in the
government, to defend: but in a country where the first executive officer is elective, and
has no rights, but in common with the people, a partial negative in legislation, as in
Massachusetts and New-York, is, in my opinion, clearly best: in the former state, as before
observed, it is lodged in the governor alone; in the latter, in the governor, chancellor, and
judges of the supreme court the new constitution lodges it in the president. This is simply a
branch of legislative power, and has in itself no relation to executive or judicial powers.
The question is, in what hands ought it to be lodged, to answer the three purposes
mentioned the most advantageously? The prevailing opinion seems to be in favour of
vesting it in the hands of the first executive magistrate. I will not say this opinion is ill
founded. The negative, in one case, is intended to prevent hasty laws, not supported and
revised by two-thirds of each of the two branches; in the second, it is to aid the weaker
branch; and in the third, to defend the executive and judiciary. To answer these ends, there
ought, therefore, to be collected in the hands which hold this negative, firmness, wisdom,
and strength; the very object of the negative is occasional opposition to the two branches.
By lodging it in the executive magistrate, we give him a share in making the laws, which
he must execute; by associating the judges with him, as in New-York, we give them a
share in making the laws, upon which they must decide as judicial magistrates; this may be
a reason for excluding the judges: however, the negative in New-York is certainly well
calculated to answer its great purposes: the governor and judges united must possess more
firmness and strength, more wisdom and information, than either alone, and also more of
the confidence of the people; and as to the balance among the departments, why should the
executive alone hold the scales, and the judicial be left defenceless? I think the negative in
New-York is found best in practice; we see it there frequently and wisely put upon the
measures of the two branches; whereas in Massachusetts it is hardly ever exercised, and
the governor, I believe, has often permitted laws to pass to which he had substantial
objections, but did not make them; he, however, it is to be observed, is annually elected.

Anti-Federalist No. 70, The Powers and Dangerous Potentials of His Elected Majesty
by An Old Whig
AN OLD WHIG's" essay from The New-York Journal of December 11, 1787.
. In the first place the office of president of the United States appears to me to be clothed
with such powers as are dangerous. To be the fountain of all honors in the United States
commander in chief of the army, navy, and militia; with the power of making treaties and
of granting pardons; and to be vested with an authority to put a negative upon all laws,
unless two thirds of both houses shall persist in enacting it, and put their names down upon
calling the yeas and nays for that purposeis in reality to be a king, as much a king as the
king of Great Britain, and a king too of the worst kind: an elective king. If such powers as
these are to be trusted in the hands of any man, they ought, for the sake of preserving the
peace of the community, at once to be made hereditary. Much as I abhor kingly
government, yet I venture to pronounce, where kings are admitted to rule they should most
certainly be vested with hereditary power. The election of a king whether it be in America
or Poland, will be a scene of horror and confusion; and I am perfectly serious when I
declare, that, as a friend to my country, I shall despair of any happiness in the United
States until this office is either reduced to a lower pitch of power, or made perpetual and
hereditary. When I say that our future president will be as much a king as the king of Great
Britain, I only ask of my readers to look into the constitution of that country, and then tell
me what important prerogative the king of Great Britain is entitled to which does not also
belong to the president during his continuance in office. The king of Great Britain, it is
true, can create nobility which our president cannot; but our president will have the power
of making all the great men, which comes to the same thing. All the difference is, that we
shall be embroiled in contention about the choice of the man, while they are at peace under
the security of an hereditary succession. To be tumbled headlong from the pinnacle of
greatness and be reduced to a shadow of departed royalty, is a shock almost too great for
human nature to endure. It will cost a man many struggles to resign such eminent powers,
and ere long, we shall find some one who will be very unwilling to part with them. Let us
suppose this man to be a favorite with his army, and that they are unwilling to part with
their beloved commander in chiefor to make the thing familiar, let us suppose a future
president and commander in chief adored by his army and the militia to as great a degree
as our late illustrious commander in chief; and we have only to suppose one thing more,
that this man is without the virtue, the moderation and love of liberty which possessed the
mind of our late generaland this country will be involved at once in war and tyranny. So
far is it from its being improbable that the man who shall hereafter be in a situation to
make the attempt to perpetuate his own power, should want the virtues of General
Washington, that it is perhaps a chance of one hundred millions to one that the next age
will not furnish an example of so disinterested a use of great power. We may also suppose,
without trespassing upon the bounds of probability, that this man may not have the means
of supporting, in private life, the dignity of his former station; that like Caesar, he may be
at once ambitious and poor, and deeply involved in debt. Such a man would die a thousand
deaths rather than sink from the heights of splendor and power, into obscurity and
wretchedness. We are certainly about giving our president too much or too little; and in the
course of less than twenty years we shall find that we have given him enough to enable
him to take all. It would be infinitely more prudent to give him at once as much as would
content him, so that we might be able to retain the rest in peace, for if once power is seized
by violence, not the least fragment of liberty will survive the shock. I would therefore
advise my countrymen seriously to ask themselves this question: Whether they are
prepared to receive a king? If they are, to say so at once, and make the kingly office
hereditary; to frame a constitution that should set bounds to his power, and, as far as
possible, secure the liberty of the subject. If we are not prepared to receive a king, let us
call another convention to revise the proposed constitution, and form it anew on the
principles of a confederacy of free republics; but by no means, under pretense of a
republic, to lay the foundation for a military government, which is the worst of all
tyrannies.

Anti-Federalist No. 71, The Presidential Term of Office
Part 1: Luther Martin, The Genuine Information

Part 2: An excerpt from the 19th letter of "AGRIPPA" appearing in The Massachusetts
Gazette on February 5, 1788.
Part 3: From by "A CUSTOMER" in the Maine Cumberland Gazette, March 13, 1788
Luther Martin
by Luther Martin
. The second article relates to the executivehis mode of election, his powers, and the
length of time he should continue in office.
On this subject there was a great diversity of sentiment [at the Philadelphia constitutional
convention]. Many of the members were desirous that the President should be elected for
seven years, and not to be eligible a second time. Others proposed that he should not be
absolutely ineligible, but that he should not be capable of being chosen a second time, until
the expiration of a certain number of years. The supporters of the above proposition went
upon the idea that the best security for liberty was a limited duration, and a rotation of
office, in the chief executive department.
There was a party who attempted to have the President appointed during good behavior,
without any limitation as to time; and, not being able to succeed in that attempt, they then
endeavored to have him reeligible without any restraint. It was objected that the choice of a
President to continue in office during good behavior, would at once be rendering our
system an elective monarchy; and that, if the President was to be reeligible without any
interval of disqualification, it would amount nearly to the same thing, since, from the
powers that the President is to enjoy, and the interests and influence with which they will
be attended, he will be almost absolutely certain of being reelected from time to time, as
long as he lives. As the propositions were reported by the committee of the whole house,
the President was to be chosen for seven years, and not to be eligible at any time after. In
the same manner, the proposition was agreed to in Convention; and so it was reported by
the committee of detail, although a variety of attempts were made to alter that part of the
system by those who were of a contrary opinion, in which they repeatedly failed; but, sir,
by never losing sight of their object, and choosing a proper time for their purpose, they
succeeded, at length, in obtaining the alteration, which was not made until within the last
twelve days before the Convention adjourned.
Agrippa XIX
5 February 1788

To the Massachusetts Convention.
Gentlemen,
In my last address I ascertained. from historical records, the following principles: that. in
the original state of government, the whole power resides in the whole body of the nation;
that when a people appoint certain persons to govern them, they delegate their whole
power; that a constitution is not itself a bill of rights; and that, whatever is the form of
government, a bill of rights is essential to the security of the persons and property of the
people. It is an idea favorable to the interest of mankind at large, that government is
founded in compact. Several instances may be produced of it; but none is more remarkable
than our own. In general I have chosen to apply to such facts as are in the reach of my
readers. For this purpose I have chiefly confined myself to examples drawn from the
history of our own country, and to the old testament. It is in the power of every reader to
verify examples thus substantiated. Even in the remarkable argument on the fourth section,
relative to the power over election, I was far from stating the worst of it, as it respects the
adverse party. A gentleman, respectable in many points, but more especially for his
systematic and perspicuous reasoning in his profession. has repeatedly stated to the
Convention among his reasons in favour of that section, that the Rhode-lsland assembly
have for a considerable time past had a bill lying on their table for altering the manner of
elections for representatives in that state. He has stated it with all the zeal of a person who
believed his argument to be a good one. But surely a bill lying on a table can never be
considered as any more than an intention to pass it, and nobody pretends that it ever
actually did pass. It is in strictness only the intention of a part of the assembly, for nobody
can aver that it ever will pass. I write not with an intention to deceive, but that the whole
argument may be stated fairly. Much eloquence and ingenuity have been employed in
shewing that side of the argument in favour of the proposed constitution; but it ought to be
considered that if we accept it upon mere verbal explanations, we shall find ourselves
deceived. I appeal to the knowledge of every one, if it does not frequently happen, that a
law is interpreted in practice very differently from the intention of the legislature. Hence
arises the necessity of acts to amend and explain former acts. This is not an inconvenience
in the common and ordinary business of legislation; but is a great one in a constitution. A
constitution is a legislative act of the whole people. It is an excellence that it should be
permanent, otherwise we are exposed to perpetual insecurity from the fluctuation of
government. We should be in the same situation as under absolute government, sometimes
exposed to the pressure of greater, and sometimes unprotected by the weaker power in the
sovereign.
It is now generally understood, that it is for the security of the people, that the powers of
the government should be lodged in different branches. By this means publick business
will go on when they all agree, and stop when they disagree. The advantage of checks in
government is thus manifested, where the concurrence of different branches is necessary to
the same act. but the advantage of a division of business is advantageous in other respects.
AS in every extensive empire, local laws are necessary to suit the different interests, no
single legislature is adequate to the business. All human capacities are limited to a narrow
space; and as no individual is capable of practicing a great variety of trades, no single
legislature is capable of managing all the variety of national and state concerns. Even if a
legislature was capable of it, the business of the judicial department must, from the same
cause, be slovenly done. Hence arises the necessity of a division of the business into
national and local. Each department ought to have all the powers necessary for executing
its own business, under such limitations as tend to secure us from any inequality in the
operations of government. I know it is often asked against whom in a government by
representation is a bill of rights to secure us? I answer, that such a government is indeed a
government by ourselves; but as a just government protects all alike, it is necessary that the
sober and industrious part of the community should be defended from the rapacity and
violence of the vicious and idle. A bill of rights therefore, ought to set forth the purposes
for which the compact is made, and serves to secure the minority against the usurpation
and tyranny of the majority. It is a just observation of his excellency, doctor Adams in his
learned defence of the American constitutions, that unbridled passions produce the same
effect whether in a king, nobility, or a mob. The experience of all mankind has proved the
prevalence of a disposition to use power wantonly. It is therefore as necessary to defend an
individual against the majority in a republick as against the king in a monarchy. Our state
constitution has wisely guarded this point. The present confederation has also done it.
I confess that I have yet seen no sufficient reason for not amending the confederation,
though I have weighed the argument with candour. I think it would be much easier to
amend it than the new constitution. But this is a point on which men of very respectable
character differ. There is another point in which nearly all agree. and that is. that the new
constitution would be better in many respects if it had been differently framed. Here the
question is not so much what the amendments ought to be, as in what manner they shall be
made; whether they shall be made as conditions of our accepting the constitution, or
whether we shall first accept it, and then try to amend it. I can hardly conceive that it
should seriously be made a question. If the first question, whether we will receive it as it
stands, be negatived, as it undoubtedly ought to be, while the conviction remains that
amendments are necessary; the next question will be, what amendments shall be made?
Here permit an individual, who glories in being a citizen of Massachusetts. and who is
anxious that the|her?] character may remain undiminished, to propose such articles as
appear to him necessary for preserving the rights of the state, He means not to retract any
thing with regard to the expediency of amending the old confederation, and rejecting the
new one totally; but only to make a proposition which he thinks comprehends the general
idea of all parties. if the new constitution means no more than the friends of it
acknowledge, they certainly can have no objection to affixing a declaration in favour of the
rights of states and of citizens, especially as a majority of the states have not yet voted
upon it
Resolved, that the constitution lately proposed for the United States be received only upon
the following conditions:
1. Congress shall have no power to alter the time, place or manner of elections, nor any
authority over elections, otherwise than by fining such state as shall neglect to send its
representatives or senators, a sum not exceeding the expense of supporting its
representatives or senators one year.

2. Congress shall not have the power of regulating the intercourse between the states. nor
to levy any direct tax on polls or estates, or any excise.
3. Congress shall not have power to try causes between a state and citizens of another state.
nor between citizens of different states; nor to make any laws relative to the transfer of
property between those parties, nor any other matter which shall originate in the body of
any state.
4. It shall be left to every state to make and execute its own laws, except laws impairing
contracts. which shall not be made at all.
5. Congress shall not incorporate any trading companies, nor alienate the territory of any
state. And no treaty, ordinance or law of the United States shall be valid for these purposes.
6. Each state shall have the command of its own militia.
7. No continental army shall come within the limits of any state, other than garrison to
guard the publick stores. without the consent of such states in time of peace.
8. The president shall be chosen annually and shall serve but one year, and shall be chosen
successively from the different states, changing every year.
In contrast to No. 8, see Federalist No. 71
9. The judicial department shall be confined to cases in which ambassadours are

concerned, to cases depending upon treaties, to offences committed upon the high seas, to
the capture of prizes, and to cases in which a foreigner residing in some foreign country
shall be a party, and an American state or citizen shall be the other party; provided no suit
shall be brought upon a state note.
10. Every state may emit bills of credit without making them a tender, and may coin
money. of silver, gold or copper, according to the continental standard.
11. No powers shall be exercised by Congress or the president but such as are expressly
given by this constitution and not excepted against by this declaration. And any office
[officer?] of the United States offending against an individual state shall be held
accountable to such state as any other citizen would be.
12. No officer of Congress shall be free from arrest for debt by authority of the state in
which the debt shall be due.
13. Nothing in this constitution shall deprive a citizen of any state of the benefit of the bill
of rights established by the constitution of the state in which he shall reside, and such bills
of rights shall be considered as valid in any court of the United States where they shall be
pleaded.

14. In all those causes which are triable before the continental courts, the trial by jury shall
be held sacred.
These at present appear to me the most important points to be guarded. I have mentioned a
reservation of excise to the separate states, because it is necessary, that they should have
some way to discharge their own debts, and because it is placing them in an humiliating&
disgraceful situation to depute them to transact the business of internal government without
the means to carry in on. It is necessary also, as a check on the national government, for it
has hardly been known that any government having the powers of war, peace, and revenue,
has failed to engage in needless and wanton expense. A reservation of this kind is therefore
necessary to preserve the importance of the state governments: without this the extremes of
the empire will in a very short time sink into the same degradation and contempt with
respect to the middle state as Ireland, Scotland. & Wales, are in with regard to England. All
the men of genius and wealth will resort to the seat of government, that will be center of
revenue, and of business. which the extremes will be drained to supply.
This is not mere vision, it is justified by the whole course of things. We shall therefore, if
we neglect the present opportunity to secure ourselves, only encrease the number of proofs,
already too many, that mankind are incapable of enjoying their liberty. I have been the
more particular in stating the amendments to be made, because many gentlemen think it
would be preferable to receive the new system with corrections. I have by this means
brought the corrections into one view, and shewn several of the principal points in which it
is unguarded. As it is agreed, at least professedly, on all sides. that those rights should be
guarded, it is among the inferiour questions in what manner it is done, provided it is
absolutely and effectually done. For my own part, I am fully of opinion, that it would be
best to reject this plan, and pass an explicit resolve, defining the powers of Congress to
regulate the intercourse between us and foreign nations. under such restrictions as shall
render their regulations equal in all parts of the empire. The impost. if well collected,
would be fully equal to the interest of the foreign debt, and the current changes of the
national government. It is evidently for our interest that the charges should be as small as
possible. It is also for our interest that the western lands should, as fast as possible, be
applied to the purpose of paying the home debt. Internal taxation and that fund have
already paid two thirds of the whole debt, notwithstanding the embarrassments usual at the
end of a war.
We are now rising fast above our difficulties, every thing at home has the appearance of
improvement, government is well established, manufactures increasing rapidly, and trade
expanding, Till since the peace we never sent a ship to India, and the present year, it is
said, sends above a dozen vessels from this state only, to the countries round the Indian
ocean. Vast quantities of our produce are exported to those countries. It has been so much
the practice of European nations to farm out this branch of trade, that we ought to be
exceedingly jealous of our right. The manufactures of the state probably exceed in value
one million pounds, for the last year. Most of the useful and some ornamental fabricks are
established. There is great danger of these improvements being injured unless we practice
extreme caution at setting out. It will always be for the interest of the southern states to
raise a revenue from the more commercial ones. It is said that the consumer pays it; But
does not a commercial state consume more foreign goods than a landed one? The people
are more crouded, and of consequence the land is less able to support them. We know it is
to be a favourite system to raise the money where it is. But the money is to be expended at
another place, and is therefore so much withdrawn annually from our stock. This is a single
instance of the difference of interest; it would be very easy to produce others. Innumerable
are the differences of manners, and these produce differences in the laws. Uniformity in
legislation is of no more importance than in religion; Yet the framers of this new
constitution did not even think it necessary that the president should believe that there is a
God. although they require an oath of him. It would be easy to shew the propriety of a
general declaration upon that subject. But this paper is already extended too far.
Another reason which I had in stating the amendments to be made, was to shew how nearly
those who are for admitting the system with the necessary alterations, agree with those
who are for rejecting this system and amending the confederation. In point of convenience,
the confederation amended would be infinitely preferable to the proposed constitution. In
amending the former, we know the powers granted, and are subject to no perplexity; but in
reforming the latter, the business is excessively intricate, and great part of the checks on
Congress are lost. It is to be remembered too, that if you are so far charmed with
eloquence, and misled by fair representations and charitable constructions, as to adopt an
undefined system, there will be no saying afterwards that you were mistaken, and wish to
correct it. It will then be the constitution of our country, and entitled to defence. If
Congress should chuse to avail themselves of a popular commotion to continue in being, as
the fourth section justifies, and as the British parliament has repeatedly done, the only
answer will be, that it is the constitution of our country, and the people chose it. It is
therefore necessary to be exceedingly critical. Whatsoever way shall be chosen to secure
our rights, the same resolve ought to contain the whole system of amendment. If it is
rejected, the resolve should contain the amendations of the old system; and if accepted, it
should contain the corrections of the new one.
The Presidential Term of Office
by A Customer
From "A CUSTOMER" in the Maine Cumberland Gazette, March 13, 1788.
I have one difficulty in my mind respecting our admirable Constitution, which I hope
somebody will attempt to remove. Art. 3, sect. 1: "The executive power shall be vested in a
President of the United States of America. He shall hold his office during the term of four
years." Here is no declaration that a new one shall be chosen at the expiration of that time.
"Congress may determine the time of choosing the electors; and the day on which they
shall give their votes." But suppose they should think it for the public good, after the first
election, to appoint the first Tuesday of September, in the year two thousand, for the
purpose of choosing the second President; and by law empower the Chief Justice of the
Supreme Judicial Court to act as President until that time. However disagreeable it might
be to the majority of the States, I do not see but that they are left without a remedy,
provided four States should be satisfied with the measure. The President elected is not to
receive any other emolument; yet the Chief Justice is not disqualified as a Judge. Why did
our worthy Chief Justice, at Cambridge the year past, in his address to the Grand Jury, call
upon them to support "that free and excellent Constitution, which it has cost the blood of
thousands of our friends and fellow citizens to establish; that Constitution which has
carefully separated and distinguished the principal departments of power, that they might
never combine against the liberty of the subject"if it is not a necessary article in a
constitution? If necessary in a State constitution, why not in one for the whole people?
Was it not as easy to have said the President should be chosen every fourth year, as to have
said the Representatives shall be chosen every second year? The celebrated Mr. King
observes that this is not a confederation of Statesfor the style is in the name of the
people. Therefore, it appears to me, the rights of the people should be as well guarded, on
this point, here, as in the constitution of a State.

Anti-Federalist No. 72, On the Electoral College; On Reeligibility of the President
by Republicus
By an anonymous writer "REPUBLICUS," appearing in The Kentucky Gazette on March

1, 1788.
. . I go now to Art. 2, Sec. 1, which vest the supreme continental executive power in a
presidentin order to the choice of whom, the legislative body of each state is empowered
to point out to their constituents some mode of choice, or (to save trouble) may choose
themselves, a certain number of electors, who shall meet in their respective states, and vote
by ballot, for two persons, one of whom, at least, shall not be an inhabitant of the same
state with themselves. Or in other words, they shall vote for two, one or both of whom they
know nothing of. An extraordinary refinement this, on the plain simple business of
election; and of which the grand convention have certainly the honor of being the first
inventors; and that for an officer too, of so much importance as a presidentinvested with
legislative and executive powers; who is to be commander in chief of the army, navy,
militia, etc.; grant reprieves and pardons; have a temporary negative on all bills and
resolves; convene and adjourn both houses of congress; be supreme conservator of laws;
commission all officers; make treaties; and who is to continue four years, and is only
removable on conviction of treason or bribery, and triable only by the senate, who are to be
his own council, whose interest in every instance runs parallel with his own, and who are
neither the officers of the people, nor accountable to them.
Is it then become necessary, that a free people should first resign their right of suffrage into
other hands besides their own, and then, secondly, that they to whom they resign it should
be compelled to choose men, whose persons, characters, manners, or principles they know
nothing of? And, after all (excepting some such change as is not likely to happen twice in
the same century) to intrust Congress with the final decision at last? Is it necessary, is it
rational, that the sacred rights of mankind should thus dwindle down to Electors of
electors, and those again electors of other electors? This seems to be degrading them even
below the prophetical curse denounced by the good old patriarch, on the offspring of his
degenerate son: "servant of servants"
Again I would ask (considering how prone mankind are to engross power, and then to
abuse it) is it not probable, at least possible, that the president who is to be vested with all
this demiomnipotencewho is not chosen by the community; and who consequently, as to
them, is irresponsible and independentthat he, I say, by a few artful and dependent
emissaries in Congress, may not only perpetuate his own personal administration, but also
make it hereditary? By the same means, he may render his suspensive power over the laws
as operative and permanent as that of G. the 3d over the acts of the British parliament; and
under the modest title of president, may exercise the combined authority of legislation and
execution, in a latitude yet unthought of. Upon his being invested with those powers a
second or third time, he may acquire such enormous influenceas, added to his
uncontrollable power over the army, navy, and militia; together with his private interest in
the officers of all these different departments, who are all to be appointed by himself, and
so his creatures, in the true political sense of the word; and more especially when added to
all this, he has the power of forming treaties and alliances, and calling them to his
assistancethat he may, I say, under all these advantages and almost irresistible
temptations, on some pretended pique, haughtily and contemptuously, turn our poor lower
house (the only shadow of liberty we shall have left) out of doors, and give us law at the
bayonet's point. Or, may not the senate, who are nearly in the same situation, with respect
to the people, from similar motives and by similar means, erect themselves easily into an
oligarchy, towards which they have already attempted so large a stride? To one of which
channels, or rather to a confluence of both, we seem to be fast gliding away; and the
moment we arrive at itfarewell liberty.
To conclude, I can think of but one source of right to government, or any branch of itand
that is THE PEOPLE. They, and only they, have a right to determine whether they will
make laws, or execute them, or do both in a collective body, or by a delegated authority.
Delegation is a positive actual investiture. Therefore if any people are subjected to an
authority which they have not thus actually choseneven though they may have tamely
submitted to ityet it is not their legitimate government. They are wholly passive, and as
far as they are so, are in a state of slavery. Thank heaven we are not yet arrived at that
state. And while we continue to have sense enough to discover and detect, and virtue
enough to detest and oppose every attempt, either of force or fraud, either from without or
within, to bring us into it, we never will.
Let us therefore continue united in the cause of rational liberty. Let unity and liberty be our
mark as well as our motto. For only such an union can secure our freedom; and division
will inevitably destroy it. Thus a mountain of sand may peace meal [sic] be removed by the
feeble hands of a child; but if consolidated into a rock, it mocks the united efforts of
mankind, and can only fall in a general wreck of nature.

Anti-Federalist No. 73, Presidential Veto Power
by William Penn
Does the Presidential Veto Power Infringe on the Separation of Departments?
"WILLIAM PENN", an anonymous writer appeared in the [Philadelphia] Independent

Gazetteer on January 3, 1788.
I believe that it is universally agreed upon in this enlightened country, that all power
residing originally in the people, and being derived from them, they ought to be governed
by themselves only, or by their immediate representatives. I shall not spend any time in
explaining a principle so well and so generally understood, but I shall proceed immediately
to that which I conceive to be the next in order.
The next principle, without which it must be clear that no free government can ever
subsist, is the DIVISION OF POWER among those who are charged with the execution of
it. It has always been the favorite maxim of princes, to divide the people, in order to
govern them. It is now time that the people should avail themselves of the same maxim,
and divide powers among their rulers, in order to prevent their abusing it. The application
of this great political truth, has long been unknown to the world, and yet it is grounded
upon a very plain natural principle. If, says Montesquieu, the same man, or body of men, is
possessed both of the legislative and executive power, there is NO LIBERTY, because it
may be feared that the same monarch, or the same senate, will enact tyrannical laws, in
order to execute them in a tyrannical manner. Nothing can be clearer, and the natural
disposition of man to ambition and power makes it probable that such would be the
consequence. Suppose for instance, that the same body, which has the power of raising
money by taxes, is also entrusted with the application of that money, they will very
probably raise large sums, and apply them to their own private uses. If they are empowered
to create offices, and appoint the officers, they will take that opportunity of providing for
themselves, and their friends, and if they have the power of inflicting penalties for
offenses, and of trying the offenders, there will be no bounds to their tyranny. Liberty
therefore can only subsist, where the powers of government are properly divided, and
where the different jurisdictions are inviolably kept distinct and separate.
(1) I shall illustrate this doctrine by an example. A burgher of a certain borough of

Switzerland was elected Bailiff, or Chief Magistrate, for one year, according to the
constitution of the place. Shortly after his appointment, he sent for one of his neighbors,
and ordered him to pull off his boots. The honest neighbor was astonished, and attempted
to remonstrate, but the bailiff was determined to exert his authority, and threatened to send
him to jail, if he did not yield him an immediate obedience. The poor man was forced to
comply, for the bailiff was vested with power, both legislative and executive. He pulled off
his worship's boots, but said to him, "When I am appointed bailiff in my turn, you shall
pull off my boots and clean them too."

The first and most natural division of the powers of government are into the legislative and
executive branches. These two should never be suffered to have the least share of each
other's jurisdiction, or to intermeddle with it in any manner. For whichever of the two
divides its power with the other, will certainly be subordinate to it; and if they both have a
share of each other's authority, they will be in fact but one body. Their interest as well as
their powers will be the same, and they will combine together against the people.
It is therefore a political error of the greatest magnitude, to allow the executive power a
negative, or in fact any kind of control over the proceedings of the legislature. The people
of Great Britain have been so sensible of this truth, that since the days of William III, no
king of England has dared to exercise the negative over the acts of the two houses of
parliament, to which he is clearly entitled by his prerogative.
This doctrine is not novel in America; it seems on the contrary to be everywhere well
understood and admitted beyond controversy. In the bills of rights or constitutions of New-
Hampshire, Massachusetts, Maryland, Virginia, North-Carolina and Georgia, it is
expressly declared, "That the legislative, executive and judicial departments, shall be
forever separate and distinct from each other." In Pennsylvania and Delaware, they are
effectually separated without any particular declaration of the principle. In the other states
indeed, the executive branch possesses more or less of the executive power. And here it
must appear singular that the state of Massachusettswhere the doctrine of a separate
jurisdiction is most positively established, and in whose bill of rights these remarkable
words are to be found, "The executive shall never exercise the legislative and judicial
powers, or either of them, to the end it may be a government of laws and not of men" (sect.
30)yet in that commonwealth and New-Hampshire, the executive branch, which consists
of a single magistrate, has more control over the legislature than in any other state. For
there, if the governor refuses his assent to a bill, it cannot be passed into a law, unless two
thirds of the house afterwards concur. In New York the same power is given to a Council
of Revision, consisting of the Governor, the Chancellor and judges of the Supreme Court,
or any three of them, of which the Governor is to be one. In Rhode-Island and Connecticut,
whose governments were established before the revolution, the Governor has a single vote
as a member of the upper house, and New Jersey has adopted this part of their constitution.
In Georgia the laws are to be revised by the Governor and Council, but they can do no
more than give their opinion upon them. In Maryland the bills are to be signed by the
Governor before they can be enacted; and in South-Carolina they are to be sealed with the
great sea], which is in the Governor's custody. But in the first of these states, the
constitution prescribes that the Governor shall sign the bills; and in the latter, a joint
committee of both houses of legislature is to wait upon the chief magistrate to receive and
return the great seat, which implies that he is bound to deliver it to them, for the special
purpose of affixing it to the laws of the state. Pennsylvania has proceeded upon a much
more rational ground, their legislature having a particular seal of their own, and their laws
requiring only to be signed by the speaker. It in Maryland or South-Carolina a difference
should ever arise between the legislature and the Governor, and the latter should refuse to
sign the laws, or to deliver the great seal, the most fatal consequences might ensue.
Here then we see the great leading principle of the absolute division of the legislative from
the executive jurisdiction, admitted in almost every one of the American states as a
fundamental maxim in the politics of a free country. The theory of this general doctrine is
everywhere established, though a few states have somewhat swerved from it in the
practice. From whence we must conclude, that even the knowledge and full conviction of a
new political truth will not always immediately conquer inveterate habits and prejudices.
The idea of the negative, which the constitution of England gives to the monarch over the
proceedings of the other branches of parliament, although it has so long become obsolete,
has had an effect upon timid minds, and upon the minds of those who could not distinguish
between the form and spirit of the British constitution. They would not grant to the
executive branch an absolute negative over the legislature, but yet they tried every method
to introduce something similar to it. They reprobated the doctrine in the most express
words, and yet they could not bear to part entirely with it. It is curious to observe how
many different ways they have endeavored to conciliate truth with prejudice. Of those
states who have allowed the executive branch to intermeddle with the proceedings of the
legislature, no two (New Hampshire and Massachusetts excepted) have done it exactly in
the same manner. They have tried every possible medium, but having lost sight of the
original principle which they had already established, and which alone could have been
their safest guide, they groped about in the dark, and could not find any solid ground on
which to establish a general rule. Like Noah's dove, being once out of the ark of truth, they
could not find elsewhere a place to rest their feet.
These facts will no doubt afford an interesting page in the history of the contradictions of
the human mind. Unfortunately, they do not stand single, and this is not the only instance
that we find in the constitutions of the different states, of a general principle being
expressly declared as a part of the natural rights of the citizens, and afterwards being as
expressly contradicted in the practice. Thus we find it declared in every one of our bills of
rights, "that there shall be a perfect liberty of conscience, and that no sect shall ever be
entitled to a preference over the others." Yet in Massachusetts and Maryland, all the
officers of government, and in Pennsylvania the members of the legislature, are to be of the
Christian religion; in New-Jersey, North-Carolina, and Georgia, the Protestant, and in
Delaware, the trinitarian sects, have an exclusive right to public employment; and in
South-Carolina the constitution goes so far as to declare the creed of the established
church. Virginia and New-York are the only states where there is a perfect liberty of
conscience. I cannot say any thing as to Connecticut and Rhode-Island, as their
constitutions are silent on the subject, and I have not been informed of their practice.
Whether these religious restrictions are right or wrong, it is not my intention, nor is it my
object to examine in the course of these disquisitions. I only meant to show, that in laying
down a political system it is safer to rely on principles than upon precedents, because the
former are fixed and immutable, while the latter vary with men, places, times and
circumstances.

Anti-Federalist No. 74, The President as Military King
by Philadelphiensis
"PHILADELPHIENSIS", who was influenced by Thomas Paine (in "Common Sense),

wrote the following selection. It is taken from 3 essays which appearing February 6 & 20,
and April 9 of 1788 in either The Freeman's Journal or, The North-American Intelligencer.
Before martial law is declared to be the supreme law of the land, and your character of free
citizens be changed to that of the subjects of a military kingwhich are necessary
consequences of the adoption of the proposed constitutionlet me admonish you in the
name of sacred liberty, to make a solemn pause. Permit a freeman to address you, and to
solicit your attention to a cause wherein yourselves and your posterity are concerned. The
sun never shone upon a more important one. It is the cause of freedom of a whole
continent of yourselves and of your fellow men.
A conspiracy against the freedom of America, both deep and dangerous, has been formed
by an infernal junto of demagogues. Our thirteen free commonwealths are to be
consolidated into one despotic monarchy. Is not this position obvious? Its evidence is
intuitive . Who can deny but the president general will be a king to all intents and
purposes, and one of the most dangerous kind tooa king elected to command a standing
army. Thus our laws are to be administered by this tyrant; for the whole, or at least the
most important part of the executive department is put in his hands.
A quorum of 65 representatives, and of 26 senators, with a king at their head, are to

possess powers that extend to the lives, the liberties, and property of every citizen of
America. This novel system of government, were it possible to establish it, would be a
compound of monarchy and aristocracy, the most accursed that ever the world witnessed.
About 50 (these being a quorum) of the well born, and a military king, with a standing
army devoted to his will, are to have an uncontrolled power.
There is not a tincture of democracy in the proposed constitution, except the nominal
elections of the president general and the illustrious Congress be supposed to have some
color of that nature. But this is a mere deception, invented to gull the people into its
adoption. Its framers were well aware that some appearance of election ought to be
observed, especially in regard to the first Congress; for without such an appearance there
was not the smallest probability of their having it organized and set in operation. But let
the wheels of this government be once cleverly set in motion, and I'll answer for it, that the
people shall not be much troubled with future elections, especially in choosing their king
the standing army will do that business for them.
The thoughts of a military officer possessing such powers, as the proposed constitution
vests in the president general, are sufficient to excite in the mind of a freeman the most
alarming apprehensions; and ought to rouse him to oppose it at all events. Every freeman
of America ought to hold up this idea to himself: that he has no superior but God and the
laws. But this tyrant will be so much his superior, that he can at any time he thinks proper,
order him out in the militia to exercise, and to march when and where he pleases. His
officers can wantonly inflict the most disgraceful punishment on a peaceable citizen, under
pretense of disobedience, or the smallest neglect of militia duty.
The President-general, who is to be our king after this government is established, is vested
with powers exceeding those of the most despotic monarch we know of in modern times.
What a handsome return have these men [the authors of the Constitution] made to the
people of America for their confidence! Through the misconduct of these bold conspirators
we have lost the most glorious opportunity that any country ever had to establish a free
system of government. America under one purely democratical, would be rendered the
happiest and most powerful nation in the universe. But under the proposed one composed
of an elective king and a standing army, officered by his sycophants, the starvelings of the
Cincinnati, and an aristocratical Congress of the well-bornan iota of happiness, freedom,
or national strength cannot exist. What a pitiful figure will these ungrateful men make in
history; who, for the hopes of obtaining some lucrative employment, or of receiving a little
more homage from the rest of their fellow creatures, framed a system of oppression that
must involve in its consequences the misery of their own offspring.
Some feeble attempts have been made by the advocates of this system of tyranny, to
answer the objections made to the smallness of the number of representatives and senators,
and the improper powers delegated to them. But, as far as I recollect, no one has been
found bold enough to stand forth in defense of that dangerous and uncontrolled officer, the
President-General, or more properly, our new King.
A few pieces under the signature of An American Citizen' were published immediately
after the Constitution broke the shell, and the hydra made its way from the dark conclave
into the open light. In the first number the writer, in touching on the President, endeavored
to conceal his immense powers, by representing the King of Great Britain as possessed of
many hereditary prerogatives, rights and powers that he was not possessed of; that is, he
shows what he is not, but neglects to show what he really is. But so flimsy a palliative
could scarce escape the censure of the most ignorant advocate for such an officer; and
since [then] we hear of no further attempts to prove the necessity of a King being set over
the freemen of America.
The writer of these essays has clearly proven, that the President is a King to all intents and
purposes, and at the same time one of the most dangerous kind tooan elective King, the
commander in chief of a standing army, etc. And to those add, that he has a negative power
over the proceedings of both branches of the legislature. And to complete his uncontrolled
sway, he is neither restrained nor assisted by a privy council, which is a novelty in
government. I challenge the politicians of the whole continent to find in any period of
history a monarch more absolute.

Anti-Federalist No. 75, Treaty-making Provisions of the Constitution
by Hampden
A Note Protesting the Treaty-making Provisions of the Constitution
The following essay was penned anonymously by "HAMPDEN", and it appeared in The
Pittsburgh Gazette on February 16, 1788.
. It may be freely granted, that from a mistaken zeal in favor of that political liberty
which was so recently purchased at so costly a rate, even good men may give it [the
constitution] unreasonable opposition; but such men cannot be reasonably charged with
sordid personal interest as their motivebecause it is great and sudden changes which
produces opportunities of preferment. But that class of menwho either prompted by their
own ambition or desperate fortunes, are expecting employments under the proposed plan;
or those weak and ardent men who always expect to be gainers by revolutions, and who are
never contented, but always hastening from one difficulty to anothermay be expected to
ascribe every excellence to the proposed system, and to urge a thousand reasons for our
real or supposed distresses, to induce our adopting thereof. Such characters may also be
expected to promise us such extravagantly flattering advantages to arise from it, as if it was
accompanied with such miraculous divine energy as divided the Red Sea, and spoke with
thunder on Mount Sinai.
The first clause of the constitution assures us, that the legislative powers shall be vested in
a Congress, which shall consist of a senate and house of representatives; and in the second
clause of the second article, it is declared that the president, by and with the consent of the
senate, is to make treaties. Here the supreme executive magistrate is officially connected
with the highest branch of the legislature. And in article sixth, clause second, we find that
all treaties made, or which shall be made, 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. When we consider
the extent of treatiesthat in filing the tariff of trade, the imposts and port duties generally
are or may be fixed by a large construction which interested rulers are never at a less to
give to any constitutional powertreaties may be extended to almost every legislative
object of the general government. Who is it that does not know, that by treaties in Europe
the succession and constitution of many sovereign states, has been regulated. The partition
treaty, and the war of the grand alliance, respecting the government of Spain, are well
remembered; nor is it long since three neighboring powers established a nobleman of that
nation upon the throne and regulated and altered the fundamental laws of that country, as
well as divided the territory thereof, and all this was done by treaty. And from this power
of making treaties, the house of representatives, which has the best chance of possessing
virtue, and public confidence, is entirely excluded. Indeed, I see nothing to hinder the
president and senate, at a convenient crisis, to declare themselves hereditary and supreme,
and the lower house altogether useless, and to abolish what shadow of the state
constitutions remain by this power alone; and as the president and senate have all that
influence which arises from the creating and appointing of all offices and officers, who can
doubt but at a proper occasion they will succeed in such an attempt? And who can doubt
but that men will arise who will attempt it? Will the doing so be a more flagrant breach of
trust, or a greater degree of violence and perfidy, than has already been practised in order
to introduce the proposed plan? Of the same kind, and full as inconsistent and
dangerous, is the first clause of the second article, compared with the second clause of the
second section. We first find the president fully and absolutely vested with the executive
power, and presently we find the most important and most influential portion of the
executive powere.g., the appointment of all officersvested in the senate, with whom
the president only acts as a nominating member. It is on this account that I have said
above, that the greatest degree of virtue may be expected in the house of representatives;
for if any considerable part of the executive power be joined with the legislature, it will as
surely corrupt that branch with which it is combined, as poison will the human body.
Therefore, though the small house of representatives will consist of the natural aristocracy
of the country, as well as the senate, yet not being dangerously combined with the
executive branch, it has not such certain influential inducements to corruption
It will be asked, no doubt, who is this that dares so boldly to arraign the conduct and
censure the production of a convention composed of so chosen a band of patriots? To this I
answer, that I am a freeman, and it is the character of freemen to examine and judge for
themselves. They know that implicit faith respecting politics is the handmaid to slavery;
and that the greatness of those names who frame a government, cannot sanctify its faults,
nor prevent the evils that result from its imperfections.
With respect to the majority, I do not doubt the testimony of a dignified supporter of the
system, that they were all, or nearly all, eminent lawyers; but I do doubt the patriotism and
political virtue of several of the most eminently active of them. But it is not with the men,
but with the plan to which they gave birth, we have to contend, and to contend with such a
degree of moderation and firmness, as will best promote political security, shall be the
endeavor of (Portion Missing?)

Anti-Federalist No. 76-77, An Anti-Federalist View of the Appointing Power Under the
Constitution (Federal Farmer XIII)
14 January 1788
by Richard Henry Lee, The Federalist Farmer
Dear sir,
In this letter I shall further examine two clauses in the proposed constitution respecting
appointments to office.By art. 2. sect. 2. the president shall nominate, and by and with
the advice and consent of the senate, shall appoint ambassadors, other public ministers and
consuls, judges of the supreme court, and all other officers of the United States, whose
appointments, &c. By art. 1, sect. 6. No senator or representative shall, during the term for
which he was elected, be appointed to any civil office under the authority of the United
States, which shall have been created, or the emoluments whereof shall have been
increased during such time.
Thus the president must nominate, and the senate concur in the appointment of all federal
officers, civil and military, and the senators and representatives are made ineligible only to
the few civil offices abovementioned. To preserve the federal government pure and
uncorrupt, peculiar precautions relative to appointments to office will be found highly
necessary from the very forms and character of the government itself. The honours and
emoluments of public offices are the objects in all communities, that ambitious and
necessitous men never lose sight of. The honest, the modest, and the industrious part of the
community content themselves, generally, with their private concerns; they do not solicit
those offices which are the perpetual source of cabals, intrigues, and contests among men
of the former description, men embarrassed, intriguing, and destitute of modesty. Even in
the most happy country and virtuous government, corrupt influence in appointments
cannot always be avoided; perhaps we may boast of our share of virtue as a people, and if
we are only sufficiently aware of the influence, biasses, and prejudices, common to the
affairs of men, we may go far towards guarding against the effects of them.
We all agree, that a large standing army has a strong tendency to depress and inslave the
people; it is equally true that a large body of selfish, unfeeling, unprincipled civil officers
has a like, or a more pernicious tendency to the same point. Military, and especially civil
establishments, are the necessary appendages of society; they are deductions from
productive labour, and substantial wealth, in proportion to the number of men employed in
them; they are oppressive where unnecessarily extended and supported by men unfriendly
to the people; they are injurious when too small, and supported by men too timid and
dependant. It is of the last importance to decide well upon the necessary number of offices,
to fill them with proper characters, and to establish efficiently the means of punctually
punishing those officers who may do wrong.
To discern the nature and extent of this power of appointments, we need only to consider
the vast number of officers necessary to execute a national system in this extensive
country, the prodigious biasses the hopes and expectations of offices have on their conduct,
and the influence public officers have among the peoplethese necessary officers, as
judges, state's attornies, clerks, sheriffs, &c. in the federal supreme and inferior courts,
admirals and generals, and subordinate officers in the army and navy, ministers, consuls,
&c. sent to foreign countries; officers in the federal city, in the revenue, post office
departments, &c. &c. must, probably, amount to several thousands, without taking into
view the very inferior ones. There can be no doubt but that the most active men in politics,
in and out of congress, will be the foremost candidates for the best of these offices; the
man or men who shall have the disposal of them, beyond dispute, will have by far the
greatest share of active influence in the government; but appointments must be made, and
who shall make them? what modes of appointments will be attended with the fewest
inconveniencies? is the question. The senators and representatives are the law makers,
create all offices, and whenever they see fit, they impeach and try officers for misconduct;
they ought to be in session but part of the year, and as legislators, they must be too
numerous to make appointments, perhaps, a few very important ones excepted. In
contemplating the necessary officers of the union, there appear to be six different modes in
which, in whole or in part, the appointments may be made, 1. By the legislature; 2. by the
president and senate3. by the president and an executive council4. by the president
alone5. by the heads of the departmentsand 6. by the state governmentsAmong all
these, in my opinion, there may be an advantageous distribution of the power of
appointments. In considering the legislators, in relation to the subject before us, two
interesting questions particularly arise1. Whether they ought to be eligible to any offices
whatever during the period for which they shall be elected to serve, and even for some time
afterwardsand 2. How far they ought to participate in the power of appointments. As to
the first, it is true that legislators in foreign countries, or in our state governments, are not
generally made ineligible to office: there are good reasons for it; in many countries the
people have gone on without ever examining the principles of government. There have
been but few countries in which the legislators have been a particular set of men
periodically chosen: but the principal reason is, that which operates in the several states,
viz. the legislators are so frequently chosen, and so numerous, compared with the number
of offices for which they can reasonably consider themselves as candidates, that the chance
of any individual member's being chosen, is too small to raise his hopes or expectations, or
to have any considerable influence upon his conduct. Among the state legislators, one man
in twenty may be appointed in some committee business, &c. for a month or two; but on a
fair computation, not one man in a hundred sent to the state legislatures is appointed to any
permanent office of profit: directly the reverse of this will evidently be found true in the
federal administration. Throughout the United States, about four federal senators, and
thirty-three representatives, averaging the elections, will be chosen in a year; these few
men may rationally consider themselves as the fairest candidates for a very great number
of lucrative offices, which must become vacant in the year, and pretty clearly a majority of
the federal legislators, if not excluded, will be mere expectants for public offices. I need
not adduce further arguments to establish a position so clear; I need only call to your
recollection my observations in a former letter, wherein I endeavoured to shew the fallacy
of the argument, that the members must return home and mix with the people. It is said,
that men are governed by interested motives, and will not attend as legislators, unless they
can, in common with others, be eligible to offices of honor and profit. This will
undoubtedly be the case with some men, but I presume only with such men as never ought
to be chosen legislators in a free country; an opposite principle will influence good men;
virtuous patriots, and generous minds, will esteem it a higher honor to be selected as the
guardians of a free people; they will be satisfied with a reasonable compensation for their
time and service; nor will they wish to be within the vortex of influence. The valuable
effects of this principle of making legislators ineligible to offices for a given time, has
never yet been sufficiently attended to or considered: I am assured, that it was established
by the convention after long debate, and afterwards, on an unfortunate change of a few
members, altered. Could the federal legislators be excluded in the manner proposed, I think
it would be an important point gained; as to themselves, they would be left to act much
more from motives consistent with the public good.
In considering the principle of rotation I had occasion to distinguish the condition of a

legislator from that of mere official manWe acquire certain habits, feelings, and
opinions, as men and citizensothers, and very different ones, from a long continuance in
office: It is, therefore, a valuable observation in many bills of rights, that rulers ought
frequently to return and mix with the people. A legislature, in a free country, must be
numerous; it is in some degree a periodical assemblage of the people, frequently formed
the principal officers in the executive and judicial departments, must have more
permanency in office. Hence it may be inferred, that the legislature will remain longer
uncorrupted and virtuous; longer congenial to the people, than the officers of those
departments. If it is not, therefore, in our power to preserve republican principles, for a
series of ages, in all the departments of government, we may a long while preserve them in
a well formed legislature. To this end we ought to take every precaution to prevent
legislators becoming mere office-men; chuse them frequently, make them recallable,
establish rotation among them, make them ineligible to offices, and give them as small a
share as possible in the disposal of them. Add to this, a legislature, in the nature of things,
is not formed for the detail business of appointing officers; there is also generally an
impropriety in the same men's making offices and filling them, and a still greater
impropriety in their impeaching and trying the officers they appoint. For these, and other
reasons, I conclude, the legislature is not a proper body for the appointment of officers in
general. But having gone through with the different modes of appointment, I shall
endeavour to shew what share in the distribution of the power of appointments the
legislature must, from necessity, rather than from propriety, take. 2. Officers may be
appointed by the president and senatethis mode, for general purposes, is clearly not
defensible. All the reasoning touching the legislature will apply to the senate; the senate is
a branch of the legislature, which ought to be kept pure and unbiassed; it has a part in
trying officers for misconduct, and in creating offices, it is too numerous for a council of
appointment, or to feel any degree of responsibility: if it has an advantage of the
legislature, in being the least numerous, it has a disadvantage in being more unsafe: add to
this, the senate is to have a share in the important branch of power respecting treaties.
Further, this sexennial senate of 26 members, representing 13 sovereign states, will not, in
practice, be found to be a body to advise, but to order and dictate in fact; and the president
will be a mere primus inter pares. The consequence will be, that the senate, with these
efficient means of influence, will not only dictate, probably, to the president, but manage
the house, as the constitution now stands; and under appearances of a balanced system, in
reality, govern alone. There may also, by this undue connection, be particular periods when
a very popular president may have a very improper influence upon the senate and upon the
legislature. A council of appointment must very probably sit all, or near all, the yearthe
senate will be too important and too expensive a body for this. By giving the senate,
directly or indirectly, an undue influence over the representatives, and the improper means
of fettering, embarrassing, or controuling the president or executive, we give the
government, in the very out set, a fatal and pernicious tendency to that middle undesirable
pointaristocracy. When we, as a circumstance not well to be avoided, admit the senate to
a share of power in making treaties, and in managing foreign concerns, we certainly
progress full far enough towards this most undesirable point in government. For with this
power, also, I believe, we must join that of appointing ambassadors, other foreign
ministers, and consuls, being powers necessarily connected.In every point of view, in
which I can contemplate this subject, it appears extremely clear to me, that the senate
ought not generally to be a council of appointment. The legislature, after the people, is the
great fountain of power, and ought to be kept as pure and uncorrupt as possible, from the
hankerings, biasses, and contagion of offices then the streams issuing from it, will be
less tainted with those evils. It is not merely the number of impeachments, that are to be
expected to make public officers honest and attentive in their business. A general opinion
must pervade the community, that the house, the body to impeach them for misconduct, is
disinterested, and ever watchful for the public good; and that the judges who shall try
impeachments, will not feel a shadow of biass. Under such circumstances, men will not
dare transgress, who, not deterred by such accusers and judges, would repeatedly
misbehave. We have already suffered many and extensive evils, owing to the defects of the
confederation, in not providing against the misconduct of public officers. When we expect
the law to be punctually executed, not one man in ten thousand will disobey it: it is the
probable chance of escaping punishment that induces men to transgress. It is one important
mean to make the government just and honest, rigidly and constantly to hold, before the
eyes of those who execute it, punishment, and dismission from office, for misconduct.
These are principles no candid man, who has just ideas of the essential features of a free
government, will controvert. They are, to be sure, at this period, called visionary,
speculative and anti-governmentalbut in the true stile of courtiers, selfish politicians, and
flatterers of despotismdiscerning republican men of both parties see their value. They
are said to be of no value, by empty boasting advocates for the constitution, who, by their
weakness and conduct, in fact, injure its cause much more than most of its opponents.
From their high sounding promises, men are led to expect a defence of it, and to have their
doubts removed. When a number of long pieces appear, they, instead of the defence, &c.
they expected, see nothing but a parade of namesvolumes written without ever coming
to the pointcases quoted between which and ours there is not the least similitudeand
partial extracts made from histories and governments, merely to serve a purpose. Some of
them, like the true admirers of royal and senatorial robes, would fain prove, that nations
who have thought like freemen and philosophers about government, and endeavoured to be
free, have often been the most miserable: if a single riot, in the course of five hundred
years happened in a free country, if a salary, or the interest of a public or private debt was
not paid at the moment, they seem to lay more stress upon these triffles (for triffles they
are in a free and happy country) than upon the oppressions of despotic government for ages
together. (As to the lengthy writer in New-York you mention, I have attentively examined
his pieces; he appears to be a candid good-hearted man, to have a good stile, and some
plausible ideas; but when we carefully examine his pieces, to see where the strength of
them lies; when the mind endeavours to fix on those material parts, which ought to be the
essence of all voluminous productions, we do not find them: the writer appears constantly
to move on a smooth surface, the part of his work, like the parts of a cob-house, are all
equally strong and all equally weak, and all like those works of the boys, without an
object; his pieces appear to have but little relation to the great question, whether the
constitution is fitted to the condition and character of this people or not.) But to return3.
Officers may be appointed by the president and an executive councilwhen we have
assigned to the legislature the appointment of a few important officersto the president
and senate the appointment of those concerned in managing foreign affairsto the state
governments the appointment of militia officers, and authorise the legislature, by
legislative acts, to assign to the president alone, to the heads of the departments, and courts
of law respectively, the appointment of many inferior officers; we shall then want to lodge
some where a residuum of power, a power to appoint all other necessary officers, as
established by law. The fittest receptacle for this residuary power is clearly, in my opinion,
the first executive magistrate, advised and directed by an executive council of seven or
nine members, periodically chosen from such proportional districts as the union may for
the purpose be divided into. The people may give their votes for twice the number of
counsellers wanted, and the federal legislature take twice the number also from the highest
candidates, and from among them chuse the seven or nine, or number wanted. Such a
council may be rationally formed for the business of appointments; whereas the senate,
created for other purposes, never can beSuch councils form a feature in some of the best
executives in the unionthey appear to be essential to every first magistrate, who may
frequently want advice.
To authorise the president to appoint his own council would be unsafe: to give the sole
appointment of it to the legislature, would confer an undue and unnecessary influence upon
that branch. Such a council for a year would be less expensive than the senate for four
months. The president may nominate, and the counsellers always be made responsible for
their advice and opinions, by recording and signing whatever they advise to be done. They
and the president, to many purposes, will properly form an independent executive branch;
have an influence unmixed with the legislative, which the executive never can have while
connected with a powerful branch of the legislature. And yet the influence arising from the
power of appointments be less dangerous, because in less dangerous handshands
properly adequate to possess it. Whereas the senate, from its character and situation will
add a dangerous weight to the power itself, and be far less capable of responsibility, than
the council proposed. There is another advantage; the residuum of power, as to
appointments, which the president and council need possess, is less than that the president
and senate must have. And as such a council would render the sessions of the senate
unnecessary many months in the year, the expences of the government would not be
increased, if they would not be lessened by the institution of such a council. I think I need
not dwell upon this article, as the fitness of this mode of appointment will perhaps amply
appear by the evident unfitness of the others.
4. Officers may be appointed by the president alone. It has been almost universally found,
when a man has been authorized to exercise power alone, he has never done it alone; but,
generally, aided his determinations by, and rested on the advice and opinions of others.
And it often happens when advice is wanted, the worst men, the most interested creatures,
the worst advice is at hand, obtrude themselves, and misdirect the mind of him who would
be informed and advised. It is very seldom we see a single executive depend on accidental
advice and assistance; but each single executive has, almost always, formed to itself a
regular council, to be assembled and consulted on important occasions; this proves that a
select council, of some kind, is, by experience, generally found necessary and useful. But
in a free country, the exercise of any considerable branch of power ought to be under some
checks and controuls. As to this point, I think the constitution stands well, the legislature
may, when it shall deem it expedient, from time to time, authorise the president alone to
appoint particular inferior officers, and when necessary to take back the power. His power,
therefore, in this respect, may always be increased or decreased by the legislature, as
experience, the best instructor, shall direct: always keeping him, by the constitution, within
certain bounds.
Officers, in the fifth place, may be appointed by the heads of departments or courts of law.
Art. 2., Sect. 2., respecting appointments, goes on-"But congress may by law vest the
appointment of such inferior officers as they think proper in the president alone, in the
courts of law, or in the heads of departments." The probability is, as the constitution now
stands, that the Senate, a branch of the legislature, will be tenacious of the power of
appointment, and much too sparingly part with a share of it to the courts of law, and heads
of departments. Here again the impropriety appears of the senate's having, generally, a
share in the appointment of officers. We may fairly assume, that the judges and principal
officers in the departments will be able well informed men in their respective branches of
business; that they will, from experience, be best informed as to proper persons to fill
inferior offices in them; that they will feel themselves responsible for the execution of their
several branches of business, and for the conduct of the officers they may appoint therein.
From these, and other considerations, I think we may infer, that impartial and judicious
appointments of subordinate officers will, generally, be made by the courts of law, and the
heads of departments. This power of distributing appointments, as circumstances may
require, into several hands, in a well formed disinterested legislature, might be of essential
service not only in promoting beneficial appointments, but also in preserving the balance
in government. A feeble executive may be strengthened and supported by placing in its
hands more numerous appointments; an executive too influential may be reduced within
proper bounds, by placing many of the inferior appointments in the courts of law, and
heads of departments; nor is there much danger that the executive will be wantonly
weakened or strengthened by the legislature by thus shifting the appointments of inferior
officers. Since all must be done by legislative acts which cannot be passed without the
consent of the executive, or the consent of two- thirds of both branches, a good legislature
will use this power to preserve the balance and perpetuate the government. Here again we
are brought to our ultimatum-is the legislature so constructed as to deserve our confidence?
6. Officers may be appointed by the state governments. By Art. 1., Sect. S., the respective
states are authorised exclusively to appoint the militia officers. This not only lodges the
appointments in proper places, but it also tends to distribute and lodge in different
executive hands the powers of appointing to offices, so dangerous when collected into the
hands of one or a few men.

Anti-Federalist No. 78-79, The Power of the Judiciary (Part I)
Part one is taken from the second part of the "Brutus's" 15th essay of The New-York
Journal on March 20, 1788;
Part two is part one of his 16th of the New York Journal of April 10, 1788.
Brutus XV (pt. 2)
20 March 1788
(Continued.)
I said in my last number, that the supreme court under this constitution would be exalted
above all other power in the government, and subject to no controul. The business of this
paper will be to illustrate this, and to shew the danger that will result from it. I question
whether the world ever saw, in any period of it, a court of justice invested with such
immense powers, and yet placed in a situation so little responsible. Certain it is, that in
England, and in the several states, where we have been taught to believe, the courts of law
are put upon the most prudent establishment, they are on a very different footing.
The judges in England, it is true, hold their offices during their good behaviour, but then
their determinations are subject to correction by the house of lords; and their power is by
no means so extensive as that of the proposed supreme court of the union.I believe they
in no instance assume the authority to set aside an act of parliament under the idea that it is
inconsistent with their constitution. They consider themselves bound to decide according
to the existing laws of the land, and never undertake to controul them by adjudging that
they are inconsistent with the constitutionmuch less are they vested with the power of
giving an equitable construction to the constitution.
The judges in England are under the controul of the legislature, for they are bound to
determine according to the laws passed by them. But the judges under this constitution will
controul the legislature, for the supreme court are authorised in the last resort, to determine
what is the extent of the powers of the Congress; they are to give the constitution an
explanation, and there is no power above them to set aside their judgment. The framers of
this constitution appear to have followed that of the British, in rendering the judges
independent, by granting them their offices during good behaviour, without following the
constitution of England, in instituting a tribunal in which their errors may be corrected; and
without adverting to this, that the judicial under this system have a power which is above
the legislative, and which indeed transcends any power before given to a judicial by any
free government under heaven.

I do not object to the judges holding their commissions during good behaviour. I suppose it
a proper provision provided they were made properly responsible. But I say, this system
has followed the English government in this, while it has departed from almost every other
principle of their jurisprudence, under the idea, of rendering the judges independent;
which, in the British constitution, means no more than that they hold their places during
good behaviour, and have fixed salaries, they have made the judges independent, in the
fullest sense of the word. There is no power above them, to controul any of their decisions.
There is no authority that can remove them, and they cannot be controuled by the laws of
the legislature. In short, they are independent of the people, of the legislature, and of every
power under heaven. Men placed in this situation will generally soon feel themselves
independent of heaven itself. Before I proceed to illustrate the truth of these assertions, I
beg liberty to make one remarkThough in my opinion the judges ought to hold their
offices during good behaviour, yet I think it is clear, that the reasons in favour of this
establishment of the judges in England, do by no means apply to this country.
The great reason assigned, why the judges in Britain ought to be commissioned during
good behaviour, is this, that they may be placed in a situation, not to be influenced by the
crown, to give such decisions, as would tend to increase its powers and prerogatives. While
the judges held their places at the will and pleasure of the king, on whom they depended
not only for their offices, but also for their salaries, they were subject to every undue
influence. If the crown wished to carry a favorite point, to accomplish which the aid of the
courts of law was necessary, the pleasure of the king would be signified to the judges. And
it required the spirit of a martyr, for the judges to determine contrary to the king's will.
They were absolutely dependent upon him both for their offices and livings. The king,
holding his office during life, and transmitting it to his posterity as an inheritance, has
much stronger inducements to increase the prerogatives of his office than those who hold
their offices for stated periods, or even for life. Hence the English nation gained a great
point, in favour of liberty. When they obtained the appointment of the judges, during good
behaviour, they got from the crown a concession, which deprived it of one of the most
powerful engines with which it might enlarge the boundaries of the royal prerogative and
encroach on the liberties of the people. But these reasons do not apply to this country, we
have no hereditary monarch; those who appoint the judges do not hold their offices for life,
nor do they descend to their children. The same arguments, therefore, which will conclude
in favor of the tenor of the judge's offices for good behaviour, lose a considerable part of
their weight when applied to the state and condition of America. But much less can it be
shewn, that the nature of our government requires that the courts should be placed beyond
all account more independent, so much so as to be above controul.
I have said that the judges under this system will be independent in the strict sense of the
word: To prove this I will shewThat there is no power above them that can controul their
decisions, or correct their errors. There is no authority that can remove them from office
for any errors or want of capacity, or lower their salaries, and in many cases their power is
superior to that of the legislature.
1st. There is no power above them that can correct their errors or controul their decisions
The adjudications of this court are final and irreversible, for there is no court above them to
which appeals can lie, either in error or on the merits.In this respect it differs from the
courts in England, for there the house of lords is the highest court, to whom appeals, in
error, are carried from the highest of the courts of law.
2d. They cannot be removed from office or suffer a dimunition of their salaries, for any
error in judgement or want of capacity.
It is expressly declared by the constitution,"That they shall at stated times receive a

compensation for their services which shall not be diminished during their continuance in
office."
The only clause in the constitution which provides for the removal of the judges from
office, is that which declares, that "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." By this paragraph, civil officers,
in which the judges are included, are removable only for crimes. Treason and bribery are
named, and the rest are included under the general terms of high crimes and
misdemeanors.Errors in judgement, or want of capacity to discharge the duties of the
office, can never be supposed to be included in these words, high crimes and
misdemeanors. A man may mistake a case in giving judgment, or manifest that he is
incompetent to the discharge of the duties of a judge, and yet give no evidence of
corruption or want of integrity. To support the charge, it will be necessary to give in
evidence some facts that will shew, that the judges commited the error from wicked and
corrupt motives.
3d. The power of this court is in many cases superior to that of the legislature. I have
shewed, in a former paper, that this court will be authorised to decide upon the meaning of
the constitution, and that, not only according to the natural and ob[vious] meaning of the
words, but also according to the spirit and intention of it. In the exercise of this power they
will not be subordinate to, but above the legislature. For all the departments of this
government will receive their powers, so far as they are expressed in the constitution, from
the people immediately, who are the source of power. The legislature can only exercise
such powers as are given them by the constitution, they cannot assume any of the rights
annexed to the judicial, for this plain reason, that the same authority which vested the
legislature with their powers, vested the judicial with theirsboth are derived from the
same source, both therefore are equally valid, and the judicial hold their powers
independently of the legislature, as the legislature do of the judicial.The supreme court
then have a right, independent of the legislature, to give a construction to the constitution
and every part of it, and there is no power provided in this system to correct their
construction or do it away. If, therefore, the legislature pass any laws, inconsistent with the
sense the judges put upon the constitution, they will declare it void; and therefore in this
respect their power is superior to that of the legislature. In England the judges are not only
subject to have their decisions set aside by the house of lords, for error, but in cases where
they give an explanation to the laws or constitution of the country, contrary to the sense of
the parliament, though the parliament will not set aside the judgement of the court, yet,
they have authority, by a new law, to explain a former one, and by this means to prevent a
reception of such decisions. But no such power is in the legislature. The judges are
supremeand no law, explanatory of the constitution, will be binding on them.
From the preceding remarks, which have been made on the judicial powers proposed in
this system, the policy of it may be fully developed.
Brutus XVI
10 April 1788
When great and extraordinary powers are vested in any man, or body of men, which in
their exercise, may operate to the oppression of the people, it is of high importance that
powerful checks should be formed to prevent the abuse of it.
Perhaps no restraints are more forcible, than such as arise from responsibility to some
superior power.Hence it is that the true policy of a republican government is, to frame it
in such manner, that all persons who are concerned in the government, are made
accountable to some superior for their conduct in office.This responsibility should
ultimately rest with the People. To have a government well administered in all its parts, it
is requisite the different departments of it should be separated and lodged as much as may
be in different hands. The legislative power should be in one body, the executive in
another, and the judicial in one different from eitherBut still each of these bodies should
be accountable for their conduct. Hence it is impracticable, perhaps, to maintain a perfect
distinction between these several departmentsFor it is difficult, if not impossible, to call
to account the several officers in government, without in some degree mixing the
legislative and judicial. The legislature in a free republic are chosen by the people at stated
periods, and their responsibility consists, in their being amenable to the people. When the
term, for which they are chosen, shall expire, who will then have opportunity to displace
them if they disapprove of their conductbut it would be improper that the judicial should
be elective, because their business requires that they should possess a degree of law
knowledge, which is acquired only by a regular education, and besides it is fit that they
should be placed, in a certain degree in an independent situation, that they may maintain
firmness and steadiness in their decisions. As the people therefore ought not to elect the
judges, they cannot be amenable to them immediately, some other mode of amenability
must therefore be devised for these, as well as for all other officers which do not spring
from the immediate choice of the people: this is to be effected by making one court
subordinate to another, and by giving them cognizance of the behaviour of all officers; but
on this plan we at last arrive at some supreme, over whom there is no power to controul but
the people themselves. This supreme controling power should be in the choice of the
people, or else you establish an authority independent, and not amenable at all, which is
repugnant to the principles of a free government. Agreeable to these principles I suppose
the supreme judicial ought to be liable to be called to account, for any misconduct, by
some body of men, who depend upon the people for their places; and so also should all
other great officers in the State, who are not made amenable to some superior officers. This
policy seems in some measure to have been in view of the framers of the new system, and
to have given rise to the institution of a court of impeachmentsHow far this Court will
be properly qualified to execute the trust which will be reposed in them, will be the
business of a future paper to investigate. To prepare the way to do this, it shall be the
business of this, to make some remarks upon the constitution and powers of the Senate,
with whom the power of trying impeachments is lodged.

Anti-Federalist No. 80, "The Power of the Judiciary (Part II) (Brutus XI)
31 January 1788
The nature and extent of the judicial power of the United States, proposed to be granted by
this constitution, claims our particular attention.
Much has been said and written upon the subject of this new system on both sides, but I
have not met with any writer, who has discussed the judicial powers with any degree of
accuracy. And yet it is obvious, that we can form but very imperfect ideas of the manner in
which this government will work, or the effect it will have in changing the internal police
and mode of distributing justice at present subsisting in the respective states, without a
thorough investigation of the powers of the judiciary and of the manner in which they will
operate. This government is a complete system, not only for making, but for executing
laws. And the courts of law, which will be constituted by it, are not only to decide upon the
constitution and the laws made in pursuance of it, but by officers subordinate to them to
execute all their decisions. The real effect of this system of government, will therefore be
brought home to the feelings of the people, through the medium of the judicial power. It is,
moreover, of great importance, to examine with care the nature and extent of the judicial
power, because those who are to be vested with it, are to be placed in a situation altogether
unprecedented in a free country. They are to be rendered totally independent, both of the
people and the legislature, both with respect to their offices and salaries. No errors they
may commit can be corrected by any power above them, if any such power there be, nor
can they be removed from office for making ever so many erroneous adjudications.
The only causes for which they can be displaced, is, conviction of treason, bribery, and
high crimes and misdemeanors.
This part of the plan is so modelled, as to authorise the courts, not only to carry into
execution the powers expressly given, but where these are wanting or ambiguously
expressed, to supply what is wanting by their own decisions.
That we may be enabled to form a just opinion on this subject, I shall, in considering it,
1st. Examine the nature and extent of the judicial powersand
2d. Enquire, whether the courts who are to exercise them, are so constituted as to afford
reasonable ground of confidence, that they will exercise them for the general good.
With a regard to the nature and extent of the judicial powers, I have to regret my want of
capacity to give that full and minute explanation of them that the subject merits. To be able
to do this, a man should be possessed of a degree of law knowledge far beyond what I
pretend to. A number of hard words and technical phrases are used in this part of the
system, about the meaning of which gentlemen learned in the law differ.
Its advocates know how to avail themselves of these phrases. In a number of instances,
where objections are made to the powers given to the judicial, they give such an
explanation to the technical terms as to avoid them.
Though I am not competent to give a perfect explanation of the powers granted to this
department of the government, I shall yet attempt to trace some of the leading features of
it, from which I presume it will appear, that they will operate to a total subversion of the
state judiciaries, if not, to the legislative authority of the states.
In article 3d, sect. 2d, it is said, "The judicial power shall extend to all cases in law and
equity arising under this constitution, the laws of the United States, and treaties made, or
which shall be made, under their authority, &c."
The first article to which this power extends, is, all cases in law and equity arising under
this constitution.
What latitude of construction this clause should receive, it is not easy to say. At first view,
one would suppose, that it meant no more than this, that the courts under the general
government should exercise, not only the powers of courts of law, but also that of courts of
equity, in the manner in which those powers are usually exercised in the different states.
But this cannot be the meaning, because the next clause authorises the courts to take
cognizance of all cases in law and equity arising under the laws of the United States; this
last article, I conceive, conveys as much power to the general judicial as any of the state
courts possess.
The cases arising under the constitution must be different from those arising under the
laws, or else the two clauses mean exactly the same thing.
The cases arising under the constitution must include such, as bring into question its
meaning, and will require an explanation of the nature and extent of the powers of the
different departments under it.
This article, therefore, vests the judicial with a power to resolve all questions that may
arise on any case on the construction of the constitution, either in law or in equity.
1st. They are authorised to determine all questions that may arise upon the meaning of the
constitution in law. This article vests the courts with authority to give the constitution a
legal construction, or to explain it according to the rules laid down for construing a law.
These rules give a certain degree of latitude of explanation. According to this mode of
construction, the courts are to give such meaning to the constitution as comports best with
the common, and generally received acceptation of the words in which it is expressed,
regarding their ordinary and popular use, rather than their grammatical propriety. Where
words are dubious, they will be explained by the context. The end of the clause will be

attended to, and the words will be understood, as having a view to it; and the words will
not be so understood as to bear no meaning or a very absurd one.
2d. The judicial are not only to decide questions arising upon the meaning of the
constitution in law, but also in equity.
By this they are empowered, to explain the constitution according to the reasoning spirit of
it, without being confined to the words or letter.
"From this method of interpreting laws (says Blackstone) by the reason of them, arises
what we call equity;" which is thus defined by Grotius, "the correction of that, wherein the
law, by reason of its universality, is deficient["]; for since in laws all cases cannot be
foreseen, or expressed, it is necessary, that when the decrees of the law cannot be applied
to particular cases, there should some where be a power vested of defining those
circumstances, which had they been foreseen the legislator would have expressed; and
these are the cases, which according to Grotius, ["]lex non exacte definit, sed arbitrio boni
viri permittet."
The same learned author observes, "That equity, thus depending essentially upon each
individual case, there can be no established rules and fixed principles of equity laid down,
without destroying its very essence, and reducing it to a positive law."
From these remarks, the authority and business of the courts of law, under this clause, may
be understood.
They will give the sense of every article of the constitution, that may from time to time
come before them. And in their decisions they will not confine themselves to any fixed or
established rules, but will determine, according to what appears to them, the reason and
spirit of the constitution. The opinions of the supreme court, whatever they may be, will
have the force of law; because there is no power provided in the constitution, that can
correct their errors, or controul their adjudications. From this court there is no appeal. And
I conceive the legislature themselves, cannot set aside a judgment of this court, because
they are authorised by the constitution to decide in the last resort. The legislature must be
controuled by the constitution, and not the constitution by them. They have therefore no
more right to set aside any judgment pronounced upon the construction of the constitution,
than they have to take from the president, the chief command of the army and navy, and
commit it to some other person. The reason is plain; the judicial and executive derive their
authority from the same source, that the legislature do theirs; and therefore in all cases,
where the constitution does not make the one responsible to, or controulable by the other,
they are altogether independent of each other.
The judicial power will operate to effect, in the most certain, but yet silent and
imperceptible manner, what is evidently the tendency of the constitution:I mean, an
entire subversion of the legislative, executive and judicial powers of the individual states.
Every adjudication of the supreme court, on any question that may arise upon the nature
and extent of the general government, will affect the limits of the state jurisdiction. In

proportion as the former enlarge the exercise of their powers, will that of the latter be
restricted.
That the judicial power of the United States, will lean strongly in favour of the general
government, and will give such an explanation to the constitution, as will favour an
extension of its jurisdiction, is very evident from a variety of considerations.
1st. The constitution itself strongly countenances such a mode of construction. Most of the
articles in this system, which convey powers of any considerable importance, are
conceived in general and indefinite terms, which are either equivocal, ambiguous, or which
require long definitions to unfold the extent of their meaning. The two most important
powers committed to any government, those of raising money, and of raising and keeping
up troops, have already been considered, and shewn to be unlimitted by any thing but the
discretion of the legislature. The clause which vests the power to pass all laws which are
proper and necessary, to carry the powers given into execution, it has been shewn, leaves
the legislature at liberty, to do every thing, which in their judgment is best. It is said, I
know, that this clause confers no power on the legislature, which they would not have had
without itthough I believe this is not the fact, yet, admitting it to be, it implies that the
constitution is not to receive an explanation strictly, according to its letter; but more power
is implied than is expressed. And this clause, if it is to be considered, as explanatory of the
extent of the powers given, rather than giving a new power, is to be understood as
declaring, that in construing any of the articles conveying power, the spirit, intent and
design of the clause, should be attended to, as well as the words in their common
acceptation.
This constitution gives sufficient colour for adopting an equitable construction, if we

consider the great end and design it professedly has in viewthese appear from its
preamble to be, "to form a more perfect union, establish justice, insure domestic
tranquility, provide for the common defence, promote the general welfare, and secure the
blessings of liberty to ourselves and posterity." The design of this system is here expressed,
and it is proper to give such a meaning to the various parts, as will best promote the
accomplishment of the end; this idea suggests itself naturally upon reading the preamble,
and will countenance the court in giving the several articles such a sense, as will the most
effectually promote the ends the constitution had in viewhow this manner of explaining
the constitution will operate in practice, shall be the subject of future enquiry.
2d. Not only will the constitution justify the courts in inclining to this mode of explaining
it, but they will be interested in using this latitude of interpretation. Every body of men
invested with office are tenacious of power; they feel interested, and hence it has become a
kind of maxim, to hand down their offices, with all its rights and privileges, unimpared to
their successors; the same principle will influence them to extend their power, and increase
their rights; this of itself will operate strongly upon the courts to give such a meaning to the
constitution in all cases where it can possibly be done, as will enlarge the sphere of their
own authority. Every extension of the power of the general legislature, as well as of the
judicial powers, will increase the powers of the courts; and the dignity and importance of
the judges, will be in proportion to the extent and magnitude of the powers they exercise. I
add, it is highly probable the emolument of the judges will be increased, with the increase
of the business they will have to transact and its importance. From these considerations the
judges will be interested to extend the powers of the courts, and to construe the
constitution as much as possible, in such a way as to favour it; and that they will do it,
appears probable.
3d. Because they will have precedent to plead, to justify them in it. It is well known, that
the courts in England, have by their own authority, extended their jurisdiction far beyond
the limits set them in their original institution, and by the laws of the land.
The court of exchequer is a remarkable instance of this. It was originally intended

principally to recover the king's debts, and to order the revenues of the crown. It had a
common law jurisdiction, which was established merely for the benefit of the king's
accomptants. We learn from Blackstone, that the proceedings in this court are grounded on
a writ called quo minus, in which the plaintiff suggests, that he is the king's farmer or
debtor, and that the defendant hath done him the damage complained of, by which he is
less able to pay the king. These suits, by the statute of Rutland, are expressly directed to be
confined to such matters as specially concern the king, or his ministers in the exchequer.
And by the articuli super cartas, it is enacted, that no common pleas be thenceforth held in
the exchequer contrary to the form of the great charter: but now any person may sue in the
exchequer. The surmise of being debtor to the king being matter of form, and mere words
of course; and the court is open to all the nation.
When the courts will have a precedent before them of a court which extended its
jurisdiction in opposition to an act of the legislature, is it not to be expected that they will
extend theirs, especially when there is nothing in the constitution expressly against it? and
they are authorised to construe its meaning, and are not under any controul?
This power in the judicial, will enable them to mould the government, into almost any
shape they please.The manner in which this may be effected we will hereafter examine.

Anti-Federalist No. 81, The Power of the Judiciary (Part III)
Part 1: from the 12th essay by "Brutus" from the February 7th & 14th (1788) issues of The
New-York Journal
Part 2: Taken from the second half of the 14th essay February 28, 1788.
Brutus XII
7 February 1788
In my last, I shewed, that the judicial power of the United States under the first clause of
the second section of article eight, would be authorized to explain the constitution, not only
according to its letter, but according to its spirit and intention; and having this power, they
would strongly incline to give it such a construction as to extend the powers of the general
government, as much as possible, to the diminution, and finally to the destruction, of that
of the respective states.
I shall now proceed to shew how this power will operate in its exercise to effect these
purposes. In order to perceive the extent of its influence, I shall consider,
First. How it will tend to extend the legislative authority.
Second. In what manner it will increase the jurisdiction of the courts, and
Third. The way in which it will diminish, and destroy, both the legislative and judicial
authority of the United States.
First. Let us enquire how the judicial power will effect an extension of the legislative
authority.
Perhaps the judicial power will not be able, by direct and positive decrees, ever to direct
the legislature, because it is not easy to conceive how a question can be brought before
them in a course of legal discussion, in which they can give a decision, declaring, that the
legislature have certain powers which they have not exercised, and which, in consequence
of the determination of the judges, they will be bound to exercise. But it is easy to see, that
in their adjudications they may establish certain principles, which being received by the
legislature, will enlarge the sphere of their power beyond all bounds.
It is to be observed, that the supreme court has the power, in the last resort, to determine all
questions that may arise in the course of legal discussion, on the meaning and construction
of the constitution. This power they will hold under the constitution, and independent of
the legislature. The latter can no more deprive the former of this right, than either of them,
or both of them together, can take from the president, with the advice of the senate, the
power of making treaties, or appointing ambassadors.
In determining these questions, the court must and will assume certain principles, from
which they will reason, in forming their decisions. These principles, whatever they may be,
when they become fixed, by a course of decisions, will be adopted by the legislature, and
will be the rule by which they will explain their own powers. This appears evident from
this consideration, that if the legislature pass laws, which, in the judgment of the court,
they are not authorised to do by the constitution, the court will not take notice of them; for
it will not be denied, that the constitution is the highest or supreme law. And the courts are
vested with the supreme and uncontroulable power, to determine, in all cases that come
before them, what the constitution means; they cannot, therefore, execute a law, which, in
their judgment, opposes the constitution, unless we can suppose they can make a superior
law give way to an inferior. The legislature, therefore, will not go over the limits by which
the courts may adjudge they are confined. And there is little room to doubt but that they
will come up to those bounds, as often as occasion and opportunity may offer, and they
may judge it proper to do it. For as on the one hand, they will not readily pass laws which
they know the courts will not execute, so on the other, we may be sure they will not
scruple to pass such as they know they will give effect, as often as they may judge it
proper.
From these observations it appears, that the judgment of the judicial, on the constitution,
will become the rule to guide the legislature in their construction of their powers.
What the principles are, which the courts will adopt, it is impossible for us to say; but
taking up the powers as I have explained them in my last number, which they will possess
under this clause, it is not difficult to see, that they may, and probably will, be very liberal
ones.
We have seen, that they will be authorized to give the constitution a construction according
to its spirit and reason, and not to confine themselves to its letter.
To discover the spirit of the constitution, it is of the first importance to attend to the
principal ends and designs it has in view. These are expressed in the preamble, in the
following words, viz. "We, the people of the United States, in order to form a more perfect
union, establish justice, insure domestic tranquility, provide for the common defence,
promote the general welfare, and secure the blessings of liberty to ourselves and our
posterity, do ordain and establish this constitution," &c. If the end of the government is to
be learned from these words, which are clearly designed to declare it, it is obvious it has in
view every object which is embraced by any government. The preservation of internal
peacethe due administration of justiceand to provide for the defence of the
community, seems to include all the objects of government; but if they do not, they are
certainly comprehended in the words, "to provide for the general welfare." If it be further
considered, that this constitution, if it is ratified, will not be a compact entered into by
states, in their corporate capacities, but an agreement of the people of the United States, as
one great body politic, no doubt can remain, but that the great end of the constitution, if it
is to be collected from the preamble, in which its end is declared, is to constitute a

government which is to extend to every case for which any government is instituted,
whether external or internal. The courts, therefore, will establish this as a principle in
expounding the constitution, and will give every part of it such an explanation, as will give
latitude to every department under it, to take cognizance of every matter, not only that
affects the general and national concerns of the union, but also of such as relate to the
administration of private justice, and to regulating the internal and local affairs of the
different parts.
Such a rule of exposition is not only consistent with the general spirit of the preamble, but
it will stand confirmed by considering more minutely the different clauses of it.
The first object declared to be in view is, "To form a perfect union." It is to be observed, it
is not an union of states or bodies corporate; had this been the case the existence of the
state governments, might have been secured. But it is a union of the people of the United
States considered as one body, who are to ratify this constitution, if it is adopted. Now to
make a union of this kind perfect, it is necessary to abolish all inferior governments, and to
give the general one compleat legislative, executive and judicial powers to every purpose.
The courts therefore will establish it as a rule in explaining the constitution to give it such a
construction as will best tend to perfect the union or take from the state governments every
power of either making or executing laws. The second object is "to establish justice." This
must include not only the idea of instituting the rule of justice, or of making laws which
shall be the measure or rule of right, but also of providing for the application of this rule or
of administering justice under it. And under this the courts will in their decisions extend
the power of the government to all cases they possibly can, or otherwise they will be
restricted in doing what appears to be the intent of the constitution they should do, to wit,
pass laws and provide for the execution of them, for the general distribution of justice
between man and man. Another end declared is "to insure domestic tranquility." This
comprehends a provision against all private breaches of the peace, as well as against all
public commotions or general insurrections; and to attain the object of this clause fully, the
government must exercise the power of passing laws on these subjects, as well as of
appointing magistrates with authority to execute them. And the courts will adopt these
ideas in their expositions. I might proceed to the other clause, in the preamble, and it would
appear by a consideration of all of them separately, as it does by taking them together, that
if the spirit of this system is to be known from its declared end and design in the preamble,
its spirit is to subvert and abolish all the powers of the state government, and to embrace
every object to which any government extends.
As it sets out in the preamble with this declared intention, so it proceeds in the different
parts with the same idea. Any person, who will peruse the 8th section with attention, in
which most of the powers are enumerated, will perceive that they either expressly or by
implication extend to almost every thing about which any legislative power can be
employed. But if this equitable mode of construction is applied to this part of the
constitution; nothing can stand before it.
This will certainly give the first clause in that article a construction which I confess I think
the most natural and grammatical one, to authorise the Congress to do any thing which in
their judgment will tend to provide for the general welfare, and this amounts to the same
thing as general and unlimited powers of legislation in all cases.
This same manner of explaining the constitution, will fix a meaning, and a very important
one too, to the 12th clause of the same section, which authorises the Congress to make all
laws which shall be proper and necessary for carrying into effect the foregoing powers, etc.
A voluminous writer in favor of this system, has taken great pains to convince the public,
that this clause means nothing: for that the same powers expressed in this, are implied in
other parts of the constitution. Perhaps it is so, but still this will undoubtedly be an
excellent auxiliary to assist the courts to discover the spirit and reason of the constitution,
and when applied to any and every of the other clauses granting power, will operate
powerfully in extracting the spirit from them.
I might instance a number of clauses in the constitution, which, if explained in an equitable

manner, would extend the powers of the government to every case, and reduce the state
legislatures to nothing. But, I should draw out my remarks to an undue length, and I
presume enough has been said to show, that the courts have sufficient ground in the
exercise of this power, to determine, that the legislature have no bounds set to them by this
constitution, by any supposed right the legislatures of the respective states may have to
regulate any of their local concerns.
I proceed, 2nd, to inquire, in what manner this power will increase the jurisdiction of the
courts.
I would here observe, that the judicial power extends, expressly, to all civil cases that may
arise save such as arise between citizens of the same state, with this exception to those of
that description, that the judicial of the United States have cognizance of cases between
citizens of the same state, claiming lands -under grants of different states. Nothing more,
therefore, is necessary to give the courts of law, under this constitution, complete
jurisdiction of all civil causes, but to comprehend cases between citizens of the same state
not included in the foregoing exception.
I presume there will be no difficulty in accomplishing this. Nothing more is necessary than
to set forth in the process, that the party who brings the suit is a citizen of a different state
from the one against whom the suit is brought and there can be little doubt but that the
court will take cognizance of the matter. And if they do, who is to restrain them? Indeed, I
will freely confess, that it is my decided opinion, that the courts ought to take cognizance
of such causes under the powers of the constitution. For one of the great ends of the
constitution is, "to establish justice." This supposes that this cannot be done under the
existing governments of the states; and there is certainly as good reason why individuals,
living in the same state, should have justice, as those who live in different states.
Moreover, the constitution expressly declares, that "the citizens of each state shall be
entitled to all the privileges and immunities of citizens in the several states," It will
therefore be no fiction, for a citizen of one state to set forth, in a suit, that he is a citizen of
another; for he that is entitled to all the privileges and immunities of a country, is a citizen
of that country. And in truth, the citizen of one state will, under this constitution, be a
citizen of every state....
It is obvious that these courts will have authority to decide upon the validity of the laws of
any of the states, in all cases where they come in question before them. Where the
constitution gives the general government exclusive jurisdiction, they will adjudge all laws
made by the states, in such cases, void ab inilio. Where the constitution gives them
concurrent jurisdiction, the laws of the United States must prevail, because they are the
supreme law. In such cases, therefore, the laws of the state legislatures must be repealed,
restricted, or so construed, as to give full effect to the laws of the union on the same
subject. From these remarks it is easy to see, that in proportion as the general government
acquires power and jurisdiction, by the liberal construction which the judges may give the
constitution, those of the states will lose their rights, until they become so trifling and
unimportant, as not to be worth having. I am much mistaken, if this system will not operate
to effect this with as much celerity, as those who have the administration of it will think
prudent to suffer it. The remaining objections of the judicial power shall be considered in a
future paper.
(To be continued.)
Brutus XIV (pt. 2)
28 February 1788
The second paragraph of sect. 2d. art. 3, is in these words: "In all cases affecting
ambassadors, other public ministers and consuls, and those in which a state shall be a
party, the supreme court shall have original jurisdiction. In all the other cases before
mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact,
with such exceptions, and under such regulations as the Congress shall make.["]
Although it is proper that the courts of the general government should have cognizance of
all matters affecting ambassadors, foreign ministers, and consuls; yet I question much the
propriety of giving the supreme court original jurisdiction in all cases of this kind.
Ambassadors, and other public ministers, claim, and are entitled by the law of nations, to
certain privileges, and exemptions, both for their persons and their servants.
The meanest servant of an ambassador is exempted by the law of nations from being sued
for debt. Should a suit be brought against such an one by a citizen, through inadvertency or
want of information, he will be subject to an action in the supreme court. All the officers
concerned in issuing or executing the process will be liable to like actions. Thus may a
citizen of a state be compelled, at great expence and inconveniency, to defend himself
against a suit, brought against him in the supreme court, for inadvertently commencing an
action against the most menial servant of an ambassador for a just debt.

The appellate jurisdiction granted to the supreme court, in this paragraph, has justly been
considered as one of the most objectionable parts of the constitution: under this power,
appeals may be had from the inferior courts to the supreme, in every case to which the
judicial power extends, except in the few instances in which the supreme court will have
original jurisdiction.
By this article, appeals will lie to the supreme court, in all criminal as well as civil causes.
This I know, has been disputed by some; but I presume the point will appear clear to any
one, who will attend to the connection of this paragraph with the one that precedes it. In
the former, all the cases, to which the power of the judicial shall extend, whether civil or
criminal, are enumerated. There is no criminal matter, to which the judicial power of the
United States will extend; but such as are included under some one of the cases specified
in this section. For this section is intended to define all the cases, of every description, to
which the power of the judicial shall reach. But in all these cases it is declared, the
supreme court shall have appellate jurisdiction, except in those which affect ambassadors,
other public ministers and consuls, and those in which a state shall be a party. If then this
section extends the power of the judicial, to criminal cases, it allows appeals in such cases.
If the power of the judicial is not extended to criminal matters by this section, I ask, by
what part of this system does it appear, that they have any cognizance of them?
I believe it is a new and unusual thing to allow appeals in criminal matters. It is contrary to
the sense of our laws, and dangerous to the lives and liberties of the citizen. As our law
now stands, a person charged with a crime has a right to a fair and impartial trial by a jury
of his country [county?], and their verdict is final. If he is acquitted no other court can call
upon him to answer for the same crime. But by this system, a man may have had ever so
fair a trial, have been acquitted by ever so respectable a jury of his country; and still the
officer of the government who prosecutes, may appeal to the supreme court. The whole
matter may have a second hearing. By this means, persons who may have disobliged those
who execute the general government, may be subjected to intolerable oppression. They
may be kept in long and ruinous confinement, and exposed to heavy and insupportable
charges, to procure the attendence of witnesses, and provide the means of their defence, at
a great distance from their places of residence.
I can scarcely believe there can be a considerate citizen of the United States, that will
approve of this appellate jurisdiction, as extending to criminal cases, if they will give
themselves time for reflection.
Whether the appellate jurisdiction as it respects civil matters, will not prove injurious to the
rights of the citizens, and destructive of those privileges which have ever been held sacred
by Americans, and whether it will not render the administration of justice intolerably
burthensome, intricate, and dilatory, will best appear, when we have considered the nature
and operation of this power.
It has been the fate of this clause, as it has of most of those, against which unanswerable
objections have been offered, to be explained different ways, by the advocates and
opponents to the constitution. I confess I do not know what the advocates of the system,
would make it mean, for I have not been fortunate enough to see in any publication this
clause taken up and considered. It is certain however, they do not admit the explanation
which those who oppose the constitution give it, or otherwise they would not so frequently
charge them with want of candor, for alledging that it takes away the trial by jury[;]
appeals from an inferior to a superior court, as practised in the civil law courts, are well
understood. In these courts, the judges determine both on the law and the fact; and appeals
are allowed from the inferior to the superior courts, on the whole merits: the superior
tribunal will re-examine all the facts as well as the law, and frequently new facts will be
introduced, so as many times to render the cause in the court of appeals very different from
what it was in the court below.
If the appellate jurisdiction of the supreme court, be understood in the above sense, the
term is perfectly intelligible. The meaning then is, that in all the civil causes enumerated,
the supreme court shall have authority to re-examine the whole merits of the case, both
with respect to the facts and the law which may arise under it, without the intervention of a
jury; that this is the sense of this part of the system appears to me clear, from the express
words of it, "in all the other cases before mentioned, the supreme court shall have appellate
jurisdiction, both as to law and fact, &c." Who are the supreme court? Does it not consist
of the judges? and they are to have the same jurisdiction of the fact as they are to have of
the law. They will therefore have the same authority to determine the fact as they will have
to determine the law, and no room is left for a jury on appeals to the supreme court.
If we understand the appellate jurisdiction in any other way, we shall be left utterly at a
loss to give it a meaning; the common law is a stranger to any such jurisdiction: no appeals
can lie from any of our common law courts, upon the merits of the case; the only way in
which they can go up from an inferior to a superior tribunal is by habeas corpus before a
hearing, or by certiorari, or writ of error, after they are determined in the subordinate
courts; but in no case, when they are carried up, are the facts re-examined, but they are
always taken as established in the inferior courts.
(To be continued.)

Anti-Federalist No. 82, The Power of the Judiciary (Part IV)
Brutus IV (pt. 1)
6 March 1788
by Brutus
It may still be insisted that this clause [on appellate jurisdiction] does not take away the
trial by jury on appeals, but that this may be provided for by the legislature, under that
paragraph which authorises them to form regulations and restrictions for the court in the
exercise of this power.
The natural meaning of this paragraph seems to be no more than this, that Congress may
declare, that certain cases shall not be subject to the appellate jurisdiction, and they may
point out the mode in which the court shall proceed in bringing up the causes before them,
the manner of their taking evidence to establish the facts, and the method of the court's
proceeding. But I presume they cannot take from the court the right of deciding on the fact,
any more than they can deprive them of the right of determining on the law, when a cause
is once before them; for they have the same jurisdiction as to fact, as they have as to the
law. But supposing the Congress may under this clause establish the trial by jury on
appeals. It does not seem to me that it will render this article much less exceptionable. An
appeal from one court and jury, to another court and jury, is a thing altogether unknown in
the laws of our state [New York], and in most of the states in the union. A practice of this
kind prevails in the eastern states: actions are there commenced in the inferior courts, and
an appeal lies from them on the whole merits to the superior courts. The consequence is
well known. Very few actions are determined in the lower courts; it is rare that a case of
any importance is not carried by appeal to the supreme court, and the jurisdiction of the
inferior courts is merely nominal; this has proved so burdensome to the people in
Massachusetts, that it was one of the principal causes which excited the insurrection in that
state, in the year past. [There are] very few sensible and moderate men in that state but
what will admit, that the inferior courts are almost entirely useless, and answer very little
purpose, save only to accumulate costs against the poor debtors who are already unable to
pay their just debts.
But the operation of the appellate power in the supreme judicial of the United States,
would work infinitely more mischief than any such power can do in a single state.
The trouble and expense to the parties would be endless and intolerable. No man can say
where the supreme court are to hold their sessions; the presumption is, however, that it
must be at the seat of the general government. In this case parties must travel many
hundred miles, with their witnesses and lawyers, to prosecute or defend a suit. No man of
middling fortune, can sustain the expense of such a law suit, and therefore the poorer and
middling class of citizens will be under the necessity of submitting to the demands of the
rich and the lordly, in cases that will come under the cognizance of this court. If it be said,
that to prevent this oppression, the supreme court will sit in different parts of the union, it
may be replied, that this would only make the oppression somewhat more tolerable, but by
no means so much as to give a chance of justice to the poor and middling class. It is utterly
impossible that the supreme court can move into so many different parts of the Union, as to
make it convenient or even tolerable to attend before them with witnesses to try causes
from every part of the United States. If to avoid the expense and inconvenience of calling
witnesses from a great distance, to give evidence before the supreme court, the expedient
of taking the deposition of witnesses in writing should be adopted, it would not help the
matter. It is of great importance in the distribution of justice that witnesses should be
examined face to face, that the parties should have the fairest opportunity of cross
examining them in order to bring out the whole truth. There is something in the manner in
which a witness delivers his testimony which can not be committed to paper, and which
yet very frequently gives a complexion to his evidence, very different from what it would
bear if committed to writing. Besides, the expense of taking written testimony would be,
enormous. Those who are acquainted with the costs that arise in the courts, where all the
evidence is taken in writing, well know that they exceed beyond all comparison those of
the common law courts, where witnesses are examined viva voce.
The costs accruing in courts generally advance with the grade of the courts. Thus the
charges attending a suit in our common pleas, is much less than those in the supreme court,
and these are much lower than those in the court of chancery. Indeed, the costs in the last
mentioned court, are in many cases so exorbitant and the proceedings so dilatory that the
suitor had almost as well give up his demand as to prosecute his suit. We have just reason
to suppose, that the costs in the supreme general court will exceed either of our courts. The
officers of the general court will be more dignified than those of the states, the lawyers of
the most ability will practice in them, and the trouble and expense of attending them will
be greater. From all these considerations, it appears, that the expense attending suits in the
supreme court will be so great, as to put it out of the power of the poor and middling class
of citizens to contest a suit in it.
From these remarks it appears, that the administration of justice under the powers of the
judicial will be dilatory; that it will be attended with such an heavy expense as to amount
to little short of a denial of justice to the poor and middling class of people who in every
government stand most in need of the protection of the law; and that the trial by jury,
which has so justly been the boast of our forefathers as well as ourselves is taken away
under them.
These extraordinary powers in this court are the more objectionable, because there does not
appear the least necessity for them, in order to secure a due and impartial distribution of
justice.
The want of ability or integrity, or a disposition to render justice to every suitor, has not
been objected against the courts of the respective states. So far as I have been informed, the
courts of justice in all the states have ever been found ready to administer justice with
promptitude and impartiality according to the laws of the land. It is true in some of the
states, paper money has been made, and the debtor authorised to discharge his debts with
it, at a depreciated value; in others, tender laws have been passed, obliging the creditor to
receive on execution other property than money in discharge of his demand; and in several
of the states laws have been made unfavorable to the creditor and tending to render
property insecure.
But these evils have not happened from any defect in the judicial departments of the states.
The courts indeed are bound to take notice of these laws, and so will the courts of the
general government be under obligation to observe the laws made by the general
legislature not repugnant to the constitution. But so far have the judicial been from giving
undue latitude of construction to laws of this kind, that they have invariably strongly
inclined to the other side. All the acts of our legislature, which have been charged with
being of this complexion, have uniformly received the strictest construction by the judges,
and have been extended to no cases but to such as came within the strict letter of the law.
In this way, have our courts, I will not say evaded the law, but so limited its operation as to
work the least possible injustice. The same thing has taken place in Rhode-Island, which
has justly rendered herself infamous, by tenaciously adhering to her paper money system.
The judges there gave a decision, in opposition to the words of the statute, on this
principle: that a construction according to the words of it would contradict the fundamental
maxims of their laws and constitution.
No pretext therefore can be formed, from the conduct of the judicial courts [of the states],
which will justify giving such powers to the supreme general court. For their decisions
have been such as to give just ground of confidence in them, that they will finally adhere to
the principles of rectitude; and there is no necessity of lodging these powers in the [federal]
courts, in order to guard against the evils justly complained of, on the subject of security of
property under this constitution. For it has provided, "that no state shall emit bills of credit,
or make any thing but gold and silver coin a tender in payment of debts." It has also
declared, that "no state shall pass any law impairing the obligation of contracts." These
prohibitions give the most perfect security against those attacks upon property which I am
sorry to say some of the states have but too wantonly made, . . . For "this constitution will
be the supreme law of the land, and the judges in every state will be bound thereby; any
thing in the constitution and laws of any state to the contrary notwithstanding."
The courts of the respective states might therefore have been securely trusted with deciding
all cases between man and man, whether citizens of the same state or of different states, or
between foreigners and citizens. Indeed, for ought I see, every case that can arise under the
constitution or laws of the United States ought in the first instance to be tried in the court
of the state, except those which might arise between states, such as respect ambassadors, or
other public ministers, and perhaps such as call in question the claim of lands under grants
from different states. The state courts would be under sufficient control, if writs of error
were allowed from the state courts to the supreme court of the union, according to the
practice of the courts in England and of this state, on all cases in which the laws of the
union are concerned, and perhaps to all cases in which a foreigner is a party.
This method would preserve the good old way of administering justice, would bring justice
to every man's door, and preserve the inestimable right of trial by jury. It would be
following, as near as our circumstances will admit, the practice of the courts in England,
which is almost the only thing I would wish to copy in their government.
But as this system now stands, there is to be as many inferior courts as Congress may see
fit to appoint, who are to be authorised to originate and in the first instance to try all the
cases falling under the description of this article. There is no security that a trial by jury
shall be had in these courts, but the trial here will soon become, as it is in Massachusetts'
inferior courts, [a] mere matter of form; for an appeal may be had to the supreme court on
the whole merits. This court is to have power to determine in law and in equity, on the law
and the fact, and this court is exalted above all other power in the government, subject to
no control; and so fixed as not to be removable, but upon impeachment, which is much the
same thing as not to be removable at all.
To obviate the objections made to the judicial power, it has been said, that the Congress, in
forming the regulations and exceptions which they are authorised to make respecting the
appellate jurisdiction, will make provision against all the evils which are apprehended from
this article. On this I would remark, that this way of answering the objection made to the
power, implies an admission that the power is in itself improper without restraint; and if so,
why not restrict it in the first instance.
The just way of investigating any power given to a government, is to examine its operation
supposing it to be put in exercise. If upon inquiry, it appears that the power, if exercised,
would be prejudicial, it ought not to be given. For to answer objections made to a power
given to a government, by saying it will never be exercised, is really admitting that the
power ought not to be exercised, and therefore ought not to be granted.
Brutus XV (pt. 2)
20 March 1788
(Continued.)
I have, in the course of my observation on this constitution, affirmed and endeavored to

shew, that it was calculated to abolish entirely the state governments, and to melt down the
states into one entire government, for every purpose as well internal and local, as external
and national. In this opinion the opposers of the system have generally agreedand this
has been uniformly denied by its advocates in public. Some individuals, indeed, among
them, will confess, that it has this tendency, and scruple not to say, it is what they wish;
and I will venture to predict, without the spirit of prophecy, that if it is adopted without
amendments, or some such precautions as will ensure amendments immediately after its
adoption, that the same gentlemen who have employed their talents and abilities with such
success to influence the public mind to adopt this plan, will employ the same to persuade
the people, that it will be for their good to abolish the state governments as useless and
burdensome.
Perhaps nothing could have been better conceived to facilitate the abolition of the state
governments than the constitution of the judicial. They will be able to extend the limits of
the general government gradually, and by insensible degrees, and to accomodate
themselves to the temper of the people. Their decisions on the meaning of the constitution
will commonly take place in cases which arise between individuals, with which the public
will not be generally acquainted; one adjudication will form a precedent to the next, and
this to a following one. These cases will immediately affect individuals only; so that a
series of determinations will probably take place before even the people will be informed
of them. In the mean time all the art and address of those who wish for the change will be
employed to make converts to their opinion. The people will be told, that their state
officers, and state legislatures are a burden and expence without affording any solid
advantage, for that all the laws passed by them, might be equally well made by the general
legislature. If to those who will be interested in the change, be added, those who will be
under their influence, and such who will submit to almost any change of government,
which they can be persuaded to believe will ease them of taxes, it is easy to see, the party
who will favor the abolition of the state governments would be far from being
inconsiderable.In this situation, the general legislature, might pass one law after another,
extending the general and abridging the state jurisdictions, and to sanction their
proceedings would have a course of decisions of the judicial to whom the constitution has
committed the power of explaining the constitution.If the states remonstrated, the
constitutional mode of deciding upon the validity of the law, is with the supreme court, and
neither people, nor state legislatures, nor the general legislature can remove them or
reverse their decrees.
Had the construction of the constitution been left with the legislature, they would have
explained it at their peril; if they exceed their powers, or sought to find, in the spirit of the
constitution, more than was expressed in the letter, the people from whom they derived
their power could remove them, and do themselves right; and indeed I can see no other
remedy that the people can have against their rulers for encroachments of this nature. A
constitution is a compact of a people with their rulers; if the rulers break the compact, the
people have a right and ought to remove them and do themselves justice; but in order to
enable them to do this with the greater facility, those whom the people chuse at stated
periods, should have the power in the last resort to determine the sense of the compact; if
they determine contrary to the understanding of the people, an appeal will lie to the people
at the period when the rulers are to be elected, and they will have it in their power to
remedy the evil; but when this power is lodged in the hands of men independent of the
people, and of their representatives, and who are not, constitutionally, accountable for their
opinions, no way is left to controul them but with a high hand and an outstretched arm.

Anti-Federalist No. 83, The Federal Judiciary and the Issue of Trial by Jury
by Luther Martin of Maryland
. in all those cases, where the general government has jurisdiction in civil questions, the
proposed Constitution not only makes no provision for the trial by jury in the first instance,
but, by its appellate jurisdiction, absolutely takes away that inestimable privilege, since it
expressly declares the Supreme Court shall have appellate jurisdiction both as to law and
fact. Should, therefore, a jury be adopted in the inferior court, it would only be a needless
expense, since, on an appeal, the determination of that jury, even on questions of fact,
however honest and upright, is to be of no possible effect. The Supreme Court is to take up
all questions of fact; to examine the evidence relative thereto; to decide upon them, in the
same manner as if they had never been tried by a jury. Nor is trial by jury secured in
criminal cases. It is true that, in the first instance, in the inferior court, the trial is to be by
jury. In this, and in this only, is the difference between criminal and civil cases. But, sir,
the appellate jurisdiction extends, as I have observed, to cases criminal, as well as civil,
and on the appeal the court is to decide not only on the law but on the fact. If, therefore,
even in criminal cases, the general government is not satisfied with the verdict of the jury,
its officer may remove the prosecution to the Supreme Court; and there the verdict of the
jury is to be of no effect, but the judges of this court are to decide upon the fact as well as
the law, the same as in civil cases.
Thus, sir, jury trials, which have ever been the boast of the English constitutionwhich
have been by our several state constitutions so cautiously secured to usjury trials, which
have so long been considered the surest barrier against arbitrary power, and the palladium
of liberty, with the loss of which the loss of our freedom may be dated, are taken away by
the proposed form of government, not only in a great variety of questions between
individual and individual, but in every case, whether civil or criminal, arising under the
laws of the United States, or the execution of those laws. It is taken away in those very
cases where, of all others, it is most essential for our liberty to have it sacredly guarded and
preserved: in every case, whether civil or criminal, between government and its officers on
the one part, and the subject or citizen on the other. Nor was this the effect of inattention,
nor did it arise from any real difficulty in establishing and securing jury trials by the
proposed Constitution if the Convention had wished to do so; but the same reason
influenced here as in the case of the establishment of the inferior courts. As they could not
trust state judges, so would they not confide in state juries. They alleged that the general
government and the state governments would always be at variancethat the citizens of
the different states would enter into the views and interests of their respective states, and
therefore ought not to be trusted in determining causes in which the general government
was any way interested, without giving the general government an opportunity, if it
disapproved the verdict of the jury, to appeal, and to have the facts examined into again,
and decided upon by its own judges, on whom it was thought a reliance might be had by
the general government, they being appointed under its authority. Thus, sir, in consequence
of this appellate jurisdiction, and its extension to facts as well as to law, every arbitrary act
of the general government, and every oppression of all that variety of officers appointed
under its authority for the collection of taxes, duties, impost, excise, and other purposes,
must be submitted to by the individual, or must be opposed with little prospect of success,
and almost a certain prospect of ruin, at least in those cases where the middle and common
class of citizens are interested. Since, to avoid that oppression, or to obtain redress, the
application must be made to one of the courts of the United Statesby good fortune,
should this application be in the first instance attended with success, and should damages
be recovered equivalent to the injury sustained, an appeal lies to the Supreme Court, in
which case the citizen must at once give up his cause, or he must attend to it at the
distance, perhaps, of more than a thousand miles from the place of his residence, and must
take measures to procure before that court, on the appeal, all the evidence necessary to
support his action, which, even if ultimately prosperous, must be attended with a loss of
time, a neglect of business, and an expense, which will be greater than the original
grievance, and to which men in moderate circumstances would be utterly unequal.

Anti-Federalist No. 84, On the Lack of a Bill of Rights (Brutus II)
1 November 1787
I flatter myself that my last address established this position, that to reduce the Thirteen
States into one government, would prove the destruction of your liberties.
But lest this truth should be doubted by some, I will now proceed to consider its merits.
Though it should be admitted, that the argument[s] against reducing all the states into one
consolidated government, are not sufficient fully to establish this point; yet they will, at
least, justify this conclusion, that in forming a constitution for such a country, great care
should be taken to limit and definite its powers, adjust its parts, and guard against an abuse
of authority. How far attention has been paid to these objects, shall be the subject of future
enquiry. When a building is to be erected which is intended to stand for ages, the
foundation should be firmly laid. The constitution proposed to your acceptance, is
designed not for yourselves alone, but for generations yet unborn. The principles,
therefore, upon which the social compact is founded, ought to have been clearly and
precisely stated, and the most express and full declaration of rights to have been made
But on this subject there is almost an entire silence.
If we may collect the sentiments of the people of America, from their own most solemn
declarations, they hold this truth as self evident, that all men are by nature free. No one
man, therefore, or any class of men, have a right, by the law of nature, or of God, to
assume or exercise authority over their fellows. The origin of society then is to be sought,
not in any natural right which one man has to exercise authority over another, but in the
united consent of those who associate. The mutual wants of men, at first dictated the
propriety of forming societies; and when they were established, protection and defence
pointed out the necessity of instituting government. In a state of nature every individual
pursues his own interest; in this pursuit it frequently happened, that the possessions or
enjoyments of one were sacrificed to the views and designs of another; thus the weak were
a prey to the strong, the simple and unwary were subject to impositions from those who
were more crafty and designing. In this state of things, every individual was insecure;
common interest therefore directed, that government should be established, in which the
force of the whole community should be collected, and under such directions, as to protect
and defend every one who composed it. The common good, therefore, is the end of civil
government, and common consent, the foundation on which it is established. To effect this
end, it was necessary that a certain portion of natural liberty should be surrendered, in
order, that what remained should be preserved: how great a proportion of natural freedom
is necessary to be yielded by individuals, when they submit to government, I shall not now
enquire. So much, however, must be given up, as will be sufficient to enable those, to
whom the administration of the government is committed, to establish laws for the
promoting the happiness of the community, and to carry those laws into effect. But it is not
necessary, for this purpose, that individuals should relinquish all their natural rights. Some
are of such a nature that they cannot be surrendered. Of this kind are the rights of
conscience, the right of enjoying and defending life, etc. Others are not necessary to be
resigned, in order to attain the end for which government is instituted, these therefore
ought not to be given up. To surrender them, would counteract the very end of
government, to wit, the common good. From these observations it appears, that in forming
a government on its true principles, the foundation should be laid in the manner I before
stated, by expressly reserving to the people such of their essential natural rights, as are not
necessary to be parted with. The same reasons which at first induced mankind to associate
and institute government, will operate to influence them to observe this precaution. If they
had been disposed to conform themselves to the rule of immutable righteousness,
government would not have been requisite. It was because one part exercised fraud,
oppression, and violence on the other, that men came together, and agreed that certain rules
should be formed, to regulate the conduct of all, and the power of the whole community
lodged in the hands of rulers to enforce an obedience to them. But rulers have the same
propensities as other men; they are as likely to use the power with which they are vested
for private purposes, and to the injury and oppression of those over whom they are placed,
as individuals in a state of nature are to injure and oppress one another. It is therefore as
proper that bounds should be set to their authority, as that government should have at first
been instituted to restrain private injuries.
This principle, which seems so evidently founded in the reason and nature of things, is
confirmed by universal experience. Those who have governed, have been found in all ages
ever active to enlarge their powers and abridge the public liberty. This has induced the
people in all countries, where any sense of freedom remained, to fix barriers against the
encroachments of their rulers. The country from which we have derived our origin, is an
eminent example of this. Their magna charta and bill of rights have long been the boast, as
well as the security, of that nation. I need say no more, I presume, to an American, than,
that this principle is a fundamental one, in all the constitutions of our own states; there is
not one of them but what is either founded on a declaration or bill of rights, or has certain
express reservation of rights interwoven in the body of them. From this it appears, that at a
time when the pulse of liberty beat high and when an appeal was made to the people to
form constitutions for the government of themselves, it was their universal sense, that such
declarations should make a part of their frames of government. It is therefore the more
astonishing, that this grand security, to the rights of the people, is not to be found in this
constitution.
It has been said, in answer to this objection, that such declaration[s] of rights, however
requisite they might be in the constitutions of the states, are not necessary in the general
constitution, because, "in the former case, every thing which is not reserved is given, but in
the latter the reverse of the proposition prevails, and every thing which is not given is
reserved." It requires but little attention to discover, that this mode of reasoning is rather
specious than solid. The powers, rights, and authority, granted to the general government
by this constitution, are as complete, with respect to every object to which they extend, as
that of any state governmentIt reaches to every thing which concerns human
happinessLife, liberty, and property, are under its controul. There is the same reason,
therefore, that the exercise of power, in this case, should be restrained within proper limits,
as in that of the state governments. To set this matter in a clear light, permit me to instance
some of the articles of the bills of rights of the individual states, and apply them to the case
in question.
For the security of life, in criminal prosecutions, the bills of rights of most of the states
have declared, that no man shall be held to answer for a crime until he is made fully
acquainted with the charge brought against him; he shall not be compelled to accuse, or
furnish evidence against himselfThe witnesses against him shall be brought face to face,
and he shall be fully heard by himself or counsel. That it is essential to the security of life
and liberty, that trial of facts be in the vicinity where they happen. Are not provisions of
this kind as necessary in the general government, as in that of a particular state? The
powers vested in the new Congress extend in many cases to life; they are authorised to
provide for the punishment of a variety of capital crimes, and no restraint is laid upon them
in its exercise, save only, that "the trial of all crimes, except in cases of impeachment, shall
be by jury; and such trial shall be in the state where the said crimes shall have been
committed." No man is secure of a trial in the county where he is charged to have
committed a crime; he may be brought from Niagara to New-York, or carried from
Kentucky to Richmond for trial for an offence, supposed to be committed. What security is
there, that a man shall be furnished with a full and plain description of the charges against
him? That he shall be allowed to produce all proof he can in his favor? That he shall see
the witnesses against him face to face, or that he shall be fully heard in his own defence by
himself or counsel?
For the security of liberty it has been declared, "that excessive bail should not be required,
nor excessive fines imposed, nor cruel or unusual punishments inflictedThat all
warrants, without oath or affirmation, to search suspected places, or seize any person, his
papers or property, are grievous and oppressive."
These provisions are as necessary under the general government as under that of the
individual states; for the power of the former is as complete to the purpose of requiring
bail. imposing fines, inflicting punishments, granting search warrants, and seizing persons,
papers, or property, in certain cases, as the other.
For the purpose of securing the property of the citizens, it is declared by all the states, "that
in all controversies at law, respecting property, the ancient mode of trial by jury is one of
the best securities of the rights of the people, and ought to remain sacred and inviolable."
Does not the same necessity exist of reserving this right, under this national compact, as in
that of these states? Yet nothing is said respecting it. In the bills of rights of the states it is
declared, that a well regulated militia is the proper and natural defence of a free
governmentThat as standing armies in time of peace are dangerous, they are not to be
kept up, and that the military should be kept under strict subordination to, and controuled
by the civil power.

The same security is as necessary in this constitution, and much more so; for the general
government will have the sole power to raise and to pay armies, and are under no controul
in the exercise of it; yet nothing of this is to be found in this new system.
I might proceed to instance a number of other rights, which were as necessary to be

reserved, such as, that elections should be free, that the liberty of the press should be held
sacred; but the instances adduced, are sufficient to prove, that this argument is without
foundation.Besides, it is evident, that the reason here assigned was not the true one, why
the framers of this constitution omitted a bill of rights; if it had been, they would not have
made certain reservations, while they totally omitted others of more importance. We find
they have, in the 9th section of the 1st article, declared, that the writ of habeas corpus shall
not be suspended, unless in cases of rebellionthat no bill of attainder, or expost facto
law, shall be passedthat no title of nobility shall be granted by the United States, &c. If
every thing which is not given is reserved, what propriety is there in these exceptions?
Does this constitution any where grant the power of suspending the habeas corpus, to make
expost facto laws, pass bills of attainder, or grant titles of nobility? It certainly does not in
express terms. The only answer that can be given is, that these are implied in the general
powers granted. With equal truth it may be said, that all the powers, which the bills of
right, guard against the abuse of, are contained or implied in the general ones granted by
this constitution.
So far it is from being true, that a bill of rights is less necessary in the general constitution
than in those of the states, the contrary is evidently the fact.This system, if it is possible
for the people of America to accede to it, will be an original compact: and being the last,
will, in the nature of things, vacate every former agreement inconsistent with it. For it
being a plan of government received and ratified by the whole people, all other forms,
which are in existence at the time of its adoption, must yield to it. This is expressed in
positive and unequivocal terms, in the 6th article, "That 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 the authority of the United States, shall be the supreme law of
the land; and the judges in every state shall be bound thereby, any thing in the constitution,
or laws of any state, to the contrary notwithstanding.
"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."
It is therefore not only necessarily implied thereby, but positively expressed, that the
different state constitutions are repealed and entirely done away. so far as they are
inconsistent with this, with the laws which shall be made in pursuance thereof, or with
treaties made. or which shall be made, under the authority of the United States; of what
avail will the constitutions of the respective states be to preserve the rights of its citizens?
should they be plead, the answer would be. the constitution of the United States, and the
laws made in pursuance thereof, is the supreme law, and all legislatures and judicial
officers, whether of the general or state governments, are bound by oath to support it. No
priviledge, reserved by the bills of rights, or secured by the state government, can limit the
power granted by this, or restrain any laws made in pursuance of it. It stands therefore on
its own bottom, and must receive a construction by itself without any reference to any
otherAnd hence it was of the highest importance, that the most precise and express
declarations and reservations of rights should have been made.
This will appear the more necessary, when it is considered, that not only the constitution
and laws made in pursuance thereof, but all treaties made, or which shall be made, under
the authority of the United States, are the supreme law of the land, and supersede the
constitutions of all the states. The power to make treaties, is vested in the president, by and
with the advice and consent of two thirds of the senate. I do not find any limitation, or
restriction, to the exercise of this power. The most important article in any constitution
may therefore be repealed, even without a legislative act. Ought not a government, vested
with such extensive and indefinite authority. to have been restricted by a declaration of
rights? It certainly ought.
So clear a point is this, that I cannot help suspecting, that persons who attempt to persuade
people, that such reservations were less necessary under this constitution than under those
of the states, are wilfully endeavouring to deceive, and to lead you into an absolute state of
vassalage.

Anti-Federalist No. 85, Evils Under Confederation Exaggerated; Constitution Must Be

Drastically Revised Before Adoption
by Melancthon Smith, A Plebian
It is agreed, the plan is defectivethat some of the powers granted are dangerous
others not well definedand amendments are necessary why then not amend it? Why not
remove the cause of danger, and, possible, even the apprehension of it? The instrument is
yet in the hands of the people; it is not signed, sealed, and delivered, and they have power
to give it any form they please.
But it is contended, adopt it first, and then amend it. I ask, why not amend, and then adopt
it? Most certainly the latter mode of proceeding is more consistent with our ideas of
prudence in the ordinary concerns of life. If men were about entering into a contract
respecting their private concerns it would be highly absurd in them to sign and seal an
instrument containing stipulations which are contrary to their interests and wishes, under
the expectation, that the parties, after its execution, would agree to make alteration
agreeable to their desire. They would insist upon the exceptionable clause being altered
before they would ratify the contract. And is a compact for the government of ourselves
and our posterity of less moment than contract between individuals? Certainly not. But to
this reasoning, which at first vie would appear to admit of no reply, a variety of objections
are made, and number of reasons urged for adopting the system, and afterwards proposing
amendments. Such as have come under my observation, I shall state, an remark upon.
It is insisted, that the present situation of our country is such, as not t admit of a delay in
forming a new government, or of time sufficient to deliberate and agree upon the
amendments which are proper, without involving ourselves in a state of anarchy and
confusion.
On this head, all the powers of rhetoric, and arts of description, are employed to paint the
condition of this country, in the most hideous an frightful colors. We are told, that
agriculture is without encouragement trade is languishing; private faith and credit are
disregarded, and public credit is prostrate; that the laws and magistrates are condemned
and set at naught; that a spirit of licentiousness is rampant, and ready to break over every
bound set to it by the government; that private embarrassments and distresses invade the
house of every man of middling property, and insecurity threatens every man in affluent
circumstances: in short, that we are in a state of the most grievous calamity at home, and
that we are contemptible abroad, the scorn of foreign nations, and the ridicule of the world.
From this high wrought picture, one would suppose that we were in a condition the most
deplorable of any people upon earth. But suffer me, my countrymen, to call your attention
to a serious and sober estimate of the situation in which you are placed, while I trace the
embarrassments under which you labor, to their true sources, What is your condition? Does
not every man sit under his own vine and under his own fig-tree, having none to make him
afraid? Does not every one follow his calling without impediments and receive the reward
of his well-earned industry? The farmer cultivates his land, and reaps the fruit which the
bounty of heaven bestows on his honest toil. The mechanic is exercised in his art, and
receives the reward of his labor. The merchant drives his commerce, and none can deprive
him of the gain he honestly acquires; all classes and callings of men amongst us are
protected in their various pursuits, and secured by the laws in the possession and
enjoyment of the property obtained in those pursuits. The laws are as well executed as they
ever were, in this or any other country. Neither the hand of private violence, nor the more
to be dreaded hand of legal oppression, are reached out to distress us.
It is true, many individuals labor under embarrassments, but these are to be imputed to the
unavoidable circumstances of things, rather than to any defect in our governments. We
have just emerged from a long and expensive war. During its existence few people were in
a situation to increase their fortunes, but many to diminish them. Debts contracted before
the war were left unpaid while it existed, and these were left a burden too heavy to be
home at the commencement of peace. Add to these, that when the war was over, too many
of us, instead of reassuming our old habits of frugality, and industry, by which alone every
country must be placed in a prosperous condition, took up the profuse use of foreign
commodities. The country was deluged with articles imported from abroad, and the cash of
the country has been sent to pay for them, and still left us laboring under the weight of a
huge debt to persons abroad. These are the true sources to which we are to trace all the
private difficulties of individuals. But will a new government relieve you from these?
Your present condition is such as is common to take place after the conclusion of a war.
Those who can remember our situation after the termination of the war preceding the last,
will recollect that our condition was similar to the present, but time and industry soon
recovered us from it. Money was scarce, the produce of the country much lower than it has
been since the peace, and many individuals were extremely embarrassed with debts; and
this happened although we did not experience the ravages, desolations, and loss of
property, that were suffered during the late war.
With regard to our public and national concerns, what is there in our condition that
threatens us with any immediate danger? We are at peace with all the world; no nation
menaces us with war; nor are we called upon by any cause of sufficient importance to
attack any nation. The state governments answer the purposes of preserving the peace, and
providing for present exigencies. Our condition as a nation is in no respect worse than it
has been for several years past. Our public debt has been lessened in various ways, and the
western territory, which has been relied upon as a productive fund to discharge the national
debt has at length been brought to market, and a considerable part actually applied to its
reduction. I mention these things to show, that there is nothing special, in our present
situation, as it respects our national affairs, that should induce us to accept the proffered
system, without taking sufficient time to consider and amend it. I do not mean by this, to
insinuate, that our government does not stand in need of reform. It is admitted by all
parties, that alterations are necessary in our federal constitution, but the circumstances of
our case do by no means oblige us to precipitate this business, or require that we should
adopt a system materially defective. We may safely take time to deliberate and amend,
without in the meantime hazarding a condition, in any considerable degree, worse than the
present.
But it is said that if we postpone the ratification of this system until the necessary
amendments are first incorporated, the consequence will be a civil war among the states.
The idea of [New York] being attacked by the other states, will appear visionary and
chimerical, if we consider that tho' several of them have adopted the new constitution, yet
the opposition to it has been numerous and formidable. The eastern states from whom we
are told we have most to fear, should a civil war be blown up, would have full employ to
keep in awe those who are opposed to it in their own governments. Massachusetts, after a
long and dubious contest in their convention, has adopted it by an inconsiderable majority,
and in the very act has marked it with a stigma in its present form. No man of candor,
judging from their public proceedings, will undertake to say on which side the majority of
the people are. Connecticut, it is true, have acceded to it, by a large majority of their
convention; but it is a fact well known, that a large proportion of the yeomanry of the
country are against it. And it is equally true, that a considerable part of those who voted for
it in the convention, wish to see it altered. In both these states the body of the common
people, who always do the fighting of a country, would be more likely to fight against than
for it. Can it then be presumed, that a country divided among themselves, upon a question
where even the advocates for it, admit the system they contend for needs amendments,
would make war upon a sister state? The idea is preposterous
The reasonings made use of to persuade us, that no alterations can be agreed upon previous
to the adoption of the system, are as curious as they are futile. It is alleged, that there was
great diversity of sentiments in forming the proposed constitution; that it was the effect of
mutual concessions and a spirit of accommodation, and from hence it is inferred, that
further changes cannot be hoped for. I should suppose that the contrary inference was the
fair one. If the convention, who framed this plan, were possessed of such a spirit of
moderation and condescension, as to be induced to yield to each other certain points, and
to accommodate themselves to each other's opinions, and even prejudices, there is reason
to expect, that this same spirit will continue and prevail in a future convention, and
produce an union of sentiments on the points objected to. There is more reason to hope for
this, because the subject has received a full discussion, and the minds of the people much
better known than they were when the convention sat. Previous to the meeting of the
convention, the subject of a new form of government had been little thought of, and
scarcely written upon at all. It is true, it was the general opinion, that some alterations were
requisite in the federal system. This subject had been contemplated by almost every
thinking man in the union. It had been the subject of many well-written essays, and it was
the anxious wish of every true friend to America. But it was never in the contemplation of
one in a thousand of those who had reflected on the matter, to have an entire change in the
nature of our federal governmentto alter it from a confederation of states, to that of one
entire government, which will swallow up that of the individual states. I will venture to
say, that the idea of a government similar to the one proposed, never entered the minds of
the legislatures who appointed the convention, and of but very few of the members who
composed it, until they had assembled and heard it proposed in that body: much less had
the people any conception of such a plan until after it was promulgated, While it was
agitated, the debates of the convention were kept an impenetrable secret, and no
opportunity was given for well informed men to offer their sentiments upon the subject.
The system was therefore never publicly discussed, nor indeed could be, because it was not
known to the people until after it was proposed. Since then, it has been the object of
universal attentionit has been thought of by every reflecting manbeen discussed in a
public and private manner, in conversation and in print; its defects have been pointed out,
and every objection to it stated; able advocates have written in its favor, and able
opponents have written against it. And what is the result? It cannot be denied but that the
general opinion is, that it contains material errors, and requires important amendments.
This then being the general sentiment, both of the friends and foes of the system, can it be
doubted, that another convention would concur in such amendments as would quiet the
fears of the opposers, and effect a great degree of union on the subject?An event most
devoutly to be wished. But it is further said, that there can be no prospect of procuring
alterations before it is acceded to, because those who oppose it do not agree among
themselves with respect to the amendments that are necessary. To this I reply, that this may
be urged against attempting alterations after it is received, with as much force as before;
and therefore, if it concludes anything, it is that we must receive any system of government
proposed to us, because those who object to it do not entirely concur in their objections.
But the assertion is not true to any considerable extent. There is a remarkable uniformity in
the objections made to the constitution, on the most important points. It is also worthy of
notice, that very few of the matters found fault with in it, are of a local nature, or such as
affect any particular state; on the contrary, they are such as concern the principles of
general liberty, in which the people of New Hampshire, New York and Georgia are equally
interested.
It has been objected too that the new systemis calculated to and will effect such a
consolidation of the States, as to supplant and overturn the state governments.
It has been said that the representation in the general legislature is too small to secure
liberty, or to answer the intention of representation. In this there is an union of sentiments
in the opposers.
The constitution has been opposed, because it gives to the legislature an unlimited power
of taxation both with respect to direct and indirect taxes, a right to lay and collect taxes,
duties, imposts and excises of every kind and description, and to any amount. In this there
has been as general a concurrence of opinion as in the former.
The opposers to the constitution have said that it is dangerous, because the judicial power
may extend to many cases which ought to be reserved to the decision of the State courts,
and because the right of trial by jury is not secured in the judicial courts of the general
government, in civil cases. All the opposers are agreed in this objection.
The power of the general legislature to alter and regulate the time, place and manner of
holding elections, has been stated as an argument against the adoption of the system. The
opposers to the constitution universally agree in this objection
The mixture of legislative, judicial, and executive powers in the Senate; the little degree of
responsibility under which the great officers of government will be held; and the liberty
granted by the system to establish and maintain a standing army without any limitation or
restriction, are also objected to the constitution; and in these there is a great degree of
unanimity of sentiment in the opposers.

You have heard that both sides on this great question, agree, that there are in it great
defects; yet the one side tell you, choose such men as will adopt it, and then amend it
while the other say, amend previous to its adoption. I have stated to you my reasons for the
latter, and I think they are unanswerable. Consider, you the common people, the yeomanry
of the country, for to such I principally address myself, you are to be the principal losers, if
the constitution should prove oppressive. When a tyranny is established, there are always
masters as well as slaves; the great and well-born are generally the former, and the
middling class the latter. Attempts have been made, and will be repeated, to alarm you
with the fear of consequences; but reflect there are consequences on both sides, and none
can be apprehended more dreadful, than entailing on ourselves and posterity a government
which will raise a few to the height of human greatness and wealth, while it will depress
the many to the extreme of poverty and wretchedness. Consequences are under the control
of that all-wise and all-powerful being, whose providence conducts the affairs of all men.
Our part is to act right, and we may then have confidence that the consequences will be
favorable. The path in which you should walk is plain and open before you; be united as
one man, and direct your choice to such men as have been uniform in their opposition to
the proposed system in its present form, or without proper alterations. In men of this
description you have reason to place confidence, while on the other hand, you have just
cause to distrust those who urge the adoption of a bad constitution, under the delusive
expectation of making amendments after it is acceded to. Your jealousy of such characters
should be the more excited, when you consider that the advocates for the constitution have
shifted their ground. When men are uniform in their opinions, it affords evidence that they
are sincere. When they are shifting, it gives reason to believe, they do not change from
conviction. It must be recollected, that when this plan was first announced to the public, its
supporters cried it up as the most perfect production of human wisdom, It was represented
either as having no defects, or if it had, they were so trifling and inconsiderable, that they
served only, as the shades in a fine picture, to set off the piece to the greater advantage.
One gentleman in Philadelphia went so far in the ardor of his enthusiasm in its favor, as to
pronounce, that the men who formed it were as really under the guidance of Divine
Revelation, as was Moses, the Jewish lawgiver. Their language is now changed; the
question has been discussed; the objections to the plan ably stated, and they are admitted to
be unanswerable. The same men who held it almost perfect, now admit it is very imperfect;
that it is necessary it should be amended. The only question between us, is simply this shall
we accede to a bad constitution, under the uncertain prospect of getting it amended, after
we have received it, or shall we amend it before we adopt it? Common sense will point out
which is the most rational, which is the most secure line of conduct. May heaven inspire
you with wisdom, union, moderation and firmness, and give you hearts to make a proper
estimate of your invaluable privileges, and preserve them to you, to be transmitted to your
posterity unimpaired, and may they be maintained in this our country, while Sun and Moon
endure.

NOTES

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THE

INTRODUCTION TO THE ANTI-FEDERALIST PAPERS

Lacking a planned presentation, the anti-Federalist arguments, presented by more than 50

An in-depth series was published in 1981. The Complete Anti-Federalist is a seven-volume

24 Brutus #9 Objections to a Standing Army (part 1) 1788 Jan 17

Different Consideration" (Part 1)

63 Federal Farmer On the Organization and Powers of the Senate (Part 2)

Anti-Federalist No. 1, A Dangerous Plan of Benefit only to the "Aristocratick

Anti-Federalist No. 2, We have been told of Phantoms

increased in proportion as power tends by representation or delegation, to a concentration

As to any nation attacking a number of confederated independent republics ... it is not to be

June 5, 7, and 9, 1788

If we recollect, on last Saturday, I made some observations on some of those dangers

There is no danger of a dismemberment of our country, unless a Constitution be adopted

The honorable gentleman [either James Madison or Edmund Randolph], cannot be

The Confederation, this despised government, merits, in my opinion, the highest

Anti-Federalist No. 5, Scotland and EnglandA Case in Point

Anti-Federalist No. 7, Adoption of the Constitution Will Lead to Civil War

"PHILANTHROPOS," (an anonymous Virginia Antifederalist) appeared in The Virginia

Beware my countrymen! Our enemiesuncontrolled as they are in their ambitious

Anti-Federalist No. 9, A Consolidated Government is a Tyranny

"MONTEZUMA," regarded as a Pennsylvanian, wrote this essay which showed up in the

Signed by unanimous order of the lords spiritual and temporal.

Antifederalist No. 10, On the Preservation of Parties, Public Liberty Depends

By John Francis Mercer, A [Maryland] Farmer

changes which high-toned government requires. A conflict would terminate in the

Scholars regard James Winthrop of Cambridge, Mass. to be the "Agrippa" who

Agrippa VIII (excerpt)

by James Winthrop, Agrippa

by James Winthrop, Agrippa

by James Winthrop, Agrippa

Agrippa VII (excerpt)

by James Winthrop, Agrippa

"CINCINNATUS" is an Antifederalist writer. In this essay, from an Address to a Meeting

Anti-Federalist No. 13, The Expense of the New Government

The Expense of the New Government

An unsigned essay from The Connecticut Journal, October 17, 1787.

by George Clinton, Cato

George Clinton, Governor of New York, was an adversary of the Constitution. He is

To the Citizens of the State of New York,

Anti-Federalist No. 15, Rhode Island is Right!

by Robert Yates, Brutus

To the Citizens of the State of New-York.

This government is to possess absolute and uncontroulable power, legislative, executive

Anti-Federalist No. 18-19-20, What Does History Teach? (Part 1)

. By the proposed constitution, every law, before it passes, is to undergo repeated

In different nations, we find different grants or reservations of privileges appealed to in the

Anti-Federalist No. 18-19-20, What Does History Teach? (Part 2)

This essay is composed of excerpts from "CENTINEL" letters appearing in the

by Samuel Bryan, Centinel

It is to be lamented that the interested and designing have availed themselves so

A transfer to Congress of the power of imposing imposts on commerce, the unlimited

Anti-Federalist No. 22, Articles of Confederation Simply Requires Amendments,

6,20 December 1787

by Benjamin Austin, Candidus

Robert Yates, Brutus

January 3 and 10, 1788

Robert Yates, Brutus

By Robert Yates, Brutus