Thursday, October 11, 1787
by
For the New York Journal.
To the Citizens of the State of New York:
Remember, O my friends! the laws, the rights,
The generous plan of power deliver'd down
By your renown'd forefathers;
So dearly bought, the price of so much blood!
O let it never perish in your hands!
But piously transmit it to your children.
The object of my last address to you was to engage your dispassionate
consideration of the new federal government; to caution you against
precipitancy in the adoption of it; to recommend a correction of its
errors, if it contained any; to hint to you the danger of an easy
perversion of some of its powers; to solicit you to separate
yourselves from party, and to be independent of and uninfluenced by
any in your principles of politics; and that address was closed with a
promise of future observations on the same subject, which should be
justified by reason and truth. Here I intended to have rested the
introduction; but a writer under the signature of “Caesar,” in
Mr. Childs's paper of the first instant, who treats you with passion,
insult, and threat, has anticipated those observations which would
otherwise have remained in silence until a future period.
It would be criminal in me to hesitate a moment to appear as your
advocate in so interesting a cause, and to resist the influence of
such doctrines as this “Caesar” holds. I shall take no other
cognizance of his remarks on the questionable shape of my future, or
the equivocal appearance of my past reflections, than to declare that
in my past I did not mean to be misunderstood (for “Caesar” himself
declares that it is obviously the language of distrust), and that in
my future there will not be the semblance of doubt. But what is the
language of “Caesar”? He ridicules your prerogative, power, and
majesty. He talks of this proffered constitution as the tender mercy
of a benevolent sovereign to deluded subjects, or, as his tyrant
namesake, of his proffered grace to the virtuous Cato. He shuts the
door of free deliberation and discussion, and declares that you must
receive this government in manner and form as it is proffered: that
you cannot revise or amend it. And, lastly, to close the scene, he
insinuates that it will be more healthy for you that the American
Fabius [Washington] should be induced to accept of the presidency of
this new government than that, in case you do not acquiesce, he should
be solicited to command an army to impose it on you.
Is not your indignation roused at this absolute, imperious style? For
what did you open the veins of your citizens and expend their
treasure? For what did you throw off the yoke of Britain and call
yourselves independent? Was it from a disposition fond of change, or
to procure new masters? If those were your motives, you have reward
before you. Go, retire into silent obscurity, and kiss the rod that
scourges you, bury the prospects you had in store, that you and your
posterity would participate in the blessings of freedom and the
employments of your country. Let the rich and insolent alone be your
rulers. Perhaps you are designed by Providence as an emphatic
evidence of the mutability of human affairs, to have the show of
happiness only, that your misery may seem the sharper, and if so, you
must submit. But if you had nobler views, and you are not designed by
Heaven as an example, are you now to be derided and insulted? Is the
power of thinking, on the only subject important to you, to be taken
away? And if perchance you should happen to differ from “Caesar,” are
you to have “Caesar's” principles crammed down your throats with an
army? God forbid!
In democratic republics the people collectively are considered as the
sovereign: all legislative, judicial, and executive power is inherent
in and derived from them. As a people, your power and authority have
sanctioned and established the present government. Your executive,
legislative, and judicial acknowledge it by their public acts. You are
again solicited to sanction and establish the future one. Yet this
“Caesar” mocks your dignity and laughs at the majesty of the
people. “Caesar,” with his usual dogmatism, inquires, if I had talents
to throw light on the subject of legislation, why did I not offer them
when the Convention was in session? He is answered in a moment.
I thought with him and you that the wisdom of America, in that
Convention, was drawn, as it were, to a focus. I placed an unbounded
confidence in some of the characters who were members of it, from the
services they had rendered their country without adverting to the
ambitious and interested views of others. I was willingly led to
expect a model of perfection and security that would have astonished
the world. Therefore to have offered observation on the subject of
legislation under these impressions would have discovered no less
arrogance than “Caesar.”
The Convention, too, when in session, shut their doors to the
observations of the community, and their members were under an
obligation of secrecy. Nothing transpired. To have suggested remarks
on unknown and anticipated principles would have been like a man
groping in the dark, and folly in the extreme. I confess, however, I
have been disappointed, and “Caesar” is candid enough to make the same
declaration, for he thinks it might have been more perfect.
But to call in dispute, at this time, and in the manner “Caesar” does,
the right of free deliberation on this subject is like a man's
propounding a question to another, and telling him at the same [time]
that if he does not answer agreeable to the opinion of the propounder,
he will exert force to make him of the same sentiment.
To exemplify this, it will be necessary to give you a short history of
the rise and progress of the Convention, and the conduct of Congress
thereon. The states in Congress suggested that the Articles of
Confederation had provided for making alterations in the
Confederation. That there were defects therein, and as a means to
remedy which, a convention of delegates, appointed by the different
states, was resolved expedient to be held for the sole and express
purpose of revising it, and reporting to Congress and the different
legislatures such alterations and provisions therein as should (when
agreed to in Congress and confirmed by the several states) render the
federal Constitution adequate to the exigencies of government.
This resolution is sent to the different states, and the legislature
of this state, with others, appoint, in conformity thereto, delegates
for the purpose; and in the words mentioned in that resolve, as by the
resolution of Congress and the concurrent resolutions of the Senate
and Assembly of this state, subjoined, will appear. For the sole and
express purpose aforesaid, a Convention of delegates is formed at
Philadelphia: What have they done? Have they revised the
Confederation, and has Congress agreed to their report? Neither is the
fact. This Convention have exceeded the authority given to them and
have transmitted to Congress a new political fabric, essentially and
fundamentally distinct and different from it, in which the different
states do not retain separately their sovereignty and independency,
united by a confederate league, but one entire sovereignty, a
consolidation of them into one government, in which new provisions and
powers are not made and vested in Congress but in an assembly, Senate,
and President, who are not known in the Articles of Confederation.
Congress, without agreeing to or approving of this system proffered by
the Convention, have sent it to the different legislatures, not for
their confirmation but to submit it to the people; not in conformity
to their own resolution but in conformity to the resolution of the
Convention made and provided in that case. Was it, then, from the face
of the foregoing facts, the intention of Congress and of this and the
other states that the essence of our present national government
should be annihilated, or that it should be retained and only have an
increase of substantial necessary powers?
Congress, sensible of this latter principle, and that the Convention
had taken on themselves a power which neither they nor the other
states had a right to delegate to them, and that they could not agree
to and approve of this consolidated system, nor the states confirm it,
have been silent on its character; and although many have dwelt on
their unanimity, it is no less than the unanimity of opinion that it
originated in an assumption of power which your voice alone can
sanctify. This new government, therefore, founded in usurpation, is
referred to your opinion as the origin of power not heretofore
delegated, and, to this end, the exercise of the prerogative of free
examination is essentially necessary. And yet you are unhesitatingly
to acquiesce, and if you do not, the American Fabius, if we may
believe “Caesar,” is to command an army to impose it.
It is not my view to rouse your passions. I only wish to excite you
to, and assist you in, a cool and deliberate discussion of the
subject, to urge you to behave like sensible freemen. Think, speak,
act, and assert your opinions and rights. Let the same good sense
govern you with respect to the adoption of a future system for the
administration of your public affairs that influenced you in the
formation of the present. Hereafter I do not intend to be diverted by
“Caesar,” or any other. My object is to take up this new form of
national government, compare it with the experience and opinions of
the most sensible and approved political authors, and to show that its
principles, and the exercise of them, will be dangerous to your
liberty and happiness.
Cato.