Number I.
To the Citizens of Maryland.
To you my fellow citizens, I hold myself in a particular manner
accountable for every part of my conduct in the exercise of a
trust reposed in me by you, and should consider myself highly
culpable if I was to withhold from you any information in my
possession, the knowledge of which may be material to enable you
to form a right judgment on questions wherein the happiness of
yourselves and your posterity are involved. Nor shall I ever
consider it an act of condescention when impeached in my public
conduct, or character, to vindicate myself at your bar, and to submit
myself to your decision. In conformity to these sentiments,
which have regulated my conduct since my return from the Convention,
and which will be the rule of my actions in the sequel,
shall at this time beg your indulgence, while I make some observations
on a publication which the Landholder has done me the
honour to address to me, in the Maryland journal of the 29th of
February last.
In my controversy with that writer, on the subject
of Mr. Gerry, I have already enabled you to decide, without difficulty,
on the credit which ought to be given to his most positive
assertions and should scarce think it worth my time to notice his
charges against myself, was it not for the opportunity it affords
me of stating certain facts and transactions, of which you ought
to be informed, some of which were undesignedly omitted by me
when I had the honour of being called before the House of Delegates.
No “extreme modesty” on my part was requisite to induce
me to conceal the “sacrifice of resentments” against Mr.
Gerry, since no such sacrifice had ever been made, nor had any
such resentments ever existed. The principal opposition in sentiment
between Mr. Gerry and myself, was on the subject of representation;
but even on that subject, he was much more conceding
than his colleagues, two of whom obstinately persisted in voting
against the equality of representation in the senate, when the
question was taken in Convention upon the adoption of the conciliatory
propositions, on the fate of which depended, I believe,
the continuance of the Convention.
In many important questions
we perfectly harmonized in opinion, and where we differed, it
never was attended with warmth or animosity, nor did it in any
respect interfere with a friendly intercourse and interchange of attention
and civilities. We both opposed the extraordinary powers
over the militia, given to the general government. We were both
against the re-eligibility of the president. We both concurred in
the attempt to prevent members of each branch of the legislature
from being appointable to offices, and in many other instances,
although the Landholder, with his usual regard to
truth and his usual imposing effrontery, tells me, that I “doubtless
must remember Mr. Gerry and myself never voted alike,
except in the instances” he has mentioned.
As little foundation
is there in his assertion, that I “cautioned certain members
to be on their guard against his wiles, for that he and Mr.
Mason held private meetings, where the plans were concerted
to aggrandize, at the expence of the small States, old Massachusetts
and the ancient dominion.” I need only state facts
to refute the assertion. Some time in the month of August, a
number of members who considered the system, as then under
consideration and likely to be adopted, extremely exceptionable,
and of a tendency to destroy the rights and liberties of the
United States, thought it advisable to meet together in the evenings,
in order to have a communication of sentiments, and to
concert a plan of conventional opposition to, and amendment of
that system, so as, if possible, to render it less dangerous. Mr.
Gerry was the first who proposed this measure to me, and that
before any meeting had taken place, and wished we might assemble
at my lodgings, but not having a room convenient, we fixed
upon another place. There Mr. Gerry and Mr. Mason did hold
meetings, but with them also met the Delegates from New Jersey
and Connecticut, a part of the Delegation from Delaware, an
honorable member from South Carolina, one other from Georgia,
and myself. These were the only “private meetings” that ever
I knew or heard to be held by Mr. Gerry and Mr. Mason, meetings
at which I myself attended until I left the Convention, and
of which the sole object was not to aggrandize the great at the
expense of the small, but to protect and preserve, if possible, the
existence and essential rights of all the states, and the liberty and
freedom of their citizens.
Thus, my fellow citizens, I am obliged,
unless I could accept the compliment at an expence of truth
equal to the Landholder's, to give up all claim to being “placed
beyond the reach of ordinary panegyrick,” and to that “magnanimity”
which he was so solicitous to bestow upon me, that he has
wandered [into] the regions of falsehood to seek the occasion.
When we find such disregard of truth, even in the introduction,
while only on the threshold, we may form judgment what respect
is to be paid to the information he shall give us of what passed in
the Convention when he “draws aside the veil,” a veil which was
interposed between our proceedings and the Public, in my opinion,
for the most dangerous of purposes, and which was never designed
by the advocates of the system to be drawn aside, or if it
was, not till it should be too late for any beneficial purpose,
which as far as it is done, or pretended to be done, on the present
occasion, is only for the purpose of deception and misrepresentation.
It was on Saturday that I first took my seat. I obtained
that day a copy of the propositions that had been laid before the
Convention, and which were then the subject of discussion in a
committee of the whole. The Secretary was so polite as, at my
request, to wait upon me at the State House the next day (being
Sunday), and there gave me an opportunity of examining the
journals and making myself acquainted with the little that had
been done before my arrival. I was not a little surprised at the
system brought forward, and was solicitous to learn the reasons
which had been assigned in its support; for this purpose the
journals could be of no service; I therefore conversed on the subject
with different members of the Convention, and was favoured
with minutes of the debates which had taken place before my arrival.
I applied to history for what lights it could afford me,
and I procured everything the most valuable I could find in
Philadelphia on the subject of governments in general, and on
the American revolution and governments in particular. I devoted
my whole time and attention to the business in which
we were engaged, and made use of all the opportunities I
had, and abilities I possessed, conscientiously to decide what part
I ought to adopt in the discharge of that sacred duty I owed
to my country, in the exercise of the trust you had reposed in me.
I attended the Convention many days without taking any share
in the debates, listening in silence to the eloquence of others, and
offering no other proof that I possessed the powers of speech,
than giving my yea or nay when a question was taken, and notwithstanding
my propensity to “endless garrulity,” should have
been extremely happy if I could have continued that line of conduct,
without making a sacrifice of your rights and political happiness.
The committee of the whole house had made but small
progress, at the time I arrived, in the discussion of the propositions
which had been referred to them; they completed that discussion,
and made their report. The propositions of the minority
were then brought forward and rejected. The Convention
had resumed the report of the committee, and had employed
some days in its consideration. Thirty days, I believe, or more,
had elasped from my taking my seat before in the language of the
Landholder, I “opened in a speech which held during two days.”
Such, my fellow citizens, is the true state of the conduct I pursued
when I took my seat in Convention, and which the Landholder,
to whom falsehood appears more familiar than truth, with
his usual effrontery, has misrepresented by a positive declaration,
that without obtaining or endeavouring to obtain any information
on the subject, I hastily and insolently obtruded my sentiments
on the Convention, and to the astonishment of every member
present, on the very day I took my seat, began a speech,
which continued two days, in opposition to those measures which,
on mature deliberation, had been adopted by the Convention.
But I “alone advocated the political heresy, that the people ought
not to be trusted with the election of representatives.” On this
subject, as I would wish to be on every other, my fellow citizens,
I have been perfectly explicit in the information I gave to the
House of Delegates, and which has since been published. In a
state government, I consider all power flowing immediately from
the people in their individual capacity, and that the people, in
their individual capacity, have, and ever ought to have the right
of choosing delegates in a state legislature, the business of which
is to make laws, regulating their concerns, as individuals, and
operating upon them as such; but in a federal government, formed
over free states, the power flows from the people, and the right of
choosing delegates belongs to them only mediately through their
respective state governments which are the members composing
the federal government, and from whom all its power immediately
proceeds; to which state governments, the choice of the federal
delegates immediately belongs. I should blush indeed for my
ignorance of the first elements of government, was I to entertain different
sentiments on the subject; and if this is “political heresy,”
I have no ambition to be ranked with those who are orthodox.
Let me here, my fellow citizens, by way of caution, add an observation,
which will prove to be founded in truth: those who are
the most liberal in complimenting you with powers which do not
belong to you, act commonly from improper and interested
motives, and most generally have in view thereby to prepare the
way for depriving you of those rights to which you are justly entitled.
Every thing that weakens and impairs the bands of legitimate
authority smooths the road of ambition; nor can there be
a surer method of supporting and preserving the just rights of
the people, than by supporting and protecting the just rights of
government.
As to the “jargon” attributed to me of maintaining
that “notwithstanding each state had an equal number of votes in
the senate, yet the states were unequally represented in the senate.”
the Landholder has all the merit of its absurdity: nor can
I conceive what sentiment it is that I ever have expressed, to
which he, with his usual perversion and misrepresentation, could
give such a colouring. That I ever suggested the idea of letting
loose an army indiscriminately on the innocent and guilty, in a
state refusing to comply with the requisitions of Congress, or that
such an idea ever had place in my mind, is a falsehood so groundless,
so base and malignant, that it could only have originated or
been devised by a heart which would dishonour the midnight assassin.
My sentiments on this subject are well known; it was
only in the case where a state refused to comply with the requisitions
of Congress, that I was willing to grant the general government
those powers which the proposed constitution gives it in
every case.[9] Had I been a greater friend to a standing army,
and not quite so averse to expose your liberties to a soldiery, I
do not believe the Landholder would have chose me for the object
on whom to expend his artillery of falsehood.
Constitution Usurps State Militia
That a system may enable government wantonly to exercise
power over the militia, to call out an unreasonable number from
any particular state without its permission, and to march them
upon, and continue them in, remote and improper services; that
the same system should enable the government totally to discard,
render useless, and even disarm, the militia, when it would remove
them out of the way of opposing its ambitious views, is by no
means inconsistent, and is really the case in the proposed constitution.
In both these respects it is, in my opinion, highly faulty,
and ought to be amended. In the proposed system the general
government has a power not only without the consent, but contrary
to the will of the state government, to call out the whole of
its militia, without regard to religious scruples, or any other consideration,
and to continue them in service as long as it pleases,
thereby subjecting the freemen of a whole state to martial law and
reducing them to the situation of slaves. It has also, by another
clause, the powers by which only the militia can be organized and
armed, and by the neglect of which they may be rendered utterly
useless and insignificant, when it suits the ambitious purposes ot
government. Nor is the suggestion unreasonable, even if it had
been made, that the government might improperly oppress and
harass the militia, the better to reconcile them to the idea of regular
troops, who might relieve them from the burthen, and to render
them less opposed to the measures it might be disposed to adopt
for the purpose of reducing them to that state of insignificancy and
uselessness.
When the Landholder declared that “I contended
the powers and authorities of the new constitution must destroy
the liberties of the people,” he for once stumbled on the truth,
but even this he could not avoid coupling with an assertion
utterly false. I never suggested that “the same powers could be
safely entrusted to the old Congress;” on the contrary, I opposed
many of the powers as being of that nature that, in my opinion,
they could not be entrusted to any government whatever consistent
with the freedom of the states and their citizens, and I
earnestly recommended, what I wish my fellow citizens deeply
to impress on your minds, that in altering or amending our federal
government no greater powers ought to be given than experience
has shown to be necessary, since it will be easy to delegate
further power when time shall dictate the expediency or necessity,
but powers once bestowed upon a government, should they
be found ever so dangerous or destructiveto freedom, cannot be
resumed or wrested from government but by another revolution.
Luther Martin.
Baltimore, March 14, 1788.