Monday, December 10, 1787
He that is first in his own cause seemeth just; but his neighbor cometh and searcheth
him.
To the Landholders and Farmers:
The publication of Col. Mason's[2] reasons for not signing the
new Constitution, has extorted some truths that would otherwise
in all probability have remained unknown to us all. His reasons,
like Mr. Gerry's, are most of them ex post facto, have been revised
in New York by R. H. L.[3] and by him brought into their present
artful and insidious form. The factious spirit of R. H. L., his
implacable hatred to General Washington, his well-known intrigues
again,st him in the late war, his attempts to displace him
and give the command of the American army to General Lee, is
so recent in your minds it is not necessary to repeat them. He
is supposed to be the author of most of the scurrility poured out
in the New-York papers against the new constitution.
Just at the close of the Convention, whose proceedings in general
were zealously supported by Mr. Mason, he moved for a
clause that no navigation act should ever be passed but with the
consent of two-thirds of both branches;[4] urging that a navigation
act might otherwise be passed excluding foreign bottoms from
carrying American produce to market, and throw a monopoly of
the carrying business into the hands of the eastern states who
attend to navigation, and that such an exclusion of foreigners
would raise the freight of the produce of the southern states, and
for these reasons Mr. Mason would have it in the power of the
southern states to prevent any navigation act. This clause, as
unequal and partial in the extreme to the southern states, was
rejected; because it ought to be left on the same footing with
other national concerns, and because no state would have a right
to complain of a navigation act which should leave the carrying
business equally open to them all. Those who preferred cultivating
their lands would do so; those who chose to navigate and
become carriers would do that. The loss of this question determined
Mr. Mason against the signing the doings of the convention,
and is undoubtedly among his reasons as drawn for the
southern states; but for the eastern states this reason would not
do.[5] It would convince us that Mr. Mason preferred the subjects
of every foreign power to the subjects of the United States who
live in New-England; even the British who lately ravaged Virginia—
that Virginia, my countrymen, where your relations lavished
their blood—where your sons laid down their lives to secure
to her and us the freedom and independence in which we
now rejoice, and which can only be continued to us by a firm,
equal and effective union. But do not believe that the people of
Virginia are all thus selfish: No, there is a Washington, a Blair,
a Madison and a Lee, (not R. H. L.) and I am persuaded there is
a majority of liberal, just and federal men in Virginia, who, whatever
their sentiments may be of the new constitution, will despise
the artful injustice contained in Col. Mason's reasons as published
in the Connecticut papers.
The President of the United States has no council, etc., says Col.
Mason. His proposed council[6] would have been expensive—
they must constantly attend the president, because the president
constantly acts. This council must have been composed of great
characters, who could not be kept attending without great salaries,
and if their opinions were binding on the president his responsibility
would be destroyed—if divided, prevent vigor and
dispatch—if not binding, they would be no security. The states
who have had such councils have found them useless, and complain
of them as a dead weight. In others, as in England, the
supreme executive advises when and with whom he pleases; if
any information is wanted, the heads of the departments who are
always at hand can best give it, and from the manner of their appointment
will be trustworthy. Secrecy, vigor, dispatch and responsibility,
require that the supreme executive should be one
person, and unfettered otherwise than by the laws he is to execute.
There is no Declaration of Rights. Bills of Rights were introduced
in England when its kings claimed all power and jurisdiction,
and were considered by them as grants to the people. They
are insignificant since government is considered as originating
from the people, and all the power government now has is a
grant from the people. The constitution they establish with
powers limited and defined, becomes now to the legislator and
magistrate, what originally a bill of rights was to the people. To
have inserted in this constitution a bill of rights for the states
would suppose them to derive and hold their rights from the federal
government, when the reverse is the case.
There is to be no ex post facto laws. This was moved by Mr
Gerry and supported by Mr. Mason,[7] and is exceptional only as
being unnecessary; for it ought not to be presumed that government
will be so tyranical, and opposed to the sense of all modern
civilians, as to pass such laws: if they should, they would be
void.
The general Legislature is restrained from prohibiting the further
importation of slaves for twenty odd years. But every state legislature
may restrain its own subjects; but if they should not, shall
we refuse to confederate with them? their consciences are their
own, tho' their wealth and strength are blended with ours. Mr.
Mason has himself about three hundred slaves, and lives in Virginia,
where it is found by prudent management they can breed
and raise slaves faster than they want them for their own use, and
could supply the deficiency in Georgia and South Carolina; and
perhaps Col. Mason may suppose it more humane to breed than
import slaves—those imported having been bred and born free,
may not so tamely bear slavery as those born slaves, and from
their infancy inured to it; but his objections are not on the side
of freedom, nor in compassion to the human race who are slaves,
but that such importations render the United States weaker,
more vulnerable, and less capable of defence. To this I readily
agree, and all good men wish the entire abolition of slavery, as
soon as it can take place with safety to the public, and for the
lasting good of the present wretched race of slaves. The only
possible step that could be taken towards it by the convention
was to fix a period after which they should not be imported.
There is no declaration of any kind to preserve the Liberty of the
press, etc. Nor is liberty of conscience, or of matrimony, or of
burial of the dead; it is enough that congress have no power to
prohibit either, and can have no temptation. This objection is
answered in that the states have all the power originally, and
congress have only what the states grant them.
The judiciary of the United States is so constructed and extended
as to absorb and destroy the judiciaries of the several states;
thereby rendering law as tedious, intricate and expensive, and justice
as unattainable by a great part of the community, as in England;
and enable the rich to oppress and ruin the poor. It extends
only to objects and cases specified, and wherein the national peace
or rights, or the harmony of the states is concerned, and not to
controversies between citizens of the same state (except where
they claim under grants of different states); and nothing hinders
but the supreme federal court may be held in different districts,
or in all the states, and that all the cases, except the few in which
it has original and not appellate jurisdiction, may in the first instance
be had in the state courts and those trials be final except
in cases of great magnitude; and the trials be by jury also in
most or all the causes which were wont to be tried by them, as
congress shall provide, whose appointment is security enough for
their attention to the wishes and convenience of the people. In
chancery courts juries are never used, nor are they proper in admiralty
courts, which proceed not by municipal laws, which they
may be supposed to understand, but by the civil law and law of
nations.
Mr. Mason deems the president and senate's power to make
treaties dangerous, because they become laws of the land. If the
president and his proposed council had this power, or the president
alone, as in England and other nations is the case, could the
danger be less?—or is the representative branch suited to the making
of treaties, which are often intricate, and require much negotiation
and secrecy? The senate is objected to as having too
much power, and bold unfounded assertions that they will destroy
any balance in the government, and accomplish what usurpation
they please upon the rights and liberties of the people; to
which it may be answered, they are elective and rotative, to the
mass of the people; the populace can as well balance the senatorial
branch there as in the states, and much better than in England,
where the lords are hereditary, and yet the commons preserve
their weight; but the state governments on which the constitution
is built will forever be security enough to the people
against aristocratic usurpations:—The danger of the constitution
is not aristrocracy or monarchy, but anarchy.
I intreat you, my fellow citizens, to read and examine the
new constitution with candor—examine it for yourselves: you
are, most of you, as learned as the objector, and certainly as
able to judge of its virtues or vices as he is. To make the
objections the more plausible, they are called The objections of
the Hon. George Mason, etc.—They may possibly be his, but be
assured they were not those made in convention, and being
directly against what he there supported in one instance ought
to caution you against giving any credit to the rest; his violent
opposition to the powers given congress to regulate trade, was an
open decided preference of all the world to you. A man governed
by such narrow views and local prejudices, can never be
trusted; and his pompous declaration in the House of Delegates
in Virginia that no man was more federal than himself, amounts
to no more than this, “Make a federal government that will secure
Virginia all her natural advantages, promote all her interests
regardless of every disadvantage to the other states, and I will
subscribe to it.”
It may be asked how I came by my information respecting
Col. Mason's conduct in convention, as the doors were shut? To
this I answer, no delegate of the late convention will contradict
my assertions, as I have repeatedly heard them made by others
in presence of several of them, who could not deny their truth.
Whether the constitution in question will be adopted by the
United States in our day is uncertain; but it is neither aristocracy
or monarchy can grow out of it, so long as the present descent of
landed estates last, and the mass of the people have, as at present,
a tolerable education; and were it ever so perfect a scheme of
freedom, when we become ignorant, vicious, idle, and regardless
of the education of our children, our liberties will be lost—we
shall be fitted for slavery, and it will be an easy business to reduce
us to obey one or more tyrants.
A Landholder.