letters of cato: to the citizens of the state of new-york

5
Major Series of Essays perfection and security that would have astonished the world. Therefore, to have offered observation, on the subject of legislation, under these im pressions, would have discovered no less arrogance than Caesar. The Con vention 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 antic ipated 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. .6·9 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 mean 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 foederal constitution adequate to the exigen cies of government. This resolution is sent to the different states, and the legislature of this state, with others, appoint, in conformity thereto, dele gates 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. 7 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 Con gress 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 confederated 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 know in the articles of confederation.-Congress, without agreeing to, or approving of, this system proferred 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 108 Letters of Cato 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 though 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 ofthe prerogative offree examina tion 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 discus sion 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 adminis tration of your public affairs that influenced you in the formation of the present.-Hereafter I do not intend to be diverted by either Caesar, or any other-My object is to take up this new form of national government compare it with the experience and the opinions of the most sensible and approved political authors-and to shew, that its principles, and the exer cise of them, will be dangerous to your liberty and happiness. Cato. III To the Citizens of the State of New-York. In the close of my last introductory address. I told you, that my object in 2.6.10 future would be to take up this new form of national government. to com pare it with the experience and opinions of the most sensible and approved political authors. and to show you that its principles, and the exercise of them [, J 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, 2.6.11 109

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Page 1: Letters of Cato: To the Citizens of the State of New-York

8/7/2019 Letters of Cato: To the Citizens of the State of New-York

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Major Series of Essays

perfection and security that would have astonished the world. Therefore, to

have offered observation, on the subject of legislation, under these im

pressions, would have discovered no less arrogance than Caesar. The Con

vention 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 antic

ipated 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.

.6·9 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 mean to remedywhich, 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 foederal constitution adequate to the exigen

cies of government. This resolution is sent to the different states, and the

legislature of this state, with others, appoint, in conformity thereto, dele

gates 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. 7 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 confederated league-but one

entire sovereignty-aconsolidation of them into one government-inwhich

new provisions and powers are not made and vested in Congress, but in an

assembly, senate, and president, who are not know in the articles of

confederation.-Congress, without agreeing to, or approving of, this system

proferred 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

108

Letters of Cato

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 ofthis consolidated system, nor the states confirm it-have been silent on its

character; and though 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 ofthe prerogative offree examina

tion 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 discus

sion of the subject. to urge you to behave like sensible freemen. Think,

speak, act, and assert your opinions and rights-let the same good sensegovern you with respect to the adoption of a future system for the adminis

tration of your public affairs that influenced you in the formation of the

present.-Hereafter I do not intend to be diverted by either Caesar, or any

other-My object is to take up this new form of national government

compare it with the experience and the opinions of the most sensible and

approved political authors-and to shew, that its principles, and the exer

cise of them, will be dangerous to your liberty and happiness.

Cato.

III

To the Citizens of the State of New-York.

In the close of my last introductory address. I told you, that my object in 2.6.10

future would be to take up this new form of national government. to com

pare it with the experience and opinions of the most sensible and approved

political authors. and to show you that its principles, and the exercise of

them [, J 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, 2.6.11

109

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Major Series of Essays

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 primaryincident in its exercise must be force? will not violence de stroy confidence,

and can equality subsist, where the extent, policy, and practice of it, will

naturally lead to make odious distinctions among citizens?

2.6.18 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 aristo

cratic distinctions; 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 oeconomise with the savings of industry-will these

men therefore be as tenacious of the liberties and interests of the more

northern states, where freedom, independence, industry, equality, andfrugality, 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?!3

2.6.19 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 argu

ment is fallacious, and, wh oever 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 river, the circles begin in the center, an d are small,

active, and forcible, but as they depart from tha t point, they lose their force,

and vanish into calmness.2.6.20 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; en

large the circle still further, and, as citizens of different states. though we

acknowledge the same national denomination, we lose the ties of acquain

tance, habits, and fortunes, and thus, by degrees, we lessen in our attach

ments, till. at length, we no more than acknowledge a sameness of species.

Is it therefore, from certainty like this, reasonable to believe. that in

habitants of Georgia, or New-Hampshire, will have the same obligations

towards you as your own, and preside over your lives, liberties, and prop

erty, with the same care and attachment? Intuitive reason, answers in thenegative.14

Il 2

Letters of Cato

In the course of my examination of the principals of consolidation of the 2.6.21states into one general government, many other reasons against it have

occurred, but I flatter myself. from those herein offered to your consider

ation. 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 aniJise this

new government, pursuant to my promise.

Cato.

IV

To the Citizens of the State of New-York.

Admitting, however, that the vast extent of America, together with the 2.6.22

various other reasons which I offered you in my last number, against the

practicability of the just exercise of the new government are insufficient toconvince you; still it is an undeniable 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 established 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 ex ecutive 2.6.23

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 andtime of their election, and estab lished the qualifications of the president; it

also provides against the removal, death, or inability of the president and

vice-president-regulates 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 2.6.24

composed the conventio n, 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 grea t officers is

expressly provided for; but there is no explicit provision for their election in

case of the expiration of their offices, subsequent to the election which is to

II3

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The Complete Anti-Federalist

Edited, with Commentary and Notes, by

Herbert J. Storing

With the Assistance of Murray Dry

VOLUME 2

Objections of Non-Signers of

,- the Constitution

and

M ~ o r Series of Essays

at the Outset

;'1

The University of Chicago PressChicago and wndon

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The University of Chicago Press, Chicago 60637

The University of Chicago Press, Ltd., London

~ ) 1981 by The University of Chicago

All rights reserved. Published 1981

Printed in the United States of America

Library ofCongress Cataloging in Publication DataMain entry under title:

The Complete Anti-Federalist

Includes bibliographical references.Contents: v. I. What the Anti-Federalists were for-v. 2.

Objections of non-signers of the Constitution and Major series

of essays at the outset-v. 3. Pennsylvania-[ete.]I. United States-Constitutional law-Collected works.

I. Storing, Herbert J., 1928-77. II . Dry, Murray.

KF4515·C65 342.73'029 81-10287

ISBN 0-226-77573-9 (set) 347.30229 AACR2

Contents

VOLUME Two

Contents of Other Volumes vi

A Note on Cross References x

Works Frequently Cited xi

PART 1 Objections of Non-Signers of the Constitution

Introduction 3

2.1 Elbridge Gerry's Objections to Signing the National Constitu

tion (Massachusetts Centinel 3 November 1787) 4

2.2 George Mason's Objections to the Constitution of Government

Formed by the Convention (1787) 9

2.3 Robert Yates and John Lansing, Reasons of Dissent (New York

Journal 14 January 1788) 15

2.4 Luther Martin, The Genuine Information Delivered to the

Legislature of the State of Maryland (1788) 19

2.5 Letter from Edmund Randolph Giving His Reasons for Refus

ing His Signature to the Proposed Federal Constitution (10 October 1787) 83

PART 2

Major Series of Essays at the Outset

2.6 Let ters of Cato (New York Journal September 1787-January

1788) 101

2.7 Le tters of Centinel (Philadelphia Independent Gazetteer and

Philadelphia Freeman's Journal October 1787-April 1788) 130

2.8 Observations Leading to a Fair Examination of the System of

Government Proposed by the Late Convention, Letters fromThe Federal Farmer (1787 and 1788) 214

2.9 Essays of Brutus (New York Journal October 1787-April 1788) 358

' O F I t ' ' ' ' . :v ~ . ~