The Convention met according to adjournment, and then resolved into a committee of the whole Convention, to take into further consideration the said proposed Constitution.—Mr. Kenan in the chair.
The last clause of the sixth article read.
Mr. Henry Abbot, after a short exordium which was not distinctly heard, proceeded thus—Some are afraid, Mr. Chairman, that should the Constitution be received, they would be deprived of the privilege of worshipping God according to their consciences; which would be taking from them a benefit they enjoy under the present Constitution. They wish to know if their religious and civil liberties be secured under this system, or whether the general government may not make laws infringing their religious liberties. The worthy member from Edenton mentioned sundry political reasons why treaties should be the supreme law of the land. It is feared by some people, that by the power of making treaties, they might make a treaty engaging with foreign powers to adopt the Roman catholic religion in the United States, which would prevent the people from worshipping God according to their own consciences. The worthy member from Halifax has in some measure satisfied my mind on this subject. But others may be dissatisfied. Many wish to know what religion shall be established. I believe a majority of the community are Presbyterians. I am for my part against any exclusive establishment, but if there were any, I would prefer the Episcopal. The exclusion of religious tests is by many thought dangerous and impolitic. They suppose that if there be no religious test required, Pagans, Deists and Mahometans might obtain offices among us, and that the Senate and Representatives might all be Pagans. Every person employed by the general and state governments is to take an oath to support the former. Some are desirous to know how, and by whom they are to swear, since no religious tests are required—whether they are to swear by Jupiter, Juno, Minerva, Prosperpine or Pluto. We ought to be suspicious of our liberties. We have felt the effects of oppressive measures, and know the happy consequences of being jealous of our rights. I would be glad some gentleman would endeavour to obviate these objections, in order to satisfy the religious part of the society. Could I be convinced that the objections were well-founded, I would then declare my opinion against the Constitution. (Mr. Abbot added several other observations, but spoke too low to be heard.)
Mr. Iredell—Mr. Chairman, Nothing is more desireable than to remove the scruples of any gentleman on this interesting subject: Those concerning religion are entitled to particular respect. I did not expect any objection to this particular regulation, which in my opinion, is calculated to prevent evils of the most pernicious consequences to society. Every person in the least conversant in the history of mankind, knows what dreadful mischiefs have been committed by religious persecutions. Under the colour of religious tests the utmost cruelties have been exercised. Those in power have generally considered all wisdom centered in themselves, that they alone had a right to dictate to the rest of mankind, and that all opposition to their tenets was profane and impious. The consequence of this intolerant spirit has been, that each church has in turn set itself up against every other, and persecutions and wars of the most implacable and bloody nature have taken place in every part of the world. America has set an example to mankind to think more modestly and reasonably; that a man may be of different religious sentiments from our own, without being a bad member of society. The principles of toleration, to the honour of this age, are doing away those errors and prejudices which have so long prevailed even in the most intolerant countries. In the Roman catholic countries, principles of moderation are adopted, which would have been spurned at a century or two ago. I should be sorry to find, when examples of toleration are set even by arbitrary governments, that this country, so impressed with the highest sense of liberty, should adopt principles on this subject, that were narrow and illiberal. I consider the clause under consideration as one of the strongest proofs that could be adduced, that it was the intention of those who formed this system, to establish a general religious liberty in America. Were we to judge from the examples of religious tests in other countries, we should be persuaded that they do not answer the purpose for which they are intended. What is the consequence of such in England? In that country no man can be a Member in the House of Commons, or hold any office under the Crown, without taking the sacrament according to the rites of the church. This in the first instance must degrade and profane a rite, which never ought to be taken but from a sincere principle of devotion. To a man of base principles, it is made a mere instrument of civil policy. The intention was to exclude all persons from offices, but the members of the church of England. Yet it is notorious, that Dissenters qualify themselves for offices in this manner, though they never conform to the church on any other occasion; and men of no religion at all, have no scruple to make use of this qualification. It never was known that a man who had no principles of religion, hesitated to perform any rite when it was convenient for his private interest. No test can bind such a one. I am therefore clearly of opinion, that such a discrimination would neither be effectual for its own purposes, nor if it could, ought it by any means to be made. Upon the principles I have stated, I confess the restriction on the power of Congress in this particular has my hearty approbation. They certainly have no authority to interfere in the establishment of any religion whatsoever, and I am astonished that any gentleman should conceive they have. Is there any power given to Congress in matters of religion? Can they pass a single act to impair our religious liberties? If they could, it would be a just cause of alarm. If they could, Sir, no man would have more horror against it than myself. Happily no sect here is superior to another. As long as this is the case, we shall be free from those persecutions and distractions with which other countries have been torn. If any future Congress should pass an act concerning the religion of the country, it would be an act which they are not authorised to pass by the Constitution, and which the people would not obey. Every one would ask, "Who authorised the government to pass such an act? It is not warranted by the Constitution, and is a barefaced usurpation." The power to make treaties can never be supposed to include a right to establish a foreign religion among ourselves, though it might authorise a toleration of others.
But it is objected, that the people of America may perhaps chuse Representatives who have no religion at all, and that Pagans and Mahometans may be admitted into offices. But how is it possible to exclude any set of men, without taking away that principle of religious freedom which we ourselves so warmly contend for? This is the foundation on which persecution has been raised in every part of the world. The people in power were always in the right, and every body else wrong. If you admit the least difference, the door to persecution is opened. Nor would it answer the purpose, for the worst part of the excluded sects would comply with the test, and the best men only be kept out of our counsels. But it is never to be supposed that the people of America will trust their dearest rights to persons who have no religion at all, or a religion materially different from their own. It would be happy for mankind if religion was permitted to take its own course, and maintain itself by the excellence of its own doctrines. The divine author of our religion never wished for its support by worldly authority. Has he not said, that the gates of hell shall not prevail against it? It made much greater progress for itself, than when supported by the greatest authority upon earth.
It has been asked by that respectable gentleman (Mr. Abbot) what is the meaning of that part, where it is said, that the United States shall guarantee to every state in the union a republican form of government, and why a guarantee of religious freedom was not included. The meaning of the guarantee provided was this—There being thirteen governments confederated, upon a republican principle, it was essential to the existence and harmony of the confederacy that each should be a republican government, and that no state should have a right to establish an aristocracy or monarchy. That clause was therefore inserted to prevent any state from establishing any government but a republican one. Every one must be convinced of the mischief that would ensue, if any state had a right to change its government to a monarchy. If a monarchy was established in any one state, it would endeavour to subvert the freedom of the others, and would probably by degrees succeed in it. This must strike the mind of every person here who recollects the history of Greece when she had confederated governments. The King of Macedon by his arts and intrigues got himself admitted a member of the Amphyctionic council, which was the superintending government of the Grecian republics, and in a short time he became master of them all. It is then necessary that the members of a confederacy should have similar governments. But consistently with this restriction the states may make what change in their own governments they think proper. Had Congress undertaken to guarantee religious freedom, or any particular species of it, they would then have had a pretence to interfere in a subject they have nothing to do with. Each state, so far as the clause in question does not interfere, must be left to the operation of its own principles.
There is a degree of jealousy which it is impossible to satisfy. Jealousy in a free government ought to be respected: But it may be carried to too great an extent. It is impracticable to guard against all possible danger of people's chusing their officers indiscreetly. If they have a right to chuse, they may make a bad choice. I met by accident with a pamphlet this morning, in which the author states as a very serious danger, that the Pope of Rome might be elected President. I confess this never struck me before, and if the author had read all the qualifications of a President, perhaps his fears might have been quieted. No man but a native, and who has resided fourteen years in America, can be chosen President. I know not all the qualifications for a Pope, but I believe he must be taken from the college of Cardinals, and probably there are many previous steps necessary before he arrives at this dignity. A native of America must have very singular good fortune, who after residing fourteen years in his own country, should go to Europe, enter into Romish orders, obtain the promotion of Cardinal, afterwards that of Pope, and at length be so much in the confidence of his own country, as to be elected President. It would be still more extraordinary if he should give up his Popedom for our Presidency. Sir, it is impossible to treat such idle fears with any degree of gravity. Why is it not objected, that there is no provision in the Constitution against electing one of the Kings of Europe President? It would be a clause equally rational and judicious.
I hope that I have in some degree satisfied the doubts of the gentleman. This article is calculated to secure universal religious liberty, by putting all sects on a level, the only way to prevent persecution. I thought nobody would have objected to this clause, which deserves in my opinion the highest approbation. This country has already had the honour of setting an example of civil freedom, and I trust it will likewise have the honour of teaching the rest of the world the way to religious freedom also. God grant both may be perpetuated to the end of time.
Mr. Abbot, after expressing his obligations for the explanation which had been given, observed that no answer had been given to the question he put concerning the form of an oath.
Mr. Iredell—Mr. Chairman, I beg pardon for having omitted to take notice of that part which the worthy gentleman has mentioned. It was by no means from design, but from its having escaped my memory, as I have not the conveniency of taking notes. I shall now satisfy him in that particular in the best manner in my power.
According to the modern definition of an oath, it is considered a "solemn appeal to the Supreme Being for the truth of what is said, by a person who believes in the existence of a Supreme Being, and in a future state of rewards and punishments, according to that from which will bind his conscience most." It was long held, that no oath could be administered but upon the New Testament, except to a Jew, who was allowed to swear upon the old. According to this notion, none but Jews and Christians could take an oath, and Heathens were altogether excluded. At length, by the operation of principles of toleration, these narrow notions were done away. Men at length considered, that there were many virtuous men in the world who had not had an opportunity of being instructed either in the Old or New Testament, who yet very sincerely believed in a Supreme Being, and in a future state of rewards and punishments. It is well known that many nations entertain this belief who do not believe either in the Jewish or Christian religion. Indeed there are few people so grossly ignorant or barbarous as to have no religion at all. And if none but Christians or Jews could be examined upon oath, many innocent persons might suffer for want of the testimony of others. In regard to the form of an oath, that ought to be governed by the religion of the person taking it. I remember to have read an instance which happened in England, I believe in the time of Charles the second: A man who was a material witness in a cause, refused to swear upon the book, and was admitted to swear with his uplifted hand. The jury had a difficulty in crediting him, but the Chief Justice told them, he had, in his opinion, taken as strong an oath as any of the other witnesses, though had he been to swear himself, he should have kissed the book. A very remarkable instance also happened in England about forty years ago, of a person who was admitted to take an oath according to the rights of his own country, though he was an Heathen. He was an East-Indian, who had a great suit in Chancery, and his answer upon oath to a bill filed against him, was absolutely necessary. Not believing either in the Old or New Testament, he could not be sworn in the accustomed manner, but was sworn according to the form of the Gentoo religion, which he professed, by touching the foot of a Priest. It appeared, that according to the tenets of this religion, its members believed in a Supreme Being, and in a future state of rewards and punishments. It was accordingly held by the Judges, upon great consideration, that the oath ought to be received; they considering that it was probable those of that religion were equally bound in conscience by an oath according to their form of swearing, as they themselves were by one of theirs; and that it would be a reproach to the justice of the country, if a man, merely because he was of a different religion from their own, should be denied redress of an injury he had sustained. Ever since this great case, it has been universally considered, that in administering an oath, it is only necessary to enquire if the person who is to take it, believes in a Supreme Being, and in a future state of rewards and punishments. If he does, the oath is to be administered according to that form which it is supposed will bind his conscience most. It is, however, necessary that such a belief should be entertained, because otherwise there would be nothing to bind his conscience that could be relied on, since there are many cases where the terror of punishment in this world for perjury, could not be dreaded. I have thus endeavoured to satisfy the committee. We may, I think, very safely leave religion to itself; and as to the form of the oath, I think this may well be trusted to the general government, to be applied on the principles I have mentioned.
Governor Johnston expressed great astonishment that the people were alarmed on the subject of religion. This, he said, must have arisen from the great pains which had been taken to prejudice means minds against the Constitution. He begged leave to add the following few observations to what had been so ably said by the gentleman last up.
I read the Constitution over and over, but could not see one cause of apprehension or jealousy on this subject. When I heard there were apprehensions that the Pope of Rome could be the President of the United States, I was greatly astonished. It might as well be said that the King of England or France, or the Grand Turk could be chosen to that office. It would have been as good an argument. It appears to me that it would have been dangerous, if Congress could intermeddle with the subject of religion. True religion is derived from a much higher source than human laws. When any attempt is made by any government to restrain mens consciences, no good consequence can possibly follow. It is apprehended that Jews, Mahometans, Pagans, &c. may be elected to high offices under the government of the United States. Those who are Mahometans, or any others, who are not professors of the Christian religion, can never be elected to the office of President or other high office but in one of two cases. First, if the people of America lay aside the Christian religion altogether, it may happen. Should this unfortunately take place, the people will chuse such men as think as they do themselves. Another case is, if any persons of such a description, should, notwithstanding their religion, acquire the confidence and esteem of the people of America by their good conduct and practice of virtue, they may be chosen. I leave it to gentlemens candour to judge what probability there is of the people's chusing men of different sentiments from themselves.
But great apprehensions have been raised as to the influence of the eastern states. When you attend to circumstances, this will have no weight. I know but two or three states where there is the least chance of establishing any particular religion. The people of Massachusetts and Connecticut are mostly Presbyterians. In every other state, the people are divided into a great number of sects. In Rhode-Island the tenets of the Baptists I believe prevail. In New-York they are divided very much: the most numerous are the Episcopalians and the Baptists. In New-Jersey they are as much divided as we are. In Pennsylvania, if any sect prevails more than another it is that of the Quakers. In Maryland the Episcopalians are most numerous, though there are other sects. In Virginia there are many sects; you all know what their religious sentiments are. So in all the southern states they differ; as also in New-Hampshire. I hope therefore that gentlemen will see there is no cause of fear that any one religion shall be exclusively established.
Mr. Caldwell thought that some danger might arise. He imagined it might be objected to in a political as well as in a religious view. In the first place, he said there was an invitation for Jews, and Pagans of every kind, to come among us. At some future period, said he, this might endanger the character of the United States. Moreover, even those who do not regard religion, acknowledge that the Christian religion is best calculated of all religions to make good members of society, on account of its morality. I think then, added he, that in a political view, those gentlemen who formed this Constitution, should not have given this invitation to Jews and Heathens. All those who have any religion are against the emigration of those people from the eastern hemisphere.
Mr. Spencer was an advocate for securing every unalienable right, and that of worshipping God according to the dictates of conscience in particular. He therefore thought that no one particular religion should be established. Religious tests, said he, have been the foundation of persecutions in all countries. Persons who are conscientious will not take the oath required by religious tests, and will therefore be excluded from offices, though equally capable of discharging them as any member of the society. It is feared, continued he, that persons of bad principles, Deists, Atheists, &c. may come into this country, and there is nothing to restrain them from being eligible to offices. He asked if it was reasonable to suppose that the people would chuse men without regarding their characters. Mr. Spencer then continued thus—Gentlemen urge that the want of a test admits the most vicious characters to offices. I desire to know what test could bind them. If they were of such principles, it would not keep them from enjoying those offices. On the other hand, it would exclude from offices conscientious and truly religious people, though equally capable as others. Conscientious persons would not take such an oath, and would be therefore excluded. This would be a great cause of objection to a religious test. But in this case as there is not a religious test required, it leaves religion on the solid foundation of its own inherent validity, without any connexion with temporal authority, and no kind of oppression can take place. I confess it strikes me so. I am sorry to differ from the worthy gentleman. I cannot object to this part of the Constitution. I wish every other part was as good and proper.
Governor Johnston approved of the worthy member's candour. He admitted a possibility of Jews, Pagans, &c. emigrating to the United States; yet, he said, they could not be in proportion to the emigrations of Christians who should come from other countries; that in all probability the children even of such people would be Christians; and that this, with the rapid population of the United States, their zeal for religion and love of liberty, would, he trusted, add to the progress of the Christian religion among us.
The seventh article read without any objection against it.
Governor Johnston, after a short speech which was not distinctly heard, made a motion to the following effect:
That this committee having fully deliberated on the Constitution proposed for the future government of the United States of America, by the Federal Convention lately held at Philadelphia, on the 17th day of September last, and having taken into their serious and solemn consideration the present critical situation of America, which induces them to be of opinion, that though certain amendments to the said Constitution may be wished for, yet that those amendments should be proposed subsequent to the ratification on the part of this state, and not previous to it: They therefore recommend that the Convention do ratify the Constitution, and at the same time propose amendments, to take place in one of the modes prescribed by the Constitution.
Mr. Lenoir—Mr. Chairman, I conceive that I shall not be out of order to make some observations on this last part of the system, and take some retrospective view of some other parts of it. I think it not proper for our adoption, as I consider that it endangers our liberties. When we consider this system collectively, we must be surprised to think, that any set of men who were delegated to amend the Confederation, should propose to annihilate it. For that and this system are utterly different, and cannot exist together. It has been said that the fullest confidence should be put in those characters who formed this Constitution. We will admit them in private and public transactions to be good characters. But, Sir, it appears to me and every other Member of this committee, that they exceeded their powers. Those gentlemen had no sort of power to form a new Constitution altogether, neither had the citizens of this country such an idea in their view. I cannot undertake to say what principles actuated them. I must conceive they were mistaken in their politics, and that this system does not secure the unalienable rights of freemen. It has some aristocratical and some monarchical features, and perhaps some of them intended the establishment of one of these governments. Whatever might be their intent, according to my views, it will lead to the most dangerous aristocracy that ever was thought of. An aristocracy established on a constitutional bottom!—I conceive (and I believe most of this committee will likewise) that this is so dangerous, that I should like as well to have no Constitution at all. Their powers are almost unlimited.
A Constitution ought to be understood by every one. The most humble and trifling characters in the country have a right to know what foundation they stand upon. I confess I do not see the end of the powers here proposed, nor the reasons for granting them. The principal end of a Constitution is to set forth what must be given up for the common benefit of the community at large, and to secure those rights which ought never to be infringed. The proposed plan secures no right, or if it does, it is in so vague and undeterminate a manner, that we do not understand it. My constituents instructed me to oppose the adoption of this Constitution. The principal reasons are as follow. The right of representation is not fairly and explicitly preserved to the people; it being easy to evade that privilege as provided in this system, and the terms of election being too long. If our General Assembly be corrupt, at the end of the year we can make new men of them by sending others in their stead. It is not so here. If there be any reason to think that human nature is corrupt, and that there is a disposition in men to aspire to power, they may embrace an opportunity during their long continuance in office, by means of their powers, to take away the rights of the people. The Senators are chosen for six years, and two-thirds of them with the President have most extensive powers. They may enter into a dangerous combination. And they may be continually re-elected. The President may be as good a man as any in existence, but he is but a man. He may be corrupt. He has an opportunity of forming plans dangerous to the community at large. I shall not enter into the minutiae of this system, but I conceive that whatever may have been the intention of its framers, that it leads to a most dangerous aristocracy. It appears to me that instead of securing the sovereignty of the states, it is calculated to melt them down into one solid empire. If the citizens of this state like a consolidated government, I hope they will have virtue enough to secure their rights. I am sorry to make use of the expression, but it appears to me to be a scheme to reduce this government to an aristocracy. It guarantees a republican form of government to the states; when all these powers are in Congress it will only be a form. It will be past recovery when Congress has the power of the purse and the sword. The power of the sword is in explicit terms given to it. The power of direct taxation gives the purse. They may prohibit the trial by jury, which is a most sacred and valuable right. There is nothing contained in this Constitution to bar them from it. The Federal Courts have also appellate cognizance of law and fact: the sole cause of which is to deprive the people of that trial, which it is optional in them to grant or not. We find no provision against infringement on the rights of conscience. Ecclesiastical courts may be established, which will be destructive to our citizens. They may make any establishment they think proper. They have also an exclusive legislation in their ten miles square, to which may be added their power over the militia, who may be carried thither and kept there for life. Should any one grumble at their acts, he would be deemed a traitor, and perhaps taken up and carried to the exclusive legislation, and there tried without a jury. We are told there is no cause to fear. When we consider the great powers of Congress, there is great cause of alarm. They can disarm the militia. If they were armed, they would be a resource against great oppressions. The laws of a great empire are difficult to be executed. If the laws of the union were oppressive they could not carry them into effect, if the people were possessed of proper means of defence.
It was cried out that we were in a most desperate situation, and that Congress could not discharge any of their most sacred contracts. I believe it to be the case. But why give more power than is necessary? The men who went to the Federal Convention, went for the express purpose of amending the government, by giving it such additional powers as were necessary. If we should accede to this system, it may be thought proper by a few designing persons to destroy it in a future age in the same manner that the old system is laid aside. The Confederation was binding on all the states. It could not be destroyed but with the consent of all these states. There was an express article to that purpose. The men who were deputed to the Convention, instead of amending the old, as they were solely empowered and directed to do, proposed a new system. If the best characters departed so far from their authority, what may not be apprehended from others who may be agents in the new government.
It is natural for men to aspire to power. It is the nature of mankind to be tyrannical, therefore it is necessary for us to secure our rights and liberties as far as we can. But it is asked why we should suspect men who are to be chosen by ourselves, while it is their interest to act justly, and while men have self-interest at heart? I think the reasons which I have given are sufficient to answer that question. We ought to consider the depravity of human nature; the predominant thirst of power which is in the breast of every one; the temptations our rulers may have, and the unlimited confidence placed in them by this system. These are the foundation of my fears. They would be so long in the general government that they would forget the grievances of the people of the state.
But it is said we shall be ruined if separated from the other states, which will be the case if we do not adopt. If so, I would put less confidence in those states. The states are all bound together by the Confederation, and the rest cannot break from us, without violating the most solemn compact. If they break that, they will this.
But it is urged that we ought to adopt because so many other states have. In those states which have patronized and ratified it, many great men have opposed it. The motives of those states I know not. It is the goodness of the Constitution we are to examine. We are to exercise our own judgments, and act independently. And as I conceive we are not out of the union, I hope this Constitution will not be adopted till amendments are made. Amendments are wished for by the other states. It was urged here, that the President should have power to grant reprieves and pardons. This power is necessary with proper restrictions. But the President may be at the head of a combination against the rights of the people, and may reprieve or pardon the whole. It is answered to this that he cannot pardon in cases of impeachment. What it the punishment in such cases? Only removal from office and future disqualification. It does not touch life or property. He has power to do away punishment in every other case. It is too unlimited in my opinion. It may be exercised to the public good, but may also be perverted to a different purpose. Should we get those who will attend to our interest, we should be safe under any Constitution, or without any. If we send men of a different disposition we shall be in danger. Let us give them only such powers as are necessary for the good of the community.
The President has other great powers. He has the nomination of all officers and a qualified negative on the laws. He may delay the wheels of government. He may drive the Senate to concur with his proposal. He has other extensive powers. There is no assurance of the liberty of the press. The may make it treason to write against the most arbitrary proceedings. They have power to controul our elections as much as they please. It may be very oppressive on this state, and all the southern states.
Much has been said of taxation, and the inequality of it on the states. But nothing has been said of the mode of furnishing men. In what proportion are the states to furnish men? Is it in proportion to the whites and blacks? I presume it is. This state has 100,000 blacks. By this Constitution 50 negroes are equal to 30 whites. This state therefore, besides the proportion she must raise for her white people, must furnish an additional number for her blacks, in proportion as 30 is to 50. Suppose there be a state to the northward that has 60,000 persons, this state must furnish as many men for the blacks as that whole state, exclusive of those she must furnish for her whites. Slaves instead of strengthening, weaken this state—the regulation will therefore greatly injure it and the other southern states. There is another clause which I do not perhaps well understand. The power of taxation seems to me not to extend to the lands of the people of the United States, for the rule of taxation is, the number of whites and three-fifths of the blacks. Should it be the case that they have no power of taxing this object, must not direct taxation be hard on the greater part of this state? I am not confident that it is so, but it appears to me that they can lay taxes on this object. This will oppress the poor people who have large families of whites, and no slaves to assist them in cultivating the soil, although the taxes are to be laid in proportion of three-fifths of the negroes and all the whites. Another disadvantage to this state will arise from it. This state has made a contract with its citizens. The public securities and certificates I allude to. These may be negotiated to men who live in other states. Should that be the case, these gentlemen will have demands against this state on that account. The Constitution points out the mode of recovery—it must be in the Federal Court only, because controversies between a state and the citizens of another state are cognizable only in the Federal Courts. They cannot be paid but in gold and silver. Actual specie will be recovered in that court. This would be an intolerable grievance without remedy.
I wish not to be so understood as to be so averse to this system, as that I should object to all parts of it, or attempt to reflect on the reputation of those gentlemen who formed it; though it appears to me that I would not have agreed to any proposal but the amendment of the Confederation. If there were any security for the liberty of the people, I would for my own part agree to it. But in this case, as millions yet unborn are concerned, and deeply interested in our decision, I would have the most positive and pointed security. I shall therefore hope that before this House will proceed to adopt this Constitution, they will propose such amendments to it, as will make it complete; and when amendments are adopted, perhaps I will be as ready to accede to it as any man—One thing will make it aristocratical. Its powers are very indefinite. There was a very necessary clause in the Confederation, which is omitted in this system. That was a clause declaring that every power, &c. not given to Congress, was reserved to the states. The omission of this clause makes the power so much greater. Men will naturally put the fullest construction on the power given them. Therefore lay all restraint on them, and form a plan to be understood by every gentleman of this committee, and every individual of the community.
Mr. Spaight—Mr. Chairman, I am one of those who formed this Constitution. The gentleman says we exceeded our powers. I deny the charge. We were sent with a full power to amend the existing system. This involved every power to make very alteration necessary to meliorate and render it perfect. It cannot be said that we arrogated powers altogether inconsistent with the object of our delegation. There is a clause which expressly provides for future amendments, and it is still in your power. What the Convention has done is a mere proposal. It was found impossible to improve the old system, without changing its very form. For by that system the three great branches of government are blended together. All will agree that the concession of power to a government so constructed, is dangerous. The proposing a new system to be established by the assent and ratification of nine states, arose from the necessity of the case. It was thought extremely hard that one state, or even three or four states, should be able to prevent necessary alterations. The very refractory conduct of Rhode-Island in uniformly opposing every wise and judicious measure, taught us how impolitic it would be, to put the general welfare in the power of a few members of the union. It was therefore thought by the Convention, that if so great a majority as nine states should adopt it, it would be right to establish it. It was recommended by Congress to the state Legislatures to refer it to the people of their different states. Our Assembly has confirmed what they have done, by proposing it to the consideration of the people. It was there and not here that the objection should have been made. This Convention is therefore to consider the Constitution, and whether it be proper for the government of the people of America; and had it been proposed by any one individual, under these circumstances, it would be right to consider whether it be good or bad. The gentleman has insinuated, that this Constitution, instead of securing our liberties, is a scheme to enslave us. He has produced no proof, but rests it on his bare assertion—an assertion which I am astonished to hear, after the ability with which every objection has been fully and clearly refuted in the course of our debates. I am for my part conscious of having had nothing in view but the liberty and happiness of my country, and I believe every member of that Convention was actuated by motives equally sincere and patriotic.
He says that it will tend to aristocracy. Where is the aristocratical part of it? It is ideal. I always thought that an aristocracy was that government where the few governed the many, or where the rulers were hereditary. This is a very different government from that. I never read of such an aristocracy. The first branch are Representatives chosen freely by the people at large. This must be allowed upon all hands to be democratical. The next is the Senate, chosen by the people in a secondary manner through the medium of their delegates in the Legislature. This cannot be aristocratical. They are chosen for six years, but one third of them go out every second year, and are responsible to the state Legislatures. The President is elected for four years. By whom? By those who are elected in such manner as the state Legislatures think proper. I hope the gentleman will not pretend to call this an aristocratical feature. The privilege of representation is secured in the most positive and unequivocal terms, and cannot be evaded. The gentleman has again brought on the trial by jury. The Federal Convention, Sir, had no wish to destroy the trial by jury. It was three or four days before them. There were a variety of objections to any one mode. It was thought impossible to fall upon any one mode, but what would produce some inconveniences. I cannot now recollect all the reasons given. Most of them have been amply detailed by other gentlemen here. I should suppose, that if the Representatives of twelve states, with many able lawyers among them, could not form any unexceptionable mode, this Convention could hardly be able to do it. As to the subject of religion, I thought what has been said would fully satisfy that gentleman and every other. No power is give to the general government to interfere with it at all. Any act of Congress on this subject would be an usurpation. No sect is preferred to another. Every man has a right to worship the Supreme Being in the manner he thinks proper. No test is required. All men of equal capacity and integrity, are equally eligible to offices. Temporal violence might make mankind wicked, but never religious. A test would enable the prevailing sect to persecute the rest. I do not suppose an Infidel, or any such person, will ever be chosen to any office unless the people themselves be of the same opinion. He says that Congress may establish ecclesiastical courts. I do not know what part of the Constitution warrants that assertion. It is impossible. No such power is given them. The gentleman advises such amendments as would satisfy him, and proposes a mode of amending before ratifying. If we do not adopt first, we are no more a part of the union than any foreign power. It will be also throwing away the influence of our state to propose amendments as the condition of our ratification. If we adopt first, our Representatives will have a proportionable weight in bringing about amendments, which will not be the case if we do not adopt. It is adopted by ten states already. The question then is, not whether the Constitution be good, but whether we will or will not confederate with the other states. The gentleman supposes that the liberty of the press is not secured. The Constitution does not take it away. It says nothing of it, and can do nothing to injure it. But it is secured by the Constitution of every state in the union in the most ample manner.
He objects to giving the government exclusive legislation in a district not exceeding ten miles square, although the previous consent and cession of the state within which it may be, is required. It is to be supposed, that the Representatives of the people will make regulations therein dangerous to liberty? Is there the least colour or pretext for saying, that the militia will be carried and kept there for life? Where is there any power to this? The power of calling forth the militia is given for the common defence, and can we suppose that our own Representatives, chosen for so short a period, will dare to pervert a power, given for the general protection, to an absolute oppression. But the gentleman has gone further, and says, that any man who will complain of their oppressions, or write against their usurpations, may be deemed a traitor, and tried as such in the ten miles square, without a jury. What an astonishing misrepresentation! Why did not the gentleman look at the Constitution, and see their powers? Treason is there defined. It says expressly, that treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. Complaining therefore, or writing, cannot be treason. (Here Mr. Lenoir rose, and said that he meant misprision of treason.) The same reasons hold against that too. The liberty of the press being secured, creates an additional security. Persons accused cannot be tried without a jury; for the same article provides, that "the trial of all crimes shall be by jury." They cannot be carried to the ten miles square; for the same clause adds, "and such trial shall be held in the state where the said crimes shall have been committed." He has made another objection, that land might not be taxed, and the other taxes would fall heavily on the poor people. Congress has a power to lay taxes, and no article is exempted or excluded. The proportion of each state may be raised in the most convenient manner. The census or enumeration provided, is meant for the salvation and benefit of the southern states. It was mentioned that land ought to be the only object of taxation. As an acre of land in the northern states, is worth many acres in the southern states, this would have greatly oppressed the latter. It was then judged that the number of people, as therein provided, was the best criterion for fixing the proportion of each state, and that proportion in each state to be raised in the most easy manner for the people. But he has started another objection, which I never heard before; that Congress may call for men in proportion to the number of negroes. The article with respect to requisitions of men is entirely done away. Men are to be raised by bounty. Suppose it had not been done away. The eastern states could not impose on us a man for every black. It was not the case during the war, nor ever could be. But quotas of men are entirely done away.
Another objection which he makes, is, that the Federal Courts will have cognizance of contracts between this state and citizens of another state, and that public securities, negociated by our citizens to those of other states will be recoverable in specie in those courts against this state. They cannot be negociated. What do these certificates say? Merely that the person therein named, shall for a particular service, receive so much money. They are not negociable. The money must be demanded for them in the name of those therein mentioned. No other person has a right. There can be no danger therefore in this respect. The gentleman has made several other objections, but they have been so fully answered and clearly refuted by several gentlemen in the course of the debates, that I shall pass them by unnoticed. I cannot however conclude, without observing, that I am amazed he should call the powers of the general government indefinite. It is the first time I heard the objection. I will venture to say they are better defined than the powers of any government he ever heard of.
Mr. J. M'Dowall—Mr. Chairman, I was in hopes that amendments would have been brought forward to the Constitution, before the idea of adopting it had been thought of or proposed. From the best information, there is a great proportion of the people in the adopting states averse to it as it stands. I collect my information from respectable authority. I know the necessity of a federal government, I therefore wish this was one in which our liberties and privileges were secured. For I consider the union as the rock of our political salvation. I am for the strongest federal government. A bill of rights ought to have been inserted to ascertain our most valuable and unalienable rights.
The fourth section of the first clause gives the Congress an unlimited power over elections. This matter was not cleared up to my satisfaction. They have full power to alter it from one time of the year to another, so as that it shall be impossible for the people to attend. They may fix the time in winter, and the place at Edenton, when the weather will be so bad that the people cannot attend. The state governments will be mere boards of election. The clause of elections gives the Congress power over the time and manner of chusing the Senate. I wish to know why reservation was made of the place and time of chusing Senators, and not also of electing Representatives. It points to the time when the states shall be all consolidated into one empire. Trial by jury is not secured. The objections against this want of security have not been cleared up in a satisfactory manner. It is neither secured in civil nor criminal cases. The federal appellate cognizance of law and fact, puts it in the power of the wealthy to recover unjustly of the poor man, who is not able to attend at such extreme distance, and bear such enormous expence as it must produce. It ought to be limited so as to prevent such oppressions.
I say the trial by jury is not sufficiently secured in criminal cases. The very intention of the trial by jury is, that the accused may be tried by persons who come from the vicinage or neighbourhood, who may be acquainted with his character. The substance therefore of this privilege is taken away.
By the power of taxation every article capable of being taxed, may be so heavily taxed that the people cannot bear the taxes necessary to be raised for the support of their state governments. Whatever law we may make, may be repealed by their laws. All these things, with others, tend to make us one general empire. Such a government cannot be well regulated. When we are connected with the northern states, who have a majority in their favour, laws may be made which will answer their convenience, but will be oppressive to the last degree upon the southern states. They differ in climate, soil, customs, manners, &c. A large majority of the people of the people of this country are against this Constitution, because they think it replete with dangerous defects. They ought to be satisfied with it before it is adopted, otherwise it cannot operate happily. Without the affections of the people it will not have sufficient energy. To enforce its execution recourse must be had to arms and bloodshed. How much better would it be if the people were satisfied with it? From all these considerations I now rise to oppose its adoption; for I never will agree to a government that tends to the destruction of the liberty of the people.
Mr. Wilson wished that the Constitution had excluded Popish Priests from offices. As there was no test required, and nothing to govern them but honour, he said, that when their interest clashed with their honour, the latter would fly before the former.
Mr. Lancaster—Mr. Chairman, It is of the utmost importance to decide this great question with candour and deliberation. Every part of this Constitution has been elucidated. It has been asserted by several worthy gentlemen, that it is the most excellent Constitution that ever was formed. I could wish to be of that opinion if it were so. The powers vested therein are very extensive. I am apprehensive that the power of taxation is unlimited. It expressly says, that Congress shall have the power to lay taxes, &c. It is obvious to me that the power is unbounded, and I am apprehensive that they may lay taxes too heavily on our lands, in order to render them more productive. The amount of the taxes may be more than our lands will sell for. It is obvious that the lands in the northern states, which gentlemen suppose to be more populous than this country, are more valuable and better cultivated than ours: Yet their lands will be taxed no higher than our lands. A rich man there, from reports, does not possess so large a body of land as a poor man to the southward. If so, a common poor man here, will have much more to pay for poor land, than the rich man there for land of the best quality. This power, being necessarily unequal and oppressive, ought not to be given up. I shall endeavour to be as concise as possible. We find that the ratification of nine states shall be sufficient for its establishment between the states so ratifying the same. This, as has been already taken notice of, is a violation of the Confederation. We find that by that system, no alteration was to take place, except it was ratified by every state in the union. Now by comparing this last article of the Constitution to that part of the Confederation, we find a most flagrant violation. The articles of Confederation were sent out with all solemnity on so solemn an occasion, and were to be always binding on the states; but, to our astonishment, we see that nine states may do away the force of the whole. I think, without exaggeration, that it will be looked upon by foreign nations, as a serious and alarming change.
How do we know that if we propose amendments they shall be obtained after actual ratification? May not these amendments be proposed with equal propriety, and more safety, as the condition of our adoption? If they violate the thirteenth article of the Confederation in this manner, may they not with equal propriety refuse to adopt amendments, although agreed to and wished for by two-thirds of the states? This violation of the old system is a precedent for such proceedings as these. That would be a violation destructive to our felicity. We are now determining a question deeply affecting the happiness of million yet unborn. It is the policy of freemen to guard their privileges. Let us then as far as we can exclude the possibility of tyranny. The President is chosen for four years. The Senators for six years. Where is our remedy for the most flagrant abuses? It is thought that North-Carolina is to have an opportunity of chusing one-third of their senatorial Members, and all their Representatives, once in two years. This would be the case as to the Senators, if they should be of the first class: but at any rate, it is to be after six years. But if they deviate from their duty, they cannot be excluded and changed the first year, as the Members of Congress can now by the Confederation. How can it be said to be safe to trust so much power in the hands of such men, who are not responsible or amenable for misconduct?
As it has been the policy of every state in the union to guard elections, we ought to be more punctual in this case. The Members of Congress now may be recalled. But in this Constitution they cannot be recalled. The continuance of the President and Senate is too long. It will be objected by some gentlemen, that if they are good, why not continue them? But I would ask, how are we to find out whether they be good or bad? The individuals who assented to any bad law are not easily discriminated from others. They will, if individually enquired of, deny that they gave it their approbation; and it is in their power to conceal their transactions as long as they please.
There is also the President's conditional negative on the laws. After a bill is presented to him and he disapproves of it, it is to be sent back to that House where it originated, for their consideration. Let us consider the effects of this for a few moments. Suppose it originates in the Senate, and passes there by a large majority: Suppose it passes in the House of Representatives unanimously—it must be transmitted to the President. If he objects, it is sent back to the Senate; if two-thirds do not agree to it in the Senate, what is the consequence? Does the House of Representatives ever hear of it afterwards? No, it drops, because it must be passed by two thirds of both Houses, and as only a majority of the Senate agreed to it it cannot become a law. This is giving a power to the President to over rule fifteen Members of the Senate and every Member in the House of Representatives. These are my objections. I look upon it to be unsafe to drag each other from the most remote parts in the state, to the Supreme Federal Court, which has appellate jurisdiction of causes arising under the Constitution, and of controversies between citizens of different states. I grant that if it be a contract between a citizen of Virginia and a citizen of North-Carolina, the suit must be brought here; but may they not appeal to the Supreme Court, which has cognizance of law and fact? They may be carried to Philadelphia. They ought to have limited the sum on which appeal should lie. They may appeal on a suit for only ten pounds. Such a trifling sum as this, would be paid by a man who thought he did not owe it, rather than go such a distance. It would be prudence in him so to do. This would be very oppressive.
I doubt my own judgment—experience has taught me to be dissident—but I hope to be excused and put right if I be mistaken.
The power of raising armies is also very exceptionable. I am not well acquainted with the government of other countries, but a man of any information knows that the King of Great-Britain cannot raise and support armies. He may call for and raise men, but he has no money to support them. But Congress is to have power to raise and support armies. Forty thousand men from North-Carolina could not be refused without violating the Constitution. I wish amendments to these parts. I agree it is not our business to enquire whether the continent be invaded or not. The General Legislature ought to superintend the care of this. Treaties are to be the supreme law of the land. This has been sufficiently discussed—it must be amended some way or the other. If the Constitution be adopted, it ought to be the supreme law of the land, and a perpetual rule for the governors and governed. But if treaties are to be the supreme law of the land, it may repeal the laws of different states, and render nugatory our bill of rights. As to a religious test, had the article which excludes it, provided that none should be required, but what had been required in the states heretofore, I would not have objected to it. It would secure religion. Religious liberty ought to be provided for. I acquiesce with the gentleman who spoke on this point my sentiments better than I could have done myself. For my part, in reviewing the qualifications necessary for a President, I did not suppose that the Pope could occupy the President's chair. But let us remember that we form a government for millions not yet in existence. I have not the art of divination. In the course of four or five hundred years, I do not know how it will work. This is most certain, that Papists may occupy that chair, and Mahometans may take it. I see nothing against it. There is a disqualification I believe in every state in the union—it ought to be so in this system. It is said that all power not given is retained. I find they thought proper to insert negative clauses in the Constitution, restraining the general government from the exercise of certain powers. These were unnecessary if the doctrine be true, that every thing not given is retained. From the insertion of these we may conclude the doctrine to be fallacious. Mr. Lancaster then observed, that he would disapprove of the Constitution as it then stood. His own feelings and his duty to his constituents induced him to do so. Some people, he said, thought a Delegate might act independently of the people. He thought otherwise, and that every Delegate was bound by their instructions, and if he did any thing repugnant to their wishes he betrayed his trust. He thought himself bound by the voice of the people, whatever other gentlemen might think. He would cheerfully agree to adopt if he thought it would be of general utility, but as he thought it would have a contrary effect, and as he believed a great majority of the people were against it, he would oppose its adoption.
Mr. Willie Jones was against ratifying in the manner proposed. He had attended, he said, with great patience to the debates of the speakers on both sides of the question. One party said the Constitution was all perfection. The other party said it wanted a great deal of perfection. The other party said it wanted a great deal of perfection. For his part, he thought so. He treated the dangers which were held forth in case of non adoption, as merely ideal and fanciful. After adding other remarks, he moved that the previous question might be put, with an intention, as he said, if that was carried, to introduce a resolution which he had in his hand, and which he was then willing to read if gentlemen thought proper, stipulating for certain amendments to be made previous to the adoption by this state.
Governor Johnston begged gentlemen to recollect, that the proposed amendments could not be laid before the other states unless we adopted and became part of the union.
Mr. Taylor wished that the previous question might be put as it would save much time. He feared the motion first made was a manoeuvre or contrivance to impose a Constitution on the people, which a majority disaproved of.
Mr. Iredell wished the previous question should be withdrawn, and that they might debate the first question. The great importance of the subject, and the respectability of the gentleman who made the motion, claimed more deference and attention than to decide it in the very moment it was introduced by getting rid of it by the previous question. A decision was now presented in a new form by a gentleman of great influence in the House, and gentlemen ought to have time to consider before they voted precipitately upon it.
A desultory conversation now arose. Mr. J. Galloway wished the question to be postponed till to-morrow morning.
Mr. J. M'Dowall was for immediately putting the question.—Several gentlemen expatiated on the evident necessity of amendments.
Governor Johnston declared, that he disdained all manoeuvres and contrivance; that an intention of imposing an improper system on the people, contrary to their wishes, was unworthy of any man. He wished the motion to be fairly and fully argued and investigated. He observed, that the very motion before them proposed amendments to be made. That they were proposed as they had been in other states. He wished therefore that the motion for the previous question should be withdrawn.
Mr. Willie Jones could not withdraw his motion. Gentlemens arguments, he said, had been listened to attentively, but he believed no person had changed his opinion. It was unnecessary then to argue it again. His motion was not conclusive. He only wished to know what ground they stood on, whether they should ratify it unconditionally or not.
Mr. Spencer wished to hear the arguments and reasons for and against the motion. Although he was convinced the House wanted amendments, and that all had nearly determined the question in their own minds, he was for hearing the question argued, and had no objection to the postponement of it till to-morrow.
Mr. Iredell urged the great importance of consideration. That the consequence of the previous question, if carried, would be an exclusion of this state out of the union. He contended that the House had no right to make a conditional ratification, and if excluded from the union, they could not be assured of an easy admission at a future day, thought the impossibility of existing out of the union must be obvious to every thinking man. The gentleman from Halifax had said, that his motion would not be conclusive. For his part, he was certain it would be tantamount to an immediate decision. He trusted gentlemen would consider the propriety of debating the first motion at large.
Mr. Person observed, that the previous question would produce no inconvenience. The other party, he said, had all the debating to themselves, and would probably have it again, if they insisted on further argument. He saw no propriety in putting it off till to-morrow, as it was not customary for a committee to adjourn with two questions before them.
Mr. Shepherd declared, that though he had made up his mind, and believed other gentlemen had done so, yet he had no objection to giving gentlemen an opportunity of displaying their abilities, and convincing the rest of their error if they could. He was for putting it off till to-morrow.
Mr. Davie took notice that the gentleman from Granville had frequently used ungenerous insinuations, and had taken much pains out of doors to irritate the minds of his countrymen against the Constitution. He called upon gentlemen to act openly and above board, adding that a contrary conduct on this occasion, was extremely despicable. He came thither, he said, for the common cause of his country, and knew no party, but wished the business to be conducted with candour and moderation. The previous question he thought irregular, and that it ought not to be put till the other question was called for. That it was evidently intended to preclude all further debate, and to precipitate the committee upon the resolution which it had been suggested was immediately to follow, which they were not then ready to enter upon. That he had not fully considered the consequences of a conditional ratification, but at present they appeared to him alarmingly dangerous, and perhaps equal to those of an absolute rejection.
Mr. Willie Jones observed, that he had not intended to take the House by surprise: That though he had his motion ready, and had heard of the motion which was intended for ratification, he waited till that motion should be made, and had afterwards waited for some time, in expectation that the gentleman from Halifax, and the gentleman from Edenton, would both speak to it. He had no objection to adjourning, but his motion would be still before the House.
Here there was a great cry for the question.
Mr. Iredell, [The cry for the question still continuing.] Mr. Chairman, I desire to be heard, notwithstanding the cry of "the question, the question." Gentlemen have no right to prevent any Member from speaking to it if he thinks fit. [The House subsided into order.] Unimportant as I may be myself, my constituents are as respectable as those of any Member in the House. It has indeed, Sir, been my misfortune to be under the necessity of troubling the House much oftener than I wished, owing to a circumstance which I have greatly regretted, that so few gentlemen take a share in our debates, though many are capable of doing so with propriety. I should have spoken to the question at large before, if I had not fully depended on some other gentleman doing it, and therefore I did not prepare myself by taking notes of what was said. However, I beg leave now to make a few observations. I think this Constitution safe. I have not heard a single objection which in my opinion shewed that it was dangerous. Some particular parts have been objected to, and amendments pointed out. Though I think it perfectly safe, yet with respect to any amendments which do not destroy the substance of the Constitution, but will tend to give greater satisfaction, I should approve of them, because I should prefer that system which would most tend to conciliate all parties. On these principles I am of opinion, that some amendments should be proposed.
The general ground of the objections seems to be, that the powers proposed to the general government, may be abused. If we give no power but such as may not be abused, we shall give none; for all delegated powers may be abused. There are two extremes equally dangerous to liberty. These are tyranny and anarchy. The medium between these two is the true government to protect the people. In my opinion, this Constitution is well calculated to guard against both these extremes. The possibility of general abuses ought not to be urged, but particular ones pointed out. A gentleman who spoke some time ago [Mr. Lenoir] observed that the government might make it treason to write against the most arbitrary proceedings. He corrected himself afterwards, by saying he meant misprision of treason. But in the correction he committed as great a mistake as he did at first. Where is the power given to them to do this? They have power to define and punish piracies and felonies committed on the high seas, and offences against the law of nations. They have no power to define any other crime whatever. This will shew how apt gentlemen are to commit mistakes. I am convinced on the part of the worthy Member, it was not designed, but arose merely from inattention.
Mr. Lenoir arose and declared, that he meant that those punishments might be inflicted by them within the ten miles square, where they would have exclusive powers of legislation.
Mr. Iredell continued—They are to have exclusive power of legislation; but how? Wherever they may have this district, they must possess it from the authority of the state within which it lies: And that state may stipulate the conditions of the cession. Will not such state take care of the liberties of its own people. What would be the consequence if the seat of the government of the United States, with all the archives of America, was in the power of any one particular state? Would not this be most unsafe and humiliating? Do we not all remember that in the year 1783, a band of soldiers went and insulted Congress? The sovereignty of the United States was treated with indignity. They applied for protection to the state they resided in, but could obtain none. It is to be hoped such a disgraceful scene will never happen again, but that for the future the national government will be able to protect itself. The powers of the government are particularly enumerated and defined: they can claim no others but such as are so enumerated. In my opinion they are excluded as much from the exercise of any other authority as they could be by the strongest negative clause that could be framed. A gentleman has asked, what would be the consequence if they had the power of the purse and sword? I ask, in what government under Heaven are these not given up to some authority or other? There is a necessity of giving both the purse and the sword to every government, or else it cannot protect the people. But have we not sufficient security that those powers shall not be abused? The immediate power of the purse is in the immediate Representatives of the people, chosen every two years, who can lay no tax on their constituents but what they are subject to at the same time themselves. The power of taxation must be vested somewhere. Do the committee wish it to be as it has been? Then they must suffer the evils which they have done. Requisitions will be of no avail. No money will be collected but by means of military force. Under the new government taxes will probably be much lighter than they can be under our present one. The impost will afford vast advantages, and greatly relieve the people from direct taxation. In time of peace it is supposed by many the imposts may be alone sufficient: But in time of war, it cannot be expected they will. Our expences would be much greater, and our ports might be blocked up by the enemy's fleet. Think then of the advantage of a national government possessed of energy and credit. Could government borrow money to any advantage without the power of taxation? If they could secure funds, and wanted immediately for instance 100,000l. they might borrow this sum, and immediately raise only money to pay the interest of it. If they could not, the 100,000l. must be instantly raised however distressing to the people, or our country perhaps over-run by the enemy. Do not gentlemen see an immense difference between the two cases? It is said that there ought to be jealousy in mankind. I admit it as far as is consistent with prudence. But unlimited jealousy is very pernicious. We must be contented if powers be as well guarded as the nature of them will permit. In regard to amending before or after adoption, the difference is very great. I beg leave to state my idea of that difference. I mentioned one day before, the adoption by ten states. When I did so, it was not to influence any person with respect to the merits of the Constitution, but as a reason for coolness and deliberation. In my opinion, when so great a majority of the American people have adopted it, it is a strong evidence in its favour: For it is not probable that ten states would have agreed to a bad Constitution. If we do not adopt, we are no longer in the union with the other states. We ought to consider seriously before we determine our connection with them. The safety and happiness of this state depend upon it. Without that union what would have been our condition now? A striking instance will point out this very clearly: At the beginning of the late war with Great-Britain, the Parliament thought proper to stop all commercial intercourse with the American provinces. They passed a general prohibitory act, from which New-York and North-Carolina were at first excepted. Why were they excepted? They had been as active in opposition as the other states; but this was an expedient to divide the northern from the middle states, and to break the heart of the southern. Had New-York and North-Carolina been weak enough to fall into this snare, we probably should not now have been an independent people. [Mr. Person called to order, and intimated that the gentleman meant to reflect on the opposers of the Constitution, as if they were friendly to the British interest. Mr. Iredell warmly resented the interruption, declaring he was perfectly in order, that it was disorderly to interrupt him, and in respect to Mr. Person's insinuation as to his intention, he declared in the most solemn manner he had no such, being well assured the opposers of the Constitution were equally friendly to the independence of America, as its supporters. He then proceeded.] I say they endeavoured to divide us. North-Carolina and New-York had too much sense to be taken in by their artifices. Union enabled us then to defeat all their endeavours: Union will enable us to defeat all the machinations of our enemies hereafter. The friends of their country must lament our present unhappy divisions. Most free countries have lost their liberties by means of dissentions among themselves. They united in war and danger: When peace and apparent security came, they split into factions and parties, and thereby became a prey to foreign invaders. This shews the necessity of union. In urging the danger of disunion so strongly, I beg leave again to say, that I mean not to reflect on any gentleman whatsoever, as if his wishes were directed to so wicked a purpose. I am sure such an insinuation as the gentleman from Granville supposed I intended, would be utterly unjust, as I know some of the warmest opposers of Great-Britain, are now among the warmest opponents of the proposed Constitution. Such a suggestion never entered into my head, and I can say with truth, that warmly as I am attached to this Constitution, and though I am convinced that the salvation of our country depends upon the adoption of it, I would not procure it success by one unworthy action or one ungenerous word. A gentleman has said that we ought to determine in the same manner as if no state had adopted the Constitution. The general principle is right, but we ought to consider our peculiar situation. We cannot exist by ourselves. If we imitate the examples of some respectable states that have proposed amendments subsequent to their ratification, we shall add our weight to have these amendments carried, as our Representatives will be in Congress to enforce them. Gentlemen entertain a jealousy of the eastern states. To withdraw ourselves from the southern states, will be encreasing the northern influence. The loss of one state may be attended with particular prejudice. It will be a good while before amendments of any kind can take place, and in the mean time if we do not adopt we shall have no share or agency in their transactions, though we may be ultimately bound by them. The first session of Congress will probably be the most important of any for many years. A general code of laws will then be established in execution of every power contained in the Constitution. If we ratify and propose amendments, our Representatives will be there to act in this important business. If we do not our interest may suffer, nor will the system be afterwards altered merely to accommodate our wishes. Besides that, one House may prevent a measure from taking place, but both must concur in repealing it. I therefore think an adoption proposing subsequent amendments, far safer and more desireable than the other mode. Nor do I doubt that every amendment, not of a local nature, nor injuring essentially the material powers of the Constitution, but principally calculated to guard against misconstruction, the real liberties of the people, will be readily obtained.
The previous question, after some desultory conversation, was now put. For it 183. Against it 84.—Majority in favour of the motion 99.
Mr. President now resumed the chair, and Mr. Kenan reported, that the committee had come to some resolutions on the subject referred to their consideration, but not having time to reduce them to form, desired leave to sit again.
Resolved, That the committee have leave to sit again tomorrow.
1The Convention then adjourned until to-morrow morning nine o'clock.