The Anti-Federalist Papers

Patrick Henry

• Publisher: Dover Publications
• Year: 2020
• Print ISBN: 9780486843452
• eBook ISBN: 9780486846996
• Topic: History
• Subtopic: Early American History
• Index: History

Between the first proposals of a federal Constitution in 1787 and the document’s 1789 ratification, an intense debate raged among the nation's founding fathers. The Federalist Papers — authored by James Madison, Alexander Hamilton, and John Jay — favored the adoption of the Constitution, but other early statesmen opposed its ratification. The latter group, writing under pseudonyms, amassed a substantial number of influential essays, speeches, and letters that warned of the dangers inherent in a powerful central government.
Although never collected in as definitive a form as The Federalist Papers, these statements of opposition appeared in various publications and eventually became known as The Anti-Federalist Papers. Some of their arguments were incorporated into the first ten amendments to the Constitution — the Bill of Rights — but others remained unaddressed. The persuasive and well-argued statements encompassed by this volume continue to provide a valuable and timely perspective on the necessary limits of power.

RICHARD HENRY LEE, LETTER TO EDMUND RANDOLPH WITH OBJECTIONS TO THE CONSTITUTION

16 October 1787

During the national debate over ratification, Virginia’s Richard Henry Lee wrote to the Governor of Virginia, Edmund Randolph, outlining his objections to the new Constitution. It can be seen in this important letter that many of the anti-Federalist objections to the Constitution—such as the lack of guarantees of freedom of religion, freedom of the press, the right to assembly and petition, the right to a jury trial, prohibition of unreasonable searches and seizures of property—concerned individual rights that would later, very much in response to the debate over these points during the ratification period, be permanently protected in American law under the Bill of Rights.

Richard Henry Lee (1732–1794) was a planter, merchant, politician, and member of the Virginia political aristocracy. At the Second Continental Congress in 1776, it was Lee who offered the motion to declare independence from Great Britain.

Edmund Randolph (1753–1813) was a delegate from Virginia to the Constitutional Convention of 1787 and was Governor of Virginia from 1786 to 1788.

It having been found from universal experience, that the most expressed declarations and reservations are necessary to protect the just rights and liberty of mankind from the silent powerful and ever active conspiracy of those who govern; and it appearing to be the sense of the good people of America, by the various bills or declarations of rights whereon the government of the greater number of states are founded: that such precautions are necessary to restrain and regulate the exercise of the great powers given to the rulers. In conformity with these principles, and from respect for the public sentiment on this subject, it is submitted, that the new Constitution proposed for the government of the United States be bottomed upon a declaration or bill of rights, clearly and precisely stating the principles upon which this social compact is founded, to wit:

(1)that the rights of conscience in matters of religion ought not to be violated,

(2)that the freedom of the press shall be secured,

(3)that the trial by jury in criminal and civil cases, and the modes prescribed by the common law for the safety of life in criminal prosecutions shall be held sacred,

(4)that standing armies in times of peace are dangerous to liberty, and ought not to be permitted unless assented to by two-thirds of the members composing each house of the legislature under the new Constitution,

(5)that the elections should be free and frequent,

(6)that the right administration of justice should be secured by the independence of the judges,

(7)that excessive bail, excessive fines, or cruel and unusual punishments should not be demanded or inflicted,

(8)that the right of the people to assemble peaceably for the purpose of petitioning the legislature shall not be prevented,

(9)that the citizens shall not be exposed to unreasonable searches, seizure of their persons, houses, papers or property,

(10)and it is necessary for the good of society, that the administration of government be conducted with all possible maturity of judgment, for which reason it has been the practice of civilized nations and so determined by every state in the Union, that a council of state or privy council should be appointed to advise and assist in the arduous business assigned to the executive power. Therefore let the new Constitution be so amended as to admit the appointment of a privy council to consist of eleven members chosen by the president, but responsible for the advice they may give. For which purpose the advice given shall be entered in a council book, and signed by the giver in all affairs of great moment, and that the counselors act under an oath of office. In order to prevent the dangerous blending of the legislative and executive powers, and to secure responsibility, the privy, and not the senate, shall be joined with the president in the appointment of all officers civil and military under the new Constitution, that the Constitution be so altered as not to admit the creation of a vice president, when duties as assigned may be discharged by the privy council, except in the instance of proceedings in the senate, which may be supplied by a speaker chosen from the body of senators by themselves as usual, that so may be avoided the establishment of a great officer of state, who is sometimes to be joined with the legislature, and sometimes administer the government, rendering responsibility difficult, besides giving unjust and needless pre-eminence to that state from whence this officer may have come,

(11)that such parts of the new Constitution be amended as provide imperfectly for the trial of criminals by a jury of the vicinage, and so supply the omission of a jury trial in civil causes or disputes about property between individuals, whereby the common law is directed, and as generally it is secured by the several state constitutions,

(12)that such parts of the new Constitution be amended as permit the vexatious and oppressive callings of citizens from their own country, and all controversies between citizens of different states and between citizens and foreigners, to be tried in a far distant court, and as it may be without a jury, whereby in a multitude of cases, the circumstances of distance and expense, may compel numbers to submit to the most unjust and ill founded demand,

(13)that in order to secure the rights of the people more effectually from violation, the power and respectability of the House of Representatives be increased, by increasing the number of delegates to that house where the popular interest must chiefly depend for protection,

(14)that the Constitution be so amended as to increase the number of votes necessary to determine questions in cases where a bare majority may be seduced by strong motives of interest to injure and oppress the minority of the community as in commercial regulations, where advantage may be taken of circumstances to ordain rigid and premature laws that will in effect amount to monopolies, to the great impoverishment of those states whose peculiar situation expose them to such injuries

“JOHN DEWITT,” ESSAYS I, II, AND III

22 October 1787 / 27 October 1787 / 5 November 1787

Addressed “To the Free Citizens of the Commonwealth of Massachusetts,” the as yet unidentified Massachusetts political philosopher who adopted the pseudonym “John DeWitt” (see Introduction), published five letters in the Boston American Herald between October and December 1787, which effectively presented the anti-Federalist case against a more powerful central government for the new United States of America. The first three of his letters, published on October 22, 27, and November 5, are reprinted here. Despite his efforts, the Massachusetts Ratifying Convention voted to ratify on February 6, 1788—the sixth state to ratify—by the fairly close vote of 187 to 168.

I

22 OCTOBER, 1787

To the Free Citizens of the Commonwealth of Massachusetts:

Whoever attentively examines the history of America, and compares it with that of other nations, will find its commencement, its growth, and its present situation, without a precedent.

It must ever prove a source of pleasure to the Philosopher, who ranges the explored parts of this inhabitable globe, and takes a comparative view, as well of the rise and fall of those nations, which have been and are gone, as of the growth and present existence of those which are now in being, to close his prospect with this Western world. In proportion as he loves his fellow creatures, he must here admire and approve; for while they have severally laid their foundations in the blood and slaughter of three, four, and sometimes, ten successive generations, from their passions have experience, every misery to which human nature is subject, and at this day present striking features of usurped power, unequal justice, and despotic tyranny. America stands completely systemised without any of these misfortunes.—On the contrary, from the first settlement of the country, the necessity of civil associations, founded upon equality, consent, and proportionate justice have ever been universally acknowledged.—The means of education always attended to, and the fountains of science brought within the reach of poverty.—Hitherto we have commenced society, and advanced in all respects resembling a family, without partial affections, or even a domestic bickering: And if we consider her as an individual, instead of an undue proportion of violent passions and bad habits, we must set her down possessed of reason, genius and virtue.—I premise these few observations because there are too many among us of narrow minds, who live in the practice of blasting the reputation of their own country.—They hold it as a maxim, that virtues cannot grow in their own soil.—They will appreciate those of a man, they know nothing about, because he is an exotic; while they are sure to depreciate those much more brilliant in their neighbours, because they are really acquainted with and know them.

Civil society is a blessing.—It is here universally known as such.—The education of every child in this country tends to promote it.—There is scarcely a citizen in America who does not wish to bring it, consistent with our situation and circumstances, to its highest state of improvement.—Nay, I may say further, that the people in general aim to effect this point, in a peaceable, laudable, and rational way. These assertions are proved by stubborn facts, and I need only resort to that moment, when, in contest with a powerful enemy, they paid such an unprecedented attention to civilization, as to select from among themselves their different conventions, and form their several constitutions, which, for their beautiful theoretical structure, caught the admiration of our enemies, and secured to us the applause of the world.—We at this day feel the effects of this disposition, and now live under a government of our own choice, constructed by ourselves, upon unequivocal principles, and requires but to be well administered to make us as happy under it as generally falls to the lot of humanity. The disturbances in the course of the year past cannot be placed as an objection to the principle I advance.—They took their rise in idleness, extravagance and misinformation, a want of knowledge of our several finances, a universal delusion at the close of the war, and in consequence thereof, a pressure of embarrassments, which checked, and in many cases, destroyed that disposition of forbearance, which ought to be exercised towards each other. These were added to the accursed practice of letting money at usury, and some few real difficulties and grievances, which our late situation unavoidably brought upon us. The issue of them, however, rather proves the position for, a very few irreclaimables excepted, we find even an anxiety to hearken to reason pervading all classes—industry and frugality increasing, and the advantages arising from good, wholesome laws, confessed by every one.—Let who will gain say it. I am confident we are in a much better situation, in all respects, than we were at this period the last year; and as fast as can be expected, consistent with the passions and habits of a free people, of men who will think for themselves, coalescing, as a correspondent observes in a late paper, under a firm, wise and efficient government. The powers vested in Congress have hitherto been found inadequate.—Who are those that have been against investing them? The people of this Commonwealth have very generally supposed it expedient, and the farmer equally with the merchant have taken steps to effect it.—A Convention from the different States for that sole purpose hath been appointed of their most respectable citizens—respectable indeed I may say for their equity, for their literature, and for their love of their country.—Their proceedings are now before us for our approbation.—The eagerness with which they have been received by certain classes of our fellow citizens, naturally forces upon us this question: Are we to adopt this Government, without an examination?—Some there are, who, literally speaking, are for pressing it upon us at all events. The name of the man who but lisps a sentiment in objection to it, is to be handed to the printer, by the printer to the public, and by the public he is to be led to execution. They are themselves stabbing its reputation. For my part, I am a stranger to the necessity for all this haste! Is it not a subject of some small importance? Certainly it is.—Are not your lives, your liberties and properties intimately involved in it?—Certainly they are. Is it a government for a moment, a day, or a year? By no means—but for ages—. Altered it may possibly be, but it is easier to correct before it is adopted.—Is it for a family, a state, or a small number of people? It is for a number no less respectable than three millions. Are the enemy at our gates, and have we not time to consider it? Certainly we have. Is it so simple in its form as to be comprehended instantly?—Every letter, if I may be allowed the expression, is an idea. Does it consist of but few additions to our present confederation, and those which have been from time to time described among us, and known to be necessary?—Far otherwise. It is a compleat system of government, and armed with every power, that a people in any circumstances ought to bestow. It is a path newly struck out, and a new set of ideas are introduced that have neither occurred or been digested.—A government for national purposes, preserving our constitution entire, hath been the only plan hitherto agitated. I do not pretend to say, but it is in theory the most unexceptionable, and in practice will be the most conducive to our happiness of any possible to be adopted:—But it ought to undergo a candid and strict examination. It is the duty of every one in the Commonwealth to communicate his sentiments to his neighbour, divested of passion, and equally so of prejudices. If they are honest and he is a real friend to his country, he will do it and embrace every opportunity to do it. If thoroughly looked into before it is adopted, the people will be more apt to approve of it in practice, and every man is a TRAITOR to himself and his posterity, who shall ratify it with his signature, without first endeavouring to understand it.—We are but yet in infancy; and we had better proceed slow than too fast.—It is much easier to dispense powers, than recall them.—The present generation will not be drawn into any system; they are too enlightened; they have not forfeited their right to a share in government, and they ought to enjoy it.

Some are heard to say, “When we consider the men who made it, we ought to take it for sterling, and without hesitation—that they were the collected wisdom of the States, and had no object but the general good.”—I do not doubt all this, but facts ought not to be winked out of sight:—They were delegated from different States, and nearly equally represented, though vastly disproportionate both in wealth and numbers. They had local prejudices to combat, and in many instances, totally opposite interests to consult. Their situations, their habits, their extent, and their particular interest, varied each from the other. The gentlemen themselves acknowledge that they have been less rigid upon some points, in consequence of those difficulties than they otherwise should have been.—Others again tell you that the Convention is or will be dissolved; that we must take their proceedings in whole or reject them.—But this surely cannot be a reason for their speedy adoption; it rather works the other way. If evils are acknowledged in the composition, we ought, at least, to see whose shoulders are to bear the most; to compare ours with those of other States, and take care that we are not saddled with more than our proportion: That the citizens of Philadelphia are running mad after it, can be no argument for us to do the like:—Their situation is almost contrasted with ours; they suppose themselves a central State; they expect the perpetual residence of Congress, which of itself alone will ensure their aggrandizement: We, on the contrary, are sure to be near one of the extremes; neither the loaves or fishes will be so plenty with us, or shall we be so handy to procure them.

We are told by some people, that upon the adopting this New Government, we are to become every thing in a moment:—Our foreign and domestic debts will be as a feather; our ports will be crowded with the ships of all the world, soliciting our commerce and our produce: Our manufactures will increase and multiply; and, in short, if we stand still, our country, notwithstanding, will be like the blessed Canaan, a land flowing with milk and honey. Let us not deceive ourselves; the only excellency of any government is in exact proportion to the administration of it:—Idleness and luxury will be as much a bane as ever; our passions will be equally at war with us then as now; and if we have men among us trying with all their ability to undermine our present Constitution, these very persons will direct their force to sap the vitals of the new one.—

Upon the whole, my fellow countrymen, I am as much a federal man as any person: In a federal union lies our political salvation.—To preserve that union, and make it respectable to foreign opticks, the National Government ought to be armed with all necessary powers; but the subject I conceive of infinite delicacy, and requires both ability and reflection. In discussing points of such moment, America has nothing to do with passions or hard words; every citizen has an undoubted right to examine for himself, neither ought he to be ill treated and abused, because he does not think at the same moment exactly as we do. It is true, that many of us have but our liberties to lose, but they are dearly bought, and are not the least precious in estimation:—In the mean time, is it not of infinite consequence, that we pursue inflexibly that path, which I feel persuaded we are now approaching, wherein we shall discourage all foreign importations; shall see the necessity of greater economy and industry; shall smile upon the husbandman, and reward the industrious mechanic; shall promote the growth of our own country, and wear the produce of our own farms; and, finally, shall support measures in proportion to their honesty and wisdom, without any respect to men. Nothing more is wanted to make us happy at home, and respectable abroad.

John DeWitt.

II

27 OCTOBER 1787

To the Free Citizens of the Commonwealth of Massachusetts:

In my last address upon the proceedings of the Federal Convention, I endeavored to convince you of the importance of the subject, that it required a cool, dispassionate examination, and a thorough investigation, previous to its adoption—that it was not a mere revision and amendment of our first Confederation, but a compleat System for the future government of the United States, and I may now add in preference to, and in exclusion of, all others heretofore adopted.—It is not TEMPORARY, but in its nature, PERPETUAL.—It is not designed that you shall be annually called, either to revise, correct, or renew it; but, that your posterity shall grow up under, and be governed by it, as well as ourselves.—It is not so capable of alterations as you would at the first reading suppose; and I venture to asse...

Table of contents

• Cover
• Title Page
• Copyright Page
• Contents
• Introduction
• Constitutional Convention Debate – 1787
• Essays/Letters/Addresses – 1787/1788