Back The Debate on the Constitution: Part Two: January to August 1788

The Debate on the Constitution: Part Two: January to August 1788

Federalist and Anti-Federalist Speeches, Articles, and Letters During the Struggle over Ratification More

Edited by Bernard Bailyn

“[H]ere, after more than 200 years, is an easily accessible set of sacred writings for America’s civil religion—the adoration and veneration of the United States Constitution.” — Chicago Tribune

Overview
Table of Contents
Contributors

Overview

Story of the Week Noah Webster, “On the Absurdity of a Bill of Rights”
March 16, 2017

Save $25 when you buy both Debate volumes in a boxed set.

In this Library of America volume (and its companion) is captured, on a scale unmatched by any previous collection, the extraordinary energy and eloquence of our first national political campaign.

Part Two gathers collected press polemics and private commentaries from January to August 1788, including all the amendments proposed by state ratifying conventions as well as dozens of speeches from the South Carolina, Virginia, New York, and North Carolina conventions. Included are dramatic confrontations from Virginia, where Patrick Henry pitted his legendary oratorical skills against the persuasive logic of Madison, and from New York, where Alexander Hamilton faced the brilliant Antifederalist Melancton Smith.

In addition to useful notes, there are biographical profiles of all writers, speakers, and recipients, and a detailed chronology of relevant events from 1774 to 1804 provide fascinating background. A general index allows readers to follow specific topics, and an appendix includes the Declaration of Independence, the Articles of Confederation, and the Constitution (with all amendments).

See the contents for this volume (PDF)

Bernard Bailyn (1922–2020), editor, was Adams University Professor and James Duncan Phillips Professor of Early American History at Harvard University and a Pulitzer Prize–winning author of numerous books, including The Ideological Origins of the American Revolution, Voyagers to the West, and Atlantic History: Concept and Contours. In 2010 he was awarded the National Humanities Medal by President Barack Obama.

This Library of America series edition is printed on acid-free paper and features Smyth-sewn binding, a full cloth cover, and a ribbon marker.

Project support for this volume was provided by The Lynde & Harry Bradley Foundation.

The Debate on the Constitution: Part Two is kept in print by a gift from Mr. & Mrs. Thomas W. Smith to the Guardians of American Letters Fund.
Table of Contents
DEBATES IN THE PRESS AND IN PRIVATE CORRESPONDENCE, January 14-August 9, 1788
- Robert Yates and John Lansing, Jr., to Governor George Clinton, January 14, 1788 On the Likely Failure of Liberty: The Dissent of Two New York Delegates to the Philadelphia Convention
- Hugh Ledlie to John Lamb, January 15, 1788 Beware, Beware, Beware, For I Apprehend a Dreadful Snare”
- Nathaniel Barrell to George Thatcher, January 15, 1788 Will Congress Remain a Faithful Guardian?
- Rawlins Lowndes and Edward Rutledge Debate in the South Carolina Legislature, January 16, 1788 Should One Experiment with Liberty, or Tamper with Slavery?
- “Publius,” The Federalist XXXIX [James Madison], January 16, 1788 What Is a Republic? Can It Be Part National, Part Federal?
- “An Old State Soldier” I, January 16, 1788 “To Complete the Designs of a War That Ended Many Years Before
- “Brutus” IX, January 17, 1788 The Dangers of a Standing Army
- “Publius,” The Federalist XLI [James Madison], January 19, 1788 On the Powers of the National Government: An Analysis of Armies, Taxation, and the General Welfare Clause
- Henry Knox to John Sullivan, January 19, 1788 “Something Must Be Done Speedily”
- “Americanus” [John Stevens, Jr.] VII, January 21, 1788 A Refutation of Governor Edmund Randolph’s Objections
- “Publius,” The Federalist XLII [James Madison], January 22, 1788 On the Powers of the Federal Government: Relations with Foreign Nations, and Other Provisions of Article I, Section 8
- “Publius,” The Federalist XLIII [James Madison], January 23, 1788 Are Force and Right Necessarily on the Same Side?
- “Centinel” [Samuel Bryan] XII, January 23, 1788 The Federalists’ Conspiracy Detected: “The Most Odious System of Tyranny That Was Ever Projected … A Crime of the Blackest Dye”
- “Brutus” X, January 24, 1788 “That Dangerous Engine of Despotism a Standing Army”
- “Publius,” The Federalist XLIV [James Madison], January 25, 1788 Restraints on the States and a Defense of the “Necessary and Proper” and “Supreme Law” Clauses
- “Publius,” The Federalist XLV [James Madison], January 26, 1788 On the Preponderant Power of the States
- On the New Constitution, January 28, 1788 “A Mere Disguise for Parliament and King”
- “Publius,” The Federalist XLVI [James Madison], January 29, 1788 Federal Tyranny: “The Incoherent Dreams of a Delirious Jealousy”
- David Ramsay to Benjamin Lincoln, January 29, 1788 “Federalism … Has Gained Great Ground”
- John Williams to His Constituents, written January 29, 1788, published February 25, 1788 New York’s Advantage in the Present System: Low Taxes
- “Publius,” The Federalist XLVII [James Madison], January 30, 1788 On the Separation of Powers: A Subject Misconceived and Misapplied
- “Brutus” XI, January 31, 1788 The Supreme Court: They Will Mould the Government Into Almost Any Shape They Please
- “Publius,” The Federalist XLVIII [James Madison], February 1, 1788 The Separation of Powers: On the Dangers of Legislative Usurpation
- “Publius,” The Federalist XLIX [James Madison], February 2, 1788 On the Dangers of Too Frequent Conventions: Stirring the Public Passions and Attacking the Timidity of Reason
- “Civis” [David Ramsay] to the Citizens of South Carolina, February 4, 1788 Advantages for the South
- “Agrippa” [James Winthrop] XVIII, February 5, 1788 Amend the Articles of Confederation or Amend the Constitution? Fourteen Conditions for Accepting the Constitution
- “Publius,” The Federalist LI [James Madison], February 6, 1788 On the Safety of Multiple Interests: Ambition Will Counteract Ambition
- “A. B.” [Francis Hopkinson], The Raising: A New Song for Federal Mechanics, February 6, 1788
- “Brutus” XII, February 7 and 14, 1788 On the Power of the Supreme Court: Nothing Can Stand Before It
- George Washington to the Marquis de Lafayette, February 7, 1788 Two Basic Reasons to Support the Constitution
- “Publius,” The Federalist LII [James Madison], February 8, 1788 On the House of Representatives: Electoral Qualifications and Biennial Elections
- “Publius,” The Federalist LIII [James Madison], February 9, 1788 On the Frequency of Elections
- William Williams to the Printer, February 11, 1788 To Obtain Blessings from the Most High
- “Publius, ” The Federalist LIV [James Madison], February 12, 1788 Are Slaves Property or Persons?
- “Publius,” The Federalist LV [James Madison], February 13, 1788 How Large Should the House of Representatives Be?
- “Publius,” The Federalist LVI [James Madison], February 16, 1788 “The Sufficiency of a Moderate Number of Representatives”
- “Publius,” The Federalist LVII [James Madison], February 19, 1788 Representatives and Their Constituencies: The Chords Which Bind
- Harry Innes to John Brown, February 20, 1788 The Trans-Appalachian West: “We Shall Be the Mere Vassals of the Congress”
- “Brutus” XIII, February 21, 1788 The Judicial Power: Can an Individual Sue a State?
- Hugh Williamson’s Speech at Edenton, North Carolina, delivered November 8, 1787, printed February 25, 26, 27, 1788 “General Bankruptcy and Loss of Honor … Rejoice in the Prospect of Better Times”
- “Centinel” [Samuel Bryan] XVI, February 26, 1788 A Conspiracy Detected To Obliterate Debts Owed to the Public
- Jeremiah Hill to George Thatcher, c. February 26, 1788 “Future Grandeur”
- “A Deep Laid Scheme to Enslave Us … Invented in the Society of the Cincinnati,” February 27, 1788
- “Publius,” The Federalist LXII [James Madison], February 27, 1788 The Senate Examined
- “The Impartial Examiner” I, part 2, February 27, 1788 On the Diversity of Interests and the Dangers of Standing Armies and a Supreme Court
- Benjamin Rush to Jeremy Belknap, February 28, 1788 A Hopeful Future
- “Brutus” XIV, February 28 and March 6, 1788 The Supreme Court: The Danger of Appellate Jurisdiction
- Joseph Spencer to James Madison, Enclosing John Leland’s Objections, February 28, 1788 Ten Objections by a Leading Virginia Baptist
- Rhode Island’s Assembly Refuses to Call a Convention and Submits the Constitution Directly to the People, February 29 and March 1, 1788
  - The Freemen of Providence Submit Eight Reasons for Calling a Convention, March 26, 1788
- “A Columbian Patriot” [Mercy Otis Warren], Observations on the Constitution, February 1788 “The Gulph of Despotism Set Open”
- “Giles Hickory” [Noah Webster] III, February 1788 Liberty Is Never Secured by Paper Declarations
- “Publius,” The Federalist LXIII [James Madison], March 1, 1788 “The Necessity of a Well Constructed Senate”
- “Publius,” The Federalist LXV [Alexander Hamilton], March 7, 1788 The Senate as the Court for Impeachments
- John Page to Thomas Jefferson, March 7, 1788 Convincing the Voters
- “Publius,” The Federalist LXVIII [Alexander Hamilton], March 12, 1788 The Electoral College Will Prevent “Cabal, Intrigue and Corruption” in Presidential Elections
- “Publius,” The Federalist LXIX [Alexander Hamilton], March 14, 1788 The Limits of Executive Power
- “Publius,” The Federalist LXX [Alexander Hamilton], March 15, 1788 Executive Energy: Is It Necessary? Safe?
- Comte de Moustier to Comte de Montmorin, March 16, 1788 On the Difficulty of Judging What the Outcome Will Be
- “Publius,” The Federalist LXXI [Alexander Hamilton], March 18, 1788 On the Length of the President’s Term
- “Publius,” The Federalist LXXII [Alexander Hamilton], March 19, 1788 Should the President Be Eligible for Reelection?
- “A Freeman” to the Freeholders and Freemen of Rhode Island, March 20, 1788 The British and American Constitutions Contrasted
- “Brutus” XV, March 20, 1788 The Supreme Court: “No Power Above Them That Can Controul Their Decisions, or Correct Their Errors”
- “Publius,” The Federalist LXXIV [Alexander Hamilton], March 25, 1788 The President’s Pardoning Power: To “Restore the Tranquility of the Commonwealth”
- James Madison to Eliza House Trist, March 25, 1788 Madison’s First “Harangue … In the Open Air”
- “Publius,” The Federalist LXXV [Alexander Hamilton], March 26, 1788 Why Both the President and the Senate Have Treaty-Making Power
- “Publius,” The Federalist LXXVI [Alexander Hamilton], April 1, 1788 On Executive Appointments: Why the President and the Senate Together?
- “Publius,” The Federalist LXXVII [Alexander Hamilton], April 2, 1788 Executive Powers: Energy and Safety Combined
- “K.” [Benjamin Franklin] to the Editor, April 8, 1788 The Antifederalists Compared with the Ancient Jews as Rejectors of Divine Constitutions
- “To Be or Not To Be? Is the Question,” April 16, 1788
- “Fabius” [John Dickinson], “Observations on the Constitution Proposed by the Federal Convention” III, April 17, 1788 Freedom and Society: On the Necessity of Sacrificing Separate Rights for the Good of All
- “Plough Jogger,” April 17, 1788 Too Little Virtue for a Mild Government
- Benjamin Rush to David Ramsay, April 19, 1788 Against Simple Democracies and Bills of Rights: Only Representation and Checks Can Guarantee Liberty
- George Washington to John Armstrong, April 25, 1788 On Amendments and the Value of a Formidable Opposition
- “Fabius” [John Dickinson], “Observations on the Constitution Proposed by the Federal Convention” VIII, April 29, 1788 On the Safety of an Extensive Republican Empire
- A Grand Procession in Honor of Ratification, May 6, 1788 “The Most Interesting Scene Ever Exhibited in this Part of the World”
- J. Hector St. John Cr|$$|Agevecoeur to Comte de la Luzerne, May 16, 1788 Dismal Prospects for the New Union
- James Madison to George Nicholas, May 17, 1788 The Constitution and the Development of the American West
- “An American” [Tench Coxe], May 21, 1788 Virginia’s Power Under the Constitution and the Dangers of Failing to Ratify: Advice from a Respectful Countryman
- Richard Henry Lee to Edmund Pendleton, May 26, 1788 To Guarantee Essential Rights: A Scheme for Amending the Constitution
- “Publius,” The Federalist LXXVIII [Alexander Hamilton], May 28, 1788 On the Independence of Judges and Judicial Review
- “Publius,” The Federalist LXXX [Alexander Hamilton], May 28, 1788 On the Bounds and Jurisdiction of the Federal Courts
- “Publius,” The Federalist LXXXI [Alexander Hamilton], May 28, 1788 On the Supposed Danger of the Supreme Court Legislating and Becoming “Uncontrolable and Remediless”
- “Publius,” The Federalist LXXXII [Alexander Hamilton], May 28, 1788 State and Federal Courts: Concurrent Jurisdictions?
- “Publius,” The Federalist LXXXV [Alexander Hamilton], May 28, 1788 Some Final Thoughts
- David Ramsay’s Oration at Charleston, South Carolina, delivered May 27, 1788, printed June 5, 1788 “Heaven Smiled on Their Deliberations, and Inspired Their Councils with a Spirit of Conciliation”
- Simeon Baldwin’s Oration at New Haven, July 4, 1788 “This Monument of Wisdom … the Foundation of a Glorious Empire”
- “Phocion,” July 17, 1788 On the Economic Advantages of Union: Providence Will Be Another Antwerp, Newport Another Brest
- “Solon, Junior” [David Howell], August 9, 1788 The Spirit of the Times: Greater Than Laws and Constitutions
- The Ratifications and Resolutions of Seven State Conventions, February 6-August 2, 1788 Principles Affirmed and Amendments Proposed
DEBATES IN THE STATE RATIFYING CONVENTIONS
- South Carolina Ratifying Convention, May 12-24, 1788
  - Charles Cotesworth Pinckney Explains America’s Unique Structure of Freedom, May 14, 1788
  - Patrick Dollard Fears a Corrupt, Despotic Aristocracy
- Virginia Ratifying Convention, June 2-27, 1788
  - Patrick Henry’s Opening Speech: A Wrong Step Now and the Republic Will Be Lost Forever, June 4, 1788
  - Governor Edmund Randolph Explains Why He Now Supports the Constitution with Amendments, June 4, 1788
  - George Mason Fears for the Rights of the People, June 4, 1788
  - James Madison Replies to Patrick Henry, Defending the Taxing Power and Explaining Federalism, June 6, 1788
  - Patrick Henry Replies to Governor Randolph, June 7, 1788
  - Henry Lee’s Sharp Reply to Patrick Henry’s Attacks on the Constitution, June 9, 1788
  - James Madison on Direct Taxation by the Federal Government, June 11, 1788
  - James Madison on Concurrent Taxation and the Future of the American West, June 12, 1788
  - Patrick Henry Elaborates His Main Objections, and James Madison Responds, June 12, 1788
  - James Monroe Questions James Madison on Congressional Control of Elections to the House and Senate, June 14, 1788
  - Patrick Henry’s Objections to a National Army and James Madison’s Reply, June 16, 1788
  - Patrick Henry and James Madison Debate Constructive Rights and the Uses of the Militia, June 16, 1788
  - George Mason and James Madison Debate the Slave-Trade Clause, June 17, 1788
  - Governor Edmund Randolph on the “Necessary and Proper” Clause, Implied Powers, and Bills of Rights, June 17, 1788
  - George Mason on the President: He Will Serve for Life and Be Corrupted by Foreign Powers, June 17, 1788
  - George Mason Fears the Power of the Federal Courts: What Will Be Left to the States? June 19, 1788
  - John Marshall on the Fairness and Jurisdiction of the Federal Courts, June 20, 1788
  - John Dawson’s Fears for the Future, June 24, 1788
  - Zachariah Johnston, “of the Middle Rank,” Favors Ratification Without Previous Amendments, June 25, 1788
- New York Ratifying Convention, June 17-July 26, 1788
  - Melancton Smith and Alexander Hamilton Debate Representation, Aristocracy, and Interests, June 21, 1788
  - Robert R. Livingston, Melancton Smith, and John Jay Debate Aristocracy, Representation, and Corruption, June 23, 1788
  - Gilbert Livingston Warns Against Giving the Senate Power Too Profusely, June 24, 1788
  - Robert R. Livingston Replies to Gilbert Livingston’s “Dreamings of a Distempered Fancy,” June 24, 1788
  - Alexander Hamilton Defends the Senate: A Small, Independent, Discerning Body to Check the Passions of the People, June 24, 1788
  - Melancton Smith and Alexander Hamilton Debate Rotation in the Senate, June 25, 1788
  - Melancton Smith Fears the Federal Taxing Power and the Capacity of Any Free Government to Rule So Vast a Nation, June 27, 1788
  - Melancton Smith Writes to Nathan Dane, Reconsidering His Position on Ratification and Amendments, June 28, 1788
  - Alexander Hamilton Discusses Federal Taxation and Denies
  - That His Views Are Influenced by Personal Ambition, June 28, 1788
  - Robert R. Livingston Compares Antifederalists to “Children Making Bubbles with a Pipe,” July 1, 1788
  - Melancton Smith Mocks Robert R. Livingston’s “Comic Talents” and Replies to His “Misrepresentation,” July 2, 1788
  - Nathan Dane Writes to Melancton Smith, Recommending That New York Unconditionally Ratify, July 3, 1788
  - Melancton Smith Replies to Nathan Dane, Agreeing with His Arguments, c. July 15, 1788
  - Melancton Smith Speaks in Support of Ratification Without Condition, July 23, 1788
- North Carolina Ratifying Convention, July 21-August 4, 1788
  - Five Speakers Debate Congressional Control of Congressional Elections, July 25, 1788
  - The Debate on Congressional Elections Continued: Britain and America Contrasted, July 25, 1788
  - James Iredell on the Necessity for a Peacetime Army, July 26, 1788
  - James Iredell on the Presidency, Spies, the Pardoning Power, and Impeachment, July 28, 1788
  - Samuel Spencer Objects to the Powers of the Senate and Fears It Will Control the President, July 28, 1788
  - James Iredell on Impeachment: “It Must Be for an Error of the Heart, and Not of the Head,” July 28, 1788
  - Samuel Spencer and William R. Davie Debate the Need for a Bill of Rights and the Jurisdiction of the Federal Courts, July 29, 1788
  - Andrew Bass Thinks the Constitution Is “Uncommonly Difficult, or Absolutely Unintelligible”; Maclaine and Iredell Respond, July 29, 1788
  - James Iredell and Timothy Bloodworth Debate the Supremacy of the Constitution and of Federal Law, July 29, 1788
  - Henry Abbot and James Iredell Debate the Ban on Religious Tests: Could Not the Pope Be President? July 30, 1788
  - Rev. David Caldwell and Samuel Spencer Continue the Debate on Religious Toleration, July 30, 1788
  - James Iredell Urges Ratification, and a Vote Is Taken, July 30, 1788
APPENDIX
- The Declaration of Independence
- The Articles of Confederation
- Letter from the Constitutional Convention to the President of Congress
- Resolutions of the Convention Concerning the Ratification and Implementation of the Constitution
- The Constitution
Biographical Notes
Chronology of Events 1774-1804
Notes on State Constitutions, 1776-90
Note on the Texts
Notes
Index
Contributors

Henry Abbot
Simeon Baldwin
Nathaniel Barrell
Andrew Bass
Timothy Bloodworth
Samuel Bryan
David Caldwell
Tench Coxe
J. Hector St. John Crèvecoeur
Nathan Dane
John Dawson
John Dickinson
Patrick Dollard
Benjamin Franklin
Alexander Hamilton
Patrick Henry
Jeremiah Hill
Francis Hopkinson
David Howell
Harry Innes
James Iredell
John Jay
Thomas Jefferson
Zachariah Johnston
Henry Knox
John Lansing Jr.
Henry Lee
Richard Henry Lee
Hugh Leslie
Gilbert Livingston
Robert R. Livingston
Rawlins Lowndes
James Madison
John Marshall
George Mason
Elénore-François-Elie, Comte de Moustier
John Page
Charles Cotesworth Pinckney
David Ramsay
Edmund Randolph
Benjamin Rush
Edward Rutledge
Melancton Smith
Joseph Spencer
Samuel Spencer
John Stevens Jr.
Mercy Otis Warren
George Washington
Noah Webster
John Williams
William Williams
Hugh Williamson
James Winthrop
Robert Yates

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