Elliot’s Debates: Volume 1
John Jay’s Address on the Proposed Federal Constitution to the People of New York
ADDRESS TO THE PEOPLE OF THE STATE
OF NEW YORK,
ON THE SUBJECT OF THE PROPOSED FEDERAL CONSTITUTION,
By The Hon. JOHN JAY,
MINISTER FOR FOREIGN AFFAIRS TO THE UNITED STATES
IN CONGRESS ASSEMBLED.
Friends and Fellow-Citizens: The Convention concurred in opinion with the people, that a national government, competent to every national object, was indispensably necessary; and it was as plain to them, as it now is to all America, that the present Confederation does not provide for such a government. These points being agreed, they proceeded to consider how and in what manner such a government could be formed, as, on the one hand, should be sufficiently energetic to raise us from our prostrate and distressed situation, and, on the other, be perfectly consistent with the liberties of the people of every state. Like men to whom the experience of other ages and countries had taught wisdom, they not only determined that it should be erected by, and depend on, the people, but, remembering the many instances in which governments vested solely in one man, or one body of men, had degenerated into tyrannies, they judged it most prudent that the three great branches of power should be committed to different hands, and therefore that the executive should be separated from the legislative, and the judicial from both. Thus far the propriety of their work is easily seen and understood, and therefore is thus far almost universally approved; for no one man or thing under the sun ever yet pleased every body.
The next question was, what particular powers should be given to these three branches. Here the different views and interests of the different states, as well as the different abstract opinions of their members on such points, interposed many difficulties. Here the business became complicated, and presented a wide field for investigationtoo wide for every eye to take a quick and comprehensive view of it.
It is said that “in a multitude of counsellors there is safety,” because, in the first place, there is greater security for probity; and in the next, if every member cast in only his mite of information and argument, their joint stock of both will thereby become greater than the stock possessed by any one single man out of doors. Gentlemen out of doors, therefore, should not be hasty in condemning a system which probably rests on more good reasons than they are aware of, especially when formed under such advantages, and recommended by so many men of distinguished worth and abilities.
The difficulties before mentioned occupied the Convention a long time; and it was not without mutual concessions that they were at last surmounted. These concessions serve to explain to us the reason why some parts of the system please in some states which displease in others, and why many of the objections which have been made to it are so contradictory and inconsistent with one another. It does great credit to the temper and talents of the Convention, that they were able so to reconcile the different views and interests of the different states, and the clashing opinions of their members, as to unite with such singular and almost perfect unanimity in any plan whatever, on a subject so intricate and perplexed. It shows that it must have been thoroughly discussed and understood; and probably, if the community at large had the same lights and reasons before them, they would, if equally candid and uninfluenced, be equally unanimous.
It would be arduous, and indeed impossible, to comprise within the limits of this address a full discussion of every part of the plan. Such a task would require a volume; and few men have leisure or inclination to read volumes on any subject. The objections made to it are almost without number, and many of them without reason. Some of them are real and honest, and others merely ostensible. There are friends to union and a national government who have serious doubts, who wish to be informed, and to be convinced; and there are others, who, neither wishing for union nor any national government at all, will oppose and object to any plan that can be contrived.
We are told, among other strange things, that the liberty of the press is left insecure by the proposed Constitution; and yet that Constitution says neither more nor less about it than the Constitution of the state of New York does. We are told that it deprives us of trial by jury; whereas the fact is, that it expressly secures it in certain cases, and takes it away in none. It is absurd to construe the silence of this, or of our own Constitution, relative to a great number of our rights, into a total extinction of them. Silence and blank paper neither grant nor take away any thing. Complaints are also made that the proposed Constitution is not accompanied by a bill of rights; and yet they who make these complaints know, and are content, that no bill of rights accompanied the Constitution of this state. In days and countries where monarchs and their subjects were frequently disputing about prerogative and privileges, the latter then found it necessary, as it were, to run out the line between them, and oblige the former to admit, by solemn acts, called bills of rights, that certain enumerated rights belonged to the people, and were not comprehended in the royal prerogative. But, thank God, we have no such disputes; we have no monarchs to contend with, or demand admissions from. The proposed government is to be the government of the people: all its officers are to be their officers, and to exercise no rights but such as the people commit to them. The Constitution only serves to point out that part of the peoples business, which they think proper by it to refer to the management of the persons therein designated: those persons are to receive that business to manage, not for themselves, and as their own, but as agents and overseers for the people, to whom they are constantly responsible, and by whom only they are to be appointed.
But the design of this address is not to investigate the merits of the plan, nor of the objections made to it. They who seriously contemplate the present state of our affairs, will be convinced that other considerations, of at least equal importance, demand their attention. Let it be admitted that this plan, like every thing else devised by man, has its imperfections. That it does not please every body, is certain; and there is little reason to expect one that will. It is a question of great moment to you, whether the probability of our being able seasonably to obtain a better, is such as to render it prudent and advisable to reject this, and run the risk. Candidly to consider this question, is the design of this address.
As the importance of this question must be obvious to every man, whatever his private opinions respecting it may be, it becomes us all to treat it in that calm and temperate manner which a subject so deeply interesting to the future welfare of our country, and prosperity, requires. Let us, therefore, as much as possible, repress and compose that irritation in our minds which too warm disputes about it may have excited. Let us endeavor to forget that this or that man is on this or that side; and that we ourselves, perhaps without sufficient reflection, have classed ourself with one or the other party. Let us remember that this is not to be regarded as a matter that only touches our local parties, but as one so great, so general, and so extensive, in its future consequence to America, that, for our deciding upon it according to the best of our unbiased judgment, we must be highly responsible both here and hereafter.
The question now before us naturally leads to three inquiries:
1. Whether it is probable that a better plan can be obtained.
2. Whether, if attainable, it is likely to be in season.
3. What would be our situation if, after rejecting this, all our efforts to obtain a better should prove fruitless.
The men who formed this plan are Americans, who had long deserved and enjoyed our confidence, and who are as much interested in having a good government as any of us are or can be. They were appointed to that business at a time when the states had become very sensible of the derangement of our national affairs, and of the impossibility of retrieving them under the existing Confederation. Although well persuaded that nothing but a good national government could oppose and divert the tide of evils that was flowing in upon us, yet those gentlemen met in Convention with minds perfectly unprejudiced in favor of any particular plan. The minds of their constituents were at that time equally cool and dispassionate. All agreed in the necessity of doing something; but no one ventured to say decidedly what precisely ought to be done. Opinions were then fluctuating and unfixed; and whatever might have been the wishes of a few individuals, yet while the Convention deliberated, the people remained in silent suspense. Neither wedded to favorite systems of their own, nor influenced by popular ones abroad, the members were more desirous to receive light from, than to impress their private sentiments on, one another.
These circumstances naturally opened the door to that spirit of candor, of calm inquiry, of mutual accommodation, and mutual respect, which entered into the Convention with them, and regulated their debates and proceedings.
The impossibility of agreeing upon any plan, that would exactly quadrate with the local policy and objects of every state, soon became evident; and they wisely thought it better mutually to coincide and accommodate, and in that way to fashion their system as much as possible by the circumstances and wishes of the different states, than, by pertinaciously adhering each to his own ideas, oblige the Convention to rise without doing any thing. They were sensible that obstacles, arising from local circumstances, would not cease while those circumstances continued to exist; and, so far as those circumstances depended on differences of climate, productions, and commerce, that no change was to be expected. They were likewise sensible that, on a subject so comprehensive, and involving such a variety of points and questions, the most able, the most candid, and the most honest men will differ in opinion. The same proposition seldom strikes many minds exactly in the same point of light. Different habits of thinking, different degrees and modes of education, different prejudices and opinions, early formed and long entertained, conspire, with a multitude of other circumstances, to produce among men a diversity and contrariety of opinions on questions of difficulty. Liberality, therefore, as well as prudence, induced them to treat each others opinions with tenderness; to argue without asperity; and to endeavor to convince the judgment, without hurting the feelings, of each other. Although many weeks were passed in these discussions, some points remained on which a unison of opinions could not be effected. Here, again, that same happy disposition to unite and conciliate induced them to meet each other; and enabled them, by mutual concessions, finally to complete and agree to the plan they have recommended, and that, too, with a degree of unanimity which, considering the variety of discordant views and ideas they had to reconcile, is really astonishing.
They tell us, very honestly, that this plan is the result of accommodation. They do not hold it up as the best of all possible ones, but only as the best which they could unite in and agree to. If such men, appointed and meeting under such auspicious circumstances, and so sincerely disposed to conciliation, could go no farther in their endeavors to please every state and every body, what reason have we, at present, to expect any system that would give more general satisfaction?
Suppose this plan to be rejected; what measures would you propose for obtaining a better? Some will answer, “Let us appoint another convention; and, as every thing has been said and written that can well be said and written on the subject, they will be better informed than the former one was, and consequently be better able to make and agree upon a more eligible one.”
This reasoning is fair, and, as far as it goes, has weight; but it nevertheless takes one thing for granted which appears very doubtful; for, although the new convention might have more information, and perhaps equal abilities, yet it does not from thence follow that they would be equally disposed to agree. The contrary of this position is most probable. You must have observed that the same temper and equanimity which prevailed among the people on former occasions, no longer exist. We have unhappily become divided into parties; and this important subject has been handled with such indiscreet and offensive acrimony, and with so many little, unhandsome artifices and misrepresentations, that pernicious heats and animosities have been kindled, and spread their flames far and wide among us. When, therefore, it becomes a question who shall be deputed to the new convention, we cannot flatter ourselves that the talents and integrity of the candidates will determine who shall be elected. Federal electors will vote for federal deputies, and anti-federal electors for anti-federal ones. Nor will either party prefer the most moderate of their adherents; for, as the most stanch and active partisans will be the most popular, so the men most willing and able to carry points, to oppose and divide, and embarrass their opponents, will be chosen. A convention formed at such a season, and of such men, would be but too exact an epitome of the great body that named them. The same party views, the same propensity to opposition, the same distrusts and jealousies, and the same unaccommodating spirit, which prevail without, would be concentred and ferment with still greater violence within. Each deputy would recollect who sent him, and why he was sent, and be too apt to consider himself bound in honor to contend and act vigorously under the standard of his party, and not hazard their displeasure by preferring compromise to victory. As vice does not sow the seed of virtue, so neither does passion cultivate the fruits of reason. Suspicions and resentments create no disposition to conciliate; nor do they infuse a desire of making partial and personal objects bend to general union and the common good. The utmost efforts of that excellent disposition were necessary to enable the late Convention to perform their task; and although contrary causes sometimes operate similar effects, yet to expect that discord and animosity should produce the fruits of confidence and agreement, is to expect “grapes from thorns, and figs from thistles.”
The states of Georgia, Delaware, Jersey, and Connecticut, have adopted the present plan with unexampled unanimity. They are content with it as it is; and consequently their deputies, being apprized of the sentiments of their constituents, will be little inclined to make alternations, and cannot be otherwise than averse to changes, which they have no reason to think would be agreeable to their people. Some other states, though less unanimous, have nevertheless adopted it by very respectable majoritiesand for reasons so evidently cogent, that even the minority in one of them have nobly pledged themselves for its promotion and support. From these circumstances, the new convention would derive and experience difficulties unknown to the former. Nor are these the only additional difficulties they would have to encounter. Few are ignorant that there has lately sprung up a sect of politicians who teach, and profess to believe, that the extent of our nation is too great for the superintendence of one national government, and on that principle argue that it ought to be divided into two or three. This doctrine, however mischievous in its tendency and consequences, has its advocates; and, should any of them be sent to the convention, it will naturally be their policy rather to cherish than to prevent divisions; for, well knowing that the institution of any national government would blast their favorite system, no measures that lead to it can meet with their aid or approbation.
Nor can we be certain whether or not any, and what, foreign influence would, on such an occasion, be indirectly exerted, nor for what purposes. Delicacy forbids an ample discussion of this question. Thus much may be said without error or offence, viz.: that such foreign nations as desire the prosperity of America, and would rejoice to see her become great and powerful, under the auspices of a government wisely calculated to extend her commerce, to encourage her navigation and marine, and to direct the whole weight of her power and resources as her interest and honor may require, will doubtless be friendly to the union of states, and to the establishment of a government able to perpetuate, protect, and dignify it. Such other foreign nations, if any such there be, who, jealous of our growing importance, and fearful that our commerce and navigation should impair their own, behold our rapid population with regret, and apprehend that the enterprising spirit of our people, when seconded by power and probability of success, may be directed to objects not consistent with their policy or interests, cannot fail to wish that we may continue a weak and a divided people.
These considerations merit much attention; and candid men will judge how far they render it probable that a new convention would be able either to agree in a better plan, or, with tolerable unanimity, in any plan at all. Any plan, forcibly carried, by a slender majority, must expect numerous opponents among the people, who, especially in their present temper, would be more inclined to reject than adopt any system so made and carried. We should, in such a case, again see the press teeming with publications for and against it; for, as the minority would take pains to justify their dissent, so would the majority be industrious to display the wisdom of their proceedings. Hence new divisions, new parties, and new distractions, would ensue; and no one can foresee or conjecture when or how they would terminate.
Let those who are sanguine in their expectations of a better plan from a new convention, also reflect on the delays and risks to which it would expose us. Let them consider whether we ought, by continuing much longer in our present humiliating condition, to give other nations further time to perfect their restrictive systems of commerce, reconcile their own people to them, and to fence, and guard, and strengthen them by all those regulations and contrivances in which a jealous policy is ever fruitful. Let them consider whether we ought to give further opportunities to discord to alienate the hearts of our citizens from one another, and thereby encourage new Cromwells to bold exploits. Are we certain that our foreign creditors will continue patient, and ready to proportion their forbearance to our delays? Are we sure that our distresses, dissensions, and weakness, will neither invite hostility nor insult? If they should, how ill prepared shall we be for defence, without union, without government, without money, and without credit!
It seems necessary to remind you that some time must yet elapse before all the states will have decided on the present plan. If they reject it, some time must also pass before the measure of a new convention can be brought about and generally agreed to. A further space of time will then be requisite to elect their deputies, and send them on to convention. What time they may expend, when met, cannot be divined; and it is equally uncertain how much time the several states may take to deliberate and decide on any plan they may recommend. If adopted, still a further space of time will be necessary to organize and set it in motion. In the mean time, our affairs are daily going on from bad to worse; and it is not rash to say that our distresses are accumulating like compound interest.
But if, for the reasons already mentioned, and others that we cannot now perceive, the new convention, instead of producing a better plan, should give us only a history of their disputes, or should offer us one still less pleasing than the present, where should we be then? The old Confederation has done its best, and cannot help us; and is now so relaxed and feeble, that, in all probability, it would not survive so violent a shock. Then, “To your tents, O Israel!” would be the word. Then, every band of union would be severed. Then, every state would be a little nation, jealous of its neighbors, and anxious to strengthen itself, by foreign alliances, against its former friends. Then farewell to fraternal affection, unsuspecting intercourse, and mutual participation in commerce, navigation, and citizenship. Then would arise mutual restrictions and fears, mutual garrisons and standing armies, and all those dreadful evils which for so many ages plagued England, Scotland, Wales, and Ireland, while they continued disunited, and were played off against each other.
Consider, then, how weighty and how many considerations advise and persuade the people of America to remain in the safe and easy path of union; to continue to move and act, as they hitherto have done, as a band of brothers; and to have confidence in themselves and in one another; and, since all cannot see with the same eyes, at least to give the proposed Constitution a fair trial, and to mend it as time, occasion, and experience, may dictate. It would little become us to verify the predictions of those who ventured to prophesy that peace, instead of blessing us with happiness and tranquillity, would serve only as the signal for factions, discord, and civil contentions, to rage in our land, and overwhelm it with misery and distress.
Let us also be mindful that the cause of freedom greatly depends on the use we make of the singular opportunities we enjoy of governing ourselves wisely; for, if the event should prove that the people of this country either cannot or will not govern themselves, who will hereafter be advocates for systems which, however charming in theory and prospect, are not reducible to practice? If the people of our nation, instead of consenting to be governed by laws of their own making, and rulers of their own choosing, should let licentiousness, disorder, and confusion, reign over them, the minds of men every where will insensibly become alienated from republican forms, and prepared to prefer and acquiesce in governments which, though less friendly to liberty, afford more peace and security.
Receive this address with the same candor with which it is written; and may the spirit of wisdom and patriotism direct and distinguish your councils and your conduct.
JOHN JAY, a Citizen of New York.