Elbridge Gerry’s Objections (Letter to Massachusetts Legislature)

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I have the honour to inclose, pursuant to my commission, the constitution proposed by the Federal Convention

To this system I give my dissent, and shall submit my objections to the honourable Legislature.

It was painful to me, on a subject of such national importance, to differ from the respectable members who signed the constitution: But conceiving as I did, that the liberties of America were not secured by the system, it was my duty to oppose it.—

My principal objections to the plan are that there is no adequate provision for a representation of the people—that they have no security for the right of election—that some of the powers of the Legislature are ambiguous and others are indefinite and dangerous—that the Executive is blended with and will have an undue influence over the Legislature—that the judicial department will be oppressive—that treaties of the highest importance may be formed by the President with the advice of two thirds of a quorum of the Senate—and that the system is without the security of a bill of rights. These are objections which are not local but apply equally to all the States.

As the convention was called for the sole and express purpose of revising the Articles of Confederation, and reporting to Congress and the several Legislatures such alterations and provisions as shall render the Federal Constitution adequate to the exigencies of government and the preservation of the union,

I did not conceive that these powers extended to the formation of the plan proposed, but the Convention being of a different opinion, I acquiesced in it, being fully convinced that to preserve the union, an efficient government was indispensibly necessary; and that it would be difficult to make proper amendments to the articles of Confederation.

The Constitution proposed has few, if any federal features, but is rather a system of national government: Nevertheless, in many respects I think it has great merit, and by proper amendments may be adapted to the “exigencies of government and the preservation of liberty”

The question on this plan involves others of the highest importance—1st. whether there shall be a dissolution of the federal government 2dly, Whether the several State Government shall be so altered, as in effect to be dissolved; and 3dly. Whether in lieu of the federal and … proposed shall be instituted without amendments: Never perhaps were a people called on to decide a question of greater magnitude—Should the citizens of America adopt the plan as it now stands, their liberties may be lost: Or should they reject it altogether, Anarchy may ensue. It is evident therefore, that the subject should be well understood, lest they should refuse to support the government, after having hastily accepted it.

If those who are in favor of the Constitution, as well as those who are against it, should preserve moderation, their discussions may afford much information and finally direct to an happy issue. It may be urged by some that an implicit confidence should be placed in the Convention: But, however respectable the members mey be who signed the Constitution, it must be admitted, that a free people are the proper guardians of their rights and liberties—that the greatest men may err—and that their errors are sometimes of the greatest magnitude. Others may suppose, that the Constitution may be safely adopted, because therin provision is made to amend it: But cannot this object be better attained before a ratification, than after it? And should a free people adopt a form of Government, under the conviction that it wants amendment? And some may conceive, that if the plan is not accepted by the people, they will not unite in another: But surely whilst they have the power to amend , they are not under the necessity of rejecting it.

I have been detained here longer than I expected, but shall leave this place in a day or two for Massachusetts, and on my arrival shall submit the reasons (if required by the Legislature) on which my objections are grounded.

I shall only add, that as the welfare of the union requires a better Constitution than the Confederation, I shall think it my duty as a citizen of Massachusetts, to support that which shall be finally adopted, sincerely hoping it will secure the liberty and happiness of America.

I have the honor to be, Gentlemen, with the highest respect for the honourable Legislature and yourselves, your most obedient, and very humble servant.

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