To [George Mason]
New York, October 1st, 1787
Dear Sir,
I have waited until now to answer
your favor of September 10
th from Philadelphia, that I might inform you
how the Convention plan of government was entertained by Congress.
Your prediction of what would happen in Congress
was exactly verified.
It was with us,
as with you, this or nothing; and this urged with a most extreme
intemperance.
The greatness of the
powers given, and the multitude of places to be created produce a coalition of
monarchy men, military men, aristocrats and drones, whose noise, impudence and
zeal exceeds all belief.
Whilst the
commercial plunder of the South stimulates the rapacious trader.
In this state of things the patriot voice is
raised in vain for such changes and securities as reason and experience prove
to be necessary against the encroachments of power upon the indispensable
rights of human nature.
Upon due
consideration of the Constitution under which we now act, some of us were
clearly of opinion that the Thirteenth Article of the Confederation precluded
us from giving an opinion concerning a plan subversive of the present system,
and eventually forming a new Confederacy of nine instead of thirteen
States.
The contrary doctrine was
asserted with great violence in expectation of the strong majority with which
they might send it forward under terms of much approbation.
Having procured an opinion that Congress was
qualified to consider, to amend, to approve or disapprove, the next game was
to determine that though a right to amend existed, it would be highly
inexpedient to exercise that right, but merely to transmit it with respectful
marks of approbation.
In this state of
things I availed myself to the right to amend, and moved the amendments, a
copy of which I send herewith, and called the ayes and nays to fix them on the
journal.
This greatly alarmed the
majority and vexed them extremely; for the plan is to push the business on with
great dispatch, and with as little opposition as possible, that it may be adopted
before it has stood the test of reflection and due examination.
They found it most eligible at last to
transmit it merely, without approving or disapproving, provided nothing but
the transmission should appear on the journal.
This compromise was settled and they took the opportunity of inserting
the word
unanimously, which applies only to simple transmission, hoping
to have it mistaken for an unanimous approbation of the thing.
It states that Congress having received the
Constitution unanimously transmit it, &c.
It is certain that no approbation was given.
This Constitution has a great many excellent
regulations in it, and if it could be reasonably amended would be a fine
system.
As it is, I think ‘tis past
doubt, that if it should be established, either a tyranny will result from it,
or it will be prevented by a civil war.
I am clearly of opinion with you that it should be sent back with
amendments reasonable, and assent to it withheld until such amendments are
admitted.
…
It is certainly the most rash and violent
proceeding in the world to cram thus suddenly into men a business of such
infinite moment to the happiness of millions.
…
I
am, dear sir, affectionately yours.
Suppose when the Assembly
recommended a Convention to consider this new Constitution they were to use
some words like these : It is earnestly recommended to the good people of
Virginia to send their most wise and honest men to this Convention that it may
undergo the most intense consideration before a plan shall be without
amendments adopted that admits of abuses being practised by which the best
interests of this country may be injured, and civil liberty greatly
endangered.
This might perhaps give a decided
tone to the business.
Please to
send my son Ludwell a copy of the amendments proposed by me to the new
Constitution sent herewith.