WRITTEN AFTER THE ADJOURNMENT OF THE FEDERAL CONVENTION.
TO GENERAL WASHINGTON.
New York, September 30, 1787.
Dear Sir,—I found, on my arrival here, that certain ideas, unfavorable to the act of the Convention,, which had created difficulties in that body, had made their way into Congress. They were patronized chiefly by Mr. R. H. Lee, and Mr. Dane, of Massachusetts. It was first urged, that, as the new Constitution was more than an alteration of the Articles of Confederation, under which Congress acted, and ever, subverted those Articles altogether, there was a constitutional impropriety in their taking any positive agency in the work. The answer given was, that the resolution of Congress in February had recommended the Convention as the best means of obtaining a firm national government; that, as the powers of the Convention were defined, by their commissions, in nearly the same terms with the powers of Congress given by the Confederation on the subject of alterations. Congress were not more restrained from acceding to the new plan, than the Convention were from proposing it. If the plan was within the powers of the Convention, it was within those of Congress; if beyond those powers, the same necessity which justified the Convention would justify Congress; and a failure of Congress to concur in what was done would imply, either that the Convention had done wrong in exceeding their powers, or that the government proposed was in itself liable to insuperable objections; that such an inference would be the more natural, as Congress had never scrupled to recommend measures foreign to their constitutional functions, whenever the public good seemed to require it; and had in several instances, particularly in the establishment of the new western governments, exercised assumed powers of a very high and delicate nature, under motives infinitely less urgent than the present state of our affairs, if any faith were due to the representations made by Congress themselves, echoed by twelve states in the Union, and confirmed by the general voice of the people. An attempt was made, in the next place, by R. H. L., to amend the act of the Convention before it should go forth from Congress. He proposed a Bill of Rights, provision for juries in civil cases, and several other things corresponding with the ideas of Col. Mason. He was supported by Mr. Melancton Smith, of this state. It was contended, that Congress had an undoubted right to insert amendments, and that it was their duty to make use of it in a case where the essential guards of liberty had been omitted. On the other side, the right of Congress was not denied, but the inexpediency of exerting it was urged on the following grounds;—first, that every circumstance indicated that the introduction of Congress as a party to the reform was intended by the states merely as a matter of form and respect; secondly, that it was evident, from the contradictory objections which had been expressed by the different members who had animadverted on the plan, that a discussion of its merits would consume much time, without producing agreement even among its adversaries; thirdly, that it was clearly the intention of the states that the plan to be proposed should be the act of the Convention, with the assent of Congress, which could not be the case, if alterations were made, the Convention being no longer in existence to adopt them; fourthly, that as the act of the Convention, when altered, would instantly become the mere act of Congress, and must be proposed by them as such, and of course be addressed to the legislatures, not conventions of the states, and require the
