: Observations on the new constitution and on the Federal and State conventions by a Columbian patriot by Warren Mercy Otis Towner Lawrence W Lawrence William Author Of Introduction Etc Gerry Elbridge Dubious Author - Constitutional history United States; Un

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Commentator: Lawrence W. Towner

Release date: January 5, 2024

Original publication: Boston: The Old South Association, 1955

Old South Leaflets

Copyright 1955 by the Old South Association. Reproduction permitted to all who give credit to the Association.

This pamphlet, first printed in Boston shortly after Massachusetts ratified the Federal Constitution on February 6, 1788, achieved its largest circulation in New York where it was issued both in pamphlet form and in a newspaper series during the spring of that year. At the time of publication the Anti-Federalist cause still seemed hopeful, for despite the fact that Massachusetts was the sixth state to ratify , the approval of three more states was required before the Constitution would become operative. Even when Maryland, South Carolina, and New Hampshire would make the total nine , no continental government could be effective without Virginia and New York, where strong opposition existed .

For many years this pamphlet was attributed to a leading Anti-Federalist, Elbridge Gerry. However, the publication of Mercy Otis Warren's statement of authorship in a letter of May, 1788, and evidence within the work that she was its author and Gerry was not, would seem to indicate that she should be given the honors.

Observations on The New Constitution

Maryland, who has no local interest to lead her to adopt, will doubtless reject the system--I hope the same characters still live, and that same spirit which dictated to them a wise and cautious care, against sudden revolutions in government, and made them the last State that acceded to the independence of America, will lead them to support what they so deliberately claimed.--Georgia apprehensive of a war with the Savages, has acceded in order to insure protection.--Pennsylvania has struggled through much in the same manner, as the Massachusetts, against the manly feelings, and the masterly reasonings of a very respectable part of the Convention: They have adopted the system, and seen some of its authors burnt in effigy--their towns thrown into riot and confusion, and the minds of the people agitated by apprehension and discord.

New Jersey and Delaware have united in the measure, from the locality of their situation, and the selfish motives which too generally govern mankind; the Federal City, and the seat of government, will naturally attract the intercourse of strangers--the youth of enterprize, and the wealth of the nation to the central States.

Connecticut has pushed it through with the precipitation of her neighbour, with few dissentient voices;--but more from irritation and resentment to a sister State, perhaps partiality to herself in her commercial regulations, than from a comprehensive view of the system, as a regard to the welfare of all.--But New York has motives, that will undoubtedly lead her to rejection, without being afraid to appeal to the understanding of mankind, to justify the grounds of their refusal to adopt a Constitution, that even the framers dare not to risque to the hazard of revision, amendment, or reconsideration, least the whole superstructure should be demolished by more skilful and discreet architects.--I know not what part the Carolinas will take; but I hope their determinations will comport with the dignity and freedom of this country--their decisions will have great weight in the scale.--But equally important are the small States of New Hampshire and Rhode Island:--New York, the Carolinas, Virginia, Maryland, and these two lesser States may yet support the liberties of the Continent; if they refuse a ratification or postpone their proceedings till the spirits of the community have time to cool, there is little doubt but the wise measure of another federal convention will be adopted, when the members would have the advantage of viewing, at large, through the medium of truth, the objections that have been made from various quarters; such a measure might be attended with the most salutary effects, and prevent the dread consequences of civil feuds.--But even if some of those large states should hastily accede, yet we have frequently seen in the story of revolution, relief spring from a quarter least expected.

It is true this country lately armed in opposition to regal despotism--impoverished by the expences of a long war, and unable immediately to fulfil their public or private engagements that appeared in some instances, with a boldness of spirit that seemed to set at defiance all authority, government, or order, on the one hand; while on the other, there has been, not only a secret wish, but an open avowal of the necessity of drawing the reins of government much too taut, not only for a republicanism, but for a wise and limited monarchy.--But the character of this people is not averse to a degree of subordination, the truth of this appears from the easy restoration of tranquility, after a dangerous insurrection in one of the states; this also evinces a little necessity of a complete revolution of government throughout the union. But it is a republican principle that the majority should rule; and if a spirit of moderation should be cultivated on both sides, till the voice of the people at large could be fairly heard it should be held sacred.--And if, on such a scrutiny, the proposed constitution should appear repugnant to their character and wishes; if they, in the language of a late elegant pen, should acknowledge that "no confusion in my mind, is more terrible to them than the stern disciplined regularity and vaunted police of arbitrary governments, where every heart is depraved by fear, where mankind dare not assume their natural characters, where the free spirit must crouch to the slave in office, where genius must repress her effusions, or like the Egyptian worshippers, offer them in sacrifice to the calves in power, and where the human mind, always in shackles, shrinks from every generous effort." Who would then have the effrontery to say, it ought not to be thrown out with indignation, however some respectable names have appeared to support it.--But if after all, on a dispassionate and fair discussion, the people generally give their voice for a voluntary dereliction of their privileges, let every individual who chooses the active scenes of life, strive to support the peace and unanimity of his country, though every other blessing may expire--And while the statesman is plodding for power, and the courtier practising the arts of dissimulation without check--while the rapacious are growing rich by oppression, and fortune throwing her gifts into the lap of fools, let the sublimer characters, the philosophic lovers of freedom who have wept over her exit, retire to the calm shades of contemplation, there they may look down with pity on the inconsistency of human nature, the revolutions of states, the rise of kingdoms, and the fall of empires.

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