University of Virginia Library

TO GEORGE WASHINGTON.

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 patronised
chiefly by Mr. R. H. L[ee,] and Mr. Dane of Massts.
It was first urged that, as the new Constitution was
more than an alteration of the Articles of Confederation
under which Congress acted, and even 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 Feby. had recommended the Convention
as the best mean 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 & 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 12
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.[2] He
proposed a bill of Rights,—provision for juries in
civil cases, & several other things corresponding with
the ideas of Colonel M[ason.] He was supported by
Mr. M[elancthon] 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 inexpe
diency of exerting it was urged on the following
grounds;—1. 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. 2. 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. 3. 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 altera
tions were made, the Convention being no longer in
existence to adopt them. 4. 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 ratification of thirteen instead of nine
States, and as the unaltered act would go forth to the
States directly from the Convention under the auspices
of that Body,—Some States might ratify the
one & some the other of the plans, and confusion &
disappointment be the least evils that would ensue.
These difficulties which at one time threatened a
serious division in Congs. and popular alterations
with the yeas and nays on the Journals, were at
length fortunately terminated by the following Reso
lution: "Congress having recd. the Report of the
Convention lately assembled in Philada., Resold. unanimously
that the said Report, with the Resolutions &
letter accompanying the same, be transmitted to the
several Legislatures, in order to be submitted to a
Convention of Delegates chosen in each State by the
people thereof, in conformity to the Resolves of the
Convention made & provided in that case." Eleven
States were present, the absent ones, R. I. & Maryland.
A more direct approbation would have been
of advantage in this & some other States, where stress
will be laid on the agency of Congress in the matter,
and a handle be taken by adversaries of any ambiguity
on the subject. With regard to Virginia &
some other States, reserve on the part of Congress
will do no injury. The circumstance of unanimity
must be favorable every where.

The general voice of this City seems to espouse the
new Constitution. It is supposed nevertheless that
the party in power is strongly opposed to it. The
country must finally decide, the sense of which is as
yet wholly unknown. As far as Boston & Connecticut
have been heard from, the first impression seems
to be auspicious. I am waiting with anxiety for the
echo from Virginia, but with very faint hopes of its
corresponding with my wishes.[3]

With every sentiment of respect & esteem, & every
wish for your health & happiness, I am Dear Sir

Your Obedient, humble Servt.

P. S. A small packet of the size 2 Vol 8° addressed
to you lately came to my hands with books of my
own from France. Genl Pinkney has been so good
as to take charge of them. He set out yesterday for
S. Carolina, & means to call at Mount Vernon.