Complete Works. Lysander Spooner
also addressed a “Circular Letter” to the governors of all the other States, the first two paragraphs of which are as follows:
The Circular Letter, From the Convention of the State of New York to the Governors of the several States in the Union.
Poughkeepsie, July 28, 1788 .
Sir,
We, the members of the Convention of this State, have deliberately and maturely considered the Constitution proposed for the United States. Several articles in it appear so exceptionable to a majority of us, that nothing but the fullest confidence of obtaining a revision of them by a general convention, and an invincible reluctance to separating from our sister States, could have prevailed upon a sufficient number to ratify it, without stipulating for previous amendments. We all unite in opinion, that such a revision will be necessary to recommend it to the approbation and support of a numerous body of our constituents.
We observe that amendments have been proposed, and are anxiously desired, by several of the States, as well as by this; and we think it of great importance that effectual measures be immediately taken for calling a convention, to meet at a period not far remote; for we are convinced that the apprehensions and discontents, which those articles occasion, cannot be removed or allayed, unless an act to provide for it be among the first that shall be passed by the new congress.—Elliot’s Debates, Vol. 2, p. 413.
In the Maryland convention, numerous amendments were proposed, and thirteen were agreed to; “most of them by a unanimous vote, and all by a great majority.” Fifteen others were proposed, but there was so much disagreement in regard to them, that none at all were formally recommended to congress. But, says Elliot:
All the members, who voted for the ratification [of the constitution], declared that they would engage themselves, under every tie of honor, to support the amendments they had agreed to, both in their public and private characters, until they should become a part of the general government.—Elliot’s Debates, Vol. 2, pp. 550, 552-3.
The first North Carolina convention refused to ratify the constitution, and
Resolved, That a declaration of rights, asserting and securing from encroachments the great principles of civil and religious liberty, and the inalienable rights of the people, together with amendments to the most ambiguous and exceptionable parts of the said constitution of government, ought to be laid before congress, and the convention of States that shall or may be called for the purpose of amending the said Constitution, for their consideration, previous to the ratification of the Constitution aforesaid, on the part of the State of North Carolina.—Elliot’s Debates, Vol. 1, p. 332.
The South Carolina convention, that ratified the constitution, proposed certain amendments, and
Resolved, That it be a standing instruction to all such delegates as may hereafter be elected to represent this State in the General Government, to exert their utmost abilities and influence to effect an alteration of the Constitution, conformably to the foregoing resolutions.—Elliot’s Debates, Vol. 1. p. 325.
In the Pennsylvania convention, numerous objections were made to the constitution, but it does not appear that the convention, as a convention, recommended any specific amendments. But a strong movement, outside of the convention, was afterwards made in favor of such amendments. (“Elliot’s Debates,” Vol. 2, p. 542.)
Of the debates in the Connecticut convention, Elliot gives only what he calls “A Fragment.”
Of the debates in the conventions of New Jersey, Delaware, and Georgia, Elliot gives no accounts at all.
I therefore cannot state the grounds, on which the adoption of the constitution was opposed. They were doubtless very similar to those in the other States. This is rendered morally certain by the fact, that the amendments, soon afterwards proposed by congress, were immediately ratified by all the States. Also by the further fact, that these States, by reason of the smallness of their representation in the popular branch of congress, would naturally be even more jealous of their rights, than the people of the larger States.
It is especially worthy of notice that, in some, if not in all, the conventions that ratified the constitution, although the ratification was accompanied by such urgent recommendations of amendments, and by an almost absolute assurance that they would be made, it was nevertheless secured only by very small majorities.
Thus in Virginia, the vote was only 89 ayes to 79 nays. (Elliot, Vol. 3, p. 654.)
In Massachusetts, the ratification was secured only by a vote of 187 yeas to 168 nays. (Elliot, Vol. 2, p. 181.)
In New York, the vote was only 30 yeas to 27 nays. (Elliot, Vol. 2, p. 413.)
In New Hampshire and Rhode Island, neither the yeas nor nays are given. (Elliot, Vol. 1, pp. 327-335.)
In Connecticut, the yeas were 128; nays not given. (Elliot, Vol. 1, p. 321-2.)
In New Jersey, the yeas were 38; nays not given. (Elliot, Vol. 1, p. 321.)
In Pennsylvania, the yeas were 46; the nays not given. (Elliot, Vol. 1, p. 320.)
In Delaware, the yeas were 30; nays not given. (Elliot, Vol. 1, p. 319.)
In Maryland, the vote was 57 yeas; nays not given. (Elliot, Vol. 1, p. 325.)
In North Carolina, neither the yeas nor nays are given. (Elliot, Vol. 1, p. 333.)
In South Carolina, neither the yeas nor nays are given. (Elliot, Vol. 1, p. 325.)
In Georgia, the yeas were 26; nays not given. (Elliot, Vol. 1, p. 324.)
We can thus see by what meagre votes the constitution was adopted. We can also see that, but for the prospect that important amendments would be made, specially for securing the natural rights of the people, the constitution would have been spurned with contempt, as it deserved to be.
And yet now, owing to the usurpations of lawmakers and courts, the original constitution—with the worst possible construction put upon it—has been carried into effect; and the amendments have been simply cast into the waste baskets.
Marshall was thirty-six years old, when these amendments became a part of the constitution in 1791. Ten years after, in 1801, he became Chief Justice. It then became his sworn constitutional duty to scrutinize severely every act of congress, and to condemn, as unconstitutional, all that should violate any of these natural rights. Yet he appears never to have thought of the matter afterwards. Or, rather, this ninth amendment, the most important of all, seems to have been so utterly antagonistic to all his ideas of government, that he chose to ignore it altogether, and, as far as he could, to bury it out of sight.
Instead of recognizing it as an absolute guaranty of all the natural rights of the people, he chose to assume—for it was all a mere assumption, a mere making a constitution out of his own head, to suit himself—that the people had all voluntarily “come into society,” and had voluntarily “surrendered” to “society” all their natural rights, of every name and nature—trusting that they would be secured; and that now, “society,” having thus got possession of all these natural rights of the people, had the “unquestionable right” to dispose of them, at the pleasure—or, as he would say, according to the “wisdom and discretion”—of a few contemptible, detestable, and irresponsible lawmakers, whom the constitution (thus amended) had forbidden to dispose of any one of them.
If, now, Marshall did not see, in this amendment, any legal force or authority, what becomes of his reputation as a constitutional lawyer? If he did see this force and authority, but chose to trample them under his feet, he was a perjured tyrant and traitor.
What, also, are we to think of all the judges,—forty in all,—his associates and successors, who, for eighty years, have been telling the people that the government has all power, and the people no rights? Have they all been mere blockheads, who never read this amendment, or knew nothing of its meaning? Or have they, too, been perjured tyrants and traitors?
What, too, becomes of those great constitutional