as to law and
fact, it not only doth, but is avowedly intended, to give a power very
different from what our court of appeals, or any court of appeals in the
United States or in England enjoys, a power of the most dangerous and
alarming nature, that of setting at nought the verdict of a jury, and
having the same facts which they had determined, without any regard or
respect to their determination, examined and ultimately decided by the
judges themselves, and that by judges immediately appointed by the
government. But the Landholder also says that "I agreed to the clause that
declares nine states to be sufficient to put the government in motion." I
cannot take to myself the merit even of this without too great a sacrifice
of truth. It was proposed that if seven states agreed that should be
sufficient; by a rule of Convention in filling up blanks, if different
numbers were mentioned, the question was always to be taken on the
highest. It was my opinion, that to agree upon a ratification of the
constitution by any less number than the whole thirteen states, is so
directly repugnant to our present articles of confederation, and the mode
therein prescribed for their alteration, and such a violation of the
compact which the states, in the most solemn manner, have entered into
with each other, that those who could advocate a contrary proposition,
ought never to be confided in, and entrusted in public life. I availed
myself of this rule, and had the question taken on thirteen, which was
rejected. Twelve, eleven, ten and nine were proposed in succession; the
last was adopted by a majority of the members. I voted successively for
each of these members, to prevent a less number being agreed on. Had nine
not been adopted, I should on the same principle have voted for eight. But
so far was I from giving my approbation that the assent of a less number
of states than thirteen should be sufficient to put the government in
motion, that I most explicitly expressed my sentiments to the contrary,
and always intended, had I been present when the ultimate vote was taken
on the constitution, to have given it my decided negative, accompanied
with a solemn protest against it, assigning this reason among others for
my dissent. Thus, my fellow citizens, that candour with which I have
conducted myself through the whole of this business obliges me, however
reluctantly, and however "mortifying it may be to my vanity," to disavow
all "those greater po