Omar Bennett
The pamphlet Observations on the New Constitution, and on the Federal and State Conventions was written by Mercy Otis Warren and first printed in Boston in 1788. It was originally attributed to Elbridge Gerry, but Mercy Otis Warren was later revealed to be the true author. The pamphlet was anonymously published and raised standard anti-federalist concerns, including a lack of a bill of rights in the new constitution. It was reprinted in newspapers across several states and became an influential work among anti-federalists.
| Characteristics | Values |
|---|---|
| Name of the pamphlet | Observations on the New Constitution, and on the Federal and State Conventions |
| Author | Mercy Otis Warren |
| Pseudonym | A Columbian Patriot |
| Year of publication | 1788 |
| Place of publication | Boston |
| Concerns raised by the pamphlet | Lack of a bill of rights in the new constitution, too much room for human error, corruption and greed, lack of freedom of the press, lack of freedom from military oppression, lack of guarantees of certain legal rights to citizens, such as civil trials by jury or the prohibition of warrantless searches and seizures |
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What You'll Learn
Mercy Otis Warren's authorship
Mercy Otis Warren, a prominent political writer, is now believed to be the author of the anti-federalist pamphlet "Observations on the New Constitution". The pamphlet was originally attributed to Elbridge Gerry, a leading anti-federalist, but in a letter published in May 1788, Warren claimed authorship, and evidence within the work also suggests that she was its true author.
Mercy Otis Warren was an influential writer and political activist during the American Revolution. She was known for her strong anti-federalist beliefs and her advocacy for individual liberties and a limited role for the national government. Warren's pamphlet "Observations on the New Constitution" was published anonymously in 1788, shortly after Massachusetts ratified the Federal Constitution on February 6, 1788. The pamphlet achieved its largest circulation in New York, where 1,700 copies were printed and distributed by anti-federalists.
In her pamphlet, Warren raised standard anti-federalist concerns, including the lack of a bill of rights in the new constitution. She criticized the assumptions behind the proposed government outlined in the constitution, arguing that it left too much room for human error, corruption, and greed. Warren's dramatic arguments resonated with citizens concerned about ratification, and her pamphlet became influential among anti-federalists.
The true identity of the author of the pamphlet remained hidden for over a century until lawyer and historian Charles Warren discovered evidence that his ancestor, Mercy Otis Warren, had written it. Warren's contribution to the debate over the inclusion of a Bill of Rights in the U.S. Constitution is now recognized, and she is considered a "secret muse of the Bill of Rights".
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Anti-federalist concerns
The Anti-Federalists were a group of people who opposed the ratification of the 1787 U.S. Constitution. They believed that the new Constitution consolidated too much power in the hands of Congress, at the expense of states' rights. They also believed that the unitary president resembled a monarch and that this resemblance would eventually produce courts of intrigue in the nation's capital.
The Anti-Federalists included small farmers and landowners, shopkeepers, and labourers. They wanted strong state governments, a weak central government, the direct election of government officials, short term limits for officeholders, accountability by officeholders to popular majorities, and the strengthening of individual liberties. They also wanted to place limitations on the power of nationally elected officials by guaranteeing annual elections, term limits for elected officials, and the rights of citizens to directly access their elected representatives.
The Anti-Federalists failed to prevent the adoption of the Constitution, but their efforts were not entirely in vain. Their opposition was an important factor leading to the adoption of the Bill of Rights. The Bill of Rights is a list of 10 constitutional amendments that secure the basic rights and privileges of American citizens. They include the right to free speech, the right to a speedy trial, the right to due process under the law, and protections against cruel and unusual punishments. To accommodate Anti-Federalist concerns of excessive federal power, the Bill of Rights also reserves any power not given to the federal government for the states and the people.
One of the most influential Anti-Federalist works was the pamphlet "Observations on the New Constitution", anonymously published in 1788 by Mercy Otis Warren. Warren's pamphlet criticised the entire proposed government outlined in the new constitution, arguing that it left too much room for human error, corruption, and greed. She urged states to reject or postpone hearings on ratification.
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Lack of a bill of rights
The pamphlet "Observations on the New Constitution" was written by Elbridge Gerry, one of a collection of anti-federalist writers including Noah Webster, John Jay, and Melancthon Smith. Published between 1787 and 1788, the pamphlet collection argued against the ratification of the United States Constitution, which lacked a bill of rights.
The absence of a bill of rights was a significant point of contention during the debates surrounding the adoption of the Constitution. The Anti-Federalists, who were wary of a strong centralized government, vehemently opposed the Constitution without the inclusion of a bill of rights. They believed that a bill of rights was essential to safeguarding individual freedoms and preventing government overreach. Thomas Jefferson, in December 1787, asserted:
> "A bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference."
The Federalists, on the other hand, argued that a bill of rights was unnecessary and potentially dangerous. They asserted that the government could only exert the powers specified by the Constitution and that including a bill of rights might lead to unintended interpretations and endanger certain rights through omission. James Madison, a supporter of the Constitution, initially shared this view, stating that the government could only exert the powers specified by the Constitution.
However, public sentiment, influenced by pamphlets such as George Mason's, favored the inclusion of a bill of rights. As a result, James Madison, recognizing the importance voters attached to these protections, introduced amendments to the Constitution on June 8, 1789, which eventually became the Bill of Rights. By December 15, 1791, three-fourths of the states had ratified 10 amendments, now known as the Bill of Rights, securing its place in the Constitution.
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Criticism of the proposed government
Mercy Otis Warren anonymously published the pamphlet "Observations on the New Constitution" in 1788. The pamphlet was a critique of the proposed government outlined in the new constitution. In it, Warren raised standard anti-federalist concerns, including the lack of a bill of rights and the concentration of power in the national government.
Warren argued that the new constitution did not guarantee certain liberties for individual citizens, such as freedom of the press, freedom from military oppression, civil trials by jury, and the prohibition of warrantless searches and seizures. She also wanted to place limitations on the power of nationally elected officials by guaranteeing annual elections, term limits, and the right of citizens to directly access their representatives.
In her pamphlet, Warren attacked the assumptions behind the proposed government, arguing that it left too much room for human error, corruption, and greed. She urged states to reject or postpone hearings on ratification, and her dramatic arguments had a significant impact on citizens concerned about ratification.
The pamphlet became influential among anti-federalists and helped create strong opposition in several states to adopting the new constitution. The states of Massachusetts, Virginia, and New York made the inclusion of a bill of rights a condition for ratification. In response, James Madison drafted a list of rights that would be protected from encroachment by the federal government.
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Abolition of trial by jury
Mercy Otis Warren anonymously published the pamphlet "Observations on the New Constitution" in 1788. For over a century, it was believed that Elbridge Gerry was the author of the pamphlet. However, Mercy Otis Warren was later credited as the true author.
In her pamphlet, Warren raised anti-federalist concerns, including the lack of a bill of rights in the new constitution. She criticized the assumptions behind the proposed government and argued that the constitution left too much room for human error, corruption, and greed. One of the specific criticisms made by Warren was the abolition of trial by jury in civil causes.
The learned Judge Blackstone observed that the trial by jury "has been coeval with the first rudiments of civil government, that property, liberty, and life depend on maintaining in its legal force the constitutional trial by jury." Blackstone's statement underscores the importance of the trial by jury as a fundamental pillar of civil government, where it plays a crucial role in safeguarding property, liberty, and life.
Sir Matthew Hale shared similar sentiments, praising the trial by jury as an admirable mode of investigation, surpassing any other method in the world for uncovering the truth. The trial by jury was seen as a vital mechanism for ensuring justice and protecting the rights of citizens.
The anti-federalists, including Warren, were concerned that the new constitution did not guarantee specific legal rights, such as civil trials by jury. They advocated for the inclusion of a Bill of Rights, which would protect individual liberties and limit the power of the national government over state governments. The battle for the inclusion of a Bill of Rights in the U.S. Constitution was ultimately won, thanks in part to influential works like Warren's pamphlet.
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Frequently asked questions
Mercy Otis Warren wrote the pamphlet 'Observations on the New Constitution'. It was originally attributed to Elbridge Gerry but was later found to be written by Warren.
The pamphlet was a critique of the new constitution from an anti-federalist perspective. It was first printed in Boston and later achieved its largest circulation in New York. It was reprinted in newspapers across several states.
The pamphlet raised standard anti-federalist concerns, including the lack of a bill of rights in the new constitution. It criticized the assumptions behind the proposed government and argued that the constitution left too much room for human error, corruption, and greed.
