TO
HIS EXCELLENCY
BENJAMIN FRANKLIN, Esq.
PRESIDENT OF THE COMMONWEALTH OF
PENNSYLVANIA,
AND
MEMBER OF THE LATE CONVENTION,
HELD AT PHILADELPHIA FOR THE PURPOSE OF
DEVISING A CONSTITUTION FOR THE
GOVERNMENT OF THE UNITED STATES,
THE FOLLOWING REMARKS UPON THE SYSTEM
RECOMMENDED BY THAT CONVENTION,
RECOMMARE MOST HUMBLY INSCRIBED
RECOMMBY
RECOMMHIS EXCELLENCY’S
RECOMMENDEDMOST OBEDIENT
RECOMMENDED BY THATHUMBLE SERVANT,
RECOMMENDED BY THAT CONVETHE AUTHOR.

Philadelphia,
October 10, 1787.		 }

OF all the memorable æras that have marked the progress of men from the savage state to the refinements of luxury, that which has combined them into society, under a wise system of government, and given form to a nation, has ever been recorded and celebrated as the most important. Legislators have ever been deemed the greatest benefactors of mankind—respected when living, and often deified after their death. Hence the fame of Fohi and Confucius—of Moses, Solon and Lycurgus—of Romulus and Numa—of Alfred, Peter the Great, and Mango Capac; whose names will be celebrated through all ages, for framing and improving constitutions of government, which introduced order into society and secured the benefits of law to millions of the human race.

This western world now beholds an æra important beyond conception, and which posterity will number with the age of Czar of Muscovy, and with the promulgation of the Jewish laws at Mount Sinai. The names of those men who have digested a system of constitutions for the American empire, will be enrolled with those of Zamolxis and Odin, and celebrated by posterity with the honors which less enlightened nations have paid to the fabled demi-gods of antiquity.

[6] But the origin of the American Republic is distinguished by peculiar circumstances. Other nations have been driven together by fear and necessity—the governments have generally been the result of a single man’s observations; or the offspring of particular interests. In the formation of our constitution, the wisdom of all ages is collected—the legislators of antiquity are consulted—as well as the opinions and interests of the millions who are concerned. In short, it is an empire of reason.

In the formation of such a government, it is not only the right, but the indispensable duty of every citizen to examine the principles of it, to compare them with the principles of other governments, with a constant eye to our particular situation and circumstances, and thus endeavor to foresee the future operations of our own system, and its effects upon human happiness.

Convinced of this truth, I have no apology to offer for the following remarks, but an earnest desire to be useful to my country.

In attending to the proposed Federal Constitution, the first thing that presents itself to our consideration, is the division of the legislative into two branches. This article has so many advocates in America, that it needs not any vindication.[3]—But it has its opposers, among whom are some respectable characters, especially in Pennsylvania; for which reason, I will state [7] some of the arguments and facts which incline me to favor the proposed division.

On the first view of men in society, we should suppose that no man would be bound by a law to which he had not given his consent. Such would be our first idea of political obligation. But experience, from time immemorial, has proved it to be impossible to unite the opinions of all the members of a community, in every case; and hence the doctrine, that the opinions of a majority must give law to the whole State: a doctrine as universally received, as any intuitive truth.