The Spirit of American Constitutionalism:
John Dickinson's Fabius Letters

Gregory S. Ahern*

[From HUMANITAS, Volume XI, No. 2, 1998 © National Humanities Institute]

Though virtually ignored by scholars in recent decades, John Dickinson was one of the most influential of the American Founders. When he entered the Pennsylvania State House in May 1787, as Delaware’s delegate to the Constitutional Convention, he was one of the most knowledgeable and experienced statesmen to attend the Grand Convention. Colonial legislator, "Penman of the Revolution," colonel in the state militia during the War of Independence, drafter of the Articles of Confederation, member of the Stamp Act, Continental, and Confederation Congresses, and chief executive of two states—few other men could boast of similar achievements. In his character sketches of the delegates, William Pierce observed that Dickinson "will ever be considered one of the most important characters in the United States."¹

Although indisposed for much of the Convention as a result of poor health, Dickinson nevertheless made significant contributions to the work of that body. It was he who first proposed that the Senate be elected by the state legislatures; and he was also influential in determining the manner of election of the president. Even more importantly, his was the voice of moderation and prudence throughout the Convention. Historian Forrest McDonald has noted that, had it not been for the presence of Dickinson, and about seven other delegates, the extreme nationalists would have prevailed in the Convention, and "the resulting constitution would not have been ratified." This has led one prominent political theorist to characterize Dickinson as "definitive of the moderate Federalist position of 1787-1788 and a key to the meaning of what was achieved" in that remarkable document, the Constitution of the United States.²

It is fitting, therefore, that in attempting to understand the meaning of the American Constitution we should look to the writings of John Dickinson. While Dickinson’s political thought could easily fill two volumes, the writings with which we are concerned here are those penned in defense of the work of the Constitutional Convention. These essays, entitled the Letters of Fabius, were widely published throughout the nation beginning in April 1788 and had a powerful influence in tipping the scales in favor of ratification of the new Constitution. While less extensive than the Federalist Papers, the Fabius Letters may well have been as persuasive as the former, and the two series bear an interesting comparison with one another.³

George Washington had high praise for the first four essays. He wrote to John Vaughan:

Sir: I have received your two letters of the 17th and 21st inst. and the papers containing the four numbers of Fabius which accompanied them.

I must beg you to accept my best thanks for your polite attention in forwarding those papers to me. The writer of those pieces, signed Fabius, whoever he is, appears to be master of his subject; he treats it with dignity, and at the same time expresses himself in such manner as to render it intelligible to every capacity. I have no doubt but that an extensive republication of those numbers would be of utility in removing the impressions which have been made upon the Minds of many by an unfair or partial representation of the proposed constitution, and would afford desirable information upon the subject to those who sought for it.⁴

Dickinson’s choice of pseudonym sets the tone for his letters. For, as Forrest McDonald has pointed out, Quintus Fabius Maximus Cunctator was the Roman general who saved the republic through caution, prudence, patience, and persistence.⁵ Indeed, the Fabius Letters are a model of moderation and prudence, with their frequent appeals to history to justify the new Constitution and to warn against the danger to the nation should it fail to be ratified.

Dickinson begins his essays by dividing those who oppose the Constitution into two classes. To the first belong those who are enemies of the United States and those who seek to gain private advantage from the nation’s current problems. People such as these are unworthy of his attention, he says. To the second group, however, belong those who are friends to the United States and whose friendship gives rise to legitimate concerns for its future. Those who belong to this second group "deserve the highest respect" and should be encouraged to air their concerns. For, although they may be mistaken in their assessment of the proposed Constitution, they are acting from the best of motives and do a service to their country:

What concerns all, should be considered by all; and individuals may injure a whole society, by not declaring their sentiments. It is, therefore, not only their right, but their duty, to declare them. . . . Before this tribunal of the people, let every one freely speak, what he really thinks, but with so sincere a reverence for the cause he ventures to discuss, as to use the utmost caution, lest he should lead any into errors, upon a point of such sacred concern as the public happiness.⁶ Fabius cautions that the judgment of even good men can be unconsciously impaired by local or personal interests. The best remedy for such an impairment, he suggests, is the example of history, particularly that of the Greeks. They too contended for union, yet were never able to "relinquish their own interests and advancement, while they deliberated for the public." The consequences for Greece led to their eventual destruction, and the same fate could await America. Therefore, he urges, let us "cling to Union as the political Rock of our Salvation."⁷

In answer to those who fear that the Constitution would eventually lead to despotism, Fabius suggests that two features of the proposed system make any such eventuality highly unlikely: "the power of the people pervading the proposed system, together with the strong confederation of the states."⁸So long as these features are reserved, he says, "the question . . . will be—not what may be done, when the government shall be turned into a tyranny; but how the government can be so turned?"⁹

The efficacy of the first feature—that of the power of the people—is dependent upon the virtue and public spiritedness of the citizenry. And he praises the proposed Constitution for minimizing the potential for corruption and promoting virtue and moderation both in the governors and in the governed.¹⁰ Every precaution was taken by the Convention to ensure that the House of Representatives remains free from corruption, Fabius assures his audience. The large number of voters and their dispersion throughout an extensive territory will make corruption in the election process as impracticable as human institutions are capable of making them.¹¹ Reflecting classical republican theory, he writes that the frequency of elections will serve as a further barrier to corruption in that body: "It has been unanimously agreed by the friends of liberty, that frequent elections of the representatives of the people, are the sovereign remedy of all grievances in a free government." The members of a House of Representatives thus constituted will reflect the general interests, feelings, and sentiments of the people, he believes.

The "strong confederation of the states" is to be secured through the institution of the Senate, which Fabius sees as inevitably comprising the nation’s natural aristocracy of talent and virtue and as reflecting the importance of the states as political communities. The Senate, he says, is "to be created by the sovereignties of the several states; that is, by the persons, whom the people of each state shall judge to be most worthy, and who, surely, will be religiously attentive to making a selection, in which the interest and honour of their state will be so deeply concerned." The states being directly represented in the national councils, Fabius expects that the residual sovereignty of the states will remain forever inviolate and their interests promoted. In fact, he anticipates that the House and Senate together will act "not only [as] legislative but also diplomatic bodies, perpetually engaged in the arduous talk of reconciling, in their determinations, the interests of several sovereign states."

Fabius points to the example of the Achaean League as a model for the American Union. The states constituting that league, he says, were animated by such noble and benevolent principles that no resolutions were passed by their assembly unless they were equally advantageous to the whole confederacy and the interests of each state were protected. Surely, Fabius writes, Americans "have wisdom and virtue enough, to manage their affairs, with as much prudence and affection of one for another as these ancients did."¹²

Nevertheless, because of the frailty of human nature, wisdom, virtue, and mutual affection are not sufficient, in and of themselves, to guarantee that the legitimate interests of the states will be protected. The institutions of government must, therefore, be so constructed that the likelihood of oppression of one part of the nation by another is reduced to a minimum. The history of confederated republics had made that point amply clear. Fabius, therefore, denies that the composition of the Senate was a mere compromise among the delegates to the Convention. Rather, he says, it was "an original substantive proposition" based upon the principle that

a territory of such extent as that of United America, could not be safely and advantageously governed, but by a combination of republics, each retaining all the rights of supreme sovereignty, excepting such as ought to be contributed to the union; that for the securer preservation of these sovereignties, they ought to be represented in a body by themselves, and with equal suffrage.¹³ Drawing an analogy between the Senate and the British House of Lords, Dickinson cites Blackstone's argument that the interests of the nobility could not be adequately protected unless they were represented in a separate branch of the legislature. Otherwise, according to Blackstone, "their privileges would soon be borne down and overwhelmed." So, in like manner, the reader is left to conclude, the interests of the states cannot be adequately protected unless they are equally represented in their own house of Congress.

In addition to representing and protecting the sovereignty of the states as distinct political communities, the Senate provides other advantages as well. It provides sufficient permanence that the members might obtain the knowledge of foreign and domestic affairs necessary for promoting the nation’s interests. Yet, the senators’ tenure in office is sufficiently limited that they will still be "responsible to, and controulable by the people."

Should these protections placed in the Constitution not be sufficient, however, there remains another security for the people’s liberty. Fabius recalls the balance achieved in the constitution of the Roman Republic and sees the president as ensuring a similar balance: "We are to have a president, to superintend, and if he thinks the public weal requires it, to controul any act of the representatives and senate." But the president "will be no dictator," he assures hi audience. He will be chosen by electors who are themselves chosen by the people, and shall therefore be answerable to no "standing body whatever.’’ He will thus be subject to no "undue influence," thereby limiting the potential for corruption. The president will also be subject to checks upon his power. Two-thirds of both houses of Congress can override his veto, and he is subject to impeachment if he abuses his office.

Fabius asks rhetorically:

How varied, balanced, concordant, and benign, is the system proposed to us? To secure the freedom, and promote the happiness of these and future states, by giving the will of the people a decisive influence over the whole, and over all the parts, with what a comprehensive arrangement does it embrace different modes of representation . . . ? The Convention had accomplished all that could reasonably be achieved to maintain the people’s liberty while simultaneously promoting their prosperity, Fabius argues. Yet, human institutions, no matter how carefully and wisely crafted, are by nature imperfect. Despite the checks upon power built into the structure of the government, the ultimate check on the unjust or illicit use of power will necessarily be the people themselves. He writes: All the foundations before mentioned, of the federal government, are by the proposed system to be established, in the most clear, strong, positive, unequivocal expressions, of which our language is capable. Magna charta, or any other law, never contained clauses more decisive and emphatic. While the people of these states have sense, they will understand them; and while they have spirit, they will make them to be observed. It is the people’s duty to be ever vigilant and to ensure that the Constitution is preserved, Fabius warns. And lest the people become complaisant and allow the government to undertake unconstitutional measures under some false pretext, he reminds his readers of the consequences which may ensue: "worthy is it of deep consideration by every friend of freedom, that abuses that seem to be but _trifles,’ may be attended by fatal consequences." While the people ought not reject the Constitution out of fear that the powers granted to the government might be abused, likewise they ought to be watchful lest the Constitution itself be abused by those who are entrusted with its preservation. "It is [the people’s] duty to watch, and their right to take care, that the constitution be preserved," he writes.¹⁴

This duty imposes an awesome responsibility on the people and should never be abused, he cautions. For, although the will of the people is the ultimate foundation of the government, this will, to be exercised rightly, must be exercised reasonably:

By the superior will of the people, is meant a reasonable, not a distracted will. When frenzy seizes the mass, it would be equal madness to think of their happiness, that is, of their freedom. They will infallibly have a Philip or a Caesar, to bleed them into soberness of mind."¹⁵ It is, therefore, the wisdom and virtue of the people rather than mere self-interest that is to be the ultimate check upon the government. Yet, Fabius also recognizes the fallibility of human nature. For, history shows that "the liberty of single republics has generally been destroyed by some of the citizens, and of confederated republics, by some of the associated states." The solution is to be found in ensuring that the government is sufficiently strong to protect "the worthy against the licentious."¹⁶ This leads to a discussion of the nature and purpose of political society as well as that of confederations of states: As in forming a political society, each individual contributes some of his rights, in order that he may, from a common stock of rights, derive greater benefits, than he could from merely his own; so, in forming a confederation, each political society should contribute some share of their rights, as will, from a common stock, of these rights, produce the largest quantity of benefits for them.¹⁷ The influence of Locke’s social compact theory of the foundations of society is evident here. Yet, Dickinson appeals beyond Locke to an idea of community far richer than Locke’s mere aggregate of atomized individuals. His thought, in fact, reflects both Aristotle’s idea of political society as based on friendship and the Christian doctrine of charity (love of neighbor). He writes: Humility and benevolence must take place of pride and overweening selfishness. Reason, rising above these mists, will then discover to us, that we cannot be true to ourselves, without being true to others—that to love our neighbors as ourselves, is to love ourselves in the best manner—that to give, is to gain—and, that we never consult our own happiness more effectually, than when we most endeavour to correspond with the divine designs, by communicating happiness, as much as we can, to our fellow-creatures.¹⁸ For Dickinson, political society has a moral as well as a practical end. He had always considered the United States as founded on "sacred obligations" of mutual support, and for him the work of the Convention had not been a mere matter of political expediency or self-interest. As he told the Convention, We are not forming plans for a Day, Month, Year or Age, but for Eternity. Let us endeavour with united Councils to establish a Government that not only may render our Nation great, respectable, free, and happy, but also VIRTUOUS. Let us try to combine political Establishments with moral Virtue, that if possible the first may be equal with the Duration of this World and an aid, or at least not a Hindrance, to the Enjoyment of another."¹⁹ Reflecting this sentiment, Fabius writes that, "We may with reverence say, that our Creator designed men for society, because otherwise they cannot be happy." And just as men cannot be happy without freedom, so they cannot be truly free without society. Fabius continues: Each individual then must contribute such a share of his rights, as is necessary for attaining that security that is essential to freedom; and he is bound to make this contribution by the law of his nature, which prompts him to a participated happiness; that is, by the command of his creator; therefore, he must submit his will, in what concerns all, to the will of all, that is of the whole society. What does he lose by this submission; The power of doing injuries to others—and the dread of suffering injuries from them. What does he gain by it? The aid of those associated with him, for his relief from the incommodities of mental or bodily weakness—the pleasure for which his heart is formed—of doing good—protection against injuries—a capacity of enjoying his undelegated rights to the best advantage—a repeal of his fears—and tranquility of mind.²⁰ Like benefits, he says, are to be obtained in a confederation, with an attendant surrender of some of the rights of the member states. For by such a surrender, the individual citizens who compose those states will achieve an even greater degree of happiness. Thus, he writes of Ameri