the case?

The rights of conscience, trial by | ruined. I am answered by gentlemen, that jury, liberty of the press, all your immunities though I may speak of terrors, yet the fact is, and franchises, all pretensions to human rights that we are surrounded by none of the dangers and privileges, are rendered insecure, if not I apprehend. I conceive this new government lost, by this change so loudly talked of by to be one of those dangers: it has produced some, and inconsiderately by others. Is this those horrors, which distress many of our best tame relinquishment of rights worthy of free- citizens. We are come hither to preserve the men? Is it worthy of that manly fortitude poor commonwealth of Virginia, if it can be that ought to characterize republicans? It is possibly done: something must be done to presaid eight States have adopted this plan. I de- serve your liberty and mine. The confederaclare that if twelve States and a half had adopt- tion, this same despised government, merits, in ed it, I would, with manly firmness, and in spite my opinion, the highest encomium: it carried of an erring world, reject it. You are not to us through a long and dangerous war: it reninquire how your trade may be increased, nor dered us victorious in that bloody conflict with how you are to become a great and powerful a powerful nation: it has secured us a territory people, but how your liberties can be secured; greater than any European monarch possesses: for liberty ought to be the direct end of your and shall a government which has been thus government. Having premised these things, I strong and vigorous, be accused of imbecility, shall, with the aid of my judgment and infor- and abandoned for want of energy? Consider mation, which I confess are not extensive, go what you are about to do, before you part with into the discussion of this system more minute- this government. Take longer time in reckonly. Is it necessary for your liberty, that you ing things: revolutions like this have happened should abandon those great rights by the adop-in almost every country in Europe: similar extion of this system? Is the relinquishment of amples are to be found in ancient Greece and the trial by jury, and the liberty of the press, ancient Rome: instances of the people losing necessary for your liberty? Will the abandon- their liberty by their own carelessness and the ment of your most sacred rights, tend to the ambition of a few. We are cautioned by the security of your liberty? Liberty, the greatest honorable gentleman who presides, against facof all earthly blessings-give us that precious tion and turbulence. I acknowledge that licenjewel, and you may take every thing else. But tiousness is dangerous, and that it ought to be I am fearful I have lived long enough to become provided against: I acknowledge also the new an old-fashioned fellow. Perhaps an invincible form of government may effectually prevent attachment to the dearest rights of man, may, it: yet, there is another thing it will as effectin these refined, enlightened days, be deemed ually do: it will oppress and ruin the people. old-fashioned: if so, I am contented to be so. There are sufficient guards placed against sediI say, the time has been when every pulse of tion and licentiousness: for when power is my heart beat for American liberty, and which, given to this government to suppress these, or, I believe, had a counterpart in the breast of for any other purpose, the language it assumes every true American. But suspicions have is clear, express, and unequivocal; but when gone forth-suspicions of my integrity. It has this constitution speaks of privileges, there is been publicly reported that my professions are an ambiguity, sir, a fatal ambiguity-an ambinot real. Twenty-three years ago was I sup-guity which is very astonishing. In the clause posed a traitor to my country: I was then said to be a bane of sedition, because I supported the rights of my country: I may be thought suspicious, when I say our privileges and rights are in danger: but, sir, a number of the people of this country are weak enough to think these things are too true. I am happy to find that the gentlemen on the other side, declare they are groundless: but, sir, suspicion is a virtue, as long as its object is the preservation of the public good, and as long as it stays within proper bounds: should it fall on me, I am contented: conscious rectitude is a powerful consolation: I trust there are many who think my professions for the public good to be real. Let your suspicion look to both sides: there are many on the other side, who, possibly, may have been persuaded of the necessity of these measures, which I conceive to be dangerous to your liberty. Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it, but downright force. Whenever you give up that force, you are inevitably

under consideration, there is the strangest language that I can conceive. I mean, when it says, that there shall not be more representatives than one for every 30,000. Now, sir, how easy is it to evade this privilege? "The number shall not exceed one for every 30,000." This may be satisfied by one representative from each State. Let our numbers be ever so great, this immense continent may, by this artful expression, be reduced to have but thirteen representatives. I confess this construction is not natural; but the ambiguity of the expression lays a good ground for a quarrel. Why was it not clearly and unequivocally expressed, that they should be entitled to have one for every 30,000? This would have obviated all disputes; and was this difficult to be done? What is the inference? When population increases, and a State shall send representatives in this proportion, Congress may remand them, because the right of having one for every 30,000 is not clearly expressed. This possibility of reducing the number to one for each State, approximates to probability by that other ex

manifested the most cordial acquiescence in the execution of the laws? What could be more awful, than their unanimous acquiescence under general distresses? Is there any revolution in Virginia? Whither is the spirit of America gone? Whither is the genius of America fled? It was but yesterday, when our enemies marched in triumph through our country. Yet the peo

their pompous armaments: they stopped their career, and victoriously captured them: where is the peril now, compared to that?

pression, "but each State shall at least have one representative." Now is it not clear that, from the first expression, the number might be reduced so much, that some States should have no representative at all, were it not for the insertion of this last expression? And as this is the only restriction upon them, we may fairly conclude that they may restrain the number to one from each State. Perhaps the same hor-ple of this country could not be appalled by rors may hang over my mind again. I shall be told I am continually afraid: but, sir, I have strong cause of apprehension. In some parts of the plan before you, the great rights of free- Some minds are agitated by foreign alarms. men are endangered, in other parts absolutely Happily for us, there is no real danger from taken away. How does your trial by jury Europe; that country is engaged in more ardustand? In civil cases gone-not sufficiently se-ous business; from that quarter, there is no cured in criminal-this best privilege is gone. cause of fear: you may sleep in safety for ever But we are told that we need not fear, because for them. Where is the danger? If, sir, there those in power being our representatives, will was any, I would recur to the American spirit not abuse the powers we put in their hands. I to defend us—that spirit which has enabled us am not well versed in history, but I will sub-to surmount the greatest difficulties: to that mit to your recollection, whether liberty has illustrious spirit I address my most fervent been destroyed most often by the licentiousness prayer, to prevent our adopting a system deof the people, or by the tyranny of rulers. I structive to liberty. Let not gentlemen be told, imagine, sir, you will find the balance on the that it is not safe to reject this government. side of tyranny. Happy will you be, if you Wherefore is it not safe? We are told there miss the fate of those nations, who, omitting to are dangers; but those dangers are ideal; they resist their oppressors, or negligently suffering cannot be demonstrated. To encourage us to their liberty to be wrested from them, have adopt it, they tell us that there is a plain, easy groaned under intolerable despotism! Most of way of getting amendments. When I come to the human race are now in this deplorable con- contemplate this part, I suppose that I am mad, dition. And those nations who have gone in or, that my countrymen are so. The way to search of grandeur, power and splendor, have amendment is, in my conception, shut. Let us also fallen a sacrifice, and been the victims of consider this plain, easy way. "The Congress, their own folly. While they acquired those whenever two-thirds of both houses shall deem visionary blessings, they lost their freedom. it necessary, shall propose amendments to this My great objection to this government is, that constitution; or, on the application of the legisit does not leave us the means of defending our | latures of two-thirds of the several States, shall rights, or of waging war against tyrants. It call a convention for proposing amendments, is urged by some gentlemen, that this new plan which, in either case, shall be valid to all inwill bring us an acquisition of strength; an tents and purposes, as part of this constitution, army, and the militia of the States. This is an when ratified by the legislatures of three-fourths idea extremely ridiculous: gentlemen cannot of the several States, or by conventions in threebe in earnest. This acquisition will trample on fourths thereof, as the one or the other mode your fallen liberty. Let my beloved Americans of ratification may be proposed by the Congress. guard against that fatal lethargy that has per- Provided, that no amendment which may be vaded the universe. Have we the means of re-made prior to the year 1808, shall, in any mansisting disciplined armies, when our only defence, the militia, is put into the hands of Congress?

ner, affect the first and fourth clauses in the ninth section of the first article; and that no The honorable gentleman said, that great State, without its consent, shall be deprived of danger would ensue, if the convention rose its equal suffrage in the Senate." Hence it apwithout adopting this system. I ask, where is pears, that three-fourths of the States must that danger? I see none. Other gentlemen ultimately agree to any amendments that may have told us, within these walls, that the Union be necessary. Let us consider the consequences is gone-or, that the Union will be gone. Is of this. However uncharitable it may appear, not this trifling with the judgment of their yet I must express my opinion, that the most fellow-citizens? Till they tell us the ground of unworthy characters may get into power and their fears, I will consider them as imaginary. prevent the introduction of amendments. Let I rose to make inquiry where those dangers us suppose, (for the case is supposable, possible were; they could make no answer: I believe I and probable,) that you happen to deal these never shall have that answer. Is there a dis-powers to unworthy hands; will they relinquish position in the people of this country to revolt against the dominion of laws? Has there been a single tumult in Virginia? Have not the people of Virginia, when laboring under the severest pressure of accumulated distresses,

powers already in their possession, or agree to amendments? Two-thirds of the Congress, or of the State legislatures, are necessary even to propose amendments. If one-third of these be unworthy men, they may prevent the applica

cannot help thinking so: perhaps it may be the result of my age; these may be feelings natural to a man of my years, when the American spirit has left him, and his mental powers, like the members of the body, are decayed. If, sir, amendments are left to the twentieth, or to the tenth part of the people of America, your liberty is gone for ever. We have heard that there is a great deal of bribery practised in the House of Commons in England; and that many of the members raise themselves to preferments, by selling the rights of the people. But, sir, the tenth part of that body cannot continue oppressions on the rest of the people. English liberty is, in this case, on a firmer foundation than American liberty. It will be easily contrived to procure the opposition of one-tenth of the people to any alteration, however judicious.

tion for amendments; but a destructive and mischievous feature is, that three-fourths of the State legislatures, or of the State conventions, must concur in the amendments when proposed. In such numerous bodies, there must necessarily be some designing, bad men. To suppose that so large a number as three-fourths of the States will concur, is to suppose that they will possess genius, intelligence and integrity, approaching to miraculous. It would, indeed, be miraculous, that they should concur in the same amendments, or, even in such as would bear some likeness to one another. For four of the smallest States, that do not collectively contain onetenth part of the population of the United States, may obstruct the most salutary and necessary amendments. Nay, in these four states, six-tenths of the people may reject these amendments; and suppose, that amendments The honorable gentleman who presides, told shall be opposed to amendments, (which is us, that to prevent abuses in our government, highly probable,) is it possible, that three- we will assemble in convention, recall our delefourths can ever agree to the same amend-gated powers, and punish our servants for ments? A bare majority in these four small abusing the trust reposed in them. Oh, sir, we States, may hinder the adoption of amendments; should have fine times indeed, if to punish so that we may fairly and justly conclude, that tyrants, it were only sufficient to assemble the one-twentieth part of the American people people. Your arms, wherewith you could demay prevent the removal of the most grievous fend yourselves, are gone; and you have no inconveniences and oppression, by refusing to longer an aristocratical, no longer a democrataccede to amendments. A trifling minority ical spirit. Did you ever read of any revolution may reject the most salutary amendments. in any nation, brought about by the punishIs this an easy mode of securing the public ment of those in power, inflicted by those who liberty? It is, sir, a most fearful situation, had no power at all? You read of a riot act in when the most contemptible minority can a country which is called one of the freest in prevent the alteration of the most oppressive the world, where a few neighbors cannot asgovernment; for it may, in many respects, semble without the risk of being shot by a prove to be such. Is this the spirit of republi- hired soldiery, the engines of despotism. We canism? What, sir, is the genius of democracy? may see such an act in America. A standing Let me read that clause of the Bill of Rights of army we shall have also, to execute the execraVirginia which relates to this: 3d clause; ble commands of tyranny: and how are you to "That government is, or ought to be, instituted punish them? Will you order them to be punfor the common benefit, protection and security ished? Who shall obey these orders? Will of the people, nation, or community. Of all your mace-bearer be a match for a disciplined the various modes and forms of government, regiment? In what situation are we to be? that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of mal-administration, and that whenever any government shall be found inadequate, or contrary to these purposes, a majority of the community hath an indubitable, unalienable and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal." This, sir, is the language of democracy that a majority of the community have a right to alter their government when found to be oppressive: but how different is the genius of your new constitution from this! How different from the sentiments of freemen, that a contemptible minority can prevent the good of the majority! If then, gentlemen, standing on this ground, are come to that point, that they are willing to bind themselves and their posterity to be oppressed, I am amazed and inexpressibly astonished. If this be the opinion of the majority, I must submit; but to me, sir, it appears perilous and destructive; I

The clause before you gives a power of direct taxation, unbounded and unlimited; exclusive power of legislation in all cases whatsoever, for ten miles square, and over all places purchased for the erection of forts, magazines, arsenals, dock-yards, &c. What resistance could be made? The attempt would be madness. You will find all the strength of this country in the hands of your enemies: those garrisons will naturally be the strongest places in the country. Your militia is given up to Congress also, in another part of this plan: they will therefore act as they think proper: all power will be in their own possession: you cannot force them to receive their punishment. Of what service would militia be to you, when most probably you will not have a single musket in the state? For, as arms are to be provided by Congress, they may, or may not, furnish them.

Let us here call your attention to that part which gives the Congress power "To provide for organizing, arming and disciplining the militia, and for governing such parts of them as

may be employed in the service of the United The honorable gentleman then went on to States, reserving to the states respectively the the figure we make with foreign nations; the appointment of the officers, and the authority of contemptible one we make in France and Holtraining the militia, according to the discipline land, which, according to the substance of my prescribed by Congress." By this, sir, you see notes, he attributes to the present feeble govthat their control over our last and best defence ernment. An opinion has gone forth, we find, is unlimited. If they neglect or refuse to dis- that we are a contemptible people: the time cipline or arm our militia, they will be useless: has been when we were thought otherwise. the states can do neither, this power being ex- Under this same despised government, we comclusively given to Congress. The power of manded the respect of all Europe: wherefore appointing officers over men not disciplined or are we now reckoned otherwise? The Ameriarmed, is ridiculous: so that this pretended can spirit has fled from hence: it has gone to little remnant of power, left to the States, may, regions, where it has never been expected: it at the pleasure of Congress, be rendered nuga- has gone to the people of France, in search of tory. Our situation will be deplorable indeed: a splendid government-a strong, energetic govnor can we ever expect to get this government ernment. Shall we imitate the example of those amended; since I have already shown, that a nations, who have gone from a simple to a very small minority may prevent it, and that splendid government? Are those nations more small minority interested in the continuance of worthy of our imitation? What can make an the oppression. Will the oppressor let go the adequate satisfaction to them for the loss they oppressed? Was there ever an instance? Can have suffered in attaining such a governmentthe annals of mankind exhibit one single exam- for the loss of their liberty? If we admit this ple, where rulers, overcharged with power, consolidated government, it will be because we willingly let go the oppressed, though solicited like a great and splendid one. Some way or and requested most earnestly? The application other we must be a great and mighty empire; for amendments will therefore be fruitless. we must have an army, and a navy, and a numSometimes the oppressed have got loose by one ber of things. When the American spirit was of those bloody struggles that desolate a in its youth, the language of America was difcountry. But a willing relinquishment of ferent: liberty, sir, was then the primary object. power is one of those things which human We are descended from a people whose governnature never was, nor ever will be, capable of. ment was founded on liberty: our glorious foreThe honorable gentleman's observations, re- fathers, of Great Britain, made liberty the founspecting the people's right of being the agents dation of every thing. That country is become in the formation of this government, are not a great, mighty and splendid nation; not beaccurate, in ny humble conception. The dis- cause their government is strong and energetic: tinction between a national government and a but, sir, because liberty is its direct end and confederacy, is not sufficiently discerned. Had foundation. We drew the spirit of liberty from the delegates, who were sent to Philadelphia, a our British ancestors; by that spirit we have power to propose a consolidated government triumphed over every difficulty. But now, sir, instead of a confederacy? Were they not de- the American spirit, assisted by the ropes and puted by States, and not by the people? The chains of consolidation, is about to convert this assent of the people, in their collective capacity, country into a powerful and mighty empire. If is not necessary to the formation of a federal you make the citizens of this country agree to government. The people have no right to enter become the subjects of one great consolidated into leagues, alliances, or confederations: they empire of America, your government will not are not the proper agents for this purpose: have sufficient energy to keep them together: States and sovereign powers are the only proper such a government is incompatible with the geagents for this kind of government. Show me nius of republicanism. There will be no checks, an instance where the people have exercised no real balances, in this government. this business: has it not always gone through can avail your specious, imaginary balances; the legislatures? I refer you to the treaties your rope-dancing, chain-rattling, ridiculous, with France, Holland, and other nations: how ideal checks and contrivances? But, sir, we were they made? Were they not made by the are not feared by foreigners; we do not make States? Are the people, therefore, in their ag- nations tremble. Would this constitute happigregate capacity, the proper persons to form a ness, or secure liberty? I trust, sir, our politiconfederacy? This, therefore, ought to depend cal hemisphere will ever direct its operations to on the consent of the legislatures; the people the security of those objects. Consider our have never sent delegates to make any proposi- situation, sir; go to the poor man, ask him tion of changing the government. Yet I must what he does; he will inform you that he ensay, at the same time, that it was made on joys the fruits of his labor, under his own figgrounds the most pure, and perhaps I might tree, with his wife and children around him, in have been brought to consent to it, so far as to peace and security. Go to every other member the change of government; but there is one of the society, you will find the same tranquil thing in it, which I never would acquiesce in. ease and content; you will find no alarms or I mean, the changing it into a consolidated gov-disturbances! Why then tell us of dangers, to ernment, which is so abhorrent to my mind.

What

terrify us into the adoption of this new form of

government? And yet who knows the dangers | say? The clause under consideration gives an that this new system may produce? They are unlimited and unbounded power of taxation. out of the sight of the common people: they Suppose every delegate from Virginia opposes cannot foresee latent consequences. I dread the a law laying a tax, what will it avail? They operation of it on the middling and lower classes are opposed by a majority; eleven members can of people: it is for them I fear the adoption of destroy their efforts: those feeble ten cannot this system. I fear I tire the patience of the prevent the passing the most oppressive taxcommittee, but I beg to be indulged with a few law. So that in direct opposition to the spirit more observations. and express language of your declaration of rights, you are taxed, not by your own consent, but by people who have no connection with you.

When I thus profess myself an advocate for the liberty of the people, I shall be told, I am a designing man, that I am to be a great man, that I am to be a demagogue; and many similar illiberal insinuations will be thrown out; but, sir, conscious rectitude outweighs these things with me. I see great jeopardy in this new government: I see none from our present one. I hope some gentleman or other will bring forth, in full array, those dangers, if there be any, that we may see and touch them; I have said that I thought this a consolidated government: I will now prove it. Will the great rights of the people be secured by this government? | Suppose it should prove oppressive, how can it be altered? Our bill of rights declares, "That a majority of the community hath an indubitable, unalienable and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal." I have just proved, that one-tenth, or less, of the people of America-a most despicable minority, may prevent this reform, or alteration. Suppose the people of Virginia should wish to alter their government, can a majority of them do it? No, because they are connected with other men; o, in other words, consolidated with other States. When the people of Virginia, at a future day, shall wish to alter their government, though they should be unanimous in this desire, yet they may be prevented therefrom by a despicable minority at the extremity of the United States. The founders of your own constitution made your government changeable: but the power of changing it is gone from you! Whither is it gone? It is placed in the same hands that hold the rights of twelve other States; and those, who hold those rights, have right and power to keep them. It is not the particular government of Virginia; one of the leading features of that government is, that a majority can alter it, when necessary for the public good. This government is not a Virginian, but an American government. Is it not therefore a consolidated government? The sixth clause of your bill of rights tells you, "That elections of members to serve as representatives of the people in Assembly, ought to be free, and that all men, having sufficient evidence of permanent, common interest with, and attachment to the community, have the right of suffrage, and cannot be taxed or deprived of their property, for public uses, without their own consent, or that of their representatives so elected, nor bound by any law to which they have not in like manner assented for the public good." But what does this constitution

The next clause of the bill of rights tells you, "That all power of suspending law, or the execution of laws, by any authority, without the consent of the representatives of the people, is injurious to their rights, and ought not to be exercised." This tells us that there can be no suspension of government, or laws, without our own consent; yet this constitution can counteract and suspend any of our laws, that contravene its oppressive operation; for they have the power of direct taxation, which suspends our bill of rights; and it is expressly provided, that they can make all laws necessary for carrying their powers into execution; and it is declared paramount to the laws and constitutions of the States. Consider how the only remaining defence, we have left, is destroyed in this manner. Besides the expenses of maintaining the Senate and other House in as much splendor as they please, there is to be a great and mighty president, with very extensive powers-the powers of a king. He is to be supported in extravagant magnificence: so that the whole of our property may be taken by this American government, by laying what taxes they please, giving themselves what salaries they please, and suspending our laws at their pleasure. I might be thought too inquisitive, but I believe I should take up but very little of your time in enumerating the little power that is left to the government of Virginia; for this power is reduced to little or nothing. Their garrisons, magazines, arsenals, and forts, which will be situated in the strongest places within the States-their ten miles square, with all the fine ornaments of human life, added to their powers, and taken from the States, will reduce the power of the latter to nothing. The voice of tradition, I trust, will inform posterity of our struggles forfreedom. If our descendants be worthy the name of Americans, they will preserve, and hand down to their latest posterity, the transactions of the present times; and though, I confess, my exclamations are not worthy the hearing, they will see that I have done my utmost to preserve their liberty: for I never will give up the power of direct taxation, but for a scourge. I am willing to give it conditionally; that is, after non-compliance with requisitions: I will do more, sir, and what I hope will convince the most sceptical man, that I am a lover of the American Union; that in case Virginia shall not make punctual payment, the control of our custom-houses, and the whole regulation