of trade, shall be given to Congress; and that | Virginia shall depend on Congress even for passports, till Virginia shall have paid the last farthing, and furnished the last soldier. Nay, sir, there is another alternative to which I would consent: even that they should strike us out of the Union, and take away from us all federal privileges, till we comply with federal requisitions; but let it depend upon our own pleasure to pay our money in the most easy manner for our people. Were all the States, more terrible than the mother country, to join against us, I hope Virginia could defend herself; but, sir, the dissolution of the Union is most abhorrent to my mind. The first thing I have at heart is American liberty; the second thing is American union; and I hope the people of Virginia will endeavor to preserve that union. The increasing population of the Southern States, is far greater than that of New England; consequently, in a short time, they will be far more numerous than the people of that country. Consider this, and you will find this State more particularly interested to support American liberty, and not bind our posterity by an improvident relinquishment of our rights. I would give the best security for a punctual compliance with requisitions; but I beseech gentlemen, at all hazards, not to grant this unlimited power of taxation. The honorable gentleman has told us that these powers given to Congress, are accompanied by a judiciary which will correct all. On examination, you will find this very judiciary oppressively constructed, your jury-trial destroyed, and the judges dependent on Congress. In this scheme of energetic government, the people will find two sets of tax-gatherers-the State and the federal sheriffs. This, it seems to me, will produce such dreadful oppression, as the people cannot possibly bear. The federal sheriff may commit what oppression, make what distresses, he pleases, and ruin you with impunity: for how are you to tie his hands? Have you any sufficient, decided means of preventing him from sucking your blood by speculations, commissions, and fees? Thus thousands of your people will be most shamefully robbed. Our State sheriffs, those unfeeling bloodsuckers, have, under the watchful eye of our legislature, committed the most horrid and barbarous ravages on our people. It has required the most constant vigilance of the legislature to keep them from totally ruining the people. A repeated succession of laws has been made, to suppress their iniquitous speculations and cruel extortions; and as often has their nefarious ingenuity devised methods of evading the force of those laws: in the struggle, they have generally triumphed over the legislature. It is a fact, that lands have sold for five shillings, which were worth one hundred pounds. If sheriffs, thus immediately under the eye of our State legislature and judiciary, have dared to commit these outrages, what would they not have done if their masters had been at Phila delphia or New York? If they perpetrate the most unwarrantable outrage, on your persons or property, you cannot get redress on this side of Philadelphia or New York: and how can you get it there? If your domestic avocations could permit you to go thither, there you must appeal to judges sworn to support this constitution in opposition to that of any State, and who may also be inclined to favor their own officers. When these harpies are aided by excisemen, who may search, at any time, your houses and most secret recesses, will the people bear it? If you think so, you differ from me. Where I thought there was a possibility of such mischiefs, I would grant power with a niggardly hand; and here there is a strong probability that these oppressions shall actually happen. I may be told, that it is safe to err on that side; because such regulations may be made by Congress, as shall restrain these officers, and because laws are made by our representatives, and judged by righteous judges: but, sir, as these regulations may be made, so they may not; and many reasons there are to induce a belief, that they will not: I shall therefore be an infidel on that point till the day of my death. This constitution is said to have beautiful features; but when I come to examine these features, sir, they appear to me horribly frightful. Among other deformities, it has an awful squinting; it squints towards monarchy: and does not this raise indignation in the breast of every true American? Your President may easily become king. Your Senate is so imperfectly constructed, that your dearest rights may be sacrificed by what may be a small minority: and a very small minority may continue for ever unchangeably this government, although horridly defective. Where are your checks in this government? Your strongholds will be in the hands of your enemies. It is on a supposition that your American governors shall be honest, that all the good qualities of this government are founded; but its defective and imperfect construction, puts it in their power to perpetrate the worst of mischiefs, should they be bad men. And, sir, would not all the world, from the eastern to the western hemisphere, blame our distracted folly in resting our rights upon the contingency of our rulers being good or bad? Show me that age and country where the rights and liberties of the people were placed on the sole chance of their rulers being good men, without a consequent loss of liberty. I say that the loss of that dearest privilege has ever followed, with absolute certainty, every such mad attempt. If your American chief be a man of ambition and abilities, how easy will it be for him to render himself absolute! The army is in his hands, and, if he be a man of address, it will be attached to him; and it will be the subject of long meditation with him to seize the first auspicious moment to accomplish his design. And, sir, will the American spirit solely relieve you when this happens? I would rather infinitely, and I am sure most of this 12 convention are of the same opinion, have a king, lords and commons, than a government so replete with such insupportable evils. If we make a king, we may prescribe the rules by which he shall rule his people, and interpose such checks as shall prevent him from infringing them: but the president in the field, at the head of his army, can prescribe the terms on which he shall reign master, so far that it will puzzle any American ever to get his neck from under the galling yoke. I cannot, with patience, think of this idea. If ever he violates the laws, one of two things will happen: he will come at the head of his army to carry every thing before him; or, he will give bail, or do what Mr. Chief Justice will order him. If he be guilty, will not the recollection of his crimes teach him to make one bold push for the American throne? Will not the immense difference between being master of every thing, and being ignominiously tried and punished, powerfully excite him to make this bold push? But, sir, where is the existing force to punish him? Can he not, at the head of his army, beat down every opposition? Away with your president, we shall have a king: the army will salute him monarch; your militia will leave you, and assist in making him king, and fight | against you: and what have you to oppose this force? What will then become of you and your rights? Will not absolute despotism ensue? [Here Mr. Henry strongly and pathetically expatiated on the probability of the president's enslaving America, and the horrid consequences that must result.] What can be more defective than the clause concerning the elections? The control given to Congress, over the time, place and manner of holding elections, will totally destroy the end of suffrage. The elections may be held at one place, and the most inconvenient in the state; or they may be at remote distances from those who have a right of suffrage: hence, nine out of ten must either not vote at all, or vote for strangers: for the most influential characters will be applied to, to know who are the most proper to be chosen. I repeat, that the control of Congress over the manner, &c. of electing, well warrants this idea. The natural consequence will be, that this democratic branch will possess none of the public confidence: the people will be prejudiced against representatives chosen in such an injudicious manner. The proceedings in the northern conclave will be hidden from the yeomanry of this country. We are told, that the yeas and nays shall be taken and entered on the journals: this, sir, will avail nothing: it may be locked up in their chests, and concealed for ever from the people; for they are not to publish what parts they think require secrecy; they may think, and will think, the whole requires it. Another beautiful feature of this constitution, is the publication, from time to time, of the receipts and expenditures of the public money. This expression, from time to time, is very indefinite and indeterminate: it may extend to a century. Grant that any of them are wicked, they may squander the public money so as to ruin you, and yet this expression will give you no redress. I say, they may ruin you; for where, sir, is the responsibility? The yeas and nays will show you nothing, unless they be fools as well as knaves; for, after having wickedly trampled on the rights of the people, they would act like fools indeed, were they to publish and divulge their iniquity, when they have it equally in their power to suppress and conceal it. Where is the responsibility-that leading principle in the British government? In that government, a punishment, certain and inevitable, is provided; but in this, there is no real, actual punishment for the grossest mal-administration. They may go without punishment, though they commit the most outrageous violation on our immunities. That paper may tell me they will be punished. I ask, by what law? They must make the law, for there is no existing law to do it. What will they make a law to punish themselves? This, sir, is my great objection to the constitution, that there is no true responsibility, and that the preservation of our liberty depends on the single chance of men being virtuous enough to make laws to punish themselves. In the country from which we are descended, they have real, and not imaginary responsibility; for there, mal-administration has cost their heads to some of the most saucy geniuses that ever were. The senate, by making treaties, may destroy your liberty and laws, for want of responsibility. Two-thirds of those that shall happen to be present, can, with the president, make treaties, that shall be the supreme law of the land: they may make the most ruinous treaties, and yet there is no punishment for them. Whoever shows me a punishment provided for them, will oblige me. So, sir, notwithstanding there are eight pillars, they want another. Where will they make another? I trust, sir, the exclusion of the evils wherewith this system is replete, in its present form, will be made a condition precedent to its adoption, by this or any other state. The transition from a general, unqualified admission to offices, to a consolidation of government, seems easy; for, though the American States are dissimilar in their structure, this will assimilate them: this, sir, is itself a strong consolidating feature, and is not one of the least dangerous in that system. Nine States are sufficient to establish this government over those nine. Imagine that nine have come into it. Virginia has certain scruples. Suppose she will consequently refuse to join with those States: may not they still continue in friendship and union with her? If she sends her annual requisitions in dollars, do you think their stomachs will be so squeamish as to refuse her dollars? Will they not accept her regiments? They would intimidate you into an inconsiderate adoption, and frighten you with ideal evils, and that the Union shall be dissolved. 'Tis a bugbear, sir: the fact is, sir, | the utmost care should be taken, to prevent its that the eight adopting States can hardly stand becoming oppressive; and this government is on their own legs. Public fame tells us, that of such an intricate and complicated nature, the adopting States have already heart-burnings that no man on this earth can know its real and animosity, and repent their precipitate operation. The other States have no reason to hurry: this, sir, may occasion exceeding great think, from the antecedent conduct of Virginia, mischief. When I reflect on these, and many that she has any intention of seceding from the other circumstances, I must think those States Union, or of being less active to support the will be found to be in confederacy with us. If general welfare. Would they not, therefore, we pay our quota of money annually, and fur- acquiesce in our taking time to deliberate-denish our ratable number of men, when neces-liberate whether the measure be not perilous, sary, I can see no danger from a rejection. not only for us, but the adopting States. PerThe history of Switzerland clearly proves, that mit me, sir, to say, that a great majority of the we might be in amicable alliance with those people, even in the adopting States, are averse States, without adopting this constitution. to this government. I believe I would be right Switzerland is a confederacy, consisting of dis- to say, that they have been egregiously misled. similar governments. This is an example, which Pennsylvania has, perhaps, been tricked into it. proves that governments, of dissimilar struc- If the other States, who have adopted it, have tures, may be confederated. That confederate not been tricked, still they were too much hurrepublic has stood upwards of four hundred ried into its adoption. There were very reyears; and, although several of the individual spectable minorities in several of them; and, if republics are democratic, and the rest aristo- reports be true, a clear majority of the people cratic, no evil has resulted from this dissimilar- are averse to it. If we also accede, and it ity, for they have braved all the power of should prove grievous, the peace and prosperity France and Germany, during that long period. of our country, which we all love, will be deThe Swiss spirit, sir, has kept them together; stroyed. This government has not the affection they have encountered and overcome immense of the people, at present. Should it be oppresdifficulties, with patience and fortitude. In the sive, their affection will be totally estranged vicinity of powerful and ambitious monarchs, from it-and, sir, you know, that a government they have retained their independence, repub- without their affections can neither be durable lican simplicity and valor. [Here Mr. Henry nor happy. I speak as one poor individual-but, drew a comparison between the people of that when I speak, I speak the language of thousands. country and those of France, and made a quo- But, sir, I mean not to breathe the spirit, nor tation from Addison, illustrating the subject.] utter the language of secession. Look at the peasants of that country, and of France, and mark the difference. You will find the condition of the former far more desirable and comfortable. No matter whether a people be great, splendid and powerful, if they enjoy freedom. The Turkish Grand Seignior, along-side of our president, would put us to disgrace: but we should be abundantly consoled for this disgrace, should our citizen be put in contrast with the Turkish slave. I have trespassed so long on your patience, I am really concerned that I have something yet to say. The honorable member has said that we shall be properly represented: remember, sir, that the number of our representatives is but ten, whereof six are a majority. Will those men be possessed of sufficient information? A particular knowledge of particular districts will not suffice. They must be well acquainted with agriculture, commerce, and a The most valuable end of government, is the great variety of other matters throughout the liberty of the inhabitants. No possible advan-continent; they must know not only the actual tages can compensate for the loss of this privi-state of nations in Europe and America, the lege. Show me the reason why the American situation of their farmers, cottagers and meUnion is to be dissolved. Who are those eight chanics, but also the relative situation and inadopting States? Are they averse to give us a tercourse of those nations. Virginia is as large little time to consider, before we conclude? as England. Our proportion of representatives Would such a disposition render a junction with is but ten men. In England they have five them eligible; or, is it the genius of that kind hundred and thirty. The House of Commons of government, to precipitate a people hastily in England, numerous as they are, we are told, into measures of the utmost importance, and is bribed, and have bartered away the rights of grant no indulgence? If it be, sir, is it for us their constituents: what then shall become of us? to accede to such a government? We have a Will these few protect our rights? Will they right to have time to consider-we shall there-be incorruptible? You say they will be better fore insist upon it. Unless the government be men than the English commoners. I say they amended, we can never accept it. The adopt-will be infinitely worse men, because they are ing States will doubtless accept our money and to be chosen blindfolded: their election (the our regiments; and what is to be the conse-term, as applied to their appointment, is inacquence, if we are disunited? I believe that it curate) will be an involuntary nomination, and is yet doubtful, whether it is not proper to not a choice. I have, I fear, fatigued the comstand by awhile, and see the effect of its adop-mittee, yet I have not said the one hundred tion in other States. In forming a government, thousandth part of what I h ve on my mind. and wish to impart. On this occasion, I con- | free and independent, and have certain inherent ceived myself bound to attend strictly to the rights, of which, when they enter into society, interests of the State; and I thought her dear- they cannot, by any compact, deprive or divest est rights at stake: having lived so long-been their posterity. We have a set of maxims of so much honored-my efforts, though small, are the same spirit, which must be beloved by due to my country. I have found my mind every friend to liberty, to virtue, to mankindhurried on from subject to subject, on this very our bill of rights contains those admirable great occasion. We have all been out of order, maxims. from the gentleman who opened to-day, to myself. I did not come prepared to speak on so multifarious a subject, in so general a manner. I trust you will indulge me another time. Before you abandon the present system, I hope you will consider not only its defects most maturely, but likewise those of that which you are to substitute for it. May you be fully apprised of the dangers of the latter, not by fatal experience, but by some abler advocate than I. On the seventh of June, Mr. Henry again continued his remarks. MR. CHAIRMAN: I have thought, and still think, that a full investigation of the actual sitnation of America ought to precede any decision on this great and important question. That government is no more than a choice among evils, is acknowledged by the most intelligent among mankind, and has been a standing maxim for ages. If it be demonstrated, that the adop- | tion of the new plan is a little or a trifling evil, then, sir, I acknowledge that adoption ought to follow: but, sir, if this be a truth, that its adoption may entail misery on the free people of this country, I then insist, that rejection ought to follow. Gentlemen strongly urge that its adoption will be a mighty benefit to us: but, sir, I am made of such incredulous materials, that assertions and declarations do not satisfy me. I must be convinced, sir. I shall retain my infidelity on that subject till I see our ties secured in a manner perfectly satisfactory to my understanding. Now, sir, I say, let us consider whether the picture given of American affairs ought to drive us from those beloved maxims. The honorable gentleman (Mr. Randolph) has said, that it is too late in the day for us to reject this new plan. That system which was once execrated by the honorable member, must now be adopted, let its defects be ever so glaring. That honorable member will not accuse me of want of candor, when I cast in my mind what he has given the public,* and compare it to what has happened since. It seems to me very strange and unaccountable, that what was the object of his execration should now receive his encomiums. Something extraordinary must have operated so great a change in his opinion. It is too late in the day! Gentlemen must excuse me, if they should declare again and again, that it is too late, and I should think differently. I never can believe, sir, that it is too late to save all that is precious. If it be proper, and, independently of every external consideration, wisely constructed, let us receive it: but, sir, shall its adoption by eight States induce us to receive it, if it be replete with the most dangerous defects? They urge, that subsequent amendments are safer than previous amendments, and that they will answer the same ends. At present, we have our liberties and our privileges in our own hands. Let us not relinquish them. Let us not adopt this system till we see them secured. There is some small posliber-sibility, that should we follow the conduct of Massachusetts, amendments might be obtained. There is a small possibility of amending any government: but, sir, shall we abandon our inestimable rights, and rest their security on a mere possibility? The gentleman fears the loss of the Union. If eight States have ratified it unamended, and we should rashly imitate their precipitate example, do we not thereby disunite from several other States? Shall those who have risked their lives for the sake of union, be at once thrown out of it? If it be amended, every State will accede to it; but by an imprudent adoption in its defective and dangerous state, a schism must inevitably be the consequence; I can never, therefore, consent to hazard our unalienable rights on an absolute uncertainty. You are told there is no peace, although you fondly flatter yourselves that all is peace-no peace; a general cry and alarm in the country; commerce, riches and wealth vanished; citizens going to seek comforts in other parts of the world; laws insulted; many in There are certain maxims, by which every wise and enlightened people will regulate their conduct. There are certain political maxims, which no free people ought ever to abandon: maxims, of which the observance is essential to the security of happiness. It is impiously irritating the avenging hand of Heaven, when a people, who are in the full enjoyment of freedom, launch out into the wide ocean of human affairs, and desert those maxims which alone can preserve liberty. Such maxims, humble as they are, are those only which can render a nation safe or formidable. Poor little humble republican maxims have attracted the admiration and engaged the attention of the virtuous and wise in all nations, and have stood the shock of ages. We do not now admit the validity of maxims which we once delighted in. We have since adopted maxims of a different, but more refined nature; new maxims, which tend to the prostration of republicanism. | Alluding to Mr. Randolph's letter on that subject, to the We have one, sir, that all men are by nature | Speaker of the House of Delegates. of Josiah Phillips. He has misrepresented the stances of tyrannical legislation. These things, | legislation, and an ex post facto law in the case The honorable member has given you an elaborate account of what he judges tyrannical The honorable member tells us then, that there are burnings and discontents in the hearts of our citizens in general, and that they are dissatisfied with their government. I have no doubt the honorable member believes this to be the case, because he says so. But I have the comfortable assurance, that it is a certain fact, that it is not so. The middle and lower ranks of people have not those illumined ideas which the well-born are so happily possessed of; they cannot so readily perceive latent objects. The microscopic eyes of modern statesmen can see abundance of defects in old systems; and their illumined imaginations discover the necessity of a change. They are captivated by the parade of the number ten; the charms of the ten miles square. Sir, Í fear this change will ultimately lead to our ruin. My fears are not the force of imagination; they are but too well founded. I tremble for my country: but, sir, I trust, I rely, and I am confident, that this political speculation has not taken so strong a hold of men's minds as some would make us believe. The dangers which may arise from our geographical situation, will be more properly considered a while hence. At present, what may be surmised on the subject, with respect to the adjacent States, is merely visionary. Strength, sir, is a relative term. When I reflect on the natural force of those nations that might be induced to attack us, and consider the difficulty of the attempt and uncertainty of the success, and compare thereto the relative strength of our country, I say that we are strong. We have no cause to fear from that quarter; we have nothing to dread from our neighboring States. The superiority of our cause would give us an advantage over them, were they so unfriendly or rash as to attack us. As to that part of the community which the honorable gentleman spoke of as in danger of being separated from us, what incitement or inducement could its inhabitants have to wish such an event? It is a matter of doubt whether they |