it. I desire to have nothing to do with such men as will obstinately refuse to change their opinions. Are our opinions not to be regarded? I hope that you will recollect that you are going to join with men who will pay no respect even to this State. would derive any advantage to themselves, or | tions of others? Sir, were there nothing obbe any loss to us by such a separation. Time jectionable in it but that, I would vote against has been, and may yet come, when they will find it their advantage and true interest to be united with us. There is no danger of a dismemberment of our country, unless a constitution be adopted which will enable the government to plant enemies on our backs. By the confederation, the rights of territory are secured. No treaty can be made without the consent of nine States. While the consent of nine States is necessary to the cession of territory, you are safe. If it be put in the power of a less number, you will most infallibly lose the Mississippi. As long as we can preserve our unalienable rights, we are in safety. This new constitution will involve in its operation the loss of the navigation of that valuable river. The honorable gentleman cannot be ignorant of the Spanish transactions. A treaty had been nearly entered into with Spain, to relinquish that navigation, and that relinquishment would absolutely have taken place, had the consent of seven States been sufficient. The honorable gentleman told us then, that eight States having adopted this system, we cannot suppose they will recede on our account. I know not what they may do; but this I know, that a people of infinitely less importance than those of Virginia, stood the terror of war. Vermont, sir, withstood the terror of thirteen States. Maryland did not accede to the confederation till the year 1781. These two States, feeble as they are, comparatively to us, were not afraid of the whole Union. Did either of these States perish? No, sir, they were admitted freely into the Union. Will not Virginia then be admitted? I flatter myself that those States who have ratified the new plan of government will open their arms and cheerfully receive us, although we should propose certain amendments as the conditions on which we would ratify it. During the late war, all the States were in pursuit of the same object. To obtain that object, they made the most strenuous exertions. They did not suffer trivial considerations to impede its acquisition. Give me leave to say, that if the smallest States in the Union were admitted into it, after having unreasonably procrastinated their accession, the greatest and most mighty State in the Union will be easily admitted, when her reluctance to an immediate accession to this system is founded on the most reasonable grounds. When I call this the most mighty State in the Union, do I not speak the truth? Does not Virginia surpass every State in the Union, in number of inhabitants, extent of territory, felicity of position, and affluence and wealth? Some infatuation hangs over men's minds, that they will inconsiderately precipitate into measures the most important, and give not a moment's deliberation to others, nor pay any respect to their opinions. Is this federalism? Are these the beloved effects of the federal spirit, that its votaries will never accede to the just proposi Switzerland consists of thirteen cantons expressly confederated for national defence. They have stood the shock of four hundred years: that country has enjoyed internal tranquillity most of that long period. Their dissensions have been, comparatively to those of other countries, very few. What has passed in the neighboring countries? wars, dissensions and intrigues-Germany involved in the most deplorable civil war thirty years successively, continually convulsed with intestine divisions, and harassed by foreign wars-France with her mighty monarchy perpetually at war. Compare the peasants of Switzerland with those of any other mighty nation; you will find them far more happy: for one civil war among them, there have been five or six among other nations: their attachment to their country, and to freedom, their resolute intrepidity in their defence, the consequent security and happiness which they have enjoyed, and the respect and awe which these things produced in their bordering nations, have signalized those republicans. Their valor, sir, has been active; every thing that sets in motion the springs of the human heart, engaged them to the protection of their inestimable privileges. They have not only secured their own liberty, but have been the arbiters of the fate of other people. Here, sir, contemplate the triumph of republican governments over the pride of monarchy. I acknowledge, sir, that the necessity of national defence has prevailed in invigorating their councils and arms, and has been, in a considerable degree, the means of keeping these honest people together. But, sir, they have had wisdom enough to keep together and render themselves formidable. Their heroism is proverbial. They would heroically fight for their government, and their laws. One of the illumined sons of these times would not fight for those objects. Those virtuous and simple people have not a mighty and splendid president, nor enormously expensive navies and armies to support. No, sir, those brave republicans have acquired their reputation no less by their undaunted intrepidity, than by the wisdom of their frugal and economical policy. Let us follow their example, and be equally happy. The honorable member advises us to adopt a measure which will destroy our bill of rights: for, after hearing his picture of nations, and his reasons for abandoning all the powers retained to the States by the confederation, I am more firmly persuaded of the impropriety of adopting this new plan in its present shape. I had doubts of the power of those who went to the convention; but now we are possessed ours on the ocean, or that nations, whose interests come in contrast with ours, in the progress of their guilt, will perpetrate the vilest expedients to exclude us from a participation in comorder to avoid this evil, to adopt a constitution, which will enable such nations to obtain their ends by the more easy mode of contaminating the principles of our senators? Sir, if our senators will not be corrupted, it will be because they will be good men; and not because the constitution provides against corruption; for there is no real check secured in it, and the most abandoned and profligate acts may with impunity be committed by them. of it, let us examine it. When we trusted the great object of revising the confederation to the greatest, the best and most enlightened of our citizens, we thought their deliberations would have been solely confined to that revi-mercial advantages? Does he advise us, in sion. Instead of this, a new system, totally different in its nature, and vesting the most extensive powers in Congress, is presented. Will the ten men you are to send to Congress, be more worthy than those seven were? If power grew so rapidly in their hands, what may it not do in the hands of others? If those who go from this State will find power accompanied with temptation, our situation must be truly critical. When about forming a government, if we mistake the principles, or commit any other error, the very circumstance promises that power will be abused. The greatest caution and circumspection are therefore necessary; nor does this proposed system in its investigation here, deserve the least charity. The honorable member says, that the national government is without energy. I perfectly agree with him: and when he cried out union, I agreed with him: but I tell him not to mistake the end for the means. The end is union; the most capital means, I suppose, are an army and navy: on a supposition I will acknowledge this; still the bare act of agreeing to that paper, though it may have an amazing influence, will not pay our millions. There must be things to pay debts. What these things are, or how they are to be produced, must be determined by our political wisdom and economy. The honorable gentleman alleges, that previous amendments will prevent the junction of our riches from producing great profits and emoluments, (which would enable us to pay our public debts,) by excluding us from the Union. I believe, sir, that a previous ratification of a system notoriously and confessedly defective, will endanger our riches, our liberty, our all. Its defects are acknowledged; they cannot be denied. The reason offered by the honorable gentleman for adopting this defective system, is the adoption by eight States. I say, sir, that, if we present nothing but what is reasonable in the shape of amendments, they will receive us. Union is as necessary for them as for us. Will they then be so unreasonable as not to join us? If such be their disposition, I am happy to know it in time. The honorable member then observed, that nations will expend millions for commercial advantages; that is, they will deprive you of every advantage if they can. Apply this another way. Their cheaper way, instead of laying out millions in making war upon you, will be to corrupt your senators. I know that if they be not above all price, they may make a sacrifice of our commercial interests. They may advise your president to make a treaty that will not only sacrifice all your commercial interests, but throw prostrate your bill of rights. Does he fear that their ships will outnumber With respect to Maryland, what danger from thence? I know none. I have not heard of any hostility premeditated or committed. Ninetenths of the people have not heard of it. Those who are so happy as to be illumined, have not informed their fellow-citizens of it. I am so valiant as to say, that no danger can come from that source, sufficient to make me abandon my republican principles. The honorable gentleman ought to have recollected, that there were no tyrants in America, as there are in Europe: the citizens of republican borders are only terrible to tyrants: instead of being dangerous to one another, they mutually support one another's liberties. We might be confederated with the adopting States, without ratifying this system. No form of government renders a people more formidable. A confederacy of States joined together, becomes strong as the United Netherlands. The government of Holland (execrated as it is) proves that the present confederation is adequate to every purpose of human association. There are seven provinces confederated together for a long time, containing numerous opulent cities and many of the finest ports in the world. The recollection of the situation of that country, would make me execrate monarchy. The singular felicity and success of that people, are unparalleled; freedom has done miracles there in reclaiming land from the ocean. It is the richest spot on the face of the globe. Have they no men or money? Have they no fleets or armies? Have they no arts or sciences among them? How did they repel the attacks of the greatest nations in the world? How have they acquired their amazing influence and power? Did they consolidate government, to effect these purposes as we do? No, sir, they have triumphed over every obstacle and difficulty, and have arrived at the summit of political felicity, and of uncommon opulence, by means of a confederacy; that very government which gentlemen affect to despise. They have, sir, avoided a consolidation as the greatest of evils. They have lately, it is true, made one advance in that fatal progression. This misfortune burst on them by iniquity and artifice. That stadtholder, that executive magistrate, contrived it, in conjunction with other European nations. It was not the choice of the people. Was it owing to his energy that this happened? If two provinces | have paid nothing, what have not the rest done? And have not these two provinces made other exertions? Ought they, to avoid this inconvenience, to have consolidated their different States, and have a ten miles square? Compare that little spot, nurtured by liberty, with the fairest country in the world. Does not Holland possess a powerful navy and army, and a full treasury? They did not acquire these by debasing the principles and trampling on the rights of their citizens. Sir, they acquired these by their industry, economy, and by the freedom of their government. Their commerce is the most extensive in Europe; their credit is unequalled; their felicity will be an eternal monument of the blessings of liberty; every nation in Europe is taught by them what they are, and what they ought to be. The contrast between those nations and this happy people, is the most splendid spectacle for republicans, the greatest cause of exultation and triumph to the sons of freedom. While other nations, precipitated by the rage of ambition or folly, have, in the pursuit of the most magnificent projects, riveted the fetters of bondage on themselves and their descendants, these republicans have secured their political happiness and freedom. Where is there a nation to be compared to them? Where is there now, or where was there ever a nation, of so small a territory, and so few in number, so powerful, so wealthy, so happy? What is the cause of this superiority? Liberty, sir, the freedom of their government. Though they are now unhappily in some degree consolidated, yet they have my acclamations, when put in contrast with those millions of their fellow-men who lived and died slaves. The dangers of a consolidation ought to be guarded against in this country. I shall exert my poor talents to ward them off. Dangers are to be apprehended in whatever manner we proceed; but those of a consolidation are the most destructive. Let us leave no expedient untried to secure happiness; but whatever be our decision, I am consoled, if American liberty will remain entire only for half a century; and I trust that mankind in general, and our posterity in particular, will be compensated for every anxiety we now feel. Another gentleman tells us, that no inconvenience will result from the exercise of the power of taxation by the general government; that two shillings out of ten may be saved by the impost; and that four shillings may be paid to the federal collector, and four to the State collector. A change of government will not pay money. If from the probable amount of the impost, you take the enormous and extravagant expenses, which will certainly attend the support of this great consolidated government, I believe you will find no reduction of the public burdens by this new system. The splendid maintenance of the president and of the members of both Houses; and the salaries and fees of the swarm of officers and dependants on the government, will cost this continent immense sums. Double sets of collectors will double the expense. To these are to be added oppres sive excisemen and custom-house officers. Sir, the people have an hereditary hatred to customhouse officers. The experience of the mother country leads me to detest them. They have introduced their baneful influence into the administration, and destroyed one of the most beautiful systems that ever the world saw. Our forefathers enjoyed liberty there, while that system was in its purity, but it is now contaminated by influence of every kind. The style of the government (we the people) was introduced, perhaps, to recommend it to the people at large; to those citizens who are to be levelled and degraded to the lowest degree, who are likened to a herd, and who, by the operation of this blessed system, are to be transformed from respectable, independent citizens, to abject, dependent subjects or slaves. The honorable gentleman has anticipated what we are to be reduced to, by degradingly assimilating our citizens to a herd. Here Mr. Randolph rose, and declared that he did not use that word to excite any odium, but merely to convey the idea of a multitude. Mr. Henry replied, that it made a deep impression on his mind, and that he verily believed, that system would operate as he had said. [He then continued]-I will exchange that abominable word for requisitions; requisitions which gentlemen affect to despise, have nothing degrading in them. On this depends our political prosperity. I never will give up that darling word, requisitions; my country may give it up; a majority may wrest it from me, but I will never give it up till my grave. Requisitions are attended with one singular advantage. They are attended by deliberation. They secure to the States the benefit of correcting oppressive errors. If our assembly thought requisitions erroneous, if they thought the demand was too great, they might at least supplicate Congress to reconsider, that it was a little too much. The power of direct taxation was called by the honorable gentleman the soul of the government: another gentleman called it the lungs of the government. We all agree, that it is the most important part of the body politic. If the power of raising money be necessary for the general government, it is no less so for the States. If money be the vitals of Congress, is it not precious for those individuals from whom it is to be taken? Must I give my soul, my lungs, to Congress? Congress must have our souls; the State must have our souls. This is dishonorable and disgraceful. These two coordinate, interfering, unlimited powers of har assing the community, are unexampled-unprecedented in history; they are the visionary projects of modern politicians: tell me not of imaginary means, but of reality: this political solecism will never tend to the benefit of the community. It will be as oppressive in practice as it is absurd in theory. If you part from this, right to bind us in all cases whatsoever. This constructive power we opposed, and successfully. Thirteen or fourteen years ago, the most important thing that could be thought of, was to exclude the possibility of construction and implication. These, sir, were then deemed perilous. The first thing that was thought of, was a bill of rights. We were not satisfied with your constructive argumentative rights. which the honorable gentleman tells you is the | By a bold implication, they said they had a soul of Congress, you will be inevitably ruined. I tell you, they shall not have the soul of Virginia. They tell us, that one collector may collect the federal and State taxes. The general government being paramount to the State legislatures, if the sheriff is to collect for both-his right hand for the Congress, his left for the State his right hand being paramount over the left, his collections will go to Congress. We will have the rest. Deficiencies in collections Mr. Henry then declared a bill of rights inwill always operate against the States. Con- dispensably necessary; that a general positive gress being the paramount, supreme power, provision should be inserted in the new system, must not be disappointed. Thus Congress will securing to the States and the people every have an unlimited, unbounded command over right which was not conceded to the general the soul of this commonwealth. After satisfy-government; and that every implication should ing their uncontrolled demands, what can be be done away. It being now late, he concluded left for the States? Not a sufficiency even to by observing, that he would resume the subject defray the expense of their internal administra- another time. tion. They must therefore glide imperceptibly and gradually out of existence. This, sir, must naturally terminate in a consolidation. If this will do for other people, it never will do for me. On the 9th, Mr. Henry continued his remarks as follows: MR. CHAIRMAN: I find myself again constrainIf we are to have one representative for ed to trespass on the patience of this committee. every thirty thousand souls, it must be by im- I wish there was a prospect of union in our plication. The constitution does not positively sentiments; so much time would not then be secure it. Even say it is a natural implication, taken up. But when I review the magnitude why not give us a right to that proportion in of the subject under consideration, and of the express terms, in language that could not admit dangers which appear to me in this new plan of evasions or subterfuges? If they can use of government, and compare thereto my poor implication for us, they can also use implication abilities to secure our rights, it will take much against us. We are giving power; they are more time, in my poor unconnected way, to getting power: judge, then, on which side the traverse the objectionable parts of it; there are implication will be used. When we once put friends here who will be abler than myself to it in their option to assume constructive power, make good these objections which to us appear danger will follow. Trial by jury, and liberty well founded. If we recollect, on last Saturday, of the press, are also on this foundation of im- I made some observations on some of those plication. If they encroach on these rights, dangers, which these gentlemen would fain and you give your implication for a plea, you persuade us hang over the citizens of this comare cast; for they will be justified by the last monwealth, to induce us to change the governpart of it, which gives them full power "to ment, and adopt the new plan. Unless there make all laws which shall be necessary and be great and awful dangers, the change is danproper to carry their powers into execution." gerous, and the experiment ought not to be Implication is dangerous, because it is un-made. In estimating the magnitude of these bounded if it be admitted at all, and no limits be prescribed, it admits of the utmost extension. They say, that every thing that is not given is retained. The reverse of the proposition is true by implication. They do not carry their implication so far when they speak of the general welfare. No implication when the sweeping clause comes. Implication is only necessary when the existence of privileges is in dispute. The existence of powers is sufficiently established. If we trust our dearest rights to implication, we shall be in a very unhappy situation. dangers, we are obliged to take a most serious view of them, to feel them, to handle them, and to be familiar with them. It is not sufficient to feign mere imaginary dangers; there must be a dreadful reality. The great question between us is, does that reality exist? These dangers are partially attributed to bad laws, execrated by the community at large. It is said the people wish to change the government. I should be happy to meet them on that ground. Should the people wish to change it, we should be innocent of the dangers. It is a fact, that the people do not wish to change their governImplication in England has been a source of ment. How am I to prove it? It will rest on dissension. There has been a war of implica- my bare assertion, unless supported by an intion between the king and people. For one ternal conviction in men's breasts. My poor hundred years did the mother country struggle say-so is a mere nonentity. But, sir, I am under the uncertainty of implication. The persuaded that four-fifths of the people of Virpeople insisted that their rights were implied: ginia must have amendments to the new plan, the monarch denied the doctrine. Their bill of to reconcile them to a change of their governrights in some degree terminated the dispute. I ment. Our assertions form but a slippery foun 2 dation for the people to rest their political salvation on. No government can flourish unless it be founded on the affection of the people. Unless gentlemen can be sure that this new system is founded on that ground, they ought to stop their career. I will not repeat what the gentlemen say, but will mention one thing. There is a dispute between us and the Spaniards, about the right of navigating the Mississippi. This dispute has sprung from the federal government. I wish a great deal to be said on this subject. I wish to know the origin and progress of the business, as it would probably unfold great dangers. In my opinion, the preservation of that river calls for our most serious consideration. It has been agitated in Congress. Seven States have voted so as that it is known to the Spaniards, that under our existing system the Mississippi shall be taken from them. Seven States wished to relinquish this river to them. The six Southern States opposed it. Seven States not being sufficient to convey it away, it remains now ours. If I am wrong, there are a number on this floor who can contradict the facts; I will readily retract. This new government, I conceive, will enable those States, who have already discovered their inclination that way, to give away this river. Will the honorable gentleman advise us to relinquish this inestimable navigation, and place formidable enemies to our backs? This weak, this poor confederation cannot secure us. We are resolved to take shelter under the shield of federal authority in America. The southern parts of America have been protected by that weakness so much execrated. I hope this will be explained. I was not in Congress when these transactions took place. I may not have stated every fact. I may have misrepresented matters. I hope to be fully acquainted with every thing relative to the subject. Let us hear how the great and important right of navigating that river has been attended to; and whether I am mistaken in my opinion, that federal measures will lose it to us for ever. If a bare majority of Congress can make laws, the situation of our western citizens is dreadful. We are threatened with danger for the nonpayment of the debt due to France. We have information from an illustrious citizen of Virginia, who is now in Paris, which disproves the suggestions of such danger. This citizen has not been in the airy regions of theoretic speculation; our ambassador is this worthy citizen. The ambassador of the United States of America is not so despised as the honorable gentleman would make us believe. A servant of a republic is as much respected as that of a monarch. The honorable gentleman tells us, that hostile fleets are to be sent to make reprisals upon us; our ambassador tells you, that the king of France has taken into consideration to enter into commercial regulations on reciprocal terms with us, which will be of peculiar advantage to us. Does this look like hostility? I | might go further; I might say, not from public authority, but good information, that his opinion is, that you reject this government. His character and abilities are in the highest estimation; he is well acquainted, in every respect, with this country; equally so with the policy of the European nations. This illustrious citizen advises you to reject this government, till it be amended. His sentiments coincide entirely with ours. His attachment to, and services done for this country, are well known. At a great distance from us, he remembers and studies our happiness. Living amidst splendor and dissipation, he thinks yet of bills of rightsthinks of those little despised things called maxims. Let us follow the sage advice of this common friend of our happiness. It is little usual for nations to send armies to collect debts. The house of Bourbon, that great friend of America, will never attack her for the unwilling delay of payment. Give me leave to say, that Europe is too much engaged about objects of greater importance to attend to us. On that great theatre of the world the little American matters vanish. Do you believe, that the mighty monarch of France, beholding the greatest scenes that ever engaged the attention of a prince of that country, will divert himself from those important objects, and now call for a settlement of accounts with America? This proceeding is not warranted by good sense. The friendly disposition to us, and the actual situation of France, render the idea of danger from that quarter absurd. Would this countryman of ours be fond of advising us to a measure which he knew to be dangerous, and can it be reasonably supposed, that he can be ignorant of any premeditated hostility against this country? The honorable gentleman may suspect the account, but I will do our friend the justice to say that he would warn us of any danger from France. Do you suppose the Spanish monarch will risk a contest with the United States, when his feeble colonies are exposed to them? Every advance the people here make to the westward, makes him tremble for Mexico and Peru. Despised as we are among ourselves under our present government, we are terrible to that monarchy. If this be not a fact, it is generally said so. We are in the next place frightened by dangers from Holland. We must change our government to escape the wrath of that republic. Holland groans under a government like this new one. A stadtholder, sir, a Dutch president has brought on that country miseries which will not permit them to collect debts with fleets or armies. The wife of a Dutch stadtholder brought one hundred thousand men against that republic, and prostrated all opposition. This president will bring miseries on us like those of Holland. Such is the condition of European affairs, that it would be unsafe for them to send fleets or armies to collect debts. But here, sir, they make a transition to objects of another |