thing peculiar in one observation he made. He said that those who governed the cantons of Switzerland were purchased by foreign powers, which was the cause of their uneasiness and trouble.

How does this apply to us? If we adopt such a government as theirs, will it not be subject to the same inconvenience? Will not the same cause produce the same effect? What shall protect us from it? What is our security? He then proceeded to say, the causes of war are removed from us; that we are separated by the sea from the powers of Europe, and need not be alarmed. Sir, the sea makes them neighbors to us. Though an immense ocean divides us, we may speedily see them with us. What dangers may we not apprehend to our commerce! Does not our naval weakness invite an attack on our commerce? May not the Algerines seize our vessels? Cannot they, and every other predatory or maritime nation, pillage our ships and destroy our commerce, without subjecting themselves to any inconvenience? He would, he said, give the general government all necessary powers. If any thing be necessary, it must be so to call forth the strength of the Union when we may be attacked, or when the general purposes of America require it. The worthy gentleman then proceeded to show, that our present exigencies are greater than they will ever be again.

Who can penetrate into futurity? How can any man pretend to say that our future exigencies will be less than our present? The exigencies of nations have been generally commensurate to their resources. It would be the utmost impolicy to trust to a mere possibility of not being attacked, or obliged to exert the strength of the community. He then spoke of a selection of particular objects by Congress, which he says must necessarily be oppressive; that Congress, for instance, might select taxes, and that all but landholders would escape. Cannot Congress regulate the taxes so as to be equal on all parts of the community? Where is the absurdity of having thirteen revenues? Will they clash with, or injure, each other? If not, why cannot Congress make thirteen distinct laws, and impose the taxes on the general objects of taxation in each state, so as that all persons of the society shall pay equally, as they ought?

He then told you that your Continental government will

call forth the virtue and talents of America. This being the case, will they encroach on the power of the state governments? Will our most virtuous and able citizens wantonly attempt to destroy the liberty of the people? Will the most virtuous act the most wickedly? I differ in opinion from the worthy gentleman. I think the virtue and talents of the members of the general government will tend to the security, instead of the destruction, of our liberty. I think that the power of direct taxation is essential to the existence of the general government, and that it is safe to grant it. If this power be not necessary, and as safe from abuse as any delegated power can possibly be, then I say that the plan before you is unnecessary; for it imports not what system we have, unless it have the power of protecting us in time of peace and war.

Mr. HARRISON then addressed the chair, but spoke so low that he could not be distinctly heard. He observed, that the accusation of the General Assembly, with respect to Josiah Phillips, was very unjust; that he was a man who, by the laws of nations, was entitled to no privilege of trial, &c.; that the Assembly had uniformly been lenient and moderate in their measures; and that, as the debates of this Convention would probably be published, he thought it very unwarrantable to utter expressions here which might induce the world to believe that the Assembly of Virginia had committed murder. He added some observations on the plan of government; that it certainly would operate an infringement of the rights and liberties of the people; that he was amazed that gentlemen should attempt to misrepresent facts to persuade the Convention to adopt such a system; and that he trusted they would not ratify it as it then stood.

Mr. GEORGE NICHOLAS, in reply to Mr. Harrison, observed, that the turpitude of a man's character was not a sufficient reason to deprive him of his life without a trial; that such a doctrine as that was a subversion of every shadow of freedom; that a fair trial was necessary to determine whether accusations against men's characters were wellfounded or not; and that no person would be safe, were it once adopted as a maxim, that a man might be condemned without a trial. Mr. Nicholas then proceeded: Although we have sat eight days, so little has been done, that we have hardly begun to discuss the question regularly. The rule

of the house to proceed clause by clause has been violated. Instead of doing this, gentlemen alarm us by declamations without reason or argument-by bold assertions that we are going to sacrifice our liberties. It is a fact known to many members within my hearing, that several members have tried their interest without doors to induce others to oppose this system. Every local interest that could affect their minds has been operated upon.

Can it be supposed that gentlemen elected, for their ability and integrity, to represent the people of Virginia in this Convention, to determine on this important question, whether or not we shall be connected with the other states in the Union can it be thought, I say, that gentlemen in a situation like this will be influenced by motives like these? An answer which has been given is, that, if this Constitution be adopted, the western countries will be lost. It is better that a few countries should be lost, than all America. But, sir, no such consequence can follow from its adoption. They will be much more secure than they are at present. This Constitution, sir, will secure the equal liberty and happiness of all. It will do immortal honor to the gentlemen who formed it. I shall show the inconsistency of the gentleman who entertained us so long, (Mr. Henry.) He insisted that subsequent amendments would go to a dissolution of the Union; that Massachusetts was opposed to it in its present state. Massachusetts has absolutely ratified it, and has gone further, and said that such and such amendments shall be proposed by their representatives.

But such was the attachment of that respectable state to the Union, that, even at that early period, she ratified it unconditionally, and depended on the probability of obtaining amendments hereafter. Can this be a dissolution of the Union? Does this indicate an aversion to the Union on the part of that state? or can an imitation of her conduct injure us? He tells us that our present government is strong. How can that government be strong which depends on humble supplications for its support? Does a government which is dependent for its existence on others, and which is unable to afford protection to the people, deserve to be continued? But the honorable gentleman has no objections to see little storms in republics; they may be useful in the political as well as in the natural world. Every thing the great Creator

has ordained in the natural world is founded on consummate wisdom: but let him tell us what advantages convulsions, dissensions, and bloodshed, will produce in the political world. Can disunion be the means of securing the happiness of the people in this political hemisphere? The worthy member has enlarged on our bill of rights.

Let us see whether his encomiums on the bill of rights be consistent with his other arguments. Our declaration of rights says that all men are by nature equally free and independent. How comes the gentleman to reconcile himself to a government wherein there are an hereditary monarch and nobility? He objects to this change, although our present federal system is totally without energy. He objects to this system, because he says it will prostrate your bill of rights. Does not the bill of rights tell you that a majority of the community have an indubitable right to alter any government which shall be found inadequate to the security of the public happiness? Does it not say "that no free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles"? Have not the inadequacy of the present system, and repeated flagrant violations of justice, and the other principles recommended by the bill of rights, been amply proved? As this plan of government will promote our happiness and establish justice, will not its adoption be justified by the very principles of your bill of rights? But he has touched on a string which will have great effect. The western country is not safe if this plan be adopted. What do they stand in need of? Do they want protection from enemies? The present weak government cannot protect them. But the exercise of the congressional powers, proposed by this Constitution, will afford them ample security, because the general government can command the whole strength of the Union, to protect any particular part. There is another point wherein this government will set them right. I mean the western posts. This is a subject with which every gentleman here is acquainted. They have been withheld from us, since the peace, by the British. The violation of the treaty on our part authorizes this detention in some degree. The answer of the British minister to our demand of surrendering the posts was, that, as soon as

America should show a disposition to comply with the treaty on her part, Great Britain would do the same. By this Constitution, treaties will be the supreme law of the land. The adoption of it, therefore, is the only chance we have of getting the western posts.

As to the navigation of the Mississippi, it is one of the most unalienable rights of the people, and which ought to be relinquished on no consideration. The strength of the western people is not adequate to its retention and enjoyment. They can receive no aid from the Confederation. This navigation can only be secured by one of two ways-by force or by treaty. As to force, I apprehend that the new government will be much more likely to hold it than the old. It will be also more likely to retain it be means of treaties; because, as it will be more powerful and respectable, it will be more feared; and as they will have more power to injure Spain, Spain will be more inclined to do them justice, by yielding it, or by giving them an adequate compensation.

It was said that France and Spain would not be pleased to see the United States united in one great empire. Shall we remain feeble and contemptible to please them? Shall we reject our own interest to protect theirs? We shall be more able to discharge our engagements. This may be agreeable to them. There are many strong reasons to expect that the adoption of this system will be beneficial to the back country, and that their interest will be much better attended to under the new than under the old government. There are checks in this Constitution which will render the navigation of the Mississippi safer than it was under the Confederation. There is a clause which, in my opinion, will prohibit the general government from relinquishing that navigation. The 5th clause of the 9th section of the 1st article provides "that no preference shall be given, by any regulation of commerce or revenue, to the ports of one state over those of another." If Congress be expressly prohibited to give preference to the ports of one state over those of another, there is a strong implication that they cannot give preference to the ports of any foreign nation over those of a state. This will render it unconstitutional to give Spain a preference to the western country in the navigation of that river. They may say that this is a constrained construction, but it appears to me rational. It would be a violation of true policy to give such a