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 France and Germany, during that long period. The Swiss spirit, sir, has kept them together; they have encountered and overcome immense difficulties, with patience and fortitude. In the vicinity of powerful and ambitious monarchs, they have retained their independence, republican simplicity and valor. [Here Mr. Henry drew a comparison between the people of that country and those of France, and made a quotation from Addison, illustrating the subject.] Look at the peasants of that country, and of I have trespassed so long on your patience, France, and mark the difference. You will I am really concerned that I have something find the condition of the former far more desir-yet to say. The honorable member has said able 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.

should prove grievous, the peace and prosperity of our country, which we all love, will be destroyed. This government has not the affection of the people, at present. Should it be oppressive, their affection will be totally estranged from it-and, sir, you know, that a government without their affections can neither be durable nor happy. I speak as one poor individual-but, when I speak, I speak the language of thousands. But, sir, I mean not to breathe the spirit, nor utter the language of secession.

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 have on my mind.

and wish to impart. On this occasion, I conceived myself bound to attend strictly to the interests of the State; and I thought her dearest rights at stake: having lived so long-been so much honored-my efforts, though small, are due to my country. I have found my mind hurried on from subject to subject, on this very great occasion. We have all been out of order, 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.

free and independent, and have certain inherent rights, of which, when they enter into society, they cannot, by any compact, deprive or divest their posterity. We have a set of maxims of the same spirit, which must be beloved by every friend to liberty, to virtue, to mankindour bill of rights contains those admirable maxims.

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 MR. CHAIRMAN: I have thought, and still his encomiums. Something extraordinary must think, that a full investigation of the actual sit-have operated so great a change in his opinion. uation of America ought to precede any deci- It is too late in the day! Gentlemen must exsion on this great and important question. That cuse me, if they should declare again and government is no more than a choice among again, that it is too late, and I should think difevils, is acknowledged by the most intelligent ferently. I never can believe, sir, that it is too among mankind, and has been a standing maxim late to save all that is precious. If it be proper, for ages. If it be demonstrated, that the adop- and, independently of every external consideration of the new plan is a little or a trifling evil, tion, wisely constructed, let us receive it: but, then, sir, I acknowledge that adoption ought sir, shall its adoption by eight States induce us to follow: but, sir, if this be a truth, that its to receive it, if it be replete with the most danadoption may entail misery on the free people gerous defects? They urge, that subsequent of this country, I then insist, that rejection amendments are safer than previous amendought to follow. Gentlemen strongly urge that ments, and that they will answer the same ends. its adoption will be a mighty benefit to us: but, At present, we have our liberties and our prisir, I am made of such incredulous materials, vileges in our own hands. Let us not relinthat assertions and declarations do not satisfy quish them. Let us not adopt this system till I must be convinced, sir. I shall retain we see them secured. There is some small posmy infidelity on that subject till I see our liber-sibility, that should we follow the conduct of ties secured in a manner perfectly satisfactory to my understanding.

me.

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.

We have one, sir, that all men are by nature

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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

* Alluding to Mr. Randolph's letter on that subject, to the Speaker of the House of Delegates.

stances of tyrannical legislation. These things, legislation, and an ex post facto law in the case sir, are new to me. He has made the discovery. of Josiah Phillips. He has misrepresented the As to the administration of justice, I believe facts. That man was not executed by a tyranthat failures in commerce, &c., cannot be at-nical stroke of power; nor was he a Socrates. tributed to it. My age enables me to recollect He was a fugitive murderer and an outlaw; a its progress under the old government. I can man who commanded an infamous banditti, at justify it by saying, that it continues in the a time when the war was at the most perilous same manner in this State, as it did under the stage. He committed the most cruel and shockformer government. As to other parts of the ing barbarities. He was an enemy to the hu continent, I refer that to other gentlemen. man name. Those who declare war against As to the ability of those who administer the human race, may be struck out of existence it, I believe they would not suffer by a com- as soon as they are apprehended. He was not parison with those who administered it un- executed according to those beautiful legal cereder the royal authority. Where is the cause monies which are pointed out by the laws, in of complaint if the wealthy go away? Is this, criminal cases. The enormity of his crimes did added to the other circumstances, of such not entitle him to it. I am truly a friend to enormity, and does it bring such danger over legal forms and methods; but, sir, the occasion this commonwealth, as to warrant so impor- warranted the measure. Airate, an outlaw, tant and so awful a change, in so precipitate a or a commл enemy to all marind, may be manner? As to insults offered to the laws, I put to death at any time. It is justified by the know of none. In this respect I believe this laws of nature and nations. commonwealth would not suffer by a comparison with the former government. The laws are as well executed, and as patiently acquiesced in, as they were under the royal administration. Compare the situation of the country; compare that of our citizens to what they were then, and decide whether persons and property are not as safe and secure as they were at that time. Is there a man in this commonwealth, whose person can be insulted with impunity? Cannot redress be had here for personal insults or injuries, as well as in any part of the world; as well as in those countries where aristocrats and monarchs triumph and reign? Is not the protection of property in full operation here? The contrary cannot, with truth, be charged on this commonwealth. Those severe charges which are exhibited against it, appear to me totally groundless. On a fair investigation, we shall be found to be surrounded by no real dangers. We have the animating fortitude and persevering alacrity of republican men, to carry us through misfortunes and calamities. 'Tis the fortune of a republic to be able to withstand the stormy ocean of human vicissitudes. I know of no danger awaiting us. Public and private security are to be found here in the highest degree. Sir, it is the fortune of a free people not to be intimidated by imaginary dangers. Fear is the passion of slaves. Our political and natural hemispheres are now equally tranquil. Let us recollect the awful magnitude of the subject of our deliberation. Let us consider the latent consequences of an erroneous decision, and let not our minds be led away by unfair misrepresentations and uncandid suggestions. There have been many instances of uncommon lenity and temperance used in the exercise of power in this commonwealth. I could call your recollection to many that happened during the war and since, but every gentleman here must be apprised of them.

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, I 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

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 it. I desire to have nothing to do with such find it their advantage and true interest to be men as will obstinately refuse to change their united with us. There is no danger of a dis- | opinions. Are our opinions not to be regardmemberment of our country, unless a constitu- ed? I hope that you will recollect that you tion be adopted which will enable the govern- are going to join with men who will pay no rement to plant enemies on our backs. By the spect even to this State. confederation, the rights of territory are se- Switzerland consists of thirteen cantons excured. No treaty can be made without the pressly confederated for national defence. They consent of nine States. While the consent of have stood the shock of four hundred years: nine States is necessary to the cession of terri- that country has enjoyed internal tranquillity tory, you are safe. If it be put in the power most of that long period. Their dissensions of a less number, you will most infallibly lose have been, comparatively to those of other the Mississippi. As long as we can preserve countries, very few. What has passed in the our unalienable rights, we are in safety. This neighboring countries? wars, dissensions and innew constitution will involve in its operation trigues-Germany involved in the most deplorathe loss of the navigation of that valuable river. ble civil war thirty years successively, continualThe honorable gentleman cannot be ignorant of ly convulsed with intestine divisions, and harthe Spanish transactions. A treaty had been assed by foreign wars-France with her mighty nearly entered into with Spain, to relinquish monarchy perpetually at war. Compare the that navigation, and that relinquishment would peasants of Switzerland with those of any other absolutely have taken place, had the consent of mighty nation; you will find them far more seven States been sufficient. The honorable happy: for one civil war among them, there gentleman told us then, that eight States hav- have been five or six among other nations: ing adopted this system, we cannot suppose their attachment to their country, and to freethey will recede on our account. I know not dom, their resolute intrepidity in their defence, what they may do; but this I know, that a the consequent security and happiness which people of infinitely less importance than those they have enjoyed, and the respect and awe of Virginia, stood the terror of war. Ver- which these things produced in their bordering mont, sir, withstood the terror of thirteen nations, have signalized those republicans. States. Maryland did not accede to the con- Their valor, sir, has been active; every thing federation till the year 1781. These two States, that sets in motion the springs of the human feeble as they are, comparatively to us, were heart, engaged them to the protection of their not afraid of the whole Union. Did either of inestimable privileges. They have not only sethese States perish? No, sir, they were admit- cured their own liberty, but have been the arted freely into the Union. Will not Virginia biters of the fate of other people. Here, sir, then be admitted? I flatter myself that those contemplate the triumph of republican governStates who have ratified the new plan of gov-ments over the pride of monarchy. I acknowernment will open their arms and cheerfully re-ledge, sir, that the necessity of national defence ceive 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

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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

of it, let us examine it. When we trusted the | ours on the ocean, or that nations, whose intergreat object of revising the confederation to ests come in contrast with ours, in the progress the greatest, the best and most enlightened of of their guilt, will perpetrate the vilest expediour citizens, we thought their deliberations ents to exclude us from a participation in comwould 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.