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. [Ilere 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 have on my mind.

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 mankind—our bill of rights contains those admirable maxims.

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 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 ma- | turely, 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.

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 pos

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 adoption 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 liber-sibility, that should we follow the conduct of ties secured in a manner perfectly satisfactory to my understanding.

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

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.

legislation, and an ex post facto law in the case of Josiah Phillips. He has misrepresented the facts. That man was not executed by a tyran nical stroke of power; nor was he a Socrates. He was a fugitive murderer and an outlaw; a man who commanded an infamous banditti, at a time when the war was at the most perilous stage. He committed the most cruel and shocking barbarities. He was an enemy to the hu man name. Those who declare war against the human race, may be struck out of existence as soon as they are apprehended. He was not monies which are pointed out by the laws, in criminal cases. The enormity of his crimes did not entitle him to it. I am truly a friend to legal forms and methods; but, sir, the occasion warranted the measure. A, irate, an outlaw, or a common enemy to all mankind, may be put to death at any time. It is justified by the laws of nature and nations.

stances of tyrannical legislation. These things, sir, are new to me. He has made the discovery. As to the administration of justice, I believe that failures in commerce, &c., cannot be attributed to it. My age enables me to recollect its progress under the old government. I can justify it by saying, that it continues in the same manner in this State, as it did under the former government. As to other parts of the continent, I refer that to other gentlemen. As to the ability of those who administer it, I believe they would not suffer by a comparison with those who administered it un-executed according to those beautiful legal cereder the royal authority. Where is the cause of complaint if the wealthy go away? Is this, added to the other circumstances, of such enormity, and does it bring such danger over | this commonwealth, as to warrant so important and so awful a change, in so precipitate a manner? As to insults offered to the laws, I know of none. In this respect I believe this 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 be any loss to us by such a separation. Time 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 ernment 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

tions of others? Sir, were there nothing objectionable in it but that, I would vote against 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.

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 governgov-ments 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

order 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 | 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.

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 knowledge 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.

With respecto 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 borac-ders 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

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