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 will always operate against the States. Congress being the paramount, supreme power, must not be disappointed. Thus Congress will have an unlimited, unbounded command over the soul of this commonwealth. After satisfying their uncontrolled demands, what can be left for the States? Not a sufficiency even to defray the expense of their internal administration. 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. If we are to have one representative for every thirty thousand souls, it must be by implication. The constitution does not positively secure it. Even say it is a natural implication, why not give us a right to that proportion in express terms, in language that could not admit of evasions or subterfuges? If they can use implication for us, they can also use implication against us. We are giving power; they are getting power: judge, then, on which side the implication will be used. When we once put it in their option to assume constructive power, danger will follow. Trial by jury, and liberty of the press, are also on this foundation of implication. If they encroach on these rights, and you give your implication for a plea, you are cast; for they will be justified by the last part of it, which gives them full power "to make all laws which shall be necessary and proper to carry their powers into execution." Implication is dangerous, because it is unbounded: 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. Mr. Henry then declared a bill of rights indispensably necessary; that a general positive provision should be inserted in the new system, securing to the States and the people every right which was not conceded to the general government; and that every implication should be done away. It being now late, he concluded by observing, that he would resume the subject another time. On the 9th, Mr. Henry continued his remarks as follows: MR. CHAIRMAN: I find myself again constrained to trespass on the patience of this committee. I wish there was a prospect of union in our sentiments; so much time would not then be taken up. But when I review the magnitude of the subject under consideration, and of the dangers which appear to me in this new plan of government, and compare thereto my poor abilities to secure our rights, it will take much more time, in my poor unconnected way, to traverse the objectionable parts of it; there are friends here who will be abler than myself to make good these objections which to us appear well founded. If we recollect, on last Saturday, I made some observations on some of those dangers, which these gentlemen would fain persuade us hang over the citizens of this commonwealth, to induce us to change the government, and adopt the new plan. Unless there be great and awful dangers, the change is dangerous, and the experiment ought not to be made. In estimating the magnitude of these 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 dation for the people to rest their political salva- | might go further; I might say, not from public tion on. No government can flourish unless it authority, but good information, that his opinion be founded on the affection of the people. Un- is, that you reject this government. His charless gentlemen can be sure that this new system acter and abilities are in the highest estimais founded on that ground, they ought to stop tion; he is well acquainted, in every respect, their career. 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 obthat 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. 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.jects of greater importance to attend to us. On 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. 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 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 We are in the next place frightened by dansuggestions of such danger. This citizen has gers from Holland. We must change our govnot been in the airy regions of theoretic specu-ernment to escape the wrath of that republic. lation; 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 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 kind. We are presented with dangers of a very of that State to know the reasons of adopting uncommon nature. I am not acquainted with that system or understand its principles, in so the arts of painting. Some gentlemen have a very short a period after its formation? This peculiar talent for them. They are practised is the middle of June. Those transactions hapwith great ingenuity on this occasion. As a pened last August. The matter was circulated counterpart to what we have already been in- by every effort of industry, and the most pretimidated with, we are told, that some lands cipitate measures taken to hurry the people into have been sold which cannot be found; and that an adoption. Yet now, after having had several this will bring war on this country. Here the months since to investigate it, a very large part picture will not stand examination. Can it be of this community-a very great majority of supposed, that if a few land speculators and job- this community, do not understand it. I have bers have violated the principles of probity, that heard gentlemen of respectable abilities declare it will involve this country in war? Is there no they did not understand it. If after great pains, redress to be otherwise obtained, even admit-men of high learning, who have received the ting the delinquents and sufferers to be numer- aid of a regular education, do not understand ous? When gentlemen are thus driven to pro-it; if the people of Pennsylvania understood it duce imaginary dangers, to induce this conven- in so short a time, it must have been from tion to assent to this change, I am sure it will intuitive understandings, and uncommon acutenot be uncandid to say, that the change itself is ness of perception. Place yourselves in their situreally dangerous. Then the Maryland compact ation; would you fight your neighbors for considis broken, and will produce perilous conse-ering this great and awful matter? If you wish quences. I see nothing very terrible in this. The adoption of the new system will not remove the evil. Will they forfeit good neighborhood with us, because the compact is broken? Then the disputes concerning the Carolina line are to involve us in dangers. A strip of land running from the westward of the Alleghany to the Mississippi, is the subject of this pretended dispute. I do not know the length or breadth of this disputed spot. Have they not regularly confirmed our right to it and relinquished all claims to it? I can venture to pledge, that the people of Carolina will never disturb us. The strength of this despised country has settled an immense tract of country to the westward. Give me leave to remark, that the honorable gentleman's observations on our frontiers, north and south, east and west, are all inaccurate. for real amendments, such as the security of the trial by jury, it will reach the hearts of the people of that State. Whatever may be the disposition of the aristocratical politicians of that country, I know there are friends of human nature in that State. If so, they will never make war on those who make professions of what they are attached to themselves. As to the danger arising from borderers, it is mutual and reciprocal. If it be dangerous for Virginia, it is equally so for them. It will be their true interest to be united with us. The danger of our being their enemies, will be a prevailing argument in our favor. It will be as powerful to admit us into the Union, as a vote of adoption without previous amendments could possibly be. Then the savage Indians are to destroy us. We cannot look them in the face. The danger is here divided; they are as terrible to the other States as to us: but, sir, it is well known that we have nothing to fear from them. Our back settlers are considerably stronger than they, and their superiority increases daily. Suppose the States to be confederated all around us, what we want in number, we shall make up otherwise. Our compact situation and natural strength will secure us. But to avoid all dangers, we must take shelter under the federal government. Nothing gives a decided importance but this federal government. You will sip sorrow, according to the vulgar phrase, if you want any other security than the laws of Virginia. Will Maryland fight against this country for seeking amendments? Were there not sixty members in that State who went in quest of amendments? Sixty against eight or ten were in favor of pursuing amendments. Shall they fight us for doing what they themselves have done? They have sought amendments, but differently from the manner in which I wish amendments to be got. The honorable gentleman may plume himself on this difference. Will they fight us for this dissimilarity? Will they fight us for seeking the object they seek themselves? When they do, it will be time for me to hold my peace. Then, sir, comes Pennsylvania, in terrible array. Pennsyivania is to go in conflict with Virginia. Pennsylvania has been a good neighbor hereto- A number of characters of the greatest emifore. She is federal-something terrible: Vir- nence in this country, object to this governginia cannot look her in the face. If we suffi- ment, for its consolidating tendency. This is ciently attend to the actual situation of things, not imaginary. It is a formidable reality. If we will conclude that Pennsylvania will do consolidation proves to be as mischievous to what we do. A number of that country are this country as it has been to other countries, strongly opposed to it. Many of them have what will the poor inhabitants of this country lately been convinced of its fatal tendency. do? This government will operate like an They are disgorged of their federalism. I be- ambuscade. It will destroy the State governseech you to bring this matter home to your-ments, and swallow up the liberties of the selves. Was there a possibility for the people people, without giving them previous notice. If gentlemen are willing to run the hazard, let them run it; but I shall exculpate myself by my opposition, and monitory warnings within these walls. But then comes paper money. We are at peace on this subject. Though this is a thing which that mighty federal convention had no business with, yet I acknowledge that paper money would be the bane of this country. I detest it. Nothing can justify a people in resorting to it, but extreme necessity. It is at rest, however, in this commonwealth. It is no longer solicited or advocated. Sir, I ask you, and every other gentleman who hears me, if he can restrain his indignation at a system, which takes from the State legislatures the care and preservation of the interests of the people; one hundred and eighty representatives, the choice of the people of Virginia, cannot be trusted with their interests. They are a mobbish, suspected herd. This country has not virtue enough to manage its own internal interests. These must be referred to the chosen ten. If we cannot be trusted with the private contracts of the citizens, we must be depraved indeed. If he can prove, that, by one uniform system of abandoned principles, the legislature has betrayed the rights of the people, then let us seek another shelter. So degrading an indignity-so flagrant an outrage on the States-so vile a suspicion is humiliating to my mind, and many others. | the national expenses will be increased-if not Will the adoption of this new plan pay our debts? This, sir, is a plain question, It is inferred, that our grievances are to be redressed, and the evils of the existing system to be removed by the new constitution. Let me inform the honorable gentleman, that no nation ever paid its debts by a change of government, without the aid of industry. You never will pay your debts but by a radical change of domestic economy. At present, you buy too much, and make too little to pay. Will this new system promote manufactures, industry, and frugality? If, instead of this, your hopes and designs will be disappointed, you relinquish a great deal, and hazard infinitely more for nothing. Will it enhance the value of your lands? Will it lessen your burdens? Will your looms and wheels go to work by the act of adoption? If it will in its consequences produce these things, it will consequently produce a reform, and enable you to pay your debts. Gentlemen must prove it. I am a sceptic-an infidel on this point. I cannot conceive that it will have these happy consequences. I cannot confide in assertions and allegations. The evils that attend us, lie in extravagance and want of industry, and can only be removed by assiduity and economy. Perhaps we shall be told by gentle-importing States. New York is an importing men, that these things will happen, because the administration is to be taken from us, and placed in the hands of the luminous few, who will pay different attention, and be more studiously careful than we can be supposed to be. With respect to the economical operation of the new government, I will only remark, that State, and taking advantage of its situation, makes them pay duties for all the articles of their consumption: thus, these two States being obliged to import all they want, through the medium of New York, pay the particular taxes of that State. I know the force and effect of reasoning of this sort, by experience. When of that State to know the reasons of adopting that system or understand its principles, in so very short a period after its formation? This is the middle of June. Those transactions happened last August. The matter was circulated by every effort of industry, and the most precipitate measures taken to hurry the people into an adoption. Yet now, after having had several months since to investigate it, a very large part of this community-a very great majority of this community, do not understand it. I have heard gentlemen of respectable abilities declare they did not understand it. If after great pains, kind. We are presented with dangers of a very uncommon nature. I am not acquainted with the arts of painting. Some gentlemen have a peculiar talent for them. They are practised with great ingenuity on this occasion. As a counterpart to what we have already been intimidated with, we are told, that some lands have been sold which cannot be found; and that this will bring war on this country. Here the picture will not stand examination. Can it be supposed, that if a few land speculators and jobbers have violated the principles of probity, that it will involve this country in war? Is there no redress to be otherwise obtained, even admit-men of high learning, who have received the ting the delinquents and sufferers to be numerous? When gentlemen are thus driven to produce imaginary dangers, to induce this convention to assent to this change, I am sure it will not be uncandid to say, that the change itself is really dangerous. Then the Maryland compact is broken, and will produce perilous consequences. I see nothing very terrible in this. The adoption of the new system will not remove the evil. Will they forfeit good neighborhood with us, because the compact is broken? Then the disputes concerning the Carolina line are to involve us in dangers. A strip of land running from the westward of the Alleghany to the Mississippi, is the subject of this pretended dispute. I do not know the length or breadth of this disputed spot. Have they not regularly confirmed our right to it and relinquished all claims to it? I can venture to pledge, that the people of Carolina will never disturb us. The strength of this despised country has settled an immense tract of country to the westward. Give me leave to remark, that the honorable gentleman's observations on our frontiers, north and south, east and west, are all inaccurate. Will Maryland fight against this country for seeking amendments? Were there not sixty members in that State who went in quest of amendments? Sixty against eight or ten were in favor of pursuing amendments. Shall they fight us for doing what they themselves have done? They have sought amendments, but differently from the manner in which I wish amendments to be got. The honorable gentleman may plume himself on this difference. Will they fight us for this dissimilarity? Will they fight us for seeking the object they seek themselves? When they do, it will be time for me to hold my peace. Then, sir, comes Pennsylvania, in terrible array. Pennsylvania is to go in conflict with Virginia. Pennsylvania has been a good neighbor heretofore. She is federal-something terrible: Virginia cannot look her in the face. If we sufficiently attend to the actual situation of things, we will conclude that Pennsylvania will do what we do. A number of that country are strongly opposed to it. Many of them have lately been convinced of its fatal tendency. They are disgorged of their federalism. I beseech you to bring this matter home to yourselves. Was there a possibility for the people aid of a regular education, do not understand it; if the people of Pennsylvania understood it in so short a time, it must have been from intuitive understandings, and uncommon acuteness of perception. Place yourselves in their situation; would you fight your neighbors for considering this great and awful matter? If you wish for real amendments, such as the security of the trial by jury, it will reach the hearts of the people of that State. Whatever may be the disposition of the aristocratical politicians of that country, I know there are friends of human nature in that State. If so, they will never make war on those who make professions of what they are attached to themselves. As to the danger arising from borderers, it is mutual and reciprocal. If it be dangerous for Virginia, it is equally so for them. It will be their true interest to be united with us. The danger of our being their enemies, will be a prevailing argument in our favor. It will be as powerful to admit us into the Union, as a vote of adoption without previous amendments could possibly be. Then the savage Indians are to destroy us. We cannot look them in the face. The danger is here divided; they are as terrible to the other States as to us: but, sir, it is well known that we have nothing to fear from them. Our back settlers are considerably stronger than they, and their superiority increases daily. Suppose the States to be confederated all around us, what we want in number, we shall make up otherwise. Our compact situation and natural strength will secure us. But to avoid all dangers, we must take shelter under the federal government. Nothing gives a decided importance but this federal government. You will sip sorrow, according to the vulgar phrase, if you want any other security than the laws of Virginia. A number of characters of the greatest eminence in this country, object to this government, for its consolidating tendency. This is not imaginary. It is a formidable reality. If consolidation proves to be as mischievous to this country as it has been to other countries, what will the poor inhabitants of this country do? This government will operate like an ambuscade. It will destroy the State governments, and swallow up the liberties of the people, without giving them previous notice. |