consideration.* THE FEDERAL CONSTITUTION. Mr. Randolph delivered the following speech | itors wearied with the tedious procrastination in the Convention of Virginia, on the sixth of of your legal process-a process obscured by legislative mists? Cast your eyes to your seaJune, 1788-the first and second sections of the ports, see how commerce languishes: this counfirst article of the Constitution being under try, so blessed by nature with every advantage that can render commerce profitable, through defective legislation, is deprived of all the benefits and emoluments she might otherwise reap from it. We hear many complaints on the subject of located lands-a variety of competitors claiming the same lands under legislative actspublic faith prostrated, and private confidence destroyed. I ask you if your laws are reverenced? In every well regulated community, the laws command respect. Are yours entitled to reverence? We not only see violations of the constitution, but of national principles in repeated instances. How is the fact? The history of the violations of the constitution extends from the year 1776, to this present timeviolations made by formal acts of the legislature; every thing has been drawn within the legislative vortex. There is one example of this violation in Virginia, of a most striking and shocking nature; an example so horrid, that if I conceived my country would passively permit a repetition of it, dear as it is to me, I would seek means of expatriating myself from it. A man, who was then a citizen, was deprived of his life, thus: from a mere reliance on general reports, a gentleman in the House of Delegates informed the House, that a certain man (Josiah Phillips) had committed several crimes, and was running at large, perpetrating other crimes; he therefore moved for leave to attaint him. MR. CHAIRMAN: I am a child of the Revolution. My country, very early indeed, took me under her protection at a time when I most wanted it; and by a succession of favors and honors, prevented even my most ardent wishes. I feel the highest gratitude and attachment to my country; her felicity is the most fervent prayer of my heart. Conscious of having exerted my faculties to the utmost in her behalf, if I have not succeeded in securing the esteem of my countrymen, I shall reap abundant consolation from the rectitude of my intentions: honors, when compared to the satisfaction accruing from a conscious independence and rectitude of conduct, are no equivalent. The unwearied study of my life, shall be to promote her happiness. As a citizen, ambition and popularity are no objects with me. I expect, in the course of a year, to retire to that private station which I most sincerely and cordially prefer to all others. The security of public justice, sir, is what I most fervently wish-as I consider that object to be the primary step to the attainment of public happiness. I can declare to the whole world, that in the part I take in this very important question, I am actuated by a regard for what I conceive to be our true interest. I can also, with equal sincerity, declare that I would join heart and hand in reHe obtained that leave instantly. jecting this system, did I conceive it would pro- No sooner did he obtain it, than he drew from mote our happiness: but having a strong con- his pocket a bill already written for that effect; viction on my mind, at this time, that, by a it was read three times in one day, and carried disunion, we shall throw away all those bless-to the Senate: I will not say that it passed the ings we have so earnestly fought for, and that a rejection of the constitution will operate disunion-pardon me if I discharge the obligation I owe to my country by voting for its adoption. We are told that the report of dangers is false. The cry of peace, sir, is false: say peace, when there is peace: it is but a sudden calm. The tempest growls over you-look around--wheresoever you look, you see danger. When there are so many witnesses, in many parts of America, that justice is suffocated, shall peace and happiness still be said to reign? Candor, sir, requires an undisguised representation of our situation. Candor, sir, demands a faithful exposition of facts. Many citizens have found justice strangled and trampled under foot, through the course of jurisprudence in this country. Are those who have debts due them, satisfied with your government? Are not cred Ante, pp. 13–164. + Mr. Randolph was at this time Governor of Virginia. same day through the Senate; but he was attainted very speedily and precipitately, without any proof better than vague reports! Without being confronted with his accusers and witnesses; without the privilege of calling for evidence in his behalf, he was sentenced to death, and was afterwards actually executed.* Was this arbitrary deprivation of life, the dearest gift of God to man, consistent with the genius of a republican government? Is this compatible with the spirit of freedom? This, sir, has made the deepest impression on my heart, and I cannot contemplate it without horror. There are still a multiplicity of complaints of the debility of the laws. Justice, in many instances, is so unattainable, that commerce may, in fact, be said to be stopped entirely. There is no peace, sir, in this land: can peace * Mr. Wirt has satisfactorily shown that this statement is founded in error. Life of Patrick Henry, page 291, et seq. exist with injustice, licentiousness, insecurity | and oppression? These considerations, independent of many others which I have not yet enumerated, would be a sufficient reason for the adoption of this constitution, because it secures the liberty of the citizen, his person and property, and will invigorate and restore commerce and industry. An additional reason to induce us to adopt it is that excessive licentiousness which has resulted from the relaxation of our laws, and which will be checked by this government. Let us judge from the fate of more ancient nations. Licentiousness has produced tyranny among many of them. It has contributed as much (if not more) as any other cause whatsoever, to the loss of their liberties. I have respect for the integrity of our legislators; I believe them to be virtuous: but as long as the defects of the constitution exist, so long will laws be imperfect. The honorable gentleman went on further, and said that the accession of eight States is not a reason for our adoption. Many other things have been alleged out of order; instead of discussing the system regularly, a variety of points are promiscuously debated, in order to make temporary impressions on the members. Sir, were I convinced of the validity of their arguments, I would join them heart and hand. Were I convinced that the accession of eight States did not render our accession also necessary to preserve the Union, I would not accede to it till it should be previously amended; but, sir, I am convinced that the Union will be lost by our rejection. Massachusetts has adopted it; she has recommended subsequent amendments; her influence must be very considerable to obtain them: I trust my countrymen have sufficient wisdom and virtue to entitle them to equal respect. Is it urged, that being wiser, we ought to prescribe amendments to the other States? I have considered this subject deliberately; wearied myself in endeavoring to find a possibility of preserving the Union, without our unconditional ratification; but, sir, in vain; I find no other means. I ask myself a variety of questions applicable to the adopting States, and I conclude, will they repent of what they have done? Will they acknowledge themselves in an error? Or will they recede to gratify Virginia? My prediction is that they will not. Shall we stand by ourselves, and be severed from the Union if amendments cannot be had? I have every reason for determining within myself that our rejection must dissolve the Union, and that that dissolution will destroy our political happiness. The honorable gentleman was pleased to draw out several other arguments, out of order: that this government would destroy the State governments, the trial by jury, &c., &c., and concluded, by an illustration of his opinion, by a reference to the confederacy of the Swiss. Let us argue with unprejudiced minds. He says that the trial by jury is gone; is this so? Although I have de clared my determination to give my vote for it, yet I shall freely censure those parts which appear to me reprehensible. The trial by jury, in criminal cases, is secured; in civil cases it is not so expressly secured as I could wish it; but it does not follow that Congress has the power of taking away this privilege, which is secured by the constitution of each State, and not given away by this constitution. I have no fear on this subject; Congress must regulate it so as to suit every State. I will risk my property on the certainty that they will institute the trial by jury in such manner as shall accommodate the conveniences of the inhabitants in every State; the difficulty of ascertaining this accommodation was the principal cause of its not being provided for. It will be the interest of the individua's composing Congress to put it on this convenient footing. Shall we not choose men respectable for their good qualities? Or can we suppose that men, tainted with the worst vices, will get into Congress? I beg leave to differ from the honorable gentleman, in another point. He dreads that great inconveniences will ensue from the federal court; that our citizens will be harassed by being carried thither. I cannot think that this power of the federal judiciary will necessarily be abused. The inconvenience here suggested being of a general nature, affecting most of the States, will, by general consent of the States, be removed; and, I trust, such regulations shall be made, in this case, as will accommodate the people in every State. The honorable gentleman instanced the Swiss cantons as an example, to show us the possibility, if not expediency, of being in amicable alliance with the other States, without adopting this system. Sir, references to history will be fatal in political reasoning, unless well guarded. Our mental ability is often so contracted, and powers of investigation so limited, that sometimes we adduce as an example in our favor what in fact militates against us. Examine the situation of that country comparatively to us. Its extent and situation are totally different from ours; it is surrounded by powerful, ambitious, and reciprocally jealous nations; its territory small, and the soil not very fertile. The peculiarity, sir, of their situation, has kept these cantons together, and not that system of alliance to which the gentleman seems to attribute the durability and felicity of their connection. [Here Mr. Randolph quoted some passages from Stanyard, illustrating his argument, and largely commented upon them; the effect of which was, that the narrow confines of that country rendered it very possible for a system of confederacy to accommodate those cantons, that would not suit the United States; that it was the fear of the ambitious and warlike nations that surrounded them, and the reciprocal jealousy of the other European powers, that rendered their union so durable; and that notwithstanding these circumstances, and their being a hardy race of people, yet such was the injudicious construction of their confederacy, be commensurate to the object. A less degree that very considerable broils sometimes inter-will defeat the intention, and a greater will rupted their harmony.] He then continued I have produced this example to show that we ought not to be amused with historical references which have no kind of analogy to the points under our consideration. We ought to confine ourselves to those points solely which have an immediate and strict similitude to the subject of our discussion. The reference made by the honorable gentleman over the way is extremely inapplicable to us. Are the Swiss cantons circumstanced as we are? Are we surrounded by formidable nations, or are we situated in any manner like them? We are not, sir. Then it naturally results that no such friendly intercourse as he flattered himself with could take place, in case of a dissolution of our Union. We are remotely situated from powerful nations, the dread of whose attack might impel us to unite firmly with one another; we are not situated in an inaccessible, strong position; we have to fear much from one another; we must soon feel the fatal effects of an imperfect system of union. subject the people to the depravity of rulers, who, though they are but the agents of the people, pervert their powers to their own emolument and ambitious views. Mr. Chairman, I am sorry to be obliged to detain the House, but the relation of a variety of matters renders it now unavoidable. I informed the House yesterday, before rising, that I intended to show the necessity of having a national government, in preference to the confederation; also, to show the necessity of con ceding the power of taxation, and of distinguishing between its objects; and I am the more happy, that I possess materials of information for that purpose. My intention then is, to satisfy the gentlemen of this committee, that a national government is absolutely indispensable, and that a confederacy is not eligible, in our present situation. The introductory step to this will be, to endeavor to convince the House of the necessity of the Union, and that the present confederation is actually inadequate and unamendable. The extent of the country is objected to, by the gentleman over the way, The honorable gentleman attacks the consti- as an insurmountable obstacle to the establishtution, as he thinks it contrary to our bill of ing a national government in the United States. rights. Do we not appeal to the people, by It is a very strange and inconsistent doctrine, whose authority all government is made? That to admit the necessity of the Union, and yet bill of rights is of no validity, because, I con- urge this last objection, which I think goes ceive, it is not formed on due authority. It is radically to the existence of the Union itself. not a part of our constitution; it has never se- If the extent of the country be a conclusive cured us against any danger; it has been re- argument against a national government, it is peatedly disregarded and violated. But we equally so against an union with the other must not discard the confederation, for the re- States. Instead of entering largely into a dismembrance of its past services. I am attached cussion of the nature and effect of the different to old servants. I have regard and tenderness kinds of government, or into an inquiry into for this old servant; but when reason tells us the particular extent of country, that may suit that it can no longer be retained without the genius of this or that government, I ask this throwing away all that it has gained us, and question-is this government necessary for the running the risk of losing every thing dear to safety of Virginia? Is the Union indispensable us, must we still continue our attachment? for our happiness? I confess it is imprudent Reason and my duty tell me not. Other gen- for any nation to form alliance with another, tlemen may think otherwise. But, sir, is it whose situation and construction of government not possible that men may differ in sentiments, are dissimilar with its own. It is impolitic and still be honest? We have an inquisition and improper for men of opulence to join their within ourselves that leads us not to offend so interest with men of indigence and chance. much against charity. The gentleman ex- But we are now inquiring, particularly, whether presses a necessity of being suspicious of those Virginia, as contradistinguished from the other who govern. I will agree with him in the ne- States, can exist without the Union-a hard cessity of political jealousy to a certain extent; question, perhaps, after what has been said. I but we ought to examine how far this political will venture, however, to say, she cannot. jealousy ought to be carried. I confess that a I shall not rest contented with asserting, I shall certain degree of it is highly necessary to the endeavor to prove. Look at the most powerful preservation of liberty; but it ought not to be nations on earth. England and France have extended to a degree which is degrading and had recourse to this expedient. Those counhumiliating to human nature; to a degree of tries found it necessary to unite with their imrestlessness and active disquietude sufficient to mediate neighbors, and this union has prevented disturb a community or preclude the possibility the most lamentable mischiefs. What divine of political happiness and contentment. Con- pre-eminence is Virginia possessed of, above fidence ought also to be equally limited. Wis-other States? Can Virginia send her navy and dom shrinks from extremes, and fixes on a medium as her choice. Experience and history, the least fallible judges, teach us that in forming a government, the powers to be given must thunder, to bid defiance to foreign nations? And can she exist without an union with her neighbors, when the most potent nations have found such an union necessary, not only to these be more deplorable? We shall be told of sister States, but from the arms of other nations. Have you no cause of fear from Spain, whose dominions border on your country? Every nation, every people, in our circumstances, have always had abundant cause to fear. Let us see the danger to be apprehended from France: let us suppose Virginia separated from the other States: as part of the former confederated States, she will owe France a very considerable sum-France will be as magnanimous as ever. France, by the law of nations, will have a right to demand the whole of her, or of the others. If France were to demand it, what would become of the property of America? Could she not destroy what little com their political felicity, but their national exist- | from the Union, shall our chance of having ence? Let us examine her ability. Although these be greater? Or, will not the want of it be impossible to determine, with accuracy, what degree of internal strength a nation ought to possess, to enable it to stand by itself; yet there are certain sure facts and circumstances, which demonstrate that a particular nation cannot stand singly. I have spoken with freedom, and, I trust, I have done it with decency; but I must also speak with truth. If Virginia can exist without the Union, she must derive that ability from one or other of these sources, If then, sir, Virginia, from her situation, is viz.: from her natural situation, or because she not inaccessible, or invulnerable, let us consider has no reason to fear from other nations. What if she be protected, by having no cause to fear is her situation? She is not inaccessible. She from other nations: has she no cause to fear? is not a petty republic, like that of St. Marino, You will have cause to fear, as a nation, if dissurrounded with rocks and mountains, with a united; you will not only have this cause to soil not very fertile, nor worthy the envy of fear from yourselves, from that species of popsurrounding nations. Were this, sir, her situ-ulation I have before mentioned, and your once ation, she might, like that petty state, subsist, separated from all the world. On the contrary, she is very accessible: the large, capacious bay of Chesapeake, which is but too excellently adapted for the admission of enemies, renders her very vulnerable. I am informed, and I believe rightly, because I derive my information from those whose knowledge is most respectable, that Virginia is in a very unhappy position, with respect to the access of foes by sea, though happily situated for commerce. This being her situation by sea, let us look at land. She has frontiers adjoining the States of Pennsylvania, Maryland and North Carolina. Two of those States have declared themselves members of the Union. Will she be inaccessi-merce we have? Could she not seize our ships, ble to the inhabitants of those States? Cast your eyes to the western country, that is inhabited by cruel savages, your natual enemies. Besides their natural propensity to barbarity, they may be excited, by the gold of foreign enemies, to commit the most horrid ravages on your people. Our great, increasing population, is one remedy to this evil; but, being scattered thinly over so extensive a country, how difficult it is to collect their strength, or defend the country. This is one point of weakness. I wish, for the honor of my countrymen, that it was the only one. There is another circumstance which renders us more vulnerable. Are we not weakened by the population of those whom we hold in slavery? The day may come, when they may make an impression upon us. Gentlemen who have been long accustomed to the contemplation of the subject, think there is a cause of alarm in this case. The number of those people, compared to that of the whites, is in an immense proportion: their number amounts to two hundred and thirty-six thousand, that of the whites only to three hundred and fifty-two thousand. Will the American spirit, so much spoken of, repel an invading enemy, or enable you to obtain an advantageous peace? Manufactures and military stores may afford relief to a country exposed: have we these at present? Attempts have been made to have these here. If we shall be separated and carry havoc and destruction before her on our shores? The most lamentable desolation would take place. We owe a debt to Spain also; do we expect indulgence from that quarter? That nation has a right to demand the debt due to it, and power to enforce that right, Will the Dutch be silent about the debt due to them? Is there any one pretension, that any of these nations will be patient? The debts due the British are also very considerable: these debts have been withheld contrary to treaty: if Great Britain will demand the payment of these debts peremptorily, what will be the consequence? Can we pay them if demanded? Will no danger result from a refusal? Will the British nation suffer their subjects to be stripped of their property? Is not that nation amply able to do its subjects justice? Will the resentment of that powerful and supercilious nation sleep for ever? If we become one, sole nation, uniting with our sister States, our means of defence will be greater; the indulgence for the payment of those debts will be greater, and the danger of an attack less probable. Moreover, vast quantities of lands have been sold, by citizens of this country, to Europeans, and these lands cannot be found. Will this fraud be countenanced or endured? Among so many causes of danger, shall we be secure, separated from our sister States? Weakness itself, sir, will invite some attack upon your country. Contemplate our situation deliberate- | of the most calamitous and deplorable nature, ly, and consult history: it will inform you, on one another. that people in our circumstances have ever Mr. Chairman, were we struck off from the been attacked, and successfully: open any page, Union, and disputes of the back lands should be and you will there find our danger truly de-renewed, which are of the most alarming napicted. If such a people had any thing, was it ture, and which must produce uncommon misnot taken? The fate which will befall us, I chiefs, can you inform me how this great subfear, sir, will be, that we shall be made a par-ject would be settled? Virginia has a large tition of. How will these, our troubles, be re- unsettled country; she has, at last, quieted it; moved? Can we have any dependence on but there are great doubts whether she has commerce? Can we make any computation taken the best way to effect it. If she has not, on this subject? Where will our flag appear? disagreeable consequences may ensue. I have So high is the spirit of commercial nations, that before hinted at some other causes of quarrel they will spend five times the value of the between the other States and us; particularly object, to exclude their rivals from a participa- the hatred that would be generated by comtion in commercial profits: they seldom regard mercial competition. I will only add, on that any expenses. If we should be divided from subject, that controversies may arise concernthe rest of the States, upon what footing would ing the fisheries, which must terminate in wars. our navigation in the Mississippi be? What Paper money may also be an additional source would be the probable conduct of France and of disputes. Rhode Island has been in one Spain? Every gentleman may imagine, in his continued train of opposition to national duties own mind, the natural consequences. To these and integrity; they have defrauded their credconsiderations, I might add many others of a itors by their paper money. Other States have similar nature. Were I to say, that the bound- also had emissions of paper money, to the ruin ary between us and North Carolina is not yet of credit and commerce. May not Virginia, at settled, I should be told that Virginia and that a future day, also recur to the same expedient? State go together. But what, sir, will be the Has Virginia no affection for paper money, or consequence of the dispute that may arise be- disposition to violate contracts? I fear she is tween us and Maryland, on the subject of Poto- as fond of these measures as most other States mac river? It is thought, Virginia has a right in the Union. The inhabitants of the adjacent to an equal navigation with them in that river. States would be affected by the depreciation of If ever it should be decided on grounds of prior paper money, which would assuredly produce right, their charter will inevitably determine it a dispute with those States. This danger is in their favor. The country called the North- taken away by the present constitution, as it ern Neck, will probably be severed from Vir- | provides "That no State shall emit bills of ginia. There is not a doubt but the inhabit- credit." Maryland has counteracted the policy ants of that part will annex themselves to of this State frequently, and may be meditating Maryland, if Virginia refuse to accede to the examples of this kind again. Before the revoUnion. The recent example of those regula-lution there was a contest about those back tions lately made respecting that territory, will illustrate that probability. Virginia will also be in danger of a conflict with Pennsylvania, on the subject of boundaries. I know that some gentlemen are thoroughly persuaded, that we have a right to those disputed boundaries: if we have such a right, I know not where it is to be found. lands, in which even government was a party; it was put an end to by the war. Pennsylvania was ready to enter into a war with us for the disputed lands near the boundaries, and nothing but the superior prudence of the man who was at the head of affairs in Virginia could have prevented it. I beg leave to remind you of the strength of Are we not borderers on States that will be Massachusetts and other States to the north, separated from us? Call to mind the history and what would their conduct be to us if disof every part of the world, where nations have united from them? In case of a conflict bebordered on one another, and consider the con- tween us and Maryland or Pennsylvania, they sequences of our separation from the Union. would be aided by the whole strength of the Peruse those histories, and you find such coun- more northern States; in short, by that of all tries to have ever been almost a perpetual the adopting States. For these reasons, I conscene of bloodshed and slaughter. The inhab-ceive, that if Virginia supposes she has no cause itants of one escaping from punishment into the other, protection given them, consequent pursuit, robbery, cruelty, and murder. A numerous standing army, that dangerous expedient, would be necessary, but not sufficient for the defence of such borders. Every gentleman will amplify the scene in his own mind. If you wish to know the extent of such a scene, look at the history of England and Scotland before the union; you will see their borderers continually committing depredations and cruelties, of apprehension, she will find herself in a fatal error. Suppose the American spirit in the fullest vigor in Virginia; what military preparations and exertions is she capable of making? The other States have upwards of three hundred and thirty thousand men capable of bearing arms; this will be a good army, or they can very easily raise a good army out of so great a number. Our militia amounts to fifty thousand; even stretching it to the improbable amount (urged by some) of sixty thousand; in |