pression, "but each State shall at least have | manifested the most cordial acquiescence in execution of the laws? What could be r awful, than their unanimous acquiescence u general distresses? Is there any revolutio Virginia? Whither is the spirit of Ame gone? Whither is the genius of America f It was but yesterday, when our enemies mar in triumph through our country. Yet the their pompous armaments: they stopped career, and victoriously captured them: w is the peril now, compared to that? 1 one representative." Now is it not clear that, from the first expression, the number might be reduced so much, that some States should have no representative at all, were it not for the insertion of this last expression? And as this is the only restriction upon them, we may fairly conclude that they may restrain the number to one from each State. Perhaps the same hor-ple of this country could not be appalled rors may hang over my mind again. I shall be told I am continually afraid: but, sir, I have strong cause of apprehension. In some parts of the plan before you, the great rights of free- Some minds are agitated by foreign ala men are endangered, in other parts absolutely Happily for us, there is no real danger f taken away. How does your trial by jury Europe; that country is engaged in more a stand? In civil cases gone-not sufficiently se-ous business; from that quarter, there is cured in criminal-this best privilege is gone. cause of fear: you may sleep in safety for But we are told that we need not fear, because for them. Where is the danger? If, sir, t those in power being our representatives, will was any, I would recur to the American s not abuse the powers we put in their hands. I to defend us-that spirit which has enable am not well versed in history, but I will sub- to surmount the greatest difficulties: to mit to your recollection, whether liberty has illustrious spirit I address my most fer been destroyed most often by the licentiousness prayer, to prevent our adopting a system of the people, or by the tyranny of rulers. I structive to liberty. Let not gentlemen be t imagine, sir, you will find the balance on the that it is not safe to reject this governm side of tyranny. Happy will you be, if you Wherefore is it not safe? We are told t miss the fate of those nations, who, omitting to are dangers; but those dangers are ideal; resist their oppressors, or negligently suffering cannot be demonstrated. To encourage u their liberty to be wrested from them, have adopt it, they tell us that there is a plain, groaned under intolerable despotism! Most of way of getting amendments. When I com the human race are now in this deplorable con- contemplate this part, I suppose that I am n dition. And those nations who have gone in or, that my countrymen are so. The way search of grandeur, power and splendor, have amendment is, in my conception, shut. Le also fallen a sacrifice, and been the victims of consider this plain, easy way. 66 The Congr their own folly. While they acquired those whenever two-thirds of both houses shall d visionary blessings, they lost their freedom. it necessary, shall propose amendments to My great objection to this government is, that constitution; or, on the application of the le it does not leave us the means of defending our latures of two-thirds of the several States, s rights, or of waging war against tyrants. It call a convention for proposing amendme is urged by some gentlemen, that this new plan which, in either case, shall be valid to all will bring us an acquisition of strength; an tents and purposes, as part of this constitut army, and the militia of the States. This is an when ratified by the legislatures of three-fou idea extremely ridiculous: gentlemen cannot of the several States, or by conventions in th be in earnest. This acquisition will trample on fourths thereof, as the one or the other m your fallen liberty. Let my beloved Americans of ratification may be proposed by the Congr guard against that fatal lethargy that has per- Provided, that no amendment which may vaded the universe. Have we the means of re-made prior to the year 1808, shall, in any m sisting disciplined armies, when our only defence, ner, affect the first and fourth clauses in the militia, is put into the hands of Congress? ninth section of the first article; and that The honorable gentleman said, that great State, without its consent, shall be deprived danger would ensue, if the convention rose its equal suffrage in the Senate." Hence it without adopting this system. I ask, where is pears, that three-fourths of the States m that danger? I see none. Other gentlemen ultimately agree to any amendments that have told us, within these walls, that the Union be necessary. Let us consider the consequer is gone or, that the Union will be gone. Is of this. However uncharitable it may app not this trifling with the judgment of their yet I must express my opinion, that the m fellow-citizens? Till they tell us the ground of unworthy characters may get into power their fears, I will consider them as imaginary. prevent the introduction of amendments. I rose to make inquiry where those dangers us suppose, (for the case is supposable, possi were; they could make no answer: I believe I and probable,) that you happen to deal th never shall have that answer. Is there a dis-powers to unworthy hands; will they relinqu position in the people of this country to revolt against the dominion of laws? Has there been a single tumult in Virginia? Have not the people of Virginia, when laboring under the severest pressure of accumulated distresses, powers already in their possession, or agre amendments? Two-thirds of the Congress of the State legislatures, are necessary ever propose amendments. If one-third of these unworthy men, they may prevent the appli tion for amendments; but a destructive and mischievous feature is, that three-fourths of the State legislatures, or of the State conventions, must concur in the amendments when proposed. In such numerous bodies, there must necessarily be some designing, bad men. To suppose that so large a number as three-fourths of the States will concur, is to suppose that they will possess genius, intelligence and integrity, approaching to miraculous. It would, indeed, be miraculous, that they should concur in the same amendments, or, even in such as would bear some likeness to one another. For four of the smallest States, that do not collectively contain onetenth part of the population of the United States, may obstruct the most salutary and necessary amendments. Nay, in these four states, six-tenths of the people may reject these amendments; and suppose, that amendments shall be opposed to amendments, (which is highly probable,) is it possible, that threefourths can ever agree to the same amendments? A bare majority in these four small States, may hinder the adoption of amendments; so that we may fairly and justly conclude, that one-twentieth part of the American people may prevent the removal of the most grievous inconveniences and oppression, by refusing to accede to amendments. A trifling minority may reject the most salutary amendments. Is this an easy mode of securing the public liberty? It is, sir, a most fearful situation, when the most contemptible minority can prevent the alteration of the most oppressive government; for it may, in many respects, prove to be such. Is this the spirit of republicanism? What, sir, is the genius of democracy? Let me read that clause of the Bill of Rights of Virginia which relates to this: 3d clause; "That government is, or ought to be, instituted for the common benefit, protection and security of the people, nation, or community. Of all the various modes and forms of government, that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of mal-administration, and that whenever any government shall be found inadequate, or contrary to these purposes, a majority of the community hath an indubitable, unalienable and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal." This, sir, is the language of democracy that a majority of the community have a right to alter their government when found to be oppressive: but how different is the genius of your new constitution from this! How different from the sentiments of freemen, that a contemptible minority can prevent the good of the majority! If then, gentlemen, standing on this ground, are come to that point, that they are willing to bind themselves and their posterity to be oppressed, I am amazed and inexpressibly astonished. If this be the opinion of the majority, I must submit; but to me, sir, it appears perilous and destructive; I cannot help thinking so: perhaps it may be the result of my age; these may be feelings natural to a man of my years, when the American spirit has left him, and his mental powers, like the members of the body, are decayed. If, sir, amendments are left to the twentieth, or to the tenth part of the people of America, your liberty is gone for ever. We have heard that there is a great deal of bribery practised in the House of Commons in England; and that many of the members raise themselves to preferments, by selling the rights of the people. But, sir, the tenth part of that body cannot continue oppressions on the rest of the people. English liberty is, in this case, on a firmer foundation than American liberty. It will be easily contrived to procure the opposition of one-tenth of the people to any alteration, however judicious. The honorable gentleman who presides, told us, that to prevent abuses in our government, we will assemble in convention, recall our delegated powers, and punish our servants for abusing the trust reposed in them. Oh, sir, we should have fine times indeed, if to punish tyrants, it were only sufficient to assemble the people. Your arms, wherewith you could defend yourselves, are gone; and you have no longer an aristocratical, no longer a democratical spirit. Did you ever read of any revolution in any nation, brought about by the punishment of those in power, inflicted by those who had no power at all? You read of a riot act in a country which is called one of the freest in the world, where a few neighbors cannot assemble without the risk of being shot by a hired soldiery, the engines of despotism. We may see such an act in America. A standing army we shall have also, to execute the execrable commands of tyranny: and how are you to punish them? Will you order them to be punished? Who shall obey these orders? Will your mace-bearer be a match for a disciplined regiment? In what situation are we to be? The clause before you gives a power of direct taxation, unbounded and unlimited; exclusive power of legislation in all cases whatsoever, for ten miles square, and over all places purchased for the erection of forts, magazines, arsenals, dock-yards, &c. What resistance could be made? The attempt would be madness. You will find all the strength of this country in the hands of your enemies: those garrisons will naturally be the strongest places in the country. Your militia is given up to Congress also, in another part of this plan: they will therefore act as they think proper: all power will be in their own possession: you cannot force them to receive their punishment. Of what service would militia be to you, when most probably you will not have a single musket in the state? For, as arms are to be provided by Congress, they may, or may not, furnish them. Let us here call your attention to that part which gives the Congress power "To provide for organizing, arming and disciplining the militia, and for governing such parts of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by Congress." By this, sir, you see that their control over our last and best defence is unlimited. If they neglect or refuse to discipline or arm our militia, they will be useless: the states can do neither, this power being exclusively given to Congress. The power of appointing officers over men not disciplined or armed, is ridiculous: so that this pretended little remnant of power, left to the States, may, at the pleasure of Congress, be rendered nugatory. Our situation will be deplorable indeed: nor can we ever expect to get this government amended; since I have already shown, that a very small minority may prevent it, and that small minority interested in the continuance of the oppression. Will the oppressor let go the oppressed? Was there ever an instance? Can the annals of mankind exhibit one single example, where rulers, overcharged with power, willingly let go the oppressed, though solicited and requested most earnestly? The application for amendments will therefore be fruitless. Sometimes the oppressed have got loose by one of those bloody struggles that desolate a country. But a willing relinquishment of power is one of those things which human nature never was, nor ever will be, capable of. The honorable gentleman's observations, respecting the people's right of being the agents in the formation of this government, are not accurate, in ny humble conception. The distinction between a national government and a confederacy, is not sufficiently discerned. Had the delegates, who were sent to Philadelphia, a power to propose a consolidated government instead of a confederacy? Were they not deputed by States, and not by the people? The assent of the people, in their collective capacity, is not necessary to the formation of a federal government. The people have no right to enter into leagues, alliances, or confederations: they are not the proper agents for this purpose: States and sovereign powers are the only proper agents for this kind of government. Show me an instance where the people have exercised this business: has it not always gone through the legislatures? I refer you to the treaties with France, Holland, and other nations: how were they made? Were they not made by the States? Are the people, therefore, in their aggregate capacity, the proper persons to form a confederacy? This, therefore, ought to depend on the consent of the legislatures; the people have never sent delegates to make any proposition of changing the government. Yet I must say, at the same time, that it was made on grounds the most pure, and perhaps I might have been brought to consent to it, so far as to the change of government; but there is one thing in it, which I never would acquiesce in. I mean, the changing it into a consolidated government, which is so abhorrent to my mind. The honorable gentleman then went on the figure we make with foreign nations; contemptible one we make in France and H land, which, according to the substance of notes, he attributes to the present feeble g ernment. An opinion has gone forth, we fi that we are a contemptible people: the ti has been when we were thought otherwi Under this same despised government, we co manded the respect of all Europe: wheref are we now reckoned otherwise? The Am can spirit has fled from hence: it has gone regions, where it has never been expected has gone to the people of France, in search a splendid government-a strong, energetic g ernment. Shall we imitate the example of th nations, who have gone from a simple t splendid government? Are those nations m worthy of our imitation? What can make adequate satisfaction to them for the loss t have suffered in attaining such a governmen for the loss of their liberty? If we admit consolidated government, it will be because like a great and splendid one. Some way other we must be a great and mighty emp we must have an army, and a navy, and a n ber of things. When the American spirit in its youth, the language of America was ferent: liberty, sir, was then the primary obj We are descended from a people whose gov ment was founded on liberty: our glorious f fathers, of Great Britain, made liberty the fo dation of every thing. That country is bec a great, mighty and splendid nation; not cause their government is strong and energe but, sir, because liberty is its direct end foundation. We drew the spirit of liberty f our British ancestors; by that spirit we triumphed over every difficulty. But now, the American spirit, assisted by the ropes chains of consolidation, is about to convert country into a powerful and mighty empire you make the citizens of this country agre become the subjects of one great consolid empire of America, your government will have sufficient energy to keep them toget such a government is incompatible with the nius of republicanism. There will be no che no real balances, in this government. can avail your specious, imaginary balan your rope-dancing, chain-rattling, ridicu ideal checks and contrivances? But, sir, are not feared by foreigners; we do not n nations tremble. Would this constitute ha ness, or secure liberty? I trust, sir, our p cal hemisphere will ever direct its operation the security of those objects. Consider situation, sir; go to the poor man, ask what he does; he will inform you that h joys the fruits of his labor, under his own tree, with his wife and children around hir peace and security. Go to every other me of the society, you will find the same tra ease and content; you will find no alarn disturbances! Why then tell us of danger terrify us into the adoption of this new for V government? And yet who knows the dangers | say? The clause under consideration gives an that this new system may produce? They are unlimited and unbounded power of taxation. out of the sight of the common people: they Suppose every delegate from Virginia opposes cannot foresee latent consequences. I dread the a law laying a tax, what will it avail? They operation of it on the middling and lower classes are opposed by a majority; eleven members can of people: it is for them I fear the adoption of destroy their efforts: those feeble ten cannot this system. I fear I tire the patience of the prevent the passing the most oppressive taxcommittee, but I beg to be indulged with a few law. So that in direct opposition to the spirit more observations. and express language of your declaration of rights, you are taxed, not by your own consent, but by people who have no connection with you. When I thus profess myself an advocate for the liberty of the people, I shall be told, I am a designing man, that I am to be a great man, that I am to be a demagogue; and many similar illiberal insinuations will be thrown out; but, sir, conscious rectitude outweighs these things with me. I see great jeopardy in this new government: I see none from our present one. I hope some gentleman or other will bring forth, in full array, those dangers, if there be any, that we may see and touch them; I have said that I thought this a consolidated government: I will now prove it. Will the great rights of the people be secured by this government? Suppose it should prove oppressive, how can it be altered? Our bill of rights declares, "That a majority of the community hath an indubitable, unalienable and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal." I have just proved, that one-tenth, or less, of the people of America-a most despicable minority, may prevent this reform, or alteration. Suppose the people of Virginia should wish to alter their government, can a majority of them do it? No, because they are connected with other men; o, in other words, consolidated with other States. When the people of Virginia, at a future day, shall wish to alter their government, though they should be unanimous in this desire, yet they may be prevented therefrom by a despicable minority at the extremity of the United States. The founders of your own constitution made your government changeable: but the power of changing it is gone from you! Whither is it gone? It is placed in the same hands that hold the rights of twelve other States; and those, who hold those rights, have right and power to keep them. It is not the particular government of Virginia; one of the leading features of that government is, that a majority can alter it, when necessary for the public good. This government is not a Virginian, but an American government. Is it not therefore a consolidated government? The sixth clause of your bill of rights tells you, "That elections of members to serve as representatives of the people in Assembly, ought to be free, and that all men, having sufficient evidence of permanent, common interest with, and attachment to the community, have the right of suffrage, and cannot be taxed or deprived of their property, for public uses, without their own consent, or that of their representatives so elected, nor bound by any law to which they have not in like manner assented for the public good." But what does this constitution The next clause of the bill of rights tells you, "That all power of suspending law, or the execution of laws, by any authority, without the consent of the representatives of the people, is injurious to their rights, and ought not to be exercised." This tells us that there can be no suspension of government, or laws, without our own consent; yet this constitution can counteract and suspend any of our laws, that contravene its oppressive operation; for they have the power of direct taxation, which suspends our bill of rights; and it is expressly provided, that they can make all laws necessary for carrying their powers into execution; and it is declared paramount to the laws and constitutions of the States. Consider how the only remaining defence, we have left, is destroyed in this manner. Besides the expenses of maintaining the Senate and other House in as much splendor as they please, there is to be a great and mighty president, with very extensive powers-the powers of a king. He is to be supported in extravagant magnificence: so that the whole of our property may be taken by this American government, by laying what taxes they please, giving themselves what salaries they please, and suspending our laws at their pleasure. I might be thought too inquisitive, but I believe I should take up but very little of your time in enumerating the little power that is left to the government of Virginia; for this power is reduced to little or nothing. Their garrisons, magazines, arsenals, and forts, which will be situated in the strongest places within the States-their ten miles square, with all the fine ornaments of human life, added to their powers, and taken from the States, will reduce the power of the latter to nothing. The voice of tradition, I trust, will inform posterity of our struggles forfreedom. If our descendants be worthy the name of Americans, they will preserve, and hand down to their latest posterity, the transactions of the present times; and though, I confess, my exclamations are not worthy the hearing, they will see that I have done my utmost to preserve their liberty: for I never will give up the power of direct taxation, but for a scourge. I am willing to give it conditionally; that is, after non-compliance with requisitions: I will do more, sir, and what I hope will convince the most sceptical man, that I am a lover of the American Union; that in case Virginia shall not make punctual payment, the control of our custom-houses, and the whole regulation of trade, shall be given to Congress; and that | Virginia shall depend on Congress even for passports, till Virginia shall have paid the last farthing, and furnished the last soldier. Nay, sir, there is another alternative to which I would consent: even that they should strike us out of the Union, and take away from us all federal privileges, till we comply with federal requisitions; but let it depend upon our own pleasure to pay our money in the most easy manner for our people. Were all the States, more terrible than the mother country, to join against us, I hope Virginia could defend herself; but, sir, the dissolution of the Union is most abhorrent to my mind. The first thing I have at heart is American liberty; the second thing is American union; and I hope the people of Virginia will endeavor to preserve that union. The increasing population of the Southern States, is far greater than that of New England; consequently, in a short time, they will be far more numerous than the people of that country. Consider this, and you will find this State more particularly interested to support American liberty, and not bind our posterity by an improvident relinquishment of our rights. I would give the best security for a punctual compliance with requisitions; but I beseech gentlemen, at all hazards, not to grant this unlimited power of taxation. The honorable gentleman has told us that these powers given to Congress, are accompanied by a judiciary which will correct all. On examination, you will find this very judiciary oppressively constructed, your jury-trial destroyed, and the judges dépendent on Congress. In this scheme of energetic government, the people will find two sets of tax-gatherers-the State and the federal sheriffs. This, it seems to me, will produce such dreadful oppression, as the people cannot possibly bear. The federal sheriff may commit what oppression, make what distresses, he pleases, and ruin you with impunity: for how are you to tie his hands? Have you any sufficient, decided means of preventing him from sucking your blood by speculations, commissions, and fees? Thus thousands of your people will be most shamefully robbed. Our State sheriffs, those unfeeling bloodsuckers, have, under the watchful eye of our legislature, committed the most horrid and barbarous ravages on our people. It has required the most constant vigilance of the legislature to keep them from totally ruining the people. A repeated succession of laws has been made, to suppress their iniquitous speculations and cruel extortions; and as often has their nefarious ingenuity devised methods of evading the force of those laws: in the struggle, they have generally triumphed over the legislature. It is a fact, that lands have sold for five shillings, which were worth one hundred pounds. If sheriffs, thus immediately under the eye of our State legislature and judiciary, have dared to commit these outrages, what would they not have done if their masters had been at Phila Whe delphia or New York? If they perpetrate most unwarrantable outrage, on your person property, you cannot get redress on this si Philadelphia or New York: and how can get it there? If your domestic avocations c permit you to go thither, there you must ap to judges sworn to support this constitutio opposition to that of any State, and who also be inclined to favor their own offi When these harpies are aided by excise who may search, at any time, your houses most secret recesses, will the people bear If you think so, you differ from me. thought there was a possibility of such chiefs, I would grant power with a nigga hand; and here there is a strong probab that these oppressions shall actually happen may be told, that it is safe to err on that s because such regulations may be made by gress, as shall restrain these officers, and cause laws are made by our representatives, judged by righteous judges: but, sir, as t regulations may be made, so they may and many reasons there are to induce a be that they will not: I shall therefore be an del on that point till the day of my death. This constitution is said to have beau features; but when I come to examine t features, sir, they appear to me horribly fri ful. Among other deformities, it has an a squinting; it squints towards monarchy: does not this raise indignation in the brea every true American? Your President easily become king. Your Senate is so im fectly constructed, that your dearest rights be sacrificed by what may be a small minor and a very small minority may continue for unchangeably this government, although ridly defective. Where are your checks in government? Your strongholds will be in hands of your enemies. It is on a suppos that your American governors shall be ho that all the good qualities of this governi are founded; but its defective and impe construction, puts it in their power to perpet the worst of mischiefs, should they be men. And, sir, would not all the world, 1 the eastern to the western hemisphere, b our distracted folly in resting our rights the contingency of our rulers being goo bad? Show me that age and country w the rights and liberties of the people placed on the sole chance of their rulers 1 good men, without a consequent loss of lib I say that the loss of that dearest privileg ever followed, with absolute certainty, e such mad attempt. If your American chi a man of ambition and abilities, how easy it be for him to render himself absolute! army is in his hands, and, if he be a ma address, it will be attached to him; and it be the subject of long meditation with hi seize the first auspicious moment to accom his design. And, sir, will the American solely relieve you when this happens? I w rather infinitely, and I am sure most of |