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COLLECTIONS 


OF   THE 


Virginia  Historical  Society 


New  Series. 


VOL.  IX. 


VVM.  ELLIS  JONES, 

PRINTER, 
RICHMOND,  VA. 


THE  HISTORY 


OF   THE 


Virginia  Federal  Convention 


OF 


1788, 


WITH  SOME  ACCOUNT  OF  THE  EMINENT  VIRGINIANS  OF 
THAT  ERA  WHO  WERE  MEMBERS  OF  THE  BODY 

BY 

HUGH  BLAIR  GRIGSBY,  LL.D. 

WITH  A 

Biographical  Sketch  of  the  Author 

AND 

ILLUSTRATIVE   NOTES 

EDITED  BY 

R.   A.   BROCK, 

Corresponding  Secretary  and  Librarian  of  the  Society. 


VOL.  I. 


RICHMOND,  VIRGINIA. 

PUBLISHED  BY  THE  SOCIETY. 

MDCCCXC. 


7 


EMENDATION. 

The  message  referred  to  on  p.  ix,  line  12,  may  have  been  one  of  Jef- 
ferson Davis',  President  of  the  Confederate  States  of  America. 


BIOGRAPHICAL  SKETCH 

OF 

Hon.  Hugh  Blair  Grigsby,  LL.D. 


The  pure,  devoted  and  earnest  life  of  Hugh  Blair  Grigsby 
was  a  beneficent  one,  and  signal  in  its  incitations.  Few,  if  any, 
among  his  contemporaries  exerted  a  more  inspiring  influence  in 
the  cause  of  education  and  in  behalf  of  virtuous  resolve  in  Vir- 
ginia than  he  ;  not  one,  certainly,  in  glowing  utterance,  and  in 
appealing  picture,  sounded  more  surely  the  key-note  of  State 
grandeur  and  the  common  weal. 

Justly  remarked  the  late  venerable  and  admirable  Marshall 
P.  Wilder,*  in  his  last  penned  effort,  on  his  couch,  in  his  last 
days — an  address  to  be  delivered  before  the  New  England  His- 
toric Genealogical  Society,  upon  the  completion  of  nineteen 
years'  service  as  the  president  of  that  learned  body,  at  its  annual 
meeting  in  1887  :  "  Recall  the  traditions  of  men  ;  each  genera- 
tion in  its  day  bears  testimony  to  the  character  of  the  preceding. 
He  who  worships  the  past  believes  we  are  connected  not  only 
with  those  that  came  before  us,  but  with  those  who  are  to 
come  after.  What  means  those  hieroglyphic  inscriptions  on  the 
.Egyptian  monuments?  Says  one  of  them  :  'I  speak  to  you 
who  shall  come  a  million  of  years  after  my  death.'  Another 
says,  *  Grant  that  my  words  may  live  for  hundreds  and  thousands 
of  years.'  The  writers  were  evidently  thinking,  not  only  of 
their  own  time,  but  of  the  distant  future  of  the  human  race,  and 
hoped,  themselves,  never  to  be  forgotten." 

a  Hon.  Marshall  Pinckney  Wilder  was  born  September  28,  1798,  and 
died  at  Boston,  Mass.,  March  16,  1886. 


VI  BIOGRAPHICAL   SKETCH    OF 

Hugh  Blair  Grigsby  vras  born  in  the  city  of  Norfolk,  Virginia, 
November  22d,  1806,  and  died  at  his  seat,  "  Edgehill,"  Char- 
lotte county,  Virginia,  April  28,  1881.  He  was  the  son  of  Ben- 
jamin Grigsby,  who  was  born  in  Orange  county,  September  18, 
1770,  and  was  a  pupil  of  Rev.  William  Graham,  at  old  Liberty 
Hall  Academy,  the  precursor  of  the  present  Washington  and  Lee 
University.  Among  his  fellow-students  was  Archibald  Alexan- 
der, the  subsequently  eminent  divine,  and  who  was  his  companion 
when  in  early  manhood  they  sought  their  life-work  in  a  horse- 
back journey  to  Southside  Virginia.  Leaving  his  companion  in 
Petersburg,  Grigsby,  "with  his  sole  personal  possessions  in  a 
pair  of  saddle-bags,"  continued  his  solitary  ride  to  Norfolk, 
where  he  located,  and  was  the  first  pastor  of  the  first  Pres- 
byterian church  in  that  then  borough.  Here  he  married  Eliza- 
beth, daughter  of  Hugh  and  Lilias  (Blair)  McPherson,  and 
providentially  and  faithfully  labored  until,  as-  is  recorded  on 
the  handsome  marble  obelisk  erected  to  his  memory  in  Trinity 
churchyard,  Portsmouth,  Virginia,  "  in  the  faithful  discharge 
of  his  calling,  he  fell  a  martyr  to  yellow-fever  on  the  6th  of 
October,  i8io."b  His  widow  married,  secondly,  January  .1 6th, 


b  The  paternal  ancestor  of  Hugh  Blair  Grigsby  is  said  to  have  emi- 
grated from  England  to  Virginia  in  1660.  His  grandfather,  the  imme- 
diate progenitor  of  the  Grigsbys  of  Rockingham  county,  John  Grigsby, 
was  born  in  Stafford  county  in  1720;  accompanied,  in  1740,  Lawrence 
Washington  in  the  forces  of  Admiral  Vernon  in  the  expedition  against 
Carthagena  ;  married  first,  in  1746,  a  Miss  Etchison  and  settled  on  the 
Rapid  Anne  river  in  Culpeper  county.  His  wife  dying  in  1762,  he 
married  secondly  in  1764,  Elizabeth,  daughter  of  Benjamin  and  Ann 
(Campbell)  Porter,  of  Orange  county,  Virginia.  The  issue  by  the  first 
marriage  was  five  children,  the  eldest  of  whom  was  James  Grigsby, 
born  November  loth,  1748.  The  issue  of  the  second  marriage  was  nine 
children,  the  youngest  of  whom  was  Captain  Reuben  Grigsby,  born 
June  6th,  1780,  in  Rockbridge  county;  educated  at  Washington  Col- 
lege; teacher;  farmer;  member  of  the  House  of  Delegates  of  Virginia; 
Captain  United  States  Army  in  the  war  of  1812;  sheriff  of  Rockbridge 
county;  trustee  of  Washington  College  1830-43;  died  February  6th, 
1863.  (See  obituary,  Richmond  Enquirer,  February  loth,  1863).  An 
interesting  incident  in  the  boyhood  of  James  Grigsby  has  been  trans- 
mitted. Whilst  hunting  with  a  pack  of  hounds  near  the  Natural  Bridge 
in  1781,  he  encountered  the  French  tourist,  the  Marquis  de  Chastellux, 
and  was  his  guide  to  the  Bridge,  and  prevailed  upon  him  to  become 
the  guest  of  his  father.  These  attentions  the  Marquis  records  in  his 


HUGH    BLAIR   GRIGSBY.  Vll 

1817,  Dr.  Nathan  Colgate  Whitehead c  (born  in  Southampton 
county,  Virginia,  April  8th,  1792,)  who,  although  educated  as 
a  physician,  relinquished  practice  and  was  for  twenty- seven  years  ' 
the  honored  president  of  the  Farmers  Bank  of  Virginia,  in  Nor- 
folk. He  died  in  1856.  Hon.  John  B.  Whitehead,  ex-mayor  of 
Norfolk  is  the  issue  of  this  marriage.  In  connection  with  the 
prime  service  of  Rev.  Benjamin  Grigsby  as  founder  of  the  first 
Presbyterian  church  in  Norfolk,  it  may  be  pleasing  to  add  a 
singular  exemplification  of  pious  constancy  and  fealty,  as  recently 
communicated  to  the  writer  by  Mr.  Whitehead.  He  writes  : 
"  From  the  completion  of  the  building  of  the  first  and  only 
Presbyterian  church  in  the  borough  of  Norfolk,  in  1802,  to  the 
present  time,  the  elements  for  the  communion  service  in  our 
church  have  been  presented  by  the  mother  and  grandmother  of 
Mr.  Grigsby  and  the  writer  ;  by  our  grandmother  until  1822, 
and  by  our  mother  up  to  December,  1860  ;  and  by  my  wife  to  the 
present  time,  and,  with  the  exception  of  three  years  (during  the 
period  of  the  late  war)  have  been  furnished  from  our  old  home 
(in  which  I  reside)  from  the  year  1808.  I  would  also  state  that 
the  Wednesday  evening  prayer-meetings  were  held  in  our  parlors 
from  1808  to  1827,  in  which  last  year  the  late  distinguished 
scholar  and  jurist,  William  Maxwell,  LL.D.  (long  the  effi- 

" Travels,"  of  which  he  presented  a  handsomely  bound  copy  to  his 
youthful  guide  and  entertainer.  James  Grigsby  married  twice,  first,  in 
1768,  Frances  Porter,  the  sister  of  the  second  wife  of  his  father,  and 
settled  at  "Fancy  Hill,"  Rockbridge  county.  Their  eldest  son,  the 
father  of  Hugh  Blair  Grigsby,  was  christened  Benjamin  Porter  Grigsby, 
but  appears  to  have  omitted  the  use  of  the  second  name.  He  was  a 
trustee  of  Washington  College  1796-1807. 

Among  the  descendants  of  John  Grigsby  were  the  following  officers 
in  the  Confederate  States  Army  : 

Generals  E.  Frank  Paxton,  Albert  Gallatin  Jenkins  and  J.  Warren 
Grigsby,  Colonel  Andrew  Jackson  Grigsby,  and  Major  Andrew  Jackson 
Paxton. 

The  editor  is  indebted  to  Miss  Mary  Davidson,  Lexington,  Va.,  of 
the  Grigsby  lineage,  for  the  facts  embraced  in  this  note. 

^The  Whitehead  is  a  family  of  early  seating  in  Virginia.  Thomas 
Whitehead  was  granted  162  acres  of  land  in  Hampton  parish,  York 
county,  March  6,  1653.  Book  No.  3,  page  9.  Robert  Whitehead,  John 
Bowles  and  Charles  Edmond  were  granted  3,000  acres  in  New  Kent 
county,  March  25,  1667.  Book  No.  6,  page  45. 


Viii  BIOGRAPHICAL    SKETCH    OF 

cient  Corresponding  Secretary  and  Librarian  of  the  Virginia 
Historical  Society),  one  of  the  elders,  built  for  the  use  of  the 
'increased  congregation  a  beautiful  edifice  for  the  purpose." 

Hugh  Blair  Grigsby  in  youth  was  of  delicate  constitution,  and 
it  was  feared  that  he  would  be  an  early  victim  to  pulmonary  dis- 
ease, but  prudence  and  systematic  physical  exercise  on  his  part 
happily  surmounted  the  dread  tendency,  and  ensured  to  a  green 
old  age  a  life  of  abounding  usefulness.  He  was  a  studious  lad. 
Among  his  early  tutors  were  Mr.  William  Lacy,  of  Prince  Ed- 
ward county,  and  the  Rev.  W.  W.  Duncan,  the  father  of  the  late 
eloquent  divine  and  honored  president  of  Randolph-Macon  Col- 
lege, Rev.  James  A.  Duncan,  D.  D.  He  subsequently  entered 
Yale  College,  remained  two  years,  and  gained  creditable  distinc- 
tion in  his  studies  and  in  versification.  He  took  here,  among 
other  studies,  the  law  course,  with  the  view  of  making  it  his  pro- 
fession. This  design  he  was  constrained  to  relinquish  because 
of  an  increasing  infirmity — deafness — which  continued  through 
life.  His  bias  for  biography  was  early  evinced.  There  is  pre- 
served by  his  family  a  volume  in  MS.,  written  in  his  eighteenth 
year,  giving  sketches  of  the  character,  personal  appearance 
and  social  traits  of  the  distinguished  of  Virginian  statesmen 
and  clergy  with  whose  careers  he  had  become  most  familiar. 
Through  special  predilection,  as  was  markedly  evinced,  he  em- 
barked in  journalism,  and  became  the  editor  and  owner  of  the 
Norfolk  Beacon,  upon  which  he  was  wont  often  to  say  he  did  the 
work  of  two  or  three  persons  much  of  the  time  during  the  six 
years  that  he  conducted  the  newspaper.  His  editorials  were  all 
written  in  a  standing  posture  at  his  desk,  and  his  daily  hours  of 
labor  were  often  a  majority  of  the  twenty-four.  Such  earnest  ap- 
plication met  its  reward  in  a  comfortable  competency  of  $60,000,  • 
with  which  he  retired  from  the  paper,  a  step,  indeed,  which  his 
physical  condition  indicated  as  judicious,  as  his  lungs  seemed  to 
be  seriously  threatened.  He  now  devoted  himself  to  athletic 
exercises,  and  acquired  quite  a  proficiency  as  a  boxer  and  a 
pedestrian. 

It  is  noteworthy  that  he  accomplished  a  journey  on  foot  to 
Massachusetts,  through  several  of  the  New  England  States  and 
the  lower  portions  of  Canada,  and  back  to  Virginia. 

In  the  midst  of  his  arduous  editorial  labors,  he  found  variation 
in  service  in  the  legislative  halls  of  his  State.  He  was  a  member 


HUGH    BLAIR    GRIGSBY.  IX 

of  the  House  of  Delegates  from  Norfolk  in  1829  and  1830,  and 
during  the  term  served  also  as  a  member  of  that  constellation  of 
talent,  the  Virginia  Convention  of  1829-' 30,  succeeding  in  that 
eminent  body  General  Robert  Barraud  Taylor,  who  resigned  his 
seat.  That  his  selection  for  this  responsible  representation  was 
judicious,  his  subsequent  manifestations  gave  just  evidence.  It 
is  narrated  of  him  that  "  an  argument  advanced  by  him,  and 
published  in  the  Richmond  Enquirer  under  the  signature  of 
'  Virginiensis,'  in  reply  to  Sir  William  Harcourt  in  an  article  on 
international  law,  under  the  signature  of  *  Hortensius,'  in  the 
London  Times,  was  afterwards  substantially  incorporated  in  a 
message  of  President  Buchanan." 

Mr.  Grigsby  married,  November  igth,  1840,  Miss  Mary  Ven- 
able,  daughter  of  Colonel  Clement  Carrington,  of  "  Edgehill," 
Charlotte  county,  who  was  the  son  of  the  distinguished  jurist, 
Paul  Carrington  the  elder,  and  a  battle-scarred  veteran  of  the 
Revolutionary  War.  Colonel  Carrington,  after  having  served  first, 
at  an  early  age,  in  several  expeditions  of  the  State  line  in  Vir- 
ginia, joined  as  a  cadet  the  legion  of  Light-Horse  Harry  Lee  of 
Greene's  army.  At  the  age  of  nineteen  he  fought  bravely  at  the 
bloody  battle  of  Eutaw,  where  he  was  struck  down  by  a  severe 
and  dangerous  wound  in  the  thigh.  He  faithfully  served  as  a 
just  and  impartial  magistrate  of  his  county  for  more  than  fifty 
years.  He  died  November  28th,  1847,  aged  eighty-five  years. 
From  the  period  of  his  marriage  until  the  death  of  Colonel  Car- 
rington, Mr.  Grigsby  made  his  home  in  Charlotte  county.  After 
that  event  he  removed  temporarily  to  Norfolk,  but  returned  to 
"Edgehill,"  the  patrimonial  estate  of  Mr.  Grigsby,  upon  which 
he  henceforth  resided  until  his  death.  Here,  in  the  bosom  of  his 
loving  family  and  in  the  midst  of  constant  and  admiring  friends, 
he  led  a  peaceful  and  contentful  life,  and  yet  with  a  marked  ex- 
emplification of  varied  usefulness  and  moral  and  intellectual  influ- 
ence. The  habits  of  systematic  application,  enforced  and  stimu- 
lated by  necessity  in  youth,  together  with  impelling  predisposition 
and  acute  mental  gifts,  eminently  fitted  him  for  historical  re- 
search, the  results  of  which  was  an  extensive  mass  of  informa- 
tion which  made  him  not  only  the  select  medium  of  voicing  the 
consensus  of  chaste  and  reverential  sentiment  on  momentous  oc- 
casions, but  quickened  him  alike  in  mental  and  physical  action 
in  the  requirements  of  everyday  life.  Not  only  did  his  active 


X  BIOGRAPHICAL   SKETCH    OF 

being  find  time  for  an  extensive  correspondence  with  scholars 
of  varied  culture,  historical  students,  statesmen,  and  the  votaries 
of  science ;  the  frequent  delivery  of  chaste  and  eloquent  ora- 
tions, but  he  found  time  withal  to  conduct  with  singular  sagacity 
and  providence  the  operations  of  a  large  plantation.  As  a  friend 
and  neighbor  narrates d:  "In  planning  and  executing  improve- 
ments, constructing  a  dyke  of  some  three  miles  in  length,  arrang- 
ing the  ditches  of  his  extensive  low-grounds,  so  that  a  heavy 
rain  fall  could  be  easily  disposed  of,  and  bringing  all  into  a  high 
state  of  cultivation,  he  set  an  example  of  industry  and  energy 
which  every  farmer  would  do  well  to  emulate.  He  had  ample 
means,  and  we  have  sometimes  heard  his  efforts  characterized  as 
fanciful  or  Utopian.  But  the  result  shows  method,  skill  and  in- 
dustry ;  the  process  was  necessarily  laborious,  but  the  result  was 
grand."  Of  his  prided  engineering  achievements  in  behalf  of 
agriculture,  a  venerable  and  revered  friend  has  taken  pleasing 
cognizance,  as  will  be  subsequently  noted.  The  simplicity  of 
character  of  Mr.  Grigsby  rendered  him  averse  to  any  appearance 
of  ostentation.  He  was  considerate  and  careful  in  his  ordinary 
expenditures,  but  amply  provident  in  every  circumstance  of  hos- 
pitality. His  welcome  was  as  spontaneous  as  his  nature  was 
genial,  and  his  mind  far-reaching  and  comprehensive.  With  the 
tenderest  of  instincts  and  with  sympathies  immediately  respon- 
sive to  truth,  socially  it  was  not  otherwise  than  for  him  to  be 
delightsome.  His  just  economy  gave  his  nobility  of  character 
ampler  scope  for  beneficent  exemplification.  It  allowed  the 
means  for  the  purchase  of  books  and  the  encouragement  of  the 
arts,  and  thus,  too,  in  collected  treasures  was  afforded  a  warming 
and  directing  impetus  towards  the  intellectual  development  of 
his  neighbors  and  his  kind.  With  heart  and  mind  acutely  sen- 
sitive to  impressions  of  merit  and  conceptions  of  worth,  his  being 
was  an  expanding  treasure-house  of  all  and  aught  of  value  and 
virtue  of  which  it  had  or  might  have  cognizance. 

Lingering  reverently  in  the  glorious  walks  of  the  past,  with  an 
instinct  born  of  purity,  and  a  mental  grasp  only  possible  in  emu- 
lous affection,  he  proudly  held  in  mirrored  brightness  to  the 
contemplation  of  his  fellows  of  this  generation  the  moral  worth 


d  Leonard  Cox,  Esq.,  editor  and  proprietor  of  The  Charlotte  Gazette, 
in  the  issue  of  his  paper  of  May  12,  i88r. 


HUGH    BLAIR   GRIGSBY.  XI 

and  glory  of  the  past,  as  he  conjured,  to  our  mind's  eye,  in  ten- 
derness and  reverence,  in  vivid  reality,  the  forms  of  our  fathers, 
whose  deeds  gave  it  value.  Such  a  man,  such  a  master-mind, 
systematically  trained  to  the  requirements  of  the  present,  con- 
stantly alive  to  enlightened  progress,  mental  and  material,  could 
but  invoke  ennobling  and  healthful  impulse — incarnation  as  he 
was  of  the  Christian,  the  scholar  and  the  patriot. 

His  whole  being  seemed  a  sensitive  cluster  of  clinging  tendrils, 
which  ever  sought  to  grasp  and  twine  themselves  about  some  ob- 
ject or  action  of  the  past  to  be  cherished.  Ennobling  as  he  was 
in  his  warming  conceptions,  stimulating  as  he  was  in  his  glowingly 
pictured  lessons,  his  being  found  vent  also  in  exemplification,  if 
less  brilliant,  yet  scarcely  less  enduringly  useful.  "  Man  is  a  natu- 
rally acquisitive  animal."  Scarce  one  of  us  with  an  object  or 
aim  in  life,  it  has  been  urged,  but  who  is  in  some  sense  a  "collec- 
tor." The  value  of  the  collector  is  patent  in  the  only  satisfac- 
tory elucidation  of  the  past  yielded  by  its  records,  its  monuments, 
and  specially  by  the  familiar  belongings — the  concomitants  and 
appliances  of  every-day  life — of  our  kind  who  have  preceded  us. 

Mr.  Grigsby  was  possessed  with  an  insatiable  fondness  for  and 
enthusiastic  eagerness  to  possess,  to  hold  as  his  own,  not  only 
the  works  of  the  great,  the  good,  and  the  gifted — books,  works 
of  art,  and  objects  of  curious  interest  and  beauty — but  also 
souvenirs  of  possession,  objects  that  had  been  loved  and  used  by 
those  worthy  of  his  love.  His  library,  for  which  he  had  con- 
structed a  separate  building  peculiarly  adapted  to  the  purpose, 
numbered  some  six  thousand  volumes  in  the  varied  branches  of 
literature,  in  which  probably  the  ancient  classics  and  history  and 
biography  predominated.  Many  of  the  volumes  were  singularly 
endeared  to  him  because  they  had  belonged  to  and  been  lov- 
ingly conned  by  predecessors  of  worth  and  learning.  It  con- 
tained many  volumes  from  the  choice  library  of  the  erratic  John 
Randolph,  of  Roanoke,  to  the  auction  sale  of  which  Mr.  Grigsby, 
with  much  self-satisfaction,  liked  to  tell  that  he  trudged  on  foot. 
The  relics  treasured  by  him  were  many  and  varied.  Perhaps  as 
endeared  as  any,  approaching  the  claim  to  a  collection,  was  that 
of  canes  which  had  belonged  to  great  men  and  cherished  asso- 
ciates, or  had  grown  in  spot  historic  and  sacred.  These  sup- 
porting staffs  he  was,  with  jealous  impartiality  to  the  memory  of 
the  donor  or  departed  friend,  in  the  habit  of  using  in  turn,  thus 


•• 


Xii  BIOGRAPHICAL    SKETCH    OF 

one  day  he  was  assisted  in  his  walks  with  the  cane  of  a  loved 
uncle,  Reuben  Grigsby,  another  with  that  of  his  revered  friend, 
Governor  Tazewell,  another  with  a  staff  from  the  Mount  of 
Olives,  and  so  on  through  more  than  a  score  of  reverential  ex- 
ercises. 

Every  available  space  of  the  walls  of  his  dwelling  and  library 
were  covered  with  beautiful  and  choice  paintings,  and  every 
nook  and  appropriate  niche  was  graced  with  a  piece  of  statuary 
— busts  of  the  great  and  good,  or  idealic  creations. 

He  did  much,  if  not  more  than  any  other  man,  to  foster  the 
genius  of  our  lamented  Virginia  artist,  Alexander  Galt,e  and 

e  His  ancestry  is  said  to  have  been  of  Norman  origin,  and  the  name 
originally  Fitz  Gaultier.  They  were  brought  with  other  Normans  to 
Scotland  in  the  twelfth  century  to  instruct  the  natives  in  military  tactics, 
and  lands  were  granted  them  at  Galston  (quasi  Galtstown)  in  Ayreshire. 
The  immediate  ancestor  of  the  Gaits  of  Tidewater  Virginia  was  a  Cove- 
nanter. Two  of  them  were  banished  as  Presbyterians  to  Virginia  by 
the  Scotch  Privy  Council  with  Lord  Cardross,  about  1680.  One  married 
the  daughter  of  a  wealthy  planter,  the  other  returned  to  Scotland  after 
the  Revolution  of  1688  and  was  the  ancestor  of  the  well-known  writer, 
John  Gait.  Alexander,  the  second  son  and  fourth  child  of  Dr.  Alex- 
ander and  Mary  Sylvester  (Jeffery)  Gait,  was  born  in  Norfolk,  Virginia, 
January  26,  1827.  His  talent  first  exhibited  itself  at  fifteen  years  of  age 
when  he  began  to  draw  pencil  portraits.  His  next  advance  was  in 
carving  in  alabaster  and  conchilia,  and  he  executed  many  faithful  por- 
traits in  cameo.  In  1848,  he  went  to  Florence,  Italy,  for  instruction  in 
art,  and  in  a  short  time  was  awarded  the  highest  prize  then  offered  for 
drawing.  He  returned  to  Virginia,  bringing  several  pieces  of  his  work. 
The  "Virginia"  was  his  first  ideal  bust.  He  remained  in  America 
several  years,  visiting  in  the  while  the  Southern  States  and  executing 
a  number  of  orders.  At  the  State  Fair  held  in  Charleston,  S.  C,  he 
received  prizes  for  work  exhibited  there.  He  returned  to  Florence  in 
1856,  with  many  orders,  among  them  one  from  the  State  of  Virginia 
for  a  statue  of  Thomas  Jefferson,  which  preceded  him  on  his  return  to 
Virginia  in  1860,  and  now  adorns  the  Library  Hall  of  the  University  of 
Virginia.  A  Virginian  in  every  pulse  and  instinct,  he  naturally  tendered 
his  service  to  the  mother  State  in  the  rupture  of  the  Union,  and  was 
first  connected  with  the  Engineer  Corps  near  Norfolk  in  planning  forti- 
fications. Later  he  served  on  the  staff  of  Governor  Letcher.  In  the 
winter  of  1862  he  visited  the  camp  of  General  T.  J.  Jackson  in  execu- 
tion of  some  commission — but  with  the  design  also  of  studying  the 
features  of  the  great  chieftain  to  prepare  him  for  the  making  of  a 
statue.  He  unfortunately  contracted,  during  this  visit,  small-pox,  from 
which  he  died  in  Richmond,  January  19,  1863.  His  remains  rest  in 


HUGH    BLAIR   GRIGSBY.  Xlll 

possessed  a  number  of  his  choicest  works,  among  them  being 
"Columbus,"  "  Sappho,"  ''Psyche,"  and  "  Bacchante." 

The  gentle,  loving  heart  of  Mr.  Grigsby  went  out  to  all  things 
animate,  and  with  a  keen  sense  of  the  beauties  of  nature  his  ad- 
miration found  grateful  expression  in  pen  and  converse.  "  His 
loving  nature,"  as  his  fondly  cherished  wife  writes,  "made  pets 
of  animals  and  birds,"  and  was  especially  demonstrative  "to 
little  children,  whose  clear  infantile  voices  reached  his  impaired 
hearing  more  distinctly  than  did  the  tones  of  adults."  "A 
scholar,  and  a  ripe  and  good  one,"  his  commune  with  his  books 
was  daily,  with  every  moment  to  be  spared  from  active  demands 
and  social  claims.  "  He  was  a  rapid  reader,  and  read  with  pen 
in  hand.  With  French  and  Latin  authors  he  was  in  as  constant 
communion  as  with  the  writers  of  his  own  tongue."  Although 
his  infirmity  rendered  conversation  with  him  difficult,  yet  his 
own  discourse,  in  its  easy  dignity  and  range  of  digested  informa- 
tion, was  singularly  entertaining,  lightened,  too,  as  it  was  with 
frequent  ripples  of  playful  fancy,  and  made  piquant  with  a  vein 
of  quiet  humor  which  often  found  striking  expression. 

Mr.  Grigsby  was  a  devout  and  earnest  Christian,  and  a  wor- 
shipper in  the  forms  of  his  Presbyterian  ancestors,  and  for  years 
had  been  in  the  habit  of  leading  the  regular  devotions  of  his 
household.  "Although  his  name  was  not  on  the  church  book," 
he  "was  a  punctual  and  large  contributor  to  his  minister's  salary." 
He  possessed  the  faculty  of  chaste  versification  in  a  striking  de- 
gree, and  some  of  his  productions  are  as  impressive  as  were  the 
powers  of  his  gift  of  oratory.  His  absolute  trust  in  his  Maker 
is  touchingly  exemplified  in  the  following  : 

Hollywood  Cemetery.  A  number  of  his  ideal  works  were  stored  in 
the  warehouse  of  a  friend  in  Richmond,  and  were  destroyed  in  the  con- 
flagration of  April  3,  1865,  incident  on  the  evacuation  of  the  city.  His 
meritorious  works  which  are  extant  probably  number  two-score  or 
more,  and  include,  with  the  statue  of  Jefferson,  busts  of  eminent  men 
and  chaste  and  beautiful  ideal  creations.  Representative  ancestors  of 
Alexander  Gait  in  several  generations  have  reflected  lustre  on  the 
medical  profession  in  Virginia,  and  been  most  beneficently  connected 
with  her  asylums  for  the  unfortunate  insane.  The  editor  is  indebted  to 
Miss  Mary  Jeffery  Gait,  the  niece  and  heir  of  the  subject  of  this  note, 
for  the  details  embodied. 

/"  In  Memoriam,"  by  Rev.  H.  C.  Alexander,  D.  D.,  LL.D.,  Hampden- 
Sydney  College,  Va.,  Central  Presbyterian,  Dec.  14,  1881. 


BIOGR4PHICAL   SKETCH    OF 


HYMN. 

Written  on  the  morning  of  the  220!  of  November,  1877,  when  I  entered 
my  seventy-second  year.  H.  B.  G. 

I. 

Lord  of  the  flaming  orbs  of  space ! 

Lord  of  the  Ages  that  are  gone  ! 
Lord  of  the  teeming  years  to  come — 

Who  sitt'st  on  Thy  Sovereign  Throne  : 

II. 

Look  down  in  Mercy  and  in  Grace 

On  a  poor  creature  of  a  Day, 
Whose  mortal  course  is  nearly  run, 

Who  looks  to  THEE,  his  only  stay. 

III. 

In  Thee,  in  Thee  alone,  O  Lord ! 

Thine  aged  Servant  puts  his  Trust 
Thro'  the  blest  passion  of  Thy  Son, 

Ere  his  frail  frame  returns  to  dust. 

IV. 

Uphold  him  thro'  Earth's  devious  ways — 
Sustain  him  by  Thy  gracious  Power ; 

And  may  the  Glory  of  Thy  Praise 

Break  from  his  lips  in  Life's  last  Hour. 

V. 

Grant  the  dear  Pledges  of  Thy  Love, 
Thy  mercy  has  vouchsaf 'd  to  him — 

PEACE  in  the  shadow  of  Thine  Ark — 
REST  'neath  Thy  shelt'ring  Cherubim. 

VI. 

Lord,  heed  Thy  servant's  grateful  praise 
For  all  the  mercies  Thou  hast  given  :— 

For  Health  and  Friends  and  length  of  Days — 
Thy  bleeding  Son — a  promised  Heaven. 

VII. 

Oh  !  may  he  live  in  fear  of  Thee — 

Oh  !  may  he  rest  upon  Thy  Love, 
When  he  shall  cross  that  stormy  Sea 

That  keeps  him  from  his  Home  above. 


HUGH    BLAIR    GRIGSBY.  XV 

VIII. 

Oh!  bless  those  lov'd  ones  of  his  Heart, 
While  ling'ring  on  Earth's  lonely  Shore, 

'Till  we  shall  meet  no  more  to  part, 
And  chant  Thy  Praises  evermore. 

What  a  triumphant  refrain  is  this  : 

I  CANNOT  DIE. 

John  xi,  26. 
By  FORTH  WINTHROP.   g 

Time  may  glide  by  — 

My  pale  wan  face  may  show  the  waste  of  years  ; 
My  failing  eyes  fill  with  unbidden  tears  ;  — 

But  I'll  ne'er  die! 

Fierce  agony, 

That  racks,  by  night  and  day,  the  mortal  frame, 
May  leave  of  life  aught  but  the  empty  name  ; 

But  I'll  ne'er  die  ! 

The  Sea's  hoarse  cry 

May  shake  the  shore  ;  and  the  wild  toppling  waves 
May  open  wide  for  me  their  welt'ring  graves  — 

But  I'll  ne'er  die  ! 


.  Grigsby,  in  reading  the  "  Life  and  Letters  of  John  Winthrop," 
the  first  Governor  of  Massachusetts,  by  the  Hon.  Robert  C.  Winthrop, 
LL.D.,  was  particularly  attracted  by  the  sketch  of  Forth  Winthrop's 
brief  career,  and  has  affixed  his  name  to  these  verses  in  memoriam, 
and  in  token,  it  may  also  be  taken,  to  the  admirable  friend  who  had 
piously  perpetuated  the  memory  of  his  young  relative  of  so  many  pre- 
ceding generations. 

Forth  Winthrop,  was  the  third  son  of  Governor  John  Winthrop.  He 
was  born  on  the  3Oth  of  December,  1609,  at  Great  Stambridge,  in  Essex 
county,  England,  where  his  mother's  family  —  the  Forths  —  resided.  He 
was  prepared  for  college  at  the  somewhat  celebrated  school  founded  by 
Edward  VI,  at  Bury  St.  Edmunds,  and  entered  Emanuel  College,  Cam- 
bridge, in  1627.  After  finishing  his  course  at  the  University,  he  had 
engaged  himself  to  his  cousin,  Ursula  Sherman,  and  was  contemplating 
marriage  before  following  his  father  to  New  England.  But  a  sudden 
illness  terminated  fatally,  and  the  parish  register  at  Groton  records  his 
burial  on  the  23d  day  of  November,  1630.  He  was  a  young  man  of 
great  promise,  and  his  letters,  while  he  was  at  school  and  at  college, 
betoken  him  as  one  of  the  most  affectionate  of  sons  and  brothers. 


BIOGRAPHICAL    SKETCH    OF 

True  Chivalry, 

That  bathes  with  patriot  blood  th*  embattled  plain, 
May  count  my  mangled  corse  among  the  slain — 

But  I'll  ne'er  die! 

Around  may  lie, 

In  grassy  mound,  or  'neath  the  sculptured  stone, 
The  dear  fresh  dead,  and  those  that  long  have  gone- 

But  I'll  ne'er  die ! 

Love's  moisten'd  eye 

May  watch  the  falling  lip— the  gasp  for  breath— 
And  all  the  sad  investiture  of  Death — 

But  I'll  ne'er  die! 

My  friends  may  sigh, 

As  the  house  fills ;  and  as  with  sable  plume 
The  Hearse  leads  forth  the  cavalcade  of  gloom- 
But  I'll  ne'er  die ! 

All  silently 

Around  the  new-made  grave  my  friends  may  crowd, 
And  my  dear  young  and  precious  old  be  bow'd — 

But  I'll  ne'er  die  ! 

As  Ages  ply 

Their  round,  my  shape  may  vanish  from  the  land, 
With  those  that  felt  the  pressure  of  my  hand- 
But  I'll  ne'er  die! 

I  soon  must  lie 

Beneath  the  lid  ;  and  the  triumphant  worm 
May  revel  on  my  frail  and  prostrate  form — 

But  I'll  ne'er  die  ! 

Full  solemnly 

Kind  friends  may  place  me  in  the  narrow  cell, 
And  in  soft  tones  utter  the  last  farewell — 

But  I'll  ne'er  die! 

Unconsciously 

My  name  my  dearest  friends  will  cease  to  call, 
And  the  loud  laugh  ring  in  my  own  old  hall — 

But  I'll  ne'er  die  ! 

LIFE'S  VICTORY 

Is  mine  !  I  wear  the  CONQU'ROR'S  wreath, 
Thro'  HIM  who  drew  the  fatal  sting  of  Death- 
How  can  I  die  ? 


HUGH    BLAIR   GRIGSBY.  XV11 

In  upper  sky, 

Clothed  in  the  shining  robes  of  Sov'reign  Grace, 
As  'mid  Heav'n's  hosts  I  hail  my  Saviour's  face — 

O  !  who  can  die  ? 

That  symphony, 

Sounding  from  Earth  to  Heav'n  responsively, 
Exalts  me  here;  "  HE  THAT  BELIEVES  IN  ME 

CAN  NEVER  DIE." 
November,  1876. 

Among  the  many  of  the  poetic  compositions  of  Mr.  Grigsby, 
printed  and  in  MS.,  an  ode  to  Horace  Binney,  the  "  Nestor  of  the 
American  Bar,"  on  the  completion  of  the  ninety-third  year  of 
his  age,  and  "  Lines  to  my  Daughter  on  her  Fourteenth  Birth- 
day," may  be  noted.  The  latter,  a  pamphlet  of  sixteen  8vo 
pages,  breathes  a  spirit  of  tender  affection,  of  lofty  patriotism, 
and  of  fervent  piety. 

Mr.  Grigsby  became  the  President  of  the  Virginia  Historical 
Society  January  3d,  iSyo,11  succeeding  that  profound  scholar  and 
eminent  statesman,  William  Cabell  Rives.  Mr.  Grigsby  had  for 
many  years  given  essential  and  earnest  service  in  support  of  the 
Society,  and  was,  in  truth,  one  of  the  vital  springs  of  its  con- 
tinued existence. 

He  it  was  to  first  propose  a  hall,  a  safe  repository  of  its  own 
for  the  preservation  of  its  treasures,  and  this  hope  and  object  he 
fondly  cherished  and  fostered  assiduously  to  his  latest  moment. 
Of  his  invaluable  contributions  to  its  mission,  those  herein  listed, 
with  others  of  his  historical  productions,  are  permanent  memo- 
rials in  the  annals  of  American  literature. 

Of  the  inestimable  value  of  his  services  in  behalf  of  the  ven- 
erable institution  of  learning,  William  and  Mary  College,  the 
second  in  foundation  in  America,  the  action  of  its  Board  of  Visi- 
tors and  Governors  will  bear  best  attestation.  Of  this  object  of 
his  fervent  and  constant  regard,  in  the  fullness  of  his  heart  he 
said:  "  The  names  of  her  sons  have  become  national  property, 
and  their  fame  illustrates  the  brightest  pages  of  our  country's 
history." 

h  He  had  at  a  previous  period  been  proffered  the  post  of  Correspond- 
ing Secretary  and  Librarian,  to  succeed  William  Maxwell,  LL.D., 
but  the  demands  of  a  large  plantation  and  domestic  claims  properly 
forbade  his  acceptance  of  the  trust. 


XVlii  BIOGRAPHICAL    SKETCH    OF 

Two  features  of  the  college  to  which  he  contributed  survive  in 
their  offices  for  good. 

He  contributed,  in  1870,  $1,000  to  the  Library  Fund,  and  in  1871 
founded  with  a  gift  of  a  like  sum  the  "  Chancellor  Scholarship/' 

In  an  address  delivered  by  the  Rev.  William  Stoddert,  D.  D.,i 
in  the  Chapel  of  William  and  Mary  College,  on  the  3d  of  July, 
1876,  he  made  this  touching  mention  : 

"  The  speaker  of  last  night  gave  some  instances  of  men  who  had 
won  success  in  spite  of  obstacles  apparently  insurmountable — he 
mentioned  the  blind  professor  of  optics  at  Oxford  ;  Ziska,  the 
Bohemian  general,  and  Milton,  both  blind  ;  Prescott,  nearly  so ; 
Byron  and  Scott,  both  lame  ;  Beethoven,  deaf;  and,  continuing, 
said  :  I  might,  in  this  connection,  allude  to  one  still  nearer,  even 
within  these  walls,  although  my  words  do  not  reach  him.  I  might 
speak  of  his  style,  with  its  exquisite  attractiveness ;  of  his  his- 
toric research,  which  has  divined  the  hidden  springs  of  human 
movement ;  of  his  mind,  moulded  by  classic  models  until,  even 
in  ordinary  conversation,  his  sentences  are  replete  with  elegance 
and  strength  ;  of  the  charm  of  his  narration,  beautified  by  the 
graces  which  have  given  immortality  to  Herodotus  and  Zenophon, 
to  Livy  and  Tacitus;  whose  intellect  seems  still  to  brighten  as 


i  Rev.  William  Stoddert,  D.  D.  (whose  paternal  name  was  legally 
changed  in  early  manhood);  born  1824;  died  1886;  was  the  son  of 
Dr.  Thomas  Ewell,  of  Prince  William  County,  Va.,  a  loved  and  distin- 
guished practitioner  of  medicine ;  the  brother  of  Richard  S.  Ewell,  Lieu- 
tenant-General C.  S.  Army,  and  of  Colonel  Benjamin  S.  Ewell,  LL.D., 
President  Emeritus  of  William  and  Mary  College  after  quite  two-score 
years  of  devoted  service  as  instructor  and  President.  Dr.  Stoddert  was 
graduated  from  Hampden-Sidney  College  and  the  Union  Theological 
Seminary,  ordained  in  the  Presbyterian  Church,  and  became  a  most 
successful  preacher,  popular  lecturer,  and  esteemed  teacher  in  Tennes- 
see. William  and  Mary  College  conferred  on  him,  on  the  occasion 
above,  the  degree  of  D.  D. 

After  a  period  of  suspension  it  is  most  gratifying  to  note  that  the 
grand  old  college  of  William  and  Mary  has  resumed  its  useful  functions 
under  the  able  and  energetic  presidency  of  trie  Hon.  Lyon  G.  Tyler,  son 
of  a  former  Chanceller,  John  Tyler,  President  of  the  United  States.  The 
number  of  students  in  attendance  was  last  reported  as  120,  with  the 
prospect  of  increase.  With  its  proud  prestige,  advantages  in  healthful 
and  central  location,  it  maybe  hoped  that  its  expanding  usefulness  may 
be  even  greater  and  more  influential  than  in  any  period  of  its  glorious 
past. 


HUGH    BLAIR    GRIGSBY.  XIX 

years  roll  on;  whose  learning  still  increases,  whose  memory  still 
improves,  and  who  is  cut  off  from  the  sweet  converse  of  friends, 
so  that  these  words  can  be  uttered  as  though  he  were  absent,  be- 
fore the  Chancellor  of  William  and  Mary  College,  Doctor  Hugh 
Blair  Grigsby." 

With  the  studious  devotion  and  generous  spirit  of  Mr.  Grigsby 
it  may  be  inferred  that  membership  in  learned  institutions  was 
numerously  and  gladly  conferred  on  him.  The  writer  has  been 
informed  that  among  such  distinctions  he  was  a  member  of  the 
American  Philosophical  Society.  Circumstances  have  impelled 
haste  in  the  preparation  of  this  notice,  and  the  writer  has  thus 
been  debarred  from  the  desired  requisite  reference. 

Mr.  Grigsby 's  happy  and  inspiring  connection  with  the  Mas- 
sachusetts Historical  Society  is  with  just  appreciation  attested 
in  the  warm  utterances  of  its  venerated  president  as  herewith 
embodied. 

It  is  embarrassing  to  attempt,  without  accessible  record,  an 
enumeration  of  the  literary  contributions  of  Mr.  Grigsby.  Mr. 
Winthrop  admiringly  alludes  to  his  grace  and  merit  as  a  volu- 
minous correspondent. 

In  his  own  newspaper,  in  others  of  his  native  city  and  State, 
and  doubtless  in  other  sections,  of  our  Union  appeared  many 
instructive  articles  from  his  pen. 

The  Virginia  Historical  Register,  the  organ  of  the  Virginia 
Historical  Society,  and  the  Southern  Literary  Messenger,  were 
frequently  contributed  to.  An  article  in  the  latter  may  be  re- 
ferred to  in  connection  with  the  library  of  Mr.  Grigsby,  that  on 
"The  Library  of  John  Randolph  of  Roanoke."  (Vol.  XX, 

1853,  Page  76). 

Among  his  public  addresses,  those  most  often  referred  to  are 
the  following : 

Address  on  the  Mecklenburg  Declaration  of  Independence, 
delivered  in  the  Athenaeum,  Richmond,  Va.,  in  1848. 

Discourse  on  the  Virginia  Convention  of  1829-30,  before  the 
Virginia  Historical  Society,  December  15,  1853. 

Discourse  on  the  Virginia  Convention  of  1776,  delivered  before 
the  College  of  William  and  Mary  at  Williamsburg,  July  3,  1855. 

Discourse  on  the  Virginia  Convention  of  1788,  before  the  Vir- 
ginia Historical  Society,  February  23,  1858. 


XX  BIOGRAPHICAL    SKETCH    OF 

Discourse  on  the  Character  of  Jefferson,  at  the  unveiling  of 
his  statue  in  the  library  of  the  University  of  Virginia,  1860. 

Address  on  the  Life  and  Character  of  Littleton  Waller  Taze- 
well,  before  the  bar  of  the  city  of  New  York,  June  29,  1860. 

Address  before  the  Literary  Societies  of  Washington  and 
Lee  University,  in  1869. 

Address,  "  Some  of  our  Past  Historic  Periods  bearing  on  the 
Present,"  delivered  before  the  Virginia  Historical  Society,  March 
10,  1870. 

Address  before  Hampden-Sidney  College,  on  the  centenary 
of  its  founding,  June  14,  1876. 

Of  this,  the  last  of  such  public  appearances  of  Mr.  Grigsby,  it 
may  be  well  that  the  following  account  should  be  here  given  : 

"  Mr.  Grigsby,  who  had  passed  beyond  the  age  of  three-score 
and  ten,  was  so  pale  and  appeared  so  feeble  that  the  audience 
was  not  surprised  when  he  asked  the  indulgence  of  being  per- 
mitted, if  necessary,  to  sit  while  he  delivered  his  address.  But 
his  strength  seemed  to  increase  as  he  advanced,  and  he  remained 
on  his  feet  during  the  whole  two  hours  occupied  in  the  delivery. 
His  historical  sketch  displayed  a  familiarity  with  the  persons  and 
events  connected  with  the  Coljege  sixty  years  ago,  and  pre- 
viously, and  was  clothed  in  language  so  graphic  and  elegant, 
and  illustrated  with  anecdote  and  narrative  so  apposite,  as  to 
render  the  performance,  in  the  whole,  acceptable  and  delightful 
in  a  high  degree  to  his  hearers.  The  enthusiasm  kindled  by  his 
theme  evinced  the  warmth  of  his  affection  for  his  native  State 
and  all  that  belongs  to  her  glory  in  the  past,  and  gave  the  charm 
of  impressive  eloquence  to  his  discourse.  His  plan  embraced 
personal  sketches  of  the  six  earlier  presidents  of  the  College  and 
of  the  first  trustees  ;  but  he  had  not  time  nor  strength  to  deliver 
all  that  he  had  prepared,  and  was  compelled  to  withhold  a  part." 

The  disease  which  precipitated  the  death  of  Mr.  Grigsby  was 
incurred  in  the  performance  of  an  affectionate  office.  In  making 
a  visit  of  condolence  to  his  cousin,  Colonel  John  B.  McPhail, 
who  had  been  bereft  of  his  wife,  and  who  lived  some  distance 
from  the  home  of  Mr.  Grigsby,  the  latter  contracted  a  deep  cold 
which  developed  into  pneumonia.  "  During  a  protracted  and 
painful  illness  of  several  weeks'  duration,  he  exhibited  an  unfalter- 
ing patience  and  resignation  to  the  will  of  God.  When  he  sup- 


HUGH    BLAIR   GRIGSBY.  XXI 

posed  himself  to  be  dying  he  summoned  his  immediate  family 
to  his  bedside,  and  bade  them  adieu,  telling  them  at  the  same 
time  that  he  had  made  his  preparation  for  the  other  world  while 
he  was  in  health.  Three  days  before  the  final  stroke,  which  fell 
April  28th,  1881,  he  was  heard  to  say  :  "  I  desire  to  live  ;  yet  I 
feel  submissive  to  the  Divine  will."  An  offering  from  his  friend, 
Mr.  Winthrop,  a  box  of  exquisite  white  flowers,  reached  him  in 
his  last  moments  and  served  to  decorate  his  grave. 

His  remains  rest  beneath  a  chaste  and  stately  marble  obelisk, 
erected  by  his  widow,  in  Elmwood  Cemetery,  Norfolk,  Va.  It 
bears  the  following  inscription  : 

Hugh  Blair  Grigsby,  LL.D. 

Born  in  Norfolk,  Va.,  November   26th,   1806. 

Died  at  "Edgehill,"  Charlotte  county,  Va., 

April  28th,  1881. 

President  of  the  Virginia  Historical  Society. 

Member  of  the  Virginia  Convention,    1829-30. 

Chancellor  of  the  College  of  William  and  Mary. 

Mr.  Grigsby  left  issue  two  children  :  i.  Hugh  Carrington,  born 
in  Philadelphia,  Pa.,  February  13,  1857.  ii.  Mary  Blair,  born 
in  Norfolk,  Va.,  July  9,  1861  ;  married  December  i,  1882,  W. 
W.  Gait,  Paymaster  United  States  Navy,  son  of  Prof.  W.  R. 
Gait  (an  esteemed  educator  of  Norfolk,  Va.,)  and  nephew  of  Alex- 
ander Gait,  the  sculptor.  Issue :  four  children :  Hugh  Blair 
Grigsby,  William  R. ,  Robert  Waca  and  Mary  Carrington  Gait. 

At  a  called  meeting  of  the  Executive  Committee  of  the  Vir- 
ginia Historical  Society,  held  at  one  o'clock  P.  M.  April  3Oth, 
1 88 1 — Vice- President  William  Wirt  Henry  presiding — the  fol- 
lowing action  in  tribute  to  the  late  President  of  the  Society,  the 
Hon.  Hugh  Blair  Grigsby,  LL.D.,  was  taken : 

WHEREAS,  This  Committee  has  just  learned  of  the  death  of  the  Hon. 
HUGH  BLAIR  GRIGSBY,  LL.D.,  the  late  President  of  this  Society,  which 
occurred  at  "Edgehill,"  his  residence,  in  the  county  of  Charlotte,  on 
Thursday  the  28th  instant;  be  it 

Resolved,  That  we  cannot  too  deeply  deplore  the  heavy  loss  which 
we  have  sustained  in  the  death  of  one  whose  devotion  to  the  interests 
of  the  Society,  united  to  his  great  learning  and  accomplishments,  have 
B 


XXU  BIOGRAPHICAL    SKETCH    OF 

been  so  effective  in  forwarding  the  objects  for  which  this  Society  was 
formed. 

Resolved,  That  the  Hon.  HUGH  BLAIR  GRIGSBY,  LL.D. ,  by  his  natural 
endowments,  by  his  passionate  devotion  to  learning  in  all  its  forms,  by 
his  conspicuous  purity  of  life,  and  by  his  invaluable  contributions  to 
the  literature  of  his  native  State,  has  deserved,  as  he  has  enjoyed,  the 
admiration,  the  love,  and  the  gratitude  of  his  fellow-citizens,  and  has 
been  recognized  beyond  the  borders  of  his  State  as  a  fitting  type  of  the 
men  who  have  shed  so  great  a  lustre  around  the  name  of  Virginia. 

Resolved,  That  Dr.  Charles  G.  Barney  and  George  A.  Barksdale, 
Esq.,  be  appointed  on  behalf  of  this  Society  to  attend  the  funeral  ob- 
sequies of  the  dece'ased  in  the  city  of  Norfolk,  and  that  a  copy  of  these 
resolutions  be  forwarded  to  his  widow  and  children,  with  the  assurance 
of  our  deep  sympathy  with  them  in  their  heavy  affliction. 

WILLIAM  WIRT  HENRY, 

Chairman. 


At  the  monthly  meeting  of  the  Massachusetts  Historical  Soci- 
ety, held  in  the  Dowse  Library,  Boston,  May  i2th,  1881,  the  Presi- 
dent, the  Hon.  Robert  C.  Winthrop,  occupied  the  chair.  In  an 
announcement  of  the  deaths  of  members  of  the  Society  and  of  other 
distinguished  men,  he  remarked  :j  "An  absence  from  home  of 
only  three  weeks,  just  ended,  has  been  marked  for  us,  gentlemen, 
by  the  loss  of  several  distinguished  and  valued  friends,  at  least 
two  of  whom  were  connected  in  different  relations  with  this  So- 
ciety. I  had  been  at  Washington  less  than  a  week  when  I  was 
summoned  as  far  back  as  Philadelphia  to  serve  as  a  pall-bearer  at 
the  funeral  of  the  revered  and  lamented  Dr.  Alexander  Hamilton 
Vinton.  Returning  to  Washington  from  that  service,  I  was  met 
by  a  telegram  announcing  the  death  of  an  honorary  member, 
who  was  endeared  to  more  than  one  of  us  by  long  friendship  and 
frequent  correspondence — the  Hon.  Hugh  Blair  Grigsby,  LL.D., 
of  Virginia.  A  day  or  two  only  had  elapsed  before  the  news- 
papers informed  me  that  the  venerable  Dr.  John  Gorham  Palfrey 
had  passed  away  at  Cambridge.  The  papers  of  a  very  few  days 
later  apprised  me  that  the  excellent  Charles  Hudson  had  also 
been  released  from  the  burdens  of  the  flesh.  Much  more  time 
would  have  been  required  than  the  few  hours  I  have  had  at  my 
command  since  I  reached  home  on  Thursday  evening  for  prepar- 

j  Proceedings  of  the  Massachusetts  Historical  Society,  1880-81,  Vol. 
XVIII,  pp.  419-422. 


HUGH    BLAIR    GRIGSBY.  XX111 

ing  any  adequate  notice  of  such  names ;  but  I  should  not  be  for- 
given for  not  dwelling  for  a  moment  on  those  which  have  had 
a  place  on  our  rolls." 

After  a  warm  tribute  to  the  worth  of  Mr.  Hudson,  Mr.  Win- 
throp  continued  :  "  Of  the  remarkable  qu  tlities  and  accomplish- 
ments of  our  deceased  honorary  member,  Mr.  Grigsby,  of  Virginia, 
I  hardly  dare  to  speak  with  the  little  preparation  which  it  has  been 
in  my  power  to  make  in  the  single  day  since  my  return  home. 
I  trust  that  our  friend,  Dr.  Deane,  who  knew  him  as  well  and 
valued  him  as  highly  as  I  did,  will  now,  or  hereafter,  supply  all 
my  deficiencies,  and  place  him  on  our  records  as  he  deserves  to  be 
placed.  Indeed,  he  has  placed  himself  there  with  no  mistakable 
impress. 

"  No  one  of  our  honorary  members  on  either  side  of  the  At- 
lantic has  ever  exhibited  so  warm  a  personal  interest  in  our  pro- 
ceedings, or  has  so  often  favored  us  with  interesting  letters,  which 
have  been  gladly  printed  in  our  successive  serials  or  volumes. 

"  A  Virginian  of  the  Virginians — President  of  their  Historical 
Society,  and  Chancellor  of  their  oldest  college  ;  bound  to  the  Old 
Dominion  by  every  tie  of  blood  and  of  affection  ;  proud  of  her 
history,  with  which  he  was  so  familiar ;  proud  of  her  great  men, 
with  so  many  of  whom  he  had  been  personally  associated  in 
public  as  well  as  private  life  ;  sympathizing  deeply  in  all  of  her 
political  views  and  with  all  her  recent  trials  and  reverses — he  was 
never  blind  to  the  great  men  and  great  deeds  of  New  England, 
never  indifferent  to  our  own  Massachusetts  history  in  particular  ; 
on  the  contrary,  he  was  always  eager  to  cultivate  the  regard  and 
friendship  of  our  scholars  and  public  men.  No  work  from  our 
press  seemed  to  escape  his  attention.  There  was  no  poem  of 
Longfellow,  or  Whittier,  or  Holmes,  or  Lowell,  no  history  of 
Prescott,  or  Bancroft,  or  Palfrey,  or  Motley,  or  Frothingham,  or 
Parkman,  which  he  did  not  read  with  lively  interest  and  discuss 
with  discrimination  and  candor. 

"  In  the  little  visit  which  he  made  us  ten  years  ago,  he  formed 
personal  friendships  with  not  a  few  of  those  whom  he  had  known 
only  by  their  works,  and  they  were  a  constant  source  of  pleasure 
and  pride  to  him.  For  myself,  I  look  back  on  more  than  twenty 
years  of  familiar  and  friendly  correspondence  with  him— inter- 
rupted by  the  war,  but  renewed  with  the  earliest  return  of  peace — 
which  was  full  of  entertainment  and  instruction,  and  which  I 


XXIV  BIOGRAPHICAL    SKETCH    OF 

shall  miss  greatly  as  the  years  roll  on,  and  as  the  habit  and  art 
of  letter-writing  is  more  and  more  lost  in  telegraphic  and  tele- 
phonic and  postal-card  communication. 

"There  is  hardly  anything  more  interesting  in  all  our  seven- 
teen volumes  of  Proceedings  than  his  letter  to  me  of-  March  30, 
1866,  beginning  :  '  Five  years  and  fourteen  days  have  elapsed 
since  I  received  a  letter  from  you ' — giving  a  vivid  description  of 
some  of  his  personal  experiences  during  the  Civil  War — asking 
whether  it  was  true  that  one  whom  he  '  so  much  esteemed  and 
honored  as  President  Felton  was  no  more,'  adding  :  '  Is  Mr. 
Deane  living?' — and  abounding  in  the  kindest  allusions  to  those 
from  whom  the  war  had  so  sadly  separated  him. 

"I  may  not  forget  to  mention  that  Horace  Binney,  of  Phila- 
delphia, though  thirty  years  older  than  Mr.  Grigsby,  was  a  spe- 
cial correspondent  of  his,  and  that  the  last  letter  which  Mr.  Bin- 
ney wrote  before  his  death,  at  ninety-four,  was  to  our  lamented 
friend. 

"  Mr.  Grigsby,  from  an  early  period  of  his  life,  suffered  severely 
from  imperfect  hearing — an  infirmity  which  grew  upon  him  year 
by  year,  until  knowledge  at  one  entrance  seemed  quite  shut 
out.  But  he  bore  it  patiently  and  heroically,  and  his  books  and 
his  pen  were  an  unfailing  source  of  consolation  and  satisfaction. 

"  Educated  for  several  years  at  Yale,  and  admitted  to  the  bar  of 
Norfolk,  with  every  acquisition  to  fit  him  for  a  distinguished  ca- 
reer in  the  law  and  in  public  life,  he  was  constrained  to  abandon 
it  all  and  confine  himself  to  his  family,  his  friends  and  his  library. 

"As  a  very  young  man,  however — hardly  twenty-one — he 
had  a  seat  in  the  great  Constitutional  Convention  of  Virginia  in 
1829-30,  and  was  associated  with  all  the  conspicuous  men  of  that 
period.  Meantime,  he  was  studying  the  characters  and  careers 
of  the  great  Virginians  of  earlier  periods,  not  a  few  of  whom  were 
still  living.  His  '  Discourse  on  the  Virginia  Convention  of  1776,' 
extended  in  print  to  a  volume  of  more  than  two  hundred  pages, 
with  its  elaborate  notes  and  appendix,  is  indeed  as  perfect  a  sum- 
mary of  the  history  of  some  of  the  great  men  of  his  native 
State — Jefferson  and  Madison  and  Patrick  Henry  and  George 
Mason  and  others — as  can  easily  be  found  ;  while  his  discourses  on 
the  men  with  whom  he  was  associated  in  the  Convention  of  1830, 
and  on  Littleton  Waller  Tazewell,  the  Senator  and  Governor 
and  eminent  lawyer  of  Virginia,  are  worthy  supplements  to  that 


HUGH    BLAIR    GRIGSBY.  XXV 

which  had  preceded  them.  Many  other  publications,  both  in 
prose  and  verse,  have  manifested  the  fertility  of  his  mind  and  the 
extent  of  his  culture  and  research,  while  his  letters  alone  would 
have  occupied  more  than  the  leisure  of  any  common  man. 

"Meantime,  he  was  devoted  to  agricultural  pursuits,  planting 
and  hoeing  and  ditching  with  his  own  hands,  and  prouder  of  his 
dike,  his  'Julius  Caesar  Bridge,"  and  his  crops  than  of  any  other 
of  his  productions.  His  very  last  letter  to  me,  dated  not  long 
before  his  illness,  concludes  by  saying :  '  My  employments  for 
the  past  two  weeks  have  been  the  reading  of  Justin,  Suetonius, 
Tom  Moore's  Diary,  and  the  building  of  a  rail  zigzag  fence, 
nearly  a  mile  long,  to  keep  my  neighbors'  cattle  off  my  prem- 
ises.' In  a  previous  paragraph  he  said  that  he  had  just  promised 
an  invalid  friend,  who  was  anxious  on  the  subject,  to  call  soon 
and  read  to  him  '  the  admirable  sermon  of  Paley  on  the  Recog- 
nition of  Friends  in  Another  World.'  That  may,  perchance, 
have  been  his  last  neighborly  office  before  he  was  called  to  the 
verification  and  enjoyment,  as  we  trust,  of  those  Christian  hopes 
and  anticipations  in  which  he  ever  delighted. 

"  But  I  forbear  from  any  further  attempt  to  do  justice,  in  this 
off-hand,  extempore  manner,  to  one  of  whom  I  would  gladly 
have  spoken  with  more  deliberation  and  with  greater  fullness. 
He  had  promised  to  meet  me  and  stand  by  my  side  at  Yorktown 
next  October,  and  I  shall  sorely  miss  his  friendly  counsel  and 
assistance  for  that  occasion  should  I  be  spared  to  take  part  in  it. 
The  son  of  a  Presbyterian  clergyman,  he  was  to  the  last  warmly 
attached  to  the  faith  and  forms  of  the  Church  in  which  he  was 
brought  up.  While  tolerant  toward  all,  '  The  Westminster  Con- 
fession '  and  'The  Shorter  Catechism'  were  his  cherished  man- 
uals of  religion  and  theology." 

Continuing  with  warm  words  of  acknowledgment  of  the  merits 
and  services  of  Dr.  Palfrey,  Mr.  Winthrop  offered,  with  resolu- 
tions in  his  memory  and  that  of  Mr.  Hudson,  the  following : 

Resolved,  That  the  Massachusetts  Historical  Society  offer  their  sin- 
cere sympathy  to  the  Historical  Society  of  Virginia  on  the  death  of 
their  distinguished  and  accomplished  President,  the  Hon.  HUGH  BLAIR 
GRIGSBY,  LL.D.,  whom  we  had  long  counted  it  a  privilege  to  include 
among  our  own  honorary  members,  and  for  whom  we  entertained  the 
highest  regard  and  respect;  and  that  the  Secretary  communicate  a  copy 
of  this  resolution  to  our  sister  Society  of  Virginia. 


XXVI  BIOGRAPHICAL   SKETCH    OF 

m 

At  a  Convocation  of  the  Board  of  Visitors  and  Governors 
of  the  College  of  William  and  Mary,  held  the  8th  of  July, 
1 88 1,  the  following  preamble  and  resolutions  were  unanimously 
adopted  : 

"  Since  the  last  meeting  of  the  Board  of  the  College,  its  officers  and 
friends  have  been  afflicted  by  the  removal  from  their  midst  of  HUGH 
BLAIR  GRIGSBY,  LL.D.,  Chancellor  of  the  College  of  William  and  Mary. 
In  the  death  of  this  noble  man,  the  Board,  the  College,  and  the  com- 
munity at  large  have  sustained  an  irreparable  loss.  A  man  of  the 
highest  character,  the  most  uncommon  cultivation,  with  a  mind  to  grasp 
the  truth,  and  a  he'art  to  love,  defend  and  live  it,  he  was  among  us  a 
leader  in  everything  true  and  noble,  a  guide  in  everything  wise  and 
judicious.  His  devotion  to  the  College  and  its  interests  was  unvary- 
ing, and  by  his  generous,  self-sacrificing  spirit,  by  his  undying  faith 
and  enthusiastic  anticipation  of  the  final  success  and  triumph  of  the 
College  that  was  so  dear  to  him,  he  stood  forth  its  champion  in  the 
darkest  days  and  encouraged  every  fainting  spirit  to  continue  faithful 
in  its  support.  The  College  and  this  Board  owe  him  a  debt  of  grati- 
tude which  only  a  loving  remembrance  can  but  partially  repay,  and  are 
moved  to  pass  as  their  first  official  act  at  their  annual  meeting,  the  fol- 
lowing resolutions  : 

"Resolved,  That  in  the  death  of  HUGH  BLAIR  GRIGSBY,  we  mourn 
the  loss  of  a  friend  and  fellow  laborer,  whose  wisdom  and  lofty  char- 
acter have  reflected  honor  on  our  Board,  and  that  we  feel  constrained 
to  record  on  our  minutes  this  tribute  of  admiration  and  affection  to  his 
memory,  which  in  his  life-time  delicacy  prevented  us  to  do,  and  that 
through  coming  ages  the  friends  of  this  College  and  of  all  sound  edu- 
cation will  reverently  recall  his  memory,  and  on  the  tablets  of  the 
annals  of  William  and  Mary  will  forever  be  engraved  the  name  of 
HUGH  BLAIR  GRIGSBY — '  Clarum  et  venerable  nomen? 

''Resolved,  That  we  tender  to  the  family  of  the  widowed  wife  and 
orphaned  children  of  our  deceased  friend  our  heartfelt  sympathies  for 
the  loss  of  one  who,  so  lovely  to  his  friends,  must  have  been  to  his  own 
family  unspeakably  dear ;  and  we  claim  our  share  in  the  sorrow  over 
his  loss,  as  those  who  are  proud  to  know  that  they  were  reckoned 
among  his  friends. 

"W.  H.  E.  MORECOCK, 

"Secretary  of  the  Board" 

The  following  is  an  extract  from  the  report  of  Benjamin  S. 
Ewell,  LL.D.,  President  of  the  College,  to  the  Board  of  Visitors 
and  Governors,  made  July  8th,  1881  : 

"The  death  of  HUGH  BLAIR  GRIGSBY,  LL.D.,  the  Chancellor  and 


HUGH    BLAIR    GRIGSBY.  XXV11 

honored  Visitor,  on  the  28th  of  April,  1881,  has  deprived  the  College, 
the  Visitors  and  the  Faculty,  of  a  true  and  constant  friend. 

"  Mr.  GRIGSBY'S  connection  with  the  College  began  in  1855,  when  he 
delivered  an  address  at  the  commencement,  received  the  degree  of 
Doctor  of  Laws,  and  was  elected  Visitor  and  Governor. 

"  He  was  elected  Chancellor  in  1871.  k  George  Washington  and  John 
Tyler,  Presidents  of  the  United  States,  and  HUGH  BLAIR  GRIGSBY  are 
the  only  Americans  who  have  held  that  office.  From  1855  until  the  day 
of  his  death  Mr.  GRIGSBY  was  the  earnest  advocate  of  every  measure 
tending  to  increase  the  efficiency,  or  promote  the  prosperity  of  the  Col- 
lege. He  was  ever  ready  to  espouse  its  cause  with  all  his  extraordi- 
nary powers  of  eloquence,  logic  and  learning.  With  the  exception 
of  his  kinsman,  Dr.  James  Blair,  the  reverend  and  revered  founder  of 
the  College,  he  was  its  most  liberal  private  benefactor. 

"  His  affectionate  friendship  and  loving  kindness  are  familiar  to  you. 
They  extended  to  Visitors,  Faculty  and  students.  To  the  latter  he  never 
failed  to  say  words  showing  interest  and  giving  encouragement.  The 
Faculty  mourn  his  loss  as  that  of  their  dearest  official,  and  personal 
friend." 

k  Upon  the  nomination  of  General  Henry  A.  Wise. 


THE    HISTORY 


OF   THE 


Virginia  Federal  Convention 

OK  1788. 


CHAPTER  I. 

I  have  undertaken,  at  the  request  of  the  Historical  Society  of 
Virginia,  to  write  the  history  of  the  Convention  which  began  its 
sessions  in  the  Public  Buildings1  in  the  town  of  Richmond  on 
the  second  day  of  June,  1788,  and  which  ratified,  in  the  name  and 
behalf  of  the  good  people  of  that  Commonwealth,  the  present 

1  The  Convention  met  the  first  day  of  its  sittings  in  what  was  known 
as  the  Old  Capitol,  situated  at  the  northwest  corner  of  Gary  and  Four- 
teenth streets.  It  was  a  wooden  building  about  fifty  feet  square  and 
three  stories  high,  with  a  sharply  ridged  roof.  The  Act  of  the  Assem- 
bly for  the  removal  of  the  Capital  of  the  State  from  Williamsburg  to 
Richmond  was  passed  in  May,  1779,  and  the  "  public  buildings  "  known 
in  later  years  as  the  "the  Old  Capitol,"  were  erected  in  1780  for  the 
temporary  use  of  the  government  until  the  permanent  buildings,  pro- 
vided for  by  an  act  passed  the  same  year,  could  be  completed.  About 
1855,  the  old  buildings,  which  had  become  much  dilapidated  and  re- 
duced in  height,  were  torn  down,  and  upon  its  site  and  lots  adjoining  on 
Fourteenth  street  several  fine  stores,  known  as  the  Pearl  Block,  were 
erected  by  Mr.  Hugh  W.  Fry,  the  corner  of  which  was  occupied  by 
himself  and  sons  under  the  firm  name  of  Hugh  W.  Fry  &  Sons,  Whole- 
sale Grocery  and  Commission  Merchants. 


VIRGINIA   CONVENTION    OF    1788. 

Federal  Constitution.2  Our  theme,  both  in  its  moral  and  politi- 
cal aspect,  has  a  significancy  which  the  present  generation  may 
well  heed,  and  which  posterity  will  delight  to  contemplate.  But 
it  receives  an  added  grandeur  at  this  moment  when  the  people 
of  Virginia,  from  the  Potomac  to  the  Roanoke,  and  from  Ohio 
to  the  sea,  have  come  hither  on  one  of  the  most  patriotic  mis- 
sions recorded  in  our  annals,  and  under  the  auspices  of  the  legis- 
lative and  executive  departments  of  their  government,  and  in 
the  presence  of  many  honorable  and  illustrious  guests  from  dis- 
tant States,  have,  inaugurated,  with  the  peaceful  pageantry  of  war, 
with  the  mystic  rites  of  Masonry,  with  eloquence  and  song,  and 
with  the  august  sanctions  of  our  common  Christianity,  a  lasting 
and  stately  monument3  which,  with  the  eternal  voice  of  sculpture, 
proclaims  now,  and  will  proclaim  to  generations  and  ages  to 
come,  that  Virginia  holds,  and  will  ever  hold,  the  names  and  ser- 
vices of  all  her  soldiers  and  statesmen  who  aided  in  achieving 
her  independence,  in  grateful  and  affectionate  veneration,  and 
that  the  spirit  which  inspired  the  Revolution  still  burns  with 
unabated  fervor  in  the  breasts  of  her  children. 

To  trace  those  discussions  of  the  great  principles  which  under- 
lie the  social  compact,  to  observe  the  modifications  of  those 
maxims  which  human  wisdom  in  a  wide  survey  of  the  rights, 
interests  and  passions  of  men  had  solemnly  set  apart  for  the 
guidance  of  human  affairs,  and  their  application  to  the  peculiar 
necessities  of  a  people  engaged  in  forming  a  Federal  Union,  is  an 
important  office,  which  assumes  a  deeper  interest  and  a  higher 
dignity  when  we  reflect  that  those  who  were  engaged  on  that 

2  A  discourse  delivered  before  the  Virginia  Historical  Society  in  the 
Hall  of  the  House  of  Delegates  at  Richmond,  on  the  evening  of  Feb- 
ruary 23,  1858,  and  subsequently  enlarged  to  the  present  History. 

3  The  Washington  Monument,  inaugurated  February  22d,  1858  ;  sub- 
scriptions towards  the  erection  of  which  were  authorized  by  an  Act  of 
Assembly  passed  February  22d,  1817.    The  sum  of  $13,063  was  collected, 
but  it  lay  dormant  until  February  22d,  1828,  when,  by  Act  of  Assem- 
bly, it  was  placed  at  interest.     Thus  it  remained  until  1848,  when  it  had 
accumulated  to  $41,833  with  the  aid  of  a  new  grand  subscription.     On 
the   22d  of  February,  the  Virginia  Historical  Society  stimulated  the 
Legislature  to  augment  the  fund  to  $100,000  for  the  erection  of  the 
monument,  the  corner-stone  of  which  was  laid  February  22d,  1850,  in 
the  presence  of  General  Zachary  Taylor,  President  of  the  United  States, 
his  Cabinet,  and  a  host  of  other  distinguished  persons. 


VIRGINIA    CONVENTION    OF    1788.  3 

great  occasion  were  our  fathers,  whose  ashes  repose  in  the  soil 
beneath  our  feet,  whose  names  we  bear,  whose  blood  yet  flows 
in  our  veins,  and  whose  glory  is  our  richest  inheritance.  And 
the  transaction  is  hardly  less  interesting  from  the  contemplation 
of  our  fathers  at  such  a  conjunction  to  a  minute  survey  of  their 
lives  and  characters,  of  the  stock  from  which  they  sprung, 
of  their  early  education,  of  their  training  for  the  memorable 
events  in  which  they  were  to  engage,  and  of  the  general  scope 
of  their  actions. 

The  time  has  gone  by  when  the  materials  adequate  to  a  full 
elucidation  of  my  theme  could  be  gathered  from  the  living  voice, 
and  but  little  can  be  gleaned  from  the  periodical  press  of  the 
day.  The  last  survivor  of  the  Convention  died  at  the  advanced 
age  of  ninety-nine,  twelve  years  ago.*  There  is  no  file  extant 
of  the  papers  published  in  Richmond  during  the  session  of  the 
body.  The  Journal  of  the  Convention,  which,  as  its  delibera- 
tions were  held  mostly  in  committee  of  the  whole,  consists  of  £ 
few  pages  only,  and  a  stenographic  report  of  some  of  its  debates, 
are  its  only  existing  records.  With  the  exception  of  a  memoir 
of  Henry,  which  Virginia  owes  to  the  patriotism  of  an  adopted 
son  now  no  more,  and  which  treats  our  subject  in  a  cursory  man- 
ner, there  is  no  separate  memoir  of  any  one  of  the  one  hundred 
and  seventy  members  who  composed  the  House.5  I  am  thrown 
altogether  upon  the  sources  of  intelligence  scattered  through  our 
whole  literature,  upon  those  letters,  which,  written  by  the  actors 
when  the  contest  was  at  the  highest  and  instantly  forgotten,  have 
been  saved  in  old  repositories,  and  upon  those  recollections, 
gathered  at  various  times  during  a  quarter  of  a  century  past, 
from  persons  who  were  either  members  of  the  body,  or  were 

4  James  Johnson,  one  of  the  delegates  from  Isle  of  Wight,  died  at  his 
residence  in  that  county  August  i6th,  1845,  having  survived  the  adjourn- 
ment more  than  fifty-seven  years. 

5  Of  the  younger  members  of  the  body  who  have  lived  in  our  times, 
Chief  Justice  Marshall  has  been  commemorated  in  an  admirable  eulo- 
gium  by  Mr.  Binney,  and  by  Judge  Story  in  the  National  Portrait  Gal- 
lery.   His  Memoir  by  Mr.  Flanders,  in  the  Lives  of  the  Chief  Justices ^ 
has  appeared  since  the  above  paragraph  was  written,  as  well  as  the  full 
and  most  valuable  life  of  Madison  by  Mr.  Rives.    To  these  may  be  added 
the  chaste  and  eloquent  oration  of  William  Henry  Rawle,  LL.D.  at  the  un- 
veiling of  the  statue  of  Marshall  at  Washington,  D.  C.,  May  10, 1884,  and 
the  Memoir  by  A.  B.  Magruder  in  "The  American  Statesmen  Series." 


4  VIRGINI4    CONVENTION    OF    1788. 

present  at  its  deliberations,  or  who  knew  the  members  at  a  sub- 
sequent period,  and  which  were  made  with  no  view  to  ulterior  use. 
There  is  not  living  a  single  person  who  was  a  spectator  of  the 
scene.  A  boy  of  fifteen,  who  had  seen  Mason  and  Henry6  walk- 
ing arm  in  arm  from  the  Swan7  or  Pendleton,  as,  assisted  by  a 
friend,  he  descended  the  steps  of  the  same  inn  to  his  phaeton, 
on  their  way  to  the  Convention,  would,  if  he  were  now  living, 
have  reached  his  eighty-filth  year.  The  actors  and  the  specta- 
tors, and  those  who  spoke  and  those  who  heard,  are  buried  in  a 
common  grave. 

Still  I  indulge  the  hope  that  it  will  not  be  found  impracticable, 
out  of  the  materials    rescued   from    the    wreck    of  the  past,   to 
present  a  picture  which  shall  reflect  in  some  faint  degree  not 
only  the  position   Virginia  then  held  among  her  sister  States, 
ut  the  personal  as  well  as  the  political  relations  which  existed 
*  'tween  the  leading  actors  in  the  Convention,  and  are  proper 
be  known  in  order  to  appreciate  the  conduct  of  those  who 
ore  a  conspicuous  part  in  what  we  were  taught  from  our  in- 
incy  to  consider  the  most  animated  parliamentary  tournament 
>f  the  eighteenth    century,   at   least  on  this  side  of  the  Atlan- 
tic, anc    in  those  animated  contests    which,   during  twenty-five 


6  I  learned  this  incident  from    my  friend  John    Henry,  Esq.,   who, 
though  cnly  two  years  old  at  the  death  of  his  celebrated  father,  is  now 
over  sevt  nty,  and  resides  on  the  patrimonial  estate,  Red  Hill ;  and  he 
heard  it  f 'om  the  Rev.  Charles  Clay,  a  member  of  the  Convention  from 
Bedford,  who  told  him  that  George  Mason  was  dressed  in  a  full  suit  of 
black,  and  was  remarkable  for  the  urbanity  and  dignity  with  which  he 
received  and  returned  the  courtesies  of  those  who  passed  him. 

[John  Henry,  the  youngest  child  of  Patrick  Henry  that  survived  him, 
was  born  I4th  February,  1796,  and  died  yth  January,  1868.  He  was 
educated  at  Hampden-Sidney  and  Washington  colleges.  He  lived  the 
life  of  a  planter  on  the  "  Red  Hill"  estate,  the  last  homestead  of  his 
father,  which  he  inherited,  and  which  has  descended  to  his  son,  Hon. 
Wm.  Wirt  Henry.  His  memory  was  exceptionally  good,  and  was  well 
stored  with  information  concerning  his  father,  gathered  from  his  con- 
temporaries, especially  his  mother,  who  lived  till  i4th  February,  1831. 
Most  of  the  information  concerning  Patrick  Henry,  contained  in  Howe's 
Historical  Collections  of  Virginia,  was  furnished  by  him. — ED.] 

7  A  tavern  famous  in  former  years,  a  long  wooden  building — base- 
ment, one  story  and  attic,  with  wooden  porch  along  its  front,  still  stand- 
ing, divided  into  small  rooms,  about  midway  of  the  square  on  the  north 
side  of  Broad,  between  Eighth  and  Ninth  streets. 


VIRGINIA   CONVENTION   OF    1788.  5 

eventful  days,  never  flagged,  and  on  several  occasions,  and 
especially  on  the  Mississippi  debate,  were  wrought  to  a  pitch  of 
excitement  which,  whether  we  consider  the  actors  or  the  sub- 
ject, was  hardly  exceeded  by  the  most  brilliant  theatrical 
exhibitions.  And  I  may  venture  to  add  that,  since  Death  has 
set  his  seal  on  all  the  actors,  and  their  whole  lives  are  before 
us,  if  a  more  accurate  and  faithful  delineation  of  their  motives 
and  actions,  of  their  persons  even — of  their  dress,  manners,  and 
attainments — than  could  have  been  possessed  by  the  bulk  of  their 
contemporaries,  separated  by  miles  of  forest  from  one  another, 
at  a  time  when  there  was  not  in  the  State  a  mail-coach,  a  post, 
or  a  press  worthy  of  the  name,  and  when  there  could  be  but 
little  personal  communion  between  individuals,  be  not  fairly 
placed  before  the  present  generation,  it  will  be  owing  somewhat 
indeed  to  the  difficulties  of  the  theme  itself,  but  more  to  the  inca- 
pacity or  negligence  of  the  historian  who  attempts  to  record  it. 
Since  the  adjournment  of  the  Convention,  seventy  years  have 
nearly  elapsed ;  and  in  that  interval  two  entire  generations  have 
been  born,  lived,  and  passed  away.  Nor  has  the  change  been  felt 
in  human  life  alone.  This  populous  city,  which  now  surrounds 
us  with  its  laboratories  of  the  arts,  with  its  miles  of  railways  and 
canals,  with  its  immense  basin  and  capacious  docks,  with  its 
river  bristling  with  masts  and  alive  with  those  gay  steamers  that 
skirt  our  streams  as  well  as  those  dark  and  statelier  ones  that 
assail  the  sea,  with  its  riches  collected  from  every  clime,  with  its 
superb  dwellings,  with  its  structures  reared  to  education,  litera- 
ture, and  religion,  with  those  electric  wires  which  hold  it  in  in 
stantaneous  rapport  with  Boston  and  New  Orleans — places  which, 
at  the  time  of  the  Convention,  could  only  be  reached  by  weeks 
and  even  months  of  tedious  travel — and  which  are  destined  to 
connect  it,  ere  another  lustrum  be  past,  with  London  and  Paris, 
with  St.  Petersburg  and  Vienna,  and  with  its  numerous  lamps 
which  diffuse,  at  the  setting  of  the  sun,  a  splendor  compared 
with  which  the  lights  kindled  by  our  fathers  in  honor  of  Sara- 
toga and  York,  or  of  Bridgewater  and  New  Orleans,  would  be 
faint  and  dim,  was  a  straggling  hamlet,  its  humble  tenements 
scattered  over  the  sister  hills,  and  its  muddy  and  ungraded  streets 
trenched  upon  by  the  shadows  of  an  unbroken  forest.8  This 

8  Morse  describes  Richmond  in  1789,  one  year  later,  as  having  three 
hundred  houses. 


6  VIRGINIA    CONVENTION    OF    1788. 

venerable  building  in  which  we  are  now  assembled,  which  was 
originally  modelled  after  one  of  the  most  graceful  temples  of  the 
Old  World,  and  which  overlooks  one  of  the  loveliest  landscapes 
of  the  New,  was  yet  unfinished  ;  and  the  marble  image  of  Wash- 
ington, which  for  more  than  two  thirds  of  a  century  has  guarded 
its  portals,  which  has  been  recently  invested  with  a  new  immor- 
tality by  the  genius  of  Hubard,9  and  which,  we  fondly  hope,  will 

9  William  James  Hubard  (pronounced  H^-bard),  the  son  of  an  artist 
of  ability,  was  born  in  Warwick,  England,  August  2oth,  1807.  He  early 
exhibited  a  proclivity  for  art.  and  "pursued  his  studies  in  France,  Ger- 
many, and  Italy." 

There  is  evidence  of  the  progress  made  by  him  in  a  testimonial  pre- 
served by  his  family — a  silver  palette  which  bears  the  inscription : 
"Awarded  to  Master  James  Hubard  by  the  admirers  of  his  genius  in 
the  city  of  Glasgow,  Scotland.  February  14,  1824." 

He  came  to  America  in  this  year,  and  was  for  some  time  a  resident 
of  Philadelphia.  Later  he  made  Virginia  his  home,  marrying,  in  1838, 
Miss  Maria  Mason  Tabb,  of  Gloucester  county,  a  lady  of  means  and  a 
member  of  an  influential  family.  In  the  same  year  he  revisited  Europe, 
returning  after  an  absence  of  more  than  three  years  to  Virginia,  and 
settling  finally  in  Richmond.  His  art  life  was  an  active  one,  as  is 
evinced  in  numerous  works  from  his  easel — original  conceptions,  por- 
traits, and  copies  from  the  masters — all  marked  by  his  characteristic 
boldness  and  beauty  of  color.  A  little  while  before  the  period  of  the 
text  (1856),  he  fixed  his  residence  in  the  western  suburbs  of  Richmond, 
near  that  of  an  erratic  brother  artist,  Edward  Peticolas.  This  last 
building,  coming  into  his  possession  upon  the  death  of  his  friend,  he 
converted  into  a  foundry,  specially  for  the  reproduction  in  bronze  of 
Houdon's  matchless  Washington  which  graces  the  rotunda  of  our  Capi- 
tol. There  were  six  of  these  admirable  casts— each  a  single  piece  of 
metal — an  accomplishment  not  often  attempted.  Of  these,  one  is  at 
the  Virginia  Military  Institute,  Lexington,  two  in  North  Carolina — one 
at  Raleigh  and  the  other  at  Charlotte — a  fourth  in  Central  Park,  New 
York  city,  a  fifth  in  St.  Louis,  Missouri,  and  a  sixth  in  the  grounds  of 
the  University  of  Missouri  at  Columbia  Early  in  the  late  war  between 
the  States,  Hubard  converted  part  of  his  studio  into  a  laboratory  and 
engaged  in  the  filling  of  shrapnel  shells  with  a  compound  of  his  own 
invention.  These  shells,  it  is  said,  served  the  famous  Merrimac.  Hu- 
bard's  foundry  is  said  also  to  have  supplied  light  and  powerful  field 
pieces  to  many  of  the  early  artillery  companies  of  the  Confederate 
Army. 

On  the  morning  of  the  i4th  of  February,  1862,  whilst  Hubard  was 
engaged  in  filling  a  shell,  a  spark  ignited  the  compound.  The  explo- 
sion inflicted  fatal  injuries,  from  which  he  died  on  the  following  day- 


VIRGINIA    CONVENTION   OF    1788.  7 

transmit  to  distant  ages  the  life-like  semblance  of  the  great  origi- 
nal, had  indeed  received  the  last  touches  of  the  chisel  of  Hou- 
don,  but  had  not  been  lifted  to  its  pedestal.  Our  territory,  though 
not  as  large  as  it  had  been,  was  larger  than  it  is  now.  Virginia 
had  added  to  the  Federal  Government,  four  years  before  the 
meeting  of  the  Convention,  her  northwestern  lands,  which  now 
constitute  several  States  of  the  Union  ;10  but  still  held  the  soil 
from  the  Atlantic  to  the  Mississippi.  For  Kentucky,  who,  if  not 
matre  filia  pulchrior,  was  worthy  of  the  stock  from  which  she 
sprung,  though  destined  soon  to  leave  her  happy  home,  yet 
clung  to  the  bosom  of  her  mother.11 

Hubard  was  a  gifted  man, and  it  was  claimed  would  have  attained  greater 
distinction  in  modeling  than  in  limning.  An  early  work  of  his,  exe- 
cuted at  Florence,  is  said  to  have  enthusiastically  stirred  the  Sculptor 
Greenough — an  Indian  chief,  with  his  horse  in  full  strain,  to  whom  a 
flash  of  lightning  reveals  a  precipice  immediately  before  him.  This 
conception  Hubard  afterwards  committed  to  canvass. 

Nor  was  the  pen  of  Hubard  idle.  He  left  in  MS.  a  critical  work  on 
Art  in  America,  and  a  novel,  both  of  which  were  pronounced  by  com- 
petent critics  productions  of  merit.  They  were  unfortunately  de- 
stroyed in  the  pillage  of  his  residence  April  3,  1865.  Two  children  of 
Hubard  survive — Wm.  James  Hubard  and  Mrs.  Eliza  Gordon,  wife  of 
Rev.  John  James  Lloyd,  Abingdon,  Va.  The  editor  is  indebted  to  Mrs. 
Lloyd,  through  the  mediation  of  Mann  S.  Valentine,  Esq.,  of  Rich- 
mond, who  was  an  intimate  friend  of  the  lamented  Hubard,  for  the 
preceding  details.  Mr.  Valentine  includes  in  his  numerous  art  posses- 
sions many  of  the  best  examples  of  Hubard's  genius. 

10 Virginia  made  the  cession  in  January,  1781,  but  "it  was  not 
finally  completed  and  accepted  until  March,  1789."  Curtis 's  Hist. 
Con.,  I,  137. 

11  As  the  delegates  from  Kentucky  played  an  important  role  in  the 
Convention,  it  may  be  proper  to  state  that  the  District,  as  it  was  then 
called,  was  divided  into  seven  coiwities,  which,  with  their  delegates,  are 
as  follows :  Bourbon :  Henry  Lee,  Notlay  Conn ;  Fayette :  Humphrey 
Marshall,  John  Fowler ;  Jefferson :  Robert  Breckenridge,  Rice  Bul- 
lock ;  Lincoln:  John  Logan,  Henry  Pawling;  Madison:  John  Miller, 
Green  Clay  ;  Nelson  :  Matthew  Walton, John  Steele;  Mercer:  Thomas 
Allen,  Alexander  Robertson.  Mann  Butler,  in  his  history  of  Kentucky, 
has  fallen  into  one  or  two  errors  in  the  names  of  the  delegates,  which 
he  probably  learned  from  hearsay.  The  above  list  is  copied  from  the 
Journal.  Kentucky,  soon  after  the  adjournment  of  the  Convention, 
formed  a  constitution  for  herself,  and  was  duly  admitted  as  one  of  the 


8  VIRGINIA  CONVENTION    OF    1788. 

The  population  of  the  State  demands  a  deliberate  notice.  In 
spite  of  the  numbers  that  had  perished  from  disease  and  expo- 
sure during  the  war,  that  had  been  abstracted  by  the  British,12 
that  had  sought  the  flat  lands  of  Ohio,  or  that  had  married  and 
settled  abroad,  it  had,  since  that  great  day  on  which  the  people 
of  Virginia,  in  convention  assembled,  had  declared  their  inde- 
pendence of  the  British  Crown,  been  steadily  advancing,  arid 
from  five  hundred  and  sixty  thousand  at  the  date  of  the  August 
Convention  of  1774,  had  now  reached  over  eight  hundred  thou- 
sand. Of  this  number,  five  hundred  and  three  thousand  two 
hundred  and  forty -eight  were  whites,  twelve  thousand  eight  hun- 
dred and  eighty  were  free  colored,  and  three  hundred  and  five 
thousand  two  hundred  and  fifty-seven  were  slaves.13  Her  num- 
bers might  well  inspire  the  respect  of  her  sisters  and  the  pride 
of  her  sons,  and  sufficiently  explain  the  position  which  she  held 
in  the  Confederation.  Her  population  was  over  three-fourths  of 
all  that  of  New  England.  It  was  not  far  from  double  that  of 
Pennsylvania.  It  was  not  far  from  three  times  that  of  New 
York.  It  was  over  three-fourths  of  all  the  population  of  the 
Southern  States.  It  exceeded  by  sixty  thousand  that  of  North 
Carolina  and  what  was  afterwards  called  Tennessee,  of  South 
Carolina,  and  of  Georgia  ;  and  it  was  more  than  a  fifth  of  the 
population  of  the  whole  Union. 

But  the  topic  which  claims  the  most  serious  attention,  not  only 
of  the  general  reader  but  of  the  political  economists  and  of  the 

States  of  the  Union  at  the  same  time  with  Vermont — one  on  the  9th, 
the  other  on  the  i8th  of  February,  1791.  It  is  to  the  presence  of  the 
Kentucky  delegation  that  we  owe  the  exciting  drama  of  the  Mississippi 
debate. 

12  Mr.  Jefferson  estimated  the  number  of  negroes  taken  off  in  a  single 
campaign  at  one-fifth  of  the  entire  black  population  of  the  State,  and 
the  seaboard  suffered  severely  throughout  the  war. 

13  Professor  Tucker,  bringing  the  lights  of  the  modern  census  to  bear 
upon  our  Colonial  population,  estimates  that  of  Virginia  in  1774  to 
have  been  500,000.    (History  U.  S.,  I,  96.)    The  census  of  1790  puts  it 
down  at  738,308,  nearly  sixty-two  thousand  less  than  the  number  stated 
in  trie  text,  which,  from  a  careful  examination  made  some  years  ago,  I 
believe  to  be  the  true  one.     Indeed,  the  extent  of  Virginia  at  that 
period,  which  reached  from  the  Atlantic  to  the  Mississippi,  the  unset- 
tled state  of  the  country,  the  scattered  population,  made  the  taking  of 
a  correct  census  impossible. 


VIRGINIA    CONVENTION    OF    1788.  9 

statesmen,  and  in  comparison  with  which  the  questions  of  the 
extent  of  our  territory  and  the  number  of  the  population  appear 
almost  unimportant,  is  the  condition  of  the  commerce  of  Virginia 
when  the  Federal  Constitution  was  presented  for  ratification.  It 
was  under  her  own  control.  Her  trade  was  free  ;  the  duties  levied 
upon  foreign  commerce  were  laid  by  herself,  and  were  collected 
by  her  officers.  She  had  her  own  custom  houses,  her  own  ma- 
rine hospitals,  and  her«own  revenue  cutters  bearing  her  own  flag. 
Her  imposts  were  light,  because  it  was  then  deemed  unwise  to 
lay  burdens  upon  trade,  and  partly  from  an  apprehension  not 
unfounded  that  a  heavy  duty  laid  upon  a  particular  article  of 
merchandise  might  direct  the  whole  of  an  assorted  cargo  from 
her  ports  to  the  ports  of  a  more  liberal  neighbor.14  Yet  the 
amount  of  duties  collected  for  several  years  previous  to  the  Con- 
vention constituted  one  of  the  largest  items  received  into  the 
treasury,  and  at  the  low  rate  of  duty  ranging  from  one  to  five 
per  cent.,  represented  an  import  trade  of  several  millions. 

Or,  to  speak  with  greater  precision,  the  net  amount  of  money 
in  round  numbers  received  into  the  treasury  of  Virginia  from 
customs  accruing  during  the  three-quarters  of  the  year  ending 
the  3ist  of  May,  1788,  was  sixty  thousand  pounds,  which  in  our 
present  currency  are  equivalent  to  two  hundred  thousand  dol- 
lars.15 The  customs  of  the  fourth  quarter  of  the  fiscal  year,  end- 
ing-the  thirty-first  of  August,  are  not  given  ;  and,  as  during  that 
interval  the  customs  on  the  cargoes  brought  back  in  return  for 
the  tobacco  crop  carried  out  in  the  spring  were  received,  it  prob- 
ably exceeded  two-fold  the  product  of  either  of  the  two  preced- 
ing quarters  ;  but  we  will  place  it  in  common  with  the  other 
quarters  at  sixty-six  thousand  dollars.  This  sum  of  two  hundred 
and  sixty-six  thousand  dollars  would  represent,  under  an  aver- 
age tariff  of  five  per  centum,  an  import  trade  of  over  five  mil- 
lions of  dollars.  And  from  the  present  value  of  money,  five 
millions  at  that  time  would  be  nearly  equal  to  ten  millions  at  the 
present  day.  And  farther,  as  credit  then  was  comparatively 

M  John  Randolph  used  to  allude  to  the  tradition  that  duties  laid  by 
Virginia  on  certain  articles,  which  were  admitted  free  of  duty  into  Mary- 
land, was  the  main  cause  of  the  rise  of  Baltimore. 

15  For  the  receipts  from  custom  see  the  annual  report  of  the  Treas- 
urer in  the  Journals  of  the  Senate  and  House  of  Delegates  of  each 
year  from  1783  to  1788. 


10  VIRGINIA,  CONVENTION    OF    1788. 

unknown,  the  imports  were  almost  wholly  based  upon  exports, 
which  must  have  reached  five  millions  of  dollars.16  Thus  the 
import  and  export  trade  of  Virginia  during  the  year  ending  the 
thirty-first  of  August,  1788,  was,  at  the  present  value  of  money, 
not  far  from  twenty  millions  of  dollars  ;  an  amount  which  it  had 
never  reached  before,  and  which,  with  the  exception  hereinafter 
to  be  mentioned  and  explained,  it  has  never  reached  since. 

But  the  average  rate  of  the  tariff  of -1788,  instead  of  being 
five  per  centum  as  above  estimated,  was  in  fact  less  than  two  and 
a  half  per  centum  ;17  and  the  duties  collected  under  it  would,  on 
the  grounds  already  stated,  represent  a  commerce  of  forty  mil- 
lions of  dollars.  Enormous  as  this  sum  appears,  it  may  be 
nearly  reached  by  another  process.  The  year  1769  was  regarded 
an  ordinary  year,  yet  the  imports  of  Virginia  during  that  year  are 
ascertained  to  have  been  over  four  millions  and  a  quarter.18  At 
that  time  our  trade  was  almost  wholly  with  Great  Britain  and 
possessions ;  and  our  great  and  only  staple  which  she  would  re- 
ceive was  tobacco.  In  the  interval  of  nineteen  years,  the  popu- 
lation had  from  natural  increase  and  immigration  nearly  doubled, 
and  brisk  trade  in  all  the  products  of  the  soil  and  the  forest  was 
prosecuted  with  almost  every  foreign  power.  It  is  not  unfair  to 
presume  that  a  laborer  in  1788  was  as  successful  as  a  laborer  in 


16  A  shrewd  traveller,  Captain  J.  F.  D  Smyth,  of  the  British  army,  who 
visited  Virginia  just  before  the  Revolution  and  was  present  during  the 
war,  states  that  Virginia  then  exported  "  at  least  one  hundred  thou- 
sand hogsheads  of  tobacco  of  about  one  thousand   pounds  each,   of 
which  between  ten  and  fifteen  thousand  might  be  the  produce  of  North 
Carolina.'1     He  adds  that  Virginia   exported,  ''besides  Indian  corn, 
provisions,   skins,  lumber,  hemp,  and  some  iron,   large  quantities  of 
wheat  and  flour";  and  he  estimated  the  wheat  at  "  five  hundred  thou- 
sand bushels,"  and  the  flour  "at  fifteen  thousand  barrels."     Smyth's 
Tour  in  the  United  States,  Vol.   II,  140.     In  1775,  there  were  exported 
101,828,617  pounds  of  tobacco,  27,623,451  pounds  remaining  on  hand 
in  Great  Britain,  and  74,205,166  pounds  in  other  countries  of  Europe. 
Tobacco  Cttlture  in  the  United  States,  Tenth  Census,  Vol.  IV;  *'  Suc- 
cinct Account  of  Tobacco  in  Virginia— 1607-1790,"  by  R   A.  Brock,  p. 
223. 

17  I  handed  the  Tariff  Acts  of  Virginia,  in  force  in  1788,  to  a  mercantile 
friend,  with  a  request  that  he  would  furnish  me  with  a  correct  average 
of  all  the  duties,  and  he  made  it  rather  under  than  over  two  per  cent. 

18  $4)255)oo°-     Forrest 's  History  of  Norfolk,  73. 


VIRGINIA    CONVENTION   OF    1788.  11 

1769,  and  that  the  imports  and  exports  of  1788  must  have  nearly 
doubled  what  they  were  nineteen  years  before  ;  and  they  would 
thus  reach  over  thirty  millions  of  dollars. 

Indeed,  the  commercial  prosperity  of  Virginia,  from  the  date 
of  the  treaty  of  peace  to  the  meeting  of  the  Convention,  was 
amazing.  Her  accessibility  by  sea  at  all  seasons,  her  unequalled 
roadstead,  the  safe  navigation  of  her  bays  and  rivers,  the  extent, 
the  convenience,  and  the  security  of  her  great  seaport,  the  bulk, 
variety  and  value  of  her  agricultural  produce,  invited  the  enter- 
prise of  foreign  capital.  Many  of  the  buildings  of  Norfolk  had 
been  burned  at  the  beginning  of  the  war  by  the  British ;  and  those 
that  remained  had  been  burned  by  the  order  of  the  Committee  of 
Safety  or  of  the  Convention  ;  and  in  that  once  flourishing  town, 
whose  pleasant  dwellings  and  capacious  warehouses  attracted  the 
attention  of  the  European  visitor,  and  whose  rental  in  the  year 
preceding  their  destruction  amounted  to  fifty  thousand  dollars,19 
not  a  building  was  allowed  to  remain.  The  whole  population 
had  been  withdrawn  and  billeted  upon  families  in  the  interior, 
whose  claims  for  remuneration  are  strewed  over  our  early  Jour- 
nals. Even  the  wharves,  which  were  made  of  pine  logs,  were 
destroyed  by  the  burning  of  the  houses  that  rested  upon  them. 

Nought  was  left  of  a  scene  once  so  fair  but  the  land  on  which 
the  town  was  built,  and  the  noble  river  that  laved  its  smoulder- 
ing ruins.  But  in  less  than  eight  years  from  the  date  of  the  con- 
flagration, and  less  than  five  from  the  date  of  the  treaty  of  peace, 
new  and  more  commodious  houses,  destined  to  be  destroyed 
by  another  some  vears  later  and  to  rise  with  renovated  splendor, 
had  risen,  and  warehouses  ample  enough  to  hold  large  cargoes 
had  been  erected.  We  had  not  many  merchants  of  our  own, 
for  the  habits  and  prejudices  of  the  people  were  in  another  direc- 
tion ;  but  merchants  from  England,  Scotland  and  Holland,  and 
from  the  Northern  States,  well  skilled  in  trade,  sought  our  ports, 
settled  themselves  permanently  among  us,  founded  families  which 
are  still  proud  of  the  worth  of  their  progenitors,  and,  it  may  be 

19  Forrest's  History  of  Norfolk,  85.  The  burning  of  Norfolk  by  our 
own  people  was  an  act  little  short  of  madness.  A  population  of  six 
thousand  men  were  thrown  at  once  upon  the  interior  to  consume  the 
provisions  needful  for  the  prosecution  of  the  war;  and  Portsmouth, 
directly  opposite,  was  as  good  a  place  for  the  military  purposes  of  the 
enemy  as  Norfolk. 


12  VIRGINIA  CONVENTION   OF    1788. 

remarked,  became,  without  exception,  the  most  strenuous  advo- 
cates of  the  adoption  of  the  Federal  Constitution.  There  were 
no  banks  in  those  days  in  Virginia,  nor  was  there  any  public 
depository  of  coin,  which  was  emptied  on  the  upper  floor  of 
warehouses  and  tossed  about  with  shovels  and  spades.20  Ships 
of  every  nation  filled  our  seaport.  Their  curious  streamers, 
waving  every  Sabbath  from  the  masthead  and  glittering  in  the 
sun,  presented  a  scene  that  was  long  and  keenly  remembered  by 
the  inhabitants  of  Norfolk.  An  officer  of  the  Revolution,  who 
had  served  in  the  Southern  army,  and  who  visited  Norfolk  two 
years  before  the  meeting  of  the  present  Convention,  was  struck 
at  seeing  ships  not  only  crowded  three  or  four  deep  at  the  wharves, 
but  moored  so  thickly  in  the  stream  that  a  ferry  boat  passing 
from  Norfolk  to  Portsmouth  could  advance  only  by  cautiously 
working  her  zigzag  course  among  them.  Some  of  the  ships  at 
anchor  awaited  their  chances  to  discharge  and  receive  their  car- 
goes at  the  wharves,  while  others  preferred  to  discharge  and  re- 
ceive their  freight  in  those  vast  and  gloomy  lighters,  that  may 
still  be  seen,  freighted  with  fuel,  entering  or  departing  from  the 
modern  city.  This  observing  traveller  happened  to  be  present 
on  a  gala  day,  when  the  ships  were  dressed,  and  when  their 
salutes  were  heard  through  the  town,  and  he  was  reminded  of 
that  brilliant  spectacle  exhibited  at  the  departure  of  the  British 
men-of-war  and  numerous  transports  with  flags  flying,  with 
drums  beating,  and  amid  the  roar  of  artillery,  from  the  harbor  of 
Charleston  on  the  evacuation  of  that  city  by  the  enemy.21 

This  trade  with  foreign  powers  was  strictly  legitimate.  We 
were  at  peace  with  all  nations,  and  the  leading  States  of  Europe 
were  at  peace  with  themselves.  It  was  not  the  result  of  political 
regulation  or  of  distracted  times.  It  was  not  the  offspring  of 
war  between  the  carrying  nations  of  the  globe,  and  certain  to 
terminate  at  the  close  of  the  war  ;  a  species  of  trade  which  some 
years  later  fell  to  our  lot,  which  involved  us  in  fruitless  negotia- 
tions, perplexed  us  with  interminable  controversies,  led  to  the 
impressment  of  our  sailors  and  to  the  sequestration  of  our  ships, 
dishonored  our  flag  in  our  own  waters,  and  finally  brought  on  a 


20  I  heard  this  fact  from  a  venerable  merchant  of  Norfolk,  who  is  yet 
living  (1866) ;  and  who  saw  it  in  his  childhood. 

21  Colonel  Edward  Carrington. 


VIRGINIA    CONVENTION    OF    1788.  13 

war  with  one  of  the  belligerents.  The  trade  enjoyed  by  our 
fathers  was  strictly  legitimate.  It  was  stimulated  by  no  passion) 
it  was  not  the  offspring  of  cunning  or  favor.  It  was  the  result 
of  common  interests.  It  was  the  exchange  of  commodities  be- 
tween nations  who  believed  themselves  benefited  by  the  opera- 
tion ;  and  as  it  was  the  result  of  common  interests,  so  it  was 
likely  to  be  lasting.  Indeed,  nothing  short  of  war  or  political 
regulation  could  affect  it. 

Nor  was  this  trade  wholly  fed  by  the  commodities  of  Virginia. 
The  waters  of  the  Chesapeake  bore  to  our  seaport  not  only  the 
product  of  our  own  countries  on  its  shores,  but  the  products  of 
Maryland  and  Pennsylvania.  New  England,  New  York,  New 
Jersey,  North  Carolina,  and  South  Carolina  contributed  their 
aid.  And  although  no  modern  facilities  for  the  transportation 
of  produce  from  the  interior  then  existed,  our  own  exports  ex- 
ceeded the  anticipations  of  the  merchants.  The  embarrassments 
which  many  planters  had  to  encounter  at  the  close  of  the  war 
were  numerous  and  severe.  When  they  looked  around  on  their 
once  thrifty  plantations,  a  scene  of  devastation  met  their  eyes. 
Their  fences  had  been  burned  by  the  British  or  by  our  own 
soldiers  during  a  seven  years'  war.  Most  of  their  live  stock  had 
long  disappeared.  Their  cattle  had  either  been  seized  by  our 
own  commissaries  to  sustain  the  army  in  the  field,  and  was  paid 
for  in  worthless  paper,  or  had  been  taken  by  the  British  and  not 
paid  for  at  all.  A  favorite  measure,  both  of  the  Americans  and 
the  British,  was  to  lay  waste  the  country  on  the  track  which 
either  might  be  required  to  pass.  Not  only  were  fences  burned, 
fruit  trees  destroyed,  houses  demolished  or  sacked,  but  beasts, 
whether  fit  for  use  or  not,  were  seized  upon.  The  throats  of 
young  colts  were  cut  by  the  British,  lest  from  this  source  the 
cavalry  of  the  Americans  should  thereafter  be  recruited.  One- 
fifth  of  the  black  population  had  been  carried  off  by  the  British 
or  died  on  their  hands  ;  and,  in  the  face  of  the  treaty  of  Paris, 
few  or  none  were  returned.  Money  might  have  lessened  the 
troubles  of  the  planters  to  a  certain  extent,  and  in  a  desolate 
country  to  a  certain  extent  only,  but  money  was  not  to  be  had. 
The  country  was  as  bankrupt  as  the  citizen.  Debt,  like  a  cloud, 
rested  alike  over  the  State  Government,  over  the  Federal  Gov- 
ernment, and  over  a  great  number  of  people.  But,  what  sensi- 


14  VIRGINIA  CONVENTION   OF    1788. 

bly  affected  many  persons,  debts  due  the  British  merchants,  some 
of  which  had  been  paid  into  the  treasury  under  the  sanction  of 
an  Act  of  Assembly,  were  now  to  be  paid,  and  to  be  paid  in 
coin.  Hence  some  heads  of  families,  which  for  more  than  a  cen- 
tury had  commanded  respect,  quitted  their  patrimonial  hearths 
and  sought,  with  sad  hearts,  new  homes  in  the  wilderness. 
Others  sunk  down  broken-hearted,  and  left  their  members  in 
hopeless  penury. 

But,  touching-  as  is  frequently  the  fate  of  individuals  in  civil 
convulsions,  nothing  is  more  certain  that  an  active,  industrious, 
and  free  people  cannot  long  remain  in  a  forlorn  condition.  The 
population,  as  has  already  been  observed,  had,  even  amid  the 
havoc  of  war,  been  steadily  increasing ;  and  a  population  of  eight 
hundred  thousand,  living  upon  fair  lands  and  intent  on  retriev- 
ing bad  fortune,  cannot  fail,  in  a  space  of  time  incredibly  short 
in  the  eyes  of  superficial  observers,  to  accomplish  great  and,  to 
those  who  confound  individual  with  general  suffering,  most  un- 
expected results.22  Thus  it  was  that,  in  spite  of  innumerable 
obstacles  to  success,  the  country  rapidly  prospered.  With  each 
succeeding  year  the  crops  increased  in  quantity  ;  and  in  five  years 
of  peace  our  tobacco,  grain,  and  other  productions  of  the  soil 
and  the  forest,  maintained  the  grandest  commerce  that  had  ever 
spread  its  wings  from  an  Anglo-Saxon  settlement  in  the  New 
World  towards  the  shores  of  the  Old,  and  such  as  was  never 
seen  in  the  Colony,  and  such  as,  with  the  exception  of  a  short 
period,  has  never  been  seen  in  Virginia  since.  It  is  an  instruc- 
tive fact,  not  unworthy  the  attention  of  the  statesman  as  well  as 
the  political  economist,  that  the  period  from  the  death  of  Charles 
the  First  in  1641  to  the  restoration  of  Charles  the  Second — a 
space  of  nineteen  years23— and  that  the  period  between  the  peace 
of  1783  and  the  adoption  of  the  Federal  Constitution  of  1788 — 
a  space  of  five  years — have  been  the  most  prosperous  in  our 
history ;  and  that  of  the  two  centuries  and  a  half  of  Virginia, 
it  was  during  those  two  periods  only  she  enjoyed  the  benefits  of 

22  The  doctrine  of  capital  reproducing  itself  in  a  very  short  time  was 
first  distinctly  shown  by  Dr.  Chalmers.     Lord  Brougham  availed  him- 
self of  the  doctrine  without  stating  the  source  from  which  he  obtained  it. 

23  Campbells  History  of  Virginia,  edition  of  1860,  p.  242. 


VIRGINIA    CONVENTION    OF    1788.  15 

a  trade  regulated  by  her  own  authority,  unrestricted  and  un- 
taxed.2* 

It  is  our  duty  to  record  the  mistakes  of  our  fathers  as  well  as 
those  deeds  which  justly  entitle  them  to  our  respect  and  venera- 
tion. And  in  no  instance  did  they  commit  a  greater  error  than 
in  the  false  estimate  which  the  leading  advocates  of  the  Federal 
Constitution  had  formed  of  the  general  condition  and  .of  the 
commerce  of  Virginia,  when  the  Federal  Constitution  was  pre- 
sented for  adoption.  There  were,  indeed,  grave  and  grievous 
embarrassments  in  our  domestic  and  in  our  Federal  relations  that 
were  calculated  to  excite  apprehension  in  the  breasts  of  our  calmest 
and  wisest  men.  But  these  embarrassments  had  been  brought 
about  in  a  period  of  revolution,  when  all  trade  was  suspended, 
and  were  the  result  of  causes  which  had  ceased  to  operate,  and 
which  could  never  recur.  They  were  the  effect  of  time  and  cir- 
cumstances, and  were  likely  to  be  relieved  by  the  removal  of  the 
causes  which  produced  them.  An  old  and  established  nation, 
emerging  from  a  long  and  disastrous  war  waged  within  its  terri- 
tory, must  be  viewed  in  a  very  different  light  from  the  same 
nation  in  a  long  period  of  peace,  when  its  resources  were  devel- 
oped and  the  arts  cultivated  under  favorable  auspices.  But 
more  especially  does  this  observation  apply  to  a  purely  agricul- 
tural people,  occupying  a  wide  territory,  and  harassed  during 
eight  years  by  a  powerful  enemy,  when  for  the  first  time  they 
take  their  position  in  the  family  of  nations.  And  in  the  over- 
sight of  this  palpable  truth  may  be  traced  an  error  of  our  fathers, 
the  effects  of  which  we  feel  to  this  day,  and  will  continue  to  feel 
for  generations  to  come.  The  wonderful  increase  of  our  popu- 
lation they  had  not  the  means  of  knowing,  and  did  not  know  ; 
for  up  to  that  period  of  the  eighteenth  century  no  census  had 


24 1  have  sought  in  the  Norfolk  Custom  House  in  vain  for  the  full  sta- 
tistics of  the  trade  and  commerce  of  Virginia  with  our  own  and  foreign 
States  during  the  interval  between  1783  and  1790.  The  books  were 
probably  handed  over  to  the  new  Government,  and  have  been  destroyed 
in  the  lapse  of  time  as  rubbish.  Doubtless  full  reports  were  made  to 
the  treasury  department  in  Richmond,  and  there  may  be  found  in  some 
obscure  place  in  the  Capitol.  If  a  committee  were  appointed  by  the 
Assembly  to  examine  the  public  papers  now  on  file,  and  publish  in  a 
cheap  form  the  valuable  ones  amongst  them,  the  full  history  of  that 
period  may  yet  be  written. 


16  VIRGINIA^  CONVENTION    OF    1788. 

been  taken  ;  nor  had  the  custom  then  been  introduced  of  calling 
upon  the  treasurer  and  the  auditor  for  approximating  statements 
of  the  population  of  the  State.  One  of  the  most  eloquent  friends 
of  the  Constitution,  who  had  served  in  Congress,  and  who  at  the 
time  held  a  high  office  in  the  Commonwealth,  made  a  mistake  of 
212,000  in  his  estimate  of  the  people  of  Virginia  ;  or,  supposing 
he  had  excluded  the  seven  Kentucky  counties,  which  were  as 
much  a  part  of  Virginia  as  Accomac  and  Henrico,  and  are  enu- 
merated as  such  in  the  census  of  1790,  and  which  he  did  not 
exclude,  his  mistake  would  still  underrate  the  population  more 
than  129,000,  or  more  than  one-fifth  of  the  whole  number.  And 
when  the  trade  and  business  of  the  country  were  represented  in 
Convention  as  sunk  to  the  lowest  ebb,  one  of  the  opponents  of 
the  Constitution  could  only  affirm  that  several  American  vessels 
had  recently  doubled  the  Cape  of  Good  Hope. 

But  there  were  signs  of  prosperity  obvious  to  the  most  care- 
less observer  The  increased  production  of  agriculture,  the 
immense  quantities  of  lumber  which  employed  a  heavy  tonnage, 
the  vast  commerce  which  filled  our  ports  and  rivers,  and  which 
was  growing  with  every  year,  could  hardly  fail  to  attract  obser- 
vation The  imposing  picture  of  a  single  seaport  of  Virginia, 
which  had  in  the  space  of  four  years  risen  from  ashes  to  a  promi- 
nence which  it  had  not  attained  during  a  century  and  a  half  of 
colonial  rule,  was  a  living  witness  of  developed  wealth,  of  suc- 
cessful enterprise,  and  of  good  government,  and  afforded  a  cheer- 
ful omen  of  the  future.  Such  indications  of  prosperity,  if  not 
unheeded,  were  wrongly  interpreted.  Eminent  statesmen,  for- 
getting what  a  short  time  before  was  the  condition  of  a  country 
in  which  nearly  all  regular  agricultural  labor  had  for  a  series  of 
years  been  suspended,  which  was  girt  by  independent  States, 
whose  interests,  if  not  positively  hostile,  were,  as  must  always  be 
the  case  with  independent  powers  not  identical  with  its  own,  and 
which  was  called  for  the  first  time  to  arrange  and  settle  a  gen- 
eral policy  of  trade  and  business  with  commodities  beyond  its 
borders,  were  annoyed  and  perplexed  by  a  state  of  things  that 
frequently  exists  in  the  oldest  country,  that  time  and  experience 
would  insensibly  adjust,  and  which  domestic  legislation  might  at 
any  moment  remove.  It  is  one  of  the  pregnant  lessons  of  his- 
tory, that  public  men  on  the  stage  often  overlook  or  slight  in 
great  emergencies  the  salient  facts  of  their  generation,  and  in  the 


VIRGINIA    CONVENTION    OF    1788.  17 

haste  of  the  hour  take  refuge  from  pressing"  difficulties  in  a  sys- 
tem of  measures  which  seem  plausible  at  the  time,  which  offer 
the  chances  of  a  favorable  change,  and  which  posterity  is  left  to 
deplore.  Overawed  by  those  outward  aspects  of  affairs  which 
assail  the  common  eye,  they  do  not  reflect  that  the  common  eye, 
even  if  it  saw  clearly,  sees  but  a  small  part  of  a  great  empire ; 
that  what  it  does  see  it  sees  often  through  a  distorted  medium, 
and  that  it  can  embrace,  at  the  farthest,  only  a  few,  and  those 
lying  on  the  surface  of  those  innumerable  elements  which  com- 
pose the  prosperity  of  a  Commonwealth.  No  people  rising  sud- 
denly from  a  state  of  control  which  their  fathers  and  themselves 
had  endured  for  almost  two  centuries  into  a  new  complicated 
sphere,  and  capable  of  taking  the  full  measure  of  their  own 
stature,  or  the  true  dimensions  of  their  own  era.  Of  all  the 
sciences  which  act  on  the  business  of  life,  the  science  of  politi- 
cal economy  was  least  studied  by  the  statesmen  of  that  age. 
Every  question  of  law  and  politics  relating  to  men  and  communi- 
ties, every  question  that  pertained  directly  to  the  rights  of  per- 
son and  property,  had  been  critically  studied  by  our  fathers,  and 
were  discussed  with  an  ability  that  made  the  dialectics  of  the 
Revolution  as  distinctive  as  the  wisdom  which  declared  inde- 
pendence, or  the  valor  which  achieved  it.  But  the  problems  of 
political  economy  had  never  engaged  their  deliberate  attention. 
That  science  had  but  recently  taken  its  separate  station  in  Eng- 
lish literature,  for  the  Wealth  of  Nations  was  its  text-book,  and 
Adam  Smith  had  not  published  the  Wealth  of  Nations  three 
years  before  the  meeting  of  the  first  Congress.  Nor  were  the 
doctrines  of  the  new  science  readily  received.  Practical  men, 
then  as  now,  viewed  them  with  disgust,  and  some  of  the  British 
politicians  of  that  day  never  read  them  at  all.  If,  many  years 
later,  when  its  theories  were  expounded  in  Parliament  and  from 
the  chairs  of  the  schools,  Charles  James  Fox  was  not  ashamed 
to  say  that  he  had  never  read  the  Wealth  of  Nations,  it  is  no 
reflection  upon  our  fathers  that  they  had  not  studied  a  science 
which  they  had  no  opportunity  of  knowing,  and  which  had  a 
slight  bearing  only  on  colonial  legislation.  But  the  science  of 
political  economy  is  only  the  philosophy  drawn  from  the  expe- 
rience of  men  in  their  commercial  relations  with  one  another ; 
and  with  some  of  those  relations  our  fathers  had  an  intimate  ac- 
quaintance. It  is  creditable  to  Virginia  that,  though  some  of 


18  VIRGINIA   CONVENTION    OF    1788. 

her  famed  sons  did  not  comprehend  or  disregarded  the  teachings 
of  the  new  science,  others  who  had  for  a  quarter  of  a  century,  in 
peace  and  war,  mainly  guided  her  destinies,  had  read  them  wisely. 
The  unfortunate  delusion  in  respect  of  the  commerce  of  Vir- 
ginia, which  then  prevailed,  led  to  disastrous  results.  It  kept 
alive  in  our  early  councils  those  dissensions  which  existed  before 
the  war  began,  which  raged  fiercely  during  its  continuance, 
which,  coming  down  to  our  own  times,  had  nearly  kindled  the 
flames  of  civil  war,  but  which  otherwise  might  have  ended  with 
the  eighteenth  century.  It  led,  in  the  vain  hope  of  sudden  im- 
provement, to  the  hasty  adoption  of  the  present  Federal  Consti- 
tution without  previous  amendments,  and  to  the  surrender  of  the 
right  of  regulating  its  commerce  by  the  greatest  State  of  the 
Confederation  to  an  authority  beyond  its  control.  It  led  to  a 
state  of  things  of  which  our  fathers  did  not  dream,  and  which, 
if  they  could  behold,  would  make  them  turn  in  their  graves.  It 
destroyed  our  direct  trade  with  foreign  powers.  It  banished  the 
flag  of  Virginia  from  the  seas.  Instead  of  building  and  manning 
the  ships  which  carried  the  product  of  our  labor  to  foreign  ports, 
and  which  brought  back  the  product  of  the  labor  of  others  to 
our  own  ports,  as  some  were  persuaded  to  believe  would  be  the 
result  of  the  change,  it  compelled  us  thenceforth  to  commit  our 
produce  to  the  ships  of  other  States,  and  to  receive  our  foreign 
supplies  through  other  ports  than  our  own.  It  brought  about 
the  strange  result  that,  instead  of  a  large  part  of  the  cost  of  de- 
fraying the  expenses  of  the  Government  of  Virginia  being  de- 
rived from  the  duties  levied  upon  foreign  commerce,  those  duties, 
though  levied  upon  a  scale  unknown  in  that  age,20  will  not  suffice, 
in  this  sixty-ninth  year  of  the  new  system,  to  pay  the  expenses 
of  collection  by  other  hands  than  our  own. 

It  is  due  to  the  memory  of  our  fathers  to  inquire,  and  it  is  the 
province  of  history  to  record,  how  far  such  a  result  could  have 
been  foreseen  at  the  time ;  for  the  decision  of  the  question  has 
no  unimportant  bearing  upon  the  reputation  of  the  men  who  up- 
held or  opposed  the  system  from  which  such  a  revolution  was 

25In  a  manuscript  letter  of  Edmund  Pendleton,  dated  December  4, 
1792,  in  my  possession,  that  illustrious  jurist  says:  "Five  per  cent, 
seemed  to  have  been  fixed  on.  as  a  standard  of  moderation,  by  the 
general  consent  of  America."  This  entire  letter  is  devoted  to  the  sub- 
ject of  the  tariff. 


VIRGINIA   CONVENTION    OF    1788.  19 

destined  to  proceed ;  and  we  fitly  pause  in  our  narrative  to  say 
a  few  words  on  the  subject.  It  is  singular  that,  when  the  Fede- 
ral Constitution  was  presented  for  their  consideration,  our  fathers 
had  already  been  more  familiar  with  the  theory  of  Federal  sys- 
tems than  any  public  men  of  that  generation.  Of  the  ablest 
men,  who,  more  than  ten  years  before,  either  aided  in  framing 
the  Articles  of  Confederation  in  Congress,  who  discussed  them 
in  the  General  Assembly,  who  ratified  them  in  behalf  of  Vir- 
ginia in  Congress,  and  who  watched  their  operation  in  Congress 
and  in  the  Assembly,  nearly  all  were  then  living.  One  of  them, 
whose  immortal  name  is  appended  to  those  Articles,  had  pub- 
lished his  opinions  on  the  new  system.26  Several  members  of 
Congress  were  members  of  the  present  Convention.  When 
those  Articles  were  maturing  in  Congress,  and  were  afterwards 
discussed  in  the  General  Assembly,  the  distinctive  merits  of  the 
Federal  schemes  recorded  in  history  were  freely  canvassed.  It 
was  soon  seen  that  history,  in  its  long  roll  of  nations  which  have 
coalesced  from  motives  of  gain,  ambition,  or  self-defense,  afforded 
no  model  of  a  Federal  alliance  which  was  suited  to  the  existing 
emergency,  and  that  the  problem  was  to  be  solved  for  the  occa- 
sion. It  was  only  from  general  reasoning,  drawn  from  the  nature 
of  independent  States,  that  our  fathers  could  arrive  at  their  con- 
clusions. And  that  reasoning  was  this :  The  right  to  regulate 
the^trade  and  commerce  of  a  State  is,  in  fact,  the  right  to  con- 
trol its  industry,  to  direct  its  labor,  and  to  wield  its  capital  at 
will.  It  was  one  of  those  exclusive  rights  of  sovereignty  that 
are  inseparable  from  its  being,  and  that  no  State  can  commit  to 
the  discretion  of  another ;  for  no  State  whose  industry  is  con- 
trolled by  another,  can  be  said  to  be  free.  To  raise  what  pro- 
ducts we  please,  to  send  them,  in  our  own  way,  to  those  who  are 
willing  to  take  them,  and  to  receive  in  exchange  such  commodi- 
ties as  we  please,  and  those  commodities  to  be  free  from  all  bur- 
dens, except  such  as  we  choose  to  put  upon  them,  is  a  right 
which  no  people  should  voluntarily  relinquish,  and  which  no 
people  ever  relinquished  but  to  a  conquerer.  A  small  State  may, 
indeed,  coalesce  with  a  larger,  and  on  certain  conditions  may 

26  Letter  of  R.  H.  Lee  to  Governor  Randolph,  Elliott's  Debates,  Vol. 
I,  502,  edition  of  1859 ;  objections  of  George  Mason,  Ibid.,  494;  Edmund 
Randolph's  letter  to  the  Speaker  of  the  Virginia  House  of  Delegates, 
Ibid.,  482. 


20  VIRGINIA.  CONVENTION    OF    1788. 

derive  benefit  from  so  intimate  an  alliance.  The  gain  from  an 
equal  participation  in  the  trade  of  the  buyer,  and  a  sense  of  se- 
curity from  their  united  strength,  may  be  deemed  a  fair  equiva- 
lent for  the  risks  which  it  runs.  But  it  is  plain  that  the  benefits 
of  such  a  coalition  depend  whblly  on  the  good  faith  of  the 
stronger  party  ;  and  the  rights  of  the  weaker  are  enjoyed  by  the 
courtesy  of  the  stronger.  To  hold  the  most  precious  rights  at 
the  discretion  of  another  was  a  dangerous  experiment ;  and  ex- 
perience has  shown  that  no  such  union  has  ever  been  voluntarily 
made.  No  confederacy,  in  ancient  or  in  modern  times,  was  ever 
formed  on  so  intimate  a  union  of  its  several  parts,  and  the  un- 
usual experience  of  mankind  should  seem  to  forbid  it. 

But  if  it  be  dangerous  for  a  small  State  to  form  so  intimate^an 
alliance  with  a  greater,  it  follows  that  it  is  equally  dangerous  for 
a  large  State  to  coalesce,  not  with  a  smaller,  or  a  series  of  smaller 
ones,  whose  combined  strength  is  inferior  to  its  own.  but  with  a 
series  of  States  whose  strength  exceeds  its  own,  whose  voices 
can  control  the  common  counsels,  and  whose  interests  can  apply 
the  common  resources  at  discretion.  In  such  a  case,  the  large 
State  sinks  its  independent  position,  and  has  no  more  conclusive 
control  of  its  own  affairs  than  the  humblest  member  of  the  asso- 
ciation. Hence,  the  record  of  civilized  States  affords  no  instance 
of  such  an  alliance.  Guided  by  these  principles,  our  fathers 
determined  to  form  a  Federal  alliance  more  intimate,  indeed,  than 
any  which  has  come  down  to  us,  but  to  reserve  a  conclusive  con- 
trol over  the  trade  and  the  commerce  of  Virginia.  They  were 
willing  to  surrender  the  sword,  but  they  retained  the  purse  in 
their  own  keeping. 

Of  all  alliances  between  independent  States  in  ancient  or  in 
modern  times,  the  Articles  of  Confederation  presented  the  fair- 
est model  of  a  Federal  system.  It  raised  the  admiration  of 
Europe,  strangely  mingled  with  surprise.  For  a  single  province, 
or  more  provinces  than  one,  to  cast  off  allegiance  to  a  distant 
power,  was  no  uncommon  incident  in  modern  times.  But  to 
form  a  Federal  alliance,  which  bestowed  with  a  liberal  hand  upon 
the  central  executive  all  the  powers  which  the  general  interests 
demanded,  and  yet  guarded  with  consummate  skill  the  integrity 
and  independence  of  the  component  parts,  was  a  brilliant  achieve- 
ment. Its  reception  by  the  people  was  joyous.  At  a  later 
period,  when  its  workings  had  been  observed  more  closely,  the 


VIRGINIA   CONVENTION   OF    1788.  21 

Congress  which  it  created  but  echoed  the  general  voice  in  pro- 
nouncing it  "a  glorious  compact."  It  was  destined  to  a  short 
life  of  eight  years ;  and  its  brightness  has  paled  before  the  more 
dazzling  scheme  which  succeeded  it ;  but  it  still  remains  the  most 
perfect  model  of  a  confederation  which  the  world  has  ever  seen. 
The  future  historian  will  record  its  worth  with  becoming  pride, 
and  rescue  the  glory  of  its  founders  from  the  eclipse  which  the 
ambition  and  passions  of  men  have  combined  to  darken  it. 

What  heightened  the  admiration  of  the  Federal  system  was  the 
circumstances  under  which  it  was  formed.  It  was  at  the  darkest 
period  of  the  Revolution.  It  was  formed  at  a  time  when  the 
greatest  military  and  naval  power  which  the  world  had  ever  seen 
was  marshalling  all  its  forces  against  a  feeble  country,  and  was 
pushing  them  forward  with  certain  hopes  of  conquest;  when 
some  of  the  statesmen  most  active  in  the  public  councils,  shrink- 
ing from  the  odds  arrayed  against  them,  were  ready,  it  is  alleged, 
to  create  a  dictator  in  the  State  and  a  dictator  in  the  Federal 
Government ;  when  the  punishment  of  treason,  denounced  against 
our  fathers  by  a  king,  whose  predecessor  and  ancestor  had, 
within  the  memory  of  men  then  on  the  stage,  converted  the 
fields  of  a  kingdom,  whose  crown  he  inherited,  into  a  blackened 
waste,  and  decimated  a  brave  though  rude  population,  was  sus- 
pended over  their  heads  ;  and  when  every  motive  that  could 
sway  the  bosoms  of  men,  impelled  the  people  of  the  revolted 
Colonies  to  form  the  strongest  bulwark  against  the  invading  hosts. 
And  it  is  one  of  the  wonders  of  history  that  a  State  which  would 
not  surrender  its  purse  in  the  midst  of  a  crisis  that  invoked  its 
existence,  should,  in  a  time  of  profound  peace  and  of  general 
prosperity,  have  consented  to  such  a  sacrifice. 

But  the  deed  was  done,  and  it  is  our  duty  to  inquire  whether 
the  tendency  of  the  Federal  Constitution  to  produce  such  an  effect 
on  the  commerce  of  the  State  as  has  since  been  apparent,  could 
have  been  foreseen  at  the  time  of  its  adoption.  A  single  glance 
will  show  that  it  contains  no  provision  respecting  one  State  more 
than  another  ;  and  that  all  the  States  stand  on  the  same  level. 
It  is  in  its  general  scope  that  we  must  seek  the  cause  of  the  com- 
mercial decline  of  this  Commonwealth.  Immemorial  experience 
has  shown  that  in  every  single  and  undivided  political  com- 
munity— and  such  would  be  the  States  of  the  Union,  so  far  as 
commerce  is  concerned,  under  the  proposed  Constitution — there 


22  VIRGINIA.  CONVENTION   OF    1788. 

must  be  a  controlling  centre  of  trade,  of  business  and  of  money. 
It  might  not  have  been  safe  to  foretell  the  exact  spot  where  that 
centre  would  be,  but  it  was  very  easy  to  foretell  where  it  would 
not  be.  It  would  not  be  in  the  ports  of  a  people  whose  entire 
capital  and  labor  were  invested  in  agriculture,  and  who  had  not, 
during  the  period  that  elapsed  from  the  settlement  at  James 
Town  to  the  peace  of  1783,  built  and  manned  a  single  merchant 
ship  of  three  hundred  tons.  But  let  that  centre  be  established 
anywhere,  and  the  result  would  not  be  a  matter  of  surprise  but 
of  mathematical  qertainty.  Its  influence  would  be  universal.  It 
would  extend  to  the  remotest  limits  of  the  widest  empire.  It 
would  be  equally  stringent  in  regulating  a  commercial  transac- 
tion in  the  waters  of  the  Bay  of  Fundy  and  at  St.  Mary's,  which 
was  then  the  southern  boundary  of  the  Union.  No  Southern 
merchant  could  build,  equip,  and  load  a  ship,  despatch  her  to  a 
foreign  port,  and  order  her  to  return  with  an  assorted  cargo  to 
a  Virginia  port,  without  being  governed  by  the  rates  prevailing 
at  the  controlling  centre  of  the  capital  and  labor  of  the  country. 
Bankruptcy,  immediate  and  irretrievable,  would  certainly  fol- 
low the  neglect  of  such  a  precaution.  It  would  be  as  wild  to 
build,  load,  and  sail  a  ship  in  opposition  to  the  law  of  trade 
emanating  from  the  central  power,  as  it  would  be  to  attempt  to 
place  a  planet  in  the  skies  irrespective  of  the  law  of  gravitation. 
The  consequence  would  ultimately  be  that  the  money  centre 
would  increase  in  population  and  resources  with  an  accelerated 
rapidity,  while  those  parts  distant  from  the  centre,  probably  in 
some  proportion  to  their  distance  from  that  centre,  and  especially 
those  which,  engaged  in  agriculture,  were  less  able  to  change  the 
nature  of  their  investments,  must  relatively  decline.  It  is  not 
contended  that  this  central  power  is  absolutely  immovable;  for, 
as  it  is  not  the  creature  of  law,  nor  derives  its  power  from  ordinary 
legislation,  it  is  possible  to  move  it  at  any  moment  ;  but  it  can 
only  be  removed  by  a  kindred  power  greater  than  itself.  We 
have  no  right  to  wonder  that  our  fathers  overlooked  the  obvious 
course  of  business  and  exchanges,  when  we  see  what  has  been 
done  in  our  time  by  their  descendants.  Year  after  year  we  have 
denounced  the  Federal  tariff  as  the  cause  of  the  commercial  de- 
cline of  the  South,  and  one  of  the  Southern  States  went  so  far 
in  opposing  it  as  to  threaten  a  disruption  of  the  Union.  Yet  it 
is  plain,  from  what  has  been  said,  that  the  tariff,  which,  by  the 


VIRGINIA    CONVENTION    OF    1788.  23 

way,  acted  on  the  navigation  of  the  North  precisely  as  it  acted 
on  the  navigation  of  the  South,  however  odious,  as  laying  upon 
the  South  what  was  deemed  a  high  and  unequal  tax,  had  no  more 
effect  on  our  navigation  than  it  had  on  the  rise  and  fall  of  the 
tides,  or  on  the  course  of  our  winds.  If  the  Federal  revenue 
had  been  derived  from  direct  taxation,  or  from  the  sales  of  the 
public  lands  ;  if  not  a  dollar  from  the  origin  of  the  Federal  Gov- 
ernment to  the  present  hour  had  been  levied  upon  imports  ;  nay, 
further,  if  not  a  solitary  slave  had  existed  for  the  last  seventy 
years  in  that  vast  realm  stretching  from  the  Potomac  to  the  Rio 
Grande;  the  result  complained  of  in  the  South  would  have  been 
essentially  the  ^ame.  The  evil  which  the  Southern  States  felt, 
and  it  is  an  existing  evil,  the  effects  of  which  on  population,  arts, 
and  manufactures,  are  formidable,  the  acts  of  Congress  did  not 
cause,  ,and  the  acts  of  Congress  cannot  cure.  It  follows,  and 
must  follow  indefinitely,  from  the  silent  operation  of  that  organic 
Federal  bond  which  makes  the  people  of  the  several  States,  so 
far  as  commerce  is  concerned,  one  people.  It  is  in  the  various 
advantages  resulting  from  the  Federal  compact,  that  we  must 
seek  a  compensation  for  the  loss  of  our  direct  trade  with  foreign 
powers.  The  problem  which  should  engage  the  attention  of 
Southern  statesmen  is  not  to  seek  a  restoration  of  the  state  of 
things  that  existed,  when  seventy  years  ago  the  Federal  Consti- 
tution was  adopted,  by  a  dissolution  of  the  Union,  an  event  which 
would  not  only  fail  from  obvious  considerations  to  effect  the 
desired  end,  but  would  open  a  hundred  new  questions  of  peace 
and  war  more  perplexing  and  more  difficult  of  solution  than  the 
one  which  now  annoys  us  ;  but  acknowledging  at  once  the  bind- 
ing obligation  ol  a  law  of  trade,  which  the  experience  of  seventy 
years  has  shown  our  inability  to  resist  in  the  absence  of  the  right 
to  regulate  our  own  commerce,  and  adapting  ourselves  to  the 
new  figure  of  the  times,  to  ascertain  the  best  means  of  making 
it  available  in  the  highest  degree  to  the  prosperity  of  the  South- 
ern States.27 

The  basis  of  the  Convention,  a  topic  of  so  much  strife  in  re- 
spect of  the  Conventions  of  our  own  times,  did  not  much  engage 
the  attention  of  our  fathers.  It  was  the  basis  of  the  House  of 
Delegates,  which  was  then  composed  of  two  members  from  each 

27  It  will  be  kept  in  mind  that  this  was  read  before  the  Historical 
Society  in  February,  1858,  and,  I  may  add,  written  a  year  or  two  before. 


24  VIRGINIA  ^CONVENTION    OF    1788. 

of  the  eighty-four  counties,  of  one  member  from  the  city  of  Wil- 
liamsburg,  and  of  one  member  from  the  borough  of  Norfolk.28 
Some  time  was  to  elapse  before  Richmond  and  Petersburg  were 
to  send  delegates  to  the  Assembly.  Richmond,  named  by  Byrd 
after  that  beautiful  village  which  looks  grandly  down  on  the 
waters  of  the  Thames,  and  which  has  been  commemorated  by 
the  muse  of  Denham,  was  then  known  in  public  proceedings  as 
Richmond  To,vn,  in  order  to  distinguish  it  from  the  county  of 
the  same  name.  Since  the  organization  of  the  State  Govern- 
ment in  1776 — a  period  of  twelve  years — no  less  than  twenty- 
eight  counties  had  been  formed  ;  and  the  naming  of  the  new 
counties  offered  a  graceful  opportunity  of  honoring  individual 
worth.29  Posterity  beholds  in  those  names  no  uninstructive  me- 

28  The  curious  eye  will  miss,  with  tender  regret,  the  name  of  William 
and  Mary  College,  which  had  sent  delegates  to  the  House  of  Burgesses 
for  eighty-four  years,  but  was  disfranchised  by  the  Convention  of  1776. 
The  delegates  from  this  institution  were  always  of  the  highest  order  of 
talents  and  moral  worth.     The  amiable  and  excellent  Blair  represented 
the  College  in  the  Convention  of  1776,  its  last  representative. 

29  The  names  of  the  counties  laid  off  in  the  interval  between  July, 
1776,  and  June,  1788,  were  Fluvanna,  Rockingham,  Rockbridge,  Green- 
brier.  Henry,  Kentucky,  Washington,  Montgomery,  Ohio,  Yohoganey, 
Monongalia,  Powhatan,  Illinois,  Jefferson,  Fayette,  Lincoln,  Harrison, 
Greensville,  Campbell,  Nelson,  Franklin,  Randolph,  Hardy,  Bourbon, 
Russell,  Mercer,  Madison,  and  Pendleton.     The  reader   may  wish   to 
know  on  which  of  the  patriots  of  the  Revolution  the  honor  of  having  a 
county  called  by  his  name  was  conferred.     Patrick  Henry  received  that 
honor.     He  was  the  first  Governor  of  the  State,  and  the  old  Colonial 
rule  of  naming  a  county  after  the  existing  Governor  was  applied  with 
peculiar  propriety  in  his  case.     But,  at  the  same  session,  the  county  of 
Fincastle  was  divided  into  Kentucky,  Washington,  and  Montgomery, 
and  the  name  of  Fincastle  dropped,  as  was  also,  at  the  same  session, 
the  name  of  Dunmore,  and  Shenandoah  substituted   in  its  stead.     At 
the  session  of  the  Assembly  immediately  after  the  adjournment  of  the 
present  Convention,  a   county   was  called  after  George  Mason,   and 
another  after  the  gallant  Woodford.     Mason  and  Woodford  counties 
were  in  the  district  of  Kentucky,  and  were  lost  to  us  when  the  district 
became  a  State.     So  that  at  this  time  we  have  no  county  named  after 
the  author  of  the  Declaration  of  Rights,  and  the  General  who  gained 
the  first  victory  of  the  Revolution.     The  present  Mason  county  was  laid 
off  in  1804 — the  year  after  the  death  of  Stevens  Thomson  Mason,  a  dis- 
tinguished patriot,  long  a  member  of  both  Houses  of  Assembly  and  of 
the  Senate  of  the  United  States ;  and,  I  have  understood,  was  called  in 
honor  of  his  name. 


VIRGINIA   CONVENTION    OF    1788.  25 

morial  of  the  estimation  in  which  the  originals  were  held  by  their 
contemporaries.  Indeed,  from  such  materials,  one  skilled  in  the 
anatomy  of  history,  might,  in  the  absence  of  other  sources  of 
intelligence,  reconstruct  no  inaccurate  record  of  that  age.  Not 
one  of  those  names  had  hitherto  received  any  such  expression  of 
the  public  regard ;  for,  up  to  this  period,  the  name  of  no  Vir- 
ginian had  been  given  to  a  county  ;  and  in  the  number  and 
character  of  the  new  names,  it  is  plainly  seen  that  some  remark- 
able public  epoch  had  occurred.  The  history  of  Henry,  Wash- 
ington, Jefferson,  Harrison,  Campbell,  Nelson,  Randolph,  Hardy, 
Russell,  Woodford,  Mercer,  Madison,  and  Pendleton,  is  the  his- 
tory of  their  times.  The  names  of  Montgomery,  Franklin,  Lin- 
coln, and  Greene,  show  that  in  the  great  event  which  had  trans- 
pired, and  which  had  called  forth  so  many  of  our  own  citizens, 
we  had  received  the  succor  of  our  sister  States ;  while  the  name 
of  Fayette  evokes  the  name  of  that  chivalrous  youth  who,  turn- 
ing his  back  on  the  endearments  of  domestic  life  and  the  fasci- 
nations of  the  gayest  metropolis  in  Europe,  hastened  to  share 
with  our  fathers  the  toils  and  dangers  of  war,  who  attained  to 
the  rank  of  Major- General  in  the  armies  of  the  United  States,  and 
held  high  command  in  our  midst,  and  who  won  on  the  field  of 
York  his  greenest  laurel ;  and  the  name  of  Bourbon  renews  the 
recollection  of  that  beneficent  but  unfortunate  prince,  without 
whose  assistance  the  war  of  the  Revolution  might  have  lasted 
thirty  years,  and  whose  fleets  and  armies  aided  in  gaining,  in  our 
behalf,  and  within  the  limits  of  this  Commonwealth,  one  of  the 
most  glorious  of  those  innumerable  battles  in  which  the  banner 
of  St.  Louis  had,  during  many  centuries,  been  borne  in  triumph. *~ 

Near  the  close  of  Sunday,  the  first  day  of  June,  1788,  Rich-  / 
mond  Town  was  in  an  unusual  bustle.  The  day  had  been  bright 
and  warm,  and  was  among  the  last  days  of  a  drought,  which  had 
killed  nearly  all  the  young  tobacco  plants  in  the  hill  uncovered 
by  clods,  and  had  filled  the  roads  fetlock-deep  with  dust,  but  which 
fortunately  made  the  rivers  and  creeks  fordable  on  horseback. 
Indeed,  a  rainy  spell  at  that  time  would  have  been  a  grave  an- 
noyance. It  would  have  detained  half  of  the  members  of  the 
Convention  on  the  road.  It  might  have  decided  the  fate  of  the 
Federal' Constitution.  A  heavy  rain  at  nightfall  would  have  kept 
the  member  for  Henrico,  who  lived  on  Church  Hill,  from  taking 
his  seat  next  morning  in  the  old  Capitol  or  in  the  new  Academy. 


26  VIRGINIA.CONVENTION    OF    1788. 

Bridges  were  then  rare ;  and  a  fresh  rendered  the  clumsy  ferry- 
boat of  little  avail.  None  of  the  appliances  against  the  inclem- 
ency of  the  weather  were  then  introduced.  Oil  skin  and  India 
rubber  had  not  yet  been  heard  of;  even  the  umbrella,  which  now 
makes  a  part  of  the  Sunday  rigging  of  the  negroes  on  the  to- 
bacco estates  of  the  Staunton  and  the  Dan,  was  then  unknown. 
Rumors  had  reached  the  State  that  sallow  men,  from  the  remote 
East,  might  be  occasionally  seen  on  the  steps  of  the  India  House, 
or  sauntering  in  Piccadilly,  having  in  their  hands  a  curious  in- 
strument, which  \yas  used  ordinarily  as  a  cane,  but  which,  when 
hoisted  and  held  overhead,  protected  the  body  from  the  rays  of 
the  fiercest  sun,  and  also  from  the  rain,  though  it  should  descend 
in  torrents. 

People  in  greater  numbers  than  had  ever  been  known  before 
were  coming  into  town  from  every  quarter.  Our  modes  of  travel 
are  widely  different  from  what  they  then  wert\  Not  only  were 
the  can  tl,  the  railway,  and  the  steamer  then  unknown,  but  coaches 
were  rarely  seen.  There  were  thousands  of  respectable  men  in 
the  Commonwealth  who  had  never  seen  any  other  four-wheeled 
vehicle  than  a  wagon,  and  there  were  thousands  who  had  never 
seen  a  wagon.  Nothing  shows  more  plainly  the  difference  be- 
tween the  past  and  the  present  than  the  modes  of  conveyance 
used  then  and  now.  To  pass  from  Richmond  to  the  Valley  of 
Virginia  in  a  carriage  and  pair  was  seldom  attempted  ;  and,  if 
attempted,  was  seldom  successful.  The  roads,  which,  now  wind- 
ing their  way  gradually  around  the  hills  and  mountains,  make  a 
jaunt  across  the  Alleghany  safe  and  pleasant,  then,  when  there 
were  no  roads  at  all,  sought  the  top  the  nearest  way.  Thirty 
years  later,  it  was  rare  that  the  lowlander,  who  drove  in  his 
coach  to  the  mountains,  brought  back  the  same  pair  of  horses 
with  which  he  set  out  on  his  journey.  One  of  the  pair  had  made 
his  final  pause  in  Rockfish  Gap,  and  had  been  exchanged  for 
another  at  the  next  settlement.  The  bones  of  the  other  had 
been  picked  by  the  buzzards,  which,  circling  low  and  drowsily 
above  the  road  of  the  Warm  Springs  mountain,  had  watched 
with  listless  eyes  their  yet  breathing  prey.  Now  the  traveller 
may  pass  into  the  interior  from  the  mouth  of  the  James  more 
than  three  hundred  miles  in  canal  packets,  or  in  capacious 
steamers,  the  tonnage  of  one  of  which  exceeds  the  combined  ton- 
nage of  the  fleets  in  which  Columbus  and  John  Smith  made  their 


VIRGINIA    CONVENTION    OF    1788.  27 

first  voyage  to  the  New  World,  and  hardly  miss  the  comforts 
and  quiet  of  home.  Then,  and  until  forty  years  later,  when  the 
skill  of  Crozet  had  taught  the  waters  of  the  James  to  flow  peace- 
fully in  trenches  excavated  by  the  pickaxe  or  blasted  from  the 
rock,  the  daring  traveller  who  passed  in  a  boat  from  the  North 
river  into  the  James,  and  thence  through  the  Balcony  Falls,  was 
never  tired  of  recounting  the  dangers  which  beset  his  course. 
The  swiftness  of  the  river  was  frightful  ;  the  loudest  screams  of 
the  boatman,  who  wielded  the  long  oar  at  the  helm,  was  lost 
amid  the  roar  of  the  waters  dashing  against  the  rocks  ;  the  roar 
of  the  waters  smote  the  rugged  sides  of  the  cliffs  that  guarded 
the  pass,  and  the  sullen  cliffs  gave  back  the  roar.  It  was  Scylla 
and  Charybdis,  the  whirlpool  and  the  rock,  in  fearful  juxtaposi- 
tion. Should  the  long  and  frail  boat,  flying  with  a  rapidity  un- 
known to  steam  or  sail,  and  twisted  by  the  torrent,  deviate  a  few 
feet  from  a  tortuous  channel  known  only  to  the  initiated,  it  was 
shipwrecked  beyond  the  reach  of  human  aid.  At  the  time  of 
which  we  are  treating,  there  was  not  only  no  mail  coach  running 
west  of  Richmond,  but  no  mail  coach  running  to  Richmond 
itself.  The  planter,  his  legs  sheathed  in  wrappers,  his  spare 
clothes  stowed  in  saddle-bags,  and  his  cloak  strapped  behind  his 
saddle,  left  his  home  on  his  own  horse. 

Cavalcades  of  horsemen,  to  be  traced  from  an  elevated  posi- 
tion by  the  clouds  of  dust  that  rose  above  them,  were  now  seen 
along  the  highways  leading  into  town.  Just  before  sunset  might 
have  been  observed  from  this  hill30  the  approach  of  two  men, 
whose  names  will  be  held  in  honor  by  generations  to  come. 
Though  not  personal  enemies,  they  rarely  thought  alike  on  the 
greatest  questions  of  that  age,  and  they  came  aptly  enough  by 
different  roads.  One  was  seen  advancing  from  the  south  side  of 
the  James,  driving  a  plain  and  topless  stick  gig.  He  was  tall, 
and  seemed  capable  of  enduring  fatigue,  but  was  bending  for- 
ward as  if  worn  with  travel.  His  dress  was  the  product  of  his 
own  loom,  and  was  covered  with  dust.  He  was  to  be  the  master- 
spirit of  the  Convention.  The  other  approached  from  the  north 
side  of  the  river  in  an  elegant  vehicle  then  known  as  a  phaeton,81 

30  This  was  read  in  the  hall  of  the  House  of  Delegates  in  the  Capitol. 

31  This  phaeton  Pendleton  afterwards  gave  to  his  relative,  the  mother 
of  Jaquelin  P.  Taylor,  Esq.,  the  treasurer  of  the  Virginia  Historical  So- 
ciety, who  distinctly  remembers  it. 


28  VIRGINIA,CONVENTION    OF    1788. 

which  was  driven  so  slowly  that  its  occupant  was  seen  at  a  glance 
to  be  pressed  by  age  or  infirmity.  He  had  been  thrown  some 
years  before  from  his  horse  and  had  dislocated  his  hip,  and  was 
never  afterwards  able  to  stand  or  walk  without  assistance.  His 
imposing  stature,  the  elegance  of  his  dress,  the  dignity  of  his 
mien,  his  venerable  age,  bespoke  no  ordinary  man.  He  was 
called  by  a  unanimous  vote  to  preside  in  the  body.  Both  of 
these  eminent  men  had  been  long  distinguished  in  the  Colony 
and  in  the  Commonwealth.  Both  had  borne  a  prominent  part  on 
every  great  occasion  since  the  session  of  the  House  of  Burgesses 
of  1765.  Both  had  been  intimately  connected  with  that  memo- 
rable resolution  which  instructed  the  delegates  of  Virginia  to 
propose  independence.  One  had  sustained  that  resolution  with 
unrivaled  eloquence  on  the  floor  ;  the  other  had  drawn  it  with 
his  own  hand.  They  met  on  the  steps  of  the  Swan  and  ex- 
changed salutations.  Public  expectation  was  at  its  height  when 
it  was  known  that  Patrick  Henry  and  Edmund  Pendleton,  who, 
for  a  quarter  of  a  century,  had  been  at  the  head  of  the  two  great 
parties  of  that  day,  were  about  to  engage  in  another  fierce  con- 
flict in  the  councils  of  their  country. 

The  occasion  might  well  inspire  the  deepest  interest.  For 
more  than  five  years  the  amendment  of  the  Articles  of  Confed- 
eration had  engaged  the  public  attention,  but  within  two  years 
then  past  it  had  become  an  engrossing  topic.  On  the  2ist  of 
January,  1786,  Virginia,  by  a  formal  resolution  of  her  Assembly, 
had  invited  a  meeting  of  the  States,  which  was  ultimately  held 
at  Annapolis.32  That  body  proposed  the  assembling  of  a  Con- 
vention in  Philadelphia  on  the  second  day  of  May,  1787.  This 
resolution  received  the  sanction  of  the  Congress  of  the  Confed- 
eration, and  was  pressed  by  that  body  on  the  attention  of  the 


32  For  the  resolution  of  Virginia  inviting  the  meeting  that  was  held 
at  Annapolis,  see  the  Appendix  ;  for  the  Journal  of  the  meeting  at  that 
place,  see  Bioren's  and  Duane's  edition  U.  S.  Laws*  I,  55;  for  the  letter 
to  the  States  sent  forth  by  those  who  met,  and  originally  prepared  by 
Colonel  Hamilton,  see  Elliot's  Debates,  V,  115;  and  for  the  resolution 
appointing  delegates  to  the  General  Convention  in  Philadelphia,  see 
Appendix.  The  resolution  convoking  the  meeting  at  Annapolis,  and 
the  preamble  and  resolution  appointing  delegates  to  the  Convention, 
was  drawn  by  Mr.  Madison.  The  preamble  of  the  last  deserves  a  care- 
ful perusal. 


VIRGINIA   CONVENTION    OF    1788.  29 

States ;  but  even  before  Congress  had  acted  upon  it,  the  General 
Assembly  of  this  Commonwealth  had  complied  with  its  object, 
and  had  appointed  a  delegation  to  the  proposed  Convention. 
The  number  and  character  of  the  delegates  selected  for  the  ser- 
vice demonstrated  the  importance  of  the  movement ;  and  Vir- 
ginia, when  she  had  confided  her  trust  to  George  Washington, 
Patrick  Henry,  Edmund  Randolph,  John  Blair,  James  Madison, 
George  Mason,  and  George  Wythe,  calmly  awaited  the  result  of 
their  labors.83 

The  General  Convention  of  the  United  States  did  not  form  a 
quorum  until  the  twenty-fourth  day  of  May  ;  and,  after  a  con- 
tinuous session  of  four  months,  adjourned  on  the  seventeenth  of 
September  following.  The  Constitution,  the  work  of  its  hands, 
was  duly  transmitted  to  Congress,  and  was  recommended  by  that 
body  to  the  consideration  of  the  States.  Its  first  publication  in 
this  State  gave  rise  to  various  emotions.  A  dark  cloud  evidently 
rested  above  its  cradle.  Most  of  the  officers  and  many  of  the 
soldiers  of  the  Revolution,  swayed  by  the  opinions  of  Wash- 
ington, which  were  openly  expressed  in  conversation,  and  in  his 
letters,  and  charmed  by  the  beautiful  outline  of  a  great  polity 
presented  by  the  instrument  itself,  received  it  with  admiration 
and  delight.  But  a  formidable  opposition  was  soon  apparent 
from  another  quarter.  The  leading  statesmen  of  Virginia,  men 
who  had  sustained  the  resolutions  of  Henry  against  the  Stamp 
Act,  and  his  resolutions  for  embodying  the  militia,  who  had  been 
eager  for  independence,  and  who  had  guided  the  public  councils 
during  the  war  and  in  the  interval  between  the  close  of  the  war 
and  the  meeting  of  the  General  Convention,  read  the  new  plan 
with  far  different  feelings.  They  saw,  or  thought  that  they  saw, 
in  its  character  and  in  its  provisions,  that  the  public  liberties 
were  seriously  menaced,  and  that  a  war  for  independence  was  to 
be  waged  once  more  under  most  painful  circumstances.  Here- 
tofore the  people  had  been  united  in  the  common  cause;  and 


33  Colonel  Henry  declined  the  appointment,  and  R.  H.  Lee  was  ap- 
pointed by  the  Governor  in  his  stead  ;  but  he  declined,  doubtless  for  the 
same  reason  which  induced  the  Assembly  to  pass  him  by,  which  was 
that  he  was  President  of  Congress,  which  would  hold  its  sessions  simul- 
taneously with  those  of  the  Convention.  On  Lee's  declension,  Dr. 
James  McClurg  was  appointed,  and  took  his  seat  at  the  beginning  of 
the  session. 


30  VIRGINIA, CONVENTION    OF    1788. 

their  union,  in  spite  of  many  obstacles,  had  carried  them  success- 
fully through  the  late  contest.  But  now  one  portion  of  the  peo- 
ple was  to  be  arrayed  against  another  ;  and  the  result  of  the  new 
contest,  whatever  it  might  be,  would  be  fraught  with  peril.  The 
first  general  impression  should  seem  to  have  been  adverse  to  the 
new  system.  It  had  taken  the  people  by  surprise.  It  should  be 
remembered  that  the  deliberations  of  the  General  Convention 
had  been  secret,  and,  that  if  they  had  been  public,  the  facilities  by 
which  we  are  now  enabled  to  watch  from  its  inception  any  meas- 
ure of  public  policy,  did  not  then  exist.  The  Constitution  pro- 
posed an  entirely  new  system  of  government,  when  the  belief  of 
the  people  was  universal  that  the  powers  of  the  General  Con- 
vention were  limited  to  an  amendment  of  the  existing  system  to 
which  they  had  become  attached,  and  which  they  believed  amply 
sufficient,  with  certain  modifications,  to  attain  the  end  of  its  cre- 
ation. They  felt  at  the  moment  that  resentment  which  springs 
from  a  sense  of  having  been  cajoled  or  deceived  by  those  to 
whom  we  have  confided  an  important  trust.34  Upon  a  nearer 
view,  they  were  led  to  believe  that  the  new  Constitution  was  in 
opposition  to  the  wishes  of  a  majority  of  their  representatives  in 
Convention.  It  bore  indeed  the  name  most  dear  to  the  hearts  of 
the  people,  but  he  may  have  signed  it  as  an  officer,  and  not  as 


34  If  the  reader  wishes  to  see  how  far  these  suspicions  were  founded, 
let  him  consult  and  compare  the  resolution  appointing  delegates  to 
Annapolis  ;  the  resolution  of  the  General  Assembly  of  the  third  of 
November,  1786,  declaring  that  an  act  ought  to  pass  to  appoint  dele- 
gates to  the  General  Convention  "  with  powers  to  devise  such  further 
provision  as  shall  to  them  appear  necessary  to  render  the  Constitution 
of  the  Federal  Government  adequate  to  the  exigencies  of  the  Union  ; 
and  to  report  such  an  act  for  that  purpose  to  the  United  States  in  Con- 
gress assembled,  as,  when  agreed  to  by  them,  and  afterwards  con- 
firmed by  the  legislatures  of  every  State,  will  effectually  provide  for  the 
same  "  ;  and  especially  the  resolution  appointing  the  delegates  to  the 
Convention,  which  was  drawn  by  Mr.  Madison,  under  the  instructions 
of  the  foregoing  resolution,  marking  the  substitution  of  the  word 
"  States  "  for  legislatures ;  and  it  will  be  seen  that  a  strict  and  literal 
amendment  of  the  old,  and  not  the  introduction  of  a  new  one,  was  in 
the  view  of  the  Assembly.  From  the  state  of  parties  in  the  House  of 
Delegates  when  these  resolutions  were  passed,  it  may  be  safely  affirmed 
that  not  thirty  votes  could  have  been  obtained  for  any  other  amend- 
ment than  a  specific  one  to  pass  through  the  forms  required  for  an 
amendment  to  the  Articles  of  Confederation. 


VIRGINIA    CONVENTION    OF    1788.  31 

an  individual ;  but  with  the  exception  of  the  names  of  Blair  and 
Madison,  it  bore  no  other.  Patrick  Henry  had  declined  his  seat 
in  the  Convention ;  but  neither  the  name  of  McClurg,  who  suc- 
ceeded him,  nor  that  of  Mason,  or  Randolph,  or  Wythe  were 
attached  to  its  roll.  If  the  absence  of  these  names  meant  any 
thing,  it  meant  that  if  the  vote  of  Virginia  could  have  controlled 
the  question  of  the  adoption  of  the  Constitution  by  the  Conven- 
tion which  framed  it,  it  would  not  have  seen  the  light.  It  was 
the  work  then  of  a  minority  of  the  delegates  of  Virginia  in  Con- 
vention, and  it  had  the  hand  of  bastardy  on  its  face.  And  it  is 
certain  that  upon  an  immediate  direct  vote  upon  it  by  the  peo- 
ple, it  would  have  been  rejected  by  an  overwhelming  majority. 
Fortunately,  there  was  full  time  for  the  examination  of  the  new 
system.  From  the  adjournment  of  the  General  Convention  to 
the  time  of  the  meeting  of  the  Virginia  Convention,  which  was 
called  to  discuss  it,  eight  months  would  elapse  ;  and  never  were 
eight  months  spent  in  such  animated  disputation.  Essays  on 
the  new  scheme  filled  the  papers  of  the  day,  but  the  papers  of 
that  day  were  small  and  had  but  a  limited  circulation  ;  and  for 
the  first  time  in  our  recent  history,  the  pamphlet  became  a  fre- 
quent engine  of  political  warfare.  Beside  those  essays  which 
have  come  down  to  us  in  the  garb  of  the  Federalist,  and  which 
are  still  regarded  with  authority,  there  were  others  published 
throughout  the  States  of  equal  popularity.  The  solemn  protest 
of  George  Mason,  the  eloquent  letter  of  Edmund  Randolph,  then 
Governor,  to  the  Speaker  of  the  House  of  Delegates,  and  the 
statesmanlike  production  of  Richard  Henry  Lee  addressed  to 
the  Governor,  all  demonstrating  the  defects  of  the  proposed  plan 
of  government,  were  in  every  hand.35  The  bibliographer  still 
points  to  the  tracts  of  the  period,  bound  in  small  volumes,  as 
among  the  sybil  relics  of  our  early  political  literature.  But  how- 
ever great  was  the  influence  of  the  press,  its  influence  was  ex- 
ceeded by  oral  discussions.  Public  addresses  were  made  at  every 
gathering  of  the  people.  The  court  green,  the  race-course,  and 


35  Though  the  people  in  the  vicinity  of  towns  and  villages  could  get 
a  glance  at  a  paper,  even  prominent  men  in  the  interior  were  not 
reached  by  the  press.  Humphrey  Marshall,  from  Kentucky,  had  trav- 
elled into  the  densely  populated  parts  of  Virginia  on  his  way  to  the 
Convention,  when  he  met  with  a  number  of  the  Federalist  for  the  first 
time. 


32  VIRGINIA    CONVENTION    OF    1788. 

the  muster-field,  resounded  with  disputations.  The  pulpit  as 
well  as  the  rostrum  uttered  its  voice,,  and  the  saint  and  the  sin- 
ner mingled  in  the  fierce  melee™  An  incident  which  occurred  in 
Halifax  will  serve  to  show  the  excitement  of  the  times.  A 
preacher  on  a  Sunday  morning  had  pronounced  from  the  desk  a 
fervent  prayer  for  the  adoption  of  the  Federal  Constitution  ;  but 
he  had  no  sooner  ended  his  prayer  than  a  clever  layman  ascended 
the  pulpit,  invited  the  people  to  join  a  second  time  in  the  suppli- 
cation, and  put  forth  an  animated  petition  that  the  new  scheme 
be  rejected  by  the  Convention  about  to  assemble  by  an  over- 
whelming majority.37 

Great  tact  was  shown  by  the  friends  of  the  new  scheme  in  the 
selection  of  candidates.  The  honest  country  gentlemen  whose 
fathers  had  been  for  years  in  the  Assembly,  and  who  had  been 
ior  years  in  the  Assembly  themselves,  and  who  thought  that  they 
had  a  prescriptive  title  to  public  honors,  were  gently  put  aside, 
and  the  judge  was  taken  from  the  bench,  and  the  soldier,  who 
was  reposing  beneath  the  laurels  won  in  many  a  stricken  field, 
was  summoned  from  his  farm  to  fill  a  seat  in  the  approaching 
Convention.  Such,  indeed,  was  the  zeal  with  which  the  elec- 
tions were  pushed,  that,  for  the  first  time  in  our  history,  personal 
enmities  were  overlooked,  and  ancient  political  feuds,  which 
promised  to  descend  for  generations,  were  allowed  to  slumber. 
One  gentleman,  who,  in  the  beginning  of  the  war,  had  been  sus- 
pected of  dealing  with  the  enemy,  who  had  been  arrested  and 
held  under  heavy  bonds  in  strict  confinement,  and  had  been 
escorted  by  a  military  guard  into  the  interior  of  the  State,  was 
returned  to  the  Convention,  his  friendship  for  the  Constitution 


36  There  was  a  passage  at  arms  between  the  Rev.  John  Blair  Smith, 
president  of  Hampden-Sydney  College  in   Prince  Edward  county,  and 
Patrick  Henry,  who  represented  that  county  in  the  Convention.     Henry 
had  inveighed  with  great  severity  against  the  Constitution,  and  was 
responded  to  by  Dr.  Smith,  who  pressed  the  question  upon  Henry,  why 
he  had  not  taken  his  seat  in  the  Convention  and  lent  his  aid  in  making 
a  good  Constitution,  instead  of  staying  at  home  and  abusing  the  work 
of  his  patriotic  compeers?     Henry,  with  that  magical  power  of  acting 
in  which  he  excelled  all  his  contemporaries,  and  which  before  a  popu- 
lar assembly  was  irresistible,  replied  :  "  I  SMELT  A  RAT." 

37  I  could  "name  names,"  if  necessary,  but  to  do  so  might  possibly 
be  unpleasant  to  the  descendants  of  the  actors. 


VIRGINIA   CONVENTION   OF    1788.  33 

wiping  out  the  sins  of  his  earlier  life.  Another  member,  whose 
father  had  by  a  formal  decree  of  one  of  the  early  Conventions 
been  arrested,  had  also  been  placed  under  heavy  bonds,  and  had 
been  confined  within  certain  limits,  and  who  had  himself  spent 
the  entire  period  of  the  Revolution  abroad,  expiated  his  guilt 
patrimonial  and  personal  by  his  attachment  to  the  new  system, 
and  took  his  seat  by  the  side  of  men  whose  swords  had  hardly 
ceased  to  drip  with  the  blood  of  the  common  foe.  Whether  we 
regard  such  results  as  flowing  from  high  principles  or  from  the 
impulse  of  eager  passion,  it  is  equally  our  duty  to  record  them. 
Thus,  when  the  time  approached  for  the  election  of  the  members 
who  were  to  decide  the  fate  of  the  Constitution,  there  was  not 
only  an  obvious  line  drawn  between  its  friends  and  its  enemies, 
but  there  were  shrewd  estimates  of  its  ultimate  fate. 

The  assembling  of  the  Convention  attracted  attention  through- 
out the  State  and  throughout  the  Union.  _  Few  of  the  citizens  of 
Virginia  had  ever  seen  a  Convention  of  the  people.  The  Con- 
vention of  August,  1774,  sate  in  Williamsburg,  and  adjourned 
after  a  session  of  five  days.  The  Conventions  of  March,  of  July, 
and  of  December,  1775,  sate  in  Richmond  ;  but  the  Convention 
of  March  was  in  session  but  seven  days,  the  Convention  of  July 
only  thirty-nine  days,  and  that  of  December  fifty  days ;  and  the 
Richmond  of  1775  differed  almost  as  much  from  the  Richmond 
of  1778,  small  as  it  was  at  the  latter  period,  as  the  Richmond  of 
1788  differed  from  the  Richmond  of  1858.  The  Convention  of 
1776  sate  in  Williamsburg,  and,  .as  the  sessions  embraced  sixty ' 
days,  was  together  longer  than  any  deliberative  body  in  our  pre- 
vious annals.  Still,  from  the  emergencies  of  war,  from  the  uncer- 
tainty of  the  times,  and  from  the  sparseness  of  the  population, 
those  only  who  lived  in  the  vicinity  of  Williamsburg  and  Rich- 
mond had  then  seen  any  of  the  prominent  men  of  that  generation. 
Henry  was  the  best  known  of  our  public  men.  He  had  not  only 
been  Governor  twice  during  the  last  twelve  years,  and  occasion- 
ally a  member  of  the  Assembly,  which  he  was  ever  the  last  to 
reach  and  the  first  to  quit,  but  he  had  frequently  been  called  to 
distant  counties  to  defend  culprits  which  no  native  talents  were 
likely  to  screen  from  the  law ;  yet  few  of  the  men  then  on  the 
stage  had  ever  seen  Henry.  Pendleton,  who,  from  his  years, 
was  more  of  a  historical  character  than  Henry,  could  for  the  last 
ten  years  be  seen  only  in  term  time  on  the  bench,  or  in  his  snug 


34  VIRGINIA    CONVENTION    OF    1788. 

room  at  the  Swan,  or  in  vacation  on  his  estate  in  Caroline. 
Mason,  though  laborious  on  committees  and  in  the  House  of 
Delegates,  had  a  horror  of  long  sessions,  and  would  not  be  per- 
suaded to  remain  long  beyond  the  smoke  of  "Gunston  Hall." 
The  person  of  Wythe  was  more  familiar  to  persons  from  abroad  ; 
for,  since  the  removal  of  the  seat  of  government  from  Williams- 
burg,  he  had  taken  up  his  abode  in  town,88  and  might  be  seen  in 
his  court  or  in  his  study,  and  not  unfrequently  of  a  bright  frosty 
morning,  in  loose  array,  taking  an  air-bath  in  the  porch  of  his 
humble  residence  ori  Shockoe  Hill.  Now  all  these  eminent  men, 
and  others  who  had  grown  into  reputation  during  the  war  and 
since,  were  to  be  seen  together.  In  every  point  of  view  the  Con- 
vention was  an  imposing  body.  It  presented  as  proud  a  galaxy 
of  genius,  worth,  and  public  service  as  had  ever  shone  in  the 
councils  of  a  single  State.  The  rule  of  its  selection  had  been 
without  limit.  The  members  were  chosen  without  regard  to  the 
offices  which  they  held,  or  to  their  pursuits  in  life.  The  judge, 
as  was  just  observed,  was  called  from  the  bench,  and  the  soldier 
from  his  home  ;  while  the  merchant,  the  planter,  the  lawyer,  the 
physician  and  the  divine,  made  up  the  complement  of  its  mem- 
bers. There  was  one  feature  conspicuous  in  the  returns,  and 
shows  not  only  the  fluctuation  of  the  public  mind  at  that  impor- 
tant crisis,  but  the  force  of  individual  worth.  Sharply  drawn  as 
were  the  lines  of  party,  a  county  would  send  up  one  of  its  two 
members  friendly  to  the  Constitution,  and  the  other  opposed  to  it. 
As  a  type  of  the  times,  it  may  be  noted  that  the  successor  of 
Henry  in  the  General  Convention  which  framed  the  Federal  Con- 
stitution, was  one  of  the  most  distinguished  physicians  of  that  age. 
The  body  was  very  large,  and  consisted,  as  already  stated,  of  one 
hundred  and  seventy  members,  and  exceeded  by  fifty  two  the 
number  of  the  members  who  composed  the  Convention  of  1776. 
It  was  more  than  four  times  greater  than  the  Convention  which 
formed  the  Federal  Constitution  when  that  body  was  full,  and  it 
exceeded  it,  as  it  ordinarily  was,  more  than  six  times.  It  had  a 
trait  discernible  in  all  the  great  Conventions  of  Virginia.  It  con- 
sisted of  the  public  men  of  three  generations.  Some  of  the 

38Judge  Wythe's  residence  stood  at  the  southeast  corner  of  Grace 
and  Fifth  streets,  on  the  spot  where  stands  the  residence  erected  by  the 
late  Abraham  Warwick,  and  now  owned  and  occupied  by  Major  Legh 
R.  Page. 


VIRGINIA   CONVENTION    OF    1788.  35 

eminent  men  who  more  than  thirty  years  before  had  dared  to 
assail  the  usurpations  of  Dinwiddie,  and  to  dispatch  to  England 
to  protest  against  the  unconstitutional  pistole  tax  levied  by  the 
Governor;89  who,  twenty-three  years  before,  had  voted  on  Henry's 
resolutions  against  the  Stamp  Act,  and  had  voted  thirteen  years 
before  on  his  resolutions  for  putting  the  Colony  in  a  posture  of 
defence,  and  had  voted  for  the  resolution  proposing  indepen- 
dence ;  who  had  distinguished  themselves  in  the  Indian  wars, 
and  who  had  borne  a  prominent  part  on  the  military  and  civil 
theatre  of  the  Revolution. 

Several  of  the  members  of  that  great  committee,  under  whose 
wise  guidance  the  country  had  passed  from  the  Colony  to  the 
Commonwealth,  with  their  illustrious  chief  at  their  head,  were 
members  of  the  body ;  and  sitting  by  their  side  was  that  re- 
markable man,  more  illustrious  still,  who,  in  a  time  of  intense 
excitement,  had  been  deemed  their  victim.40 

The  martial  aspect  of  the  Convention  would  alone  have  at- 
tracted observation.  There  was  hardly  a  battlefield,  from  the 
Monongahela  and  the  Kanawha  to  the  plains  of  Abraham,  from 
the  Great  Bridge  to  Monmouth,  and  from  the  bloody  plains  of 
Eutaw  to  York,  that  was  not  illuminated  by  the  valor  of  some 
member  then  present.  The  names  of  Bland,  Carrington  of  Hali- 
faxr  Samuel  Jordan  Cabell,  Clendenin,  Darke,  Fleming,  Grayson, 
Innes,  Lawson,  Henry  Lee  of  the  Legion,  known  in  the  Con- 
vention as  Lee  of  Westmoreland,  in  distinction  from  his  name- 
sake and  relative,  Henry  Lee  of  Bourbon,  Matthews,  who,  when 

39  The  conduct  of  the  House  of  Burgesses  on  that  occasion  displayed 
great  spirit.     They  sent  Peyton  Randolph,  then  Attorney-General,  to 
England,  who  partly  succeeded  in  his  mission.     His  expenses  were  two 
thousand  five  hundred  pounds,  which  were  paid  by  a  bill  which  the 
Governor  refused  to  approve.    The  House  of  Burgesses  then  tacked 
the  sum  of  two  thousand  five  hundred  pounds  to  the  appropriation  bill 
of  twenty  thousand  pounds  ;  and  the  Governor  sent  back  this  bill  also. 
The  House  then  ordered  the  treasurer  to  pay  the  money;  which  he  did. 
Journals  House  of  Burgesses,  Nov.,  1753,  and  Sparks'  Washington,  II, 
59.     Dinwiddie  Papers,  I,  44,  et  seq.\  II,  3,  57. 

40  After  the  adjournment  of  the  Convention  of  1776,  Pendleton  and 
Henry  never  met  in  a  public  body.     Henry  was  elected  Governor  by 
that  Convention  ;  and  Pendleton,  after  a  session  or  two  in  the  House  of 
Delegates,  was  placed  on  the  bench,  where  he  remained  nearly  a  quar- 
ter of  a  century.    Henry  was  often  a  member  of  the  House  of  Dele- 
gates in  the  interval  between  1776  and  1788. 


36  VIRGINIA    CONVENTION    OF    1788. 

'not  engaged  in  the  field,  was  a  member  of  the  House  of  Dele- 
gates, whose  name  is  conspicuous  in  our  early  Journals  as  chair- 
man on  Committee  of  the  Whole  and  Speaker  of  the  House, 
and  is  still  borne  by  one  of  those  beautiful  counties  that  over- 
look our  great  inland  sea,  Mason,  of  Loudoun,  Marshall,  who  had 
not  attained  the  age  of  thirty- three",  and  little  dreamed  that  in  a 
few  short  years  he  was  to  represent  the  young  empire  at  the 
most  renowned  court  in  Europe,  and  to  preside,  for  an  entire 
generation,  in  the  judiciary  of  the  new  system  which  he  was 
about  to  sustain,  Monroe,  the  junior  of  Marshall  by  three  years, 
his  playmate  at  school,  his  colleague  in  camp  and  in  college,  and 
destined  to  fill  the  highest  offices,  at  home  and  abroad,  of  the 
new  system  which  he  was  about  to  oppose,  McKee,  Moore  of 
Rockbridge,  George  and  Wilson  Gary  Nicholas,  Read,  Riddick, 
Steele,  Adam  Stephen,  Stuart  of  Augusta,  Stuart  of  Greenbrier, 
Zane,  and  others,  recall  alike  our  hardest  contest  with  the  In- 
dians and  the  British.  Well  might  Henry  and  George  Mason 
view  that  brilliant  phalanx  with  doubt  and  fear.41  Pendleton,  the 
President  of  the  Court  of  Appeals,  and  Wythe,  a  chancellor  and  a 
member  of  the  same  court,  who  had  been  pitted  against  each  other 
in  the  Senate  and  in  the  forum  throughout  their  political  lives,  and 
were  now  to  act  in  unison,  were  not  the  only  representatives  of 
the  judiciary.4'2  Bullitt  had  not  taken  his  seat  on  the  bench  ;  but 


41 A  large  majority  of  the  officers  of  the  army  of  the  Revolution  were 
in  favor  of  the  new  Constitution.  The  Cincinnati  were  mostly  among 
its  warmest  advocates  ;  and  as  they  were  organized  and  were,  many  of 
them,  of  exalted  private  and  public  worth,  and  could  act  in  concert 
through  all  the  States,  their  influence  was  foreseen  and  feared  by  its 
opponents.  Mason  and  Gerry  often  alluded  to  that  influence  in  their 
speeches  in  the  General  Convention  (Madison  Papers,  II,  1208;  Elliot's 
Debates,  V,  368) ;  and  although  Judge  Marshall  affirms  that  "  in  Vir- 
ginia certainly  a  large  number,  perhaps  a  majority,  of  the  Cincinnati 
were  opposed  to  it"  (meaning  the  administration  of  Washington), 
(II,  Appendix  31,  second  edition) ;  yet  when  he  enumerated  the  various 
classes  who  favored  a  change  in  the  Articles  of  Confederation,  he  says, 
"the  officers  of  the  army  threw  themselves  almost  universally  in  the 
same  scale."  Life  of  Washington,  II,  77.  In  the  present  Convention 
there  were  several  who  were  opposed  to  the  Constitution. 

42  These  two  venerable  men,  with  George  Mason  and  Patrick  Henry, 
were  those  first  sought  by  the  spectator,  as  in  a  convention,  forty  years 
later,  were  Madison,  Monroe,  Marshall,  and  Fayette.  If  the  reader 
wishes  to  know  the  constitution  of  the  courts  in  1787,  let  him  turn  to 
Mr.  Minor's  edition  of  Wythe 's  Reports,  page  20  of  the  memoir. 


VIRGINIA    CONVENTION    OF    1788.  37 

Blair,  Gary  of  Warwick,  Carrington  of  Charlotte,  Jones,  and 
Tyler,  were  members  of  the  body.  Some  of  the  prominent  mem- 
bers of  Congress  were  present.  Harrison,  Henry  and  Pendleton 
stood  up  in  the  Carpenters'  Hall,  when  the  eloquent  Duch&,  then 
firm  in  his  country's  cause,  had  invoked  the  guidance  of  Heaven 
in  the  deliberations  of  the  first  Congress ;  while  Grayson,  Henry 
Lee  of  the  Legion,  Madison,  Monroe,  Edmund  Randolph,  and 
Wythe,  had  been  or  were  then  in  the  councils  of  the  Union.  The 
Attorney- General  of  the  Commonwealth,  the  eloquent  and  ac- 
complished Innes,  and  the  Governor,  were  included  in  that  dis- 
tinguished group. 

Yet  the  eye  of  the  aged  spectator,  as  it  ranged  along  those 
rows  of  heads,  missed  some  familiar  faces,  which,  until  now,  had 
been  seen  on  nearly  all  the  great  civil  occasions  of  a  third  of  the 
century  then  past.  The  venerable  Richard  Bland,  the  unerring 
oracle,  whose  responses  had,  for  more  than  thirty  years,  been 
eagerly  sought  and  rarely  made  in  vain,  and  whose  tall  form 
had  been  so  long  conspicuous  in  the  House  of  Burgesses  and  in 
all  the  previous 'Conventions,  had  fallen  dead  in  the  street  in  Wil- 
liamsburg,  twelve  years  before,  while  attending  the  session  of  the 
first  House  of  Delegates,  and  when,  as  chairman  of  the  commit- 
tee, he  was  about  to  report  that  memorable  bill,  drawn  by  Jeffer- 
son', abolishing  entails.  Benjamin  Watkins,  of  Chesterfield,  in 
whose  character  were  united  in  noble  proportions  the  firmness  of 
the  patriot,  the  charity  of  the  philanthropist,  and  the  wisdom  of 
the^sage,  and  his  name,  revived  in  the  Convention  that  rnqt  near 
half  a  century  after  his  death  to  revise  the  Constitution,  which  he 
assisted  in  framing,  was  invested  with  fresh  and  imperishable 
praise,  had  died  three  years  before.43  The  absence  of  the  old 
Treasurer,  Robert  Carter  Nicholas,  that  grave  and  venerated 
face,  which  had  been  seen  for  forty  years  in  the  House  of  Bur- 
gesses, and  in  all  the  Conventions,  in  one  of  which  he  presided, 
and  whose  presence  gave  to  the  general  heart  a  sense  of  safety, 
was  now  observed  for  the  first  time  in  our  great  assemblies.  He 
had  died,  when  the  storm  of  the  Revolution  raged  fiercest,  at  his 


43  He  was  the  maternal  grandfather  of  Benjamin  Watkins  Leigh  and 
Judge  William  Leigh,  who  were  members  of  the  Convention  of  1829-30. 
For  further  details  of  Mr.  Watkins,  consult  the  Watkins'  genealogy,  by 
Francis  N.  Watkins,  Esq.,  page  46. 


38  VIRGINIA   CONVENTION   OF    1788. 

villa  in  Hanover,  and  his  corpse,  borne  by  his  weeping  neigh- 
bors, had  been  laid  in  its  humble  grave.  Archibald  Gary,  too, 
was  gone.  He  had  been  intimately  connected  for  the  third  of  a 
century  with  very  great  measures  of  our  colonial  policy,  had,  as 
chairman  of  the  Committee  of  the  Whole,  reported  to  the  Con- 
vention of  1776  the  resolution  instructing  our  delegates  in  Con- 
gress to  propose  independence,  and  had  been  at  the  head  of  the 
committee  which  reported  the  Declaration  of  Rights  and  the 
Constitution.  His  unconquerable  spirit  was  an  element  of  force 
in  every  body  of ,  which  he  was  a  member.  Two  years  had 
barely  elapsed  since  his  stalwart  form  had  been  committed  to  the 
grave,  at  Ampthill.44  He  had  lived  to  behold  the  triumph  of  his 
country,  and  to  preside,  until  his  death,  in  the  Senate  under  that 
Constitution  at  whose  baptism  he  had  been  the  fearless  and  cor- 
dial sponsor.45  The  person  of  another  still  more  beloved  was 
wanting.  On  him  the  honors  of  every  deliberative  assembly  of 
which  he  was  a  member  seemed,  by  common  consent,  to  devolve. 
In  the  warm  conflict  between  the  House  of  Burgesses  and  a  royal 
Governor,  who  sought  to  tax  the  people  without  the  consent  of 
their  representatives,  which  had  occurred  in  his  early  manhood, 
he  had  taken  an  honorable  part,  and  had  been  sent  abroad  to 
seek  redress  at  the  foot  of  the  throne.  His  fine  person  and  dig- 
nified demeanor  had  made  an  impression  even  within  the  pre- 
cincts of  St.  James.  He  had  filled  the  office  of  Attorney-Gen- 
eral with  acknowledged  skill,  and  had  volunteered,  at  a  time  of 
danger,  to  march  at  the  head  of  his  company  against  the  Indians. 
He  had  presided  ten  years  in  the  House  of  Burgesses,  and  had 
won  the  affection  of  its  members.  He  was  hated  by  those  only 
who  hated  his  country.  He  had  presided  in  the  August  Con- 
vention of  1774,  and  in  the  Conventions  of  March  and  July, 
1775,  and  was  the  first  president  of  Congress.  He  had  died, 


44  Gary  died  at  '•  Ampthill,"  his  seat  in  Chesterfield  county,  but  was 
buried  in  the  ancestral  grounds  at  "Ceeleys,"  in  Warwick  county. — ED. 

45  In  the  discourse  on  the  Convention   of  1776,  page  90,  I  allude  to 
Colonel  Gary  as  rather  small  than  large  in  stature,  though  compact  and 
muscular.     Subsequent  investigations  have  led  me  to  believe  that  he 
was  a  large  man  of  great  physical  strength.     His  corporeal  powers 
have  been  celebrated  in  poetry  as  well  as  in  prose.     [He  was  known 
by  the  sobriquet  "  Old  Iron." — ED.] 


VIRGINIA   CONVENTION    OF    1788.  39 

almost  instantaneously,  while  attending  to  his  duties  in  Congress  ; 
but  his  remains  had  been  brought  to  Virginia ;  and  persons  then 
present  remembered  that  melancholy  morning  on  which  the 
coffin  of  Peyton  Randolph,  wrapped  in  lead,  had,  twelve  years 
before,  been  borne  from  his  late  residence,  along  the  high  street 
of  Williamsburg,  followed  by  the  first  General  Assembly  of  the 
Commonwealth,  with  their  speakers  at  their  head,  by  the  Ma- 
sonic body,  and  by  a  large  concourse  of  citizens,  to  the  threshold 
of  William  and  Mary  College,  the  nurse  of  his  early  youth  and 
the  object  of  his  latest  care,  and  had  been  consigned,  with  the 
offices  of  religion  and  the  rites  of  Masonry,  amid  the  shrieks  of 
women  and  the  audible  sobs  of  wise  and  brave  men,  to  the  an- 
cestral vault  beneath  the  pavement  of  the  chapel.  Other  familiar 
faces  were  also  missing  ;  and  old  men  shook  their  heads,  shrugged 
their  shoulders,  and  muttered  that  it  was  ill  for  the  country  that 
such  men,  at  such  a  crisis,  were  in  their  graves ;  and  that  public 
bodies  were  not  now  what  they  once  had  been.  A  sounded 
opinion  would  be  that,  in  ability  and  capacity  for  effective  public 
service,  the  Convention  of  1776  was  surpassed  by  the  Conven- 
tion of  1788,  which  was  in  its  turn  surpassed  by  the  Convention 
of  1 829-30. 46 

46  It  is  the  opinion  of  what  may  be  called  the  illustrious  second  growth 
of  eminent  Virginians — men  who  were  born  between  1773  and  1788 — 
such  as  John  Randolph,  Tazewell,  James  Barbour,  Leigh,  Johnson,  Philip 
P.  Barbour,  Stanard,  the  late  President  Tyler,  etc.,  who  may  be  said 
to  have  lived  in  the  early  shadows  of  the  body  itself,  and  mingled  with 
some  of  the  members  in  their  old  age,  that  the  present  Convention 
was,  as  a  whole,  the  most  able  body  which  had  then  met  in  the  United 
States.  It  is  creditable  to  the  conservative  character  of  Virginia  that 
in  all  her  public  bodies  since  the  passage  of  the  Stamp  Act  each  suc- 
cessive one  has  been  largely  made  up  from  its  predecessor.  Thus  in 
the  Convention  of  1776  there  was  a  large  number  of  the  leading  mem- 
bers who  voted,  in  1765,  on  Henry's  resolutions  against  the  Stamp  Act, 
such  as  Henry  himself,  Nicholas,  Harrison,  Pendleton,  Wythe,  Lewis, 
and  others;  and  in  the  present  Convention  there  were  members  who 
had  been  in  the  House  of  Burgesses  in  1765,  as  well  as  in  the  Conven- 
tions of  1774,  1775,  and  1776.  And  in  the  Convention  of  1829-30,  the 
Convention  of  1776  was  represented  by  Madison,  the  only  surviving 
member,  and  the  present  Convention  by  Madison,  Marshall  and  Mon- 
roe. If  we  were  to  trace  back  the  Journals  from  1765  to  1688,  the  date 
of  the  British  Revolution,  although  I  have  never  performed  that  office, 
and  state  my  impressions  only,  I  believe  that  a  continuous  and  con- 


40  VIRGINIA    CONVENTION    OF    1788. 

•  %    • 

It  has  been  said  that  the  interest  excited  by  the  Convention  was 
not  confined  to  the  Commonwealth.  It  was  well  known,  as 
already  stated,  that,  with  the  exception  of  Washington  and  Mc- 
Clurg,  all  the  representatives  of  Virginia  in  the  General  Conven- 
tion were  members  of  the  present  ;  and  it  was  feared  by  the 
friends  of  the  Constitution  abroad  that,  as  three  only  out  of  seven 
had  signed  that  instrument,  and  one  of  those  in  an  official  char- 
acter only,  it  would  appear,  as  it  were,  under  the  protest  of  a 
majority  of  those  to  whom  Virginia  had  committed  her  interests 
and  her  honor.  But  what  enhanced  the  excitement  beyond  our 
borders,  as  well  as  at  home,  was  the  knowledge  of  the  fact  that, 
of  the  nine  States  necessary  to  the  inauguration  of  the  new  sys- 
tem, eight  had  already  ratified  it,  and  the  favorable  vote  of  the 
ninth,  as  the  result  soon  proved,  was  certain.  It  was  also  believed 
that  Rhode  Island,  which  was  not  represented  in  the  General 
Convention,  and  North  Carolina  would  decline  to  accept  it.*T 

trolling  representation  of  the  House  of  Burgesses,  which  acknowledged 
allegiance  to  William  and  Mary  as  their  lawful  sovereigns,  could  be 
traced  to  the  Burgesses  of  1765,  and,  as  I  have  just  shown,  to  1776,  when 
that  allegiance  was  withdrawn,  to  1788,  and  to  1829-30,  a  period  of 
nearly  a  century  and  a  half.  And  if  we  go  back  to  the  first  House  of 
Burgesses  held  in  the  Colony,  at  James  Town,  July  30,  1619,  a  year  be- 
fore the  May  Flower  left  England  with  the  Pilgrim  Fathers  of  New 
England,  and  consisting  of  twenty-two  members,  we  will  find  Mr.  Jef- 
ferson, of  Flowerdieu  Hundred,  represented  by  Mr.  Jefferson,  of  Albe- 
marle,  in  the  Convention  of  1776;  Captain  William  Powell,  of  James 
City,  represented  in  the  present  Convention  by  Colonel  Levin^Powell, 
of  Loudoun  ;  Mr.  John  Jackson,  of  Martin's  plantation,  by  George  Jack- 
son, of  Harrison,  in  the  same  body,  and  Charles  Jordan,  of  Charles 
City,  by  Colonel  Samuel  Jordan  Cabell,  of  Amherst. 

47  The  Convention  of  North  Carolina  met  on  the  2ist  of  July,  1788, 
when  the  Constitution  was  lost  by  one  hundred  votes.  Wheeler's 
North  Carolina,  II,  98.  The  States  adopted  the  Constitution  in  the  fol- 
lowing order  :  Delaware,  December  7,  1787  ;  Pennsylvania,  December 
12,  1787;  New  Jersey,  December  18,  1787;  Georgia,  January  2,  1788; 
Connecticut,  January  9,  1788;  Massachusetts,  February  6,  1788;  Mary- 
land, April  28,  1788 ;  South  Carolina,  May  23,  1788  ;  New  Hampshire, 
June  21,  1788;  Virginia,  June  26,  1788;  North  Carolina,  November  21, 
1789  ;  Rhode  Island,  May  29,  1790.  Hence  it  appears  that  the  Consti- 
tution was  accepted  by  nine  States  five  days  before  Virginia  cast  her 
vote,  a  fact  which,  though  alluded  to  in  Convention,  could  not  have 
been  known  positively  at  the  time. 


VIRGINIA    CONVENTION    OF    1788.  41 

The  vote  of  Virginia,  which  was  eagerly  sought  by  the  friends 
of  the  Constitution  not  only  as  the  vote  of  a  State,  but  as  the 
vote  of  the  largest  of  the  States,  was  then,  if  not  to  decide  its 
fate,  yet  materially  to  affect  its  success;  for,  although  the  instru- 
ment should  be  ratified  by  New  Hampshire,  and  the  full  comple- 
ment of  States  required  to  the  organization  of  the  Government 
be  attained,  still  there  were  fears  that  Virginia  might,  as  was 
afterwards  suggested  by  Jefferson,  and  attempted  in  the  body, 
hold  out  until  such  amendments  as  she  would  propose  as  the 
condition  of  her  acceptance  should  be  ratified  by  the  States,  and 
become  an  integral  part  of  the  new  system.  Nor  were  these 
apprehensions  groundless.  Her  western  boundary  was  the  Mis- 
sissippi, and  strange  reports,  which  we  know  represented  not 
less  than  the  truth,  were  rife  that  a  deliberate  effort  had  been 
made  by  the  Northern  and  Middle  States  to  close  the  navigation 
of  that  stream  by  the  people  of  the  South  for  thirty  years  ;  nor 
was  it  known  that  a  scheme  so  fatal  to  the  prosperity  of  Virginia 
had  been  abandoned.  The  vote  which  was  to  decide  these 
doubts  was  to  be  given  by  the  Convention  about  to  assemble. 
We  have  said  that  fears  for  the  rejection  of  the  Constitution 
were  not  ill-founded.  At  no  moment  from  its  promulgation  to 
the  meeting  of  the  first  Congress  in  the  following  year,  would  the 
new  system  have  received  more  than  a  third  of  the  popular  vote 
of, the  State.  It  was  ultimately  carried  in  a  house  of  one  hun- 
dred and  seventy  members  by  a  majority  of  ten  only,  and  five 
votes  would  have  reversed  the  decision ;  and  it  is  certain  that  at 
least  ten  members  voted,  either  in  disobedience  of  the  positive 
instructions  of  their  constituents,  or  in  defiance  of  their  well- 
known  opinions.48  Nor  were  those  opinions  the  offspring  of  the 


48  See  the  proceedings  of  the  Assembly  which  met  three  days  before 
the  adjournment  of  the  present  Convention.  Judge  Marshall,  who  was 
a  member  of  the  present  Convention,  and  probably  wrote  from  the 
result  of  his  observation  in  Virginia,  says,  "  that  in  some  of  the  adopt- 
ing States,  a  majority  of  the  people  were  in  the  opposition ";  he  also 
says,  "that  so  small  in  many  instances  was  the  majority  in  its  favor, 
as  to  afford  short  ground  for  the  opinion  that  had  the  influence  of  char- 
acter been  removed,  the  intrinsic  merits  of  the  instrument  would  not 
have  secured  its  adoption."  Life  of  Washington,  II,  127.  Sympa- 
thizing as  I  do  with  the  views  of  Henry,  Mason,  &c.,  who  opposed  the 
Constitution,  it  might  appear  invidious  to  give  the  names  of  those  who 


42  VIRGINIA   CONVENTION    OF    1788. 

%    ' 

moment.  They  had  been  held  by  their  ancestors  and  themselves 
for  a  century  and  a  half;  and  as  they  reflected  the  highest  credit 
upon  the  patriotism  of  our  fathers  and  that  conservative  worth 
which  is  the  true  safety  of  States,  but  which  has  fallen  into  dis- 
repute in  more  recent  times,  it  is  proper  to  recall  their  modes  of 
thinking  on  political  subjects,  as  well  as  to  take  a  passing  glance 
at  the  state  of  parties  into  which  the  public  men  of  that  day  were 
divided.  A  large  portion  of  the  people,  even  larger  than  at 
present,  were  engaged  in  the  cultivation  of  the  earth,  and  were 
in  the  main  tobacco  planters  and  slave-holders ;  and  a  tobacco- 
planting,  slave-holding  people  are  rarely  eager  for  change.  Like 
their  ancestors  in  England,  they  were  not  anxious  for  the  alter- 
ation of  laws  to  which  they  had  long  been  accustomed.  Even 
during  the  contest  with  the  mother  country,  no  greater  changes 
were  made  than  were  deemed  absolutely  necessary  to  accomplish 
the  end  in  view.  The  Committee  of  Safety,  which,  in  the  inter- 
vals of  the  sessions  of  the  Conventions,  administered  the  govern- 
ment until  the  Constitution  went  into  effect,  was  but  a  standing 
committee  of  the  Conventions,  which  were  the  House  of  Bur- 
gesses under  another  name.  And  when  a  declaration  of  inde- 
pendence, which  was  held  back  until  it  became  impossible  to 
obtain  foreign  aid  -in  men  and  means  without  such  a  measure, 
was  put  forth,  and  a  new  form  of  government  was  rendered 
imperative,  no  greater  change  was  made  in  the  existing  system 
than  was  required  by  the  emergency.  The  law  of  primogeni- 
ture, the  law  of  entails,  the  Church  establishment,  were  not 
touched  by  the  Constitution.  And  when  the  Convention  of  May, 


voted  as  charged  in  the  text.  As  an  illustration  of  "  the  influence  of 
character,'1  it  may  be  said  that  no  four  men  excited  more  influence 
in  favor  of  the  Constitution  in  Virginia,  than  George  Washington, 
Edmund  Pendleton,  George  Wythe,  and  James  Madison,  and  four 
purer  names  were  probably  never  recorded  in  profane  history  ;  yet  to 
those  who  look  into  the  secret  motives  that  unconsciously  impel  the 
most  candid  minds  on  great  occasions,  which  involve  the  destinies  of 
posterity,  it  may  be  said  that  they  were  all  men  of  wealth,  or  held  office 
by  a  life  tenure,  and  that,  though  married,  neither  of  them  ever  had  a 
child.  In  the  same  spirit  it  may  be  mentioned  that  Mason  and  Henry 
were  men  of  large  families,  and  that  hundreds  now  living  look  back  to 
"Gunston  Hall"  and  "Red  Hill."  In  the  case  of  Henry,  the  cradle 
began  to  rock  in  his  house  in  his  eighteenth  year,  and  was  rocking 
at  his  death  in  his  sixty-third. 


VIRGINIA   CONVENTION    OF    1788.  43 

1776,  which  formed  the  Constitution,  adjourned,  the  polity  of  the 
Colony,  with  the  exception  of  the  executive  department,  was 
essentially  the  polity  of  the  Commonwealth.  The  House  of 
Delegates  was  the  House  of  Burgesses  under  another  name.  The 
Senate  was  the  Council  under  a  different  organization.  It  was 
to  be  chosen  by  the  people  instead  of  being  nominated  by  the 
king,  and  its  judicial  forces,  separated  from  its  legislative,  were 
assigned  to  officers  who  composed  the  new  judiciary.  Although 
the  new  Constitution  was  assailed  shortly  after  its  birth  by  the 
authority  and  eloquence  of  Jefferson,  and  at  a  later  date  by  able 
men,  whose  talents  were  hardly  inferior  to  those  of  Jefferson,  it 
remained  \\ithout  amendment  or  revision  for  more  than  half  a 
century.  Our  fathers  were  as  prompt  and  practical  as  well  as 
prudent ;  and  when  it  was  necessary  to  form  a  bond  of  union 
among  the  States,  they  accepted  the  Articles  of  Confederation 
without  delay.  But  when  so  great  a  change  in  the  organic  law 
as  was  proposed  by  the  Federal  Constitution  was  presented  for 
their  approval,  they  were  filled  with  distrust  and  suspicion. 
That  instrument,  under  restrictions  real  or  apparent,  invested  the 
new  Government  with  the  purse  and  the  sword  of  the  Common- 
wealth. Alarming  as  this  concession  appeared  to  the  people,  it 
was  as  unexpected  as  alarming.  The  colonists  had  brought  to  the 
new  world  a  just  appreciation  of  the  liberties  which  they  enjoyed 
in  Great  Britain;  and  the  appreciation  was  enhanced  by  the  repre- 
sentative system  which  was  adopted  here.  There  were  times, 
indeed,  in  the  previous  century,  as  in  the  then  existing  one, 
when  the  rights  and  privileges  of  a  British  subject,  here  as  well 
as  in  England,  were  disregarded  or  lost  sight  of  for  a  season ;  but 
there  were  no  times  when  the  great  bulwarks  of  British  freedom 
were  razed  to  their  foundations.  The  governor  was  appointed 
by  the  king,  and  appeared  in  the  Colony  either  by  proxy  or  by 
deputy;  and  he  had  the  power  of  proroguing  the  Assembly. 
An  ancient  form,  which  had  been  borrowed  from  England,  pre- 
scribed that  the  member  who  was  elected  Speaker  of  the  House 
of  Burgesses  should,  before  taking  the  chair,  and  before  the  mace 
was  laid  upon  the  table  of  the  clerk,  be  approved  by  the  Gover- 
nor ;  but  should  the  Governor  refuse  to  approve  the  choice  of 
the  House,  the  House  might  proceed  to  elect  another  Speaker; 
and  should  the  Governor  determine  to  reject  a  second  choice  of 
the  House,  another  election  must  follow,  for  none  other  than  a 


44  VIRGINIA    CONVENTION    OF    1788. 

%    : 

member  could  occupy  the  chair.  The  assent  of  the  king-  was 
necessary  to  a  law ;  but  that  assent  was  in  extreme  cases  only 
suspended,  and  so  rarely  withheld  that  a  law  took  effect  on  its 
passage ;  and  in  the  event  of  a  refusal  of  the  royal  assent,  the 
worst  consequence  was  that  the  people  were  thrown  on  the  exist- 
ing laws  which  had  been  enacted  by  themselves.  Every  shilling 
/  collected  from  the  colonists  for  more  than  a  century  and  a  half 
had  been  assessed  by  their  own  House  of  Burgesses,  and  was 
received  and  disbursed  by  a  Treasurer,  who  was  elected  by  the 
House,  who  was  almost  always  a  member  of  it,  and  was  respon- 
sible to  it  for  the  performance  of  his  duty.49  Our  fathers  were 
always  ready  to  give  and  grant  their  own  money  of  their  own 
free  will,  but  not  upon  compulsion  or  at  the  dictation  of  another. 
They  appropriated  large  sums  for  the  Indian  wars,  when  it  was 
known  that  the  hostile  attacks  of  the  savages  were  excited  by  the 
French,  and  were  made  upon  the  territory  of  the  Colony,  not 
from  any  hatred  to  the  colonists,  but  because  they  were  the  sub- 
jects of  the  British  king.  During  the  government  of  Cromwell, 
the  colonists  had  not"  only  exercised  the  functions  of  a  free  State, 
but  were  substantially  independent.  They  passed  what  laws 
they  pleased,  and  carried  a  free  trade  with  foreign  nations.  In 
the  commercial  control  of  the  mother  country,  they  were  com- 
pelled to  acquiesce ;  but  they  denied  the  right  of  Parliament  to 
lay  a  shilling  in  the  shape  of  direct  taxation.  Hence  the  resist- 
ance to  the  Stamp  Act,  and  the  series  of  measures  which  led 


49  The  Speaker  was  almost  invariably  appointed  Treasurer  until  a 
separation  of  the  offices  was  effected  in  1766,  on  the  death  of  Speaker 
Robinson,  when  Peyton  Randolph  was  elected  Speaker,  and  Robert 
Carter  Nicholas,  Treasurer.  The  Burgesses  rarely  changed  their  offi- 
cers, John  Robinson,  the  predecessor  of  Randolph,  having  filled  the 
chair  more  than  twenty  years,  and  Randolph  filled  it  from  his  first 
appointment  to  1775,  when  he  withdrew  to  attend  Congress.  R.  C. 
Nicholas  was  re-elected  Treasurer  from  1766  to  1776,  when  he  resigned 
because  the  Constitution  would  not  allow  the  Treasurer  to  hold  a  seat 
in  the  Assembly.  See  Journal  House  of  Delegates,  November  29, 
1776,  where  Nicholas  is  thanked  by  the  House  for  his  fidelity,  and  ex- 
presses his  acknowledgments,  closing  his  remarks  with  these  words  : 
•'That  he  would  deliver  up  his  office  to  his  successor,  he  trusted,  with 
clean  hands  ;  he  would  assure  the  House  it  would  be  with  empty  ones." 
These  words  were  often  quoted  by  our  fathers  when  the  name  of  Nicho- 
las was  mentioned. 


VIRGINIA   CONVENTION   OF    1788.  45 

slowly  but  surely  to  independence.  So  jealous  and  so  careful 
were  the  people  of  Virginia  on  the  subject  of  direct  taxation  that 
under  the  pressure  of  the  war,  when  the  Articles  of  Confedera- 
tion were  adopted,  they  would  not  part  with  the  power  of  the 
purse,  and  cautiously  provided  in  those  Articles  that  the  quota  of 
each  State  in  the  general  charge  should  be  raised,  not  by  taxa- 
tion at  the  discretion  of  Congress,  but  in  the  form  of  a  requi- 
sition on  the  State  alone.  This  principle  was  so  firmly  planted 
in  the  general  mind,  that  no  speaker  in  public  debate,  no  writer 
from  the  press,  dared  to  assail  or  call  it  in  question.  And  lest  a 
delegate  to  Congress  might  prove  faithless  to  his  trust,  though 
his  term  of  service  lasted  yet  a  single  year,  and  he  could  serve 
only  three  years  out  of  six,  he  might  be  recalled  at  any  moment 
at  the  bidding  of  the  Assembly.50  The  Act  of  Assembly  ap- 
pointing delegates  to  the  General  Convention,  so  far  from  con- 
templating a  surrender  of  the  principle  of  taxation,  guarded  it 
with  the  greatest  care,  and  instructed  the  members  so  appointed 
"  to  join  with  the  delegates  from  other  States  in  devising  and 
discussing  all  such  alterations  and  further  provisions  as  may  be 
necessary  to  render  the  Federal  Constitution  adequate  to  the 
exigencies  of  the  Union,  and  in  reporting  such  an  act  for  that 
purpose  to  the  United  States  in  Congress,  as,  when  agreed  to  by 
them,  and  duly  confirmed  by  the  several  States,  will  effectually 
provide  for  the  same."  It  was  evidently  an  ordinary  amend- 
ment to  the  Articles  of  Confederation,  to  take  the  course  pre- 
scribed in  that  instrument  in  the  case  of  amendments,  and  not 
the  substitution  of  a  different  scheme  of  government,  which  they 
sought  to  obtain.51  They  dearly  loved  the  union  of  the  States, 

50  Articles  of  Confederation,  Art.  V. 

5J  Nothing  can  be  clearer  than  the  fact  stated  in  the  text.  The  Arti- 
cles of  Confederation  provide  for  their  own  amendment  in  these  words  : 
"unless  such  alterations  be  agreed  to  in  a  Congress  of  the  United 
States,  and  be  afterwards  confirmed  by  the  legislatures  of  every  State." 
Art.  XIII.  Accordingly,  when  on  the  3d  of  November,  1786,  the  House 
of  Delegates,  after  a  deliberate  discussion  in  committee  of  the  whole, 
adopted  a  resolution  requiring  a  bill  to  be  brought  in  appointing  dele- 
gates to  the  General  Convention,  they  conclude  their  instructions  to 
the  committee  in  these  words  :  "And  to  report  such  an  act  for  the  pur- 
pose to  the  United  States  in  Congress  assembled,  as,  when  agreed  to 
by  them,  and  afterwards  confirmed  by  the  legislatures  of  every  State, 


46  VIRGINIA   CONVENTION    OF    1788. 

%    : 

and  they  felt  that  some  decided  measure  was  necessary  to  sus- 
tain the  public  faith.  The  debt  of  the  Revolution  was  not  only 
unpaid,  but  the  money  to  pay  the  interest  upon  it  was  impracti- 
cable to  obtain.  Requisitions  were  faithfully  made  by  the  Con- 
gress ;  but,  in  the  absence  of  pressure  from  without,  and  from 
the  extraordinary  difficulties  which  beset  the  States  just  emerging 
from  a  protracted  civil  war,  were  rarely  complied  with.  To 
amend  the  Articles  of  Confederation,  therefore,  was  a  measure 
required  alike  by  our  relations  with  our  confederate  States,  and 
with  the  States  of  Europe  to  which  we  were  so  deeply  indebted 
for  those  loans  that  Enabled  us  to  prosecute  the  war,  and  was 
demanded  by  every  consideration  of  justice  and  of  honor. 

The  Assembly,  however,  was  careful  and  explicit  in  declaring 
that  it  was  an  amendment  to  the  existing  form  that  they  desired, 
and  not  a  change  in  the  form  itself.  With  that  form  they  were 
satisfied.  It  had  borne  them  through  the  war  ;  and  under  its 


will  effectually  provide  for  the  same."  The  committee  so  appointed 
consisted  of  Mathews,  George  Nicholas,  Madison,  Nelson,  Mann  Page, 
Bland  and  Corbin.  Madison  drew  the  bill  concluding  with  the  resolu- 
tion in  the  text,  which  conforms  generally  with  the  instructions,  but 
substitutes  the  word  '"States"  for  legislatures,  the  word  used  in  the 
Articles  of  Confederation,  and  in  the  resolution  of  the  House  ordering 
the  bill  to  be  brought  in.  Now,  this  may  have  been  done  inadvertently  ; 
but  when  we  know  the  unpopularity  of  Madison  in  the  House,  which 
he  felt  so  keenly  that  when  he  drew  his  resolution  inviting  the  meet- 
ing at  Annapolis,  he  had  it  copied  by  the  clerk  of  the  House,  lest  his 
handwriting  should  betray  the  authorship,  and  prevailed  on  Mr.  Tyler 
to  offer  it,  and  which  prevented  him  from  doing  any  act  directly  with 
any  hope  of  success,  we  hardly -refrain  from  calling  it  a  parliamentary 
manoeuvre.  And  this  view  is  strengthened  when  we  recall  a  similar 
manoeuvre  by  which  that  resolution  was  carried  through  the  House. 
It  was  called  up  on  the  last  day  of  a  session  of  more  than  three  months' 
duration,  when  it  is  probable  that  a  large  number  of  the  members  had 
departed  with  the  confident  belief  that,  in  their  commercial  Convention 
with  Maryland,  in  which  all  the  States  were  invited  to  participate,  they 
had  settled  the  subject  of  Federal  relations,  and  was  pressed  through 
both  houses  in  a  few  hours.  All  these  things  may  be  legitimate  in  the 
strategy  of  politics,  but  they  excite  distrust  and  work  evil.  But  our 
present  purpose  is  only  to  show  that  it  was  an  amendment,  in  the  strict 
sense  of  the  word,  of  the  Articles  of  Confederation,  and  not  their 
entire  destruction,  that  the  Assembly  had  in  view  in  sending  delegates 
to  Philadelphia. 


VIRGINIA    CONVENTION    OF    1788.  47 

influence,  since  the  peace,  the  trade  and  commerce  of  Virginia 
had  advanced  with  rapid  strides.  The  State  and  the  people  had 
been  plunged,  by  a  war  of  eight  years,  into  difficulties  and  em- 
barrassments, which  time  only  could  remove  ;  but  there  was 
every  reason  to  believe  that  the  time  of  deliverance  was  at  hand. 
The  duties  from  commerce  were  pouring  larger  and  larger  sums 
every  year  into  the  treasury  of  the  State;  and  the  day  was  not 
distant  when,  from  this  source  alone,  Virginia  would  be  able  not 
only  to  meet  all  the  requisitions  of  the  Federal  Government,  but 
to  defray  a  large  part  of  the  ordinary  expenses  of  government. 
Such  was  the  state  of  the  public  mind  when  the  new  system 
was  proposed  for  the  adoption  of  the  people.  Its  first  appearance 
was  calculated  to  excite  alarm.  They  beheld  a  total  subversion 
of  the  plan  of  government  to  which  they  were  attached,  and 
which  they  had  expressly  instructed  their  delegates  to  amend, 
not  to  destroy.  They  saw,  or  thought  they  saw,  in  the  power  of 
laying  taxes,  which  the  new  plan  gave  to  Congress,  their  most 
sacred  privilege,  which  they  and  their  fathers  before  them  had  so 
long  enjoyed,  and  in  defense  of  which  they  had  lately  concluded 
a  fearful  war,  would  be  invaded,  if  not  wholly  alienated.  It  was 
true  that  they  would  contribute  a  respectable  delegation  to  Con- 
gress ;  but,  as  the  interests  of  the  States  were  not  only  not  iden- 
tical, but  antagonistic,  it  might  well  happen,  nay,  it  would  fre- 
quently happen,  that  a  tax  would  be  levied  upon  them  not  only 
without  the  consent  of  their  representatives,  but  in  spite  of  their 
opposition.  Direct  taxes  were  unpleasant  things,  even  when  laid 
by  their  own  Assembly ;  but  when  laid  by  men  who  had  no  com- 
mon interest  with  those  who  paid  them,  they  might  be  oppres- 
sive ;  and  when  they  were  oppressive,  the  State  would  have  no 
power  of  extending  relief;  for  the  Acts  of  Congress  were  not 
only  to  prevail  over  Acts  of  Assembly,  but  over  the  Constitu- 
tion of  the  State.  Heretofore,  even  in  the  Colony,  they  had 
always  looked  to  their  House  of  Burgesses  for  relief,  and  had 
rarely  looked  in  vain.  That  body  had  ever  been  faithful  to  the 
rights  and  franchises  of  British  freedom.  It  had,  ere  this,  de- 
posed a  royal  Governor,  had  held  him  in  confinement,  and  had 
transmitted  him,  by  the  first  vessel  from  the  James,  to  pay  his 
respects  to  the  King.  It  had  frequently  sent  agents  to  England, 
who  were  in  all  things  but  the  name  the  ministers  plenipotentiary 


48  VIRGINIA    CONVENTION    OF    1788. 

%    •  •     • 

of  the  Colon)'.52  But  the  power  of  the  purse  and  the  power  of 
the  sword  were  not  the  only  invaluable  rights  which  were  to  be 
surrendered  to  the  new  Government.  The  commerce  and  the 
navigation  of  the  country  were  to  be  placed  under  the  exclusive 
control  of  Congress.  The  State  had  expressed  a  willingness  to 
allow  a  certain  percentage  of  her  revenue,  derived  from  imports, 
for  the  benefit  of  the  Federal  Government,  and  was  ever  willing 
and  ever  ready  to  bear  her  full  proportion  in  the  general  charge; 
but  she  had  deliberately  refused,  three  years  before,53  when  the 
proposal  was  made  in  the  Assembly,  and  was  sustained  by  all  the 
authority  which  argument  and  eloquence  could  exert,  to  part 
with  the  right  to  regulate  the  entire  trade  and  business  of  the 
community,  and  was  not  disposed  to  go  farther  now  than  she  was 
then  willing  to  go.  Indeed,  on  this  subject  the  people  desired 
no  change.  Their  prosperity  under  the  existing  system  was  as 
great  as  could  have  been  anticipated ;  nay,  had  surpassed  their 
most  sanguine  hopes ;  and,  as  the  North  was  a  commercial  peo- 
ple, it  was  probable  that,  whatever  the  South  might  lose,  it  was 
likely  to  gain  nothing  by  subjecting  its  interests  to  such  a  super- 
vision. To  sum  up  the  whole  :  They  thought  that,  however  im- 
portant a  Federal  alliance  with  the  neighboring  States  would  be 
to  the  members  who  composed  it,  and  however  solicitous  Vir- 
ginia was  to  form  such  a  union  on  the  most  intimate  and  liberal 
terms,  there  was  a  price  she  was  not  disposed  to  pay ;  that  such 
a  union  was,  at  best,  the  mere  machinery  for  conducting  that 
comparatively  small  portion  of  the  affairs  of  any  community 
which  is  transacted  beyond  its  borders  more  economically  and 
effectually  than  could  be  done  by  the  community  itself;  and  that, 
in  effecting  it,  to  surrender  the  right  to  lay  its  own  taxes,  to  reg- 
ulate its  own  trade,  to  hold  its  own  purse,  and  to  wield  its  own 
sword  at  once  and  forever,  was  a  sacrifice  which  no  large  and 


52  Sir  John  Randolph  was  sent  to  England  more  than  once.  In  the 
epitaph  on  Sir  John,  inscribed  on  the  marble  slab  in  the  chapel  of  Wil- 
liam and  Mary  College,  which  was  destroyed  by  fire  in  1858,  it  is  stated 
that  he  was  frequently  sent  to  England:  "  Legati  ad  Anglos  semel 
atque  iterum  missi  vices  arduas  suslinuit"  His  sons,  Peyton  and  John, 
were  also  sent  over,  besides  others. 

53Journal  of  the  House  of  Delegates,  October  session  of  1785,  pages 
66-67. 


VIRGINIA    CONVENTION   OF    1788.  49 

prosperous  Commonwealth  had  ever  made,  and  which  no  large 
and  prosperous  Commonwealth  could  make  without  dishonor 
and  shame. 

By  a  people  whose  minds  had  been  excited  to  a  high  pitch  by 
fear  and  suspense,  one  aspect  of  the  Convention,  which  ought 
not  to  be  overlooked  in  the  review  of  a  great  historic  period, 
was  regarded  with  absorbing  interest.  It  was  the  peculiar  rela- 
tion which  the  members  held  to  the  State  and  Federal  politics  of 
the  day.  No  error  is  more  common  than  to  refer  the  origin  of 
the  party  divisions  of  the  Commonwealth  to  the  present  Federal 
Constitution,  and  to  the  measures  adopted  by  Congress  under 
that  Constitution.  Long  before  that  time,  parties  had  been 
formed,  not  only  on  State  topics,  but  on  those  connected  with  the 
Federal  Government.  From  the  passage  of  the  resolutions  of 
the  House  of  Burgesses  against  the  Stamp  Act  to  the  time  when, 
eleven  years  later,  an  independent  State  Government  was  formed, 
there  had  been  a  palpable  line  drawn  between  the  parties  of  the 
country.  In  that  interval  some  prominent  names  might  occa- 
sionally be  found  on  either  side  of  the  line ;  but  the  line  was  at 
all  times  distinctly  visible.54  But,  if  it  was  visible  in  the  Colony, 

54  If  the  critical  reader  will  run  over  the  names  of  the  members  of  the 
House  of  Burgesses  of  1765,  and  the  names  of  the  members  of  the 
early  Conventions,  he  will  think,  with  me,  that  a  majority  of  the  men 
who 'opposed  the  resolutions  of  Henry  against  the  Stamp  Act,  opposed  " 
the  resolutions  of  the  same  gentleman  of  March,  1775,  which  proposed 
to  put  the  Colony  into  military  array,  and  the  resolution,  I  am  inclined 
to  think,  instructing  the  Virginia  delegates  in  Congress  to  propose  in- 
dependence. The  same  members  who  opposed  independence,  we  are 
expressly  told  by  Henry,  in  his  letter  to  R.  H.  Lee,  of  December  8, 
1777,  also  opposed  the  adoption  of  the  Articles  of  Confederation.  And 
these  members  were,  in  the  main,  warm  advocates  for  the  adoption  of 
the  new  Federal  Constitution.  On  the  other  hand,  Henry,  R.  H.  Lee, 
George  Mason,  William  Cabell,  and  others,  who  sustained  the  mea- 
sures above  enumerated,  were  the  fiercest  opponents  of  that  instru- 
ment. Heretofore  the  party,  of  which  Henry  was  usually  regarded  the 
head,  had  held  almost  undisputed  sway  in  the  Assembly  ;  but,  though 
it  still  included  a  large  majority  of  the  people,  the  skill  and  tact  with 
which  the  friends  of  the  new  Constitution  selected  their  candidates 
among  the  judges,  and  the  military  men,  and  the  old  tories,  who,  though 
they  opposed  all  the  great  measures  of  the  Revolution,  including  the 
Articles  of  Confederation,  had  become  strangely  enamored  of  the  new 
scheme,  had  shaken  the  established  majority.  This  was  one  of  the 


50  VIRGINIA    CONVENTION    OF    1788. 

%    ' 

it  was  still  more  boldly  defined  in  the  Commonwealth.  The 
great  office  of  conforming  our  local  legislation  to  the  genius  of  a 
republican  system,  would  have  called  the  two  parties  into  life,  if 
they  had  not  previously  existed,  and  presented  in  the  daily  de- 
liberations of  the  Assembly  innumerable  themes  of  difference 
and  even  of  discord.  The  abolition  of  the  laws  of  primogeni- 
ture and  entails ;  the  separation  of  the  Church  from  the  State, 
which  was  effected  only  after  one  of  the  longest  and  most  ani- 
mated contests  in  our  legislation  ;  the  expediency  of  religious 
assessments ;  the  perpetually  recurring  subject  of  Federal  requi- 
sitions for  men  and  money ;  the  policy  of  ceding  to  the  Union 
that  magnificent  principality  extending  from  the  Ohio  to  the 
northern  lakes,  which,  divided  into  four  States,  now  sends  to  the 
House  of  Representatives  of  the  United  States  a  delegation 
equal  to  nearly  two-thirds  of  the  whole  number  of  that  House  at 
its  first  session  under  the  Federal  Constitution,  and  a  delegation 
to  the  Senate  which  exceeds  one  third  of  the  whole  number  of 
the  Senate  at  its  first  organization ;  the  mode  of  conducting  the 
war;  the  navigation  of  the  Mississippi,  which,  even  at  the  date  of 
the  present  Convention,  bounded  our  territory  on  the  west  ;  the 
propriety  of  adopting  the  Articles  of  Confederation,  and,  at  a 
later  date,  the  expediency  of  amending  them.  These,  and  simi- 
lar topics,  were  of  the  gravest  moment,  and  might  well  produce 
a  clashing  of  opinions.  On  these  questions  the  parties,  which 
had  taken  their  shape  as  early  as  1765,  usually  maintained  their 
relative  positions  toward  each  other.  But,  fierce  as  was  the  con- 
tention on  State  topics,  it  was  mainly  on  questions  bearing  di- 
rectly or  indirectly  on  Federal  politics  that  the  greatest  warmth 
was  elicited.  It  is  known  that,  from  the  difficulties  incident  to  a 
state  of  war,  and  especially  a  war  with  a  great  naval  force,  there 
could  be  but  a  slight  interchange  of  commodities  with  foreign 
countries,  and  no  introduction  of  specie  from  abroad.  The  only 
resort  was  the  credit  of  the  Commonwealth.  While  that  resource 
was  made  for  a  season  more  or  less  available  at  home,  some 
other  means  of  meeting  Federal  requisitions  were  indispensable. 


causes  of  the  public  alarm  at  the  time.  The  Federalists  well  knew 
that  when  such  men  as  Edmund  Pendleton,  George  Wythe,  John  Blair, 
and  Paul  Carrington,  all  of  whom  were  on  the  bench,  appeared  at  the 
hustings,  nobody  would  vote  against  them. 


VIRGINIA    CONVENTION    OF    1788.  51 

To  lay  taxes,  payable  in  gold  and  silver  only,  when  there  was 
neither  gold  nor  silver  in  the  State,  was  worse  than  useless. 
The  taxes  must  then  be  laid,  payable  in  kind,  and  their  proceeds 
sold  for  what  they  would  fetch  in  a  market  without  outlet  at 
home  or  abroad.  Hence  the  difficulty  of  a  prompt  and  full 
compliance  with  the  requisitions  of  the  Federal  Government  was 
almost  insuperable.  But  as  that  Government,  which  was  almost 
wholly  dependent  on  the  immediate  action  of  the  States,  if  not 
for  its  existence,  at  least  for  the  effectual  discharge  of  its  appro- 
priate duties,  suffered  severely  by  the  default,  those  who  were 
charged  with  its  administration  urged  the  necessity  of  relief  upon 
the  members  of  the  Assembly  with  a  warmth  which  the  occasion 
justified,  but  which  became  at  times  embarrassing  and  even  offen- 
sive. Nor  was  this  state  of  things,  the  result  of  causes  which  it 
seemed  almost  impossible  entirely  to  remove,  materially  changed 
in  the  years  immediately  succeeding  the  peace.  There  was  also 
a  strong  suspicion  that  the  members  of  Congress,  fascinated  by 
the  allurements  of  a  life  abroad,  and  engaged  in  the  considera- 
tion of  questions  affecting  all  the  States,  were  disposed  to  view 
their  own  State  rather  as  one  of  a  confederation  than  as  an  in- 
dependent sovereignty,  and  to  regard  the  interests  of  the  former 
as  subservient  to  the  interests  of  the  latter.  From  these  and 
other  considerations  equally  cogent,  some  of  the  members  of 
Congress,  however  honest  and  able,  became  unpopular  with  the 
majority  at  home,  which  was  responsible  for  the  conduct  of  the 
State,  and  were  regarded  with  distrust.  Indeed,  jealousy  and 
suspicion  seem  to  have  presided  at  the  origin  of  our  Federal 
relations,  and  were  exhibited  from  the  beginning  partly  toward 
the  Federal  Government  itself,  and  partly  toward  the  members 
of  Congress,  personally  and  collectively.  The  term  of  the  ser- 
vice of  a  member  of  Congress  originally  was  for  one  year,  with 
the  capacity  of  eligibility  for  an  indefinite  period.  Two  years 
later  the  Assembly  determined,  by  a  solemn  act,  to  curtail  the 
term  of  eligibility  to  the  period  of  three  successive  years,  when 
the  incumbent  must  withdraw  for  a  year,  and,  as  it  was  alleged 
at  the  time,  from  party  motives  made  the  rule  retroactive  in  its 
operation.55  Richard  Henry  Lee,  who  was  the  first  to  feel  the 

55  Hening's  Statutes  at  Large,  IX,  299.  Mr.  Jefferson  drew  the  act 
and  affirmed  that  his  object  was  to  curtail  the  delegation  on  the  ground 
of  economy. 


52  VIRGINIA    CONVENTION    OF    1788. 

%    • 

effect  of  the  act,  complained  bitterly,  in  a  letter  to  Henry,  that  it 
was  aimed  at  himself,56  although  one  of  the  provisions  of  the 
same  act  fell  immediately  on  Harrison  and  Braxton.  It  should 
seem  that,  whether  from  the  jealousy  entertained  toward  the 
Government  itself,  or  hostility  to  certain  members  of  Congress, 
from  considerations  not  yet  fully  made  public,  Congress  well-nigh 
became  the  slaughter-house  of  the  popularity  of  the  delegates 
who  attended  its  sittings.  Even  in  the  days  of  the  early  Conven- 
tions the  good  name  of  Richard  Bland  was  so  blown  upon  that 
he  demanded  an  inquisition  into  his  conduct.57  The  popularity  of 
Richard  Henry  Lee  suffered  for  a  season  a  total  eclipse  in  the 
Assembly.  From  that  memorable  day,  when  in  the  first  joint 
convention  of  both  Houses  of  Assembly  he  made  his  eloquent 
defense  against  the  charges  which  had  led  to  his  retirement  from 
Congress,  to  the  twenty-first  day  of  January,  1786,  when  the  reso- 
lution convoking  the  meeting  at  Annapolis  was  adopted,  some 
of  the  warmest  contentions  of  the  Assembly  were  upon  Federal 
topics.  Nor  to  the  latest  hour  did  that  body  ever  regard,  with 
full  faith,  those  who  had  borne  a  conspicuous  part  in  the  delibe- 
rations of  Congress.  The  distrust  of  those  who  had  served  in 
that  body  was  shown  on  a  remarkable  occasion.  Madison,  as 
an  individual,  was  not  only  without  fault,  and  one  of  the  purest 
men  of  his  times,  but,  in  intellectual  accomplishments,  excelled 
almost  all  his  contemporaries  ;  yet,  when,  in  the  House  of  Dele- 
gates at  the  October  session  of  1785,  he  sought  to  secure  the 
passage  of  a  resolution  investing  Congress,  for  a  term  of  years, 
with  the  power  to  regulate  commerce,  and  made,  in  its  defence, 
a  speech  which,  if  we  judge  from  the  outlines  and  copious  notes 
that  have  come  down  to  us,  must  have  been  one  of  the  ablest 
ever  made  in  the  House,  he  met  with  as  terrible  a  defeat  as  the 
annals  of  parliament  afford.58  Heretofore,  both  in  the  Colony 
and  in  the  Commonwealth,  that  party,  which,  for  the  want  of  a 
better  name,  we  may  style  Democratic,  though  now  and  then 


56  Letter  of  R.  H.  Lee  in  the  "  Red  Hill  "  papers. 

57  Journal  Virginia  Convention  of  July,  1775,  page  15. 

58  For  the  outlines  of  the  speech  and  the  notes  from  which  Madison 
spoke,  see  Mr.  Rives'  History  of  the  Life  and   Times  of  James  Madi- 
son, II,  48-51,  and  for  the  preamble  and  resolution,  see  Journal  of  the 
House  of  Delegates,  October  session  of  1785,  pages  66,  67,  where,  after 
his  great  speech,  he  was  one  of  eighteen  ayes  to  seventy-nine  noes. 


VIRGINIA    CONVENTION    OF    1788.  53 

defeated  by  the  ability  and  tact  of  its  opponents,  had  been,  in 
the  main,  triumphant,  and  had  usually  carried  its  measures  by  a 
decisive  majority.  And  the  probability  was  that,  as  the  ratify- 
ing Convention  was  called  on  the  basis  of  the  House  of  Dele- 
gates, that  party  would  still  maintain  its  predominance  in  that 
body ;  and  it  was  with  a  full  reliance  on  this  calculation  that  the 
resolutions  convoking  the  General  as  well  as  the  State  Conven- 
tions, had  received  the  assent  of  the  Assembly.  Nor  can  there 
be  a  doubt  that  such  would  have  been  the  case  in  ordinary  times  ; 
but  the  large  and  unexpected  infusion  of  new  members  had  cre- 
ated alarm  in  the  breasts  of  the  majority  of  the  Assembly  and  of. 
the  people  at  large ;  and  one  of  the  most  exciting  questions  that 
engaged  public  attention  was  how  far  the  new  element  would 
affect  the  balance  of  power.  Thus,  at  so  early  a  period  did  Fed- 
eral politics  rage  with  a  violence  not  inferior  to  that  which 
marked  the  close  of  the  century.59 

Nothwithstanding  the  bickerings  produced  by  Federal  politics 
in  our  councils,  we  should  do  great  injustice  to  the  men  who  for 
nearly  a  quarter  of  a  century  wielded  the  will  of  the  Assembly, 
if  we  impute  to  them  a  want  of  affection  for  the  Union.  The 
Union  was  the  daughter  of  their  loins.  They  nursed  her  into 
action.  They  were  the  men  who  called  the  little  meeting  in 
Williamsburg  in  the  late  summer  of  1774,  which  we  honor  with 
the  title  of  the  first  Convention  of  Virginia,  and  who  sent  dele- 
gates to  Carpenter's  Hall.  They  were  the  first  to  advise  Con- 
gress to  adopt  "a  more  intimate  plan  of  union,"  and  to  form  the 
Articles  of  Confederation  ;  and  when  those  Articles  were  re- 
ported for  the  consideration  of  Virginia,  they  approved  them  by 

59  It  cannot  be  disguised  that  personal  and  political  animosities  were 
as  freely  indulged  in  from  1776  to  1790  as  from  1790  to  the  election  of 
Mr.  Jefferson  to  the  Presidency.  Henry,  Jefferson,  and  Richard  Henry 
Lee,  were  among  the  best  abused.  Charles  Carter,  of  "  Sabine  Hall," 
was  a  gentleman,  a  scholar,  and  a  patriot,  and  far  advanced  in  life  in 
1776 ;  but,  in  a  letter  of  that  year  addressed  to  Washington,  see  what 
he  says  of  Henry  and  Jefferson  (American  Archives,  fifth  series,  1776, 
Vol.  II,  pages  1304-5) ;  and  see  the  letter  of  Theodoric  Bland,  Sr.,  to 
Theodoric  Bland,  Jr.,  dated  "  Cawson's,"  January  8,  1871  (Bland  Papers, 
II,  50).  It  is  necessary  to  know  the  personal  friends  of  the  men  of  that 
era  in  order  to  judge  of  the  weight  of  testimony  ;  but  I  will  not  touch 
upon  them  unless  it  is  indispensable  to  the  truth  of  history,  and  espec- 
ially to  the  defence  of  private  character. 


54  VIRGINIA  ^CONVENTION    OF    1788. 

a  majority  so  overwhelming  that  the  opponents  of  Union  dared 
not  to  oppose  them  openly.60  When  the  Articles  on  the  ninth 
day  of  July,  1778,  were  called  up  from  the  table  of  Congress  to 
be  signed  by  the  States  as  such,  while  some  States  signed  in  part 
only,  and  some  not  at  all,  the  delegates  of  this  Commonwealth, 
who  had  been  recently  elected  by  the  Assembly,  came  forward 
and  signed  them  on  the  spot.  Throughout  the  war  the  Assembly 
held  up  the  hands  of  Congress,  and  complied  with  its  requi- 
sitions, if  not  to  the  letter,  to  the  utmost  of  its  ability.  Since 
the  peace,  the  British  debts,  which  the  definitive  treaty  required 
to  be  paid,  excited  warm  feelings  and  produced  acrimonious  de- 
bates; but  this  was  a  topic  on  which  parties  divided.  At  the 
date  of  the  Revolution,  the  indebtedness  of  individuals  to  Eng- 
land was  estimated  at  ten  millions  of  dollars,  and  the  minority 
was  far  more  interested  in  the  question  than  the  majority.81  In  fine , 
the  cause  of  the  Confederation  was  the  cause  of  the  majority.  It 
was  the  work  of  their  hands.  At  the  May  session  of  1784,  they 
assented  to  the  amendment  to  the  Articles  of  Confederation  which 
required  the  whole  number  of  free  white  inhabitants  and  three- 
fifths  of  all  others  to  be  substituted  for  the  value  of  lands  and 
their  improvements  as  the  rule  of  apportioning  taxes,  and  were 
eager  to  provide  Congress  with  such  information  as  was  needed 
to  fix  the  valuation  of  lands  and  their  improvements  in  the  sev- 
eral States  required  by  the  existing  rule  of  apportionment  under 
the  Articles  of  Confederation.  At  the  same  session  they  further 
provided  that  until  one  or  the  other  mode  of  assessing  taxes  be 
ascertained,  that  any  requisition  made  upon  any  basis  by  Con- 
gress on  the  States  should  be  faithfully  complied  with.  The 
Assembly  went  yet  farther,  and  passed  a  resolution,  said  to  have 
been  drawn  by  Henry  himself,  providing  that  when  "  a  fair  and 
final  settlement  of  the  accounts  subsisting  between  the  United 
States  and  individual  States"  shall  be  made,  the  balance  due  by 
any  State  "  ought  to  be  enforced,  if  necessary,  by  such  distress 


60  Henry  to  R.  H.  Lee,   December  18,  1777.     Grigsby's  Discourse  on 
the  Virginia  Convention  of  1776,  142,  note. 

61  To  show  how  parties  fluctuated  on  the  subject  of  the  payment  of 
British  debts,  I  refer  to  a  note  in  Mr.  Rives'   History  of  the  Life  and 
Times  of  Madison,  II,  538,  which  furnishes  a  remarkable  instance  in 
point,  and  presents  with  graphic  spirit  the  effect  of  Henry's  eloquence 
in  a  deliberative  body. 


VIRGINIA   CONVENTION    OF    1788.  55 

on  the  property  of  the  defaulting  States,  or  of  their  citizens,  as, 
by  the  United  States,  in  Congress  assembled,  may  be  deemed 
adequate  and  most  eligible."  They  also  resolved,  at  the  same 
session,  to  invest  Congress,  for  the  term  of  fifteen  years,  with 
authority  to  prohibit  the  vessels  of  any  nation,  with  which  no 
commercial  treaty  existed,  from  trading  in  any  part  of  the  United 
States  ;  and  to  prevent  foreigners,  unless  belonging  to  a  nation 
with  which  the  States  had  formed  a  commercial  treaty,  from  im- 
porting into  the  United  States  any  merchandise  not  the  produce 
or  manufacture  of  the  country  of  which  they  are  citizens  or  sub- 
jects ;  thus  sanctioning  a  policy  which  would  have  materially 
impaired  the  prosperity  of  the  Commonwealth.62  When  Con- 
gress determined  to  apply  to  the  States  for  authority  to  levy,  for 
the  term  of  twenty- five  years,  certain  specific  rates  of  duty  on 
certain  articles,  and  a  duty  of  five  per  cent,  on  all  others — an 
application  which  was  made  as  early  as  April,  1783,  when  the 
finances  of  Virginia  were  in  great  confusion,  and  her  main  de- 
pendence was  upon  customs — she,  with  that  wise  jealousy  of 
Federal  action,  bearing  directly  upon  the  people  instead  of  the 
State,  declined  for  a  time  to  accede  to  it,  but  ultimately  was  dis- 
posed to  acquiesce  in  the  measure.63  But  there  was  one  thing 
the  Assembly  persistently  refused  to  grant — the  entire  surrender 
of  the  right  to  regulate  commerce.  To  regulate  the  trade  of  a 
country  was,  in  their  opinion,  to  regulate  its  entire  industry,  and 
control  all  its  capital  and  labor,  and  that  was  a  province,  they 
honestly  believed,  not  only  without  the  pale  of  a  Federal  alli- 
ance, but  incompatible  with  it.  They  had  accordingly  resisted 
heretofore,  with  all  their  might,  every  effort  to  extort  such  a  con- 
cession from  them  ;  and  at  the  October  session  of  1785,  when  a 
proposition  was  offered  to  make  that  cession  for  a  term  of  twenty- 
five  years,  and  upheld  by  Madison  and  other  able  men,  the  ma- 
jority of  the  House  of  Delegates,  impelled  by  their  devotion  to 
the  Union,  went  so  far  as  to  yield  that  invaluable  boon  for  the 
term  of  thirteen  years ;  but  when  a  motion  was  made  to  continue 
the  grant  beyond  that  limit,  on  certain  conditions,  it  was  rejected 


62  For  these  acts,  consult  the  Journals  of  the  House  of  Delegates, 
May  session  of  1784,  pages  11-12  ;  and  Rives'  Life  and  Times  of  Madi- 
son, I,  563-4-5.     Tucker's  History  of  the  United  States,  I,  335. 

63  Hening's  Statutes  at  Large,  XI,  350. 


56  VIRGINIA   CONVENTION    OF    1788. 

by  a  decisive  vote,  and  on  the  following  day,  believing  that  they 
had  gone  too  far  in  conceding  the  right  for  thirteen  years,  recon 
sidered  their  vote  and  laid  the  bill  upon  the  table,  to  be  called 
up  no  more.64  Of  that  majority,  Henry,  when  he  happened  to 
have  a  seat  in  the  Assembly,  was  always  the  leader,  and  for  near 
a  twelvemonth  later  than  the  date  of  the  passage  of  the  resolu- 
tion convoking  the  meeting  at  Annapolis,  was  regarded  as  the 
Federal  champion.65  But  we  have  said  enough  to  show  that  the 
majority  in  our  councils,  who  were  opposed  to  the  adoption  of 
the  new  Federal  Constitution,  had  been  the  warm  and  consistent 
friends  of  a  Federal  alliance. 

A  recent  act  of  that  majority  had  roused  the  fears  of  the 
friends  of  the  new  institution.  The  general  Federal  Convention 
adjourned  on  the  seventh  of  September,  1787,  but  before  ad- 
journing had  adopted  a  resolution  expressing  "  the  opinion  that 
the  new  Constitution  should  be  submitted  to  the  Convention  of 
Delegates,  chosen  in  each  State  by  the  people  thereof,  under  the 
recommendation  of  its  legislature,  for  their  assent  and  ratifica- 
tion." The  following  month  the  General  Assembly  of  Virginia 
held  a  session,  and  on  the  twenty-fifth  of  October  passed  a  series 
of  resolutions  setting  forth  that  the  Constitution  "ought  lobe 
submitted  to  a  Convention  of  the  people  for  their  full  and  free 
investigation  and  discussion";  that  "every  citizen  being  a  free- 
holder should  be  eligible  to  a  seat  in  the  Convention";  that  "it 
be  recommended  to  each  county  to  elect  two  delegates,  and  to 
each  city,  town,  or  corporation,  entitled,  or  who  may  be  entitled, 
by  law  to  representation  in  the  legislature,  to  elect  one  delegate 
to  the  said  Convention";  that  "the  qualifications  of  the  electors 
be  the  same  with  those  now  established  by  law ' ' ;  that  "  the  elec- 


64  Journal  House  of  Delegates,  October  session  of  1785,  pages  66,  67. 

65  Madison,  writing  to  Washington,  December  7,    1786,  says:    "Mr. 
Henry,  who  has  been  hitherto  the  champion  of  the  Federal  party,  has 
become  a  cold  advocate,  and,  in  the  event  of  an  actual  sacrifice  of  the 
Mississippi  by  Congress,  will  unquestionably  go  over  to  the  other  side." 
Rives"  Life  and  Times  of  Madison,  II,  142.     When  we  remember  that 
the  Mississippi  was  the  western  boundary  of   Virginia,   it  would  be 
strange  indeed  that  Mr.  Henry  could  approve  the  conduct  of  Congress 
in  closing  that  river  for  thirty  years,  and  in  clothing  the  body  with  new 
powers  to  carry  such  a  scheme  into  effect.     The  cession  of  that  river 
to  Spain  by  the  Northern  States  has  its  prototype  only  in  the  partition 
of  Poland. 


VIRGINIA   CONVENTION    OF    1788.  57 

tion  of  delegates  be  held  at  the  usual  place  for  holding  elections 
of  members  of  the  General  Assembly,  and  be  conducted  by  the 
usual  officers";  that  "the  election  shall  be  held  in  the  month  of 
March  next  on  the  first  day  of  the  court  to  be  held  lor  each 
county,  city,  or  corporation  respectively,  and  that  the  persons  so 
chosen  shall  assemble  at  the  State  House  in  Richmond  on  the 
fourth  Monday  of  May  next,"  which  was  afterwards  changed 
for  the  first  Monday  in  June.  These  resolutions  should  seem  to 
have  been  specific  enough  for  the  purpose  in  view.  But  it  was 
found  out  that  they  omitted  an  appropriation  to  defray  the  ex- 
penses of  the  proposed  Convention  ;  and  a  bill  was  brought  in 
for  that  object,  and  received  the  unanimous  consent  of  both 
Houses.  But  this  bill  contained,  likewise,  a  provision  to  defray 
the  expenses  of  delegates  to  another  general  Federal  Conven- 
tion, should  such  a  body  be  convened.  If  this  provision  meant 
anything,  it  meant  that  a  new  General  Convention  was  possible ; 
and,  as  the  Assembly  rarely  looked  to  possibilities  in  its  legis- 
lation, that  it  was  probable.  While  the  lovers  of  union  saw  in 
this  provision  a  determination  to  secure  a  Federal  alliance  on 
the  best  terms  and  at  every  hazard,  those  who  favored  the  new 
scheme  placed  upon  it  a  different  interpretation,66 

66  Journal  House  of  Delegates,  October  session  of  1787,  p.  77,  and  the 
Act  in  full  in  Hening's  Statutes  at  Large,  XII,  462.  Bushrod  Washington, 
then  under  thirty  years  of  age,  wrote  to  his  uncle  at  the  beginning  of  this 
session  that  he  had  met  with  in  all  his  inquiries  not  one  member  opposed 
to  the  Federal  Constitution  except  Mr.  Henry,  and  that  other  members 
had  heard  of  none  either.  When  the  provision  for  a  new  Convention 
mentioned  in  the  bill  was  approved  by  the  House  of  Delegates,  his 
eyes  were  probably  opened,  for  on  the  7th  of  December,  while  the 
Assembly  was  still  in  session,  he  writes  to  his  uncle  as  follows  :  "  I  am 
sorry  to  inform  you  that  the  Constitution  has  lost  so  considerably  that 
it  is  doubted  whether  it  has  any  longer  a  majority  in  its  favor.  From 
a  vote  that  took  place  the  other  day,  this  would  appear  certain,  though 
I  cannot  think  it  so  decisive  as  its  enemies  consider  it."  Bushrod  Wash- 
ington to  George  Washington,  Dec.  7,  1787,  copied  from  the  Madison 
Files  by  Mr.  Rives,  II,  537.  It  thus  appears  that  the  Constitution, 
which  had  not  an  enemy  at  the  opening  of  the  session,  had  before  its 
close  a  good  many,  and  that  the  scales  were  nearly  turned  against  it. 
It  is  probable  that  a  very  considerable  number  of  the  delegates  had 
not  seen  the  Constitution  at  the  beginning  of  the  session.  Only  four 
days  had  elapsed  since  any  body  had  seen  it ;  and  when  we  know  that 
intelligence  at  that  time  took  sixty  days  to  travel  a  distance  which  may 


58  VIRGINIA   CONVENTION    OF    1788. 

be  reached  in  six  hours  at  the  present  day  ;  that  some  of  the  members 
had  to  travel  from  three  to  six  hundred  miles  on  horseback  to  reach 
Richmond  ;  that  there  were  no  mail  facilities,  and  no  newspapers  save 
one  or  two  small  sheets  in  Richmond  and  Norfolk,  which,  from  the  un- 
certainty of  delivery,  were  rarely  taken  in  the  county,  the  probability  is 
that  if  the  members  had  seen  the  Constitution,  they  had  not  read  it 
deliberately.  But  when  they  did  read  it,  we  know  that  the  result  was 
a  provision  to  defray  the  expenses  of  a  Convention  to  revise,  etc.  This 
matter  would  hardly  require  the  attention  we  have  given  it,  if  infer- 
ences in  favor  of  the  early  popularity  of  the  Constitution  had  not  been 
drawn  from  the  state  of  things  at  the  meeting  of  the  Assembly.  For 
the  letter  of  Bushrod,  Washington,  written  at  the  opening  of  the  ses- 
sion, see  Rives'  Madison,  II,  535. 


CHAPTER  II. 

At  ten  o'clock  on  Monday,  the  second  day  of  June,  1788,  the 
members  began  to  assemble  in  the  hall  of  the  Old  Capitol.  It 
was  plain  that  different  emotions  were  felt  by  the  friends  and  by 
the  opponents  of  the  Constitution.  The  friends  of  that  instru- 
ment congratulated  each  other  on  the  omens  which  they 
drew  from  the  year  in  which  their  meeting  was  to  take  place. 
The  year  '88,  they  said,  had  ever  been  favorable  to  the  liberties 
of  the  Anglo-Saxon  race.  It  was  in  1588,  two  hundred  years 
before,  when  the  invincible  Spanish  Armada,  destined  to  subvert 
the  liberties  of  Protestant  England,  then  ruled  by  that  virgin 
queen,  the  glory  of  her  sex  and  name  and  race,  who  was  the 
patron  of  Raleigh  and  the  patron  of  American  colonization,  and 
from  whom  Virginia  derived  her  name,  was  assailed  by  the  winds 
of  Heaven,  and  scattered  over  the  face  of  the  deep.67  It  was  the 
recurrence  of  the  year,  the  month,  and  almost  the  day,  when,  a 
century  before,  the  cause  of  civil  liberty  and  Protestant  Chris- 
tianity won  a  signal  victory  in  the  acquittal  of  the  seven  bishops 
whose  destruction  had  been  decreed  by  a  false  and  cruel  king ;  and 
when  the  celebrated  letter  inviting  the  Prince  of  Orange  to  make  a 
descent  on  England,  a  letter  which  has  been  recently  pronounced 
to  be  as  significant  a  landmark  in  British  history  as  Magna 
Charter  itself,  had  been  despatched  to  the  Hague.  Of  all  the 
kings  who  ever  sate  on  the  English  throne,  William  Henry, 
Prince  of  Orange  was  most  beloved  by  our  fathers.  Their 
attachment  was  shown  in  every  form  in  which  public  gratitude 
seeks  to  exhibit  its  manifestations.  The  House  of  Burgesses 
called  a  county  after  the  king,  and  called  a  county  after  the  king 

67  See  in  Mr.  Rush's  memoranda  of  a  residence  at  the  Court  of  St. 
James,  the  opinions  of  modern  English  statesmen  on  the  probable  suc- 
cess of  the  Armada. 


60  VIRGINIA    CONVENTION    OF    1788. 

and  his  queen.68  The  metropolis  of  the  Colony  still  perpetuates 
his  name.  Its  great  seminary,  the  charter  of  which  was  granted 
by  William,  and  which  received  his  fostering  care,  bore,  as  it 
bears  still,  his  name  and  the  name  of  his  faithful  consort.  Inci- 
dents in  his  career  were  to  be  traced  even  in  the  nomenclature  of 
the  plantation.  The  light  wherry  bobbing  on  the  waters  of  the 
York  or  the  James,  was  called  the  Brill  in  honor  of  the  gallant 
frigate  in  which  the  Deliverer  sailed  from  Helvoetsluys  to  the 
harbor  of  Torbay.  The  love  of  the  people  long  survived  his 
natural  life.  A  great  county,  created  long  after  the  death  of 
William,  and  stretching  far  beyond  the  blue  wall  which  now 
bounds  it  in  the  west  to  the  shores  of  the  Ohio,  whether  named 
from  the  colour  of  its  soil,  which  is  also  the  symbol  of  Protest- 
ant Christianity  wherever  the  British  race  extends,  or  in  honor 
of  William,  pleasingly  recalls  the  name  of  the  small  principality 
on  the  banks  of  the  Rhone,  from  which  the  Prince  derived  his 
familiar  title.69  An  adjoining  State  has  honored  the  name  of 
Bertie,  the  first  peer  of  the  realm  who  joined  the  standard  of 
William  on  the  soil  of  Britain,  and  our  own  town  of  Abingdon 
illustrates  the  same  event.70  And  the  noble  county  of  Halifax, 
though  called  apparently  in  honor  of  a  man  who  filled  a  secre- 
tary's office  in  England  at  a  later  day,  reminds  us  of  that  bril- 
liant and  accomplished  statesman,  the  unfaltering  enemy  of  the 
House  of  Bourbon  of  that  age  when  the  sway  of  that  House  was 
supreme  at  Whitehall ;  the  friend  of  Protestant  Christianity, 
from  whose  hand  William  received  the  Declaration  of  Right. 


68  Two  years  after  the  accession  of  William,  a  county  was  called  after 
the  Princess  Anne,  in  honor  of  her  claim  as  the  successor  of  William 
and  Mary,  in  the  event  of  her  surviving  them,  according  to  the  parlia- 
mentary settlement  of  the  crown. 

69  In  the  Topographical  Analysis  of  Virginia  for  the  year  1790-'!,  in 
the  Appendix  of  the  last  edition  (published  by  J.  W.  Randolph,  Rich- 
mond,  1853,   8vo. )  of  the  Notes  on    Virginia  left  for  publication  by  Mr. 
Jefferson,  the  county  of  Orange,  which   was  cut  off  from  Spotsylvania 
in  1734,  almost  a  third  of  a  century  after  the  death  of  William,  is  put 
down  without  the  expression  of  a  doubt  as  called  in  honor  of  William. 

70  The  North  Carolinians  may  say,  and  justly,  that  Bertie  county  was 
called  in  commemoration  of  the  two  Berties,  in  whom  the  proprietary 
rights  of  the  Earl  of  Clarendon  vested  ;  but  as  it  was  formed  within 
twenty  years  of  the   death  of  William,  I  always  associate  it  with  his 
history. 


VIRGINIA   CONVENTION    OF    1788.  61 

When  the  intelligence  of  Barclay's  plot  against  the  life  of  the 
king,  which  had  well-nigh  proved  successful,  reached  the  Colony, 
the  excitement  was  great.  The  news  flew  from  plantation  to 
plantation.  The  Burgesses  instantly  prepared  an  address  in 
which  they  denounced  the  plotters  and  congratulated  the  king 
on  his  escape  from  the  daggers  of  the  Jacobite  faction.  Planters 
spurred  in  haste  from  their  homes  to  the  capital,  and,  bespattered 
with  mud,  hastened  to  the  secretary's  office,  there  to  record  their 
horror  of  the  assassins  and  their  joy  at  the  safety  of  the  king. 
The  address,  engrossed  on  parchment  and  duly  incased,  was 
despatched  to  London  by  the  first  packet,  and  was  immediately 
placed  in  the  hands  of  William.  The  fate  of  the  address  was 
peculiar.  When  it  had  been  read  in  common  with  kindred 
memorials  from  all  parts  of  the  British  empire,  it  was  laid  aside 
and  forgotten.  Nor  was  it  till  William  had  been  sleeping  for 
more  than  one  hundred  and  sixty  years  in  his  ancestral  tomb  at 
the  Hague,  far  from  the  dust  of  her  on  whose  pure  brow  the 
diadem  of  Elizabeth  had  pressed  so  queenly,  and  to  whose  de- 
voted love  more  than  to  his  own  consummate  statesmanship  he 
owed  his  emperial  crown,  the  venerable  parchment  was  enrolled 
once  more,  and  brought  to  public  notice  by  a  historian  whose 
genius  has  invested  the  dim  and  distant  past  with  the  freshness 
of  current  time,  and  who  has  taught  how  the  sober  events  of 
real  life  may  be  made  as  fascinating  as  the  phantoms  of  romance 
or  the  dreams  of  poetry.  Even  to  this  hour  the  curious  eye 
detects  in  the  number  of  William  Henrys  that  are  still  seen  in 
the  advertisements  of  the  daily  press,  or  the  sign  boards  of  the 
shops,  and  in  our  political  and  ecclesiastical  bodies,  the  image  of 
that  strong  affection  with  which  our  ancestors  regarded  the  name 
of  William  Henry,  Prince  of  Orange.  One  of  his  Virginia 
name-sakes  has  already  received  the  honors  of  the  Presidency 
of  the  United  States.  Another  Virginia  name-sake,  but  for 
extreme  illness,71  might  have  reached  the  same  exalted  station. 
Thus  it  was  that  any  omen  derived  from  the  life  of  William  was 
hailed  by  our  fathers  with  delight.  Nor  did  the  friends  of  the 
Constitution  fail  to  perceive  another  coincidence  which  might 
well  happen.  Should  Virginia  sustain  the  Constitution,  that 
instrument  would  certainly  take  effect,  and  the  new  government 

71  William  Henry  Crawford. 


62  VIRGINIA   CONVENTION    OF    1788. 

%    : 

would  be  inaugurated  on  the  fourth  of  March  of  the  following 
year,  the  centennial  anniversary  of  the  year,  and  almost  the 
month  when,  in  the  banqueting  room  at  Whitehall,  Halifax  at 
the  head  of  the  Lords,  and  Powle  at  the  head  of  the  Commons, 
presented  to  William  and  Mary  the  Declaration  of  Right,  and 
when  those  sovereigns  accepted  that  instrument  which  united  for 
the  first  time  in  a  common  bond  the  title  of  the  reigning  dynasty 
and  the  liberties  of  the  people  of  England.72 

On  the  other  hand,  no  cheering-  sign  greeted  the  opponents  of 
the  Constitution.  Hitherto  they  had  ever  constituted  a  majority 
in  the  councils  of  the  Commonwealth.  They  now  heard  bruited 
abroad  the  supposed  majority  by  which  that  instrument  would 
be  carried,73  and  the  names  of  the  individuals  who  would  fill  the 
principal  offices  to  be  created  by  it.  Still  they  were  sustained 
by  that  steadfast  courage  which  buoys  up  the  patriot  when  he 
wrestles  in  defence  of  his  country.  They  saw,  indeed,  in  that 
stern  gathering  of  military  men,  who  composed  more  than  one- 
fourth  of  the  body,  and  of  the  not  less  formidable  corps  of 
judges,  that  their  hopes  of  triumph  were  faint.  They  regarded 
the  Constitution  as  the  offspring  of  usurpation.  They  solemnly 
believed  that  of  all  the  members  of  the  Assembly  who  voted  for 
the  resolution  convoking  the  Convention  recently  held  in  Phila- 
delphia, not  a  single  individual,  so  far  as  they  knew,  looked  be- 
yond a  literal  amendment  of  the  Articles  of  Confederation  ;  and 
that,  if  any  radical  change  had  been  avowed  in  debate,  the  reso- 
lution would  have  been  indignantly  rejected.  They  felt  that  a 
great  wrong  had  been  perpetrated  upon  the  people.  It  had  been 
ingeniously  contrived  that  the  work  of  the  Convention  should 


72  I  was  told  of  these  congratulations  among  the  members  by  a  gen- 
tleman who  heard  them.     The  public  men  of  the  Revolution  were  more 
intimately  acquainted  with  the  minutest  details  of  English  history  than 
their  successors  in  the  public  councils  of  the  present  day.     One  reason 
may  be  that  they  had  fewer  books  to  read,  and  that,  as  colonists,  it  was 
their  interest  to  know  critically  the  remarkable  epochs  of  English  his- 
tory.    For  an  allusion  to  the  address  of  the  tobacco-planters  of  Virginia 
to  William  on  his  escape  from  the  assassin,  see  Macaulay 's  History  of 
England^  IV,  478,  Butler's  octavo  edition,  1856. 

73  "  The  sanguine  friends  of  the  Constitution  counted  on  a  majority 
of  twenty  at  their  first  meeting,  which  number  they  imagine   will  be 
greatly  increased."     Washington  to  Jay,  June  8,  1788.     Washington's 
Writings,  IX,  374. 


VIRGINIA    CONVENTION    OF    1788.  63 

be  referred  to  the  action,  not  of  the  legislatures  of  the  States,  but 
to  a  convention  to  be  called  for  the  purpose  ;  while  a  nominal 
compliance  with  the  act  of  Virginia  was  evinced  by  reporting 
the  new  scheme  to  the  Congress  for  its  recommendation  to  the 
States.  This  important  innovation  did  not  escape  the  sagacity 
of  Richard  Henry  Lee,  who  was  at  the  time  a  member  of  Con- 
gress, nor  of  the  Congress  as  a  body  ;  but,  controlled  by  an  ex- 
trinsic pressure,  which  it  did  not  deem  prudent  to  resist,  it 
finally  recommended  the  Constitution  to  the  States,  to  be  dis- 
cussed in  the  mode  prescribed  by  the  Convention  that  framed  it. 
Still,  when  the  Constitution  was  laid  before  the  General  Assem- 
bly at  its  October  session  of  1787,  victory  was  not  wholly  be- 
yond its  grasp.  One  of  two  methods  of  redress  was  yet  within 
its  reach.  Either  that  body  might  refuse  to  receive  the  Consti- 
tution, and  refer  it  back  to  the  Congress  as  framed  in  palpable 
violation  of  the  resolution  of  Congress,  and  of  the  resolution  of 
Virginia  instructing  its  delegates  to  the  General  Convention  ; 
or,  overlooking  the  recommendation  of  a  special  Convention  for 
its  ratification  as  surplusage,  and  regarding  the  Constitution  as 
a  mere  amendment  of  the  Articles  of  Confederation,  might  have 
rejected  it  forthwith  ;  but,  unconscious  of  the  crisis  which  im- 
pended over  the  country,  or  relying  on  its  probable  strength, 
the  majority  of  the  Assembly  assented  to  the  proposition  con- 
tained in  the  new  scheme,  and  called  a  Convention  to  pass  upon 
it.  The  opponents  of  that  scheme  saw  too  late  that  this  act  was 
fatal.  It  mended  all  defects  of  form,  and  gave  the  instrument  a 
legitimacy  which  it  did  not  before  possess.  It  not  only  took  from 
the  majority  a  weapon  which,  wielded  by  efficient  hands,  would 
have  cloven  down  the  defences  of  the  minority,  but  it  transferred 
the  contest  to  a  field  in  which  the  mighty  influence  of  great 
names,  heretofore  the  common  property,  would  be  exerted 
against  it.  That  contest  raged  long  and  fiercely,  and  in  whose 
favor  it  ultimately  turned  we  shall  presently  see.  But  let  us  re- 
cord the  proceedings  of  the  body  in  the  order  in  which  they 
occurred. 

When  the  House  was  called  to  order,  a  motion  was  made  that 
John  Beckley  74  be  appointed  secretary  to  the  Convention,  who 

74  John  Beckley  was  at  various  times  Clerk  of  the  House  of  Dele- 
gates and  of  the  Senate  of  Virginia.     On  the  organization  of  the  House 


64  VIRGINIA    CONVENTION    OF    1788. 

%    • 

was  accordingly  chosen,  and  took  his  place  at  the  table  in  front 
,/     of  the  chair.      Paul    Carrington    now  rose,  and  in  a  short  ad- 
dress   nominated    Edmund    Pendleton    as    President.75      A   few 
moments  of  anxious  suspense  followed.     The  opinions  of  Pen- 


of  Representatives  of  the  United  States,  he  was  elected  clerk,  and 
served  from  April  i,  1789,  to  May  15,  1797,  and  from  December  7,  1801, 
to  October  26,  1807.  If  not  born  in  England,  he  was  educated  at  Eton, 
and  I  have  heard  Governor  Tazewell  say  that  he  was  a  classmate  of 
Fox. 

[Beckley,  or  Bickley,  was  born  in  Virginia,  and  his  full  name 
was  John  James,  and 'he  thus  subscribed  himself  as  a  member  of  the 
Phi-Beta-Kappa  Society  of  William  and  Mary  College,  in  1776.  He 
was  descended  from  the  family  of  Bickley,  or  Bickleigh,  anciently  seated 
at  Bickleigh,  upon  the  river  Ex.,  in  Devonshire.  The  elder  branch 
of  this  family  removed  into  Sussex,  and  settled  at  Chidham.  Other 
branches  settled  in  the  counties  of  Cambridge,  Warwick  and  Middle- 
sex. Arms :  Arg.  a  chev.  embattled  between  three  griffins'  heads, 
erased  gules.  Henry  Bickley  of  Chidham,  county  Essex,  born  1503  i 
died  1570.  Joseph  Bickley,  seventh  in  descent  from  Henry,  of  Chid- 
ham, patented,  i6th  June,  1727,  400  acres  of  land  in  King  William  county, 
Virginia.  John  James  Bickley  was  probably  the  son  of  Sir  William 
Bickley,  Baronet,  who  died  in  Louisa  county,  Virginia,  March  gth,  1771. 
Bickley  was  not  only  the  first  Clerk  of  the  House  of  Representatives, 
but  also  the  first  Librarian  of  Congress,  serving  from  1802  to  1807. — ED.] 

75  Neither  the  Journal  of  the  Convention  nor  Robertson  reports  the 
name  of  the  member  who  nominated  Pendleton.  I  heard,  from  a  gen- 
tleman who  was  present  at  the  time,  that  Judge  Carrington  made  the 
motion  ;  but  I  am  wholly  at  a  loss  for  the  name  of  the  seconder,  who, 
I  suppose,  was  Wythe,  from  the  fact  that  he  was  the  only  member 
likely  to  be  brought  out  against  Pendleton,  and  that  Pendleton  almost 
invariably  called  him  to  the  chair  in  Committee  of  the  Whole.  I  do 
not  find  that  any  of  our  early  deliberative  bodies  have  ever  elected  the 
chairman  of  the  Committee  of  the  Whole,  which  was  formerly  the 
usual  practice  in  the  House  of  Commons.  The  nomination  of  Pendle- 
ton was  fixed  upon  beforehand,  beyond  doubt,  and  there  can  be  as 
little  doubt  that  Wythe  was  party  to  it.  In  the  Convention  of  1829-30 
it  was  arranged  with  the  privity  of  Madison,  and  doubtless  at  his  sug- 
gestion, that  Mr.  Monroe  should  be  made  president  of  the  body,  and 
he  was  so  nominated  by  Mr.  Madison  himself;  but  the  ablest  members 
of  the  Convention  were  not  aware  of  the  design  ;  and  when  Mr.  Madi- 
son made  the  nomination,  those  who  sate  near  John  Randolph  and 
observed  his  countenance,  say  that  he  was  on  the  eve  of  rising  to  op- 
pose it,  not  so  much  from  hostility  to  Mr.  Monroe  as  from  a  belief  that 
the  honor  of  the  presidency  should  first  be  conferred  on  Madison. 


VIRGINIA   CONVENTION   OF    1788.  65 

dleton  were  well  known  to  be  in  favor  of  the  Constitution ;  and 
the  election  of  president  presented  a  fair  opportunity  of  testing 
the  relative  strength  of  parties.  In  the  selection  of  their  candi- 
date, the  Federalists  had  chosen  a  name  which,  in  the  pure  and 
benevolent  character  of  him  who  bore  it,  in  his  long  and  valua- 
ble service  in  the  public  councils,  and  in  his  venerable  age,  was 
known  and  honored  throughout  the  Commonwealth,  and  which, 
with  the  exception  of  that  of  one  who  had  long  been  his  com- 
peer in  the  House  of  Burgesses,  at  the  bar  of  the  General  Court, 
in  the  Conventions  of  1775  and  1776,  in  the  Congress,  and  on 
the  bench,  may  be  said  then  to  have  stood  almost  alone  in  the 
civil  service  of  his  country.76  But  George  Wythe  was  now 
known  to  approve  the  Constitution,  and  so  far  from  opposing 
Pendleton  would  sustain  him  by  his  vote.  Had  Wythe  been  of 
the  opposite  party,  the  opponents  of  the  Constitution  would 
doubtless  have  ventured  a  contest.  Nor  is  it  certain  that  the 
contest  would  not  have  been  successful.  Wythe  was,  as  a  man, 
more  popular  than  Pendleton;  many  of  the  members  had  been" 
his  scholars,  and  loved  him  with  an  affection  which  neither  time 
nor  distrust  could  weaken  ;  and  he  would  certainly  have  carried 
with  him  the  votes  of  the  smaller  counties  on  tide,  which  had 
ever  regarded  him  with  warm  attachment,  and  had  long  counted 
his  fame  among  their  most  precious  possessions.  The  contest, 
too,-might  have  been  waged  without  wounding  the  delicacy  of 
Pendleton,  who  was  unable  to  perform  the  duties  of  the  presi- 
ding officer  unless  allowed  to  sit  in  the  chair;  and  opposition 
may  have  taken  the  hue  of  respect  for  his  physical  infirmities. 
But  no  name  was  brought  forward  by  the  opponents  of  the  Con- 
stitution, and  Pendleton  was  elected  without  a  division. 

Twelve  years  which  had  elapsed  since  the  adjournment  of  the 
Convention  of  1776  had  left  their  mark  upon  the  President.  He 
was  in  his  sixty-seventh  year,  and  his  intellectual  powers,  quick- 
ened by  the  discussions  in  the  court  in  which  he  had  presided 
since  its  organization,  were  undiminished  ;  but  there  was  a  sad 


76  President  Pendleton,  who  was  also  president  of  the  Court  of  Ap- 
peals, was  now  in  his  sixty-seventh  year,  but,  from  the  breaking  of  a 
thigh-bone  ten  or  eleven  years  before,  which  prevented  him  from 
taking  exercise  or  moving  without  a  crutch,  looked  much  older  than 
he  was. 


66  VIRGINIA 'CONVENTION  OF  1788. 

change  in  his  outward  form.  Some  individuals  present  remem- 
bered him  as  he  was  in  the  House  of  Burgesses  more  than  a 
quarter  of  a  century  past ;  one  member  had  seen  him  in  the 
public  councils  more  than  the  third  of  a  century  ago  ;  and  not  a 
few  of  the  members  could  recall  him  as  with  a  buoyant  and 
graceful  step  he  walked  from  the  floor  of  the  Convention  of 
December,  1775,  and  of  May,  1776,  to  the  chair,  escorted  in  the 
former  body  by  Paul  Carrington  and  James  Mercer,  and  in  the 
latter  by  the  venerable  Richard  Bland  and  the  inflexible  Archi- 
bald Gary.  It  was  a  touching  sight  to  behold  him,  his  earlier 
and  elder  compeers  long  laid  to  rest,  as,  with  his  shrunken  form 
upheld  by  crutches,  he  now  passed  between  Carrington  and 
Wythe  to  the  chair.  He  made  an  acknowledgment  of  the  honor 
conferred  upon  him  in  a  few  plain  words  not  otherwise  remark- 
able than  as  being  the  first  ever  addressed  to  a  deliberate  Assem- 
bly of  Virginia  from  a  sitting  position.77 

The  Rev.  Abner  Waugh  was,  on  motion  of  Paul  Carrington, 
unanimously  elected  chaplain,  and  "was  ordered  to  attend  every 
morning  to  read  prayers,  immediately  after  the  bell  should  be 
rung  for  calling  the  Convention.78 

When  the  Convention  had  elected  the  other  officers  of  the 
body,79  had  appointed  a  Committee  of  Privileges  and  Elections,80 


77  There  was  no  formal  resolution  but  rather  a  general  understanding 
that  Pendleton  was  to  sit  in  addressing  or  putting  a  question  to  the 
house.     It  is  probable  that  Carrington,  who  was  his  associate  on  the 
bench  of  the  Court  of  Appeals,  and  who  knew  his  physical  infirmities, 
may  have  alluded  to  the  subject  in  his  nominating  speech.     Robertson, 
in  his  Debates,  thus  alludes  to  the  election  of  Pendleton :  "  He  was 
unanimously  elected  president,  who  being  seated  in  the  chair,  thanked 
the  Convention  for  the  honor  conferred  upon  him,  and  strongly  recom- 
mended to  the  members  to  use  the  utmost  moderation  and  temper  in 
their  deliberations  on  the    great  and    important   subject  now  before 
them."     Pendleton,  in  the  sketch  of  his  own  life,  mentions  gratefully 
that  he  was  allowed  to  sit  while  performing  the  duties  of  the  chair. 

78  The  Rev.  Abner  Waugh,  as  early  as  1774,  had  been  the  rector  of 
Saint  Mary  in  the  county  of  Caroline,  and  survived  to  the  year  1806, 
when  he  was  chosen  rector  of  St.  George's  parish,  Fredericksburg, 
but  finding  his  health  insufficient  for  the  performance  of  his  duty,  he 
soon  resigned    and  died  a  short  time  after    at  "  Hazlewood."      His 
valedictory  to  his  parishioners  breathes  the  devotion  of  a  Christian. 

79  The  other  officers  were  William  Drinkard,  Sr.,  and  William  Drink- 


VIRGINIA    CONVENTION    OF    1788.  67 

and  had  chosen  a  printer  of  its  proceedings,  it  adjourned,  on  the 
motion  of  George  Mason  to  the  next  day  at  eleven,  then  to 
meet  in  the  New  Academy  on  Shockoe  Hill. 

On  the  morning  of  the  next  day  it  met  in  the  New  Academy,  a 
large  wooden  structure  reared  by  the  Chevalier  Quesnay,  a  cap- 
tain in  the  army  of  the  Revolution,  for  the  promotion  of  the 
arts  and  literature  of  the  rising  Commonwealth.  Its  corner- 
stone had  been  laid  two  years  before  with  great  ceremony  in 
presence  of  the  State  and  town  authorities  ;  and  the  scheme  of 
the  institution  had  received  the  sanction  of  the  French  Academy 
of  Sciences  in  a  formal  report  endorsed  by  the  famous  Levoisier 
a  short  time  before  he  was  led  to  the  guillotine,  and  which  was 
designed  to  be  the  fountain  from  which  the  arts  and  sciences  in 
the  New  World  would  soon  begin  to  flow,  but  which,  like  most  of 
the  schemes  of  foreign  proprietors  in  a  new  country,  was  des- 
tined to  a  speedy  dissolution.  The  commodious  hall  of  this 
building  was  well  adapted  to  the  purposes  of  the  Convention, 
and  was  now  filled  to  overflowing.81 

ard,  Jr..  doorkeepers;  Edmund  Pehdleton,  Jr.,  clerk  of  the  Committee 
of  Elections  ;  Augustine  Davis,  printer ;  and  on  the  following  day 
William  Pierce  was  elected  sergeant-at-arms,  and  Daniel  Hicks,  one  of 
the  doorkeepers.  Augustine  Davis  was  the  editor  and  proprietor  of 
the  Virginia  Gazette,  and  somewhat  later  postmaster  of  Richmond. 
His  printing  office  was  in  the  basement  of  a  house  at  the  corner  of  Main 
and  Eleventh  streets,  which  was  subsequently  the  office  of  the  Whig, 
founded  by  John  Hampden  Pleasants,  (who  first  used  a  press  purchased 
from  Davis)  and  successively  of  the  Enquirer,  influential  organs  in  the 
past  respectively  of  the  Whig  and  Democratic  parties. — ED. 

80  The  Committee  of  Privileges  and  Elections  were  so  distinguished 
a  body  that  I  annex  their  names,  with  the  remark  that  such  an  array 
of  genius,  talents,  and  public  and  private  worth  had  not  been  seen 
before,  nor  has  it  been  seen  since,  on  such  a  committee  in  Virginia  : 
Benjamin   Harrison^  George  Mason,  His   Excellency  Governor  Ran- 
dolph, Patrick  Henry,  George  Nicholas,  John  Marshall,  Paul  Carring- 
ton,  John  Tyler,  Alexander  White,  John  Blair,  Theodore  Bland,  Wil- 
liam Grayson,  Daniel  Fisher,  Thomas  Mathews,  John  Jones,  George 
Wythe,  William  Cabell,  James  Taylor  of  Caroline,  Gabriel  Jones,  Fran- 
cis Corbin,  James  Innes,  James  Monroe,  Henry  Lee,  and  Cuthbert  Bul- 
litt.     The  committee  is  appointed  with  great  liberality,  the  friends  of 
the  Constitution  having  a  majority  of  two  only. 

81  The  Academy  grounds  included  the  square,  bounded  by  Broad  and 
Marshall  and  Eleventh  and  Twelfth  streets,  on  the  lower  portion  of 


68  VIRGINIA    CONVENTION    OF    1788. 

After  the  transaction   of  some   ordinary  business,    Benjamin 
Harrison  moved  that  all  the  papers  relative  to  the  Constitution 

which  stood  the  Monumental  Church  and  the  Medical  College.  The 
Academy  stood  midway  in  the  square  fronting  Broad  street.  "  L?  Acad- 
emic Des  Etats — Unis  De  UAmerique"  was  an  attempt,  growing  out 
of  the  French  alliance  with  the  United  States,  to  plant  in  Richmond  a 
kind  of  French  Academy  of  the  arts  and  sciences,  with  branch  acad- 
emies in  Baltimore,  Philadelphia,  and  New  York.  The  institution  was 
to  be  at  once  national  and  international.  It  was  to  be  affiliated  with 
the  royal  societies  of  London,  Paris,  Bruxelles,  and  other  learned  bodies 
in  Europe.  It  was  to  be  composed  of  a  president,  vice-president,  six 
counsellors,  a  treasurer-general,  a  secretary  and  a  recorder,  an  agent 
for  taking  European  subscriptions,  French  professors,  masters,  artists- 
in-chief  attached  to  the  Academy,  twenty-five  resident  and  one  hun- 
dred and  seventy-five  non-resident  associates,  selected  from  the  best 
talent  of  the  Old  World  and  of  the  New.  The  Academy  proposed  to 
publish  yearly  from  its  own  press  in  Paris,  an  almanac.  The  Academy 
was  to  show  its  zeal  for  science  by  communicating  to  France  and  other 
European  countries  a  knowledge  of  the  natural  products  of  North 
America.  The  museums  and  cabinets  of  the  Old  World  were  to  be 
enriched  by  specimens  of  the  flora  and  fauna  of  a  country  as  yet  undis- 
covered by  men  of  science.  The  proprietor  of  the  brilliant  scheme 
was  the  Chevalier  Alexander  Maria  Quesnay  de  Beaurepaire,  grand- 
son of  the  famous  French  philosopher  and  economist,  Dr.  Quesnay, 
who  was  the  court  physician  of  Louis  XV.  Chevalier  Quesnay  had 
served  as  a  captain  in  Virginia  in  1777-78  in  the  war  of  the  Revolution. 
The  idea  of  founding  the  Academy  was  suggested  to  him  in  1778  by 
John  Page,  of  "Rosewell,"  then  Lieutenant-Governor  of  Virginia,  and 
himself  devoted  to  scientific  investigation.  Quesnay  succeeded  in 
raising  by  subscription  the  sum  of  60,000  francs,  the  subscribers  in  Vir- 
ginia embracing  nearly  one  hundred  prominent  names.  The  corner- 
stone of  the  building,  which  was  of  wood,  was  laid  with  Masonic  cere- 
monies July  8th,  1786.  Having  founded  and  organized  his  Academy 
under  the  most  distinguished  auspices,  Quesnay  returned  to  Paris  and 
succeeded  in  enlisting  in  support  of  his  plan  many  learned  and  dis- 
tinguished men  of  France  and  England.  The  French  Revolution, 
however,  put  an  end  to  the  scheme.  The  Academy  building  was  early 
converted  into  a  theatre,  which  was  destroyed  by  fire,  but  a  new  theatre 
was  erected  in  the  rear  of  the  old.  This  new  building  was  also  de- 
stroyed by  fire  on  the  night  of  December  26th,  1811,  when  seventy-two 
persons  perished  in  the  flames.  The  Monumental  church  commemo- 
rates the  disaster,  and  its  portico  covers  the  tomb  and  ashes  of  most  of 
its  victims.  A  valuable  sketch  of  Quesnay's  enlightened  projection, 
chiefly  drawn  from  his  curious  ^  Memoir e  concirnant  r Academie  des 
Sciences  et  Beaux  Arts  des  Etats — Unis  d'Amerique,  &tablic  d  Rich- 


VIRGINIA   CONVENTION    OF    1788.  69 

should  be  read.  John  Tyler  observed  that  before  any  papers 
were  read,  certain  rules  and  regulations  should  be  established  to 
govern  the  Convention  in  its  deliberations.  Edmund  Randolph 
fully  concurred  in  the  propriety  of  establishing  rules  ;  but,  as 
this  was  a  subject  which  would  invoke  the  Convention  in  debate, 
he  recommended  that  the  rules  of  the  House  of  Delegates,  as 
far  as  they  were  applicable,  should  be  observed.  Tyler  had  no 
objection  to  the  mode  suggested  by  Randolph  ;  accordingly,  the 
rules  of  the  House  of  Delegates,  as  far  as  they  were  applicable, 
were  adopted  by  the  present,  as  they  had  been  by  all  subsequent 
Conventions. 

On  motion,  "the  resolutions  of  Congress  of  the  twenty-eighth 
of  September  previous,82  together  with  the  report  of  the  Federal 
Convention,  lately  held  in  Philadelphia,  the  resolutions  of  the 
General  Assembly  of  the  twenty-fifth  of  October  last,  and  the 
Act  of  the  General  Assembly,  entitled  an  Act  concerning  the 
Convention  to  be  held  in  June  next,"  were  now  read,  when 
George  Mason  arose  to  address  the  House.  In  an  instant  the 
insensible  hum  of  the  body  was  hushed,  and  the  eyes  of  all  were 
fixed  upon  him.  How  he  appeared  that  day  as  he  rose  in  that 
large  assemblage,  his  once  raven  hair  white  as  snow,  his  stalwart 
figure,  attired  in  deep  mourning,  still  erect,  his  black  eyes  fairly 
flashing  forth  the  flame  that  burned  in  his  bosom,  the  tones  of 
his  voice  deliberate  and  full  as  when,  in  the  first  House  of  Dele- 
gates, he  sought  to  sweep  from  the  statute  book  those  obliquities 
which  marred  the  beauty  of  the  young  republic,  or  uttered  that 
withering  sarcasm  which  tinges  his  portrait  by  the  hand  of  Jef- 
ferson, we  have  heard  from  the  lips,  and  seen  reflected  from  the 
moistened  eyes  of  trembling  age.  His  reputation  as  the  author 
of  the  Declaration  of  Rights  and  of  the  first  Constitution  of  a 
free  Commonwealth ;  as  the  responsible  director  of  some  of  the 

mond,"  was  published  in  The  Academy,  December,  1887,  Vol.  II,  No.  9, 
pp.  403,  412,  by  Dr.  Herbert  B.  Adams,  of  Johns-Hopkins  University. 
A  copy  of  Quesnay's  rare  "  Memoire  "  is  in  the  library  of  the  State  of 
Virginia.  Quesnay  complains  bitterly  that  all  his  letters  relating  to  his 
service  in  the  American  army  had  been  stolen  from  a  pigeon-hole  in 
Governor  Henry's  desk,  and  his  promotion  thus  prevented. 

82  This  resolution  was  merely  formal,  ordering  the  Constitution  to  be 
transmitted  to  the  legislatures  of  the  States.  It  may  be  seen  in  Fo- 
brell's  edition  of  the  Journals  of  the  old  Congress,  IX,  no. 


70  VIRGINIA   CONVENTION   OF    1788. 

leading  measures  of  general  legislation  during  the  war  and  after 
its  close;  his  position  as  a  prominent  member  of  the  General 
Convention  that  framed  the  Constitution,  which  had  been  adopted 
under  his  solemn  protest,  and  his  well-known  resolve  to  oppose 
the  ratification  with  all  his  acknowledged  abilities,  were  calcu- 
lated to  arrest  attention.  He  was  sixty-two  years  old,  and  had 
not  been  more  than  twelve  years  continuously  in  the  public  coun- 
cils,83 but  from  his  entrance  into  public  life  he  was  confessedly 
the  first  man  in  every  assembly  of  which  he  was  a  member, 
though  rarely  seen  on  the  floor  except  on  great  occasions.  But 
the  interest  with  which  he  was  now  watched  was  heightened  by 
another  cause.  From  his  lips  was  anxiously  awaited  by  all  par- 
ties the  programme  of  the  war  which  was  to  be  waged  against 
the  new  system.  He  rose  to  a  matter  of  form.  "  I  hope  and 
trust,"  he  said,  "  that  this  Convention,  appointed  by  the  people, 
on  this  great  occasion,  for  securing,  as  far  as  possible,  to  the 
latest  generations  their  happiness  and  liberty,  will  freely  and 
fully  investigate  this  important  subject.  For  this  purpose  I 
humbly  conceive  the  fullest  and  clearest  investigation  indispensa- 
bly necessary,  and  that  we  ought  not  to  be  bound  by  any  general 
rules  whatsoever.  The  curse  denounced  by  the  Divine  ven- 
geance will  be  small,  compared  with  what  will  justly  fall  on  us, 
if  from  any  sinister  views  we  obstruct  the  fullest  inquiry.  This 
subject  ought,  therefore,  to  obtain  the  fullest  discussion,  clause  by 
clause,  before  any  general  previous  question  be  put,  nor  ought  it 
to  be  precluded  by  any  other  question."  Tyler  then  moved  that 
the  Convention  should  resolve  itself  into  a  Committee  of  the 
Whole  to  take  into  consideration  the  proposed  plan  of  govern- 
ment, in  order  to  have  a  fairer  opportunity  of  examining  its 
merits.  Mason  rose  again,  and  after  recapitulating  his  reasons 
urging  a  full  discussion,  clause  by  clause,  concluded  by,  giving 
his  consent  to  the  motion  made  by  Tyler.  Madison  concurred 
with  Mason  in  going  into  a  full  and  free  investigation  of  the  sub- 
ject before  them,  and  said  that  he  had  no  objection  to  the  plan 
proposed.  Mason  then  reduced  to  writing  his  motion,  which 
was  adopted  by  the  House. 


83  Colonel  Mason  was  a  member  of  the  House  of  Burgesses  as  early 
as  1758,  with  Pendleton  and  Wythe  ;  but  did  not  adopt  the  favorite  cus- 
tom in  the  Colony  of  holding  a  seat  for  a  series  of  years.  Even  during 
the  past  twelve  years  he  was  not  always  a  member. 


VIRGINIA   CONVENTION   OF    1788.  71 

Tyler  moved  that  the  Convention  resolve  itself  into  a  Com- 
mittee of  the  Whole  the  next  day  to  take  the  plan  of  government 
under  consideration,  but  was  opposed  by  Henry  Lee,  of  West- 
moreland, who  urged  the  propriety  of  entering  into  the  discus- 
sion at  once.  Mason  rose  to  sustain  the  motion  of  Tyler,  and 
pressed  the  impolicy  of  running  precipitately  into  the  discussion 
of  a  great  measure,  when  the  Convention  was  not  in  possession 
of  the  proper  means.  He  was  sustained  by  Benjamin  Harrison, 
and  the  debate  was  closed  by  a  rejoinder  from  Lee.  The  motion 
of  Tyler  prevailed,  and  it  was  resolved  "that  this  Convention 
will  to-morrow  resolve  itself  into  a  committee  of  the  whole  Con- 
vention, to  take  into  consideration  the  proposed  Constitution  of 
Government  of  the  United  States."84 

But,  if  the  motion  of  Mason  was  acceptable  to  his  opponents,    \ 
it  was  especially  distasteful  to  his  friends.     It  had  been  foreseen    / 
that  there  would  be  some  confusion  among  the  opponents  of  the 
Constitution  in  respect  of  the  line  of  policy  to  be  pursued  in  the 
outset  of   the  campaign.     Mason  had  been  a  member  of  the  "^ 
General  Convention,  had  met  in  conclave  with  the  Virginia  dele- 
gation in  Philadelphia,  and  had  not  offered  any  opposition  to  the 
resolutions  which  were  approved  by  the  delegation,  which  were 
proposed  by  Randolph  to  the  General  Convention  as  its  basis  of   j 
action,  and  which  clearly  looked  to  an  overthrow  of  the  existing 
Federal  system.      He  could   not   consequently  take  the  ground 
which  his  colleagues  in  opposition,  Henry  in  particular,  thought 
most  available,  of  protesting  against   the  usurpation  of  a  body, 
which,  charged  with  the  office  of  proposing  amendments  to  the 


84  It  is  interesting  to  see  how  often  history  repeats  itself.  The  main 
argument  of  Lee  for  hastening  a  discussion,  was  that  the  General 
Assembly,  in  whose  hall  the  Convention  was  sitting,  would  meet  on  the 
23d  of  the  month  ;  and  as  the  Convention  did  not  adjourn  till  the  27th, 
the  two  bodies  were  in  session  at  the  same  time.  The  Convention  of 
1829-30,  also  ran  into  the  meeting  of  the  General  Assembly,  and  the 
two  bodies  sate  at  the  same  time  for  a  month  and  a  half.  As  in  both 
Conventions  there  were  members  who  were  also  members  of  the 
Assembly,  and,  as  such,  were  entitled  to  double  pay,  it  would  be  curious 
to  look  over  the  old  rolls  and  see  who  took  and  did  not  take  double 
allowance.  Of  the  members  of  the  Convention  of  1829-30  who  were 
in  the  Assembly,  though  they  really  had  double  duty  to  perform  in 
earnest,  I  do  not  know  that  more  than  one  member  received  double 
pay,  albeit  it  was  unquestionably  due. 


72  VIRGINIA*  CONVENTION   OF    1788. 

existing  government,  had  recommended  an  entirely  new  govern- 
ment in  its  stead.  He  may,  however,  have  deemed  the  Act  of 
Assembly  convoking  the  present  Convention  as  a  substantial 
endorsement  of  the  Act  of  the  General  Convention  ;  and  with 
his  usual  sagacity  may  have  thought  it  prudent,  apart  from  any 
personal  feeling  in  the  case,  to  arrest  a  contest  which  he  foresaw 
would  result  in  the  defeat  of  his  friends.  At  this  late  day,  unin- 
fluenced by  the  excitement  of  the  times,  we  are  able  to  appreciate 
the  tactics  of  the  divisions  of  the  anti-Federal  party  at  their 
proper  value.  The  main  object  of  Mason  was  to  prevent  a  pre- 
mature committal  of  the  House  by  a  vote  on  any  separate  part 
of  the  Constitution;  for  he  well  knew  that  an  approval  of  one 
part  would  be  urged  argumentatively  to  obtain  the  approval  of 
another  part,  and  that,  if  the  Constitution  were  approved  in 
detail,  it  would  be  approved  as  a  whole;  and  so  far  as  his  motion 
postponed  intermediate  voting,  it  was  wise  and  well-timed.  But 
in  requiring  the  Constitution  to  be  discussed  clause  by  clause,  he 
went  beyond  his  legitimate  purpose,  and  played  into  the  hands 
of  his  opponents.  The  Federal  Constitution,  to  be  opposed 
successfully,  must  be  discussed  on  the  ground  either  of  its  unfit- 
ness  as  a  whole  to  attain  the  end  of  its  creation,  or  on  the  dan- 
gerous tendency  of  its  various  provisions.  To  preclude  the 
debate  on  the  first  head,  and  to  narrow  the  debate  on  the  second 
to  the  consideration  of  a  single  clause,  was  almost  to  resign  the 
benefits  of  discussion  to  the  friends  of  the  system.  The  resolu- 
tion was  capable  of  being  wielded  with  fatal  effect,  and,  if  enforced 
by  a  skillful  and  stern  parliamentarian,  would  have  effectually 
prevented  all  freedom  of  debate.  The  anti-Federalists  believed 
that  the  Constitution  in  its  general  scope  was  false  to  liberty;  yet, 
by  the  resolution,  they  were  to  be  strictly  confined  to  a  discussion, 
not  of  its  general  tendency,  but  of  the  tendency  of  a  particular 
clause.  Now,  it  is  barely  possible  that  a  single  provision  of  a 
vast  system,  when  defended  at  length  by  an  able  hand,  cannot  be 
made  to  assume  a  plausible  shape  in  the  eyes  of  a  mixed  assem- 
bly. Either  its  obvious  meaning  will  be  denied,  or  an  equivocal 
one  will  be  attached  to  its  terms.  The  Federalists  were  aware 
of  the  advantages  of  such  a  warfare,  and  hence  the  readiness 
with  which  Madison  rose  to  accept  the  proposal.85  Indeed,  it  is 

85  Madison  wrote  on  the  4th  to  Washington  a  letter,  of  which  the 


VIRGINIA    CONVENTION    OF    1788.  73 

a  topic  of  interest  now  to  observe  how  often  the  dogged  perti- 
nacity of  George  Nicholas  and  Madison,  who  acted  the  part  of 
whippers-in  during  the  discussion,  was  rebuked  by  the  indignant 
eloquence  of  Mason  and  Henry.86  It  is  true  that  the  timely 
movement  of  Tyler  in  transferring  the  debate  from  the  House  to 
the  Committee  of  the  Whole  in  some  measure  counteracted  the 
ill  effects  of  Mason's  motion  ;  but  its  evil  influence  was  sensibly 
felt  by  his  friends  throughout  the  session. 

The  opening  of  the  session  on  the  third  day87  was  awaited  by 
a  large  assemblage.  Every  seat  was  filled,  while  hundreds  of 
respectable  persons  remained  standing  in  the  passages  and  at  the 
doors.  Among  the  spectators  from  every  part  of  the  Common- 
wealth were  young  men  of  promise,  eager  to  behold  the  states- 
men who  had  long  served  their  country  with  distinction,  whose 
names  were  connected  with  every  important  civil  and  military 
event  of  the  Revolution;  and  some  of  whom  were  to  be  seen 
now  for  the  last  time  in  a  public  body,  and  must  in  the  order  of 
nature  soon  pass  away.  It  is  not  unworthy  of  remark,  as  an 
illustration  of  the  effects  wrought  by  the  exhibition  of  genius 
and  talents  on  great  occasions,  that  some  of  those  young  men 
who  were  so  intently  watching  the  progress  of  the  debates,  as  if 
touched  by  the  inspiration  of  the  scene,  were  themselves  to  lead 
the  deliberations  of  public  bodies  and  to  control  the  councils  of 
the  State  and  of  the  Union  for  more  than  the  third  of  a  century 
to  come.88 

following  is  an  extract:  k'I  found,  contrary  to  my  expectations,  that 
not  a  very  full  House  had  been  made  on  the  first  day,  but  that  it  had 
proceeded  to  the  appointment  of  the  president  and  other  officers.  Mr. 
Pendleton  was  put  into  the  chair  without  opposition.  Yesterday  little 
more  was  done  than  settling  some  forms,  and  resolving  that  no  ques- 
tion, general  or  particular,  should  be  propounded  till  the  whole  plan 
should  be  considered  and  debated  clause  by  clause.  This  was  moved 
by  Colonel  Mason,  and,  contrary  to  his  expectations,  concurred  in  by 
the  other  side."  Madison  to  General  Washington,  Writings  of  Wash- 
ington, IX,  370,  note. 

86  Robertson's  Debates,  page  36,  et  passim,     I  use  Robertson's  Debates, 
edition  of  1805;  the  handsome  edition  of  the  Debates  following  the 
entire  third  volume  of  Elliott,  published  in   1859  under  the  sanction  of 
Congress,  not  having  then  appeared. 

87  Wednesday,  June  4,  1788. 

88  No  such  thing  as  a  published  speech  was  then  known  in  the  coun- 


74  VIRGINIA    CONVENTION    OF    1788. 

M 

It  was  the  general  expectation  that  Henry  would  open  the 
debate  on  the  part  of  the  opponents  of  the  Constitution  ;  but 
those  who  knew  the  Conflicting  positions  held  by  Mason  and 
himself,  and  had  watched  him  closely  on  the  preceding  day, 
anticipated  a  skirmish  before  the  regular  debate  began;  and  in 
this  expectation  they  were  not  disappointed.  When  the  House 
had  received  and  acted  upon  the  reports  of  the  Committee  of 
Elections,  the  order  of  the  day  was  read,  and  the  Convention 
went  into  Committee  of  the  Whole.  Wythe  was  called  to  the 
chair.89  Next  to  Pendleton,  his  fame  as  a  jurist  and  a  statesman 
had  been  more  widely  diffused  at  home  and  abroad  than  that  of 
any  other  member.  He  had  been  longest  in  the  public  service ; 
had  long  been  a  member  of  the  House  of  Burgesses,  which  he 
entered  as  early  as  1758  ;  had  been  the  intimate  and  confidential 


try,  and  the  only  means  of  forming  an  opinion  of  the  powers  of  a  pub- 
lic man  was  to  hear  him  speak.  Brief  and  imperfect  as  Robertson }s 
Debates  are,  they  present  the  fullest  report  of  speeches  then  known  in 
our  annals.  Hence,  the  clever  young  men  of  the  State  crowded  to 
Richmond,  all  of  them  on  horseback.  William  B.  Giles  was  among 
the  spectators. 

89  I  have  never  met  with  an  instance  in  our  parliamentary  proceedings 
of  the  election  of  the  chairman  of  the  Committee  of  the  Whole  by  the 
House.  In  the  House  of  Burgesses  the  chairman,  as  the  name  implies, 
literally  sate  in  a  chair,  none  but  the  Speaker,  who  had  been  approved 
by  the  Governor,  and  was  in  some  sense  the  representative  of  majesty, 
occupying  the  Speaker's  seat.  In  Committee  of  the  Whole,  the  mace, 
which  was  always  placed  on  the  clerk's  table  in  regular  session,  was 
put  under  the  table.  I  confess  that  I  have  not  been  able  to  trace  satis- 
factorily the  fate  of  the  mace  of  the  House  of  Burgesses.  I  have  been 
told  that  it  was  melted  at  some  date  later  than  1790.  There  was  a 
member  of  the  Senate  from  one  of  the  tidewater  counties  who  made 
great  efforts  to  get  a  mace  from  the  Senate.  The  city  of  Norfolk  still 
possesses  its  ancient  silver  mace  presented  to  the  corporation  by  Gov- 
ernor Gooch  in  1736  or  thereabouts.  This  mace,  of  which  a  description 
and  a  cut  is  given  in  The  Dinwiddie  Papers,  Vol.  I  {Virginia  Historical 
Collections,  Vol.  Ill),  pp.  xiv,  xv,  was  "The  gift  of  Hon.  Robert  Din- 
widdie, Lieutenant-Governor  of  Virginia,  to  the  corporation  of  Nor- 
folk, 1753."  For  notice  of  further  examples  of  the  mace  in  Virginia 
and  other  British-American  colonies,  see  the  same  note.  The  mace  of 
the  House  of  Burgesses,  which  was  by  purchase  saved  from  the 
"smelter's  pot"  by  Colonel  William  Heth,  who  transformed  it  into  a 
drinking  cup,  is  now  in  the  possession  of  his  grand  nephew,  Harry 
Heth,  late  Major-General  C.  S.  Army. — ED. 


VIRGINIA   CONVENTION    OF    1788.  75 

friend  of  Fauquier  and  Botetourt,  and  the  associate  of  all  the 
royal  governors  of  Virginia  who  in  his  time  had  any  pretensions 
as  gentlemen  and  scholars ;  had  spoken  in  the  great  debate  on  the 
Declaration  of  Independence  in  Congress ;  had  voted  for  the 
Declaration  of  Rights  and  the  Constitution  of  Virginia  ;  had 
filled  the  chair  of  the  House  of  Delegates,  when  Pendleton,  suf- 
fering from  his  recent  accident,  was  detained  at  home,  and  had 
acquired  in  the  performance  of  his  various  duties  that  knowl. 
edge  of  the  law  of  parliament  and  those  habits  of  a  presiding 
officer,  which  were  now  indispensable  to  an  occupant  of  the  chair. 
His  position  in  one  respect  was  unique.  As  a  professor  of  Wil- 
liam and  Mary,  he  had  trained  some  of  the  ablest  members  of 
the  House,  who  regarded  him  with  a  veneration  greater  than 
that,  great  as  it  was,  which  was  shared  by  the  public  at  large.90 
He  had  reached  his  sixty-second  year;  yet  as  he  moved  with  a 
brisk  and  graceful  step  from  the  floor  to  the  chair,  his  small  and 
erect  stature  presented  a  pleasing  image  of  a  fresh  and  healthy 
old  man.  In  a  front  view,  as  he  sate  in  the  chair,  he  appeared  to 
be  bald  ;  but  his  gray  hair  grew  thick  behind,  and  instead  of 
being  wrapped  with  a  ribbon,  as  was  then  and  many  years  later 
the  universal  custom,  descended  to  his  neck,  and  rose  in  a  broad 
curl  He  had  not  yet  given  way  to  that  disarrangement  of  his 
apparel  which  crept  upon  him  in  extreme  age,  and  was  arrayed 
in  the  neat  and  simple  dress  that  has  come  down  to  us  in  the 
portrait  engraved  by  Longacre.91  Though  never  robust,  he  was 
now  more  able  to  bear,  in  a  physical  sense,  the  formidable  ordeal 
of  the  chair  than  Pendleton.  He  had  been  a  member  of  the 
General  Convention  which  framed  the  Constitution,  and  had 
assented  to  the  Virginia  platform  presented  to  that  body  ;  but, 
as  he  was  absent  when  that  instrument  was  subscribed  by  the 
members,  his  name  did  not  appear  on  its  roll.  He  was,  however, 
in  favor  of  its  ratification. 

When  Wythe  had  taken  his  seat,  before  he  had  ordered  the 
clerk  to  read  the  first  clause  of  the  Constitution,  Henry  was  on 
the  floor.  It  was  observed  that  age  had  made  itself  felt  in  the 

90  Among  the  numerous  pupils  of  Wythe  in  the  Convention  were 
Chief  Justice  Marshall,  President  Monroe,  George  and  Wilson  Gary 
Nicholas,  Read,  Innes,  Lewis,  Samuel  Jordan  Cabell,  &c. 

91  A  single-breasted  coat,  with  a  standing  collar,  a  single-breasted 
vest,  and  a  white  cravat  buckled  behind. 


76  VIRGINIA    CONVENTION    OF.    1788. 

appearance  of  this  early  and  constant  favorite  of  the  people. 
He  should  have  been  in  the  vigor  of  life,  for  he  had  just  entered 
his  fifty-third  year;  but  he  had  encountered  many  hardships  in 
his  vagrant  life  as  a  practising  attorney,  and  had  endured  much 
trouble  as  a  man  and  as  a  patriot.  There  was  a  perceptible  stoop 
in  his  shoulders,  and  he  wore  glasses.  His  hair  he  had  lost  in 
early  life,  and  its  place  was  supplied  by  a  brown  wig,  the  adjust- 
ment of  which,  when  under  high  excitement,  was,  as  alleged  by 
his  contemporaries,  a  frequent  gesture.'2  He  had  doubtless 
suffered  at  intervals  from  a  painful  organic  disease  which  more 
than  any  other  racks  the  system,  and  which  eleven  years  later 
brought  him  to  the  grave.  But  his  voice  had  not  yet  lost  its 
wondrous  magic,93  and  his  intellectual  powers  knew  no  decline. 
He  was  to  display  before  the  adjournment  an  ability  in  debate 
and  a  splendor  of  eloquence,  which  surpassed  all  his  previous 
efforts,  and  which  have  rarely  been  exhibited  in  a  public  assem- 
bly. 

Neither  Mason  nor  Henry  was  skilled  in  the  law  of  parlia- 
ment; but  it  is  probable  that  Henry,  in  his  solitary  drive  from 
Prince  Edward,  had  formed  some  outline  of  the  course  which  he 
intended  to  pursue.  It  was  generally  known  that  the  Federal- 
ists believed  that  they  made  up  a  majority  of  the  House;  and  he 
well  knew  that  if  Pendleton  were  nominated,  as  he  certainly 
would  be,  for  the  chair,  he  would  be  elected  above  any  com- 
petitor. Such  a  man  carried  with  him  not  only  the  weight  of 
his  party,  but  his  weight  as  an  individual.  To  oppose  him,  there- 
fore, was  to  risk  a  signal  defeat;  and  from  a  signal  defeat  in  the 
onset  it  might  not  be  easy  to  recover.  The  election  of  president 
was  allowed  accordingly  to  pass  in  silence.  The  next  plausible 


92  I  have  heard  Governor  Tazewell  say  that  he  has  seen  Henry,  in 
animated  debate,  twirl  his  wig  round  his  head  several  times  in  rapid 
succession.      Our  fathers    had    better    eyes  than    their    descendants. 
Glasses  were  rarely  worn.     Colonel  Thomas  Lewis  was  the  only  mem- 
ber of  the  Convention  that  wore  them  habitually.     Patrick  Henry  and 
Judge  Wilson,  of  Pennsylvania,  are  the  only  two  men  of  the   Revolu- 
tionary era  who  are  painted    with  glasses.     Franklin  wore  them  in  the 
Federal  Convention,  but  he  was  over  eighty  at  that  time. 

93  He  told  his  family  that  he  lost  his  voice  in  pleading  the   British 
Debts'  cause  in  1791  ;  but  that  loss  none  who  heard  him  speak  at  any 
time  afterwards  could  detect. 


VIRGINIA    CONVENTION    OF    1788.  77 

ground  of  attack  was  to  be  sought  in  the  various  Acts  of  Assem- 
bly which  had  called  the  General  Convention  into  existence. 
The  most  important  of  these  acts  had  been  plainly  violated  by 
that  body,  and  the  new  scheme  was  the  offspring  of  usurpation  ; 
and  Henry  thought  that,  if  this  view  was  presented  in  all  its 
fearful  extent  by  his  friends,  the  result  might  yet  be  an  immedi- 
ate rejection  of  the  new  government.  But  he  had  to  deal  with 
one  of  the  wariest  parliamentarians  of  that  age.  When,  therefore, 
Henry  moved,  as  he  now  proceeded  to  do,  that  the  various  Acts 
of  Assembly  should  be  read  by  the  clerk,  evidently  intending  to 
follow  up  the  reading  with  a  speech,  Pendleton,  who,  foreseeing 
the  game,  was  on  the  watch,  and  who  feared  the  effect  of  one  of 
Henry's  speeches  in  the  yet  unfixed  state  of  parties,  was  in- 
stantly helped  on  his  crutches,  and  opposed  the  reading.94  He 
did. not  speak  more  than  fifteen  minutes;  but  the  effect  of  his 
speech  was  conclusive.  It  was  an  occasion  of  all  others  best 
adapted  to  his  talents.  The  discussion  in  his  view  involved  no 
great  principle  to  be  treated  at  large,  but  the  interpretation  of  an 
Act  of  Assembly.  He  occupied  the  ground  at  once  on  which 
Henry  would  have  sought  to  place  him  by  force.  He  boldly 
assumed  the  position  that,  whatever  might  be  the  meaning  of 
the  Act  calling  the  General  Convention,  the  Act  of  Assembly  con- 
voking the  present  Convention  for  the  express  purpose  of  dis- 
cussing the  paper  on  the  table  was  paramount  to  all  other  Acts, 
and  was  the  rule  of  action  prescribed  by  the  people.  Did  this 
speech  exist  as  spoken  by  Pendleton,  posterity  might  read  in  the 
speech  itself  and  in  its  circumstances  the  peculiarities  of  his 
mind  and  character.  Assign  him  the  ground  he  was  to  occupy — 
plant  him  on  the  rampart  of  an  Act  of  Assembly — and  he  was 
invincible.  Such  was  the  effect  of  his  speech  that  Henry  made 
no  reply,  and  not  caring  to  court  a  defeat,  which  he  saw  was 
inevitable,  withdrew  his  resolution. 

But,  if  Henry  had  a  favorite  plan,  the  Federalists  had  one  of 
their  own ;  and  that  plan  was  to  discuss  the  Constitution,  clause 
by  clause,  in  the  House  under  the  eye  of  a  president  to-be  elected 
by  themselves  ;  a  mode  which  had  already  been  adopted  on  the 

94  The  general  reader  may  perhaps  not  know  that  the  president  or 
speaker  of  a  House  on  the  Committee  of  the  Whole  sits  with  the  mem- 
bers in  the  body  of  the  House,  and  is  free  to  engage  in  the  debates, 
which  he  cannot  do  when  in  the  chair. 


78  VIRGINIA^  CONVENTION   OF    1788. 

motion  of  Mason,  who  little  dreamed  that  he  was  treading  in  the 
tracks  of  his  foes.  Fortunately  for  the  opponents  of  the  Con- 
stitution, Tyler,  who,  as  Speaker  of  the  House  of  Delegates,  had 
been  familiar  with  the  tactics  of  deliberative  bodies,  and  who 
was  opposed  to  the  new  scheme,  had,  as  if  in  anticipation  of  the 
purposes  of  the  Federalists,  succeeded  in  transferring  the  dis- 
cussions to  the  Committee  of  the  Whole. 

The  clerk  proceeded  to  read  the  preamble  of  the  Constitution 
and  the  two  first  sections  of  the  first  article.  When  he  had  read 
them,  George  Nicholas  rose  to  explain  and  defend  them.  There 
was  a  prestige  in  the  name  of  Nicholas,  and  in  the  forensic  repu- 
tation of  the  gentleman  who  now  bore  it,  which  placed  him  in 
the  front  rank  of  what  may  be  called  the  second  growth  of  emi- 
nent men  who  attained  to  distinction  during  the  Revolution,  and 
the  brightness  of  whose  genius  has  been  reflected  even  in  .our 
own  times.  The  eldest  son  of  the  venerable  patriot  who  so  long 
held  the  keys  of  the  treasury,  and  whose  death,  in  the  midst  of 
the  Revolution  in  which  he  had  freely  embarked  his  great  ser- 
vices and  a  reputation  that  in  the  eyes  of  his  compatriots  ap- 
proached to  sanctity,  had  sealed  his  fame  as  a  martyr  in  his 
country's  cause,  George  Nicholas  entered  public  life  under  favor- 
able auspices.  Born  in  the  city  of  Williamsburg,  and  nurtured 
in  that  institution  which  has  been  for  more  than  a  century  and  a 
half  the  gem  of  the  ancient  metropolis,  he  early  engaged  in  the 
study  of  the  law,  and  soon  rose  to  the  highest  distinction  at 
the  bar.  Nor  was  his  professional  skill  his  only  passport  to  pub- 
lic attention.  He  had  entered  the  army  at  the  beginning  of  the 
war,  and  displayed  more  than  once  a  capacity  for  military  ser- 
vice that  received  the  approbation  of  his  superiors.  But  it  was 
in  the  House  of  Delegates  that  he  gained  his  highest  distinction. 
During  the  war,  and  until  the  meeting  of  the  present  Convention, 
he  held  a  prominent  place  in  that  body,  which  he  almost  entirely 
controlled,  now  threatening  with  impeachment  the  first  execu- 
tive officer  of  the  Commonwealth,  now  planning  the  laws  which 
were  to  constitute  the  titles  to  land  in  that  immense  principality 
which  reached  from  the  Alleghany  to  the  Mississippi.95  His 


95  Benjamin  Watkins  Leigh  has  been  heard  to  say  that  George  Mason 
drafted  the  first  land  law  ;  but  it  is  certain  that  George  Nicholas  ex- 
erted a  greater  influence  in  shaping  the  land  laws  than  any  other  man. 


VIRGINIA   CONVENTION    OF    1788.  79 

appearance  was  far  from  prepossessing.  His  stature  was  low, 
ungainly,  and  deformed  with  fat.  His  head  was  bald,  his  nose 
curved  ;  a  gray  eye  glanced  from  beneath  his  shaggy  brows  ; 
and  his  voice,  though  strong  and  clear,  was  without  modulation. 
His  address,  which  had  been  polished  by  long  and  intimate  asso- 
ciation in  the  most  refined  circles  of  the  Colony,  to  which  by 
birth  he  belonged,  and  of  the  Commonwealth ;  his  minute  ac- 
quaintance with  every  topic  of  local  legislation  ;  his  ready  com- 
mand of  that  historical  knowledge  within  the  range  of  a  well- 
educated  lawyer  of  the  old  regime  ;  perfect  self-possession,  which 
had  been  acquired  in  many  a  contest  at  the  bar  and  in  the  House 
of  Delegates  with  most  of  the  able  men  ndw  opposed  to  him, 
and  which  enabled  him  to  wield  at  will  a  robust  logic  in  debate 
which  few  cared  to  encounter,  made  him  one  of  the  most  prom- 
ising of  that  group  of  rising  statesmen  who  had  caught  their 
inspiration  from  the  lips  of  Wythe.  Without  one  ray  of  fancy 
gleaming  throughout  his  discourse,  without  action,  unless  the  use 
of  his  right  hand  and  forefinger,  as  if  he  were  demonstrating  a 
proposition  on  a  black-board,  be  so  called,  by  the  force  of  argu- 
ment applied  to  his  subject  as  if  the  sections  of  the  Constitution 
were  sections  of  an  Act  of  Assembly,  he  kept  that  audience,  the 
most  intellectual,  perhaps,  ever  gathered  during  that  century 
under  a  single  roof  in  the  Colony  or  in  the  Commonwealth, 
anxious  as  it  was  for  the  appearance  of  the  elder  members  in  the 
debate,  for  more  than  two  hours  in  rapt  attention.  His  speech 
is  one  of  the  fullest  reported  by  Robertson,  and  its  strict  and 
masterly  examination  of  the  two  sections  before  the  House,  ex- 
plains the  interest  which  it  awakened  and  which  it  sustained.96 
Henry,  who  probably  saw  his  mistake  in  allowing  one  of  the 

96  See  Robertson's  Debates  of  the  Virginia  Convention  of  1788,  page 
18.  I  have  alluded  to  the  fatness  of  Nicholas.  As  he  continued  a 
prominent  politician  to  his  death  in  Kentucky  in  1799,  and  as  it  was 
hard  to  meet  his  argument,  his  opponents  resorted  to  caricature,  and 
pictured  him  as  broad  as  he  was  long.  A  friend  told  me  that  he  once 
saw  Mr.  Madison  laugh  till  the  tears  came  into  his  eyes  at  a  caricature 
of  George  Nicholas,  which  represented  him  k(  as  a  plum  pudding  with 
legs  to  it."  He  was  probably  one  of  the  fattest  lawyers  since  the  days 
of  his  namesake  Sir  Nicholas  Bacon,  the  lord  keeper,  who  was  so  blown 
by  the  mere  effort  of  taking  his  seat  in  the  court  of  chancery  that  it 
was  understood  that  no  lawyer  should  address  him  until  he  had  sig- 
nified the  recovery  of  his  wind  by  three  taps  of  his  cane  on  the  floor. 


80  VIRGINIA    CONVENTION    OF    1788. 

ablest  friends  of  the  Constitution  to  be  the  first  to  reach  the  ear 
of  the  House,  followed  Nicholas  on  the  debate.  If  Nicholas 
adhered  to  the  letter  of  the  two  sections,  Henry  did  not  follow 
his  example;  nor  did  he  allude  to  those  sections  or  to  the  speech 
of  Nicholas,  but  spoke  as  if  his  resolution  had  been  adopted,  and 
the  desired  information  had  been  obtained  by  the  committee. 
He  began  by  saying  that  the  public  mind  as  well  as  his  own  was 
extremely  weary  at  the  proposed  change  of  government.  "  Give 
me  leave,"  he  said,  "to  form  one  of  the  number  of  those  who 
wish  to  be  thoroughly  acquainted  with  the  reasons  of  this  peril- 
ous and  uneasy  situation,  and  \\hy  we  are  brought  hither  to 
decide  on  this  great  national  question.  I  consider  myself  as  the 
servant  of  the  people  of  this  Commonwealth,  as  a  sentinel  over 
their  rights,  liberty  and  happiness.  I  represent  their  feelings 
when  I  say  that  they  are  exceedingly  uneasy,  being  brought 
from  that  state  of  full  security  which  they  enjoyed  to  the  present 
delusive  appearance  of  things.  A  year  ago  the  minds  of  our 
citizens  were  in  perfect  repose.  Before  the  meeting  of  the  late 
Federal  Convention  at  Philadelphia,  a  general  peace  and  an  uni- 
versal tranquility  prevailed  in  this  country  ;  but  since  that  period, 
the  people  are  exceedingly  uneasy  and  disquieted.  When  I 
wished  for  an  appointment  to  this  Convention,  my  mind  was 
extremely  agitated  for  the  situation  of  public  affairs.  I  conceive 
the  public  to  be  in  extreme  danger.  If  our  situation  be  thus 
uneasy,  whence  has  arisen  this  fearful  jeopardy  ?  It  arises  from 
this  fatal  system.  It  arises  from  a  proposal  to  change  our  gov- 
ernment— a  proposal  that  goes  to  the  annihilation  of  the  most 
solemn  engagements  of  the  States — a  proposal  of  establishing 
nine  States  into  a  confederacy,  to  the  eventual  exclusion  of  four 
States.  It  goes  to  the  annihilation  of  those  solemn  treaties  we 
have  formed  with  foreign  nations.  The  present  circumstances 
of  France — the  good  offices  rendered  us  by  that  kingdom — re- 
quire our  most  faithful  and  most  punctual  adherence  to  our  treaty 
with  her.  We  are  in  alliance  with  the  Spaniards,  the  Dutch,  the 
Prussians  ;  those  treaties  bound  us  as  thirteen  States  confederated 
together.  Yet  here  is  a  proposal  to  sever  that  confederacy.  Is 
it  possible  that  we  shall  abandon  all  our  treaties  and  national 
engagements?  And  for  what?  I  expected  to  have  heard  the 
reasons  of  an  event  so  unexpected  to  my  mind  and  the  minds 
of  others.  Was  our  civil  polity  or  public  justice  endangered  or 


VIRGINIA    CONVENTION   OF    1788.  81 

sapped?  Was  the  real  existence  of  the  country  threatened,  or 
was  this  preceded  by  a  mournful  progression  of  events  ?  This 
proposal  of  altering  the  government  is  of  a  most  alarming 
nature.  Make  the  best  of  the  new  government — say  it  is  com- 
posed by  anything  but  inspiration — you  ought  to  be  extremely 
cautious,  watchful,  jealous  of  your  liberty ;  for  instead  of  securing 
your  rights  you  may  lose  them  forever.  If  a  wrong  step  be 
now  made,  the  republic  may  be  lost  forever.  If  this  new  gov- 
ernment will  not  come  up  to  the  expectation  of  the  people, 
and  they  should  be  disappointed,  their  liberty  will  be  lost, 
and  tyranny  must  and  will  arise.  I  repeat  it  again,  and  I  beg 
gentlemen  to  consider,  that  a  wrong  step  now  will  plunge 
us  into  misery,  and  our  republic  will  be  lost.  It  will  be 
necessary  for  this  Convention  to  have  a  faithful  historical 
detail  of  the  facts  that  preceded  the  session  of  the  Federal 
Convention,  and  the  reasons  that  actuated  its  members  in  pro- 
posing an  entire  alteration  of  Government,  and  to  demonstrate 
the  dangers  that  awaited  us.  If  they  were  of  such  awful  mag- 
nitude as  to  warrant  a  proposal  so  extremely  perilous  as  this,  I 
must  assert  that  this  Convention  has  an  absolute  right  to  a 
thorough  discovery  of  every  circumstance  relative  to  this  great 
event.  And  here  I  would  make  this  inquiry  of  those  worthy 
characters  who  composed  a  part  of  the  late  Federal  Convention. 
I  am  sure  they  were  fully  impressed  with  the  necessity  of  form- 
ing a  great  consolidated  Government  instead  of  a  confederation. 
That  this  is  a  consolidated  Government  is  demonstrably  clear  ; 
and  the  danger  of  such  a  Government  is  to  my  mind  very 
striking.  I  have  the  highest  veneration  for  those  gentlemen ; 
but,  sir,  give  me  leave  to  demand  what  right  had  they  to  say, 
We,  the  people  f  My  political  curiosity,  exclusive  of  my  anxious 
solicitude  for  the  public  welfare,  leads  me  to  ask  who  authorized 
them  to  speak  the  language  of  '  We,  the  People '  instead  of 
1  We,  the  States  '  ?  States  are  the  characteristics  and  soul.of  a 
confederation.  If  the  States  be  not  the  agents  of  this  compact, 
it  must  be  one  great  consolidated  Government  of  the  people  of 
all  the  States.  I  have  the  highest  respect  for  those  gentlemen 
who  formed  the  Convention ;  and  were  some  of  them  not  here 
I  would  express  some  testimonial  of  esteem  for  them.  America 
had,  on  a  former  occasion,  put  the  utmost  confidence  in  them — a 


82  VIRGINIA    CONVENTION    OF    1788. 

confidence  which  was  well  placed — and  I  am  sure,  sir,  I  would 
give  up  everything  to  them  ;  I  would  cheerfully  confide  in  them 
as  my  representatives.  But  on  this  great  occasion  I  would  de- 
mand the  cause  of  their  conduct.  Even  from  that  illustrious 
man,  who  saved  us  by  his  valor,  I  would  have  a  reason  for  his 
conduct.  That  liberty  which  he  has  given  us  by  his  valor  tells 
me  to  ask  this  reason ;  but  there  are  other  gentlemen  here  who 
can  give  us  this  information.  The  people  gave  them  no  power 
to  use  their  name.  That  they  exceeded  their  power  is  perfectly 
clear.  It  is  noj  mere  curiosity  that  actuates  me.  I  wish  to  hear 
the  real  actual  existing  danger,  which  should  lead  us  to  take 
those  steps  so  dangerous  in  my  conception.  Disorders  have 
arisen  in  other  parts  of  America,  but  here,  sir,  no  dangers,  no 
insurrection  or  tumult  has  happened  ;  everything  has  been  calm 
and  tranquil.97  But,  notwithstanding  this,  we  are  wandering  in 
the  great  ocean  of  human  affairs.  I  see  no  landmark  to  guide 
us.  We  are  running  we  know  not  whither.  Difference  of 
opinion  has  gone  to  a  degree  of  inflammatory  resentment  in  dif- 
ferent parts  of  the  country,  which  has  been  occasioned  by  this 
perilous  innovation.  The  Federal  Convention  ought  to  have 
amended  the  old  system— for  this  purpose  they  were  solely  dele- 
gated— the  object  of  their  mission  extended  to  no  other  considera- 
tion. You  must  therefore  forgive  the  solicitation  of  one  unwor- 


97  This  remark  is  strictly  true.  There  was  no  disorder  of  any  kind 
in  Virginia.  While  Massachusetts  was  rent  by  intestine  commotions 
and  by  a  formidable  rebellion,  Virginia  was  in  a  state  of  profound  tran- 
quility.  The  want  of  profitable  employment  for  the  labor  of  the  North, 
and  the  low  state  of  its  marine,  produced  by  the  absence  of  the  West 
India  trade  which  it  enjoyed  before  the  war,  and  by  the  abundance  of 
foreign  shipping,  are  two  great  causes  of  northern  troubles.  Meantime 
our  agriculture  was  most  prosperous,  and  our  harbors  and  rivers  were 
filled  with  ships.  The  shipping  interest  of  Norfolk  was  clamorous  for 
duties  on  foreign  tonnage,  but,  as  we  have  shown  in  another  place,  was 
really  advancing  most  rapidly  to  a  degree  of  success  never  known  in 
the  Colony.  The  immediate  representatives  of  that  part  and  its 
vicinity  were  under  the  delusion  that  the  new  Government  would  en- 
able them  to  drive  foreign  ships  away,  and  to  fill  their  places  with 
home-built  vessels — a  delusion  that  was  soon  dispelled  in  a  short  sea- 
son by  the  sad  reality  of  ports  without  either  foreign  or  domestic  ship- 
ping. 


VIRGINIA   CONVENTION    OF    1788.  &3 

thy  member  to  know  what  danger  could  have  arisen  under  the 
present  confederation,  and  what  are  the  causes  of  this  proposal 
to  change  our  Government."  98 

This  was  the  first  blast  from  the  trumpet  of  Henry,  and  hardly 
had  its  echoes  died  on  the  ear,  when  Edmund  Randolph,  evi- 
dently from  previous  arrangement,  sprang  to  the  floor.  If 
Nicholas  lacked  that  exterior  which  commends  itself  to  the  eye, 
Randolph,  who  was  his  brother-in-law,  was  in  that  respect  par- 
ticularly fortunate.  He  had  attained  his  thirty-seventh  year,  and 
was  in  the  flower  of  his  manhood.  His  portly  figure  ;  his  hand- 
some face  and  flowing  hair ;  his  college  course  in  the  class-room 
and  especially  in  the  chapel,  in  which,  standing  in  the  shadow  of 
the  tomb  of  his  titled  ancestor,  he  was  wont  to  pour  the  streams 
of  his  youthful  eloquence  into  ravished  ears;  his  large  family 
connections,  so  important  to  a  rising  politician,  and  so  convenient 
to  fall  back  upon  in  case  of  defeat ;  the  high  honors  which,  from 
his  entrance  on  the  stage  in  his  twenty-third  year,  had  been 
showered  upon  him  by  the  people  and  by  the  Assembly;  the 
eclat  which  he  had  elicited  by  his  forensic  exertions,  and  by  the 
imposing  part  which  he  had  borne  in  the  deliberations  of  the 
Convention  at  Philadelphia  ;  his  liberal  acquaintance  with  English 
literature  ;  his  stately  periods,  fashioned  in  imitation  of  that  cele- 
brated orator  who,  in  the  earlier  part  of  the  century,  had  sought 
to  conceal,  under  the  forms  of  exquisite  drapery,  the  tenets  of  a 
dangerous  philosophy,  and  set  off  by  a  voice  finely  modulated, 
the  tones  of  which  rolled  grandly  through  the  hall  and  were  re- 
verberated from  the  gallery,  constituted  some  of  the  titles  to  the 
distinction  universally  accorded  him  of  being  the  most  accom- 
plished statesman  of  his  age  in  the  Commonwealth.  An  inci- 
dent which  occurred  in  his  early  life,  and  which  could  not  be 
recalled  by  him  at  any  time  without  painful  emotions,  tended 

98  This  speech,  imperfect  as  it  is  reported,  will  give  the  reader  some 
notion  of  the  topics  of  the  speakers ;  but  he  must  supply  from  his 
imagination  the  influence  which  the  voice,  the  action,  and  the  character 
of  Henry,  imparted  to  everything  he  said.  Mr.  Madison,  in  his  latter 
days,  told  Governor  Coles  that  when  he  had  made  a  most  conclusive 
argument  in  favor  of  the  Constitution,  Henry  would  rise  to  reply  to 
him,  and  by  some  significant  action,  such  as  a  pause,  a  shake  of  the  head, 
or  a  striking  gesture,  before  he  uttered  a  word,  would  undo  all  that 
Madison  had  been  trying  to  do  for  an  hour  before. 


84  VIRGINIA   CONVENTION    OF    1788. 

ultimately  to  his  advantage.  His  father,  who  had  been  at  the 
beginning  of  the  Revolution  Attorney  General  of  the  Colony, 
had  adhered  to  the  standard  of  England.  The  son,  undaunted 
by  the  conduct  of  his  father,  who  is  said  to  have  disinherited 
him  for  refusing  to  follow  his  example,  and  impelled  by  that 
spirit  of  chivalry  which  has  ever  been  the  heir-loom  of  his  race, 
hastened  to  the  army  then  encamped  on  the  heights  of  Boston, 
that  he  might  win  an  escutcheon  of  his  own,  undebased  by  the 
act  of  his  sire."  On  his  return  to  Virginia  the  most  flattering 
honors  awaited  him — honors  the  more  valuable  from  the  preju- 
dices which  distrusted  the  shoulders  of  youth.  He  was  returned 
to  the  Convention  of  May,  1776,  by  the  city  of  Williamsburg 
which  had  ever  selected  the  ablest  men  of  the  Colony  as  its  rep- 
resentatives. In  that  Convention  he  was  placed  on  the  commit- 
tee which  reported  the  resolution  instructing  the  delegates  of 
Virginia  in  Congress  to  propose  independence,  the  Declaration 
of  Rights,  and  a  plan  of  government.  He  was  elected  by  the 
body  Attorney-General  of  the  new  Commonwealth — an  honor 
which  his  grandfather,  his  uncle,  and  his  father,  in  the  meridian 
of  their  fame,  had  been  proud  to  possess.  Three  years  later  he 
was  elected  by  the  General  Assembly  a  member  of  Congress, 
and  was  successively  re-elected  for  the  usual  term.  In  1786  he  was 
deputed  one  of  the  seven  members  dispatched  from  Virginia  to 
the  meeting  of  Annapolis;  and  in  1787  he  was  sent  to  the  Gen- 
eral Convention  which  framed  the  Federal  Constitution.  He  was 
now  Governor  of  the  Commonwealth. 

But  with  all  his  advantages,  he  was  involved  at  this  critical 
juncture  in  one  of  those  distressing  dilemmas  into  which  impul- 
sive politicians  are  prone  to  fall,  and  which  tend  to  unnerve  the 
strongest  minds.  The  title  of  renegade,  however  falsely  ap- 
plied, is  apt  to  blast  the  fairest  flowers  of  rhetoric,  and  to  impair 
or  render  unavailing  the  greatest  powers  of  logic  ;  and  by  this 
title  he  well  knew  he  was  regarded  in  the  estimation  of  a  large  and 
influential  number  of  the  members  whom  he  was  now  to  address. 
In  the  Philadelphia  Convention  he  had  exerted  great  influence 
in  giving  to  the  Constitution  its  main  outline ;  but,  differing  on 


99  He  passed  through  Philadelphia  on  his  way  to  Boston,  and  was 
strongly  commended  to  Washington  by  a  remarkable  letter,  for  a  copy 
of  which  I  am  indebted  to  Mr.  Connarroe,  of  the  former  city. 


VIRGINIA    CONVENTION   OF    1788.  85 

some  important  points  from  his  three  colleagues,  who  had  ap- 
proved that  instrument,  he,  sustained  by  Mason  and  Gerry 
alone,  declined  to  vote  in  its  favor.  Nor  did  his  opposition  to 
the  new  scheme  halt  at  this  stage  of  the  proceeding.  In  a  let- 
ter which  he  addressed  to  the  Speaker  of  the  House  of  Dele- 
gates,100 which  was  designed  for  publication,  and  which  was  pub- 
lished far  and  wide,  he  expressed  his  opinions  at  length,  and  led 
the  opponents  of  the  Constitution  to  believe  that  they  would 
receive  the  aid  of  his  talents  and  those  of  his  family  connection 
in  their  favorite  plan  of  withholding  the  assent  of  Virginia  to  its 
ratification  until  certain  amendments,  designed  to  remedy  the 
defects  enumerated  by  him,  should  become  an  integral  part  of 
the  new  system.  The  change  of  his  views,  which,  though  it 
took  place  some  time  previous  to  the  meeting  of  the  Conven- 
tion, was  not  universally  known  until  that  body  assembled,  and 
was  received  at  a  time  when  the  public  excitement  was  intense, 
and  when  a  single  vote,  or  the  influence  of  a  single  name,  might 
decide  the  great  question  at  issue,  by  his  former  opponents  with 
warm  approbation,  and  by  his  former  friends  with  indignant 
scorn.  How  far  he  was  justified  in  the  course  which  he  pursued, 
will  be  discussed  elsewhere,  our  present  purpose  being  only  to 
explain  the  relation  in  which  he  stood  when  he  rose  to  address 
the  House.101 

Conscious  of  the  delicacy  of  his  position,  and  not  indisposed 
to  throw  off  a  weight  that  pressed  heavily  upon  him  ;  or,  per- 
haps, willing  to  deprive  his  opponents  of  the  benefit  likely  to 
accrue  to  them  from  that  formal  and  fearful  arraignment  which 

100  Elliot's  Debates,  I,  482. 

101  The  letter  which  he  prepared  for  the  Assembly  in  the  winter  of 
I787~'88,  but  which  he  did  not  transmit,  and  which  was  afterwards  pub- 
lished,   was  the  first    conclusive  indication    that   he  would    vote  for 
the  ratification  of  the  Constitution  with  or  without  amendments.     The 
letter  may  be  found  in  Carey's  Museum,  III,  61.     Madison,  writing  to 
Jefferson  as  late  as  April  22,  1788,  forty  days  before  the  meeting-  of  the 
present  Convention,  and  in  intimate  correspondence  with  Randolph, 
reports  Randolph  as  "so  temperate  in  his  opposition,  and  goes  so  far 
with  the  friends  of  the  Constitution,  that  he  cannot  be  properlv  classed 
with  its  enemies."     If  Madison  could  not  speak  confidently  on  the  sub- 
ject, no  other  person  well  could. 


86  VIRGINIA   CONVENTION    OF    1788. 

he  knew  would,  sooner  or  later,  inevitably  follow,  he  resolved  to 
introduce  the  unpleasant  topic  at  once.  After  a  graceful  allusion 
to  the  philosophy  of  the  passions  which  were  apt  to  rage  most 
fiercely  on  those  occasions  which  required  the  calmest  delibera- 
tion, but  excepting  the  members  of  the  Convention  from  such 
an  influence,  he  continued  :  "  Pardon  me,  sir,  if  I  am  particularly 
sanguine  in  my  expectations  from  the  chair  ;  it  well  knows  what 
is  order ,  how  to  command  obedience™  and  that  political  opinions 
may  be  as  honest  on  one  side  as  the  other.  Before  I  pass  into 
the  body  of  the  argument,  I  must  take  the  liberty  of  mentioning 
the  part  I  have  already  borne  in  this  great  question ;  but  let  me 
not  here  be  misunderstood.  I  come  not  to  apologize  to  any  mem- 
ber within  these  walls,  to  the  Convention  as  a  body,  or  even  to 
my  fellow  citizens  at  large.  Having  obeyed  the  impulse  of  duty  ; 
having  satisfied  my  conscience,  and,  I  trust,  my  God,  I  shall 
appeal  to  no  other  tribunal ;  nor  do  I  become  a  candidate  for 
popularity ;  my  manner  of  life  has  never  yet  betrayed  such  a 
desire.  The  highest  honors  and  emoluments  of  the  Common- 
wealth are  a  poor  compensation  for  the  surrender  of  personal 
independence.  The  history  of  England  from  the  revolution  (of 
1688),  and  that  of  Virginia  for  more  than  twenty  years  past, 
show  the  vanity  of  a  hope  that  general  favor  should  ever  follow 
the  man,  who  without  partiality  or  prejudice  praises  or  disap- 
proves the  opinions  of  friends  or  of  foes  ;  nay,  I  might  enlarge 
the  field,  and  declare,  from  the  great  volume  of  human  nature 
itself,  that  to  be  moderate  in  politics  forbids  an  ascent  to  the 
summit  of  political  fame.  But  I  come  hither  regardless  of 
allurements,  to  continue  as  I  have  begun,  to  repeat  my  earnest 
endeavors  for  a  firm,  energetic  government,  to  enforce  my  objec- 
tions to  the  Constitution,  and  to  concur  in  any  practical  scheme 
of  amendments;  but  I  will  never  assent  to  any  scheme  that  will 
operate  a  dissolution  of  the  Union,  or  any  measure  which  may 
lead  to  it.  This  conduct  may  probably  be  uphanded  as  injurious 
to  my  own  views  ;  if  it  be  so,  it  is  at  least  the  natural  offspring 
of  my  judgment.  I  refused  to  sign,  and  if  the  same  were  to 


102  This  very  pointed  intimation  to  Wythe  to  keep  the  discussion  from 
wandering  from  the  sections  under  debate,  shows  very  plainly  the  pro- 
gramme of  the  Federalists.  If  such  was  their  policy  in  committee  of 
tne  whole,  we  can  well  judge  what  they  designed  it  to  be  in  the  House. 


VIRGINIA   CONVENTION    OF    1788.  87 

return,  again  would  I  refuse.  Wholly  to  adopt  or  wholly  to 
reject,  as  proposed  by  the  Convention,  seemed  too  hard  an 
alternative  to  the  citizens  of  America,  whose  servants  we  were, 
and  whose  pretensions  amply  to  discuss  the  means  of  their  hap- 
piness were  undeniable.  Even  if  adopted  under  the  tenor  of 
impending  anarchy,  the  government  must  have  been  without 
that  safest  bulwark,  the  hearts  of  the  people ;  and  if  rejected 
because  the  chance  of  amendments  was  cut  off,  the  Union  would 
have  been  irredeemably  lost.  This  seems  to  have  been  verified 
by  the  event  in  Massachusetts ;  but  our  Assembly  have  removed 
these  inconveniences  by  propounding  the  Constitution  to  our 
full  and  free  inquiry.  When  I  withheld  my  supscription,  I  had 
not  even  the  glimpse  of  the  genius  of  America  relative  to  the 
principles  of  the  new  Constitution.  Who,  arguing  from  the 
preceding  history  of  Virginia,  could  have  divined  that  she  was 
prepared  for  the  important  change?  In  former  times,  indeed, 
she  transcended  every  Colony  in  professions  and  practices  of 
loyalty;  but  she  opened  a  perilous  war  under  a  democracy  almost 
as  pure  as  representation  would  admit.  She  supported  it  under 
a  Constitution  which  subjects  all  rule,  authority,  and  power  to 
the  legislature.  Every  attempt  to  alter  it  had  been  baffled  ;  the 
increase  of  Congressional  power  had  always  excited  alarm.  I 
therefore  would  not  bind  myself  to  uphold  the  new  Constitution 
before  I  had  tried  it  by  the  true  touchstone ;  especially,  too, 
when  I  foresaw  that  even  the  members  of  the  General  Conven- 
tion might  be  instructed  by  the  comments  of  those  without  doors. 
But,  moreover,  I  had  objections  to  the  Constitution,  the  most 
material  of  which,  too  lengthy  in  detail,  I  have  as  yet  barely 
stated  to  the  public,  but  will  explain  when  we  arrive  at  the  proper 
points.  Amendments  were  consequently  my  wish  ;  these  were 
the  grounds  of  my  repugnance  to  subscribe,  and  were  perfectly 
reconcilable  with  my  unalterable  resolution  to  be  regulated  by 
the  spirit  of  America,  if  after  our  best  efforts  for  amendments, 
they  could  not  be  removed.  I  freely  indulge  those  who  may 
think  this  declaration  too  candid  in  believing  that  I  hereby  de- 
part from  the  concealment  belonging  to  the  character  of  a  states- 
man. Their  censure  would  be  more  reasonable  were  it  not  for 
an  unquestionable  fact,  that  the  spirit  of  America  depends  upon 
a  combination  of  circumstances  which  no  individual  can  control, 
and  arises  not  from  the  prospect  of  advantages  which  may  be 


88  VIRGINIA    CONVENTION    OF    1788. 

% 

gained  by  the  acts  of  negotiation,  but  from  deeper  and  more 
honest  causes.  As  with  me  the  only  question  has  ever  been 
between  previous  and  subsequent  amendments,  so  I  will  express 
my  apprehensions,  that  the  postponement  of  this  Convention  to 
so  late  a  day  has  extinguished  the  probability  of  the  former  with- 
out inevitable  ruin  to  the  Union  ;  and  the  Union  is  the  anchor 
of  our  political  salvation  ;  and  I  will  assent  to  the  lopping  of  this 
limb  (meaning  his  arm)  before  I  assent  to  the  dissolution  of  the 
Union,"  Then,  turning  to  Henry,  he  said  :  "  I  shall  now  follow 
the  honorable  gentleman  in  his  inquiry.  Before  the  meeting  of 
the  Federal  Convention,"  says  the  honorable  gentleman,  "we 
rested  in  peace.  A  miracle  it  was  that  we  were  so  ;  miraculous 
must  it  appear  to  those  who  consider  the  distresses  of  the  war, 
and  the  no  less  afflicting  calamities  which  we  suffered  in  the  suc- 
ceeding peace.  Be  so  good  as  to  recollect  how  we  fared  under 
the  Confederation.  I  am  ready  to  pour  forth  sentiments  of  the 
fullest  gratitude  to  those  gentlemen  who  framed  that  system.  I 
believe  they  had  the  most  enlightened  heads  in  this  western 
hemisphere.  Notwithstanding  their  intelligence  and  earnest 
solicitude  for  the  good  of  their  country,  this  system  has  proved 
totally  inadequate  to  the  purpose  for  which  it  was  devised  ;  but, 
sir,  it  was  no  disgrace  to  them.  The  subject  of  confederations 
was  then  new,  and  the  necessity  of  speedily  forming  some  gov- 
ernment for  the  States  to  defend  them  against  the  passing  dan- 
gers prevented,  perhaps,  those  able  statesmen  from  making  the 
system  as  perfect  as  more  leisure  and  deliberation  would  have 
enabled  them  to  do.  I  cannot  otherwise  conceive  how  they 
would  have  formed  a  system  that  provided  no  means  of  enforcing 
the  powers  which  were  nominally  given  to  it.  Was  it  not  a 
political  farce  to  pretend  to  vest  powers  without  accompanying 
them  with  the  means  of  putting  them  into  execution.103  This 


loa  The  wonder  is,  not  as  Mr.  Randolph  thinks,  that  the  Congress 
made  such  a  confederation,  but  that  they  succeeded  in  making  any 
confederation  at  all.  Among  other  evidences  in  my  possession  of  the 
difficulties  which  environed  the  subject,  I  quote  the  annexed  extract 
from  a  letter  of  Edward  Rutledge,  a  member  of  Congress,  which  I 
received  from  an  esteemed  friend  at  the  North,  dated  August,  1776, 
and  which  will  show  that  the  work  was  nearly  given  up  in  despair: 
"  We  have  nothing  with  the  confederation  for  some  days,  and  it  is  of 
little  consequence  if  we  never  see  again  ;  for  we  have  made  such  a 


VIRGINIA    CONVENTION    OF    1788.  89 

want  of  energy  was  not  a  greater  solecism  than  the  blending 
together  and  vesting  in  one  body  all  the  branches  of  govern- 
ment. The  utter  inefficacy  of  this  system  was  discovered  the 
moment  the  danger  was  over  by  the  introduction  of  peace.  The 
accumulated  public  misfortunes  that  resulted  from  its  inefficacy 
rendered  an  alteration  necessary.  This  necessity  was  obvious  to 
all  America.  Attempts  have  accordingly  been  made  for  this  pur- 
pose. I  have  been  a  witness  to  this  business  from  its  earliest 
beginning.  I  was  honored  with  a  seat  in  the  small  Convention 
held  at  Annapolis.  The  members  of  that  Convention  thought 
unanimously  that  the  control  of  commerce  should  be  given  to 
Congress  and  recommended  to  their  States  to  extend  the  im- 
provement to  the  whole  system.  The  members  of  the  General 
Convention  were  particularly  deputed  to  meliorate  the  Confed- 
eration. On  a  thorough  contemplation  of  the  subject,  they 
found  it  impossible  to  amend  that  system  :  what  was  to  be  done  ? 
The  dangers  of  America,  which  will  be  shown  at  another  time  by 
particular  enumeration,  suggested  the  expedient  of  forming  a 
new  plan.  The  Confederation  has  done  a  great  deal  for  us  we 
all  allow ;  but  it  was  the  danger  of  a  powerful  enemy,  and  the 
spirit  of  America,  sir,  and  not  any  energy  in  that  system,  that 
carried  us  through  that  perilous  war ;  for  what  were  its  best 
aims  ?  The  greatest  exertions  were  made  when  the  danger  was 
most  imminent.  This  system  was  not  signed  till  March,  1781, 
Maryland  not  having  acceded  to  it  before  ;  yet  the  military 
achievements  and  other  exertions  of  America,  previous  to  that 
period,  were  as  brilliant,  effectual,  and  successful  as  they  could 
have  been  under  the  most  energetic  government.  This  clearly 
shows  that  our  perilous  situation  was  the  cement  of  our  Union. 
How  different  the  scene  when  this  peril  vanished  and  peace  was 
restored  !  The  demands  of  Congress  were  treated  with  neglect. 
One  State  complained  that  another  had  not  completed  its  quotas 
as  well  as  itself;  public  credit  gone,  for,  I  believe,  were  it  not 
for  the  private  credit  of  individuals,  we  should  have  been  ruined 

(devil)  of  it  already  that  the  Colonies  can  never  agree  to  it.  If  my 
opinion  was  likely  to  be  taken,  I  would  propose  that  the  States  should 
appoint  a  special  Congress  to  be  composed  of  new  members  for  this 
purpose ;  and  that  no  person  should  disclose  any  part  of  the  present 
plan.  If  that  was  done,  we  might  then  stand  some  chance  of  a  Con- 
federation ;  at  present  we  stand  none  at  all." 


90  VIRGINIA    CONVENTION    OF    1788. 

% 

long  before  that  time  ;  commerce  languishing  ;  produce  falling 
in  value  ;  and  justice  trampled  under  foot.  We  became  con- 
temptible in  the  eyes  of  foreign  nations ;  they  discarded  us  as 
little  wanton  bees  who  had  played  for  liberty,  but  had  no  suf- 
ficient solidity  or  wisdom  to  secure  it  on  a  permanent  basis,  and 
were  therefore  unworthy  of  their  regard.  It  was  found  that 
Congress  could  not  even  enforce  the  observance  of  treaties.  The 
treaty  under  which  we  enjoy  our  present  tranquility  was  disre- 
garded. Making  no  difference  between  the  justice  of  paying 
debts  due  to  people  here,  and  that  of  paying  those  due  to  peo- 
ple on  the  other  side  of  the  Atlantic,  I  wished  to  see  the  treaty 
complied  with,  by  the  payment  of  the  British  debts,  but  have  not 
been  able  to  know  why  it  has  been  neglected.  What  was  the 
reply  to  the  demands  and  requisites  of  Congress  ?  You  are  too 
contemptible  ;  we  will  despise  and  disregard  you. 

"  I  shall  endeavor  to  satisfy  the  gentleman's  political  curiosity. 
Did  not  our  compliance  with  any  demand  of  Congress  depend 
on  our  own  free  will  ?  If  we  refused,  I  know  of  no  coercive 
power  to  compel  a  compliance.104  After  meeting  in  Convention, 
the  deputies  from  the  States  communicated  their  information  to 
one  another.  On  a  review  of  our  critical  situation,  and  of  the 
impossibility  of  introducing  any  degree  of  improvement  into  the 
old  system,  what  ought  they  to  have  done?  Would  it  not  have 
been  treason  to  return  without  proposing  some  scheme  to  relieve 
their  distressed  country  ?  The  honorable  gentleman  asks  why 
we  should  adopt  a  system  that  shall  annihilate  and  destroy  our 
treaties  with  France  and  other  nations.  I  think  the  misfortune 
is  that  these  treaties  are  violated  already  under  the  honorable 
gentleman's  favorite  system.  I  conceive  that  our  engagements 
with  foreign  nations  are  not  at  all  affected  by  this  system  ;  for 
the  sixth  article  expressly  provides  that  '  all  debts  contracted, 
and  engagements  entered  into,  before  the  adoption  of  this  Con- 
stitution, shall  be  as  valid  against  the  United  States  under  this 
Constitution  as  under  the  Confederation.'  Does  this  system, 
then,  cancel  debts  due  to  or  from  the  continent?  Is  it  not  a  well 


104  The  two  first  sentences  of  this  paragraph  have  a  personal  bearing 
upon  Henry.  The  allusion  is  to  Henry's  proposition  that  the  delin- 
quent States  should  be  compelled  by  force  to  make  full  payment  of 
their  quotas.  This  is  only  important  to  show  that  Randolph  is  the  ag- 
gressor in  the  furious  quarrel  that  was  soon  to  take  place. 


VIRGINIA   CONVENTION    OF    1788.  91 

known  maxim  that  no  change  of  situation  can  alter  an  obliga- 
tion once  rightly  entered  into  ?  He  also  objects  because  nine 
States  are  sufficient  to  put  the  Government  in  motion.  What 
number  of  States  ought  we  to  have  said  ?  Ought  we  to  have  re- 
quired the  concurrence  of  all  the  thirteen  ?  Rhode  Island — in 
rebellion  against  integrity — Rhode  Island  plundered  all  the  world 
by  her  paper  money ;  and,  notorious  for  her  uniform  opposition 
to  every  Federal  duty,  would  then  have  it  in  her  power  to  defeat 
the  Union  ;  and  may  we  not  judge  with  absolute  certainty,  from 
her  past  conduct,  that  she  would  do  so?  Therefore,  to  have  re- 
quired the  ratification  of  all  the  thirteen  States  would  have  been 
tantamount  to  returning  without  having  done  anything.  What 
other  number  would  have  been  proper  ?  Twelve  ?  The  same 
spirit  that  has  actuated  me  in  the  whole  progress  of  the  business, 
would  have  prevented  me  from  leaving  it  in  the  power  of  any 
one  State  to  dissolve  the  Union  ;  for  would  it  not  be  lamentable 
that  nothing  could  be  done  for  the  defection  of  one  State  ?  A 
majority  of  the  whole  would  have  been  too  few.  Nine  States, 
therefore,  seem  to  be  a  most  proper  number. 

"  The  gentleman  then  proceeds,  and  inquired  why  we  assumed 
the  language  of  '  We,  the  people.'  I  ask,  why  not?  The  Gov- 
ernment is  for  the  people  ;  and  the  misfortune  was  that  the  peo- 
ple had  no  agency  in  the  Government  before.  The  Congress 
had  power  to  make  peace  and  war  under  the  old  Confederation. 
Granting  passports,  by  the  law  of  nations,  is  annexed  to  this 
power  ;  yet  Congress  was  reduced  to  the  humiliating  condition 
of  being  obliged  to  send  deputies  to  Virginia  to  solicit  a  pass- 
port. Notwithstanding  the  exclusive  power  of  war  was  given  to 
Congress,  the  second  Article  of  the  Confederation  was  inter- 
preted to  forbid  that  body  to  grant  a  passport  for  tobacco,  which, 
during  the  war,  and  in  pursuance  of  engagements  made  at  Little 
York,  was  to  have  been  sent  into  New  York.  What  harm  is 
there  in  consulting  the  people  on  the  construction  of  a  Govern- 
ment by  which  they  are  to  be  bound  ?  Is  it  unfair?  Is  it  un- 
just? If  the  Government  is  to  be  binding  upon  the  people,  are 
not  the  people  the  proper  persons  to  examine  its  merits  or  de- 
fects ?  I  take  this  to  be  one  of  the  least  and  most  trivial  objec- 
tions that  will  be  made  to  the  Constitution.  In  the  whole  of  this 
business  I  have  acted  in  the  strictest  obedience  to  the  dictates  of 
my  conscience  in  discharging  what  I  conceive  to  be  my  duty  to 


92 


VIRGINIA^  CONVENTION    OF    1788. 


my  country.  I  refused  my  signature,  and  if  the  same  reasons 
operated  on  my  mind,  I  would  still  refuse  ;  but  as  I  think  that 
those  eight  States,  which  have  adopted  the  Constitution,  will  not 
recede,  I  am  a  friend  to  the  Union." 

This  speech,  the  report  of  which  is  meagre  and  evidently  dis- 
connected, had  considerable  effect  on  the  body.  It  placed  the 
speaker  at  once  in  the  party  of  the  Federalists,  and  put  an  end 
to  the  favorable  expectations  in  which  the  opponents  of  the  Con- 
stitution had  indulged.  The  bold  and  sarcastic  tone  in  which 
he  answered  the  inquiries  of  Henry  told  that,  instead  of  dread- 
ing, he  defied  the  attacks  of  the  orator  of  the  people.  At  this 
day  we  can  see  the  ingenious  sophisms  with  which  the  speech 
abounds ;  and  it  is  obvious  that  Randolph  did  not  fully  see,  or 
purposely  made  light  of,  the  most  significant  interrogatory  of 
Henry. 

He  was  followed  by  Mason,  whose  words  were  now  watched 
with  an  interest  hardly  exceeded  by  that  which  existed  when  he 
first  rose  to  address  the  House  ;  for  he,  too,  had  been  a  member 
of  the  General  Convention,  and  had  declared  in  that  body  that, 
on  certain  conditions,  none  of  which  included  the  words  of  the 
preamble,  he  would  approve  the  Constitution  ;  but,  though  no 
parliamentarian,  he  saw  the  snare  into  which  his  opponents  were 
anxious  that  he  should  fall,  and  adroitly  avoided  it  by  taking 
ground  which  placed  him  in  instant  communion  with  Henry. 
He  began  by  saying  that,  whether  the  Constitution  be  good  or 
bad,  the  present  clause  demonstrated  that  it  is  a  national  Gov- 
ernment, and  no  longer  a  confederation  ; 105  ihat  popular  govern- 
ments could  only  exist  in  small  territories  ;  that  what  would  be  a 
proper  tax  in  one  State  would  not  be  a  proper  tax  in  another ; 
that  the  mode  of  levying  taxes  was  of  the  utmost  consequence  ; 
that  the  subject  of  taxation  differed  in  three- fourths  of  the  States  ; 
that,  if  the  national  Government  was  enabled  to  raise  what  is 
necessary,  that  was  sufficient;  but,  he  said,  why  yield  this 
dangerous  power  of  unlimited  taxation  ?  He  objected  to  the 

105  The  clause  to  which  he  alludes  is  as  follows  :  "  Representatives 
and  direct  taxes  shall  be  apportioned  among  the  several  States,  which 
may  be  included  within  this  Union,  according  to  their  respective  num- 
bers, which  shall  be  determined  by  adding  to  the  whole  number  of  free 
persons,  including  those  bound  to  service  for  a  term  of  years,  and  ex- 
cluding Indians  not  taxed,  three-fifths  of  all  other  persons." 


VIRGINIA    CONVENTION    OF    1788.  93 

rule  apportioning  the  number  of  representatives — "the  number 
of  representatives,"  the  Constitution  said,  "shall  not  exceed  one 
for  every  thirty  thousand  ;"  no\v,  will  not  this  be  complied  with, 
although  the  present  number  should  never  be  increased? 
"  When  we  come  to  the  judiciary,"  he  said,  "  we  shall  be  more 
convinced  that  this  Government  will  terminate  in  the  annihila- 
tion of  the  State  Government.  The  question  then  will  be, 
whether  a  consolidated  Government  can  preserve  the  freedom 
and  secure  the  great  rights  of  the  people.  If  such  amendments 
be  introduced  as  shall  exclude  danger,  I  shall  most  gladly  put 
my  hand  to  this  Constitution.  When  such  amendments  as  shall 
secure  the  great  essential  rights  of  the  people  be  agreed  to  by 
gentlemen,  I  shall  most  heartily  make  the  greatest  concessions, 
and  concur  in  any  reasonable  measure  to  obtain  the  desirable 
end  of  conciliation  and  unanimity;  but  an  indispensable  amend- 
ment is  that  Congress  shall  not  exercise  the  power  of  raising 
direct  taxes  till  the  States  shall  have  refused  to  comply  with  the 
requisitions  of  Congress.  On  this  condition  it  may  be  granted  ; 
but  I  see  no  reason  to  grant  it  unconditionally  ;  as  the  States 
can  raise  the  taxes  with  more  ease,  and  lay  them  on  the  inhabi- 
tants with  more  propriety  than  it  is  possible  for  the  general  Gov- 
ernment to  do.  If  Congress  hath  this  power  without  control,  the 
taxes  will  be  laid  by  those  who  have  no  fellow  feeling  or  acquain- 
tance with  the  people.  This  is  my  objection  to  the  article  under 
consideration.  It  is  a  very  great  and  important  one.  I  beg, 
gentlemen,  seriously  to  consider  it.  Should  this  power  be  re- 
strained, I  shall  withdraw  my  objections  to  this  part  of  the  Con- 
stitution ;  but,  as  it  stands,  it  is  an  objection  so  strong  in  my  mind 
that  its  amendment  is  with  me  a  sine  qua  non  of  its  adoption.  I 
wish  for  such  amendments,  and  such  only,  as  are  necessary  to 
secure  the  dearest  rights  of  the  people." 

Madison,  who  had  kept  himself  in  reserve  to  answer  Mason, 
then  took  the  floor.  We  must  not  confound  the  Madison  who 
presided  in  the  Federal  Government,  and  who  appeared  in  extreme 
old  age  in  the  Convention  of  1829,  with  the  Madison  who  now 
in  his  thirty-eighth  year  rose  to  address  the  House.  Twelve 
years  before  he  had  entered  the  Convention  of  1776,  a  small,  frail 
youth,  who,  though  he  had  reached  his  twenty-fifth  year,  looked 
as  if  he  had  not  attained  his  majority.  Diffident  as  he  was  on 
that  his  first  appearance  in  public  life,  his  merits  did  not  even 


94  VIRGINIA    CONVENTION    OF    1788. 

% 

then  pass  unobserved  ;  and  he  was  placed  on  the  grand  com- 
mittee of  that  body  which  reported  the  resolution  instructing 
the  delegates  of  Virginia  in  Congress  to  propose  independence, 
and  which  reported  the  declaration  of  rights  and  the  Constitu- 
tion. After  serving  in  the  first  House  of  Delegates  to  the  close 
of  its  session,106  he  was  soon  after  chosen  a  member  of  the  Coun- 
cil, and  was  in  due  time  transferred  thence  to  Congress,  when  his 
talents  were  first  exerted  in  debate,  and  of  which  body  he  was  at 
that  time  a  member.  He  had  at  an  early  day  foreseen  the  neces- 
sity of  an  amendment  of  the  Articles  of  Confederation  ;  had 
been  a  member  of  the  meeting  at  Annapolis  ;  and  was,  perhaps, 
more  instrumental  in  the  call  of  the  General  Convention  than 
any  other  of  his  distinguised  contemporaries.  In  that  body  he 
had  performed  a  leading  part ;  and  in  addition  to  his  ordinary 
duties  as  a  member,  he  undertook  the  task  of  reporting  the  sub- 
stance of  the  debates,  and  thus  preserved  for  posterity  the  only 
full  record  of  its  deliberations  that  we  possess.  His  services  in 


106  As  Mr.  Madison  was  a  member  of  the  May  Convention  of  1776, 
and  also  a  member  of  the  first  House  of  Delegates,  it  is  reasonable  to 
suppose  that  he  had  been  elected  on  two  distinct  occasions  by  the  peo- 
ple ;  but  as  such  was  not  the  fact,  and  as  both  Mr.  Jefferson  and  Mr. 
Madison  have  made  statements  in  some  measure  derogatory  from  the 
true  nature  of  our  early  Convention,  it  may  be  worth  while  to  say  that, 
after  the  subsidence  of  the  House  of  Burgesses  in  the  Revolution,  the 
members  who  were  returned  by  the  people  on  the  basis  of  that  House, 
acted  on  the  sovereign  capacity  of  conventions,  as  we  now  understand 
the  word  The  conventions,  like  the  House  of  Burgesses,  were  elected 
for  a  given  term  ;  and  the  members  of  the  Convention  of  May,  1776, 
after  framing  the  Constitution,  having  been  elected  to  serve  one  year, 
did  not  adjourn  sine  die,  but  being  on  the  identical  basis  of  the  House 
of  Delegates  under  the  new  Constitution,  held  over,  and  became  the 
first  House  of  Delegates  of  the  General  Assembly,  the  Senate  of  which 
had  been  elected  by  the  people.  Hence,  Mr.  Madison  and  Mr.  Jeffer- 
son have  frequently  affirmed  that  the  first  Constitution  of  Virginia  was 
made  by  an  ordinary  legislature ;  overlooking  the  facts  stated  above, 
and  failing  to  recognize  the  two  remarkable  precedents  afforded  by 
Englibh  history  in  the  Convention  Parliament  of  1660,  which  restored 
Charles  the  Second,  and  the  Convention  Parliament  of  1688,  which 
settled  the  British  crown  on  William  and  Mary ;  both  of  which  bodies, 
when  their  conventional  duties  were  finished,  became  the  ordinary 
House  of  Commons  until  the  expiration  of  the  term  for  which  the 
members  had  been  elected. 


VIRGINIA   CONVENTION    OF    1788.  95 

this  respect  were  invaluable.107  From  his  entrance  into  Congress 
he  was  compelled  to  engage  in  public  speaking;  and  as  all  his 
intellectual  powers  had  for  years  been  trained  to  discussion,  when 
he  took  his  seat  in  the  present  Convention  he  was  probably  one 
of  the  most  thorough  debaters  of  that  age.  His  figure  had 
during  the  last  twelve  years  become  more  manly,  and  though 
below  the  middle  stature,  was  muscular  and  well-proportioned. 
His  manners  and  address  were  sensibly  improved  by  the  refined 
society  in  which  he  had  appeared  during  that  interval,  and  his 
complexion,  formerly  pale,  had  become  ruddy.  He  was  a  bach- 
elor, and  was  handsomely  arrayed  in  blue  and  buff.  His  coat 
was  single-breasted,  with  a  straight  collar  doubled,  such  as  the 
Methodists  wore  thirty  years  ago ;  and  at  the  wrist  and  on  his 
breast  he  wore  ruffles.  His  hair,  which  was  combed  low  on  his 
forehead  to  conceal  a  baldness  which  appeared  in  early  life,  was 
dressed  with  powder,  and  ended  in  a  long  queue,  the  arrange- 
ment of  which  was  the  chief  trouble  of  the  toilet  of  our  fathers. 
The  moustache,  then  seen  only  on  some  foreign  lip,  was  held  in 
abhorrence,  and  served  to  recall  the  carnage  of  Blackbeard,  who 
had  been  slain  in  the  early  part  of  the  century,  in  the  waters  of 
Carolina,  by  the  gallant  Maynard,  and  whose  name  made  the 
burden  of  the  song  with  which  Mason  and  Wythe  had  been 
scared  to  sleep  in  their  cradles.  Even  the  modest  whisker  was 
rarely  worn  by  eminent  public  men  ;  and  neither  the  moustache 


107  Mr.  Madison  told  Governor  Edward  Coles  that  the  labor  of  writ- 
ing out  the  debates,  added  to  the  confinement  to  which  his  attendance 
in  Convention  subjected  him,  almost  killed  him  ;  but  that  having 
undertaken  the  task,  he  was  determined  to  accomplish  it.  It  is  not 
improbable -that  other  members  made  memoranda ;  but  as  yet  we  have 
nothing  more  than  a  very  respectable  record  from  Chief  Justice  Robert 
Yates,  of  New  York,  who,  however,  withdrew  at  an  early  period  of  the 
session.  I  attempted  to  sketch  the  debates  in  the  Convention  of  1829, 
and  have  saved  a  few  things  which  occurred  in  the  legislative  com- 
mittee ;  but  gave  the  matter  up  when  I  saw  the  full  and  accurate  re- 
ports made  under  the  auspices  of  Mr.  Ritchie.  My  slight  experience 
convinced  me  that  the  task  would  be  incompatible  with  any  partici- 
pation in  society.  It  enhances  our  opinion  of  the  talents  of  Madison, 
when  we  reflect  that  in  addition  to  his  formidable  labor  in  reporting 
and  writing  out  the  proceedings  of  the  Convention,  he  was  able  to  bear 
a  principal  part  in  its  deliberations. 


96  VIRGINIA    CONVENTION    OF    1788. 

nor  the  whisker  was  ever  seen  on  the  face  of  Madison,  Monroe, 
Jefferson  or  Washington.  He  walked  with  a  bouncing  step, 
which  he  adopted  with  a  view  of  adding,  to  his  height,  or  had 
unconsciously  caught  during  his  residence  at  the  North,  and 
which  was  apparent  to  any  one  who  saw  him,  forty  years  later, 
enter  the  parlor  at  Montpellier.  But  what  was  far  more  impor- 
tant than  any  mere  physical  quality,  he  not  only  possessed,  as 
before  observed,  the  faculty  of  debate  in  such  a  degree  that  he 
may  be  said  to  exhaust  every  subject  which  he  discussed  and 
to  leave  nothing  for  his  successors  to  say,  but  a  self-possession, 
acquired  partly  by  conflict  with  able  men,  partly  by  the  con- 
sciousness of  his  strength,  without  which,  in  the  body  in  which 
he  was  now  to  act,  the  finest  powers  would  have  been  of  little 
avail,  and  a  critical  knowledge  of  the  rules  of  deliberative  assem- 
blies. He  was  fortunate  in  another  particular  of  hardly  less  im- 
portance than  the  possession  of  great  powers  ;  he  had  an  inti- 
mate knowledge  of  the  men  to  whom  he  was  opposed,  and 
whose  eloquence  and  authority  would  be  apt  to  silence  an  oppo- 
nent when  felt  for  the  first  time.  He  had  known  Grayson  in 
Congress,  and  had  heard  Henry  in  the  Convention  of  1776,  and 
had  encountered  him  in  the  House  of  Delegates  on  several  grave 
questions  that  arose  during  the  Revolution  and  subsequently. 
With  Mason  also  he  had  served  the  same  apprenticeship,  and 
had  recently  acted  with  him  in  the  General  Convention ;  and  he 
knew  as  well  as  any  man  living  wherein  the  secret  of  the  strength 
of  these  formidable  opponents  lay.  But  with  all  these  advantages 
of  knowledge  and  experience,  of  which  he  availed  himself  during 
the  session  to  the  greatest  extent  and  with  consummate  tact,  he 
had  the  physical  qualities  of  an  orator  in  a  less  degree  than  any 
of  his  great  contemporaries.  His  low  stature  made  it  difficult 
for  him  to  be  seen  from  all  parts  of  the  house;  his  voice  was 
rarely  loud  enough  to  be  heard  throughout  the  hall  ;  and  this 
want  of  size  and  weakness  of  voice  were  the  more  apparent  from 
the  contrast  with  the  appearance  of  Henry,  and  Innes,  and  Ran- 
dolph, who  were  large  men,  and  whose  clarion  notes  were  no 
contemptible  sources  of  their  power.  He  always  rose  to  speak 
as  if  with  a  view  of  expressing  some  thought  that  had  casually 
occurred  to  him,  with  his  hat  in  his  hand,  and  with  his  notes  in 
his  hat ;  and  the  warmest  excitement  of  debate  was  visible  in  him 


VIRGINIA   CONVENTION    OF    1788.  97 

only  by  a  more  or  less  rapid  and  forward  see-saw  motion  of  his 
body.108  Yet  such  was  the  force  of  his  genius  that  one  of  his 
warmest  opponents  in  the  Convention  declared,  years  after  the 
adjournment,  that  he  listened  with  more  delight  to  his  clear  and 
cunning  argumentation  than  to  the  eloquent  and  startling  appeals 
of  Henry ;  and  he  established  a  reputation  in  this  body  which 
was  diffused  throughout  the  State,  and  which  was  the  ground- 
work of  his  subsequent  popularity.  One  quality  which  was  per- 
ceptible in  all  the  great  occasions  of  his  life,  occurring  on  the 
floor  or  in  the  cabinet,  and  which  can  never  be  commended  too 
highly,  was  the  courtesy  and  the  respect  with  which  he  regarded 
the  motives  and  treated  the  arguments  of  the  humblest  as  well 
as  the  ablest  of  his  opponents,  and  which  placed  him  on  a  noble 
vantage  ground  when  he  was  personally  assailed  by  others.109 
He  viewed  an  argument  in  debate,  not  in  respect  of  the 
worth  or  want  of  worth  of  him  who  urged  it,  but  in  respect  of 


108  I  have  often  heard  of  Mr.  Madison's  mode  of  speaking  from  mem- 
bers of  the  Assembly   of   1799.     One  of  those  members,  some  years 
ago,  wrote   a   capital   sketch    of  his   manner,  which    appeared   in  the 
Richmond  Enquirer.     I  am  sorry  that  I  have  mislaid  the  reference  to 
it.     When  the  Enquirer  was  first  published  it  always  contained  an  in- 
dex at  the  close  of  the  year,  and  that  index  was  a  great  help  to  the 
memory.     The  style  of  Mr.  Madison's  speaking  was  well  adapted  to  the 
old  Congress  and  the  General   Convention,  which  were  small  bodies; 
but  he  never  could  have  been  heard  at  any  time  in  the  hall  of  the 
House  of  Delegates.      In  the  Convention  of  1829  he  spoke  once  or 
twice,  but  he  was  inaudible  by  the  members  who  crowded  about  him. 
On  one  occasion  I  remember  John  Randolph  rising  and  advancing  sev- 
eral steps  to  hear  him,  and  holding  his  hand  to  his  ear  for  a  minute  or 
two,  and  then  dropping  his  hand  with  a  look  of  despair. 

109  The  sternest  judge,  before  the  merits  of  Madison  as  a  speaker, 
could  pass  in  review  — one  who  was  the  Ajax  Telamon  of  the  opposite 
party — was  the   late   Chief-Justice  Marshall ;  yet,  towards  the  close  of 
his  life,  being  asked   which  of  the  various  public  speakers  he   had 
heard — and   he  had  heard    all    the    great   orators,  parliamentary   and 
forensic,  of  America— he  considered  the  most  eloquent,  replied  :  '•  Elo- 
quence has  been  defined  to  be  the  art  of  persuasion.     If  it  includes 
persuasion  by  convincing,  Mr.  Madison  was  the  most  eloquent  man  I 
ever  heard."     Rives'  Madison,  II,  612,  note.    As  an  instance  of  the 
courtesy  of  Mr.  Madison,  while  conversing  on  a  very  irritating  theme 
with  the  late  Lord  Jeffery,  who  visited  the  United  States  in  1813,  see 
Lord  Cockburrfs  Life  of  Jeffery ',  I,  179. 


98  VIRGINIA^  CONVENTION    OF    1788. 

its  own  intrinsic  worth.  The  same  sense  of  propriety  which  led 
him  to  respect  the  feelings  and  motives  of  others,  impelled  him 
to  resent  with  stern  severity  any  attack  upon  his  own  ;  and  on 
two  occasions  during  the  session,  when  he  thought  a  reflection 
was  cast  upon  him,  he  demanded  reparation  in  a  tone  that  men- 
aced an  immediate  call  to  the  field.  On  the  present  occasion  he 
saw  that  the  utmost  discretion  was  indispensable,  if  any  conclu- 
sive and  really  valuable  conquest  was  to  be  won  by  the  friends  of 
the  Constitution.  He  could  not  know  that  the  Constitution 
would  be  carried  at  all  ;  and  he  knew  that,  if  it  was,  it  would  be 
carried  in  opposition  to  the  wishes  of  some  of  the  ablest  and 
wisest  men  of  that  age — men  to  whom,  for  more  than  twenty 
years,  Virginia  had  looked  for  guidance  in  war  and  in  peace,  and 
who,  if  they  were  not  sustained  by  a  large  majority  of  the  peo- 
ple, held  in  their  keeping  the  keys  of  the  General  Assembly.  He 
saw  that,  if  a  triumph  worth  enjoying  was  to  be  attained  by  his 
friends,  it  was  to  be  accomplished  by  conciliation  and  forbear- 
ance, not  by  intimidation  or  by  obloquy  ;  and  instead  of  imita- 
ting his  friend  Randolph,  who  could  not  repress  a  spirit  of  sar- 
casm and  defiance  in  answering  the  purely  political  interroga- 
tories of  Henry,  he  addressed  himself  to  the  arguments  of  Mason 
with  the  blandness  with  which  one  friend  in  private  life  would 
seek  to  remove  the  objections  of  another.  He  said  "it  would 
give  him  great  pleasure  to  concur  with  his  honorable  colleague 
on  any  conciliating  plan.  The  clause  to  which  he  alludes  is  only 
explanatory  of  the  proportion  which  representation  and  taxation 
shall  respectively  bear  to  one  another.  The  power  of  laying  di- 
rect taxes  will  be  more  properly  discussed  when  we  come  to  that 
part  of  the  Constitution  which  rests  that  power  in  Congress.  At 
present  I  must  endeavor  to  reconcile  our  proceedings  to  the 
resolution  we  have  taken  by  postponing  the  examination  of  this 
power  till  we  come  properly  to  it.  With  respect  to  converting 
the  Confederation  to  a  complete  consolidation,  I  think  no  such 
consequence  will  follow  from  the  Constitution ;  and  that  with 
more  attention  the  gentleman  will  see  that  he  is  mistaken  ;  and, 
with  respect  to  the  number  of  representatives,  I  reconcile  it  to 
my  mind,  when  I  consider  it  may  be  increased  to  the  proportion 
fixed  ;  and  that,  as  it  may  be  so  increased,  it  shall,  because  it  is 
the  interest  of  those  who  alone  can  prevent  it,  who  are  our  rep- 
resentatives, and  who  depend  on  their  good  behavior  for  re-elec- 


VIRGINIA   CONVENTION    OF    1788.  99 

tion.  Let  me  observe  also  that,  as  far  as  the  number  of  repre- 
sentatives may  seem  to  be  inadequate  to  discharge  their  duty, 
they  will  have  sufficient  information  from  the  laws  of  particular 
States,  from  the  State  legislatures,  from  their  own  experience, 
and  from  a  great  number  of  individuals ;  and  as  to  our  security 
against  them,  I  conceive  that  the  general  limitation  of  their  pow- 
ers, and  the  general  watchfulness  of  the  States,  will  be  a  sufficient 
guard.  As  it  is  now  late,  I  shall  defer  any  further  investigation 
till  a  more  convenient  time." 

When  he  ended,  the  House  rose,  and  Madison  hastened  to  his 
solitary  room  at  the  Swan,  and  wrote  to  Washington  that  Ran- 
dolph had  thrown  himself  fully  in  the  Federal  scale ;  that  Henry 
and  Mason  had  made  3  lame  figure,  and  appeared  to  take  dif- 
ferent and  awkward  grounds  ;  that  the  Federalists  were  elated 
at  their  present  prospects ;  that  he  could  not  speak  certainly  of 
the  result ;  that  Kentucky  was  extremely  tainted,  and  was  sup- 
posed to  be  adverse ;  and  that  every  kind  of  address  was  going 
on  privately  to  work  on  the  local  interests  and  prejudices  of  that 
and  other  quarters.110 

110  Madison  to  Washington,  June  4,  1788,  Writings  of  Washington,  IX, 
370,  note.  Washington  received  the  earliest  intelligence  of  the  pro- 
ceedings of  the  Convention  from  his  friends  in  the  body,  and  commu- 
nicated freely  his  advices  to  his  distant  correspondents.  As  a  specimen 
of  his  reporting  at  second  hand,  I  annex  his  letter  to  John  Jay,  dated 
June  8,  1788  (Ibid.,  373),  in  which  he  gives  the  proceedings  to  the  close 
of  this  day's  session:  "  On  the  day  appointed  for  the  meeting  of  the 
Convention,  a  large  proportion  of  the  members  assembled,  and  unani- 
mously placed  Mr.  Pendleton  in  the  chair.  Having  on  that  and  the 
subsequent  day  chosen  the  rest  of  the  officers,  and  fixed  upon  the 
mode  of  conducting  the  business,  it  was  moved  by  some  one  of  those 
opposed  to  the  Constitution  to  debate  the  whole  by  paragraphs,  with- 
out taking  any  question  until  the  investigation  should  be  completed. 
This  was  as  unexpected  as  acceptable  to  the  Federalists,  and  their 
hearty  acquiescence  seems  to  have  somewhat  startled  the  opposite 
party,  for  fear  they  had  committed  themselves. 

"  Mr.  Nicholas  opened  the  business  by  very  ably  advocating  the  sys- 
tem of  representation.  Mr.  Henry,  in  answer,  went  more  vaguely  into 
the  discussion  of  the  Constitution,  intimating  that  the  Federal  Conven- 
tion had  exceeded  its  powers,  and  that  we  had  been  and  might  be 
happy  under  the  old  Confederation  with  a  few  alterations.  This  called 
up  Governor  Randolph,  who  is  reported  to  have  spoken  with  great 
pathos  in  reply,  and  who  declared  that,  since  so  many  of  the  States  had 


100  VIRGINIA^  CONVENTION    OF    1788. 

Nor  was  Madison  the  only  correspondent  of  Washington  in 
the  Convention.  There  was  a  young  man,  who  had  just  reached 
his  thirtieth  year,  who  had  been  educated  at  William  and  Mary, 
had  made  a  short  tour  in  the  Revolution,  and,  going  to  Phila- 
delphia, had  studied  law  under  Wilson  ;  and  who,  having  settled 
in  Richmond,  devoted  himself  to  his  profession,  and  published 
two  volumes  of  reports,  which  still  preserve  his  name  in  asso- 
ciation with  his  native  State.  He  was  destined  to  distinction  in 
after  life.  He  was  the  nephew  of  Washington,  bore  that  hon- 
ored name,  became  the  heir  of  Mount  Vernon,  and  for  nearly  the 
third  of  a  century  after  his  illustrious  uncle  had  descended  to  the 
tomb  held  a  seat  in  the  Supreme  Court  created  by  the  Consti- 
tution, the  fate  of  which  he  was  about  to  decide.  It  was  from  this 
young  man,  from  Madison,  and  from  other  friends,  that  Wash- 
ington received  as  regular  reports  of  the  proceedings  of  the 
Convention  as  the  postal  facilities  of  that  day  would  convey  ;  and 
he  was  thus  enabled  to  keep  his  friends  in  other  States  well 
instructed  in  the  progress  of  that  great  debate,  which  he  re- 


adopted  the  proposed  Constitution,  he  considered  the  sense  of  America 
to  be  already  taken,  and  that  he  should  give  his  vote  in  favor  of  it 
without  insisting  previously  upon  amendments.  Mr.  Mason  rose  in 
opposition,  and  Mr.  Madison  reserved  himself  to  obviate  the  objections 
of  Mr.  Henry  and  Colonel  Mason  the  next  day.  Thus  the  matter  rested 
when  the  last  accounts  gave  way. 

"  Upon  the  whole,  the  following  inferences  seem  to  have  been  drawn  : 
That  Mr.  Randolph's  declaration  will  have  considerable  effect  with 
those  who  had  hitherto  been  wavering  ;  that  Mr.  Henry  and  Colonel 
Mason  took  different  and  awkward  ground,  and  by  no  means  equaled 
the  public  expectations  in  their  speeches ;  that  the  former  has  receded 
somewhat  from  his  violent  measures  to  coalesce  with  the  latter  ;  and 
that  the  leaders  of  the  opposition  appear  rather  chagrined,  and  hardly 
to  be  decided  as  to  their  mode  of  opposition. 

"  The  sanguine  friends  of  the  Constitution  counted  upon  a  majority 
of  twenty  at  their  first  meeting,  which  number,  they  imagine,  will  be 
greatly  increased ;  while  those  equally  strong  in  their  wishes,  but 
more  temperate  in  their  habits  of  thinking,  speak  less  confidently  of 
the  greatness  of  the  majority,  and  express  apprehension  of  the  acts 
that  may  yet  be  practiced  to  excite  alarms  with  the  members  from  the 
Western  District  (Kentucky)."  It  is  much  to  be  regretted  that  Mr. 
Sparks  did  not  publish  all  the  letters  received  by  Washington  during 
the  session  of  the  Convention.  In  the  absence  of  the  newspapers, 
which  seem  to  have  been  all  lost,  they  would  have  been  important  in 
many  respects. 


VIRGINIA   CONVENTION    OF    1788.  101 

garded  with  an  interest  not  less  intense  than  that  with  which  he 
had  watched  the  tide  of  battle  or  the  issue  of  a  campaign. 

The  morning  of  Thursday,  the  fifth  day  of  June,  witnessed  a 
dense  crowd  in  the  New  Academy.  It  was  expected  that  Madi- 
son would  reply  to  Henry  and  Mason ;  and  that  Henry  and 
Mason,  unrestrained  by  the  order  of  discussion,  would  review 
.the  Constitution  at  large.  Some  business  appertaining  to  con- 
tested elections  was  soon  despatched;  and  Pendleton,  having 
called  Wythe  to  the  chair,  was  helped  to  a  seat  in  the  body  of 
the  house.  There  was  a  pause,  for  the  courtesies  of  parliament 
were  strictly  observed,  and  Madison  was  entitled  to  the  floor. 
But  he  was  nowhere  to  be  seen.  It  was  whispered  that  he  had 
been  taken  suddenly  ill,  and  was  confined  to  his  room.  Every 
eye  was  then  turned  to  Henry  and  Mason,  when,  to  the  amaze- 
ment of  all,  Pendleton  was  seen  to  make  an  effort  to  rise,  and, 
supported  on  crutches,  addressed  the  chair.  Those  who  forty 
years  later,  in  the  Convention  of  1829  beheld  Mr.  Madison,  in 
the  midst  of  an  excited  discussion  rise  from  his  seat,  and  pro- 
ceed to  make  a  speech,  and  can  recall  the  confusion  produced 
by  the  members  hastening  from  their  seats  to  gather  around 
him,  or  leaping  on  the  benches  in  the  hope  of  seeing,  if  they 
could  not  hear,  what  was  passing  before  them,  may  form  some 
conception  of  the  interest  so  suddenly  excited  by  the  appearance 
of  Pendleton  on  the  floor  with  a  view  of  making  a  regular 
speech.  He  had  been  for  the  third  of  a  century  eminent  for 
skill  in  debate,  and  his  fame  had  become  a  matter  of  history ; 
and  he  had  never  before  been  in  a  body  the  discussions  of  which 
were  better  adapted  to  the  display  of  his  extraordinary  talents  ; 
but  he  was  so  far  advanced  in  life,  so  crippled  by  his  hurt,  and 
so  long  absent  from  public  bodies  and  unused  to  debate,  it  was 
not  expected  that  he  would  be  able  to  do  more  than  to  speak  to 
some  point  of  order  or  to  give  his  vote.  He  soon,  however, 
gave  a  remarkable  proof  that  fine  powers  kept  in  full  employ- 
ment do  not  sensibly  decay  with  time,  and  that  he  only  wanted 
physical  strength  to  take  the  lead  out  of  the  hands  of  the  prom- 
ising statesmen  who  had  been  born  and  had  grown  up  since  he 
first  entered  a  deliberative  assembly.  It  is  said  that  some  of  the 
oldest  members,111  as  they  looked  at  the  feeble  old  man  on  his 

111  In  the  Convention  of  1829,  when  Mr.  Monroe  was  conducted  to  the 
chair  by  Mr.  Madison  and  Chief  Justice  Marshall,  several   members 


102  VIRGINIA   CONVENTION    OF    1788. 

feet,  and  at  his  ancient  compeer  Wythe  leaning  forward  in  the 
chair  to  catch  the  tones  of  a  voice  which  for  the  past  thirty  years 
he  had  heard  with  various  emotions,  were  affected  to  tears.  But 
there  was  no  snivelling  or  passion  in  Pendleton  himself.  He 
had  resolved  to  refute  the  arguments  urged  by  Henry  the  day 
before,  and  he  performed  his  task  as  thoroughly  and  as  delib- 
erately, and  very  much  in  the  same  way,  as  he  would  deliver  an 
opinion  upon  the  bench.  On  its  face  the  speech  seems  conclu- 
sive ;  for,  as  like  Nicholas,  he  was  purely  argumentative,  and,  as 
he  dealt  only  with  special  objections,  his  words  are  reported  with 
a  force  and  connection  which  are  altogether  wanting  in  the 
speeches  of  Henry  and  Randolph. 

He  met  the  objection  of  Henry,  that  the  General  Convention 
had  exceeded  its  powers  in  substituting  an  entirely  new  system 
in  the  place  of  the  Confederation  which  they  were  required  to 
amend,  in  the  following  manner  :  "  But  the  power  of  the  Con- 
vention is  doubted.  What  is  the  power  ?  To  propose,  and  not 
to  determine.  This  power  of  proposing  is  very  broad ;  it  ex- 
tended to  remove  all  defects  in  government.  The  members  of 
that  Convention  were  to  consider  all  the  defects  in  our  general 
government ;  they  were  not  confined  to  any  particular  plan. 
Were  they  deceived  ?  This  is  the  proper  question  here.  Sup- 
pose the  paper  on  your  table  dropped  from  one  of  the  planets  ; 
the  people  found  it,  and  sent  us  here  to  consider  whether  it  is 
proper  for  their  adoption.  Must  we  not  obey  them  ?  Then  the 
question  must  be  between  this  Government  and  the  Confedera- 
tion. The  latter  is  no  government  at  all.  It  has  been  said  that 
it  carried  us  through  a  dangerous  war  to  a  happy  issue.  Not 


were  seen  to  weep.  There  are  several  points  of  resemblance  in  the 
incidents  of  the  two  bodies.  Pendleton,  speaking  on  his  crutches, 
recalls  William  B.  Giles,  who  had  broken  a  leg  by  a  similar  accident, 
[his  descendants  say  that  he  was  disabled  by  rheumatism— ED.]  and  was 
only  a  year  or  two  younger  than  Pendleton.  The  change  in  the 
opinions  of  Edmund  Randolph  has  its  counterpart  in  the  change  attribu- 
ted to  Chapman  Johnson  ;  and  the  collision  between  Patrick  Henry  and 
Edmund  Randolph  was  repeated  in  that  between  Chapman  Johnson 
and  John  Randolph.  The  election  of  Pendleton  instead  of  Wythe, 
who  was  the  more  popular  of  the  two,  is  reflected  in  the  election  of 
Monroe  instead  of  Madison,  who  was  universally  fixed  upon  both  in 
and  out  of  the  Convention  as  its  presiding  officer,  and  who  alone  could 
have  defeated  his  election,  which  he  did  by  instantly  rising  when  the 
body  was  called  to  order  and  nominating  Mr.  Monroe. 


VIRGINIA   CONVENTION    OF    1788.  103 

that  Confederation,  but  common  danger  and  the  spirit  of  Amer- 
ica were  the  bonds  of  our  union.  Union  and  unanimity,  and  not 
that  insignificant  paper,  carried  us  through  that  dangerous  war. 
'United  we  stand;  divided  we  fall,'  echoed  and  re-echoed 
through  America,  from  Congress  to  the  drunken  carpenter,  was 
effectual,  and  procured  the  end  of  our  wishes,  though  now  forgot 
by  gentlemen,  if  such  there  be,  who  incline  to  let  go  this  strong 
hold  to  catch  at  feathers — for  such  all  substituted  projects  may 
prove." 

He  also  met  the  objection  of  Henry,  to  the  words  in  the  pre- 
amble of  the  Constitution,  ;'  We,  the  people,"  in  this  wise  :  "An 
objection  is  made  to  the  form.  The  expression,  '  We,  the  peo- 
ple,' is  thought  improper.  Permit  me  to  ask  the  gentleman  who 
made  this  objection,  who  but  the  people  can  delegate  powers  ? 
Who  but  the  people  have  a  right  to  form  government  ?  The 
expression  is  a  common  one,  and  a  favorite  one  with  me.  The 
representatives  of  the  people,  by  their  authority,  is  a  mode 
wholly  inessential.  If  the  objection  be  that  the  union  ought  to 
be  not  of  the  people,  but  of  the  State  Governments,  then  I  think 
the  choice  of  the  former  very  happy  and  proper.  What  have 
the  State  Governments  to  do  with  it  ?  Were  they  to  determine, 
the  people  would  not,  in  that  case,  be  the  judges  upon  what 
terms  it  was  adopted." 

In  allusion  to  the  fears  expressed  by  Henry,  of  the  loss  of  lib- 
erty under  a  particular  form  of  Government,  he  thus  expressed 
his  views  of  the  nature  of  Government,  and  the  mode  of  relief  in 
the  event  of  maladministration :  "  Happiness  and  security  can- 
not be  attained  without  Government.  What  was  it  that  brought 
us  from  a  state  of  nature  to  society  but  to  secure  happiness  ? 
Personify  Government  ;  apply  to  it  as  to  a  friend  to  assist  you, 
and  it  will  grant  your  request.  This  is  the  only  Government 
founded  on  real  compact.  There  is  no  quarrel  between  Govern- 
ment and  Liberty ;  the,  former  is  the  shield  and  protector  of  the 
latter.  The  war  is  between  Government  and  licentiousness,  fac- 
tion, turbulence,  and  other  violations  of  the  rule  of  society  to 
preserve  liberty.  Where  is  the  cause  of  alarm  ?  We,  the  peo- 
ple, possessing  all  power,  form  a  Government  such  as  we  think 
will  secure  happiness  ;  and  suppose  in  adopting  this  plan  we 
shall  be  mistaken  in  the  end,  where  is  the  cause  of  alarm  on  that 
quarter?  In  the  same  plan  we  point  out  an  easy  and  quiet 


104  VIRGINIA    CONVENTION    OF    1788. 

method  of  reforming  what  may  be  found  amiss.  No;  but  say, 
gentlemen,  we  have  put  the  introduction  of  that  method  in  the 
hands  of  our  servants,  who  will  interrupt  it  from  motives  of  self- 
interest.  What  then  ?  We  will  resist,  did  my  friend  say,  con- 
veying an  idea  of  .force?  Who  shall  dare  to  resist  the  people  ? 
No ;  we  will  assemble  in  Convention,  wholly  recall  our  dele- 
gated powers™  or  reform  them  so  as  to  prevent  such  an  abuse; 
and  punish  those  servants  who  have  perverted  powers  designed 
for  our  happiness  to  their  own  emolument.  We  should  be  ex- 
tremely cautious  not  to  be  drawn  into  dispute  with  regular  Gov- 
ernment by  faction  and  turbulence,  its  natural  enemies.  Here, 
then,  there  is  no  cause  of  alarm  on  this  side ;  but  on  the  other 
side,  rejecting  of  Government  and  dissolving  of  the  Union,  pro- 
duce confusion  and  despotism." 

Before  taking  his  seat,  he  said  he  was  of  no  party,  nor  actu- 
ated by  any  influence  but  the  true  interest  and  real  happiness  of 
those  whom  he  represented ;  that  his  age  and  situation,  he  trusted, 
would  sufficiently  demonstrate  the  truth  of  his  assertion,  and  that 
he  was  perfectly  satisfied  with  this  part  of  the  system. 

This  was  a  characteristic  effort  of  the  venerable  President. 
Meagre  as  the  report  is,  we  know  from  the  report  itself,  as  well 
as  from  tradition,  that  it  was  able  and  effective  ;  and  it  displays 
not  only  the  skill  of  the  lawyer,  but  that  familiarity  with  public 
bodies  which  places  a  speaker  abreast  of  his  audience,  and  en- 
ables a  wary  debater  to  strike  the  level  of  the  general  mind.  As 
far  as  Pendleton  saw — and  on  strictly  legal  questions  he  saw  all 
the  way — no  man  saw  more  clearly ;  but  his  range  of  political 
vision  was  limited  ;  and  his  speech  is  the  speech  rather  of  a  great 
lawyer  than  of  a  great  statesman.  While  he  affirmed  in  the 
strongest  manner  the  right  of  the  people  of  Virginia,  in  Conven- 


12  This  opinion,  which  at  that  day  was  deemed  a  truism,  let  it  be  re- 
membered, was  uttered  by  an  old  man  verging  to  seventy,  who  had 
been  the  leader  of  the  conservative  party  of  the  Colony  and  of  the 
Commonwealth  for  forty  years.  If  such  a  man  so  thought,  what  might 
be  expected  from  the  younger  members,  three-fourths  of  whom  had 
actually  drawn  the  sword,  and  one-fourth  of  whom  had  held  the  high- 
est civil  offices,  in  the  great  Rebellion  of  1776?  When  Henry  touched 
upon  this  point  in  his  reply  to  Pendleton,  he  admitted  it,  of  course, 
urged  with  that  sound,  practical  sense  which  was  his  polar  star  in  poli- 
tics, that,  if  the  power  of  the  purse  and  the  sword  were  surrendered, 
the  State  would  have  no  power  to  enforce  its  action. 


VIRGINIA    CONVENTION    OF    1788.  105 

tion  assembled,  to  recall  their  delegated  powers  at  will,  he  did 
not  see,  or  failed  to  recognize,  the  distinction  between  the  people 
of  the  United  States  and  the  States  so  pointedly  drawn  by  Henry, 
and  the  bounden  duty  of  representatives  charged  with  a  public 
trust  of  performing  it  according  to  the  letter  of  their  instructions 
and  the  obvious  wishes  of  their  constituents.  He  did  not  see 
that  the  example  of  such  a  body  as  the  General  Federal  Con- 
vention, at  so  early  a  period  in  the  history  of  free  systems,  if 
unchecked  and  uncondemned,  would  take  away  from  posterity 
all  hope  of  a  limited  Convention,  and  that,  when  a  Convention  is 
called  to  amend  a  specific  system,  it  may  destroy  that  system  en- 
tirely, and  introduce  even  a  monarchy  in  its  stead,  and  be  free 
from  the  blame  or  censure  of  those  whom  they  have  betrayed. 
It  is  not  enough  to  say  that  the  people  may  adopt  or  reject  the 
new  scheme  at  pleasure.  That  scheme,  ushered  under  the  sanc- 
tion of  able  and  honorable  men,  and  sustained  by  august  names 
and  an  extrinsic  authority,  is  a  power  in  itself;  and  it  is  unjust 
to  impose  upon  the  people  the  risk  of  a  battle  which  they  did 
not  seek,  and  which,  by  the  intrigues,  of  a  wealthy  and  unscru- 
pulous minority,  they  may  lose. 

We  may  well  imagine  the  feelings  with  which  Henry  listened 
to  this  sophistical,  though  apparently  conclusive,  answer  to  his 
speech  of  the  previous  day.  In  all  the  great  conjunctures  of  our 
history,  in  which  he  had  borne  a  conspicuous  part,  he  had  been 
opposed  by  Pendleton.  In  the  House  of  Burgesses,  in  the  de- 
bate on  his  own  resolutions  against  the  Stamp  Act ;  and  on  the 
bill  separating  the  office  of  treasurer  from  that  of  the  speaker, 
the  success  of  which  had  been  hailed  as  a  triumph  by  the  peo- 
ple ;  on  the  resolutions  of  the  March  Convention  of  1775,  put- 
ting the  Colony  into  a  posture  of  defence ;  and  on  nearly  all  the 
dividing  questions  in  the  Conventions  and  in  the  House  of  Dele- 
getes,  that  old  man,  then  in  the  meridian  of  his  strength,  and 
now  in  his  decline,  had  opposed  him  with  untiring  zeal,  and 
made  victory  itself  little  more  than  a  drawn  battle.  There  were 
other  recollections  which  might  have  flashed  across  the  mind  of 
the  husband  and  the  father.  When,  young  and  poorly  clad,  and 
ruined  in  fortune,  with  a  wife  and  children  looking  to  him  for 
daily  bread,  he  had  ventured,  under  the  unconscious  impulse, 
perhaps,  of  that  genius  which  was  in  a  few  short  years  to  invest 
his  humble  name  and  the  name  of  his  country  with  unfading  lus- 


106  VIRGINIA^  CONVENTION    OF    1788. 

tro,  as  a  last  resort  to  seek  a  license  to  practice  law,  with  the 
hope  of  gathering,  in  the  suburbs  of  a  proud  profession,  a  scanty 
support  for  his  family,  he  had  applied  to  Pendleton  for  his  sig- 
nature, and  had  been  denied  so  humble  a  boon — a  boon  which, 
though  refused  by  a  man  who,  like  himself,  had  sprung  from  the 
people,  was  promptly  granted  by  the  generous  Randolphs,  whose 
blood  could  be  traced  in  the  veins  of  men  whose  career  in  British 
annals  was  to  be  measured  by  centuries. 

Therefore,  the  cause  which  Henry  had  upheld  was  successful. 
Was  his  star  to  decline  now  when  he  believed  that  he  was  en- 
gaged in  a  cause  in  comparison  with  which  his  other  contests 
seemed  unimportant,  and  when  the  liberties  of  his  country  were 
at  stake  ?  Some  such  thoughts  may  have  occurred  to  him  as  he 
rose  to  make  one  of  the  greatest  exhibitions  of  his  genius  which 
his  compeers  had  ever  witnessed,  and  which,  though  in  a  muti- 
lated form,  has  come  down  to  us  in  the  pages  of  Robertson. 

He  was  anticipated,  however,  by  Henry  Lee,  who,  rising  near 
the  chairman,  caught  his  eye,  and  proceeded  to  address  the 
House.  This  remarkable  young  man,  now  in  his  thirty-second 
year,  was  excelled  by  none  of  his  contemporaries,  with  the  ex- 
ception of  Hamilton,  who  was  his  junior  by  a  single  year,  if 
indeed  excelled  by  him,  in  the  display  from  the  beginning  to  the 
close  of  the  war  of  the  highest  qualities  in  the  field,  and  in  his 
subsequent  position  in  the  legislature  of  his  native  State  and  in 
the  Congress.113  His  brilliant  achievements  in  war  had  con- 
ferred upon  a  patronymic  known  for  more  than  a  hundred  years 
in  the  councils  of  the  Colony  a  fresh  and  peculiar  honor,  the 
splendor  of  which  was  rather  enhanced  than  diminished  by  the 
exhibition  of  those  eminent  endowments  which  his  kinsmen 
during  the  Revolution  had  exerted  in  civil  life.  He  had  taken 
his  degree  in  the  college  of  New  jersev  in  1773,  when  he  had 
reached  his  seventeenth  year,  entering  that  institution  as  Madi- 
son was  about  to  leave  it,  and  received  the  instruction  of  Wither- 
spoon,  whose  distinctive  praise  it  was  not  only  to  have  signed 
with  his  own  hand  the  Declaration  of  Independence,  but  to  have 
trained  a  band  of  young  men  who  nobly  sustained  that  instru- 


13  It  may  be  worth  noting  that  our  fathers  always  spoke  of  the  Con- 
gress as  we  speak  of  the  Congress  of  Verona,  or  Vienna,  a  fact  not 
without  political  significance. 


VIRGINIA   CONVENTION    OF    1788.  107 

ment  in  the  field  and  in  the  cabinet,  and  whose  genius  ruled  in 
the  deliberations  of  the  Union  from  the  end  of  the  war  until 
nearly  the  middle  of  the  present  century.  In  1776,  he  was 
elected  an  ensign  in  one  of  the  Virginia  regiments,  and  was  soon 
promoted  by  Governor  Henry  to  a  troop  of  horse  ;  and  having 
soon  been  transferred  to  the  North,  developed  qualities  which 
attracted  the  commander-in-chief,  who  in  due  time  despatched 
him  with  a  separate  command  to  the  South.  The  skill,  gallantry 
and  success  with  which  he  led  his  corps  amid  the  complicated 
embarrassments  of  a  long  and  predatory  war  in  a  sickly  and 
inhospitable  country,  have  not  only  made  his  own  name  immor- 
tal, but  invested  the  name  of  his  legion  with  the  dignity  of  a 
household  word  of  the  Revolution.  His  soldiers  were  hailed 
with  the  most  flattering  name.  The  legion  was  called  the  right 
hand  of  Greene.  It  was  the  eye  of  the  army  of  the  South.  On 
that  great  occasion,  when,  on  the  evacuation  of  Charleston  by 
the  British,  whose  outstretched  canvas,  spread  upon  innumerable 
spars,  was  seen  in  the  distant  offing  seeking  the  Atlantic,  Lee, 
at  the  head  of  his  gallant  corps,  constituting,  as  a  mark  of  valor, 
the  van  of  the  army  of  Greene,  was  the  first  to  enter  the  lovely 
city  of  the  South.114  His  reputation,  which  had  culminated 
during  his  Southern  campaigns,  was  regarded  as  the  property  of 
Georgia,  South  Carolina  and  North  Carolina,  as  well  as  of  Vir- 
ginia; and  each  of  those  States  would  have  been  proud  to  offer 
him,  in  common  with  his  illustrious  commander,  a  home  within 
her  territory.  Returning  to  his  patrimonial  estate,  he  entered 
the  General  Assembly,  and  in  1785  he  was  elected  a  member  of 
the  Congress  of  the  Confederation,  and  was  present  during  the 
discussion  of  the  most  momentous  Southern  question  that  oc- 
curred in  that  body.  Of  his  course  on  that  occasion  we  shall 
treat  in  another  place.  His  delight,  however,  was  in  arms  ;  and 
when  the  French  Revolution  broke  out,  and  France,  our  old 
ally,  was  beset  by  the  combined  powers  of  Europe,  he  wished  to 
offer  his  sword  to  the  young  republic,  but  was  dissuaded  from 
his  purpose  by  his  friends.  As  a  soldier,  he  enjoyed  the  unlim- 
ted  confidence,  respect  and  esteem  of  Washington,  and  he  recip- 
rocated the  attachment  with  an  affection  which  was  perceptible 
in  his  entire  political  career.  When  the  death  of.  his  illustrious 


114  Written  in  1857.     1866— alas  ! 


108  VIRGINIA   CONVENTION    OF    1788. 

friend  was  announced  to  Congress,  the  resolutions  which  were 
adopted  by  the  body,  though  offered  by  the  hand  of  another, 
were  from  his  pen  ;  and  in  the  presence  of  both  houses  he  pro- 
nounced the  funeral  oration  of  the  man  whom  he  justly  called 
"  first  in  war,  first  in  peace,  and  first  in  the  hearts  of  his  fellow- 
citizens."  Ten  years  later  he  won  a  victory,  not  achieved  in  the 
field  over  prostrate  foes,  but  in  the  closet — the  fairest  and  most 
unfading  of  all  his  honors — in  recording  with  uncommon  grace 
the  events  of  the  war  in  the  South.  Writing  in  the  shadows  of 
a  prison,  within  the  bounds  of  which  he  had  been  committed  for 
debt,  oppressed  with  pecuniary  responsibilities  which  he  was 
unable  to  meet,  anxious  to  provide  for  approaching  old  age,  and 
distant  from  those  records  without  which  an  accurate  and  full 
history  could  not  be  written,115  we  kriow  what  his  indomitable 
spirit  achieved  ;  but  what  he  would  have  done  in  the  enjoyment 
of  honorable  repose,  surrounded  by  admiring  friends,  in  close 
communion  with  his  surviving  compeers,  whose  recollections 
might  have  corrected  and  refreshed  his  own,  and  with  the  affec- 
tionate and  approving  eye  of  the  South  watching  and  cheering 
him  in  the  progress  of  the  history  of  the  war  of  her  deliverance, 
what  animated  scenes  he  would  have  portrayed,  now  vanished 
forever,  how  many  heroic  deeds  he  would  have  recorded,  never 
to  be  heard  of  more,  we  can  only  deplore  that  now  we  can  never 
know.  The  deep  gloom  of  his  latter  life  was  in  sad  contrast  with 
the  splendor  of  its  dawn.  The  brutal  treatment  which  he  re- 
ceived in  the  city  of  Baltimore  from  a  ruthless  banditti  on  an 
occasion  which  involved  no  personal  interest  of  his  own,  but  into 
which  he  was  led  by  the  generous  impulse  of  friendship,  while 
it  inflicted  bodily  wounds,  from  the  effects  of  which  he  never 
recovered,  was  yet  more  revolting  to  the  sensibilities  of  a  gen- 
tleman, a  scholar,  a  soldier,  and  a  patriot;  and  after  a  brief 
sojourn  in  the  West  Indies,  whither  he  had  gone  in  the  vain 
hope  of  restoring  his  shattered  system,  calling  at  the  residence 
of  his  old  commander  in  the  Southern  war,  who  had  departed 
before  him,  but  whose  hospitable  mansion  was  yet  renowned  for 
the  cordiality  of  that  welcome  which  his  daughter  extended  to 
the  friends  of  her  honored  sire,  he  there  breathed  his  last.  A 


115  If  he  could  have  consulted  Washington's  letters  and  papers,  and 
especially  his  own  letters  in  the  cabinet  of  Mount  Vernon,  he  would 
have  been  saved  from  some  great  mistakes. 


VIRGINIA    CONVENTION    OF    1788.  109 

gleam  of  that  military  pageantry  so  familiar  to  his  early  years 
shone  at  his  grave.  His  pall,  borne  by  six  officers  of  the  army 
and  navy  along  the  line  of  soldiers  and  sailors  who  were  then 
engaged  in  the  public  service  at  St.  Mary's,  was  conveyed  to  the 
place  of  interment,  and  was  buried  with  the  honors  of  war.116 

But  when  he  now  rose  in  the  vigor  of  manhood  to  reply  to 
Henry,  the  spectator  would  easily  believe  that  the  highest  honors 
of  the  new  system,  in  the  event  of  its  adoption,  would  be  within 
his  reach.  From  his  childhood  a  noble  ambition  animated  his 
bosom.  He  knew  that  his  ancestors  had  time  immemorial  filled 
many  prominent  posts  in  the  Colony,  and  had  heard  the  tradi- 
tion that  the  house  which  sheltered  him  in  his  infancy,  and  which, 
abounding  in  historic  associations,  is  still  to  be  seen  by  the  trav- 
eller as  he  winds  his  solitary  way  through  the  county  of  West- 
moreland, had  been  reared  by  the  munificence  of  a  British  queen. 
He  had  already  secured  an  honorable  fame  in  the  field ;  and  in 
the  Congress  of  the  Confederation  he  had  gained  some  experi- 
ence in  civil  affairs.  Looking  forward  with  the  prophetic  cast 
of  genius,  he  clearly  saw  that  there  were  questions  in  our  civil 
affairs  which  in  a  few  years  must  be  decided,  if  decided  at  all, 
by  the  sword,  and  that  a  vigorous  and  self-sustaining  govern- 
ment, by  whatever  name  it  might  be  called,  was  an  element 
almost  indispensable  to  complete  success.  It  was  impossible 
that  a  large  and  warlike  population  of  savages,  hovering  like 
vultures  on  three  sides  of  the  Confederacy,  daily  excited  by  the 
aggressive  progress  of  the  white  settler,  and  fostered  by  the  wiles 


116  General  Lee  died  at  Dungeness  House,  the  property  of  the  daugh- 
ter of  General  Nathaniel  Greene,  on  the  evening  of  the  25th  of  March, 
1818.  When  he  arrived  there  from  the  West  Indies,  he  brought  with 
him  a  number  of  papers  in  barrels,  and  it  was  thought  that  he  was 
engaged  in  writing  a  history  of  the  United  States.  If  these  papers 
could  be  found,  they  might  throw  light  on  several  subjects  of  the  war 
of  the  Revolution.  See  in  the  Appendix  an  extract  from  an  interesting 
letter  of  a  lady  giving  an  account  of  the  funeral  of  the  General,  at 
which  she  was  present.  There  is  no  separate  memoir  of  Lee  that  I 
know  of;  but  the  reader  will  find  in  the  latest  edition  of  the  letter  of 
his  son  Henry  on  Mr.  Jefferson's  books  some  authentic  details,  as  also 
in  a  memoir  prefixed  to  an  edition  of  Lee's  Memoirs,  which  was  writ- 
ten by  his  son  Charles  C.  Lee,  Esq.  [There  is  a  "Life  of  General  Henry 
Lee  "  prefixed  to  the  third  edition  of  his  Memoirs  of  the  War,  8vo,  1870. 
Edited  ostensibly  by  his  illustrious  son,  Robert  E.  Lee — ED.] 


110  VIRGINIA    CONVENTION    OF    1788. 

of  a  great  military  nation  which  held  our  frontier  posts  in  the 
face  of  a  solemn  treaty,  could  long  be  kept  down,  and  that  he 
might  gather  new  laurels  in  a  familiar  sphere.117  And  if  peace, 
contrary  to  present  appearances,  should  prevail,  there  were  pros- 
pects of  a  civil  career  under  the  new  system  such  as  the  old 
Confederation,  however  modified,  was  not  likely  to  afford.  A 
long  and  prosperous  course  seemed  to  lie  before  him  ;  and,  as  he 
was  a  scholar  as  well  as  a  politician,  there  was  a  vision  of  a  se- 
rene and  honored  old  age,  in  which  he  might  imitate  Xenophon 
an  Caesar,  and  record  his  history  for  the  eye  of  future  ages. 

His  external  appearance  was  in  unison  with  his  intellectual 
character.  His  stature  approached  six  feet  ;  the  expression  of 
his  handsome  face  was  bland  and  captivating  ;  his  voice,  which 
had  been  trained  in  war,  and  had  often  been  heard  in  battle  amid 
the  clangor  of  charging  horsemen,  was  full  and  clear,  and  evi- 
dently modulated  in  the  closet,  made  a  most  favorable  impres- 
sion upon  his  audiences.  But  he  was  a  partisan  in  the  Senate  as 
well  as  in  the  camp  ;  and,  as  he  knew  the  result  of  a  panic 
among  soldiers  in  the  beginning  of  a  fight,  and  saw  the  effect  of 
Henry's  first  speech  on  the  House,  he  sought  to  rally  the  mem- 
bers by  a  bold  attack  upon  his  most  formidable  opponent.  With 
this  view  he  assailed  Henry  with  a  vehemence  which  few  of  his 
seniors  would  have  dared  to  use  :  "  I  feel  every  power  of  my 
mind,"  he  said,  "moved  by  the  language  of  the  honorable  gen- 
tleman yesterday.  The  eclat  and  brilliancy  which  have  distin- 
guished that  gentleman,  the  honors  by  which  he  has  been  digni- 
fied, and  the  talents  which  he  has  so  often  displayed,  have 
attracted  my  respect  and  attention.  On  so  important  an  occa- 
sion, and  before  so  respectable  a  body,  I  expected  a  new  display 
of  his  powers  of  oratory  ;  but,  instead  of  proceeding  to  investi- 
gate the  merits  of  the  new  plan  of  government,  the  worthy 
character  informed  us  of  horrors  which  he  felt,  of  apprehensions 
in  his  mind,  which  made  him  tremblingly  fearful  of  the  fate  of 
the  Commonwealth.  Was  it  proper,  Mr.  Chairman,  to  appea 
to  the  fear  of  this  House?  I  trust  that  he  is  come  to  judge,  and 
not  to  alarm.  I  trust  that  he,  and  every  other  gentleman  in  this 


117  The  fear  of  Indian  hostilities  controlled  the  vote  of  the  Valley  of 
Virginia  in  favor  of  the  Constitution  ;  and  the  fate  of  Harman  and  St. 
Clair,  and  the  battles  of  Wayne,  very  soon  justified  these  apprehen- 


VIRGINIA    CONVENTION    OF    1788.  Ill 

house,  comes  with  a  firm  resolution  coolly  and  calmly  to  exam- 
ine, and  fairly  and  impartially  to  determine.  He  was  pleased  to 
pass  an  eulogium  on  that  character  who  is  the  pride  of  peace 
and  the  support  of  war,  and  declared  that,  even  from  him,  he 
would  require  the  reason  of  proposing  such  a  system.  I  cannot 
see  the  propriety  of  mentioning  that  illustrious  character  on  this 
occasion  ;  we  must  all  be  fully  impressed  with  a  conviction  of  his 
extreme  rectitude  of  conduct.  But,  sir,  this  system  is  to  be  ex- 
amined on  its  own  merits.  He  then  adverted  to  the  style  of  the 
government,  and  asked  what  authority  they  had  to  use  the  ex- 
pression 'We,  the  people'  instead  of  'We,  the  States.'  This 
expression  was  introduced  into  that  paper  with  great  propriety  ; 
this  system  is  submitted  to  the  people  for  their  consideration, 
because  on  them  it  is  to  operate  if  adopted.  It  is  not  binding 
upon  the  people  until  it  becomes  their  act.  It  is  now  submitted 
to  the  people  of  Virginia.  If  we  do  not  adopt  it,  it  will  always 
be  null  and  void  to  us.  Suppose  it  was  found  proper  for  our 
adoption,  in  becoming  the  government  of  the  people  of  Virginia, 
by  what  style  should  it  be  done  ?  Ought  we  not  to  make  use  of 
the  name  of  the  people?  No  other  style  would  be  proper." 
He  then  spoke  of  the  characters  of  the  men  who  framed  the  Con- 
stitution, and  continued:  "This  question  was  inapplicable, 
strange,  and  unexpected  ;  it  was  a  more  proper  inquiry  whether 
such  evils  existed  as  rendered  necessary  a  change  of  govern- 
ment. This  necessity  is  evidenced  by  the  concurrent  testimony 
of  almost  all  America.  The  legislative  acts  of  different  States 
avow  it.  It  is  acknowledged  by  the  acts  of  this  State ;  under 
such  an  act  we  are  here  now  assembled.  If  reference-to  the 
Acts  of  Assembly  will  not  sufficiently  convince  him  of  this  ne- 
cessity, let  him  go  to  our  seaports — let  him  see  our  commerce 
languishing — not  an  American  bottom  to  be  seen.  Let  him  ask 
the  price  of  land  and  of  produce  in  different  parts  of  the  coun- 
try ;  to  what  shall  we  ascribe  the  very  low  prices  of  these  ?  To 
what  cause  are  we  to  attribute  the  decrease  of  population  and 
industry  ?118  and  the  impossibility  of  employing  our  tradesmen 

118  It  is  to  be  regretted  that  the  speaker  did  not  specify  some  fact  in 
proof  of  his  assertions.  Even  Edmund  Randolph  spoke  of  the  popu- 
lation flowing  into  Virginia.  The  truth  is  that  Lee  represented  the 
landed  interest  of  a  particular  section  which  had  lost  slaves,  carried  off 
by  the  enemy,  and  all  its  investments  in  bonds  and  securities,  which 


112  VIRGINIA    CONVENTION    OF    1788. 

and  mechanics  ?  To  what  cause  will  the  gentleman  impute  these 
and  a  thousand  other  misfortunes  our  people  labor  under? 
These,  sir,  are  owing  to  the  imbecility  of  the  Confederation — to 
that  defective  system  which  never  can  make  us  happy  at  home 
nor  respectable  abroad.  The  gentleman  sate  down  as  he  began, 
leaving  us  to  ruminate  on  the  horrors  which  he  opened  with. 
Although  I  could  trust  to  the  argument  of  the  gentlemen  who 
spoke  yesterday  in  favor  of  the  plan,  permit  me  to  make  one 
observation  on  the  weight  of  our  representatives  in  the  Govern- 
ment. If  the  House  of  Commons  in  England,  possessing  less 
power,  are  now  able  to  withstand  the  power  of  the  Crown ;  if 
that  House  of  Commons,  which  has  been  undermined  by  cor- 
ruption in  every  age,  with  far  less  power  than  our  representatives 
posses,  is  still  able  to  contend  with  the  executive  of  that  country, 
what  danger  have  we  to  fear  that  our  representatives  cannot  suc- 
cessfully oppose  the  encroachments  of  the  other  branches  of  the 
Government?  Let  it  be  remembered  that  in  the  year  1782  the 
East  India  bill  was  brought  into  the  House  of  Commons. 
Although  the  members  of  that  House  are  only  elected  in  part 
by  the  landed  interest,  that  bill  was  carried  in  the  House  by  a 
majority  of  one  hundred  and  thirty,  and  the  king  was  obliged  to 
dissolve  the  Parliament  to  prevent  its  effect.  If,  then,  the  House 
of  Commons  was  so  powerful,  no  danger  can  be  apprehended 
that  our  House  of  Representatives  is  not  amply  able  to  protect 
our  liberties.  I  trust  that  this  representation  is  sufficient  to  se- 
cure our  happiness,  and  that  we  may  fairly  congratulate  our- 
selves on  the  superiority  of  our  Government  to  that  I  just 
referred  to." 

had  been  paid  off  in  depreciated  currency  during  the  war.  As  for  the 
price  of  lands,  those  in  Westmoreland  and  that  section  had  been  culti- 
vated for  more  than  a  century  without  domestic  or  foreign  manures, 
and  all  the  lands  of  the  Piedmont  country,  to  say  nothing  of  Kentucky, 
could  be  purchased  on  moderate  terms,  at  a  time  when  the  money 
flowing  in  from  abroad,  to  fill  the  vacuum  made  by  the  Revolution,  had 
only  begun  to  diffuse  itself  through  the  ordinary  channels  of  trade. 
The  lands  in  Westmoreland,  even,  would  have  brought  as  good  prices 
at  that  time  as  they  would  have  done  when  the  new  government  had 
been  in  operation  half  a  century.  The  great  and  innumerable  facts  of 
a  prosperous  period  gradually  succeeding  a  state  of  depression  pass 
unheeded  by  a  common  observer ;  while  some  specific  grievance, 
which,  when  properly  explained,  is  no  grievance  at  all,  looms  in  gigan- 
tic proportions. 


VIRGINIA   CONVENTION   OF    1788.  113 

Henry,  who  was  always  placable,  and  showed  through  a  long 
life  an  indisposition  to  engage  in  personal  controversies,  and 
who  was  well  aware  that  clever  young  men,  speaking  under  the 
excitement  of  the  floor,  were  prone  to  utter  what  in  their  calmer 
moments  they  would  be  the  first  to  condemn,  now  rose,  and  after 
a  slight  recognition  of  the  compliment  which  Lee  paid  to  his 
genius,  passed  at  once  to  the  discussion  of  his  subject :  "  I  am  not 
free  from  suspicion,"  he  said;  "  I  am  apt  to  entertain  doubts.  I 
rose  yesterday  to  ask  a  question  which  arose  in  my  mind. 
When  I  asked  that  question,  I  thought  the  meaning  of  my  inter- 
rogation obvious ;  the  fate  of  this  question  and  America  may 
depend  on  this.  Have  they  said,  '  We,  the  States '  ?  Have 
they  made  a  proposal  of  a  compact  between  States?  If  they 
had,  this  would  be  a  confederation.  It  is  otherwise  most  clearly 
a  consolidated  government.  The  question  turns,  sir,  on  that 
poor  little  thing — the  expression,  '  We,  the  people,'  instead  of 
the  States  of  America.  I  need  not  take  much  pains  to  show  that 
the  principles  of  this  system  are  extremely  pernicious,  impolitic, 
and  dangerous.  Is  this  a  monarchy  like  England — a  compact 
between  prince  and  people,  with  checks  on  the  former  to  secure 
the  liberty  of  the  latter  ?  Is  this  a  confederacy  like  Holland,  an 
association  of  a  number  of  independent  States,  each  of  which 
retains  its  individual  sovereignty?  It  is  not  a  democracy, 
wherein  the  people  retain  all  their  rights  securely.  Had  these 
principles  been  adhered  to,  we  should  not  have  been  brought  to 
this  alarming  transition  from  a  confederacy  to  a  consolidated 
government.  We  have  no  detail  of  those  great  considerations, 
which,  in  my  opinion,  ought  to  have  abounded,  before  we  should 
recur  to  a  government  of  this  kind.  Here  is  a  resolution  as 
radical  as  that  which  separated  us  from  Great  Britain.  It  is  as 
radical,  if  in  this  transition  our  rights  and  privileges  are  endan- 
gered and  the  sovereignty  of  the  States  be  relinquished  ;  and 
cannot  we  see  that  this  is  actually  the  case  ?  The  rights  of  con- 
science, trial  by  jury,  liberty  of  the  press,  all  your  immunities 
and  franchises,  all  pretensions  to  human  rights  and  privileges, 
are  rendered  insecure,  if  not  lost,  by  this  change  so  loudly  talked 
of  by  some,  and  inconsiderately  by  others.  Is  this  tame  relin- 
quishment  of  right  worthy  of  freemen  ?  Is  it  worthy  of  that 
manly  fortitude  that  ought  to  characterize  republicans  ? 

"It  is  said  that  eight  States  have  adopted  this  plan.     I  declare 


114  VIRGINIA   CONVENTION   OF    1788. 

that,  if  twelve  States  and  a  half  had  adopted  it,  I  would  with  manly 
firmness,  and  in  spite  of  an  erring  world,  reject  it.  You  are  not 
to  inquire  how  your  trade  may  be  increased,  nor  how  you  are 
to  become  a  great  and  powerful  people ;  but  how  your  liberties 
can  be  secured,  for  liberty  ought  to  be  the  direct  end  of  your 
government.  Having  premised  these  things,  I  shall,  with  the 
aid  of  my  judgment  and  information,  which,  I  confess,  are  not 
extensive,  go  into  the  discussion  of  this  system  more  minutely. 
Is  it  necessary  for  your  liberty  that  you  should  abandon  those 
great  rights  by  the  adoption  of  this  system  ?  Is  the  relinquish- 
ment  of  trial  by  jury  and  the  liberty  of  the  press  necessary  for 
your  liberty  ?  Will  the  abandonment  of  your  most  sacred  rights 
tend  to  the  security  of  your  liberty  ?  Liberty — the  greatest  of 
all  earthly  blessings — give  us  that  precious  jewel,  and  you  may 
take  everything  else.  But  I  am  fearful  that  I  have  lived  long 
enough  to  become  an  old-fashioned  fellow.  Perhaps  an  invinci- 
ble attachment  to  the  dearest  rights  of  man  may  in  these  refined 
and  enlightened  days  be  deemed  old-fashioned ;  if  so,  I  am  con- 
tented to  be  so.  I  say  the  time  has  been  when  every  pulse  of 
my  heart  beat  for  American  liberty,  and  which,  I  believe,  had  a 
counter-part  in  the  breast  of  every  American.  But  suspicions 
have  gone  forth — suspicions  of  my  integrity— publicly  reputed 
that  my  professions  are  not  real.119  Twenty-three  years  ago,  was 
I  supposed  to  be  a  traitor  to  my  country  ?  I  was  then  said  to 
be  a  bane  of  sedition,  because  I  supported  the  rights  of  my 
country." 

"  We  have  come  hither  to  preserve  the  poor  Commonwealth  of 
Virginia,  if  it  can  possibly  be  done  ;  something  must  be  done  to 
preserve  your  liberty  and  mine.  The  Confederation — this  same 
despised  government — merits  in  my  opinion  the  highest  en- 
comium. It  carried  us  through  a  long  and  dangerous  war.  It 


19  Even  Madison,  in  a  letter  to  Edmund  Randolph,  dated  New  York, 
January  10,  1788,  talks  of  Henry's  "real  designs";  and  Washington, 
in  the  heat  of  the  moment,  wrote  about  Henry  and  Mason — the 
Gamaliels  at  whose  feet  he  sate  for  twenty  years — in  a  manner  that  be- 
trayed more  passion  than  judgment.  Great  as  were  the  merits  of 
Washington  and  Madison,  and  none  rejoices  in  them  more  than  I  do, 
it  is  simply  stating  a  historical  fact  in  saying  that  in  1788  neither  of 
them  stood  in  the  estimation  of  the  Virginia  of  that  day  on  the  same 
platform  with  Patrick  Henry  and  George  Mason  as  a  statesman. 


VIRGINIA    CONVENTION    OF    1788.  115 

rendered  us  victorious  in  that  bloody  conflict  with  a  powerful 
nation.  It  has  secured  us  a  territory  greater  than  any  European 
monarch  possesses.  And  shall  a  government  which  has  been 
thus  strong  and  vigorous  be  accused  of  imbecility  and  abandoned 
for  want  of  energy  ?  Consider  what  you  are  about  to  do  before 
you  part  with  this  government.  Take  longer  time  in  reckoning 
things.  Revolutions  like  this  have  happened  in  almost  every 
country  in  Europe  ;  similar  examples  are  to  be  found  in  ancient 
Greece  and  ancient  Rome  ;  instances  of  the  people  losing  their 
liberty  by  their  own  carelessness  and  the  ambition  of  a  few." 

After  animadverting  at  length  on  the  inadequate  representa- 
tion in  the  House  of  Representatives,  he  then  aimed  his  attacks  at 
the  system  in  general.  "  In  some  parts  of  the  plan  before  you," 
he  said,  "the  great  rights  of  freemen  are  endangered;  in  other 
parts  absolutely  taken  away.  How  does  your  trial  by  jury  stand  ? 
In  civil  cases  gone — not  sufficiently  secured  in  criminal — this 
best  privilege  is  gone  !  But  we  are  told  that  we  need  not  fear, 
because  those  in  power,  being  our  representatives,  will  not  abuse 
the  powers  we  put  into  their  hands.  I  am  not  well  versed  in 
history,  but  I  will  submit  to  your  recollection  whether  liberty 
has  been  destroyed  most  often  by  the  licentiousness  of  the  peo- 
ple or  by  the  tyranny  of  rulers  ?  I  imagine,  sir,  that  you  will 
find  the  balance  on  the  side  of  tyranny.  Happy  will  you  be,  if 
you  miss  the  fate  of  those  nations,  who,  omitting  to  resist  their 
oppressors,  or  negligently  suffering  their  liberty  to  be  wrested 
from  them,  have  groaned  under  intolerable  despotism.  Most  of 
the  human  race  are  now  in  this  deplorable  condition.  And  those 
nations  which  have  gone  in  search  of  grandeur,  power,  and 
splendor,  they  have  also  fallen  a  sacrifice,  and  been  the  victims 
of  their  own  folly.  While  they  acquired  these  visionary  bless- 
ings, they  lost  their  freedom." 

"  The  honorable  gentleman  who  presides  (Pendleton)  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.  O  !  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  !  You  have  no  longer  an  aristocratical,  no 
longer  a  democratical  spirit.  Did  you  ever  read  of  any  revolu- 


116  VIRGINIA   CONVENTION    OF    1788. 

tion  in  any  nation  brought  about  by  the  punishment  of  those  in 
power  inflicted  by  those  who  have  no  power  at  all  ?  " 

He  then  contrasts  the  security  of  the  State  government  founded 
on  the  Declaration  of  Rights  with  the  various  provisions  of  the 
Federal  Constitution,  and  opposes  the  policy  of  direct  taxation. 
"The  voice  of  tradition,"  he  said,  "will,  I  trust,  inform  pos- 
terity of  our  struggles  for  freedom.  If  our  descendants  be 
worthy  of  the  name  of  Americans,  they  will  preserve  and  hand 
down  to  the  latest  posterity  the  transactions  of  the  present  time  ; 
and  although  my  exclamations  are  not  worthy  the  hearing,  they 
will  see  that  I  have  done  my  utmost  to  preserve  their  liberty. 
For  I  will  never  give  up  the  power  of  direct  taxation  but  for  a 
scourge.  I  am  willing  to  give  it  conditionally,  that  is,  after  a 
non-compliance  with  requisitions.  I  will  do  more,  sir,  and  what 
I  hope  will  convince  the  most  skeptical  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  our  trade  shall  be  given  to  Congress,  and 
that  Virginia  shall  depend  upon  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  on  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."  He  then  proceeded  to  show  the  incom- 
patibility of  direct  taxation  at  the  same  time  by  the  Federal  and 
State  governments,  drawing  a  vivid  picture  of  the  malfeasance 
of  the  State  sheriffs  who  acted  under  the  eye  of  the  Assembly, 
and  of  the  utter  ruin  of  the  people  by  the  combined  array  of 
Federal  and  State  collectors,  and  closing  the  part  of  his  speech 
with  a  declaration  that  "  on  this  subject  he  should  be  an  infidel 
till  the  day  of  his  death." 

When  he  had  rallied  for  a  moment,  he  continued  his  general 
examination  of  the  new  plan,  opening  with  that  description  of 


VIRGINIA   CONVENTION    OF    1788.  117 

the  Constitution  which  has  been  repeated  so  often  since  by  the 
school- boy  and  the  statesman,  "  This  Constitution  is  said  to  have 
beautiful  features ;  but  when  I  come  to  examine  these  features, 
sir,  they  appear  to  me  horribly  frightful.  Among  other  de- 
formities it  has  an  awful  squinting—it  squints  towards  monarchy. 
And  does  not  this  raise  indignation  in  the  breast  of  every  true 
American  ?  Your  President  may  easily  become  king.  Your 
Senate  is  so  imperfectly  constituted  that  your  dearest  rights  may 
be  sacrificed  by  what  may  be  a  small  minority,  and  a  very  small 
minority  may  continue  forever  unchangeably  this  Government 
although  horribly  defective.  Where  are  your  checks  in  this 
Government  ?  Your  strongholds  will  be  in  the  hands  of  your 
enemies.  If  your  American  chief  be  a  man  of  ambition  and 
abilities,  how  easy  it  is  for  him  to  render  himself  absolute  ! 
The  army  is  in  his  hands,  and  if  he  be  a  man  of  address,  it  will 
be  attached  to  him  ;  and  it  will  be  a  subject  of  long  meditation 
with  him  to  seize  the  first  auspicious  moment  to  accomplish  his 
designs.  And,  sir,  will  the  American  spirit  solely  relieve  you 
when  this  happens  ?  I  would  rather  infinitely,  and  I  am  sure 
most  of  this  Convention  are  of  the  same  opinion,  have  a  king, 
lords,  and  commons,  than  a  government  so  replete  with  insup- 
portable evils.  If  we  make  a  king,  we  may  prescribe  the  rules 
by  which  he  shall  rule  his  people,  and  interpose  such  checks  as 
shall  prevent  him  from  infringing  them  ;  but  the  President  in 
the  field  at  the  head  of  his  army  can  prescribe  the  terms  on 
which  he  shall  reign  master  so  far  that  it  will  puzzle  any  Ameri- 
can to  get  his  neck  from  under  the  galling  yoke.  I  cannot  with 
patience  think  of  this  idea.  If  ever  he  violates  the  laws,  one  of 
two  things  will  happen  :  he  will  come  at  the  head  of  his  army  to 
carry  every  thing  before  him,  or  he  will  give  bail  to  do  what 
Mr.  Chief  Justice  will  order  him.120  If  he  be  guilty,  will  not  the 
recollection  of  his  crimes  teach  him  to  make  one  bold  push  for 
the  American  throne?  Will  not  the  immense  difference  between 
being  master  of  everything,  and  being  ignominiously  tried  and 
punished,  powerfully  excite  him  to  make  this  bold  push  ?  But, 
sir,  where  is  the  existing  force  to  punish  him  ?  Can  he  not  at 

120  This  was  uttered  in  the  presence  of  gentlemen,  two  of  whom 
afterwards  became  President  of  the  United  States,  one  of  whom  be- 
came Chief  Justice,  and  another  of  whom  became  a  Justice  of  the 
Supreme  Court. 


118  VIRGINIA   CONVENTION    OF    1788. 

%  . 

the  head  of  his  army  beat  down  every  opposition  ?  Away  with 
your  President ;  we  shall  have  a  king.  The  army  will  salute 
him  monarch  ;  your  militia  will  leave  you  and  assist  in  making 
him  king,  and  fight  against  you.  And  what  have  you  to  oppose 
this  force?  What  will  then  become  of  you  and  your  rights? 
Will  not  absolute  despotism  ensue?"  (Here,  says  the  reporter, 
Mr.  Henry  strongly  and  pathetically  expatiated  on  the  proba- 
bility of  the  President's  enslaving  America,  and  the  horrid  con- 
sequences that  must  result). 

He  then  passed  on  to  the  subject  of  the  elections  under  the 
Constitution,  which  he  discussed  at  length  ;  and  when  he  had 
examined  the  argument  of  Lee,  derived  from  the  composition  of 
the  House  of  Commons,  apologized  for  the  time  he  had  con- 
sumed and  for  his  departure  from  the  order  adopted  by  the  Con- 
vention, and  indulged  the  hope  that  the  House  would  allow  him 
the  privilege  of  again  addressing  it,  ending  with  the  prayer, 
"  may  you  be  fully  apprized  of  the  dangers  of  the  new  plan  of 
government,  not  by  fatal  experience,  but  by  some  abler  advo- 
cate than  I." 

The  speech  of  Henry  lasted  more  than  three  hours,  and  was 
not  only  the  longest  he  ever  made,  but  the  most  eloquent  ever 
pronounced  in  public  bodies.121  Two  well-authenticated  instances 
of  its  effect  have  come  down  to  us.  General  Thomas  Posey  was 
an  officer  of  distinction  in  the  army  of  the  Revolution,  was  sub- 
sequently second  in  command  under  Wayne  in  the  successful 

121  I  am  inclined  to  think  that  this  was  the  longest  speech  made  by 
Henry  during  the  session.  Judge  Curtis  (History  of  the  Constitution, 
&c.,  II,  558,  note)  reports  a  newspaper  rumor  that  Henry  spoke  on 
some  one  occasion  seven  hours,  and  thinks  it  was  when  this  speech  was 
delivered.  Pendleton  and  Lee,  the  only  speakers  that  day,  did  not 
consume  much  of  the  morning  before  Henry  began  and  spoke  till  the 
adjournment.  We  know  that  the  speech  of  Randolph,  delivered  in 
reply  the  following  day  consumed  two  hours  and  a  half,  and  that  Madi- 
son and  George  Nicholas  made  long  and  elaborate  speeches  after  him. 
In  the  debates,  the  speech  of  Randolph  occupies  more  space  than  the 
speech  of  Henry,  but  in  the  case  of  the  latter,  we  have  the  confession 
of  the  reporter  that  he  could  not  follow  him  in  his  pathetic  appeals. 
Tradition  affirms  that  if  Henry  had  offered  at  the  close  of  his  speech 
a  motion  of  indefinite  postponement  of  the  Constitution,  it  would  have 
succeeded  by  a  considerable  majority.  The  testimony  of  General 
Posey  would  lead  us  to  think  so. 


VIRGINIA   CONVENTION    OF    1788.  119 

Indian  campaigns  of  that  general,  and  was  warmly  in  favor  of 
the  adoption  of  the  Constitution  ;  yet  he  declared  to  a  friend  that 
he  was  so  overpowered  by  the  eloquence  of  Henry  on  this  occa- 
sion as  to  believe  that  the  Constitution  would,  if  adopted,  be  the 
ruin  of  our  liberties  as  certainly  as  he  believed  in  his  own  exist- 
ence;  that  subsequent  reflection  reassured  his  judgment,  and 
his  well  considered  opinion  resumed  its  place.122  Mr.  Best,  an 
intelligent  gentleman  of  Nansemond,  who  heard  the  fervid  de- 
scription which  Henry  gave  of  the  slavery  of  the  people  wrought 
by  a  Federal  executive  at  the  head  of  his  armed  hosts,  declared 
that  so  thrilling  was  the  delineation  of  the  scene,  "  he  involun- 
tarily felt  his  wrists  to  assure  himself  that  the  fetters  were  not 
already  pressing  his  flesh  ;  and  that  the  gallery  on  which  he  was 
sitting  seemed  to  become  as  dark  as  a  dungeon."123 

An  incident  occurred  while  Henry  was  speaking  which  shows 
that  the  feelings  of  the  husband  and  father  were  not  wholly  lost 
in  those  of  the  patriot.  As  his  eye  ranged  over  the  house,  when 
in  the  height  of  his  argument,  he  caught  the  face  of  his  son, 
whom  he  had  left  a  few  days  before  in  Prince  Edward  as  the  pro- 
tector of  his  family  during  his  absence,  and  he  knew  that  some 
important  domestic  event  had  brought  him  to  Richmond.  He 
hesitated  for  a  moment,  stooped  down,  and  with  a  full  heart 
whispered  to  a  friend  who  was  sitting  before  him :  "  Dawson,  I 
see  my  son  in  the  hall  ;  take  him  out."  Dawson  instantly  with- 
drew with  young  Henry,  and  soon  returned  with  the  grateful 
intelligence  that  Mrs.  Henry  had  been  safely  delivered  of  a  son, 
and  that  mother  and  child  were  doing  well.  That  new-born 
babe,  called  from  a  maternal  ancestor  Spotswood,  lived  to  become 
familiar  with  the  features  of  his  father's  face,  and  to  enjoy  his 
splendid  fame  ;  and  in  the  quiet  burial-ground  of  Red  Hill,  at 
the  mature  age  of  sixty-five,  was  laid  by  his  side.13* 

122  Life  of  Dr.  A.  Alexander  by  his  son,  page  190. 

128  Letter  of  Joseph  B.  Whitehead,  Esq.,  to  the  author.  To  save 
repetition,  the  reader  will  regard  all  letters,  when  the  name  of  the  per- 
son to  whom  they  are  written  is  not  stated,  as  addressed  to  the  author. 
One  evidence  of  the  effect  of  the  speech  was  seen  in  the  fact  that  the 
following  day  three  of  the  strongest  federalists,  Randolph,  Madison, 
and  George  Nicholas,  the  last  the  most  powerful  man  of  the  three  in 
debate  at  a  great  crisis,  occupied  the  whole  of  the  session. 

124  Henry,  on  his  return  home,  told  this  fact  to  his  wife,  who  told  it  to 
her  son  John,  who  told  it  to  me. 


VIRGINIA   CONVENTION    OF    1788. 

• 

When  Henry  finished  his  speech  Edmund  Randolph  rose  to 
deprecate  the  irregular  mode  of  debate  and  the  departure  from 
the  order  of  the  House.  He  said  that  if  the  House  proceeded  in 
that  irregular  manner,  contrary  to  its  resolution,  instead  of  three 
or  six  weeks,  it  would  take  six  months  to  decide  the  question. 
He  should  endeavor  to  make  the  committee  sensible  of  the  neces- 
sity of  establishing  a  national  Government,  and  the  inefficacy 
of  the  Confederation.  He  should  take  the  first  opportunity  of 
doing  so ;  and  he  mentioned  the  fact  merely  to  show  that  he  had 
not  answered  the  gentleman  fully,  nor  in  a  general  way,  yester- 
day. The  House  then  adjourned. 


CHAPTER  III. 

The  effect  of  Henry's  speech  both  in  and  out  of  the  House 
had  been  great.  It  startled  the  friends  of  the  new  system  from 
that  sense  of  security  in  which  the  more  sanguine  had  indulged  ; 
and  they  saw  that  unless  prompt  measures  were  adopted  to 
counteract  the  present  feeling  all  hopes  of  a  successful  issue 
would  be  vain.  Accordingly,  on  Friday,  the  sixth  day  of  June, 
and  the  fifth  of  the  session,  the  federalists  summoned  to  the  field 
the  most  able  array  of  talents,  which,  abounding  as  they  did 
in  able  men,  their  ranks  afforded.  It  was  feared  that  Henry 
might  rise  to  deepen  the  impression  which  he  had  already  made  ; 
for  Randolph  in  his  few  remarks  the  previous  day  had  not  se- 
cured the  floor,  and  every  effort  must  be  exerted  to  prevent  such 
an  untoward  movement.  It  was  evidently  arranged  that  Ran- 
dolph should  discuss  the  whole  subject  in  an  elaborate  speech  ; 
that  Madison,  who  had  been  ill,  should  be  on  the  alert  to  suc- 
ceed him;  and  should  his  feeble  health  prevent  him  from  con- 
suming the  entire  day,  that  George  Nicholas,  who  was  more 
familiar  with  large  public  bodies  than  either  Randolph  or  Mad- 
ison, should  exhaust  the  remainder  of  the  sitting. 

When  the  President  called  the  Convention  to  order,  a  debate 
arose  on  the  returns  of  an  election  case,  which  was  soon  dis- 
patched, and  the  House  resolved  itself  into  committee — Wythe 
in  the  chair.  As  soon  as  he  was  fairly  seated,  Edmund  Ran- 
dolph rose  to  reply  to  the  speech  delivered  by  Henry.  In  an 
exordium  of  rare  beauty,  in  which  he  called  himself  a  child  of 
the  Revolution,  he  alluded  to  the  early  manifestations  of  affec- 
tion to  him  by  Virginia  at  a  time  when,  from  peculiar  circum- 
stances well  known  to  the  House,  he  needed  it  most,  and  to  the 
honors  which  had  been  bestowed  upon  him ;  and  in  which  he 
declared  that  it  should  be  the  unwearied  study  of  his  life  to  pro- 


If 

122  VIRGINIA   CONVENTION    OF    1788. 

% 

mote  her  happiness,  and  that  in  a  twelvemonth  he  should  with- 
draw from  all  public  employments.  Then  launching  into  his 
subject,  "  We  are  told,"  he  said,  "  that  the  report  of  dangers  is 
false.  The  cry  of  peace,  sir,  is  false;  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  requires  an  undis- 
guised representation  of  our  situation.  Candor  demands  a 
faithful  exposition  of  facts.  Many  citizens  have  found  justice 
strangled  and  trampled  under  foot  through  the  course  of  juris- 
prudence in  this  country.  Are  those  who  have  debts  due  them 
satisfied  with  your  Government  ?  Are  not  creditors  wearied 
with  the  tedious  procrastination  of  your  legal  process? — a  pro- 
cess obscured  by  legislative  mists.  Cast  your  eyes  to  your  sea- 
ports— see  how  commerce  languishes.  This  country,  so  blessed 
by  nature  with  every  advantage  that  can  render  commerce 
profitable,  through  defective  legislation  is  deprived  of  all  the 
benefits  and  emoluments  which  she  might  otherwise  reap  from 
it.  We  hear  many  complaints  of  located  lands — a  variety  of 
competitors  claiming  the  same  lands  under  legislative  acts  ;125 
public  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  Consti- 
tion  from  the  year  1776  to  this  present  time — violations  made  by 
formal  acts  of  the  Legislature.  Everything  has  been  drawn 
within  the  legislative  vortex.  There  is  one  example  of  this  vio- 
lation in  Virginia  of  a  most  striking  and  shocking  nature — an 
example  so  horrid  that  if  I  conceived  my  country  would  pas- 
sively 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  in  the  following  manner :  From 
mere  reliance  on  general  reports,  a  gentleman  in  the  House  of 
Delegates  informed  that  body  that  a  certain  man  ( Josiah  Philips) 
had  committed  several  crimes,  and  was  running  at  large  perpe- 


125  A  hit  at  George  Mason,  who  drew  the  first  land  law. 


VIRGINIA   CONVENTION    OF    1788.  123 

tr'ating  other  crimes.  He  therefore  moved  for  leave  to  attaint 
him.  He  obtained  that  leave  instantly.  No  sooner  did  he  ob- 
tain it  than  he  drew  from  his  pocket  a  bill  ready  written  for  that 
effect.  It  was  read  three  times  in  one  day,  and  carried  to  the 
Senate.  I  will  not  say  that  it  passed  the  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  depri- 
vation 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  impres- 
sion on  my  heart,  and  I  cannot  contemplate  it  without  horror.™ 

126  The  reader  must  keep  in  mind  that  this  severe  tirade  against  the 
legislation  of  Virginia  was  designed  by  the  speaker  to  reflect  partly  on 
Mason,  but  especially  on  Henry,  who,  throughout  the  war  and  until  the 
session  of  the  Convention,  bore  a  leading  part  either  in  the  executive 
or  legislative  department  of  the  State.  But  never  was  an  orator  more 
unfortunate  than  Randolph  in  his  selection  of  an  instance  of  tyranny. 
The  case  of  Philips  was  presented  to  the  Assembly,  not  by  a  member, 
but  by  the  Governor  (Henry),  who  enclosed  the  letter  of  Colonel  Wil- 
son, of  Norfolk  county,  detailing  the  enormities  perpetrated  on  un- 
offending and  helpless  women  and  children  in  the  county  of  Princess 
Anne  by  that  infamous  outlaw.  The  message  of  the  Governor  was  re- 
ferred to  a  committee  of  the  whole,  which  reported  a  resolution  at- 
tainting Philips.  A  bill  was  brought  in  accordingly,  was  read  on  three 
several  days  as  usual,  was  passed  and  sent  to  the  Senate,  which  adopted 
it  without  amendment.  Nor  was  Philips  executed  in  consequence  of 
the  act  of  attainder.  On  the  contrary,  having  been  apprehended,  he 
was  indicted  for  highway  robbery  by  Randolph  himself,  who  was  Attor- 
ney General  at  the  time,  an  after  a  fair  trial  by  a  jury  was  condemned 
and  executed.  Possibly,  as  Randolph  was  clerk  of  the  House  of  Dele- 
gates (as  well  as  Attorney-General)  at  the  time,  he  may  have  remem- 
bered that  Harrison  was  speaker  of  the  body  at  the  time,  and  that 
Tyler  was  one  of  the  committe  which  brought  in  the  bill,  both  of  whom 
were  members  of  the  present  Convention,  and  were  warmly  opposed 
to  the'new  Constitution.  But  granting  for  the  sake  of  argument  that 
at  the  most  trying  period  of  the  Revolution  the  people  of  Princess 
Anne,  instead  of  hanging  a  desperate  outlaw  to  the  first  tree,  sought  to 
attain  their  end  by  an  act  of  attainder,  and  that  the  wretch  had  suffered 
accordingly,  what  does  it  prove?  Simply  that  there  were  occasional 
errors  in  the  legislation  of  the  State  at  a  difficult  crisis — errors  that 


124  VIRGINIA   CONVENTION   OF    1788. 

% 

There  are  still  a  multiplicity  of  complaints  of  the  debility  of  the 
laws.  Justice  in  many  cases  is  so  unattainable  that  commerce 
may  be  said  in  fact  to  be  stopped  entirely.  There  is  no  peace, 
sir,  in  this  land.  Can  peace  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." 

He  argued  at  length  to  prove  that  the  excessive  licentiousness 
which  has  resulted  from  the  relaxation  of  the  laws  would  be 
checked  by  the  new  system  ;  that  the  danger  and  impolicy  of 
waiting  for  subsequent  amendments  were  extreme  ;  that  jury 
trial  was  safe  or  would  readily  be  made  safe  ;  that  the  position 
and  the  connections  of  the  Swiss  Cantons  were  so  diverse  from 
ours  that  no  argument  drawn  from  them  was  applicable  to  the 
present  case  ;  that  the  extent  of  a  country  was  not  an  insuper- 
able objection  to  a  national  government ;  that  the  union  was 
necessary  to  Virginia  from  her  accessibility  by  sea,  from  her 
proximity  to  Maryland  and  Pennsylvania,  which  had  adopted  the 
Constitution,  from  the  number  of  savages  on  her  borders,  and 
from  the  presence  of  the  black  population.  "The  day  may 
come,"  he  said,  "  when  that  population  may  make  an  impression 
upon  us.  Gentlemen  who  have  long  been  accustomed  to  the 
contemplation  of  the  subject,  think  there  is  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.127  Will  the  American 


might  have  occurred  under  any  form  of  government,  and  that  might 
argue  an  amendment  of  the  State  Government,  and  not  of  a  Confeder- 
ation. It  may  not  be  amiss  to  say  that  Randolph  was  a  warm  advocate 
of  a  Convention  to  amend  the  Constitution  of  the  State. 

127  By  the  census  of  1790,  the  number  of  whites  in  Virginia,  including 
the  district  of  Kentucky,  was  442,115  ;  the  number  of  blacks,  293,427; 
and  the  whole  population,  including  all  other  persons,  was  748,308. 
Either  the  figures  of  Randolph  are  far  below  the  actual  population  of 
the  State  in  1788,  or  the  census  taken  two  years  later  indicates  a  won- 
derful increase  ;  and  it  is  known  that  the  census  of  1790  underated  our 
numbers. 


VIRGINIA    CONVENTION   OF    1788.  125 

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?  If  we  shall  be  separated  from  the  Union,  shall  our 
chance  of  having  these  be  greater,  or  will  not  the  want  of  these 
be  the  more  deplorable  ? 

He  spoke  of  the  debts  due  to  foreign  nations — to  France, 
Spain,  England,  and  Holland — and  the  ability  of  those  powers 
to  close  our  ports  on  our  failure  to  comply  with  their  demands. 
"Suppose,"  he  said,  "the  American  spirit  in  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.  Our  militia 
amounts  to  fifty  thousand,  or  say  sixty  thousand.  In  case  of  an 
attack,  what  defence  can  we  make  ?  The  militia  of  our  country 
will  be  wanted  for  agriculture.  Some  also  will  be  necessary  for 
manufactures  and  those  mechanic  arts  which  are  necessary  for 
the  aid  of  the  farmer  and  the  planter.  If  we  had  men  sufficient 
in  number  to  defend  ourselves,  it  could  not  avail  without  other 
requisites.  We  must  have  a  navy,  to  be  supported  in  time  of 
peace  as  well  as  in  war,  to  guard  our  coasts  and  defend  us 
against  invasion.  The  maintaining  a  navy  will  require  money  ; 
and  where  can  we  get  money  for  this  and  other  purposes?  How 
shall  we  raise  it  ?  Review  the  enormity  of  the  debts  due  by  this 
country.  The  amount  of  debt  we  owe  to  the  continent  for  bills 
of  credit,  rating  at  forty  to  one,  will  amount  to  between  six  and 
seven  hundred  thousand  pounds.128  There  is  also  due  the  con- 
tinent the  balance  of  requisitions  due  by  us  ;  and  in  addition  to 
this  proportion  of  the  old  continental  debt,  there  are  the  foreign, 
domestic,  State-military,  and  loan-office  debts  ;  to  which,  when 
you  add  the  British  debt,  where  is  the  possibility  of  finding 
money  to  raise  an  army  or  navy  ?  Review  your  real  ability. 
Shall  we  recur  to  loans  ?  Nothing  can  be  more  impolitic  ;  they 
impoverish  a  nation.  We,  sir,  have  nothing  to  repay  them  ;  nor 
can  we  procure  them.  If  the  imposts  and  duties  in  Virginia, 
even  on  the  present  footing,  be  very  unproductive  and  not  equal 
to  our  necessity,  what  would  it  be  if  we  were  separated  from  the 
Union  ?  From  the  first  of  September  to  the  first  of  June,  the 

i?s  Virginia  currency;  the  pound  at  $3.33X- 


126  VIRGINIA    CONVENTION    OF    1788. 

amount  put  into  the  treasury  is  only  fifty-nine  thousand  pounds, 
or  a  little  more.129  But  if  smuggling  be  introduced  in  conse- 
quence of  high  duties,  or  otherwise,  and  the  Potomac  should  be 
lost,  what  hope  of  getting  money  from  these  ?  Our  commerce 
will  not  be  kindly  received  by  foreigners  if  transacted  solely  by 
ourselves.  It  is  the  spirit  of  commercial  nations  to  engross  as 
much  as  possible  the  carrying  trade.  This  makes  it  necessary 
to  defend  our  commerce  ;  but  how  shall  we  compass  this  end  ? 
England  has  arisen  to  the  greatest  height  in  modern  times  by 
her  navigation  act  and  other  excellent  regulations.  The  same 
means  would  produce  the  same  effect.  We  have  inland  navi- 
gation. Our  last  exports  did  not  exceed  pne  millions  of  pounds 
value.  Our  export  trade  is  entirely  in  the  hands  of  foreigners. 
I  beg,  gentlemen,  to  consider  these  two  things  :  our  inability  to 
raise  and  man  a  navy,  and  the  dreadful  consequences  of  a  disso- 
lution of  the  Union." 

He  next  adverts  to  an  argument  used  by  Henry.      "It  is 

129  The  exact  amount  from  November  3oth,  1787  to  November,  1788, 
derived  from  customs,  was  seventy  four  thousand  pounds  ;  and  as  the 
average  of  the  tariff  was  very  low,  not  exceeding  two  per  cent.,  we  can 
readily  see  the  amount  of  the  imports  during  that  period.  The  whole 
receipts  in  that  interval,  including  customs,  reached  ^"417,498  93  S^d, 
collected  from  a  people  as  industrious  and  quiet  as  existed  on  the  face 
of  the  globe.  This  immense  commerce,  it  must  be  remembered, 
sprang  from  nothing  to  its  present  amount  in  about  four  years  and  a 
little  more  ;  and  proves  that  the  talk  about  our  commerce  gone  forever 
and  our  languishing  industry,  was  only  the  talk  of  politicians.  Even 
Randolph  admits  that  our  population  was  increasing  ;  but  he  did  not 
appreciate  the  enormous  accessions  that  had  been  made  and  were 
daily  making  from  abroad,  and  especially  from  the  Northern  States. 
As  for  what  Randolph  denounces  as  want  of  justice  and  violations  of 
the  Constitution  of  the  State  by  the  General  Assembly,  they  were  mere 
matters  of  opinion  among  public  men,  and  unknown  to  the  mass  of  the 
people.  Let  the  reader  consult  the  report  of  the  Committee  of  the 
House  of  Delegates  on  the  Treasury,  made  on  the  igth  of  December, 
1788,  (Journal  House  of  Delegates,  106)  and  note  the  amount  of  back 
taxes  which  were  gradually  coming  in  from  the  poorer  counties,  and 
the  various  items  of  receipts,  and  the  sum  of  money  paid  down,  and 
he  will  see  an  exhibit  honorable  to  any  country.  It  was  in  the  society 
in  which  Randolph  moved,  men  formerly  of  princely  wealth,  who  had 
suffered  seriously  by  the  war,  as  such  classes  always  do,  that  the  talk 
about  declining  agriculture  and  vanishing  commerce  was  heard. 


VIRGINIA    CONVENTION    OF    1788.  127 

insinuated,"  he  said,  "by  the  honorable  gentleman  that  we  want 
to  be  a  grand,  splendid  and  magnificent  people.  We  wish  not 
to  become  so.  The  magnificence  of  a  royal  court  is  not  our 
object.  We  want  government,  sir  ;  a  government  that  will  have 
stability  and  give  us  security  ;  for  our  present  Government  is  des- 
stitute  of  the  one  and  incapable  of  producing  the  other.  It  can- 
not with  propriety  be  denominated  a  government,  being  void  of 
that  energy  requisite  to  enforce  sanctions.  I  wish  my  country 
not  to  be  contemptible  in  the  eyes  of  foreign  nations.  A  well 
regulated  community  is  always  respected.  It  is  the  internal 
situation,  the  defects  of  government,  that  attracts  foreign  con- 
tempt. That  contempt,  sir,  is  too  often  followed  by  subjugation." 
"  The  object  of  a  federal  government,"  he  said,  "  is  to  remedy 
and  strengthen  the  weakness  of  its  individual  branches,  whether 
that  weakness  arises  from  situation  or  from  any  external  cause. 
With  respect  to  the  first,  is  it  not  a  miracle  that  the  confederation 
carried  us  through  the  war  ?  It  was  our  unanimity  that  carried 
us  through  it.  That  system  was  not  ultimately  concluded  till  the 
year  1781.  Although  the  greatest  exertions  were  made  before 
that  time,  when  came  requisitions  for  men  and  money,  its  defects 
then  were  immediately  discovered.  The  quotas  of  men  were 
readily  sent ;  not  so  those  of  money.  One  State  feigned  inabil- 
ity ;  another  would  not  comply  till  the  rest  did  ;  and  various 
excuses  were  offered,  so  that  no  money  was  sent  into  the  treasury 
— not  a  requisition  was  fully  complied  with.  Loans  were  the 
next  measure  fallen  upon.  Upwards  of  eighty  millions  of  dollars 
were  wanting,  beside  the  emissions  of  dollars  forty  for  one. 
These  things  show  the  impossibility  of  relying  on  requisitions." 
"  Without  adequate  powers  vested  in  Congress,  America  cannot  be 
respectable  in  the  eyes  of  other  nations.  Congress  ought  to  be 
fully  vested  with  power  to  support  the  Union;  protect  the  interests 
of  the  United  States;  maintain  their  commerce  and  defend  them 
from  external  invasions  and  insults  and  internal  insurrections  ;  to 
maintain  justice  and  promote  harmony  and  public  tranquility 
among  the  States.  A  government  not  vested  with  these  powers 
will  ever  be  found  unable  to  make  us  happy  or  respectable.  How 
the  Confederation  is  different  from  such  a  government  is  known 
to  all  America.  What  are  the  powers  of  Congress  ?  They  have 
full  authority  to  recommend  what  they  please;  this  recommenda- 
tory power  reduces  them  to  the  condition  of  poor  supplicants. 


1'28  VIRGINIA    CONVENTION    OF    1788. 

Consider  the  dignified  language  of  the  members  of  the  American 
Congress.  May  it  please  your  high  mightiness  of  Virginia  to 
pay  your  just  proportionate  quota  of  our  national  debt;  we 
humbly  supplicate  that  it  may  please  you  to  comply  with  your 
federal  duties.  Their  operations  are  of  no  validity  when  counter- 
acted by  the  States.  Their  authority  to  recommend  is  a  mere 
mockery  of  government.  But  the  amendability  of  the  Confed- 
eration seems  to  have  great  weight  on  the  minds  of  some  gentle- 
men. To  what  points  will  the  amendments  go  ?  What  part 
makes  the  most  important  figure?  What  part  deserves  to  be 
retained  ?  In  it  one  body  has  the  legislative,  executive  and  judi- 
cial powers  ;  but  the  want  of  efficient  powers  has  prevented  the 
dangers  naturally  consequent  on  the  union  of  these.  Is  this 
union  consistent  with  an  augmentation  of  their  powers  ?  Will 
you,  then,  amend  it  by  taking  away  one  of  these  three  powers  ? 
Suppose,  for  instance,  you  only  vested  it  with  the  legislative  and 
executive  powers  without  any  control  on  the  judiciary,  what  must 
be  the  result  ?  Are  we  not  taught  by  reason,  experience  and 
governmental  history  that  tyranny  is  the  natural  and  certain  con- 
sequence of  uniting  these  two  powers,  or  the  legislative  and 
judicial  powers  excusively,  in  the  same  body?  Whenever  any 
two  of  these  three  powers  are  vested  in  one  single  body,  they 
must  at  one  time  or  other  terminate  in  the  destruction  of  liberty. 
In  the  most  important  cases  the  assent  of  nine  States  is  necessary 
to  pass  a  law.  This  is  too  great  a  restriction,  and  whatever  good 
consequences  it  may  in  some  cases  produce,  yet  it  will  prevent 
energy  in  many  other  cases.  It  will  prevent  energy  which  is 
most  necessary  in  some  emergencies,  even  in  cases  wherein  the 
existence  of  the  community  depends  on  vigor  and  expedition. 
It  is  incompatible  with  that  secrecy  which  is  the  life  of  execution 
and  despatch.  Did  ever  thirty  or  forty  men  retain  a  secret  ? 
Without  secrecy  no  government  can  carry  on  its  operations  on 
great  occasions ;  this  is  what  gives  that  superiority  in  action  to 
the  government  of  one.  If  anything  were  wanting  to  complete 
this  farce,  it  would  be  that  a  resolution  of  the  Assembly  of  Vir- 
ginia and  the  other  legislatures  should  be  necessary  to  confirm 
and  render  of  any  validity  the  congressional  acts ;  this  would 
openly  discover  the  debility  of  the  general  Government  to  all  the 
world.  An  act  of  the  Assembly  of  Virginia,  controverting  a 
resolution  of  Congress,  would  certainly  prevail.  I  therefore  con- 


VIRGINIA   CONVENTION    OF    1788.  129 

elude  that  the  Confederation  is  too  defective  to  deserve  correction. 
Let  us  take  farewell  of  it  with  reverential  respect  as  an  old  bene- 
factor. It  is  gone  whether  this  House  says  so  or  not.  It  is  gone, 
sir,  by  its  own  weakness." 

He  thus  concluded  :  "  I  intended  to  show  the  nature  of  the 
powers  which  ought  to  have  been  given  to  the  general  Govern- 
ment, and  the  reason  of  investing  it  with  the  power  of  taxation  ; 
but  this  would  require  more  time  than  my  strength  or  the  patience 
of  the  committee  would  now  admit  of.  I  shall  conclude  with  a 
few  objections  which  come  from  my  heart.  I  have  labored  for 
the  continuance  of  the  Union — the  rock  of  our  salvation.  I  be- 
lieve that,  as  sure  as  there  is  a  God  in  Heaven,  our  safety,  our 
political  happiness  and  existence,  depend  on  the  union  of  the 
States  ;  and  that  without  this  union  the  people  of  this  and  the 
other  States  will  undergo  the  unspeakable  calamities  which  dis- 
cord, faction,  turbulence,  war  and  bloodshed,  have  produced  in 
other  countries.  The  American  spirit  ought  to  be  mixed  with 
American  pride  to  see  the  Union  magnificently  triumphant.  Let 
that  glorious  pride,  which  once  defied  the  British  thunder,  reani- 
mate you  again.  Let  it  not  be  recorded  of  America  that,  after 
having  performed  the  most  gallant  exploits,  after  having  over- 
come the  most  astonishing  difficulties,  and  after  having  gained 
the  admiration  of  the  world  by  their  incomparable  valor  and 
policy,  they  lose  their  acquired  reputation,  their  national  conse- 
quence and  happiness,  by  their  own  indiscretion.  Let  no  future 
historian  inform  posterity  that  they  wanted  wisdom  and  virtue  to 
concur  in  anv  regular  efficient  government.  Catch  the  present 
moment — seize  it  with  avidity  and  eagerness — for  it  may  be  lost, 
never  to  be  regained.  If  the  Union  be  now  lost,  I  fear  it  will 
remain  so  forever.  I  believe  gentlemen  are  sincere  in  their  op- 
position, and  actuated  by  pure  motives  ;  but  when  I  maturely 
weigh  the  advantages  of  the  Union  and  the  dreadful  conse- 
quences of  dissolution ;  when  I  see  safety  on  my  right  and  de- 
struction on  my  left ;  when  I  behold  respectability  and  happiness 
acquired  by  the  one,  but  annihilated  by  the  other,  I  cannot  hesi- 
tate to  decide  in  favor  of  the  former.  I  hope  my  weakness  for 
speaking  so  long  will  apologize  for  my  leaving  this  subject  in  so 
mutilated  a  condition.  If  a  further  explanation  be  desired,  I 
shall  take  the  liberty  to  enter  into  it  more  fully  another  time." 

This  able,  eloquent,  and  patriotic  speech,  which  consumed  two 


130  vmqiNiA  CONVENTION  OF  1788. 

hours  and  a  half  in  the  delivery,  was  received  with  warm  ap- 
plause by  the  friends  of  the  speaker,  and  with  the  admiration 
which  genius  and  talents  always  inspire  in  the  breasts  of  honor- 
able opponents.  Before  his  manly  form  had  disappeared  in  the 
mass  of  the  house,  and  the  tones  of  his  sonorous  voice  had 
ceased  to  fill  that  crowded  hall,  Madison,  diminutive  in  stature 
and  weak  from  recent  illness,  rose  to  address  the  Assembly. 
Nought  but  a  sense  of  public  duty,  upheld  by  a  proud  con- 
sciousness of  superior  worth,  would  have  impelled  him  at  that 
moment  to  such  a  serious  undertaking.  His  few  first  sentences 
were  wholly  inaudible.  When  his  voice  was  more  assured  he  was 
understood  to  say  that  he  would  not  attempt  to  make  impres- 
sions by  ardent  professions  of  zeal  for  the  public  welfare ;  that 
the  principles  of  every  man  will  be,  and  ought  to  be,  judged,  not 
by  his  professions  and  declarations,  but  by  his  conduct ;  by  that 
criterion  he  wished,  in  common  with  every  other  member,  to  be 
judged  ;  and  should  it  prove  unfavorable  to  his  reputation,  yet 
it  was  a  criterion  from  which  he  would  by  no  means  depart.  He 
said  the  occasion  demanded  proofs  and  demonstration,  not 
opinion  and  assertion.  "  It  gives  me  pain,"  he  said,  "  to  hear 
gentlemen  continually  distorting  the  natural  construction  of  lan- 
guage ;  for  it  is  sufficient  if  any  human  production  can  stand  a 
fair  discussion.  Before  I  proceed  to  make  some  additions  to  the 
reasons  which  have  been  adduced  by  my  honorable  friend  over  the 
way  (Randolph),  I  must  take  the  liberty  to  make  some  observa- 
tions on  what  was  said  by  another  gentleman  (Henry).  He  told 
us  this  Constitution  ought  to  rejected  because  it  endangered  the 
public  liberty.  Give  me  leave  to  make  one  answer  to  that  obser- 
vation :  let  the  dangers  which  this  system  is  supposed  to  be  re- 
plete with  be  clearly  pointed  out  ;  if  any  dangerous  and  unneces- 
sary powers  be  given  to  the  general  legislature,  let  them  be 
plainly  demonstrated  ;  if  powers  be  necessary,  apparent  danger 
is  not  a  sufficient  reason  against  conceding  them.  He  has  sug- 
gested that  licentiousness  has  seldom  produced  the  loss  of  liberty; 
but  that  the  tyranny  of  rulers  has  almost  always  effected  it. 
Since  the  general  civilization  of  mankind,  I  believe  there  are 
more  instances  of  the  abridgement  of  the  freedom  of  the 
people  by  gradual  and  silent  encroachments  of  those  in  power, 
than  by  violent  and  sudden  usurpations.  On  a  candid  ex- 
amination of  history  we  shall  find  that  turbulence,  violence, 


VIRGINIA    CONVENTION    OF    1788.  131 

and  abuse  of  power,  by  the  majority  trampling  on  the  rights  of 
the  minority,  have  produced  factions  and  commotions,  which,  in 
republics,  have  more  frequently  than  any  other  cause  produced 
despotism.  If  we  go  over  the  whole  history  of  ancient  and 
modern  republics,  we  shall  find  their  destruction  to  have  gener- 
ally resulted  from  those  causes.  If  we  consider  the  peculiar 
situation  of  the  United  States,  and  what  are  the  sources  of  that 
diversity  of  sentiment  which  pervades  their  inhabitants,  we  shall 
find  great  danger  to  fear  that  the  same  causes  may  terminate 
here  in  the  same  fatal  effects  which  they  produced  in  those  re- 
publics. This  danger  ought  to  be  wisely  guarded  against.  Per- 
haps in  the  progress  of  this  discussion  it  may  appear  that  the 
only  possible  remedy  for  those  evils,  and  the  means  of  preserv- 
ing and  protecting  the  principles  of  republicanism,  will  be  found 
in  that  very  system  which  is  now  exclaimed  against  as  the  parent 
of  oppression." 

He  next  reverts  to  Henry's  observation  that  the  people  were 
at  peace  until  the  new  system  was  put  upon  them  :  "I  wish  sin- 
cerely, sir,  this  were  true.  If  this  be  their  happy  situation,  why 
has  every  State  acknowledged  the  contrary  ?  Why  were'depu- 
ties  from  all  the  States  sent  to  the  General  Convention  ?  Why 
have  complaints  of  national  and  individual  distresses  been  echoed 
and  re-echoed  throughout  the  continent  ?  Why  has  our  general 
government  been  so  shamefully  disgraced  and  our  Constitution 
violated?  Wherefore  have  laws  been  made  to  authorize  a 
change,  and  wherefore  are  we  now  assembled  here?"130  After 

130  This  argument,  when  used  by  Mr.  Madison,  was  hardly  fair.  He 
knew  that  the  Annapolis  resolution  had  brought  about  the  present 
state  of  things,  and  that  he  had  offered  that  resolution  when  Virginia 
had  settled  upon  a  plan  to  arrange  her  commercial  relations  with  Mary- 
land, Pennsylvania,  and  other  States.  That  arrangement  was  com- 
pleted by  the  Assembly  by  the  selection  of  five  delegates,  consisting  of 
St.  George  Tucker,  William  Ronald,  Robert  Townsend  Hooe,  Thomas 
Pleasants,  and  Francis  Corbin,  on  the  25th  of  November,  1786,  and  it 
was  believed  that  our  Federal  relations  were  at  an  end  for  the  session, 
and  a  large  number  of  the  members  had  probably  left  for  their  homes ; 
when,  on  the  3oth  of  the  same  month,  or  five  days  later,  and  on  the 
last  day  of  the  session,  Mr.  Madison  caused  the  Annapolis  resolution  to 
be  called  up,  to  be  hurried  through  the  House,  and  sent  to  the  Senate, 
which  body  passed  it  within  an  hour  after  receiving  it.  But  two  mem- 
bers in  the  House  opposed  the  resolution.  It  was  plain  that  the  sequel 


132  VIRGINIA    CONVENTION    OF    1788. 

replying  to  Henry's  arguments  on  the  majority  of  three-fourths, 
on  the  exclusive  legislation  of  Congress  in  the  federal  district, 
on  the  provision  concerning  the  militia,  and  on  the  tendency  of 
power  once  transferred  never  to  be  voluntarily  renounced,  he 
discussed  the  objection  that  the  raising  and  supporting  of  armies 

of  the  resolution  was  mainly  a  matter  of  course,  and  afforded  no  legiti- 
mate argument  to  Mr.  Madison,  who  was  privy  to  the  whole  game. 
Nor  was  it  quite  fair  for  Mr.  Madison  to  talk  of  the  Constitution  of  the 
State  as  having  been  violated.  These  so-called  violations  were  by  acts 
of  the  Assembly,  not  by  violence  ;  and  on  Madison's  own  principles 
the  Legislature  might  be  authorized  to  take  what  liberties  they  pleased 
with  that  instrument ;  for  he  contended  in  his  speech  on  the  Conven- 
tion question  in  the  House  of  Delegates,  at  the  May  session  of  1784, 
that  the  Convention  of  May.  1776,  which  framed  the  Constitution,  was 
4l  without  due  power  from  the  people  ;"  that  it  was  framed  in  conse- 
quence of  the  recommendation  of  Congress  of  the  isth  of  May  (which 
is  a  great  mistake,  as  the  Virginia  resolution  of  absolute  independence 
was  adopted  on  that  very  day,  and  a  resolution  to  report  a  plan  of  gov- 
ernment for  an  independent  State  also,  while  the  resolution  of  the  i5th 
of  May  [or  rather  the  loth,  see  Folwell's  edition  of  the  Journals  of 
Congress,  II,  158],  which  was  only  a  re-enactment  of  the  resolution  of 
Congress  of  the  previous  year,  advising  the  colonies  to  form  such  a 
plan  of  government  ''as  would  most  effectually  secure  good  order  in 
the  province  diiring  the  present  dispute  between  Great  Britain  and  the 
colonies'''  was  a  temporizing  measure  only),  which  was  prior  to  the 
Declaration  of  Independence  ;  that  the  Convention  that  framed  the 
Constitution  did  not  "  pretend  "  that  they  had  received  "any  power 
from  the  people  "  for  that  purpose  ;  that  they  passed  other  ordinances 
during  the  same  session  that  were  deemed  "alterable;"  that  they 
made  themselves  a  branch  of  the  Legislature  under  the  Constitution 
which  they  had  framed;  that  the  Constitution,  if  it  be  so  called,  etc., 
etc.  (Rives'  Madison,  I,  559.)  It  is  thus  evident  that  in  Madison's  de- 
liberate judgment  the  Constitution  of  Virginia  had  no  higher  dignity 
than  other  ordinances  of  the  Convention,  which  all  admit  were  altera- 
ble ;  and  that  it  was  competent  for  the  legislature,  in  Mr.  Madison's 
opinion,  to  alter  the  instrument  at  pleasure.  It  was  then  a  little  pru- 
dish to  blame  the  Assembly  for  doing  what  they  had  a  right  to  do,  or 
to  apply  any  other  test  than  that  of  expediency  to  their  action.  We 
have  shown  in  a  previous  note  our  views  upon  this  subject,  and  will 
merely  add  that  Mr.  Randolph's  views  were  quite  as  capricious  as 
those  of  Mr.  Madison,  as  that  gentleman  alleged  in  the  course  of  one 
of  his  speeches  in  Convention  that  the  Declaration  of  Rights  was  no 
part  of  the  Constitution,  and,  of  course,  of  no  obligation  whatever.  It 
is  necessary  to  know  what  ideas  these  gentlemen  had  of  the  Constitu- 
tion before  we  can  estimate  what  they  call  "violations  "  of  it. 


VIRGINIA    CONVENTION    OF    1788.  133 

was  a  dangerous  element  in  the  Constitution.  With  apparent 
candor  he  declared  that  he  wished  there  was  no  necessity  of 
vesting  this  power  in  the  general  Government.  "  But,"  he  said, 
"suppose  a  foreign  nation  to  declare  war  against  the  United 
States  ;  must  not  the  general  legislature  have  the  power  of  de- 
fending the  United  States  ?  Ought  it  to  be  known  to  foreign 
nations  that  the  general  Government  of  the  United  States  of 
America  has  no  power  to  raise  and  support  an  army,  even  in  the 
utmost  danger,  when  attacked  by  external  enemies  ?  Would  not 
their  knowledge  of  such  a  circumstance  stimulate  them  to  fall 
upon  us  ?  If,  sir,  Congress  be  not  invested  with  this  power,  any 
powerful  nation,  prompted  by  ambition  or  avarice,  will  be  invited 
by  our  weakness  to  attack  us  ;  and  such  an  attack  by  disciplined 
veterans  would  certainly  be  attended  with  success  when  only  op- 
posed by  irregular,  undisciplined  militia.  Whoever  considers 
the  peculiar  situation  of  this  country,  the  multiplicity  of  its  ex- 
cellent inlets  and  harbors,  and  the  uncommon  facility  of  attack- 
ing it — however  he  may  regret  the  necessity  of  such  a  power — 
cannot  hesitate  a  moment  in  granting  it.  One  fact  may  elucidate 
this  argument.  In  the  course  of  the  late  war,  when  the  weak 
parts  of  the  Union  were  exposed,  and  many  States  were  in  the 
most  deplorable  condition  by  the  enemies  ravages,  the  assistance 
of  foreign  nations  was  thought  so  urgently  necessary  for  our 
protection  that  the  relinquishment  of  territorial  advantages  was 
not  deemed  too  great  a  sacrifice  for  the  acquisition  of  one  ally. 
This  expedient  was  admitted  with  great  reluctance,  even  by  those 
States  who  expected  advantages  from  it.  The  crisis,  however, 
at  length  arrived,  when  it  was  judged  necessary  for  the  salvation 
of  this  country  to  make  certain  cessions  to  Spain,  whether  wisely 
or  otherwise  is  not  for  me  to  say  ;  but  the  fact  was  that  instruc- 
tions were  sent  to  our  representative  at  the  court  of  Spain  to 
empower  him  to  enter  into  negotiations  for  that  purpose.  How 
it  terminated  is  well  known.  This  fact  shows  the  extremities  to 
which  nations  will  go  in  cases  of  imminent  danger,  and  demon- 
strates the  necessity  of  making  ourselves  more  respectable.  The 
necessity  of  making  dangerous  cessions,  and  of  applying  to  for- 
eign aid,  ought  to  be  excluded." 

When  he  had  replied  to  the  argument  derived  from  the  policy 
of  the  Swiss  Cantons  in  their  confederate  alliance,  and  stated  his 
impression  that  uniformity  of  religion,  which  he  thought  ineligi- 


134  VIRGINIA   CONVENTION   OF    1788. 

ble,  would  not  necessarily  flow  from  uniformity  of  government, 
and  that  the  government  had  no  jurisdiction  over  religion,  he 
adverted  to  the  policy  of  previous  amendments,  contending  that 
if  amendments  are  to  be  proposed  by  one  State,  other  States 
have  the  same  right,  and  will  also  propose  alterations,  which 
would  be  dissimilar  and  opposite  in  their  nature.  u  I  beg  leave," 
he  said,  "  to  remark  that  the  governments  of  the  different  States 
are  in  many  respects  dissimilar  in  their  structure  ;  their  legisla- 
tive bodies  are  not  similar  ;  their  executive  are  more  different. 
In  several  of  the  States  the  first  magistrate  is  elected  by  the  peo- 
ple at  large  ;  in  others  by  joint  ballot  of  the  members  of  both 
branches  of  the  legislature  ;  and  in  others  in  a  different  mode 
still.  This  dissimilarity  has  occasioned  a  diversity  of  opinion  on 
the  theory  of  government,  which  will,  without  many  reciprocal 
concessions,  render  a  concurrence  impossible.  Although  the 
appointment  of  an  executive  magistrate  has  not  been  thought 
destructive  to  the  principles  of  democracy  in  many  of  the  States, 
yet,  in  the  course  of  the  debate,  we  find  objections  to  the  federal 
executive.  It  is  argued  that  the  President  will  degenerate  into 
a  tyrant.  I  intended,  in  compliance  with  the  call  of  the  honor- 
able member,  to  explain  the  reasons  of  proposing  this  Constitu- 
tion and  develop  its  principles  ;  but  I  shall  postpone  my  remarks 
till  we  hear  the  supplement,  which,  he  has  informed  us,  he  in- 
tends to  add  to  what  he  has  already  said." 

He  next  investigated  the  nature  of  the  government,  and 
whether  it  was  a  consolidated  system  as  had  been  urged  by 
Henry.  On  this  subject,  he  said,  "  there  are  a  number  of 
opinions  ;  but  the  principal  question  is  whether  it  be  a  federal 
or  consolidated  government.  In  order  to  judge  properly  of  the 
question  before  us,  we  must  consider  it  minutely  in  its  principal 
parts.  I  conceive  myself  that  it  is  of  a  mixed  nature  ;  it  is  in  a 
manner  unprecedented.  We  cannot  find  one  express  example  in 
the  experience  of  the  world.  It  stands  by  itself.  In  some  re- 
spects it  is  a  government  of  a  federal  nature  ;  in  others  it  is  of 
a  consolidated  nature.  Even  if  we  attend  to  the  manner  in 
which  the  Constitution  is  investigated,  ratified,  and  made  the  act 
of  the  people  of  America,  I  can  say,  notwithstanding  what  the 
honorable  gentleman  has  alleged,  that  this  Government  is  not 
completely  consolidated,  nor  is  it  entirely  federal.  Who  are 
parties  to  it  ?  The  people — but  not  the  people  as  composing  one 


VIRGINIA   CONVENTION    OF    1788.  135 

great  body  ;  but  the  people  as  composing  thirteen  sovereignties. 
Were  it,  as  the  gentleman  asserts,  a  consolidated  government, 
the  assent  of  the  majority  of  the  people  would  be  sufficient  for 
its  establishment  ;  and  as  a  majority  has  adopted  it  already,  the 
remaining  States  would  be  bound  by  the  act  of  the  majority, 
even  if  they  unanimously  reprobated  it.  Were.it  such  a  gov- 
ernment as  suggested,  it  would  now  be  binding  upon  the  people 
of  this  State,  without  their  having  had  the  privilege  of  deliberating 
upon  it.131  But,  sir,  no  State  is  bound  by  it,  as  it  is  without  its 
own  consent.  Should  all  the  States  adopt  it,  it  will  thtn  be  a 
government  established  by  the  thirteen  States  of  America,  not 
through  the  intervention  of  the  legislature,  but  by  the  people  at 
large.  In  this  particular  respect  the  distinction  between  the  ex- 
isting and  proposed  governments  is  very  material.  The  existing 
system  has  been  derived  from  the  dependent  derivative  au- 
thority of  the  legislatures  of  the  States  ;  whereas  this  is  derived 
from  the  superior  power  of  the  people.  If  we  look  at  the  man- 
ner in  which  alterations  are  to  be  made  in  it,  the  same  idea  is  in 
some  degree  attended  to.  By  the  new  system  a  majority  of  the 
States  cannot  introduce  amendments;  nor  are  all  the  States  re- 
quired for  that  purpose.  Three-fourths  of  them  must  concur  in 
alterations ;  in  this  there  is  a  departure  from  the  federal  idea. 
The  members  to  the  national  House  of  Representatives  are  to 
be  chosen  by  the  people  at  large,  in  proportion  to  the  numbers 
in  the  respective  districts.  When  we  come  to  the  Senate,  its 
members  are  elected  by  the  States  in  their  equal  and  political 
capacity.  But  had  the  Government  been  completely  consolidated, 
the  Senate  would  have  been  chosen  by  the  people  in  their  indi- 
vidual capacity,  in  the  same  manner  as  the  members  of  the  other 
house.  Thus  it  is  of  a  complicated  nature,  and  this  complica- 
tion will,  I  trust,  be  found  to  exclude  the  evils  of  absolute  con- 
solidation, as  well  as  of  a  mere  confederacy.  If  Virginia  was 
separated  from  all  the  States,  her  power  and  authority  would  ex- 
tend to  all  cases  ;  in  like  manner,  were  all  powers  vested  in  the 
general  Government  it  would  be  a  consolidated  government;  but 
the  powers  of  the  Federal  Government  are  enumerated  ;  it  can 


131  This  is  an  obvious  sophism.  Each  State  is  called  upon  in  the  usual 
mode  to  say  whether  a  particular  system,  be  that  system  what  it  may, 
shall  be  henceforth  its  plan  of  government.  Its  mode  of  assent  or 
dissent  from  the  scheme  cannot  be  called  a  part  of  the  scheme  itself. 


136  VIRGINIA    CONVENTION    OF    1788. 

only  operate  in  certain  cases  ;  it  has  legislative  powers  on  de- 
fined and  limited  objects,  beyond  which  it  cannot  extend  its  juris- 
diction." 

This  reasoning  of  Madison,  in  seeking  to  establish  the  nature 
of  a  government  from  the  mode  of  conducting  elections  pre- 
scribed by  the  rule  creating  it,  is  sophistical  and  unjust,  and  wars 
at  once  with  sound  philosophy  and  simple  truth.  Had  William 
the  Third  been  elected  under  the  declaration  of  right  by  the 
people  of  Great  Britain,  assembled  at  the  polls,  instead  of  a  con- 
vention of  both  houses  of  Parliament,  the  nature  of  the  govern- 
ment which  he  was  invited  to  administer  would  not  have  been 
altered  by  the  change,  rie  would  still  have  been  the  King  of 
England,  the  occupant  of  a  hereditary  throne,  bound  to  rule 
according  to  the  instrument  which  contained  his  right  to  the 
crown.  Nor  is  the  case  altered  by  the  frequent  recurrence  of 
elections  under  a  particular  system.  The  mode  of  electing  the 
agents  of  that  system  cannot  affect  the  nature  of  the  system 
itself,  which  is  fixed  and  unalterable  except  in  the  way  agreed  upon 
by  its  framers.  It  is  evident  that  Madison  believed  the  new 
government  to  be  a  consolidated  system.  The  favorite  term  of 
a  complete  consolidation  is  a  mere  play  upon  words.  A  govern- 
ment must  be  either  integral  or  federal.  In  can  no  more  be  both 
than  an  individual  can — like  the  fabulous  centaur  of  antiquity,  be 
at  one  and  the  same  time  half  a  man  and  half  a  brute.  If  he  is 
human  at  all  he  is  human  all  over;  if  he  is  a  brute  at  all  he  is  a 
brute  all  over.  So  with  a  collection  of  human  beings  united  in 
a  political  system.  If  that  system  is  integral  at  all  it  is  wholly 
integral ;  if  federal  at  all  it  is  wholly  federal.  Details  may  com- 
plicate and  disguise,  but  cannot  alter  the  nature  of  the  thing. 

Thus  the  new  constitution  was  the  chart  of  a  strictly  federal 
system.  Had  not  Madison  been  swayed  by  early  prepossessions, 
his  admirable  powers  of  analysis  and  his  unrivalled  stores  of 
historic  lore  would  have  enabled  him  to  furnish  a  conclusive 
answer  to  the  arguments  of  Mason  and  of  Henry,  and  to  force 
those  able  men  from  their  strongest  ground  to  a  contest  on  the 
mere  details  of  the  constitution — a  ground  peculiarly  his  own. 
Ten  years  later  the  true  argument  would  instantly  have  risen  to 
his  lips.  He  would  have  said  that  compacts  between  States,  like 
compacts  between  private  persons,  might  be  as  various  as  the 
necessities  or  interests  of  the  parties  should  require ;  that  a  com- 


VIRGINIA   CONVENTION    OF    1788.  137 

pact  which  should  embrace  an  infinite  variety  of  details  bearing 
directly  or  indirectly  on  persons  and  things,  however  voluminous, 
was  as  strictly  a  federal  alliance  as  an  ordinary  treaty  of  a  few 
sections.  Under  the  Confederation,  he  might  have  said,  the  legis- 
lative, judicial  and  executive  powers  were  vested  in  a  single  body 
which  might  exercise  them  in  the  manner  most  conducive  to  the 
public  welfare  ;  that  revenue  was  obtained  by  requisitions  on  the 
States  ;  and  that  all  control  over  the  customs  was  denied  to  Con- 
gress;  that  the  same  parties  which  made  these  arrangements 
could  abolish  them  and  substitute  others  in  their  place  ;  might 
decree  that  the  legislative,  judicial  and  executive  powers  should 
be  exercised  by  separate  bodies  under  certain  limitations  ;  that 
money  should  be  obtained  by  levying  a  tax  on  persons  and  things 
in  any  given  mode ;  that  the  entire  revenue  accruing  from  customs 
should  be  appropriated  by  the  central  agency  ;  that  these  and 
other  changes  might  be  made,  and  that  the  nature  of  the  federal 
alliance,  however  changed  in  outward  form,  would  be  no  more 
changed  in  reality  than  an  individual  would  be  changed  by  throw- 
ing off  the  clothing  of  one  season  and  putting  on  the  clothing  of 
another. 

When  Madison  had  concluded  his  review  of  the  nature  of  the 
proposed  Government,  he  adverted  to  the  argument  of  Henry 
against  the  large  powers  which  had  been  conferred  by  the  Consti- 
tution on  Congress.  "I  conceive,"  he  said,  "that  the  first  ques- 
tion on  this  subject  is  whether  these  powers  be  necessary;  if  they 
be,  we  are  reduced  to  the  dilemma  of  either  submitting  to  the 
inconvenience  or  of  losing  the  Union.  Let  us  consider  the  most 
important  of  these  reprobated  powers ;  that  of  direct  taxation  is 
most  generally  objected  to.  With  respect  to  the  exigencies  of 
government,  there  is  no  question  but  the  most  easy  mode  for 
providing  for  them  will  be  adopted.  When,  therefore,  direct 
taxes  are  not  necessary  they  will  not  be  recurred  to.  It  can  be 
of  little  advantage  to  those  in  power  to  raise  money  in  a  manner 
oppressive  to  the  people.  To  consult  the  conveniences  of  the 
people  will  cost  them  nothing,  and  in  many  respects  will  be  ad- 
vantageous to  them.  Direct  taxes  will  only  be  recurred  to  for 
great  purposes.  What  has  brought  on  other  nations  those  im- 
mense debts,  under  the  pressure  of  which  many  of  them  labor  ? 
Not  the  expenses  of  their  governments,  but  war.  If  this  country 
should  be  engaged  in  war — and  I  conceive  we  ought  to  provide 


138  VIRGINIA    CONVENTION    OF    1788. 

for  the  possibility  of  such  a  case — how  would  it  be  carried  on  ? 
By  the  usual  means  provided  from  year  to  year?  As  our  im- 
ports will  be  necessary  for  the  expenses  of  government  and  other 
common  exigencies,  how  are  we  to  carry  on  the  means  of  de- 
fense? How  is  it  possible  a  war  could  be  supported  without 
money  or  credit  ?  And  would  it  be  possible  for  a  government  to 
have  credit  without  having  the  power  of  raising  money  ?  No  ; 
it  would  be  impossible  for  any  government  in  such  a  case  to  de- 
fend itself.  Then,  I  say,  sir,  that  it  is  necessary  to  establish 
funds  for  extraordinary  exigencies,  and  to  give  this  power  to  the 
general  Government  ;  for  the  utter  inutility  of  previous  requisi 
tions  upon  the  States  is  too  well  known.  Would  it  be  possible 
for  those  countries,  whose  finances  and  revenues  are  carried  to 
the  highest  perfection,  to  carry  on  the  operations  of  government 
on  great  emergencies,  such  as  the  maintenance  of  a  war,  without 
an  uncontrolled  power  of  raising  money?  Has  it  not  been 
necessary  for  Great  Britain,  notwithstanding  the  facility  of  the 
collection  of  her  taxes,  to  have  recourse  very  often  to  this  and 
other  extraordinary  methods  of  procuring  money  ?  Would  not 
her  public  credit  have  been  ruined  if  it  was  known  that  her  power 
to  raise  money  was  limited?  Has  not  France  been  obliged  on 
great  occasions  to  use  unusual  means  to  raise  funds  ?  It  has 
been  the  case  in  many  countries,  and  no  government  can  exist 
unless  its  powers  extend  to  make  provisions  for  every  contin- 
gency. If  we  were  actually  attacked  by  a  powerful  nation,  and 
our  general  Government  had  not  the  power  of  raising  money, 
but  depended  solely  on  requisitions,  our  condition  would  be  truly 
deplorable ;  if  the  revenue  of  this  Commonwealth  were  to  de- 
pend on  twenty  distinct  authorities,  it  would  be  impossible  for  it 
to  carry  on  its  operations.  This  must  be  obvious  to  every  mem- 
ber here;  I  think,  therefore,  that  it  is  necessary,  for  the  preser- 
vation of  the  Union,  that  this  power  shall  be  given  to  the  general 
Government." 

It  had  been  urged  by  Henry  and  Mason  that  the  consolidated 
nature  of  the  Government,  combined  with  the  power  of  direct 
taxation,  would  eventually  destroy  all  subordinate  authority,  and 
result  in  the  absorption  of  the  State  governments.  Madison 
thought  that  this  would  not  be  the  case.  "  If  the  general  Gov- 
ernment," he  said,  "  were  wholly  independent  of  the  govern- 
ments of  the  particular  States,  then  indeed,  usurpation  might  be 


VIRGINIA    CONVENTION    OF    1788.  139 

expected  to  the  fullest  extent.  But,  sir,  on  whom  does  this  gen- 
eral Government  depend  ?  It  derives  its  authority  from  these 
governments,  and  from  the  same  sources  from  which  their  au- 
thority is  derived.  The  members  of  the  Federal  Government 
are  taken  from  the  same  men  from  whom  those  of  the  State  leg- 
islatures are  taken.  If  we  consider  the  mode  in  which  the  fed- 
eral representatives  will  be  chosen,  we  shall  be  convinced  that 
the  general  will  never  destroy  the  individual  governments  ;  and 
this  conviction  must  be  strengthened  by  an  attention  to  the  con- 
struction of  the  Senate.  The,  representatives  will  be  chosen 
probably  under  the  influence  of  the  members  of  the  State  legis- 
latures ;  but  there  is  not  the  least  probability  that  the  election  of 
the  latter  will  be  influenced  by  the  former.  One  hundred  and 
sixty  members  represent  this  Commonwealth  in  one  branch  of 
the  legislature,  are  drawn  from  the  people  at  large,  and  must  ever 
possess  more  influence  than  the  few  men  who  will  be  elected  to 
the  general  legislature." 

He  concluded  by  showing  that  the  members  of  Congress 
would  depend  for  their  election  on  the  popular  men  in  the  differ- 
ent counties,  and  the  members  of  the  Senate,  appointed  by  the 
legislatures,  would  not  be  likely  to  forget  or  defy  the  source  of 
their  existence ;  that  the  biennial  exclusion  of  one-third  of  the 
number  of  Federal  senators  would  lessen  the  facility  of  combi- 
nations;  that  the  members  of  Congress  had  hitherto  "signalized 
themselves  by  their  attachment  to  their  seats,"  and  were  not 
likely  to  neglect  the  interests  of  their  constituents  :  closing  this 
remarkable  speech  in  these  words:  "I  wish  this  Government 
may  answer  the  expectation  of  its  friends,  and  foil  the  apprehen- 
sions of  its  enemies.  I  hope  the  patriotism  of  the  people  will 
continue,  and  be  a  sufficient  guard  to  their  liberties.  I  believe 
its  tendency  will  be  that  the  State  governments  will  counteract 
the  general  interest  and  ultimately  prevail.  The  number  of  rep- 
resentatives is  yet  sufficient  for  our  safety  and  will  gradually  in- 
crease ;  and  if  we  consider  their  different  sources  of  information, 
the  number  will  not  appear  too  small." 

It  must  ever  be  a  source  of  regret  to  the  student  of  history 
that  a  more  extended  report  of  this  speech,  revised  by  its  author, 
has  not  been  preserved.  With  all  the  faithful  care  of  Robertson 
the  existing  report  is  hardly  more  than  an  outline  of  the  original. 
The  beautiful  philosophy  with  which  he  illustrated  the  various 


140  VIRGINIA    CONVENTION    OF    1788. 

causes  which  led  to  the  loss  of  liberty  among  the  nations  of  the 
earth  wholly  escaped  the  reporter  ;  and  when,  forty  years  later, 
an  opportunity  was  presented  on  the  republication  of  the  debates 
to  fill  the  void,  a  refined  sense  of  delicacy,  which  we  may  admire 
while  we  deplore  the  result,  impelled  him  to  decline  it. 

But,  however  attractive  and  eloquent  was  the  performance  of 
Randolph  ;  however  rich  in  the  philosophy  of  history  and  in  its 
application  to  the  subject  in  hand,  and  in  its  wonderful  display 
of  the  probable  working  of  the  new  system,  was  the  effort  of 
Madison ;  the  speech  which  was  now  to  be  made,  was,  in  logical 
vigor  and  practical  sense,  and  in  its  present  force  on  a  popular 
body,  perhaps  more  effective  than  either  of  its  predecessors  of 
this  remarkable  day. 

George  Nicholas  succeeded  Madison  in  the  debate.  Of  all 
the  friends  of  the  Constitution  he  was  the  most  formidable  to 
Henry.  His  perfect  acquaintance  with  all  the  local  and  domestic 
topics  of  State  policy,  and  especially  of  the  whole  system  of 
legislation,  in  which  he  was  a  prominent  actor  since  the  dawn  of 
the  Commonwealth;  his  connections  by  descent  and  affinity  with 
the  old  aristocratic  families  ;  his  physical  qualities,  which  made 
him  equally  fearless  in  the  House  and  out  of  the  House,  were 
evinced  by  his  civil  and 'military  career  since  manhood  ;  his  great 
powers  of  minute  and  sustained  argumentation,  so  minute  and  so 
sustained  that  posterity  in  perusing  the  debates  of  the  Convention 
will  hesitate  in  awarding  the  palm  of  superiority  to  Madison;  his 
expositions  of  the  Constitution  more  elaborate  in  their  details 
than  those  of  Madison,  added  to  his  character  of  a  thorough  and 
unflinching  representative  of  the  patrimonial  feuds  and  preju- 
dices with  which  from  his  early  life  Henry  had  been  continually 
battling,  made  his  opposition  not  only  unwelcome  but  galling  to 
the  opponents  of  the  new  system.  It  was  alike  difficult  to  evade 
and  repel  his  attacks.  Henry  would  neutralize  the  speeches  of 
Madison  by  the  thunders  of  his  oratory,  and  he  could  throw 
Randolph  from  his  balance  by  a  covert  sarcasm  discernible  only 
by  the  person  who  felt  its  sting  ;  but  neither  oratory  nor  sarcasm 
availed  in  a  contest  with  Nicholas,  who  was  as  potent  in  the  war 
of  wit  as  he  was  irresistible  by  the  force  of  his  logic.  Not  that 
Nicholas  possessed  or  coveted  wit  in  its  higher  manifestations  ; 
but  his  knowledge  of  his  opponents  had  supplied  him  with  such 
an  array  of  facts  bearing  on  their  past  history,  that,  by  a  mar- 


VIRGINIA    CONVENTION    OF    1788.  141 

shalling  of  their  absurdities  and  inconsistencies,  he  could  pro- 
duce in  the  way  of  argument  an  effect  similar  to  that  wrought  by 
a  faculty  which  he  did  not  possess,  and  of  which  in  his  busy  and 
speculating  life  he  never  felt  the  want.  He  now  rose  to  address 
himself  specially  to  Henry,  and  analyzed  his  arguments  with  a 
severity  of  discrimination  that  neither  Madison,  who  never  forgot 
the  statesman  in  the  debates,  nor  Randolph,  who,  under  the 
pressure  of  the  interminable  topics  crowding  upon  him,  was 
compelled  to  pass  over  many,  and  to  touch  lightly  upon  others, 
could  not  well  imitate.  On  this  occasion,  as  on  others,  Nicholas 
was  fortunate  in  his  reporter.  He  discussed  a  single  topic  at  a 
time ;  his  style  of  argument  was  clear  and  was  within  the  reach 
of  the  stenographer,  who,  by  the  aid  of  his  recollections  and  by 
his  own  skill  in  argument,  could  impart  a  completeness  to  a  speech 
of  Nicholas,  which  is  almost  wholly  wanting  to  the  speeches  of 
Henry  and  Randolph,  and  even  of  Madison. 

He  began  by  saying  that  if  the  resolution  taken  by  the  House 
of  going  regularly  through  the  system,  clause  by  clause,  had 
been  followed,  he  could  have  confined  himself  to  one  particular 
paragraph;  but  as,  to  his  surprise,  the  debates  have  taken  a  dif- 
ferent turn,  he  would  follow  the  train  of  the  argument  of  the 
gentleman  in  opposition.  Then,  addressing  himself  to  Henry, 
1 '  the  worthy  gentleman, ' '  he  said,  "  entertained  us  very  largely  on 
the  impropriety  and  dangers  of  the  powers  given  by  this  plan 
to  the  general  Government;  but  his  argument  appears  to  me  in- 
conclusive and  inaccurate.  It  amounts  to  this  :  that  the  powers 
given  to  any  government  ought  to  be  small ;  a  new  idea  in  poli- 
tics. Powers  being  given  for  some  certain  purpose  ought  to  be 
proportionate  to  that  purpose,  or  else  the  end  for  which  they 
were  delegated  will  not  be  assured.  If  a  due  medium  be  not 
observed  in  the  delegation  of  such  powers,  one  of  two  things 
must  happen  :  if  they  be  too  small,  the  Government  must  moulder 
and  decay  away  ;  if  too  extensive,  the  people  must  be  oppressed. 
As  there  can  be  no  liberty  without  government,  it  must  be  as 
dangerous  to  make  powers  too  limited  as  too  great.  He  objects 
to  the  expression  '  We,  the  people,'  and  demands  the  reason 
why  they  had  not  said,  '  We,  the  United  States  of  America.'  In 
my  opinion,  the  expression  is  highly  proper:  it  is  submitted  to 
the  people,  because  on  them  it  is  to  operate ;  till  adopted,  it  is  but 
a  dead  letter,  and  not  binding  on  any  one  ;  when  adopted,  it 


142  VIRGINIA    CONVENTION    OF    1788. 

becomes  binding  on  the  people  who  adopted  it.  It  is  proper  on 
another  account.  We  are  under  great  obligations  to  the  Federal 
Convention  for  securing  to  the  people  the  source  of  all  power." 
He  then  animadverts  on  the  difficulties  apprehended  from  two 
sets  of  collectors,  from  direct  taxes,  from  a  reduction  of  the 
number  of  representatives,  from  being  taxed  without  our  con- 
sent, from  the  suspension  of  the  writ  of  habeas  corpus,  and  from 
the  want  of  responsibility,  discussing  each  topic  with  syllogistic 
force,  and  following  Henry  step  by  step  throughout  his  speech. 
One  argument  on  the  subject  of  Northern  influence  has  an  inter- 
est at  this  day.  "  The  influence,"  he  observed,  "of  New  Eng- 
land and  the  .other  Northern  States  is  dreaded;  there  are  appre- 
hensions of  their  combining  against  us.  Not  to  advert  to  the 
improbability  and  illiterality  of  this  idea,  it  must  be  supposed 
that  our  population  will  in  a  short  period  exceed  theirs,  as  their 
country  is  well  settled,  and  we  have  very  extensive  uncultivated 
tracts.  We  shall  soon  outnumber  them  in  as  great  a  degree  as 
they  do  us  at  this  time ;  therefore,  this  Government,  which,  I 
trust,  will  last  to  the  remotest  ages,  will  be  very  shortly  in  our 
favor."  His  answer  to  the  argument  on  the  want  of  responsi- 
bility in  the  representatives  of  the  new  Constitution  shows  the 
summary  manner  in  which  he  dealt  with  the  objections  of  Henry. 
"  We  are  told,"  he  said,  "that  there  is  wanting  in  this  Govern- 
ment that  responsibility  which  has  been  the  salvation  of 
Great  Britain,  although  one-half  of  the  House  of  Commons  pur- 
chase their  seats.  It  has  already  been  shown  that  we  have  much 
greater  security  from  our  federal  representatives  than  the  people 
in  England  can  boast.  But  the  worthy  member  has  found  out  a 
way  of  solving  our  difficulties.  He  tells  us  that  we  have  nothing 
to  fear  if  separated  from  the  adopting  States  ;  but  to  send  on  our 
money  and  men  to  Congress.  In  that  case,  can  we  receive  the 
benefits  of  the  union  ?  If  we  furnish  money  at  all,  it  will  be  our 
proportionate  share.  The  consequence  will  be  that  we  shall  pay 
our  share  without  the  privilege  of  being  represented.  So  that, 
to  avoid  the  inconvenience  of  not  having  a  sufficient  number  of 
representatives,  he  would  advise  us  to  relinquish  the  number  we 
are  entitled  to,  and  have  none  at  all."  This  speech  would  have 
been  received  in  such  a  body  as  the  House  of  Commons  with 
heartier  applause  than  either  the  speech  of  Randolph  or  the 
speech  of  Madison.  It  is,  however,  the  speech  rather  of  a  wily 


VIRGINIA   CONVENTION    OF    1788.  143 

logician  whose  paramount  object  is  to  overthrow  his  opponent, 
than  of  a  politician  who  embraces  in  his  view  the  interests  of  a 
remote  posterity.  It  is  the  speech  of  an  emissary  of  Westmin- 
ster Hall  entering  St.  Stephen's  on  a  special  retainer,  and  in- 
structed to  answer  Burke's  speech  on  American  conciliation. 

At  the  close  of  the  speech  of  Nicholas,  the  House  rose  and 
cordial  greetings  were  exchanged  by  the  friends  of  the  Constitu- 
tion. Even  their  opponents  could  not  deny  that  three  such 
speeches  as  had  been  delivered  at  that  sitting  had  never  before 
been  heard  in  a  single  day  in  a  deliberative  assembly  of  Virginia. 
A  contemporaneous  account  has  come  down  to  us.  Immediately 
on  the  adjournment,  Bushrod  Washington  wrote  to  his  uncle 
that  Governor  Randolph  made  an  able  and  elegant  harangue  of 
two  hours  and  a  half;  that  Madison  followed  with  such  force  of 
reasoning  and  a  display  of  such  irresistible  truths  that  opposition 
seemed  to  have  quitted  the  field,  and  that  Nicholas  concluded 
the  day  with  a  very  powerful  speech  inferior  to  none  that  had 
been  made  before  as  to  close  and  connected  argument.  Wash- 
ington went  so  far  as  to  say  that  Madison's  speech  had  made 
several  converts  to  the  Constitution.132 

On  the  following  day  (Saturday,  the  seventh  of  June),  as  soon 
as  some  election  details  were  disposed  of,  Wythe  was  called  to 
the  chair  of  the  committee,  the  first  and  second  sections  of  the 
Constitution  still  under  consideration.  While  the  expectation 
of  the  public  was  eager  to  hear  the  reply  of  Henry  to  the  three 
powerful  opponents  who  had  spent  the  whole  of  the  previous  day 
in  answering  his  objections  to  the  Constitution,  a  young  man 
whose  person  was  unknown  to  the  elder  spectators,  rose  and  pro- 
ceeded to  address  the  House  in  defence  of  the  new  plan.  Francis 
Corbin  m  was  descended  from  an  ancestor  who,  near  the  middle 

132  B.  Washington  to  G.  Washingtofi,  June  6,  1788 .—  Writings  of  Wash- 
ington, IX,  378,  note.     When  Nicholas  made  this  speech  he  was  thirty- 
two ;  Madison  and   Randolph,  both  of  whom  were  born  in  1751,  were 
thirty-seven. 

133  Of  the  lineage  of  Robert  Corbion  or  Corbin,  who  gave  lands  to 
the  Abbey  of  Talesworth  in  1154  and  1161.     Francis  Corbin  was  third 
in  descent  from  Henry  Corbin  (and  his  wife,  Alice  Eltonhead),  born 
1629;  came  to  Virginia  1654;  member  of  the  House  of  Burgesses  for 
old  Lancaster  county,  1658-9  and  of  the  Council  from  1663  to  his  death, 
January  8,  1675 ;  acquired  a  great  landed  estate,  his  seat  being  "  Buck- 


144  VIRGINIA    CONVENTION    OF    1788. 

of  the  seventeenth  century,  had  emigrated  to  the  Colony,  who 
had  acquired  great  wealth,  and  who  had  risen  to  distinction  in 
the  public  councils.  From  the  date  of  the  arrival  of  the  ancestor 
to  that  of  the  Revolution  the  family  which  he  founded  had  en- 
joyed high  consideration,  and  in  the  public  acts  and  in  the  civil 
and  religious  proceedings  relative  to  the  county  of  Middlesex  the 
name  of  Corbin  always  appears  with  honor.134  Inheriting  from 
the  patriarch  of  his  race  a  reverence  for  kingly  government,  the 
representative  of  the  family  at  the  Revolution,  then  advanced  in 
life,  had  been  suspected  of  co-operating  with  some  of  his  rela- 
tives who  had  taken  sides  with  the  Bristish,  and  had  been  placed 
under  surveillance  by  the  Convention  of  1775.  Francis,  then  a 
mere  lad,  was  sent  over  to  England  and  had  spent  the  entire 
period  of  the  war  of  the  Revolution  in  attendance  on  British 
schools  and  at  the  University.  On  his  return,  he  soon  entered 
the  Assembly,  where  his  fine  person,  his  polished  manners,  his 
talents  in  debate,  his  knowledge  of  foreign  affairs,  aided  by  the 
prestige  of  an  ancient  name,  were  observed  and  applauded.  He 
was  not  far  from  thirty  and  had  opposed  the  passage  of  the  reso- 
lution convoking  the  meeting  of  Annapolis;135  but,  fascinated 
by  its  supposed  beauties,  had  given  in  his  adhesion  to  the  new 
system.  The  speech  which  he  made  sustains  the  reputation 
which  he  had  acquired  in  the  House  of  Delegates  and  fully 
evinces  the  zeal  and  success  with  which,  amid  the  allurements  of 
a  fashionable  residence  abroad,  he  had  cultivated  the  powers  of 
his  mind  and  the  strict  observation  with  which  he  had  surveyed 
the  political  systems  of  that  age.  He  made  a  neat  apology  for 
engaging  in  a  debate  in  which  so  many  older  and  abler  men  had 
taken  part  and  replied  in  detail  to  the  arguments  of  Henry.  His 

ingham  House,"  in  Middlesex  county.  He  was  born  in  1760;  sent  to 
England  at  an  early  age  and  educated  at  Canterbury  school,  Cambridge, 
and  at  the  Inner  Temple  ;  returned  to  Virginia  about  1783  and  resided  at 
"Buckingham  House,"  and  subsequently  at  "The  Reeds,"  Caroline 
county  ;  memoer  of  the  House  of  Delegates  from  Middlesex  county 
1787-1793  and  other  years,  and  of  the  Convention  of  1788;  died  June 
15,  1821;  married  Anne  Munford,  of  "  Blandfield,"  Essex  county, 
Virginia. — ED. 

134  Bishop  Meade's  Old  Churches,  &c.,  I,  357. 

135  Mr.   Madison  states  that  Meriwether  Smith  and  Corbin  were  the 
only  persons  who  spoke  against  the  Annapolis  resolution.     Madison  to 
Monroe,  January  22,  1786.     See  the  letter  in  Rives'  Madison,  II,  65. 


VIRGINIA   CONVENTION   OF    1788.  •          145 

definition  of  the  new  system  was  ingenious.  "There  are  contro- 
versies," he  observed,  "about  the  name  of  this  Government.  It 
is  denominated  by  some,  federal ;  by  others,  a  consolidated  gov- 
ernment. The  definition  given  of  it  by  my  honorable  friend  (Mr. 
Madison)  is,  in  my  opinion,  accurate.  Let  me,  however,  call  it 
by  another  name — a  representative  federal  republic — as  contra- 
distinguished from  a  confederacy.  The  former  is  more  wisely 
constructed  than  the  latter.  It  places  the  remedy  in  the  hands 
which  feel  the  disorder  ;  the  other  places  the  remedy  in  those 
hands  which  cause  the  disorder."  Another  view  of  this  young 
statesman  displayed  a  perspicuity  which  was  not  so  fully  appar- 
ent among  his  more  prominent  coadjutors  and  deserves  to  be 
recorded.  The  hostility  manifested  by  the  opponents  of  the 
Constitution  was  founded  very  much  upon  the  belief  that  the 
ordinary  revenues  of  the  new  Government  would  be  drawn  from 
that  source  ;  and  had  such  been  the  result,  it  is  hardly  probable 
that  the  new  system  would  have  survived  the  last  century.  Cor- 
bin  saw  the  danger  to  which  the  Constitution  was  exposed  from 
such  a  quarter,  and  having  examined  with  uncommon  pains  and 
research  all  the  records  and  other  sources  of  intelligence  within 
his  reach,  showed  that  "  the  probable  annual  amount  of  duties 
on  imported  articles  throughout  the  continent,  including  West 
India  produce,  would,  from  the  best  calculation  he  could  procure, 
exceed  the  annual  expenses  of  the  administration  of  the  general 
Government,  including  the  civil  list,  contingent  charges,  and  the 
interest  of  the  foreign  and  domestic  debts,  by  eighty  or  ninety 
thousand  pounds  ;  which  would  enable  the  United  States  to  dis- 
charge in  a  few  years  the  principal  debts  due  to  foreign  nations  ; 
and  that  in  thirty  years  that  surplus  would  enable  the  United 
States  to  perform  the  most  splendid  enterprises."  He  then  con- 
cluded that  no  danger  was  to  be  apprehended  from  the  power 
of  direct  taxation  "since  there  was  every  reason  to  believe  that 
it  would  be  very  seldom  used  " — a  prediction  which,  but  for  two 
special  exceptions  of  short  duration,  would  have  almost  been 
strictly  verified.136 

we  Written  in  1857.  Corbin,  in  describing  Henry's  style,  speaks  of 
"  the  elegance  of  his  periods,"  and  he  was  familiar  with  the  best 
models  of  that  age.  He  also  alludes  to  a  motion  made  in  the  House 
of  Delegates  in  1789,  which  Henry  approved,  of  vesting  in  Congress 


146          .  VIRqiNIA    CONVENTION    OF    1788. 

He  spoke  nearly  an  hour,  and,  on  taking  his  seat  was  warmly 
congratulated  on  his  chaste  and  statesmanlike  effort.  Henry 
then  rose  and  expressed  a  wish  that  Randolph  should  continue 
his  observations  left  unfinished  the  day  before,  and  that  he  would 
now  give  him,  as  he  had  already  done,  a  most  patient  hearing,  as 
he  wished  to  be  informed  of  everything  that  gentlemen  could 
urge  in  defence  of  that  system  which  appeared  to  him  so  defect- 
ive. Randolph  resumed  his  remarks,  and  spoke  at  great  length 
and,  perhaps,  with  even  greater  ability  than  he  had  yet  done, 
reviewing  what  had  been  said  by  his  opponents,  pointing  out  in 
detail  the  defects  of  the  Confederation,  and  stating  some  of  the 
defects  of  the  proposed  system  which  had  led  him  to  withhold 
his  signature  from  it  in  the  General  Convention.  He  gave  way 
to  Madison,  who  made,  perhaps,  the  most  elaborate  and  the  most 
profound  speech  delivered  during  the  entire  session  of  the  Con- 
vention, in  which  he  exhibited  with  the  skill  of  a  political  phil- 
osopher the  nature  and  defects  of  the  Amphyctionic  and  Achaian 
leagues  of  the  Germanic  body  of  the  Swiss  Confederation,  and 
of  the  confederate  government  of  Holland,  not  overlooking  the 
ancient  union  of  the  colonies  of  Massachusetts,  Bristol,  Con- 
necticut, and  New  Hampshire,  quoting  his  authorities  in  full,  and 
concluding  with  an  application  of  all  the  facts  and  reasons  of  his 
grand  argument  to  the  case  in  hand.  Henry  rose  in  reply.  He 
spoke  of  the  value  of  maxims,  which  have  attracted  the  admira- 
tion of  the  virtuous  and  the  wise  in  all  nations,  and  have  stood 
the  shock  of  ages — that  the  bill  of  rights  of  Virginia  contains 
those  admirable  maxims  dear  to  every  friend  of  liberty,  of  virtue 
and  manhood  ;  that  their  observance  was  essential  to  our  security; 
that  it  was  impiously  inviting  the  avenging  hand  of  Heaven, 
when  a  people,  who  are  in  the  full  enjoyment  of  freedom,  launch 
out  in  the  wide  ocean  of  human  affairs,  and  desert  those  maxims 
which  alone  can  preserve  liberty.  "  Now,  sir,"  he  said,  "  let  us 
consider  whether  the  picture  given  of  American  affairs  ought  to 
drive  us  from  those  beloved  maxims.  The  honorable  gentle- 
man (Randolph)  has  said  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 

the  power  of  forcing  delinquent  States  to  pay  their  respective  quotas, 
without,  however,  alluding  to  Henry's  course  on  that  occasion. 


VIRGINIA    CONVENTION    OF    1788.  147 

so  glaring.  That  honorable  member  will  not  accuse  me  of  want 
of  candor,  when  I  cast  in  my  mind  what  he  has  given  the  pub- 
lic,137 and  compare  it  with  what  has  happened  since.  It  seems  to 
me  very  strange  and  unaccountable  that  that  which  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 !  I  never  can  believe, 
sir,  that  it  is  too  late  to  save  all  that  is  precious.  At  present,  we 
have  our  liberties  and  privileges  in  our  own  hands.  Let  us  not 
adopt  this  system  till  we  see  them  secure.  There  is  some  small 
possibility  that  should  we  follow  the  conduct  of  Massachusetts, 
amendments  might  be  obtained.  There  is  a  small  possibility  of 
amending  any  government ;  but,  sir,  shall  we  abandon  our  most 
inestimable  rights,  and  rest  their  security  on  a  mere  possibility  ? 
If  it  be  amended  every  State  will  accede  to  it ;  but  by  an  impru- 
dent adoption  in  its  defective  and  dangerous  state,  a  schism  must 
inevitably  be  the  consequence.  I  can  never,  therefore,  consent 
to  hazard  our  most  inalienable  rights  on  an  absolute  uncer- 
tainty. You  are  told  that  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  comfort  in  other  parts  of  the  world — laws 
insulted — many  instances  of  tyrannical  legislation.  These  things 
are  new  to  me.  The  gentleman  has  made  the  discovery.  As  to 
the  administration  of  justice,  I  believe  that  failure  in  commerce 
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  our  Government,  I  believe  that  they  could  not  suffer 
by  a  comparison  with  those  who  administered  it  under  the  royal 
authority.  Where  is  the  cause  of  complaint  that  the  wealthy  go 
away  ?  Is  this,  added  to  the  other  circumstances,  of  such  enor- 
mity, and  does  it  bring  such  danger  over  this  Commonwealth  as 
to  warrant  so  important  and  so  awful  a  change  in  so  precipitate  a 

137  Governor  Randolph's  letter  to  the  Speaker  of  the  House  of  Dele- 
gates of  Virginia,  heretofore  alluded  to,  which  may  be  seen  in  Elliot's 
Debates,  I,  482. 


148  VIRGINIA   CONVENTION   OF    1788. 

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  it  was  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  mon- 
archs  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  exhib- 
ited against  it  appear  to  be  totally  groundless.  On  a  fair  investi- 
gation we  shall  be  found  to  be  surrounded  with  no  real  dangers." 
He  adverted  to  the  case  of  Josiah  Philips,  which  Randolph  had 
introduced,  and,  overlooking  the  fact  that  he  had  been  tried  on 
an  indictment  for  highway  robbery  and  not  under  the  act  of  at- 
tainder, justified  his  execution  on  the  ground  of  his  being  an  out- 
law and  enemy  of  the  human  race.  He  insisted  that  the  middle 
and  lower  ranks  of  the  people  were  not  discontented;  that  if 
there  were  discontents,  they  existed  among  politicians  whose 
microscopic  vision  could  see  defects  in  old  systems,  and  whose 
illuminated  imaginations  discovered  the  necessity  of  a  change. 
He  urged  that  by  the  confederation  the  rights  of  territory  were 
secured  ;  that  under  the  new  system,  you  will  most  infallibly 
lose  the  Mississippi.  He  declared  that  we  might  be  confederated 
with  the  adopting  States  without  ratifying  this  system.  "You 
will  find  no  reductions  of  the  public  burdens  by  this  system. 
The  splendid  maintenance  of  the  President,  and  of  the  members 
of  both  houses,  and  the  salaries  and  fees  of  the  swarm  of  officers 
and  dependents  of  the  Government,  will  cost  the  continent  im- 
mense sums.  Double  sets  of  collectors  will  double  the  expenses  ; 
to  those  are  to  be  added  oppressive  excise  men  and  custom- 
house officers.  The  people  have  an  hereditary  hatred  of  cus- 
tom-house officers.  The  experience  of  the  mother  country  leads 
me  to  detest  them."138 

138  The  hostility  to  tax  gatherers  of  all  kinds,  which  Henry  here  ex- 
pressed, as  on  several  other  occasions  during  the  session,  reminds  us 


VIRGINIA   CONVENTION   OF    1788.  149 

An  incident  in  the  delivery  of  this  speech  should  be  noted,  not 
so  much  on  its  own  account,  as  tending  to  show  the  temper  of 
Randolph  and  Henry  toward  each  other,  which  resulted  the  fol- 
lowing day  in  one  of  the  most  celebrated  parliamentary  explo- 
sions in  our  annals.  In  the  course  of  his  remarks  Henry  had 
animadverted  upon  the  words  "We,  the  people,"  as  designed  to 
appeal  to  the  prejudices  of  the  people.  "  The  words,"  he  con- 
tended, "were  introduced  to  recommend  it  to  the  people  at 
large — to  those  citizens  who  are  to  be  levelled  and  degraded  to  a 
herd,  and  who,  by  the  operation  of  this  blessed  system,  are  to  be 
transformed  from  respectable  independent  citizens  to  abject  de- 
pendent subjects  or  slaves.  The  honorable  gentleman  (Ran- 
dolph) has  anticipated  what  we  are  to  be  reduced  to  by  degrad- 
ingly  assimilating  us  to  a  herd."  Here  Randolph  rose  and 
said  that  he  did  not  use  that  word  to  excite  any  odium,  but 
merely  to  convey  an  idea  of  a  multitude.  Henry  replied  that 
the  word  had  made  a  deep  impression  on  his  mind,  and  that  he 
verily  believed  that  system  would  operate  as  he  had  said.  He 
then  said  :  "  I  will  exchange  that  abominable  word  for  requisi- 
tions— requisitions  which  gentlemen  affect  to  despise,  have  noth- 
ing degrading  in  them.  On  this  depends  our  political  prosperity. 
I  will  never  give  up  that  darling  word  requisitions.  My  country 
may  give  it  up.  A  majority  may  wrest  it  from  me  ;  but  I  will 
never  give  it  up  till  my  grave.  Requisitions  are  attended  with 
one  singular  advantage.  They  are  attended  by  deliberation." 

When  Henry  concluded  his  remarks  the  House  rose.  Thus 
closed  the  first  week  of  the  Convention,  during  which  we  have 
seen  that  Henry  stood  alone  in  opposition  to  a  phalanx  of  the 
ablest  men  of  that  era  ;  for,  with  the  exception  of  a  speech  from 
Mason,  he  had  received  no  assistance  from  his  friends.  It  was 
easy,  however,  to  perceive,  from  his  last  effort  as  well  as  from 
the  tone  of  his  opponents,  that,  instead  of  losing  ground,  he  was 
evidently  advancing  ;  that  his  arguments  were  more  compact  and 
guarded ;  that  his  sarcasm,  though  within  the  limits  of  the 
strictest  decorum,  wore  a  keener  edge,  and  that  he  would  either 


of  Dr.  Johnson's  definition  of  the  word  excise — "a  hateful  tax  levied 
upon  commodities,  and  adjudged,  not  by  the  common  judges  of  prop- 
erty, but  wretches  hired  by  those  to  whom  excise  is  paid." — Johnson's 
Folio  Dictionary,  Ed.  1765. 


150  VIRGINIA   CONVENTION    OF    1788. 

ultimately  triumph  or  make  the  victory  of  his  opponents  hardly 
worth  the  wearing.139 

139  It  was  often  remarked  by  the  contemporaries  of  Henry  that  his 
best  school  of  preparation  on  any  great  question  was  listening  to  the 
speeches  of  those  who  engaged  in  the  debate.  A  friend  informs  me 
that  he  "  spent  several  days  with  the  late  James  Marshall,  of  Fauquier, 
a  brother  of  the  Chief  Justice,  a  gentleman  of  almost  as  high  intellect 
as  the  Judge,  and  of  more  various  accomplishments,  who  told  him  that 
Henry's  opponents  in  debate,  to  contrast  their  knowledge  with  his 
want  of  it,  would  often  display  ostentatiously  all  they  knew  respecting 
the  subject  under  discussion,  and  that,  consequently,  when  they  were 
done  speaking  Mr.  Henry  knew  as  much  of  the  subject  in  hand  as  they 
did.  Then  the  superiority  of  his  intellect  would  show  itself  in  the  per- 
fect mastery  which  he  would  evince  over  the  whole  subject.  'And  if,' 
said  Mr.  Marshall,  'he  spoke  three  times  on  the  same  subject,  which 
he  sometimes  did,  his  last  view  of  it  would  be  the  clearest  and  most 
striking  that  could  be  conceived.'"  C.  C.  Lee,  Esq.,  letter  dated  De- 
cember 6,  1856. 


CHAPTER  IV. 

On  Monday,  the  ninth  of  June,  the  combatants,  refreshed  by 
the  rest  of  the  Sabbath,  returned  with  new  vigor  to  the  field. 
The  House  had  now  gone  through  with  the  election  details 
which  had  heretofore  consumed  the  first  half  hour  of  the  morn- 
ing, and  immediately  went  into  committee.  The  first  and  second 
sections  of  the  first  article  of  the  Constitution  were  still  the  nom- 
inal order  of  the  day ;  but  the  debate  from  the  first  had  compre- 
hended the  entire  scope  of  that  instrument.  The  rumors  of 
great  debates  had  spread  over  the  neighboring  counties,  and  the 
crowd  that  pressed  the  hall  and  the  galleries  seemed  rather 
to  increase  than  diminish.  Henry  and  Mason,  who  had, 
according  to  their  usual  habit,  walked  arm  in  arm  from  the  Swan, 
were  seen  to  pause  a  few  moments  at  the  steps  of  the  Academy, 
evidently  engaged  in  consultation,  and  with  difficulty  made  their 
way  to  their  seats  in  the  house.140 

Wythe  had  just  taken  the  chair,  when  Henry  rose  to  conclude 
his  unfinished  speech  of  Saturday.  His  first  sentences  were 
short  and  broken,  as  if  uttered  to  assure  himself  of  his  voice  and 
position.  He  then  introduced  a  topic  which  had  long  been 
dreaded  by  his  opponents,  but  which  startled  them  like  a  clap 
of  thunder  in  a  clear  sky.  "There  is  one  thing,"  he  said, 
"  that  I  must  mention.  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  may  be  said  upon  the  subject.  In  my  opinion,  the 
preservation  of  that  river  calls  for  our  most  serious  considera- 
tion. It  has  been  agitated  in  Congress.  Seven  States  have 

140  On  the  authority  of  the  Rev.  Mr.  Clay,  of  Bedford,  who  was  a 
member  of  the  Convention. 


152  VIRGINIA   CONVENTION   OF    1788. 

% 

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  ours.  If  I  am  wrong,  there  is  a  member  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  (Randolph) 
advise  us  to  relinquish  this  inestimable  navigation,  and  to  place 
formidable  enemies  on  our  backs  ?  I  hope  this  will  be  explained. 
I  was  not  in  Congress  at  the  time  these  transactions  took  place. 
I  may  not  have  stated  every  fact.  Let  us  hear  how  the  great 
and  important  right  of  navigating  that  river  has  been  attended 
to,  and  whether  I  am  mistaken  that  Federal  measures  will  lose  it 
to  us  forever.  If  a  bare  majority  of  Congress  can  make  laws,  the 
situation  of  our  Western  citizens  is  dreadful." 

Of  the  connection  of  the  Mississippi  with  the  interests  of  Vir- 
ginia we  will  treat  at  length  when  the  memorable  discussion  of 
the  subject  took  place  a  few  days  later  ;  at  present  it  is  only 
necessary  to  say  that  Kentucky,  whose  western  boundary 
impinged  on  that  river,  was  then  a  part  of  Virginia,  and  was  rep- 
resented in  the  Convention  by  twelve  members,  whose  votes 
might  decide  the  fate  of  the  new  plan. 

Henry  then  proceeded  to  reply  to  the  arguments  of  Randolph, 
Madison,  and  Corbin  in  detail,  with  a  force  of  logic  and  with  a 
fullness  of  illustration  which  he  had  not  before  evinced  in  his 
speeches.  He  reviewed  the  dangers  likely  to  flow  from  the  non- 
payment of  the  debt  due  to  France,  bestowing  an  elegant  com- 
pliment on  Mr.  Jefferson,  whom  he  called  "  an  illustrious  citizen, 
who,  at  a  great  distance  from  us,  remembers  and  studies  our 
happiness  ;  who  was  well  acquainted  with  the  policy  of  European 
nations,  and  who,  amid  the  splendor  and  dissipation  of  courts, 
yet  thinks  of  bills  of  rights  and  those  despised  little  things 
called  maxims  ;"  and  speaking  of  Louis  the  Sixteenth  as  "  that 
great  friend  of  America. ' '  He  reviewed  our  relations  with  Spain 
and  with  Holland,  and  showed  with  great  plausibility  that  we  had 
nothing  to  fear  from  them.  He  then  examined  the  arguments  of 
Randolph,  drawn  from  our  position  in  respect  of  the  neighboring 
States,  and  gave  his  reasons  for  concluding  that  neither  Mary- 


VIRGINIA   CONVENTION    OF    1788.  153 

land  nor  Pennsylvania  would  give  us  serious  trouble.  He 
reviewed  our  Indian  relations,  and  showed  that  there  was  no 
cause  for  alarm  in  that  quarter,  closing  this  branch  of  this  sub- 
ject in  these  words  :  ' '  You  will  sip  sorrow,  to  use  a  vulgar  phrase, 
if  you  want  any  other  security  than  the  laws  of  Virginia." 

He  adduced  the  authority  of  several  eminent  citizens  to  prove 
the  consolidating  tenderness  of  the  new  plan,  and  asked  "  if  any 
one  who  heard  him  could  restrain  his  indignation  at  a  system 
which  takes  from  the  State  legislatures  the  care  and  the  preserva- 
tion of  the  interests  of  the  people.  One  hundred  and  eighty 
representatives,  the  choice  of  the  people  of  Virginia,  not  to  be 
trusted  with  their  interests  !  They  are  a  mobbish,  suspected  herd. 
So  degrading  an  indignity,  so  flagrant  an  outrage  on  the  States, 
so  vile  a  suspicion,  is  humiliating  to  my  mind,  and  to  the  minds 
of  many  others/'  He  ridiculed  the  notion  that  a  change  of  gov- 
ernment could  pay  the  debts  of  the  people.  "  At  present,"  he 
said,  "you  buy  too  much,  and  make  too  little  to  pay.  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  gentlemen  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  govern- 
ment, he  urged  that  the  national  expenses  would  be  increased  by 
it  tenfold.  "  I  might  tell  you,"  he  said,  "  of  a  standing  army,  of 
a  great  powerful  navy,  of  a  long  and  rapacious  train  of  officers 
and  dependents,  independent  of  the  president,  senators,  and 
representatives,  whose  compensations  are  without  limitation. 
How  are  our  debts  to  be  discharged  when  the  expenses  of  gov- 
ernment are  so  greatly  augmented?  The  defects  of  this  system 
are  so  numerous  and  palpable,  and  so  many  States  object  to  it, 
no  union  can  be  expected  unless  it  be  amended.  Let  us  take  a 
review  of  the  facts."  He  then  examined  the  condition  of  the 
different  States  at  length,  ending  his  remarks  on  this  topic  with 
these  words  :  "  Without  a  radical  alteration  of  this  plan,  sir,  the 
States  will  never  be  embraced  in  one  federal  pale.  If  you  attempt 
to  force  it  down  men's  throats  and  call  it  union  dreadful  conse- 
quences must  follow." 

He  now  urged  upon  Randolph  the  inconsistency  of  his  course 


15  i  VIRGINIA    CONVENTION   OF    1788. 

in  relation  to  the  adoption  of  the  Constitution.  "The  gentle- 
man has  said  a  great  deal  of  disunion  and  the  dangers  that  are 
to  arise  from  it.  When  we  are  on  the  subject  of  union  and  dan- 
gers, let  me  ask  him  how  will  his  present  doctrine  hold  with  what 
has  happened  ?  Is  it  consistent  with  that  noble  and  disinter- 
ested conduct  which  he  displayed  on  a  former  occasion  ?  Did  he 
not  tell  us  that  he  withheld  his  signature?  Where  then  were  the 
dangers  which  now  appear  to  him  so  formidable?  He  saw  all 
America  eagerly  confiding  that  the  result  of  their  deliberations 
would  remove  our  distresses.  He  saw  all  America  acting  under 
the  impulses  of  hope,  expectation,  and  anxiety  arising  from  our 
situation,  and  our  partiality  for  the  members  of  that  Convention; 
yet,  his  enlightened  mind,  knowing  that  system  to  be  defective, 
magnanimously  and  nobly  refused  to  approve  it.  He  was  not 
led  by  the  illumined,  the  illustrious  few.  He  was  actuated  by 
the  dictates  of  his  own  judgment,  and  a  better  judgment  than  I 
can  form.  He  did  not  stand  out  of  the  way  of  information.  He 
must  have  been  possessed  of  every  intelligence.  What  altera- 
tions have  a  few  months  brought  about  ?  The  internal  differ- 
ence between  right  and  wrong  does  not  fluctuate.  It  is  immu- 
table. I  ask  this  question  as  a  public  man,  and  out  of  no  par- 
ticular view.  I  wish,  as  such,  to  consult  every  source  of  infor- 
mation, to  form  my  judgment  on  so  awful  a  question.  I  had  the 
highest  respect  for  the  honorable  gentleman's  abilities.  I  con- 
sidered his  opinion  as  a  great  authority.  He  taught  me,  sir,  in 
despite  of  the  approbation  of  that  great  Federal  Convention,  to 
doubt  of  the  propriety  of  that  system.  When  I  found  my  hon- 
orable friend  in  the  number  of  those  who  doubted,  I  began  to 
doubt  also.  I  coincided  with  him  in  opinion.  I  shall  be  a 
siaunch  and  faithful  disciple  of  his.  I  applaud  that  magnanimity 
which  led  him  to  withhold  his  signature.  If  he  thinks  now  dif- 
ferently, he  is  as  free  as  I  am.  Such  is  my  situation,  that,  as  a 
poor  individual,  I  look  for  information  everywhere."  He  con- 
tinued :  "  This  Government  is  so  new  it  wants  a  name.  I  wish 
its  other  novelties  were  as  harmless  as  this.  The  gentleman 
told  us  that  we  had  an  American  dictator  in  the  year  1781 — we 
never  had  an  American  President.  In  making  a  dictator,  we 
followed  the  example  of  the  most  glorious,  magnanimous,  and 
skillful  nations.  In  great  dangers  this  power  has  been  given. 
Rome  had  furnished  us  with  an  illustrious  example.  America 


VIRGINIA    CONVENTION    OF    1788.  155 

found  a  person  worthy  of  that  trust ;  she  looked  to  Virginia  for 
him.  We  gave  a  dictatorial  power  to  hands  that  used  it  glori- 
ously ;  and  which  were  rendered  more  glorious  by  surrendering 
it  up.  Where  is  there  a  breed  of  such  dictators  ?  Shall  we  find 
a  set  of  American  presidents  of  such  a  breed  ?  Will  the  Ameri- 
can President  come  and  lay  prostrate  at  the  feet  of  Congress  his 
laurels  ?  I  fear  there  are  few  men  who  can  be  trusted  on  that 
head.  The  glorious  republic  of  Holland  has  erected  monuments 
of  her  warlike  intrepidity  and  valor,  yet  she  is  now  totally  ruined 
by  a  Stadt-holder — a  Dutch,  president."  He  then  drew  some 
seemingly  apposite  illustrations  from  the  policy  of  the  Dutch  in 
favor  of  his  views.  He  touched  one  of  the  arguments  of  Corbin, 
in  passing  which  that  gentleman  drew  from  the  domestic  legis- 
lation of  Virginia.  "  Why,"  he  said,  "did  it  please  the  gentle- 
man to  bestow  such  epithets  on  our  country  ?  Have  the  worms 
taken  possession  of  the  wood,  that  our  strong  vessel — our  politi- 
cal vessel  has  sprung  a  leak  ?  He  may  know  better  than  I,  but 
I  consider  such  epithets  to  be  most  illiberal  and  unwarrantable 
aspersions  on  our  laws.  The  system  of  laws  under  which  we 
live  has  been  tried  and  found  to  suit  our  genius.  I  trust  we  shall 
not  change  this  happy  system."  Then,  turning  to  Corbin,  he 
said :  "  Till  I  see  that  gentleman  following  after  and  pursuing 
other  objects  than  those  which  prevent  the  great  objects  of 
human  legislation,  pardon  me  if  I  withhold  my  assent." 

When  he  had  discoursed  on  the  subject  of  forming  new  codes 
of  law,  of  the  nature  of  the  various  checks  which  were  regarded 
as  sufficient  to  prevent  federal  usurpation,  of  the  abuses  of  im- 
plied powers,  of  the  complicated  union  of  State  and  Federal 
collectors,  he  argued  with  great  earnestness  in  opposition  to  that 
part  of  the  Constitution  which  gives  to  Congress  jurisdiction 
over  forts  and  arsenals  in  the  State.  "  Congress,"  he  said,  "you 
sell  to  Congress  such  places  as  are  proper  for  these,  within  your 
State,  you  will  not  be  consistent  after  adoption.  It  results,  there- 
fore, clearly  that  you  are  to  give  into  their  hands  all  such  places 
as  are  fit  for  strongholds.  When  you  have  those  fortifications 
and  garrisons  within  your  State,  your  State  legislature  will 
have  no  power  over  them,  though  they  see  the  most  dangerous 
insults  offered  to  the  people  daily.  They  are  also  to  have  mag- 
azines in  each  State.  These  depositories  for  arms,  though  within 
the  States,  will  be  free  from  the  control  of  its  legislature.  Are 


156  VIRGINIA    CONVENTION    OF    1788. 

we  at  last  brought  to  such  a  humiliating  and  debasing  degrada- 
tion, that  we  cannot  be  trusted  with  arms  for  our  own  defence  ? 
If  our  defence  be  the  real  object  of  having  those  arms,  in  whose 
hands  can  they  be  trusted  with  more  propriety  or  equal  safety  to 
us,  as  in  our  own  hands  ?  If  our  legislature  be  unworthy  of 
legislating  for  every  foot  of  land  in  this  State,  they  are  unworthy 
of  saying  another  word." 

He  showed  that  by  the  power  of  taxation  and  by  the  right  to 
raise  armies,  Congress  would  possess  the  power  of  the  purse  and 
the  power  of  the  sword,  and  sought  to  prove  that,  without  a 
miracle,  no  nation  could  retain  its  liberty,  after  the  loss  of  the 
purse  and  the  sword.  He  contended  that  requisitions  were  the 
proper  means  of  collecting  money  from  the  States,  and  appealed 
to  Randolph,  as  he  said  "he  was  a  childvi  the  Revolution,"141 
whether  he  did  not  recollect  with  gratitude  the  glorious  effects 
of  requisitions  throughout  the  war. 

He  thus  animadverted  upon  the  definition  which  Madison  had 
given  of  the  new  plan  :  "  We  are  told,"  he  said,  "  that  this  new 
government,  collectively  taken,  is  without  an  example;  that  it  is 
national  in  this  part  and  federal  in  that  part,  &c.  We  may  be 
amused,  if  we  please,  by  a  treatise  of  political  anatomy.  In  the 
brain  it  is  national ;  the  stamina  are  federal — some  limbs  are  fed- 
eral, some  national.  The  senators  are  to  be  voted  for  by  the 
State  legislatures  ;  so  far  it  is  federal.  Individuals  choose  the 
members  of  the  first  branch  ;  here  it  is  national.  It  is  federal  in 
conferring  general  powers  ;  but  national  in  retaining  them.  It  is 
not  to  be  supported  by  the  States — the  pockets  of  individuals 
are  to  be  searched  for  its  maintenance.  What  signifies  it  to  me 
that  you  have  the  most  curious  anatomical  description  of  it  on  its 
creation  ?  To  all  the  common  purposes  of  legislation  it  is  a  great 
CONSOLIDATION  of  government.  You  are  not  to  have  the  right 
to  legislate  in  any  but  trivial  cases.  You  are  not  to  touch  private 
contracts.  You  are  not  to  have  the  rights  of  having  arms  on 
your  own  defences.  You  cannot  be  trusted  with  dealing  out 
justice  between  man  and  man.  What  shall  the  States  have  to 


141  Randolph  opened  his  speech  to  which  Henry  was  replying  with 
the  words:  "  I  am  a  child  of  the  Revolution."  The  reader  must  keep 
in  mind  Henry's  inimitable  powers  of  acting,  and  his  ability  by  a  mere 
accent  on  a  word  or  a  look  to  raise  the  laughter  of  both  friends  and 
foes. 


VIRGINIA    CONVENTION    OF    1788.  157 

do  ?  Take  care  of  the  poor,  repair  and  make  highways,  erect 
bridges,  and  so  on,  and  so  on.  Abolish  the  State  legislatures  at 
once.  What  purposes  should  they  be  continued  for?  Our  Leg- 
islature will  indeed  be  a  ludicrous  spectacle.  One  hundred  and 
eighty  men  marching  in  solemn  farcical  procession,  exhibiting  a 
mournful  proof  of  the  lost  liberty  of  their  country,  without  the 
power  of  restoring  it.  But,  sir,  we  have  the  consolation  that  it 
is  a  mixed  government ;  that  is,  it  may  work  sorely  on  your 
neck ;  but  you  will  have  some  comfort  by  saying  that  it  was  a 
federal  government  on  its  origin  !"142 

"I  am  constrained,"  he  added,  "to  make  a  few  remarks  on 
the  absurdity  of  adopting  this  system,  and  relying  on  the  chance 
of  getting  it  amended  afterwards.  When  it  is  confessed  to  be 
replete  with  defects,  is  it  not  offering  to  insult  your  understand- 
ings to  attempt  to  reason  you  out  of  the  propriety  of  rejecting 
it  till  it  be  amended  ?  Does  it  not  insult  your  judgments  to  tell 
you  adopt  first  and  then  amend  ?  Is  your  rage  for  novelty  so 
great  that  you  are  first  to  sign  and  seal  and  then  to  retract  ?  Is 
it  possible  to  conceive  a  greater  solecism  ?  I  am  at  a  loss  what 
to  say.  You  agree  to  bind  yourselves  hand  and  foot— for  the  sake 
of  what?  Of  being  unbound,  You  go  into  a  dungeon — for  what? 
To  get  out.  Is  there  no  danger  when  you  go  in  that  the  bolts  of 
federal  authority  shall  shut  you  in  ?  Human  nature  will  never 
part  from  power."  After  illustrating  his  position  by  facts  drawn 
from  the  history  of  Europe,  and  paying  a  compliment  to  the 
younger  Pitt  on  account  of  his  opinions  favorable  to  reform  in 
the  British  Constitution,  he  closed  his  argument  on  this  point 

U2  I  have  heard  that  this  passage,  of  which  we  have  but  a  condensed 
report,  and  which  blended  irony  and  pathos  in  a  remarkable  degree, 
was  delivered  with  transcendant  effect.  On  one  of  the  occasions  which 
the  reporter  passes  over  with  some  such  remark  as,  "  Here  Mr.  Henry 
declaimed  with  great  pathos  on  the  loss  of  our  liberties,"  I  was  told  by 
a  person  on  the  floor  of  the  Convention  at  the  time,  that  when  Henry 
had  painted  in  the  most  vivid  colors  the  dangers  likely  to  result  to.  the 
black  population  from  the  unlimited  power  of  the  general  government, 
wielded  by  men  who  had  little  or  no  interest  in  that  species  of  prop- 
erty, and  had  filled  his  audience  with  fear,  he  suddenly  broke  out  with 
the  homely  exclamation  :  "  They'll  free  your  niggers  !"  The  audience 
passed  instantly  from  fear  to  wayward  laughter  ;  and  my  informant  said 
that  it  was  most  ludicrous  to  see  men  who  a  moment  before  were  half 
frightened  to  death,  with  a  broad  grin  on  their  faces. 


158  VIRGINIA    CONVENTION    OF    1788. 

with  the  inquiry :  "  I  ask  you  again,  where  is  the  example  that  a 
government  was  amended  by  those  who  instituted  it?  Where  is 
the  instance  of  the  errors  of  a  government  rectified  by  those  who 
adopted  them  ?" 

He  closed  the  most  brilliant  argument  which  he  had  then  ever 
made  with  this  affecting  and  patriotic  peroration :  "  Perhaps  I 
shall  be  told  that  I  have  gone  through  the  regions  of  fancy — 
that  I  deal  in  noisy  exclamations  and  mighty  professions  of  pa- 
triotism. Gentlemen  may  retain  their  opinions;  but  I  look  on 
that  paper  as  the  most  fatal  plan  that  could  possibly  be  conceived 
to  enslave  a  free  people.  If  such  be  your  rage  for  novelty,  take 
it  and  welcome,  but  you  never  shall  have  my  consent.  My  sen- 
timents may  appear  extravagant ;  but  I  can  tell  you  that  a  num- 
ber of  my  fellow-citizens  have  kindred  sentiments.  And  I  am 
anxious,  that  if  my  country  should  come  into  the  hands  of  ty- 
ranny, to  exculpate  myself  from  being  in  any  degree  the  cause  ; 
and  to  exert  my  faculties  to  the  utmost  to  extricate  her.  Whether 
I  am  gratified  or  not  in  my  beloved  form  of  government,  I  con- 
sider that  the  more  she  is  plunged  into  distress  the  more  it  is  my 
duty  to  relieve  her.  Whatever  may  be  the  result,  I  shall  wait 
with  patience  till  the  day  may  come  when  an  opportunity  shall 
offer  to  exert  myself  in  her  cause." 

Before  the  pathetic  tones  of  Henry's  voice  had  died  away,  and 
when  every  eye  was  fixed  on  Randolph,  who  could  not  conceal 
his  emotions  under  Henry's  frequent  and  pointed  assaults,  Henry 
Lee  obtained  possession  of  the  floor.  In  conducting  a  campaign, 
whether  in  the  field  or  in  a  deliberative  assembly,  no  member  of 
the  body  had  a  keener  sense  of  the  policy  to  be  pursued  in  a 
great  conjuncture  than  this  daring  young  man  ;  and  it  was  ob- 
served by  those  who  knew  him  well  that,  if  his  attention  had 
been  as  early  and  as  ardently  devoted  to  civil  as  to  military  em- 
ployments, he  would  not  have  fallen  behind  the  most  distin- 
guished of  his  contemporaries.  He  now  felt  that  no  majority, 
however  large,  could  long  withstand  the  glowing  appeals  of 
Henry,  and  that  it  was  of  vital  importance  to  the  cause  which  he 
embraced  to  break  that  spell  which  for  the  last  three  hours  had 
been  cast  by  his  eloquence  over  the  house.  He  also  knew  that 
if  argument  could  accomplish  such  a  result,  the  admirable 
speeches  of  Pendleton,  of  Madison,  and  of  Nicholas,  would 
have  left  nothing  to  be  desired.  He  accordingly,  as  on  a  former 


VIRGINIA   CONVENTION    OF    1788.  159 

occasion,  adopted  a  different  mode  of  tactics.  He  said  that, 
when  he  was  up  before,  he  had  called  upon  that  gentlemen 
(Henry)  to  give  his  reasons  for  his  opposition  in  a  systematic 
manner  ;  and  he  had  done  so  from  respect  to  the  character  of 
that  gentleman.  He  had  also  taken  the  liberty  to  tell  him  that 
the  subject  belonged  to  the  judgments  of  the  members  of  the 
committee,  and  not  to  their  passions.  He  felt  obliged  to  him  for 
his  politeness  in  the  committee;  "but,"  he  added,  "as  the  hon- 
orable gentleman  seems  to  have  discarded  in  a  great  measure 
solid  argument  and  strong  reasoning,  and  has  established  a  new 
system  of  throwing  those  bolts  which  he  has  so  peculiar  a  dex- 
terity in  discharging,  I  trust  I  shall  not  incur  the  displeasure  of 
the  committe  by  answering  the  honorable  gentleman  in  the  de- 
sultory manner  in  which  he  has  treated  the  subject.  I  shall 
touch  a  few  of  those  luminous  points  he  has  entertained  us  with. 
He  told  us  the  other  day  that  the  enemies  of  the  Constitution 
were  firm  supporters  of  liberty,  and  implied  that  its  friends  were 
not  republicans.  I  conceive  that  I  may  say  with  truth  that  the 
friends  of  that  paper  are  true  republicans,  and  by  no  means  less 
attached  to  liberty  than  their  opponents.  Much  is  said  by  gen- 
tlemen out  of  doors.  They  ought  to  urge  all  their  objections 
here.  In  all  the  rage  of  the  gentleman  for  democracy,  how  often 
does  he  express  his  admiration  of  the  king  and  parliament  over 
the  Atlantic  ?  But  we  republicans  are  contemned  and  despised. 
Here,  sir,  I  conceive  that  implication  might  operate  against 
himself.  He  tells  us  that  he  is  a  staunch  republican,  and  adores 
liberty.  I  believe  him,  and  when  I  do  I  wonder  that  he  should 
say  that  a  kingly  government  is  superior  to  that  system  which 
we  admire.  He  tells  you  that  it  cherishes  a  standing  army,  and 
that  militia  alone  ought  to  be  depended  upon  for  the  defence  of 
every  free  country.  There  is  not.  a  gentlemen  in  this  house- 
there  is  no  man  without  these  walls — not  even  the  gentleman 
himself,  who  admires  the  militia  more  than  I  do.  Without 
vanity  I  may  say  that  I  have  had  different  experience  of  their 
service  from  that  of  the  honorable  gentleman.  It  was  my  for- 
tune to  be  a  soldier  of  my  country.  In  the  discharge  of  my 
duty  I  knew  the  worth  of  militia.  I  have  seen  them  perform 
feats  that  would  do  do  honor  to  the  first  veterans,  and  submitting 
to  what  would  daunt  German  soldiers.  I  saw  what  the  honora- 
ble gentleman  did  not  see — our  men  fighting  with  the  troops  of 


160  VIRGINIA    CONVENTION    OF    1788. 

that  king  which  he  so  much  admires.  I  have  seen  proofs  of  the 
wisdom  of  that  paper  on  your  table.  I  have  seen  incontroverti- 
ble evidence  that  militia  cannot  always  be  relied  on.  I  could 
enumerate  many  instances,  but  one  will  suffice.  Let  the  gentle- 
man recollect  the  action  of  Guilford.  The  American  troops 
behaved  there  with  gallant  intrepidity.  What  did  the  militia  do? 
The  greatest  numbers  of  them  fled.  The  abandonment  of  the 
regulars  occasioned  the  loss  of  the  field.  Had  the  line  been 
supported  that  day,  Cornwallis,  instead  of  surrendering  at  York, 
would  have  laid  down  his  arms  at  Guilford."143 

In  replying  to  the  argument  of  Henry,  that  the  States  would 
be  left  without  arms,  he  said  he  could  not  understand  the  impli- 
cation of  the  gentleman  that,  because  Congress  may  arm  the 
militia,  the  States  cannot  do  it.  The  States  are,  by  no  part  of 
the  plan  before  you,  precluded  from  arming  and  disciplining  the 
militia  should  Congress  neglect  it.  He  rebuked  Henry  for  his 
seemingly  exclusive  attachment  to  Virginia,  and  uttered  the  fol- 
lowing manly  sentiment:  "In  the  course  of  Saturday,  and  in 
previous  harangues,  from  the  terms  in  which  some  of  the  North- 
ern States  were  spoken  of,  one  would  have  thought  that  the  love 
of  an  American  was  in  some  degree  criminal,  as  being  incom- 
patible with  a  proper  degree  of  affection  for  a  Virginian.  The 
people  of  America,  sir,  are  one  people.  I  love  the  people  of  the 
North,  not  because  they  have  adopted  the  Constitution,  but  be- 
cause I  fought  with  them  as  my  countrymen,  and  because  I  con- 
sider them  as  such.  Does  it  follow  from  hence  that  I  have 
forgotten  my  attachment  to  my  native  State?  In  all  local  matters 
I  shall  be  a  Virginian.  In  those  of  a  general  nature  I  shall  never 
forget  that  I  am  an  American."  In  referring  to  the  proposed 
surrender  of  the  navigation  of  the  Mississippi,  he  said  that  he 


143  The  reader  familiar  with  our  early  history  will  discover  several 
covert  allusions  to  Henry's  military  character  in  the  above-cited  pas- 
sage The  military  officers  of  the  United  States  were  sometimes  in- 
clined to  assume  rather  too  much  authority  in  the  States  at  particular 
times.  The  correspondence  between  Colonel  Edward  Carrington  and 
Henry  (when  Governor)  shows  this  very  plainly.  The  ultimate  result 
was  the  triumph  of  the  civilians  in  putting  down  the  Cincinnati  Society, 
and  the  triumph  of  the  military  in  effecting  a  ratification  of  the  Federal 
Constitution,  especially  by  Virginia,  where  it  was  opposed  by  our  ablest 
and  wisest  statesmen,  and  probably  by  three-fourths  of  the  people. 


VIRGINIA    CONVENTION    OF    1788.  161 

"  was  in  Congress  at  the  time,  and  that  there  was  not  a  member  of 
the  body  who  had  an  idea  of  such  a  surrender.  They  thought 
of  the  best  mode  of  securing  that  river,  some  thinking  one  way, 
some  another.  There  was  no  desire  to  conceal  any  of  the  trans- 
actions on  that  important  question.  Let  the  gentleman  write  to 
the  President  of  Congress  for  information.  He  will  be  gratified 
fully  "  He  then  reviewed  the  opinions  of  the  States  on  the  sub- 
ject of  ratification.  "  The  gentleman  says  Rhode  Island  and 
New  Hampshire  have  refused  to  ratify.  Is  that  &fact?  It  is  not 
a  fact.  He  says  that  New  York  and  North  Carolina  will  reject 
it.  Here  is  another  of  his  facts.  As  he  dislikes  the  veil  of 
secrecy^  I  beg  that  he  would  tell  us  the  high  authority  from 
which  he  gets  this  fact.  Have  the  executives  of  those  States  in- 
formed him  ?  I  believe  not.  I  hold  his  unsupported  authority 
in  contempt"  He  thus  closed  his  survey  of  the  arguments  of 
Henry:  "  I  contend  for  myself  and  the  friends  of  the  Constitution 
that  we  are  as  great  friends  to  liberty  as  he  or  any  other  person, 
and  that  we  will  not  be  behind  him  in  exertions  in  its  defence 
when  it  is  invaded.  For  my  part  I  trust,  young  as  I  am,  I  will 
be  trusted  in  the  support  of  freedom  as  far  as  the  honorable 
gentleman.  I  feel  that  indignation  and  contempt  with  respect  to 
his  previous  amendments  which  he  expresses  against  posterior 
amendments.  I  can  see  no  danger  from  a  previous  ratification. 
I  see  infinite  dangers  from  previous  amendments.  I  shall  give 
my  suffrage  for  the  former,  because  I  think  the  happiness  of  my 
country  depends  upon  it.  To  maintain  and  secure  that  happiness, 
the  first  object  of  my  wishes,  I  shall  br(ave  all  storms  and  politi- 
cal dangers."1** 

u*  The  bold  and  unsparing  severity  of  Lee's  speech  was  silently  rel- 
ished by  his  friends,  but  its  tone  towards  Henry  cannot  be  justified. 
Now  that  Henry  and  Lee  are  dead  and  their  whole  lives  are  before  us, 
it  is  worth  knowing  that  Lee,  in  a  year  or  two  after  the  adoption  of  the 
Constitution,  was  elected  Governor  of  Virginia,  and  that  when  a  va- 
cancy occurred  in  the  Senate  of  the  United  States  which  he  was  re- 
quested to  fill,  his  first  act  was  to  make  out  a  commission  for  Henry, 
which  I  have  seen,  and  to  despatch  it  by  express  to  him  in  Prince  Ed- 
ward. Their  personal  relations  subsequently  were  most  intimate  and 
cordial.  It  is  said  that  Lee,  in  aiding  Henry  to  exchange  his  Dismal 
Swamp  lands  for  some  valuable  Saura  Town  lands,  greatly  improved 
the  fortunes  of  his  friend.  It  is  also  worth  noting  that  Henry  made  no 
reply  to  Lee. 
n 


162  VIRGINIA^  CONVENTION    OF    Ij88. 

We  now  come  to  the  only  severe  personal  quarrel  to  which 
the  discussions  of  the  Convention  gave  birth,  which  made  a 
strong  sensation  at  the  time,  and  the  details  of  which  will  be 
eagerly  read  by  posterity.  As  soon  as  Lee  took  his  seat,  Ed- 
mund Randolph  with  evident  emotion  rose  to  reply  to  Henry. 
He  began  by  saying  that  having  consumed  so  much  of  the  time 
of  the  committee,  he  did  not  intend  to  trouble  it  so  soon ;  "  but," 
he  said,  "  I  find  myself  attacked  in  the  most  illiberal  manner  by 
the  honorable  gentleman  (Henry).  I  disdain  his  aspersions  and 
his  insinuations.  His  asperity  is  warranted  by  no  principle  of 
parliamentary  decency,  nor  compatible  with  the  least  shadow  of 
friendship.  And  if  our  friendship  must  fall,  let  it  fall  like  Luci- 
fer, never  to  rise  again.  Let  him  remember  that  it  is  not  to 
answer  him,  but  to  satisfy  this  respectable  audience,  that  I  now 
get  up.  He  has  accused  me  of  inconsistency  in  this  very  respect- 
able assembly.  Sir,  if  I  do  not  stand  on  the  bottom  of  integrity, 
and  pure  love  for  Virginia,  as  much  as  those  who  can  be  most 
clamorous,  I  wish  to  resign  my  existence.  Consistency  consists 
in  actions,  and  not  in  empty  specious  words.  Ever  since  the 
first  entrance  into  that  Federal  business,  I  have  been  invariably 
governed  by  an  invincible  attachment  to  the  happiness  of  the 
people  of  America.  Federal  measures  had  been  before  that 
time  repudiated.  The  augmentation  of  Congressional  powers 
was  dreaded.  The  imbecility  of  the  confederation  was  proved 
and  acknowledged.  When  I  had  the  honor  of  being  deputed  to 
the  Federal  Convention  to  revise  the  existing  system,  I  was 
impressed  with  the  necessity  of  a  more  energetic  government, 
and  thoroughly  persuaded  that  the  salvation  of  the  people  of 
America  depended  on  an  intimate  and  firm  union.  The  honor- 
able gentlemen  there145  can  say  that  when  I  went  thither,  no  man 
was  a  stronger  friend  to  such  an  union  than  myself.  I  informed 
you  why  I  refused  to  sign.  I  understand  not  him  who  wishes 
to  give  full  scope  to  licentiousness  and  dissipation,  and  who 
would  advise  me  to  reject  the  proposed  plan,  and  plunge  us  into 
anarchy." 

(Here  His  Excellency  read  the  conclusion  of  his  public  letter,146 


145  Meaning  Mason,  Wythe,  Madison  and  John  Blair,  his  colleagues 
in  the  general  Federal  Convention,  and  also  members  of  the  present 
Convention. 

146  Addressed  to  the  Speaker  of  the  House  of  Delegates. 


VIRGINIA   CONVENTION    OF    1788.  1C3 

wherein  he  says  that  notwithstanding  his  objections  to  the  Con- 
stitution, he  would  adopt  it  rather  than  lose  the  Union),  and 
proceeded  to  prove  the  consistency  of  his  present  opinion  with 
his  former  conduct,  when  Henry  rose  and  declared  that  he  had 
no  personal  intention  of  offending  anyone ;  that  he  did  his 
duty,  but  that  he  did  not  mean  to  wound  the  feelings  of  any 
gentleman  ;  that  he  was  sorry  if  he  offended  the  honorable  gen- 
tleman without  intending  it  ;  and  that  every  gentleman  had  a 
right  to  maintain  his  opinion.  Randolph  then  said  that  he  was 
relieved  by  what  the  honorable  gentleman  had  said ;  that  were 
it  not  for  the  concession  of  that  gentleman,  he  would  have  made1 
some  men's  hair  stand  on  end  by  the  disclosure  of  certain  facts. 
Henry  then  requested  that  if  he  had  anything  to  say  against  him 
to  disclose  it.  Randolph  continued,  that  as  there  were  some 
gentlemen  there  who  might  not  be  satisfied  with  the  recantation 
of  the  honorable  gentleman,  without  being  informed,  he  should 
give  them  some  information  on  the  subject ;  that  his  ambition 
had  ever  been  to  promote  the  Union  ;  that  he  was  no  more 
attached  to  it  now  than  he  ever  had  been  ;  and  that  he  could  in 
some  degree  prove  it  by  the  paper  which  he  held  in  his  hand, 
which  was  a  letter  which  he  had  written  to  his  constituents. 
After  some  further  explanation  of  his  course,  he  threw  down  the 
letter  on  the  clerk's  table,  and  declared  that  it  might  lie  there 
for  the  inspection  of  the  curious  and  the  malicious. 

With  those  who  look  impartially  at  this  passage  of  arms  be- 
tween these  two  eminent  and  accomplished  statesmen,  there 
cannot  well  be  at  this  day  but  one  opinion,  and  that  opinion 
wholly  adverse  to  the  conduct  of  Randolph.  In  no  respect  had 
Henry  overleaped  the  strictest  rules  of  parliamentary  decorum. 
He  had  exhibited  what  he  regarded  as  inconsistency  in  the  course 
of  a  public  man,  who  had  been  charged  by  the  Commonwealth 
with  an  important  trust,  and  in  the  arguments  which  he  had 
used  on  the  subject  of  the  adoption  of  the  Constitution.  There 
was  not  the  slightest  personal  reflection  or  allusion  in  anything 
that  he  had  said.  And  when  Randolph  recited  his  charge 
against  Henry,  it  was  mainly  that  he  had  accused  him  of  incon- 
sistency before  that  very  respectable  assembly.  Now  there  is 
not  in  the  whole  armory  of  forensic  warfare  a  more  legitimate 
weapon  than  that  which  is  used  to  demonstrate  the  inconsistency 
of  the  arguments  of  an  opponent  with  each  other,  or  with  other 


164  VIRGINIA  CONVENTION  OF  1788. 

arguments  urged  by  him  in  different  stages  of  the  same  case. 
This  process  is  sometimes  very  unpleasant  to  the  person  whose 
character  is  at  stake,  and  not  a  little  annoying  ;  but  the  only 
honorable  mode  of  defence  is  a  proper  exposition  of  the  alleged 
inconsistency,  and  a  similar  retaliation  on  the  offending  party. 
Indignation,  hard  names,  and  downright  insult  have  here  nc 
more  place  than  in  any  other  mode  of  logical  refutation.  Henry 
had  also  used  the  word  "  herd"  in  a  different  sense  from  that  in 
which  Randolph  had  used  it,  but  upon  an  explanation  of  the 
meaning  passed  to  another  topic.  He  had  also  quoted  the 
remark  of  Randolph  that  "  he  was  a  child  of  the  Revolution," 
and  had  used  it  argumentatively  ;  but  such  a  quotation  was 
neither  inappropriate  nor  indecorous.  Indeed,  the  only  shadow 
of  unfairness,  if  in  truth  it  be  as  palpable  as  a  shadow,  was  the 
use  of  the  word  "  herd"  on  a  single  occasion  after  the  explana- 
tion of  Randolph,  and  when  Henry  may  be  supposed  to  have 
used  it  in  its  ordinary  meaning ;  but  if  the  use  of  this  word 
afforded  ground  for  animadversion,  it  was  the  least  possible,  and 
when  regarded  as  a  ground  whereon  to  fasten  a  mortal  quarrel 
upon  an  opponent,  it  was  utterly  contemptible.  It  is  honorable 
to  the  temper  of  Henry  that  he  did  not  interrupt  Randolph  in 
the  harsh,  unjust,  and  ungenerous  remarks  with  which  he  began 
his  speech ;  and  above  all,  it  is  honorable  to  his  character  that, 
in  despite  of  such  grievous  provocation,  he  subsequently  rose, 
disavowed  in  the  strongest  terms  any  personal  allusion,  and 
expressed  his  sorrow  that  he  had  unintentionally  given  offence  to 
Randolph.  He  had  thus  made  all  the  reparation  which  one  gen- 
tleman can  well  receive  from  another.  His  course  was  in  the 
highest  degree  magnanimous,  and  ought  to  have  been  in  the 
highest  degree  satisfactory.  Randolph,  on  the  other  hand, 
accepted  the  explanation  of  Henry,  but  in  one  and  the  same 
breath  insulted  Henry,  not  by  showing  any  discrepancy  in  his 
arguments,  not  by  attacking  the  inconsistencies  of  his  public 
career,  not  by  referring  to  any  topic  or  incident  that  had  occurred 
in  any  deliberative  assembly  of  which  Henry  had  been  a  member, 
but  by  uttering  a  threat  to  the  effect  that  if  the  gentleman  had 
not  recanted — Henry  having  recanted  nothing,  having  merely 
explained  his  original  meaning — he  would  have  made  revelations 
which  would  not  have  merely  affected  him  as  a  member  of  a 
public  body,  but  would  have  blasted  his  reputation  as  a  gentle- 


VIRGINIA   CONVENTION    OF    1788.  165 

man  and  as  a  man.  If  anything  could  have  enhanced  this  most 
wanton,  this  most  unparliamentary,  and  wholly  unjustifiable 
threat,  it  was  the  withholding  from  the  instant  demand  of  Henry 
those  charges  which  would  involve  his  character  in  infamy,  and 
which  he  professed  to  be  able  to  make,  and  which  he  would  have 
made  but  for  the  explanation.  Nor  did  Randolph  cease  to  fling 
insult  upon  Henry  with  what  he  had  thus  far  done.  He  gave  a 
new,  uncalled  for,  and  most  aggravated  insult  to  Henry  when, 
throwing  down  his  own  public  letter  on  the  table  of  the  clerk,  he 
declared  that  it  should  lie  there  for  the  inspection  of  the  curious 
and  the  malicious.  This  taunting  and  somewhat  theatrical 
remark  could  apply  only  to  Henry,  who  now  saw  that  the  dis- 
pute had  passed  beyond  the  walls  of  the  House.  He  saw  that 
he  was  involved  in  an  unpleasant  predicament ;  but  he  felt  that 
he  had  been  placed  there  by  no  fault  of  his  own.  His  entire  life 
had  been  free  from  personal  quarrels.  He  was  declining  in  the 
vale  of  life.  He  had  passed  his  fifty-second  year,  had  a  young 
and  dependent  family,  and  was  poor.  Randolph  was  in  the  vigor 
of  manhood,  not  having  reached  his  thirty-seventh  year,  and  had 
also  a  young  family;  and,  if  not  poor,  his  life,  even  in  a  pecu- 
niary view,  was  of  the  last  importance  to  his  family.  A  hostile 
meeting  between  two  such  men,  whose  lives  were  wrapped  up  in 
so  many  endearing  domestic  ties,  whose  distinguished  talents, 
as  they  were  the  common  property,  so  they  were  the  pride  of 
their  country,  and  who  had  lived  up  to  that  time  in  the  relations 
of  friendship,  would  have  appalled  the  public  mind  ;  and  accord- 
ingly when  on  Tuesday  morning  it  was  known  that  Col.  William 
Cabell  had  the  evening  before,  as  the  friend  of  Henry,  waited 
on  Randolph  ;  that  the  unpleasant  affair  had  been  settled  with- 
out a  resort  to  the  field,  and  that  a  reconciliation  between  the 
parties  had  been  effected,347  both  the  great  divisions  in  the  House 
were  sensibly  relieved. 


147  The  most  direct  personal  charge  of  inconsistency  that  I  have  ever 
seen  in  a  public  body  was  that  made  in  the  Convention  of  1829-30  by 
Colonel  John  B.  George,  of  Tazewell,  against  General  William  F.  Gor- 
don, of  Albemarle.  Colonel  George  rose  directly  from  his  seat  to 
make  the  charge,  made  it  in  as  few  and  as  forcible  words  as  he  could 
utter,  and  instantly  sate  down.  General  Gordon,  who  saw  at  once 
what  the  occasion  required,  defended  his  course  with  eminent  grace 
and  skill,  and  gained  eclat  by  the  affair.  When  John  Randolph,  in  the 


166  VIRGINIA  ^CONVENTION    OF    1788. 

When  the  personal  altercation  was  past,  Randolph,  as  if  re- 
lieved from  a  weight  that  hung  heavily  upon  him,  spoke  with 
great  freedom  in  defence  of  the  Constitution,  analyzed  in  detail 
the  objections  of  Henry,  and  made  one  of  the  longest,  most 
learned,  and,  at  the  same  time,  one  of  the  most  brilliant  speeches 
of  his  life.1*8 

He  was  followed  by  a  member  in  the  opposition,  who  had  not 
yet  engaged  in  the  discussion,  who  was  as  yet  a  very  young  man, 
almost  wholly  unknown  to  many  of  the  leading  members  of  the 
House ;  who  had  none  of  those  outward  advantages  which  stand 
in  the  stead  of  a  letter  of  introduction  ;  but  whose  name,  indis- 
solubly  connected  with  the  great  events  of  the  first  third  of  a 
century  of  that  government,  the  adoption  of  which  he  now  rose 
to  resist,  is  destined  to  survive  the  names  of  some  whose  fair 
reputations  were  then  in  full  leaf,  and  to  become  a  household 
word  to  succeeding  generations.  It  was  not  in  the  roll  of  a  re- 
mote ancestry,  or  in  the  splendor  of  patrimonial  wealth,  or  even 
in  the  fostering  care  of  those  who  enjoyed  such  advantages, 
that  the  youthful  speaker  looked  for  his  titles  to  success  in  the 
world,  and  to  the  approbation  ot  his  country.  So  far  from  hav- 

same  body,  marshalled  what  he  deemed  the  inconsistencies  of  Chap- 
man Johnson  in  thick  array  against  him,  that  great  and  good  man  took 
the  first  opportunity  of  replying  ;  but  no  friend  of  Johnson  dreamed 
that  the  affair  ought  to  have  been  transferred  elsewhere. 

148  In  a  note  on  the  preceding  page  I  alluded  to  the  subsequent  con- 
nections of  Lee  and  Henry.  Those  between  Randolph  and  Henry 
were  not  so  intimate.  Randolph  became  the  first  Attorney-General 
under  the  new  plan,  and  succeeded  Mr.  Jefferson  as  Secretary  of  State 
in  the  Cabinet  of  Washington.  Henry  went  into  opposition,  as,  in- 
deed, in  a  certain  sense,  was  Randolph  himself.  Both  were  eager  to 
obtain  amendments,  and  were  equally  disappointed  in  their  efforts. 
Randolph  soon  withdrew  from  the  State  department  under  the  most 
painful  circumstances,  and  went  into  full  opposition.  Henry,  who  had 
warmly  opposed  the  British  Treaty,  became  alarmed  at  what  he  deemed 
the  rash  measures  of  his  old  opponents  in  the  Convention,  who  had 
assumed  the  name  of  republicans,  and  rallied  in  support  of  the  admin- 
istration of  Washington.  And  it  happened  singularly  enough  that 
when  Randolph  withdrew  from  the  Cabinet,  Henry  was  invited  to  take 
his  seat.  These  topics  will  be  discussed  more  at  length  when  I  come 
to  treat  of  the  general  course  of  Henry  and  Randolph,  as  well  as  the 
nature  of  the  charges  which  Randolph  threatened  to  throw  at  the  head 
of  Henry. 


VIRGINIA    CONVENTION    OF    1788.  167 

ing  been  born  in  that  elevated  position  in  which  he  now  stood — 
side  by  side  with  the  most  illustrious  men  to  whom  the  State  had 
given  birth — he  was  the  son  of  a  Scotchman,  or  of  Scotch  descent, 
a  carpenter,  wno  had  settled  in  Westmoreland,  and  who  was  en- 
abled by  his  industry  to  gratify  an  honorable  passion  of  the 
Scotch  by  affording  to  his  son  all  the  advantages  of  education 
within  his  reach.  And  in  this  praiseworthy  purpose  he  was 
aided  to  the  fullest  extent  by  his  son. 

From  the  first,  whether  in  the  old-field  school  house,  in  the 
camp,  in  ihe  college,  which  in  his  case  instead  of  preceding  suc- 
ceeded the  camp,  or  in  the  council,  or  when,  as  it  sometimes, 
though  rarely,  happened,  he  was  in  neither  the  one  nor  the 
other,  James  Monroe  never  lost  an  advantage.  He  had  attended 
a  country  school  with  John  Marshall,  in  company  with  whom 
he  was  to  travel,  in  war  and  in  peace,  the  trail  of  a  long  and 
honored  career,  and  had  spent  a  term  in  William  and  Mary  ; 
but  his  elementary  stock  of  knowledge  was  exceedingly  small, 
and  his  real  education  was  on  the  stage  of  busy  life.  In  his 
eighteenth  year  he  entered  the  army  as  a  cadet,  became  in  due 
time  a  lieutenant  and  captain,  and  alternately  an  aid  to  a  general 
officer.  From  the  beginning  of  the  war  to  nearly  its  close  he 
was  in  active  service,  and  he  numbered  among  the  battles  in- 
which  he  was  engaged  those  of  Harlem  Heights  and  White 
Plains,  of  Princeton  and  Trenton,  in  which  last  he  was  wounded 
in  the  shoulder,  of  Brandywine,  Germantown  arid  Monmouth. 
As  a  military  commissioner  of  Virginia  he  visited  the  Southern 
army  under  De  Kalb,  and  in  1782  he  was  returned  from  King 
George  to  the  House  of  Delegates.  At  the  age  of  twenty-four 
he  was  deputed  to  Congress,  having  been  the  youngest  member 
which  the  Assembly  had  ever  elected  to  that  body,  in  which,  as 
in  the  House  of  Delegates,  and  in  many  other  high  appointments, 
in  the  course  of  a  long  life,  he  had  been  preceded  by  Madison. 
He  plunged  at  once  into  affairs,  and  displayed  that  firm  purpose, 
that  moral  hardihood,  which,  attributed  by  Sydney  Smith  to 
Lord  John  Russell,  would  lead  the  English  statesman,  though 
ignorant  of  seamanship,  to  take  command  of  the  Channel  fleet, 
which  is  one  of  the  greatest  qualities  of  a  public  man,  and  which 
even  impelled  Monroe  to  meet  rather  than  avoid  difficult  topics, 
and  to  push  them  to  a  practical  conclusion  ;  and  which,  we  may 
add,  is  more  nearly  allied  to  wisdom  than  to  folly,  inasmuch  as 


168  VIRGINIA   CONVENTION    OF    1788. 

^ 

in  the  affairs  of  a  nation  the  prompt  settlement  of  a  disputed 
question,  however  dangerous  to  the  propects  of  the  individual, 
is  not  unfrequently  of  far  greater  importance  to  the  general  wel- 
fare than  the  particular  mode  by  which  that  settlement  was 
effected.  He  was  now  thirty ;  he  was  tall  and  erect  in  person  ; 
his  face  with  its  high  cheek  bones  betokening  his  Caledonian 
descent,  and  not  uncomely ;  his  manners  kind  and  affectionate, 
which  had  not  yet  lost  their  martial  stiffness,  and  which,  even  in 
the  midst  of  courts  and  cabinets,  at  home  and  abroad,  never 
attained  the  easy  freedom  of  a  well-bred  man.  His  demeanor 
was  marked  by  a  gravity,  another  trait  of  his  Scotch  extraction, 
which  is  not  uncommon  with  those  on  whom  the  heavy  responsi- 
bilities of  life  are  early  cast,  and  which  concealed  from  the  com- 
mon observer  a  warm  and  generous  heart.  These  qualities  were 
not  more  perceptible  to  the  public  than  his  intense  application 
to  business,  the  entire  concentration  of  all  his  faculties  to  the 
case  in  hand,  his  sincerity  of  purpose,  his  truthfulness,  his  utter 
want  of  those  accomplishments  which  amuse,  instruct  and  adorn 
the  social  sphere,  and  perhaps  his  incapacity  of  appreciating 
them  in  another,  his  slowness  in  comprehending  a  subject, 
equalled  only  by  the  soundness  of  the  conclusions  which  he  ulti- 
mately reached,149  his  faculties  invigorated  by  the  exercise  to 
which  they  had  been  subjected,  but  neither  very  large  nor  very 
bright,  nor  highly  cultivated  by  art,  nor  much  enriched  by  learn- 
ing drawn  from  books,  yet  vigorous  and  eminently  practical, 
were  recognized  by  those  who  knew  him  well.  Yet,  in  this 
unfriended,  not  half- educated,  unpolished  youth  the  elements  of 
political  success  were  mingled  in  an  amazing  degree.  Inferior 
to  Randolph  in  genius,  in  eloquence,  in  literature,  and  in  that 
social  position  which  made  the  wealth,  the  talents,  and  the  influ- 
ence of  a  vast  family  connection  ancillary  to  his  views  ;  to  Madi- 
son in  the  early  culture  of  the  faculties  under  the  most  favorable 
auspices,  in  acquirements,  and  in  universality  of  intellectual 
power ;  to  Henry  Lee  in  the  extent  and  caste  of  domestic  rela- 
tionship, in  early  and  thorough  instruction  in  military  talents  as 
well  as  in  martial  fame,  and  in  a  ready  and  striking  elocution  ; 
to  Marshall  in  unbounded  vigor  of  mind  as  well  as  in  the  knowl- 


149  Patrick  Henry  always  thought  well  of  Monroe,  and  used  to  say  of 
him  "  that  he  was  slow,  but  give  him  time  and  he  was  sure." 


VIRGINIA   CONVENTION    OF    1788.  169 

edge  of  the  law  to  which  they  had  served  an  apprenticeship  to- 
gether, as  they  had  done  in  the  Northern  army  ;  to  Innes, 
another  colleague  in  the  Northern  army,  in  classical  literature,  in 
general  learning,  and,  above  all,  in  a  splendid  eloquence ;  to 
Grayson,  another  compatriot  of  the  Northern  army,  in  fasci- 
nating manners,  in  humor,  in  wit,  in  a  perfect  mastery  of  the 
science  of  political  economy,  in  an  almost  unrivalled  play  of  the 
intellectual  powers,  and  in  that  exquisite  taste  in  letters,  which 
imparts  even  to  consummate  statesmanship  an  attractive  and  ever 
living  grace  ;  to  George  Nicholas  in  those  subtle  faculties  and  in 
that  profound  acquaintance  with  the  law  which  enabled  him  to 
pass  instantly  from  an  opinion  on  a  land  warrant  shingled  three 
deep  to  the  discussion  of  the  most  intricate  questions  in  govern- 
ment and  in  the  laws  of  nations  ;  to  Corbin  in  habits  of  public 
speaking,  in  political  research,  and  in  elegant  learning  ;  to  Ralph 
Wormeley  in  a  critical  knowledge  of  the  entire  compass  of  Eng- 
lish literature  as  in  that  honorable  lineage  which  as  early  as  King 
Charles'  time  held  the  keys  of  the  public  treasure  ;  15°  inferior  to 
these,  and  not  to  these  only  of  that  galaxy  of  genius  and  worth 
which  then  appeared  on  the  Virginia  horizon,  and  which  our 
later  statesmen,  themselves  now  passed  away,  were  wont  to  point 
at  and  to  dwell  upon  with  conscious  pride,  this  remarkable  young 
man  succeeded  in  winning  and  wearing  at  his  pleasure  every 
honor  which  public  office  at  home  or  abroad  could  bestow,  from 


150  The  Wormeley  family  can  be  traced  to  1312,  when  they  were  seated 
in  Yorkshire,  England.  The  first  in  Virginia  was  Captain  Christopher 
Wormeley,  Governor  of  Tortuga  in  1632-5;  was  granted  1.420  acres  of 
land  in  Charles  River  (York)  county  January  27,  1638;  member  of  the 
Council ;  married,  and  had  issue :  Captain  Ralph  Wormeley  of  York 
county,  member  of  the  Council  in  1640 ;  patented  land,  and  settled  at 
"  Rosegill,"  Middlesex  county  ;  died  before  1669,  leaving  issue  :  Ralph. 
His  widow  Agatha  married  secondly  Sir  Henry  Chicheley,  Governor 
of  Virginia.  Ralph  Wormeley,  second  of  the  name,  died  1700,  leaving 
issue:  John  Wormeley,  of  "Rosegill,"  and  Judith,  married  Colonel 
Mann  Page,  of  "  Rose  well."  Of  the  issue  of  John  was  Ralph  Worme- 
ley, of  "  Rosegill,"  married,  1736,  Sarah  Berkeley  of  "  Barn  Elms  ";  Bur- 
gess for  Middlesex  county  1748-1758;  member  of  the  Council  1756-1761. 
Of  their  issue  was  Ralph  Wormeley,  Jr.,  of  the  text,  a  scholar  who  pos- 
sessed one  of  the  choicest  libraries  in  Virginia  ;  married  Eleanor  Tay- 
loe,  sister  of  Colonel  John  Tayloe,  of  "Mount  Airy"  ;  died  January 
19,  1806,  in  the  62nd  year  of  his  age. — ED. 


170  VIRGINIA^CONVENTION    OF    1788. 

that  of  Governor  of  the  Commonwealth  and  Senator  of  the 
United  States,  from  repeated  missions  to  the  most  distinguished 
courts  of  Europe,  from  a  seat  in  the  Department  of  War  and  in 
the  Department  of  State,  to  that  most  exalted  of  all  the  honors 
to  which  an  American  citizen  can  aspire,  the  Presidency  itself; 
while  of  his  early  compatriots,  as  well  as  those  who  had  already 
reached  a  high  position  as  those  who,  like  himself,  were  pluming 
their  wings  for  the  new  scene  soon  to  open  upon  them,  some 
dropped  almost  immediately  out  of  sight,  or,  enamoured  of  rural 
life,  clung  to  the  domestic  hearth  and  declined  public  trusts,  or 
devoted  their  time  to  State  affairs,  or  were  lost  in  the  haze  of  a 
local  celebrity,  or  soared  for  a  time  only  in  the  fresh  azure  of  a 
Federal  sky,  upborne  on  untiring  wings,  or  voluntarily  to  de- 
scend after  a  season  to  the  perch  from  which  they  had  risen,  or, 
stricken  by  the  hostile  arrow,  to  be  precipitated  with  a  disas- 
trous fall,  and  others  who  were  content  to  accept  from  his  hands 
those  offices  which  they  not  only  did  not  aspire  to  bestow, 
but  were  thankful  to  receive ;  three  only  of  that  entire  number 
running  continuously  with  him  the  long  race  of  fifty  years  with 
equal  though  various  distinction  ;  and  of  those  three  one  only 
attaining  to  the  first  office  of  the  nation.151 

The  secret  of  this  unparalleled  success  is  difficult  to  find  only 
because  it  lies  on  the  surface.  Industry,  integrity,  personal  in- 
trepidity, whether  it  was  to  be  exhibited  amid  the  clashing  of 
swords  or  the  more  fearful  clashing  of  tongues,  a  satisfaction  with 
smalrthings,  which  kept  him  within  the  range  of  affairs  till  great 
things  were  ready,  one  by  one,  to  fall  into  his  lap,  so  that,  though 
sometimes  not  in  office,  he  may  be  said,  in  a  certain  sense,  never 
to  have  been  out  of  office — the  great  office  of  his  life,  strong 
common  sense,  which,  though  more  than  once  begrimed  by  the 
fallacies  and  passion  of  interested  partisans,  enabled  him  at  last 
to  see  things  as  they  were,  and  to  recover  himself  ere  it  was  too 
late,  and  a  firmness  of  purpose  and  a  constancy  of  pursuit  which 
kept  the  great  object  of  his  ambition  steadily  before  his  eyes. 
These  were  the  means  on  which  he  relied,  and  in  which  he  was 
not  deceived.  Nor  was  his  career  unmarked  by  fluctuations 
which  even  at  this  distance  of  time  appear  formidable.  His  re- 
call from  the  French  mission  by  Washington,  was  one  of  those 


151  Bushrod  Washington,  John  Marshall,  and  James  Madison. 


VIRGINIA   CONVENTION    OF    1788.  171 

ominous  incidents  in  his  history  which  would  have  proved  fatal 
to  the  ambition  of  a  less-determined  spirit  than  his  own.  And 
at  a  later  day,  when,  on  his  return  from  the  court  of  St.  James, 
he  found  himself  almost  unconsciously  at  the  head  of  a  small  but 
influential  faction  which  had  stolen  off  rather  than  broke  off  from 
the  great  party  to  which  he  had  devoted  his  life,  and  which  sought 
to  put  him  forward  for  the  succession.  In  ordinary  times  no  eye 
would  have  detected  sooner  than  his  own  the  specious  snare 
which  was  spread  for  his  destruction ;  but  his  long  absence  from 
home,  which  had  precluded  him  from  a  correct  knowledge  of 
affairs,  the  noise  made  by  his  advocates  in  public  bodies,  and 
especially  in  the  social  circles  of  Virginia,  which  he  now  made 
his  residence,  and  some  private  griefs  which,  if  they  had  been 
left  alone,  would  have  soon  healed  without  a  scar,  but  which,  by 
the  chirurgery  of  his  new  allies,  were  made  to  inflame  and  fester, 
obscured  for  a  season  his  better  judgment,  and  he  lent  for  a  while 
a  not  unwilling  ear  to  the  tempter.  From  the  predicament,  the 
most  dangerous  in  his  whole  career,  in  which  he  was  now  placed, 
and  which  was  regarded  with  unfeigned  delight  by  his  old  ene- 
mies and  with  mortification  by  his  old  friends,  he  was  rescued  by 
one  of  those  trivial  incidents  which  are  usually  thought  beneath 
the  dignity  of  history,  but  which  sometimes  explain  results  other- 
wise beyond  the  keenest  vision.  But  even  here,  in  this  fortunate 
reconciliation  with  his  late  and  successful  rival  in  the  game  of 
presidential  honors,  it  was  the  distinctive  peculiarity  of  his  char- 
acter and  the  honesty  of  his  nature  which  effected  his  deliver- 
ance.152 

Our  view  of  the  character  of  Monroe  would  be  incomplete,  so 
far  as  our  present  theme  is  concerned,  if  it  did  not  embrace  his 
qualities  as  a  public  speaker.  He  had  acquired  the  habit  of  de- 
bate in  the  House  of  Delegates  and  in  the  Congress  of  the  Con- 
federation, but  he  had  never  studied  the  art  of  speech.  Pronun- 
ciation, emphasis,  gesture,  in  their  full  significancy,  never  crossed 
his  mind  as  things  deserving  a  moment's  consideration  ;  and,  as 
he  did  not  value  them  himself,  so  he  set  a  very  slight  value  upon 
them  in  the  speaking  of  others.  Like  a  workman  who,  in 
choosing  from  the  forest  a  shaft  for  his  present  purpose,  heeds 


152  I  do  not  feel  altogether  at  liberty  to  state  the  circumstances  which 
led  to  the  reconciliation  between  Mr.  Madison  and  Colonel  Monroe, 
but  it  will  be  known  in  due  time. 


172  VIRGINIA    CONVENTION    OF    1788. 

Bj 

not  the  elevation  and  grandeur  of  the  tree  which  he  is  about  to 
fell,  or  the  magnificent  sweep  of  those  branches  which  have 
wrestled  with  the  tempests  of  ages,  or  in  the  shadow  of  which, 
ere  the  foot  of  the  Anglo-Saxon  had  touched  the  shores  of  the 
New  World,  the  Indian  hero  had  wooed  his  dusky  mate,  or  the 
tremulous  glory  of  its  leaf,  he  disregarded  that  splendid  illustra- 
tion which  invests  the  speeches  of  an  Everett  with  the  dignity 
of  an  epic,  and  looked  to  the  staple  of  a  speech  as  the  only  ob- 
ject that  could  justify  a  rational  creature  in  expending  his  own 
breath  and  the  time  of  other  people.  Hence  there  is  hardly  a 
perceptible  change,  certainly  no  improvement,  in  his  oratorical 
powers  from  the  beginning  to  the  end  of  his  parliamentary 
course.  As  he  spoke  now,  so  he  spoke  forty  years  later,  when, 
in  the  midst  of  an  august  assembly  whose  passions  were  roused 
by  a  prolonged  discussion  of  the  most  exciting  topics,  he  most 
unexpectedly  rose  to  present  his  views  of  the  subject  under  de- 
bate. Now,  as  then,  his  manner,  if  indeed  he  may  be  said  to 
have  had  any  manner  at  all,  was  to  the  last  degree  awkward, 
warring  at  once  with  the  common  laws  of  motion  and  the  estab- 
lished rules  of  pronunciation  ;  while  in  both  instances  his  matter 
was  sterling,  his  purposes  were  manifestly  sincere,  and  his  aims 
were  those  of  a  statesman  who  had  reflected  profoundly  upon  his 
theme.  What  seemed  at  the  first  view  to  be  a  defect,  really  con- 
tributed no  little  to  his  success  in  public  bodies.  The  temper  of 
mind  which  made  him  overlook  the  mere  drapery  of  rhetoric 
rendered  him  ever  ready  to  take  the  floor.  He  had  no  idea  of 
the  mollia  temporafandi.  He  could  not  conceive  why  a  man 
who  had  anything  to  say  could  not  say  it  at  one  time  as  well  as 
another.  The  same  temper  rendered  him  invulnerable  to  the 
gibes  of  wit  and  to  the  sword  of  sarcasm  ;  and,  free  from  ner- 
vous palpitations,  and  unhurt  in  the  wildest  storm  of  party  mis- 
siles, he  was  an  invaluable  leader  in  times  of  trouble. 

It  is  not  an  unworthy  office  to  hold  up  the  example  of  Monroe 
for  the  imitation  of  the  young,  and  especially  of  the  friendless 
young,  who  are  entering  on  the  public  stage.  It  is  a  beacon,  the 
light  of  which  may  not  necessarily,  in  the  shifting  changes  of  the 
world,  conduct  to  ultimate  triumph  in  politics,  but  will  lead  to 
personal  improvement,  certainly  to  distinction,  and  as  certainly 
to  the  esteem  and  love  of  mankind.  And  even  this  view  of  the 
subject  appears  low  when  we  look  abroad  and  embrace  within 


VIRGINIA    CONVENTION    OF    1788.  173 

the  scope  of  our  vision  those  grand  arrangements  of  Providence 
which  control  the  operation  of  human  affairs,  which  so  frequently 
confound  the  schemes  of  a  vain  imagination  and  even  of  brilliant 
genius,  and  which  stamp  the  moral  virtues  with  a  far  deeper  im- 
press of  approval  than  those  more  alluring  and  more  dazzling 
qualities  which  men  are  so  eager  to  cultivate  and  rely  upon  as 
the  foundation  of  success  in  the  business  of  life. 

We  have  said  that  the  training  of  Monroe  was  effected  mainly 
by  his  commerce  with  the  world;  and  to  him  the  scene  now 
shifting  its  many-colored  hues  around  him  was  the  best  of  schools. 
Before  he  entered  the  Convention  he  had  studied  the  new  plan 
carefully,  aided  by  the  lights  which,  from  both  sides,  had  been  cast 
upon  it  ;  and  during  the  present  discussion  he  had  listened  at- 
tentively, making  notes  of  the  arguments  and  referring  to  the 
cited  authorities  ;  and  his  speech  is  a  wonderful  proof  of  the 
success  with  which  he  prosecuted  his  labors.  Viewed  apart  from 
the  discussions  of  the  period,  both  in  and  out  of  the  House,  both 
on  the  rostrum  and  from  the  press,  it  evinces  not  only  a  thorough 
acquaintance  with  the  instrument  itself,  perfect  logical  consis- 
tency, and  no  little  familiarity  with  the  more  abstruse  illustra- 
tions drawn  from  ancient  and  modern  history,  with  which  it  was 
sustained  or  opposed,  but  such  a  comprehensive  grasp  of  his 
subject  as  to  lead  to  the  conviction  that  he  had  demonstrated  the 
true  cause  of  the  existing  troubles  of  the  country,  that  he  was 
ready  to  apply  an  immediate,  safe,  and  effective  remedy.  His 
introduction  was  modest  and  appropriate  :  "I  cannot  avoid  ex- 
pressing," he  said,  "the  great  anxiety  which  I  feel  upon  the 
present  occasion — an  anxiety  that  proceeds  not  only  from  a  high 
sense  of  the  importance  of  the  subject,  but  from  a  profound  respect 
for  this  august  and  venerable  assembly.  When  we  contemplate 
the  fate  that  has  befallen  other  nations,  whether  we  cast  our  eyes 
back  into  the  remotest  ages  of  antiquity,  or  derive  instruction 
from  those  examples  which  modern  times  have  presented  to  our 
view,  and  observe  how  prone  all  human  institutions  have  been  to 
decay  ;  how  subject  the  best  formed  and  wisely  organized  gov- 
ernments have  been  to  lose  their  checks  and  totally  dissolve  ; 
how  difficult  it  has  been  for  mankind,  in  all  ages  and  countries, 
to  preserve  their  dearest  rights  and  best  privileges,  impelled,  as 
it  were,  by  an  irresistible  fate  to  despotism  ;  if  we  look  forward 
to  those  prospects  that  sooner  or  later  await  our  country,  unless 


174  VIRGINIA  CONVENTION    OF    1788. 

we  shall  be  exempted  from  the  fate  of  other  nations,  even  to  a 
mind  the  most  sanguine  and  benevolent,  some  gloomy  apprehen- 
sions must  necessarily  crowd  upon  it.  This  consideration  is  suffi- 
cient to  teach  us  the  limited  capacity  of  the  human  mind — how 
subject  the  wisest  men  have  been  to  error.  For  my  own  part,  sir, 
I  come  forward  here,  not  as  the  partisan  of  this  or  that  side  of  the 
question,  but  to  commend  where  the  subject  appears  to  me  to 
deserve  commendation,  to  suggest  my  doubts  where  I  have  any, 
to  hear  with  candor  the  explication  of  others,  and,  in  the  ulti- 
mate result,  to  act  as  shall  appear  for  the  best  advantage  of  our 
common  country." 

He  called  attention  to  the  spectacle  of  a  people  about  to  frame 
a  new  plan  of  government  as  in  striking  contrast  with  the  history 
of  Europe  for  the  last  twelve  centuries  ;  pointed  out  the  distinct- 
ive elements  of  our  colonial  settlement,  and  the  change  effected 
by  the  Revolution,  which  put  the  government  into  the  hands  of 
one  class  only — not  of  nobles  and  freemen  as  in  other  systems, 
but  of  freemen  only  ;  that  the  success  of  the  American  polity 
could  only  be  sustained  by  the  union  of  the  States,  and  that  this 
union  was  dearly  cherished  by  all  the  States  except  Rhode 
Island,103  and  that  the  question  now  was  on  what  principles  the 
union  should  be  constructed.  With  a  view  of  reaching  a  cor- 
rect result,  he  reviewed  the  Federal  alliances  of  ancient  and 
modern  times,  and  especially  the  construction  of  the  Amphyc- 
tionic  Council,  and  showed  the  causes  of  its  downfall  ;  he  next  ad- 
verted to  the  Achaian  league,  and  pointed  out  its  closer  analogy 
with  the  Articles  of  Confederation,  arguing  with  seeming  force 
from  that  resemblance  that  our  Confederation  was  not  as  weak 
as  was  contended  by  the  friends  of  the  new  plan,  and  seeking  to 
sustain  his  argument  by  quotations  from  Polybius,  which  he  read 
to  the  House.  He  successively  reviewed  in  detail  the  constitu- 
tion of  the  Germanic  body,  of  the  Swiss  Cantons,  of  the  United 
Netherlands,  and  of  the  New  England  Confederacy,  and  inferred 
that  as  the  destruction  or  inadequacy  of  the  foreign  federal  asso- 
ciations arose  from  a  dissimilarity  of  structure  in  the  individual 
members,  the  facility  of  foreign  interference,  and  the  recurrence 


153  The  conduct  of  Rhode  Island  during  the  Revolution  and  subse- 
quently, met  with  no  quarter  from  either  side  of  the  House  throughout 
the  debates. 


VIRGINIA   CONVENTION    OF    1788.  175 

to  foreign  aid,  which  were  not  applicable  to  us,  there  was  no  pro- 
priety in  rejecting  a  federal  system  and  in  accepting  a  consoli- 
dated government  in  its  stead.  This  view  was  enforced  at  great 
length,  and  with  an  intimate  knowledge  of  the  circumstances  of 
the  country.  He  then  discussed  the  question,  "  What  are  the 
powers  which  the  Federal  Government  ought  to  possess?" 
arguing  from  various  considerations  that  the  entire  control  of 
commerce  ought  to  be  given  to  the  new  plan,  and  that  the  power 
of  direct  taxation,  from  its  inexpediency,  from  the  impracticability 
of  its  use,  and  from  its  peculiarity,  should  be  withheld  from  it, 
demonstrated  that  the  present  pressure  on  the  Confederation  was 
from  obvious  causes  not  likely  to  occur  again,  but  temporary, 
and  would  soon  pass  away  ;  and  that  the  means  of  relief,  in  addi- 
tion to  the  control  of  commerce  and  the  imposts  which  at  five 
per  cent,  it  was  estimated  would  exceed  a  million  of  dollars, 
would  be  found  in  the  sale  of  public  lands  which  were  rapidly 
settling,  in  loans,  which  would  be  readily  negotiated  at  a  low 
rate  under  the  auspices  of  a  large  and  certain  revenue,  and  in 
the  last  resort  to  requisitions  upon  the  States.  These  topics 
were  argued  deliberately  and  with  great  tact.  He  then  pro- 
ceeded to  analyze  the  new. scheme  of  government,  and  concluded 
that  it  was  dangerous  ;  that  a  bill  of  rights  was  necessary ;  that 
the  doctrine  that  all  powers  not  ceded  were  retained  might  prove 
utterly  delusive,  as  by  an  evasion  the  Congress,  under  the  clause 
which  gives  power  to  pass  all  laws  necessary  for  carrying  the 
plan  into  effect,  might  pass  what  laws  they  pleased,  and  might 
destroy  trial  by  jury,  and  the  liberty  of  the  press,  and  other 
precious  rights.  He  considered  the  alleged  probability  of  har- 
mony between  the  General  Government  and  the  States,  conclud- 
ing that,  as  history  did  not  afford  a  single  instance  of  the  con- 
current exercise  of  powers  by  two  parties  without  producing  a 
struggle  between  them,  such  would  certainly  be  the  case  with  us. 
He  then  objected  to  the  construction  of  the  executive  depart- 
ment as  violating  the  correct  idea  of  a  legislative  power,  and  of 
other  parts  of  the  new  plan,  ending  in  these  words, ' '  upon  review- 
ing this  government,  I  must  say,  under  my  present  impression, 
I  think  it  a  dangerous  government  and  calculated  to  secure 
neither  the  interests  nor  the  rights  of  our  countrymen.  Under 
such  an  one  I  shall  be  averse  to  embark  the  best  hopes  and 
prospects  of  a  free  people.  We  have  struggled  long  to  bring 


176  VIRGINIA  ^CONVENTION    OF    1788. 

about  this  Revolution  by  which  we  enjoy  our  present  freedom 
and  security.     Why  then  this  haste,  this  wild  precipitation?" 

Monroe  was  immediately  succeeded  on  the  floor  by  a  tall 
young  man,  slovenly  dressed  in  loose  summer  apparel,  with 
piercing  black  eyes,  that  would  lead  the  observer  to  believe  that 
their  possessor  was  more  destined  to  toy  with  the  Muses  than  to 
worship  at  the  sterner  shrine  of  Themis,  his  senior  by  three 
years  ;  who  had  been  his  colleague  in  the  old-field  school,  in  the 
army  of  the  North  through  a  long  and  perilous  war,  in  the  col- 
lege, and  at  the  bar ;  who,  as  on  the  present  occasion,  differed 
with  him  in  opinion,  as  on  all  others,  during  their  continuous  race 
of  half  a  century,  and  who  was  destined,  like  him,  to  fill  the 
mission  to  France  when  one  of  the  greatest  political  mael- 
stroms of  modern  times  was  in  full  whirl,  and  to  preside  in  the 
Department  of  War  and  in  the  Department  of  State  under  the 
Federal  Constitution.  But  when  one  of  them  withdrew  from  the 
House  of  Representatives  and  the  other  from  the  Senate  of  the 
United  States,  their  paths  diverged,  the  elder  devoting  himself 
entirely  to  politics,  the  younger  to  law,  each  with  such  success 
that  the  pen  which  traces  the  history  of  James  Monroe  as 
the  head  of  the  Federal  Executive,  will  record  on  the  same 
page  the  history  of  John  Marshall  as  the  head  of  the  Fed- 
eral Judiciary.  Marshall  was  in  his  thirty-third  year,  and 
from  the  close  of  the  war  to  the  meeting  of  the  Convention,  had 
applied  himself,  with  the  exception  of  an  occasional  session  in 
the  House  of  Delegates,  to  the  practice  of  the  law.  His  manners, 
like  those  of  Monroe,  were  in  strange  contrast  with  those  of  Ed- 
mund Randolph  or  of  Grayson,  and  had  been  formed  in  the 
tutelage  of  the  camp,  without,  however,  a  tinge  of  that  martinet 
address  which  derides  the  rule  of  Hogarth,  and  consists  in 
making  a  stiff  vertebral  column  the  line  of  beauty  and  of  grace  ; 
his  habits  were  convivial  almost  to  excess  ;  and  he  regarded  as 
matters  beneath  his  notice  those  appliances  of  dress  and  de- 
meanor which  are  commonly  considered  not  unimportant  to  ad- 
vancement in  a  public  profession.  Nor  should  those  personal 
qualities  which  cement  friendships  and  gain  the  affections  of 
men,  and  which  he  possessed  in  an  eminent  degree,  be  passed 
over  in  a  likeness  of  this  young  man — qualities  as  prominently 
marked  in  the  decline  of  his  honored  life,  when  his  robe  had 
for  a  third  of  a  century  been  fringed  with  ermine,  as  when,  in 


VIRGINIA   CONVENTION    OF    1788.  177 

the  heyday  of  youth,  dressed  in  a  light  roundabout,  he  won  his 
way  to  every  heart.  Nor,  as  it  is  our  duty  as  well  as  our  plea- 
sure to  dwell  on  the  domestic  relations  of  our  subjects,  should 
we  fail  to  say  that  he  had  married,  some  years  before,  a  charming 
woman,  whose  loveliness  was  the  least  of  her  perfections  ;  who 
was  the  guardian  angel  of  his  earlier  years,  beckoning  him  from 
the  snares  which  thickly  beset  his  amiable  temper  and  social  pro- 
pensities ;  who  was  the  delight  of  his  long  life  ;  whom,  when 
laid  for  years  upon  that  bed  from  which  she  was  never  to  rise, 
he  tended  with  the  watchfulness  of  early  love;  and  whom, 
when  taken  from  him  after  an  union  of  near  half  a  century,  he 
commemorated,  on  the  first  anniversary  of  her  death,  in  a  tri- 
bute which  never  saw  the  light  till  he  was  no  more,  written  with 
such  exquisite  pathos  as  to  touch  the  sternest  heart,  and  which, 
in  a  mere  literary  point  of  view,  excels  the  productions,  not  only 
of  his  own  pen,  but  the  pen  of  almost  all  his  illustrious  contem- 
poraries.15* 

His  speech  now  delivered  has  the  peculiar  marks  which  were 
visible  in  his  subsequent  speeches  in  the  House  of  Delegates, 
and  especially  in  that  most  celebrated  of  all  his  speeches — the 
speech  delivered  in  the  case  of  Jonathan  Robbins  in  the  House 
of  Representatives,  of  which  Gallatin,  when  pressed  by  a  leading 
politician  to  answer  it,  said  in  his  then  broken  English:  "An- 
swer it  yourself;  for  my  part  I  think  it  unanswerable."  It  will 
afford  in  after  times  a  worthy  theme  to  those  who  are  curious  in 
watching  the  development  of  a  great  mind  in  the  several  stages 
of  its  progress.  Nothing  could  be  more  directly  to  the  point 
than  its  exordium.  "  I  conceive,"  he  said  "that  the  object  of 
the  discussion  now  before  us  is  whether  democracy  or  despotism 
be  most  eligible.  I  am  sure  that  those  who  framed  the  system 
submitted  to  our  investigation,  and  those  who  now  support  it, 
intend  the  establishment  and  security  of  the  former.  The  sup- 

154  The  maiden  name  of  Mrs.  Marshall  was  Mary  Ambler,  who  was 
married  to  the  Judge  on  the  3d  of  January,  1783,  and  died  on  the  25th 
day  of  December,  1831.  The  paper  alluded  to  was  written  on  the  25th 
of  December,  1832,  and  may  be  found  in  Bishop  Meade's  "Old 
Churches,"  Etc.,  II,  222.  The  letter  of  Mr.  Jefferson  to  John  Adams  is 
another  specimen  of  tender  affection,  and  shows,  in  connection  with 
the  paper  in  question,  that  long  and  almost  exclusive  attention  to  pub- 
lic affairs  does  not  always  deaden  the  kindlier  feelings  of  the  heart. 
12 


178  VIRGINIA   CONVENTION    OF    1788. 

porters  of  the  Constitution  claim  the  title  of  being  firm  friends 
of  liberty  and  of  the  rights  of  mankind.  They  say  that  they 
consider  it  as  the  best  means  of  protecting  liberty.  We,  sir, 
idolize  democracy.  Those  who  oppose  it  have  bestowed  eulo- 
giums  on  monarchy.  We  prefer  this  system  to  any  monarchy, 
because  we  are  convinced  that  it  has  a  greater  tendency  to  se- 
cure our  liberty  and  promote  our  happiness.  We  admire  it, 
because  we  think  it  a  well-regulated  democracy.  It  is  recom- 
mended to  the  good  people  of  this  country ;  they  are,  through 
us,  to  declare  whether  it  be  such  a  plan  of  government  as  will 
establish  and  secure  their  freedom.  Permit  me  to  attend  to  what 
the  honorable  gentleman  (Henry)  has  said.  He  has  expatiated 
on  the  necessity  of  a  due  attention  to  certain  maxims,  to  certain 
fundamental  principles  from  which  a  free  people  ought  never  to 
depart.  I  concur  with  him  in  the  propriety  of  the  observance 
of  such  maxims.  They  are  necessary  in  any  government,  but 
more  essential  to  a  democracy  than  to  any  other.  What  are  the 
favorite  maxims  of  democracy  ?  A  strict  observance  of  justice 
and  public  faith,  and  a  steady  adherence  to  virtue.  These,  sir, 
are  the  principles  of  a  good  government.  No  mischief — no  mis- 
fortune ought  to  deter  us  from  a  strict  observance  of  justice  and 
public  faith.  Would  to  heaven  that  these  principles  had  been 
observed  under  the  present  government !  Had  this  been  the 
case,  the  friends  of  liberty  would  not  be  so  willing  now  to  part 
with  it.  Can  we  boast  that  our  government  is  founded  on  these 
maxims  ?  Can  we  pretend  to  the  enjoyment  of  political  freedom 
or  security,  when  we  are  told  that  a  man  has  been,  by  an  Act 
of  Assembly,  struck  out  of  existence  without  a  trial  by  jury, 
without  examination,  without  being  affronted  by  his  accusers 
and  witnesses,  without  the  benefits  of  the  law  of  the  land  ? 
Where  is  our  safety,  when  we  are  told  that  this  act  was  justifi- 
able, because  the  person  was  not  a  Socrates  ?155  What  has  be- 
come of  the  worthy  member's  maxims  ?  Is  this  one  of  them  ? 


153  Nothing  shows  more  plainly  the  desire  of  the  friends  of  the  Con- 
stitution to  undermine  the  influence  of  Henry  than  the  repetition  of 
this  charge,  which  is  not  only  false  in  every  respect,  but  which,  if  true, 
would  only  prove  mal-administration  in  the  State  government,  which 
the  new  plan,  if  adopted,  could  neither  punish  nor  prevent  a  repetition 
of.  The  belief  at  the  time  was,  though  wholly  wrong,  that  Henry,  as 
Governor,  had  recommended  the  measure. 


VIRGINIA    CONVENTION    OF    1788.  179 

Shall  it  be  a  maxim  that  a  man  shall  be  deprived  of  his  life  with- 
out the  benefit  of  law  ?  Shall  such  a  deprecation  of  life  be  justi- 
fied by  answering  that  the  man's  life  was  not  taken  secundum 
artem,  because  he  was  a  bad  man  ?  Shall  it  be  a  maxim  that 
government  ought  not  to  be  empowered  to  protect  virtue?  " 

His  purpose  was  to  follow  in  the  track  of  Henry  ;  and  pro- 
ceeded to  controvert  the  views  of  that  gentleman  on  the  Missis- 
sippi question;  on  the  relative  expediency  of  previous  and  subse- 
quent amendments,  and  on  the  propriety  of  vesting  the  power  of 
direct  taxation  in  Congress,  which  he  discussed  at  considerable 
length.  He  agreed  with  Henry  that  a  government  should  rest 
on  the  affections  of  the  people,  and  that  the  Constitution,  founded 
upon  their  authority,  and  resting  upon  them,  deserved  and  would 
receive  their  cordial  support ;  showed  that  the  argument  derived 
from  the  union  of  the  purse  and  the  sword  in  the  same  hands 
would  apply  to  every  government  as  well  as  the  one  under  con- 
sideration; that  the  objection  urged  against  the  Constitution  from 
the  construction  of  the  British  government,  which  requires  war  to 
be  declared  by  the  executive  and  the  resources  for  carrying  it  on 
to  be  provided  by  Parliament,  was  inapplicable,  and  that  in  fact 
the  new  plan  gave  a  far  greater  and  more  reliable  security  to  the 
people  ;  and  closed  with  an  able  and  critical  comparison  of  the 
British  Constitution  with  the  plan  under  discussion,  which  last, 
he  contended,  was  superior  in  every  respect  to  the  British,  and 
peculiarly  adapted  to  the  wants  and  to  the  genius  of  the  people 
of  America. 

When  we  look  to  the  subsequent  career  of  Monroe  and  Mar- 
shall, their  speeches  delivered  successively  in  the  same  debate 
have  an  interest  which  might  not  attach  to  them  in  an  abstract 
view.  The  speech  of  Marshall  is  direct  and  conclusive,  never 
departing  a  hair's  breadth  from  the  line  of  his  argument.  The 
objection  which  he  wishes  to  overcome  is  stated  fairly  and  fully, 
and  he  proceeds  forthwith  to  remove  it,  using  when  possible  the 
concessions  of  his  antagonist  for  his  purposes,  and  sometimes 
with  such  effect  that  an  honest  antagonist,  confiding  in  his  own 
maxims,  feels  inclined  to  accept  the  hostile  commentary  in  place 
of  his  own.  But  his  speech  on  this  occasion,  though  in  passing 
judgment  the  circumstances  of  its  delivery  must  be  kept  in  view, 
is  plainly  rather  that  of  a  lawyer  than  a  statesman.  He  demon- 
strates with  apparent  conclusiveness  the  propriety  of  adopting 


180  VIRGINIA^CONVENTION    OF    1788. 

the  Constitution,  but  he  seeks  to  effect  his  object  not  so  much  by 
arguments  derived  from  the  state  of  affairs,  or  from  an  examina- 
tion of  the  different  Federal  systems  analogous  to  our  own,  or 
from  a  statesmanlike  survey  of  the  instrument  itself,  but  mainly 
from  the  weakness  of  the  arguments  urged  against  it  by  its  oppo- 
nents, a  mode  of  argumentation  as  applicable  to  the  defence  of 
the  worst  as  well  as  the  wisest  political  system. 

In  drawing  the  auguries  of  subsequent  success  from  these 
speeches  of  the  young  debaters,  while  it  is  evident  that  each,  as 
an  intellectual  effort,  exhibited  abilities  likely  to  attain  distinction 
in  any  sphere  of  public  employment,  the  speech  of  Marshall 
indicates  those  qualities  which  become  rather  the  bar  and  the 
bench  than  the  Senate  and  the  cabinet,  while  the  opposite  con- 
clusion would  probably  be  drawn  from  the  speech  of  Monroe. 
It  will  be  observed  that  these  speeches,  although  following  con- 
secutively in  the  same  debate,  have  no  relation  to  each  other, 
each  speaker  having  arranged  his  line  of  argument  before  he 
entered  the  House. 

Those  who  have  come  upon  the  stage  since  this  illustrious  man 
has  descended  to  his  grave,  have  a  right  to  inquire  into  his 
habits  of  public  speaking.  Of  his  intellectual  powers,  the 
speeches,  few  indeed,  but  signally  representative,  which  he  has 
left  behind  him,158  his  celebrated  letter  to  Adet,  and  his  diplo- 
matic correspondence,  his  arguments  in  the  Virginia  reported 
cases,  and  above  all,  his  judicial  opinions,  which  from  the  first 
abounding  in  strength,  became  more  elaborate  and  more  elegant 
as  he  advanced  in  life,  afford  imperishable  materials  for  the  for- 
mation of  a  critical  judgment.  But  not  only  have  his  equals 
and  rivals,  who  heard  his  finest  speeches  at  the  bar  and  in  public 
assemblies,  passed  away  with  him,  but  nearly  all  of  that  brilliant 
second  growth  of  eminent  men  who  took  their  places  at  the  bar, 
and  on  whose  ears  the  echoes  of  his  speeches  were  almost  as 
distinct  as  the  original  sounds  which  gave  them  birth,  now  rest 
beneath  the  sod.  There  is  not  more  than  one  man  living  in  Vir- 
ginia, himself  distinguished,  who  heard  his  speeches  in  the  House 
of  Delegates  during  Washington's  administration,  nor,  perhaps, 

156  j  regret  to  say  that  with  the  exception  of  his  speech  in  the  present 
Convention,  in  the  case  of  Jonathan  Robbins,  and  those  in  the  Conven- 
tion of  1829-30,  I  fear  all  are  lost ;  but  even  in  this  respect  he  is  more 
fortunate  than  most  of  his  compeers. 


VIRGINIA    CONVENTION   OF    1788.  181 

with  the  exception  of  an  eminent  citizen  of  Massachusetts,  who, 
in  extreme  old  age  but  with  unimpaired  faculties,  appeared  to 
honor  a  literary  festival  recently  held  in  his  native  State,107  who 
heard  the  speech  of  Marshall  in  the  case  of  Jonathan  Robbins. 
Yet,  we  are  rejoiced  to  say  that  so  prolonged  was  his  life,  so 
prominent  was  his  position  as  the  head  of  the  Federal  Judiciary 
and  the  presiding  judge  of  his  circuit  for  the  first  third  of  the 
present  century,  so  accessible  by  the  young  as  well  as  the  old,  by 
the  poor  as  well  as  the  rich,  by  the  fair  sex  as  well  as  the  manlier, 
the  former  of  which  he  treated  with  a  true  and  a  high  chivalrous 
courtesy,  which  Bayard  could  not  have  surpassed — a  courtesy 
the  more  sincere,  as  it  was  but  the  reflection  of  his  own  guileless 
bosom — that  there  are  hundreds  yet  living  who  can  recall  with 
delight  the  modest  and  the  deep  thoughtful  lines  of  his  benignant 
face,  those  piercing  black  eyes  which  never  let  the  image  of  a  friend 
any  more  than  the  semblance  of  an  argument  escape  his  vision, 
and  his  lofty  figure  clothed  in  the  plainest  dress  of  an  ordinary 
citizen,  and  mingling  constantly  and  kindly  with  his  fellow-men 
in  the  street,  in  the  market,  on  the  quoit-ground,  or  reverently 
bent  in  the  humblest  posture  at  the  Throne  of  Grace.  But,  in- 
timate as  was  his  knowledge  of  the  human  heart,  gathered  from 
a  long  experience  in  the  camp  and  at  the  bar,  those  fruitful 
schools  of  human  nature,  it  was  not  by  appeals  to  the  interests 
and  to  the  passions  of  men  that  he  sought  to  lay  the  stress  of 
his  public  efforts.  Indeed,  so  utterly  did  he  disregard  all  such 
appeals,  that  he  launched  in  the  opposite  extreme,  and  as  if 
conscious  of  the  true  sources  of  his  power,  he  avoided  every- 
thing that  might  influence  the  mind  through  the  eye.  Indeed, 
like  his  friend  Monroe,  he  had  no  manner  at  all  as  a  public 
speaker,  if  by  manner  we  mean  something  deliberate  and  studied 
in  action ;  and  he  might  be  as  readily  expected  to  speak  in  a 
court-room  with  his  hands  on  a  chair,  or  with  one  of  his  legs 
over  its  back,  or  within  two  feet  of  a  presiding  officer  in  a  public 
body,  as  in  any  other  way.  We  have  heard  in  early  life  from 
those  who  knew  him  at  the  bar,  that  his  manner  did  not  differ 

)T  The  Hon.  Josiah  Quincey,  who  said  in  his  speech  on  the  occasion 
alluded  to  that  he  was  the  only  living  member  of  Congress  of  the  last 
century.  Governor  Tazewell  entered  the  House  of  Representatives 
in  1800  to  fill  Judge  Marshall's  unexpired  term. 


182  VIRGINIA    CONVENTION    OF    1788. 

% 

essentially  from  what  it  was  when,  forty  years  later  than  our 
present  period,  in  the  Convention  of  1829-30,  at  several  im- 
portant conjunctures,  under  a  sense  of  deep  responsibility,  and 
pressed  by  powerful  opponents,  he  engaged  in  discussion.  In 
the  common  parts  of  his  discourse  he  spoke  with  a  serious 
earnestness  and  with  an  occasional  swing  of  his  right  arm,  but 
when  he  became  animated,  as  we  once  beheld  him,  by  the  de- 
livery of  his  theme,  which  was  the  true  import  of  certain  words 
of  the  Federal  Constitution  relating  to  the  Judiciary,  and  by  the 
presence  of  several  of  the  most  astute  men  of  that  age  who  were 
opposed  to  him  in  debate,  and  who  were  watching  him  to  his 
destruction,  he  rose  to  the  highest  pitch  of  pathetic  declamation 
thoroughly  blended  with  argument,  the  most  powerful  of  all 
declamation  ;  and  he  might  have  been  seen  leaning  forward  with 
both  arms  outstretched  towards  the  chair,  as  if  in  the  act  of 
calling  down  vengeance  on  his  opponents,  or  of  deprecating 
some  enormous  evil  which  was  about  to  befall  his  country;  while 
the  tones  of  his  voice,  exalted  above  his  usual  habit,  were  in 
plaintive  unison  with  his  action.  The  report  of  this  remarkable 
debate  may  be  found  elsewhere.158  The  triumph  of  Marshall's 
eloquence  was  heightened  by  the  almost  unequalled  talents  which 
were  arrayed  against  him — by  the  subtle  and  terrible  strength  of 
Tazewell,  by  the  severe  and  sustained  logic  of  Barbour,  by  the 
versatile  and  brilliant  but  vigorous  sallies  of  Randolph,  whose 
fame  as  the  chairman  of  the  Judiciary  committee  of  1802,  which 
reported  the  bill  of  repeal  of  the  law  passed  by  the  Fed- 
eralists altering  the  judiciary  system  to  the  House  of  Repre- 
sentatives, was  at  stake,  and  by  the  extraordinary  skill  and 
blasting  sarcasm  of  Giles,  heightened  and  stimulated  by  the 
recollections  of  ancient  feuds  which  still  burned  brightly  in  the 
breast  of  his  antagonist  and  in  his  own,  and  from  a  sense  of 
personal  reputation  which  was  involved  in  the  passage  of  the 
act  of  repeal  in  the  House  of  Representatives,  which  he  mainly 
carried  through  that  body.  Of  all  the  scenes  which  occurred  in 
the  Convention  of  1829-30,  varied,  animated,  and  intellectual  as 
they  were,  whether  we  respect  the  exciting  nature  of  the  topic 
in  debate,  the  zeal,  the  abilities,  the  public  services,  the  venerable 


In  the  Debates  of  the  Virginia  Convention  of  1829-30. 


VIRGINIA   CONVENTION    OF    1788.  183 

age,  and  the  historical  reputation  of  those  who  engaged  in  the 
discussion — all  enhanced  in  interest  by  the  unequal  division  of 
the  combatants  in  the  field,  this  was,  perhaps,  the  most  striking 
which  occurred  in  that  body.  And  we  feel  the  solemnity  of  this 
scene  the  more,  when  we  recall  the  fact  that  in  less  than  five 
years  from  the  date  of  this  eloquent  exhibition  of  their  faculties, 
every  member  who  participated  in  the  discussion,  with  the  ex- 
ception of  one  who  is  yet  living,  was  consigned  to  the  grave. 

Now  on  such  an  occasion,  opposed  as  we  were  to  his  views, 
and  familiar  with  the  topic  as  we  then  were — a  topic  which  had 
been  so  thoroughly  discussed  in  Congress  as  to  be  incapable  of 
novelty — we  could  but  accord  the  palm  of  eloquence  to  Mar- 
shall ;  and  as  that  eloquence  did  not  consist  in  the  strength  of 
his  argument — for  we  thought  his  opponents  had  the  better  of  the 
argument,  or  at  least  the  right  side  of  the  question — it  was  the 
triumph  of  his  action,  at  once  unexpected  to  his  audience, 
unpremeditated  by  himself,  and  affording  an  unequivocal  proof 
of  what  he  was  capable  of  accomplishing  on  a  proper  occasion 
and  in  the  prime  of  his  powers. 

As  soon  as  Marshall  had  resumed  his  seat,  and  while  the 
members  were  exchanging  opinions  respecting  the  relative  merits 
of  the  two  young  men  who  had  just  appeared  for  the  first  time 
on  the  floor,  there  arose  a  large  and  venerable  old  man,  elegantly 
arrayed  in  a  rich  suit  of  blue  and  buff,  a  long  queue  tied  with 
a  black  ribbon  dangling  from  his  full  locks  of  snow,  and  his  long, 
black  boots  encroaching  on  his  knees,  who  proceeded,  evidently 
under  high  excitement,  to  address  the  House.  He  had  been 
so  long  a  member  of  the  public  councils  that  even  Wythe  and 
Pendleton  could  not  easily  recall  the  time  when  he  had  not  been 
a  member  of  the  House  of  Burgesses.  His  ancestors  had  landed 
in  the  Colony  before  the  first  House  of  Burgesses  had  assembled 
in  the  church  on  the  banks  of  the  James,  and  had  invoked  in 
the  presence  of  Governor  Yeardley  the  blessing  of  heaven  on 
the  great  enterprise  of  founding  an  Anglo-Saxon  colony  ori  the 
continent  of  America.  One  of  his  ancestors  had  been  governor 
of  Somer's  Islands,  when  those  islands  were  a  part  of  Virginia. 
Others  had  been  members  and  presidents  of  the  Council  of  Vir- 
ginia from  the  beginning  of  the  seventeenth  century  to  that 
memorable  day  in  August,  1774,  when  the  first  Virginia  Conven- 


184  VIRGINIA    CONVENTION    OF    1788. 

tion  met  in  Williamsburg,  and  appointed  the  first  delegation  to 
the  American  Congress.159  Of  that  delegation,  whose  names  are 
familiar  to  our  school-boys,  and  will  be  more  familiar  to  the  youth 
of  future  generations,  this  venerable  man  had  been  a  member, 
had  hastened  to  Philadelphia,  and  had  declared  to  John  Adams 
that,  if  there  had  been  no  other  means  of  reaching  the  city,  he 
would  have  taken  up  his  bed  and  walked.  But  this  was  not  his 
first  engagement  in  the  public  service.  Educated  at  William 
and  Mary,  when  that  institution  was  under  the  guardianship  of 
Commissary  Blair,  he  entered  at  an  early  age  the  House  of 
Burgesses,  and  in  the  session  of  1764  was  a  member  of  the  com- 
mittee which  drafted  the  memorials  to  the  king,  the  lords,  and 
the  commons  of  Great  Britain  against  the  passage  of  the  Stamp 
Act.  During  the  following  session  of  the  House  of  Burgesses,  in 
1765,  he  opposed  the  resolutions  of  Henry,  not  from  any  want 
of  a  cordial  appreciation  of  the  doctrines  asserted  by  them,  but 
on  the  ground  that  the  House  had  not  received  an  answer  to  the 
memorials  which  he  had  assisted  in  drawing  the  year  before, 
which  were  daily  expected  to  arrive.  In  the  patriotic  associa- 
tions of  those  times  his  name  was  always  among  the  first  on  the 
roll.  He  was  a  member  of  all  the  Conventions  until  the  inaugu- 
ration of  the  Commonwealth,  and  in  the  first  House  of  Delegates 
gave  a  hearty  co-operation  in  accommodating  the  ancient  polity 
of  the  Colony  to  the  requisitions  of  a  republican  system.  But 
his  most  arduous  services  were  rendered  in  the  Congress,  and 
as  a  representative  of  Virginia  in  that  body  he  signed  the  Decla- 
ration of  American  Independence.  While  in  Congress  he  had 
presided  on  the  most  important  committees,  especially  on  those 
relating  to  military  affairs,  and  on  the  Committee  of  the  Whole 
during  the  animated  discussions  on  the  formation  of  the  Articles 
of  Confederation,  and  had  been  repeatedly  deputed  by  Congress 
on  various  missions  at  critical  periods  to  the  army  and  to  the 
States.  On  his  return  home  he  had  been  regularly  a  member  of 
the  House  of  Delegates,  of  which  he  was  almost  invariably  the 
Speaker  while  he  had  a  seat  in  the  Assembly.  He  was  in  the 


159  That  delegation  consisted  of  Peyton  Randolph,  George  Wash- 
ington, Benjamin  Harrison,  Edmund  Pendleton,  Patrick  Henry,  and 
Richard  Bland. 


VIRGINIA    CONVENTION    OF    1788.  185 

chair  of  the  House  when,  in  1777,  the  bill  attainting  Philips  had 
been  passed,  and  he  knew  that  the  bill  had  been  drawn  by  Jeffer- 
son, his  old  colleague  in  the  House  of  Burgesses,  in  the  Conven- 
tions, and  in  Congress,  in  whose  judgment  and  patriotism  he  had 
unlimited  confidence.  He  remembered  what  a  dark  cloud  was 
resting  upon  his  country  when  the  miscreant  Philips  with  his 
band  was  plundering  and  murdering  the  wives  and  daughters  of 
the  patriotic  citizens  of  Norfolk  and  Princess  Anne,  who  were 
engaged  elsewhere  in  defending  the  Commonwealth,  attacking 
them  in  the  dead  of  night,  burning  their  habitations,  perpetrating 
the  vilest  outrages,  and  then  retreating  at  daybreak  into  the 
recesses  of  the  swamp ;  and  that  all  the  Assembly  had  done 
under  such  provocation  was  to  provide  that,  if  the  wretch  did 
not  appear  within  a  certain  time  and  be  tried  by  the  laws  of  the 
Commonwealth  for  the  crimes  with  which  he  was  charged,  he 
should  be  deemed  an  outlaw ;  and  he  felt  indignant  that  such  a 
patriotic  measure,  designed  to  protect  the  lives  and  property  of 
the  people,  should  be  wrested  from  its  true  meaning  by  the  quib- 
bles of  attorneys,  and  receive  such  severe  condemnation.  Before 
he  took  his  seat  he  declared  his  opposition  to  the  Constitution, 
little  dreaming  that  the  half-grown  boy  whom  he  had  left  at 
Berkeley  blazing  away  at  the  cat- birds  in  the  cherry-trees,  or 
angling  from  a  canoe  for  perch  in  the  river  that  flowed  by  his 
farm,  would  one  day  wield  the  powers  of  that  executive  which 
he  now  pronounced  so  kingly. 

When  Benjamin  Harrison  Jraa  pronounced  the  accusation  of 
the  General  Assembly  in  respect  to  Josiah  Philips,  unjust,  he 
declared  that  it  had  been  uniformly  lenient  and  moderate  in  its 
measures,  and  that,  as  the  debates  would  probably  be  published, 
he  thought  it  very  unwarrantable  in  gentlemen  to  utter  expres- 
sions here  which  might  induce  the  world  to  believe  that  the 
Assembly  of  Virginia  had  perpetrated  murder.  He  reviewed  in 
a  succinct  manner  the  proposed  plan  of  government,  declared 
that  it  would  infringe  the  rights  and  liberties  of  the  people;  that 
he  was  amazed  that  facts  should  be  so  distorted  with  a  view  of 
effecting  the  adoption  of  the  Constitution,  and  that  he  trusted 
they  would  not  ratify  it  as  it  then  stood.  This  aged  patriot  did 
not  engage  in  debate  during  the  subsequent  proceedings  of  the 
Convention.  He  felt  that  his  time  of  departure  was  near,  and  in 
less  than  three  years  after  the  adjournment  of  the  Convention,  at 


186  VIRGINIA    CONVENTION    OF    1788. 

• 

Berkeley  his  patrimonial  seat  on  the  James,  he  was  gathered  to 
his  fathers.160 

George  Nicholas  replied  to  Harrison  that  in  the  case  of  Philips, 
the  turpitude  of  a  man's  character  was  not  a  sufficient  reason  to 
deprive  him  of  his  life  without  a  trial — that  such  a  doctrine  was 
a  subversion  of  every  shadow  of  freedom.  He  then  passed  to 
an  examination  of  the  various  arguments  which  had  been  urged 
by  Henry  in  his  last  speech,  taking  them  up  one  by  one,  and 
sought  to  demonstrate  that  they  were  either  unsound  in  them- 


160 1  have  represented  Harrison  as  a  large  man,  over  six  feet;  but  the 
reader  will  not  confound  him  with  his  namesake  and  relative,  Benjamin 
Harrison,  who  removed  to  Georgia,  where  he  died  in  1818,  aged  forty- 
five,  and  who  measured  seven  feet  two  inches  and  a-half  in  his  stock- 
ings I  frequently  allude  to  the  stature  of  our  early  statesmen,  not 
only  because  their  physical  qualities  are  proper  subjects  for  remark, 
but  because  of  the  theory  of  the  French  philosopher  about  the  dwindling 
of  the  human  race  on  this  side  of  the  Atlantic  was  a  playful  subject 
with  our  fathers.  Every  member  of  the  first  deputation  to  Congress 
reached  six  feet  or  over.  Randolph.  Washington,  Henry,  Pendleton, 
R.  H.  Lee,  Bland,  and  Harrison  were  six  feet — their  average  height 
being  over  six  feet,  and  their  average  weight  would  have  been  two 
hundred. 

In  another  place  I  have  spoken  of  Herman  Harrison  as  one  of  the 
early  governors  of  Virginia;  I  should  have  said  of  the  Somer's  Islands. 
By  the  way,  it  was  during  the  term  of  Herman  Harrison  that  tobacco 
worms  and  rats  became  popular  on  our  plantations,  as  will  be  seen  by 
the  tract  of  Captain  John  Smith  on  the  "  Confusion  of  Rats,"  Vol.  II,  141. 
From  copies  of  records  in  the  British  State  Paper  Office,  made  by  my 
friend  Conway  Robinson,  Esq.,  I  perceive  that  the  Harrisons  were 
among  the  earlier  settlers.  I  ought  to  allude  to  the  harsh  comments 
on  Colonel  Harrison,  which  appear  in  the  diary  of  John  Adams,  recently 
published  in  the  edition  of  his  works  by  his  son.  It  was  evidently  a 
hasty  entry,  made  under  some  casual  provocation,  and  never  revised. 
There  could  be,  however,  but  little  congeniality  between  the  two  men. 
from  their  tastes  and  prejudices,  and  their  modes  of  life,  but  it  is 
known  that  there  was  something  like  a  feud  in  the  Virginia  delegation 
at  the  time  the  entry  was  made,  and  Adams  sided  warmly  with  Richard 
Henry  Lee  and  against  Harrison.  Perhaps  this  notice  is  all  the  entry 
requires  and  deserves.  Harrison  corresponded  with  Washington 
during  the  war,  and  in  one  of  his  letters  commended  Edmund  Ran- 
dolph to  him  as  a  promising  young  man,  when  that  young  man,  in  1775, 
visited  Cambridge  with  a  view  of  entering  the  army.  A  copy  of  this 
letter,  which  is  too  racy  for  publication,  I  have  in  my  collection,  and  am 
indebted  for  it  to  George  M.  Conarroe,  Esq.,  of  Philadelphia. 


VIRGINIA   CONVENTION    OF    1788.  187 

selves  or  inapplicable  to  the  plan  under  consideration.     On  the 
conclusion  of  the  speech  of  Nicholas,  the  House  adjourned. 

On  Wednesday,  the  eleventh  of  June,  the  first  and  second  sec- 
tions still  nominally  the  order  of  the  day,  and  Wythe  in  the 
chair,  Madison  took  the  floor  and  discussed  the  subject  of  direct 
taxation  in  all.  its  bearings,  replying  by  the  way  to  the  argu- 
ments of  Henry  against  the  expediency  of  vesting  that  power  in 
the  Constitution,  and  delivered  the  most  elaborate  speech  of  his 
whole  life.  It  will  ever  afford  an  admirable  commentary  on  that 
part  of  the  Constitution  which  it  was  designed  to  expound.  But 
our  limits  will  allow  us  only  to  refer  to  a  topic  he  touched  upon, 
which  has  a  singular  interest  in  connection  with  his  subsequent 
career  in  the  administration  of  the  Federal  Government.  When 
he  had  showed  the  importance  of  a  certain  and  adequate  revenue 
to  a  State  in  order  to  guard  against  foreign  aggression,  he  said : 
<l  I  do  not  want  to  frighten  the  members  of  this  Convention  into 
a  concession  of  this  power,  but  to  bring  to  their  minds  those 
considerations  which  demonstrate  its  necessity.  If  we  were 
secured  from  the  possibility  or  the  probability  of  danger,  it 
might  be  unnecessary.  I  shall  not  review  that  concourse  of 
dangers  which  may  probably  arise  at  remote  periods  of  maturity, 
nor  all  those  which  we  have  immediately  to  apprehend ;  for  this 
would  lead  me  beyond  the  bounds  which  I  have  prescribed  my- 
self. But  I  will  mention  one  single  consideration  drawn  from 
the  fact  itself.  By  the  treaty  between  the  United  States  and  his 
most  Christian  majesty,  among  other  things  it  is  stipulated  that 
the  great  principle  on  which  the  armed  neutrality  in  Europe  was 
founded,  should  prevail  in  case  of  future  wars.  The  principle  is 
this,  that  free  ships  shall  make  free  goods,  and  that  vessels  and 
goods  both  shall  be  free  from  condemnation.  Great  Britain  did 
not  recognize  it.  While  all  Europe  was  against  her,  she  held 
out  without  acceding  to  it.  It  has  beer*  considered  for  some 
time  past  that  the  flames  of  war  already  kindled  would  spread, 
and  that  France  and  England  were  likely  to  draw  those  swords 
which  were  so  recently  put  up.  This  is  judged  probable.  We 
should  not  be  surprised  in  a  short  time  to  consider  ourselves  a 
neutral  nation ;  France  on  one  side  and  Great  Britain  on  the  other. 
What  is  the  situation  of  America  ?  She  is  remote  from  Europe 
and  ought  not  to  engage  in  her  politics  or  wars.  The  American 
vessels,  if  they  can  do  it  with  advantage,  may  carry  on  the  com- 


188  VIRGINIA    CONVENTION    OF    1788. 

merce  of  the  contending  nations.  It  is  a  source  of  wealth 
which  we  ought  not  to  deny  to  our  citizens.  But,  sir,  is  there 
not  infinite  danger,  that  in  spite  of  all  our  caution  we  may  -be 
drawn  into  the  war  ?  If  American  vessels  have  French  prop- 
erty on  board,  Great  Britain  will  seize  them.  By  this  means  we 
shall  be  obliged  to  relinquish  the  advantage  of  a,  neutral  nation, 
or  be  engaged  in  a  war.  A  neutral  nation  ought  to  be  respect- 
able, or  else  it  will  be  insulted  or  attacked.  America  in  her 
present  impotent  situation  would  run  the  risk  of  being  drawn  in 
as  a  party  in  the  war,  and  lose  the  advantage  of  being  neutral. 
Should  it  happen  that  the  British  fleet  should  be  superior,  have 
we  not  reason  to  conclude,  from  the  spirit  displayed  b}^  that 
nation  to  us  and  to  all  the  world,  that  we  should  be  insulted  in 
our  own  ports,  and  our  vessels  seized  ?  But  if  we  be  in  a  respect- 
able situation,  if  it  be  known  that  our  government  can  command 
the  whole  resources  of  the  nation,  we  shall  be  suffered  to  enjoy 
the  great  advantages  of  carrying  on  the  commerce  of  the  nations 
at  war,  for  none  of  them  would  be  anxious  to  add  us  to  the  num- 
ber of  their  enemies.  I  shall  say  no  more  on  this  point,  there 
being  others  which  merit  your  consideration." 

The  future  historian,  when  he  peruses  the  speech  from  which 
we  have  made  an  extract,  will  pause  in  silent  wonder,  and  will 
hesitate  whether  most  to  admire  the  thorough  knowledge  of  the 
operations  of  a  government  yet  untried  which  it  displays,  the 
vigor  of  its  reasoning,  now  close,  now  wide,  as  the  particular 
topic  in  hand  required,  or  the  profound  sagacity  of  its  author. 

Madison  was  succeeded  by  George  Mason.  It  has  been 
remarked  by  one  of  the  most  celebrated  orators  of  the  present 
age,  that  it  is  an  advantage  to  a  speaker  of  the  first  order  of 
ability,  and  to  such  only,  to  succeed  the  delivery  of  a  first-rate 
speech,  that  the  attention  of  the  audience  is  fixed  firmly  on  the 
subject  in  debate,  and  that  there  is  a  craving  for  a  reply.161  In 
this  respect,  Mason  could  not  have  been  more  fortunate,  and  in 
another  not  less  so  ;  for  the  speech  which  had  just  been  delivered 
was  addressed  to  the  reason  and  not  to  the  passions  of  the 
House,  and  the  eminent  perfection  of  Mason  rested  on  his  logi- 
cal power,  in  his  knowledge  of  the  British  polity,  and  in  his 
experience  as  a  statesman.  Hitherto  Henry  had  stood  alone — 


Lord  Brougham's  Miscellanies,  I,  184,  note. 


VIRGINIA   CONVENTION    OF    1788.  189 

alone,  but  unsubdued — exposed  to  the  severest  fire  which  up  to 
this  moment  in  our  parliamentary  history  had  ever  been  levelled 
against  a  single  speaker.  The  maxims  drawn  by  Henry  from 
the  British  Constitution,  and  so  long  accepted  as  undeniable 
truths,  the  examples  cited  by  him  from  ancient  and  modern  his- 
tory, the  practical  doctrines  and  lessons  drawn  from  our  own 
institutions,  which  he  had  from  time  to  time  reiterated  in  the 
House,  had  been  examined  in  detail  by  the  able  debaters  who 
had  successively  appeared  on  the  rloor,  and  had  almost  been 
frittered  away,  and  in  the  comparatively  brief  space  of  time 
allowed  for  a  reply  amid  the  innumerable  arguments  against  the 
new  plan  with  which  his  mind  was  teeming,  as  the  discussion 
advanced,  and  as  the  fate  of  the  Constitution  was  drawing  nigh, 
it  was  impossible  for  him  to  reply  in  detail.  Hence  the  service 
of  such  a  coadjutor  as  Mason  at  that  time  was  as  appropriate  as 
it  was  welcome. 

After  some  observations  on  the  propriety  of  arguing  at  large 
instead  of  confining  the  debate  to  a  particular  clause  in  the 
present  condition  of  the  House,  he  reverted  to  an  argument  of 
Nicholas',  borrowed  from  Dr.  Price,  on  the  subject  of  the  repre- 
sentation of  the  British  people  in  the  House  of  Commons,  and 
showed  that  the  remark  could  only  apply  to  a  single  political 
system — a  government  totus  leres  alque  rotundus—\.\\a.t  as  it  was 
admitted  by  Nicholas  that  five  hundred  and  fifty  members  could 
be  bribed,  then  it  was  as  much  easier  to  bribe  sixty-five,  the 
number  of  the  new  House  of  Representatives,  as  sixty  five  was 
less  five  hundred  and  fifty  ;  that  the  bribery  of  the  House  of 
Commons  was  effected  mainly  by  the  distribution  of  places, 
offices  and  posts,  and  that  Congress  was  authorized  to  create 
these  at  its  discretion,  and,  as  he  sought  to  show,  without  any 
practical  restraint.  He  proceeded  to  prove  that  the  unlimited 
power  of  taxation  vested  in  the  Constitution  would  ultimately 
result  in  the  oppression  of  the  people  ;  that  the  concurrent 
power  of  taxation  by  two  governments  would  necessarily  clash  ; 
that  the  mode  of  requisitions,  while  it  would  promote  economy 
in  the  administration  of  the  Federal  Government,  would  prevent 
any  unpleasant  collision  between  the  parties,  and  that  he  was 
willing  to  yield  the  power  of  taxation  as  a  resource  where  requi-  f 
sitions  failed.  He  showed  what  would  be  the  subject  of  taxation 
under  the  new  plan,  establishing  his  point  by  a  quotation  from  a 


190  VIRGINIA    CONVENTION    OF    1788. 

letter  of  Robert  Morris,  the  financier  of  the  government,  de- 
nounced the  poll-tax,  as  well  as  the  other  taxes  proposed  in  that 
letter,  as  peculiarly  severe  upon  the  slave-holding  States,  and 
invoking  a  certain  conflict  between  the  governments.  He 
denied  that  Congress  would  possess  the  proper  information  for 
the  assessment  of  direct  taxes,  especially  as  it  was  said  that  the 
body  would  be  composed  of  the  well-born — that  aristocratic 
idol,  that  flattering  idea,  that  exotic  plant,  which  has  been  lately 
imported  from  Great  Britain  and  planted  in  the  luxuriant  soil  of 
this  country.162  He  established  the  position  of  Henry  about  the 
difficulty  of  getting  back  powers  once  given  away,  and  showed 
that  out  of  a  thousand  instances  where  the  people  precipitately 
and  unguardedly  relinquished  power,  there  has  not  yet  been  one 
solitary  instance  of  a  voluntary  surrender  of  it  back  by  rulers, 
and  defied  the  production  of  a  single  case  to  the  contrary. 
Following  the  line  of  argument  pursued  by  Randolph,  he  ex- 
pressed his  love  of  the  union  and  his  opinion  on  another  topic 
not  devoid  of  interest  at  the  present  time.  "The  gentleman 
(Randolph)  dwelt  largely  on  the  necessity  of  the  union.  A 
great  many  others  have  enlarged  upon  this  subject.  Foreigners 
would  suppose,  from  the  declamation  about  union,  that  there 
was  a  great  dislike  in  America  to  any  general  American  govern- 
ment. I  have  never  in  my  whole  life  heard  one  single  man 
deny  the  necessity  and  propriety  of  the  union.  This  necessity 
is  deeply  impressed  upon  every  American  mind.  There  can  be 
no  danger  of  any  object  being  lost  when  the  mind  of  every  man 
in  the  country  is  strongly  attached  to  it.  But  I  hope  it  is  not  to 
the  name,  but  to  the  blessings  of  union  that  we  are  attached. 
Those  gentlemen  who  are  the  loudest  in  their  praises  of  the 
name  are  not  more  attached  to  the  reality  than  I  am.  The 
security  of  our  liberty  and  happiness  is  the  object  we  ought  to 
have  in  view  in  wishing  to  establish  the  union.  If,  instead  of 
securing  these  we  endanger  them,  the  name  of  union  will  be  but 
a  trivial  consolation.  If  the  objections  be  removed — if  those 
parts  which  are  clearly  subversive  of  our  rights  be  altered— no 
man  will  go  further  than  I  will  to  advance  the  union.  We  are 
told  in  strong  language  of  the  dangers  to  which  we  will  be  ex- 


62  The  term  "  well-born  "  had  dropped  in  conversation  from  a  friend 
of  the  Constitution. 


VIRGINIA    CONVENTION   OF    1788.  191 

posed  unless  we  adopt  this  Constitution.  Among  the  rest, 
domestic  safety  is  said  to  be  endangered.  This  government  does 
not  attend  to  our  domestic  safety.  It  authorizes  the  importation 
of  slaves  for  twenty-odd  years,  and  thus  continues  upon  us  that 
nefarious  trade.  Instead  of  securing  and  protecting  us,  the 
continuation  of  this  trade  adds  daily  to  our  weakness.  Though 
this  evil  is  increasing,  there  is  no  clause  in  the  Constitution  that 
will  prevent  the  Northern  and  Eastern  States  from  meddling  with 
our  whole  property  of  that  kind.  There  is  a  clause  to  prohibit 
the  importation  of  slaves  after  twenty  years  ;  but  there  is  no 
provision  made  for  securing  to  the  Southern  States  those  they 
now  possess.  It  is  far  from  being  a  desirable  property.  But  it 
will  involve  us  in  great  difficulty  and  infelicity  to  be  now  deprived 
of  them.  There  ought  to  be  a  clause  in  the  Constitution  to 
secure  us  that  property,  which  we  have  acquired  under  our  for- 
mer laws,  and  the  loss  of  which  would  bring  ruin  on  a  great 
many  people." 

When  Mason  had  replied  to  most  of  the  arguments  of  Ran- 
dolph, maintaining  his  opinions  from  authorities,  which  he  read 
on  the  floor,  he  discussed  the  objection  of  the  difficulties  that 
might  result  from  delay,  and  referred  to  the  inconsistency  of  the 
course  of  that  gentleman  :  "  My  honorable  colleague  in  the  late 
Convention  seems  to  raise  phantoms,  and  to  show  a  singular 
skill  in  exorcisms,  to  terrify  and  compel  us  to  take  the  new  gov- 
ernment with  all  its  sins  and  dangers.  I  know  he  once  saw  as 
great  danger  in  it  as  I  do.  What  has  happened  since  to  alter 
his  opinion  ?  If  anything,  I  know  it  not.  But  the  Virginia 
Assembly  has  occasioned  it  by  postponing  the  matter  !  The 
Convention  has  met  in  June,  instead  of  March  or  April !  The 
liberty  or  misery  of  millions  yet  unborn  are  deeply  concerned  in 
our  decision.  When  this  is  the  case,  I  cannot  imagine  that  the 
short  period  between  the  last  of  September  and  the  first  of  June 
ought  to  make  any  difference.  The  union  between  England  and 
Scotland  has  been  strongly  instanced  by  the  honorable  gentleman 
to  prove  the  necessity  of  acceding  to  this  new  government.  He 
must  know  that  the  act  of  union  secured  the  rights  of  the  Scotch 
nation.  The  rights  and  privileges  of  the  people  of  Scotland  are 
expressly  secured.  We  wish  only  our  rights  to  be  secured. 
We  must  have  such  amendments  as  will  secure  thet  liberty  and 
happiness  of  the  people  on  a  plain,  simple  construction,  not  on 


192  VIRGINIA    CONVENTION    OF    1788. 

^ 

a  doubtful  ground.  We  wish  to  give  the  Government  sufficient 
energy  on  real  republican  principles  ;  but  we  wish  to  withhold 
such  powers  as  are  not  absolutely  necessary  in  themselves,  but 
are  extremely  dangerous.  We  wish  to  shut  the  door  against 
corruption  in  that  place  where  it  is  most  dangerous — to  secure 
against  the  corruption  of  our  own  representatives.163  We  ask 
such  amendments  as  will  point  out  what  powers  are  reserved  to 
the  State  governments,  and  clearly  discriminate  between  them 
and  those  that  are  given  to  the  General  Government,  so  as  to 
prevent  future  disputes  and  clashing  of  interests.  Grant  us 
amendments  like  these,  and  we  will  cheerfully  with  our  hands 
and  hearts  unite  with  those  who  advocate  it,  and  we  will  do  every- 
thing we  can  to  support  and  carry  it  into  execution.  But  in  its 
present  form  we  can  never  accede  to  it.  Our  duty  to  God  and 
to  our  posterity  forbids  it.  We  acknowledge  the  defects  of  the 
Confederation,  and  the  necessity  of  a  reform.  We  ardently  wish 
for  an  union  with  our  sister  States  on  terms  of  security.  This,  I 
am  bold  to  declare,  is  the  desire  of  most  of  the  people.  On 
these  terms  we  will  most  cheerfully  join  with  the  warmest  friends 
of  this  Constitution.  On  another  occasion  I  shall  point  out  the 
great  dangers  of  this  Constitution,  and  the  amendments  which 
are  necessary.  I  will  likewise  endeavor  to  show  that  amend- 
ments, after  ratification,  are  delusive  and  fallacious — perhaps 
utterly  impracticable." 

There  is  one  passage  in  this  speech  which,  in  a  historical  view, 
should  not  be  omitted.  We  have  more  than  once  observed  that 
the  ratification  of  the  Federal  Constitution  by  Virginia  was 
effected  mainly  by  the  military  officers  of  the  Revolution  and  by 
the  judiciary  of  the  State,  in  opposition  to  the  wishes  of  a  large 
majority  of  the  ablest  and  wisest  statesmen  who  had  engaged  in 
the  theatre  of  that  contest,  and  we  readily  conceive  the  reasons 
which  impelled  them  to  desire  a  more  energetic  government  than 
could  well  exist  under  the  Articles  of  Confederation.  Soldiers 
and  judges  are  rarely  safe  statesmen  in  great  civil  conjunctures  ; 
but  in  the  present  instance  their  purity  of  purpose  and  their 


163  The  disclosures  made  at  a  late  session  of  Congress  show  that  the 
evil  apprehended  by  Mason  is  not  imaginary.  In  fact,  most  of  the 
leading  opponents  of  the  Constitution  in  Convention  went  down  to 
their  gravest  in  the  full  belief  that  they  had  witnessed  for  themselves  a 
remarkable  case  of  corruption  in  Congress. 


VIRGINIA   CONVENTION   OF    1788.  193 

patriotism  were  unquestionable.  There  was,  however,  another 
class  of  men  friendly  to  the  Federal  Constitution,  who  had  mani- 
fested from  the  dawn  of  the  contest  with  Great  Britain  a  decided 
reluctance  to  a  change  of  dynasty,  but  who,  with  the  object  of 
securing  their  estates  from  confiscation,  determined  to  take  sides 
with  the  people.  These  disaffected,  on  all  trying  occasions,  hung 
on  the  rear  of  the  friends  of  freedom,  and  sought  to  obstruct 
their  progress  when  they  could  effect  their  object  safely  and 
without  suspicion.  They  opposed  the  resolution  of  independence 
in  the  Convention  of  1776,  and  the  Constitution  of  the  Common- 
wealth, and,  disinclined  to  widen  the  rupture  with  Great  Britain, 
zealously  opposed  the  ratification  of  the  Articles  of  Confederation 
by  the  Virginia  Assembly.164  When  the  independence  of  the 
United  States  was  recognized  by  Britain,  and  a  return  to  the 
rule  of  the  mother  country  became  impracticable,  guided  by  that 
distrust  of  the  people  which  led  them  to  obstruct  the  several 
capital  stages  of  the  Revolution,  they  were  eager  to  establish  a 
government  as  nearly  allied  in  form  to  that  which  had  been  over- 
thrown as  they  could  succeed  in  accomplishing.  As  these  per- 
sons were  possessed  of  high  position,  wide  family  connections, 
and  abilities,  their  influence  was  sensibly  felt  by  those  able  and 
patriotic  rrfen  who  believed  that  the  Constitution,  however  wisely 
intended  by  its  framers,  would  ultimately  result  in  impairing  the 
liberties  of  the  people.  Yet  it  was  a  most  delicate  and  difficult 
task  to  assail  them.  It  was  this  aspect  of  the  case  which  Mason 
had  the  courage  to  denounce,  when  he  said:  "I  .have  some 
acquaintance  with  a  great  many  characters  who  favor  this  Gov- 
ernment, their  connections,  their  conduct,  their  political  principles, 
and  a  number  of  other  circumstances.  There  are  a  great  many 
wise  and  good  men  among  them.  But  when  I  look  around 
the  number  of  my  acquaintance  in  Virginia,  the  country  wherein 
I  was  born,  and  have  lived  so  many  years,  and  observe  who  are 
the  warmest  and  most  zealous  friends  to  this  new  government,  it 
makes  me  think  of  the  story  of  the  cat  transformed  into  a  fine 
lady — forgetting  her  transformation,  and  happening  to  see  a  rat, 
she  could  not  restrain  herself,  but  sprung  upon  it  out  of  the 
chair." 

164  Letter  of  George  Mason  to  R.  H.  Lee,  May  18,  1776,  in  the  archives 
of  the  Virginia  Historical  Society ;  and  Patrick  Henry  to  R.  H.  Lee, 
December  18,  1777,  in  the  "  Red  Hill "  papers. 

13 


194  VIRGINIA   CONVENTION    OF    1788. 

£ 

Henry  Lee,  ever  mindful  of  the  tactics  of  his  profession,  and 
thinking  he  saw  ah  opening  for  a  charge  upon  the  enemy,  sprang 
to  the  floor,  and  demurred  to  Mason's  illustration  of  the  cat  and 
the  fine  lady.  "  The  gentleman,"  he  said,  "  has  endeavored  to 
draw  our  attention  from  the  merits  of  the  question  by  jocose 
observations  and  by  satirical  allusions.  Does  he  imagine  that  he 
who  can  raise  the  loudest  laugh  is  the  soundest  reasoner?  Sir, 
the  judgments  and  not  the  risibility  of  men  are  to  be  consulted. 
Had  the  gentleman  followed  that  rule  which  he  himself  proposed, 
he  would  not  have  shown  the  letter  of  a  private  gentleman,  who, 
in  times  of  difficulty,  had  offered  his  opinion  respecting  the  mode 
in  which  it  would  be  most  expedient  to  raise  the  public  funds. 
Does  it  follow  that  since  a  private  individual  proposed  such  a 
scheme  of  taxation,  the  new  Government  will  adopt  it?  But  the 
same  principle  also  governs  the  gentleman,  when  he  mentions 
the  expressions  of  another  private  gentleman — the  well-born — 
that  our  representatives  are  to  be  chosen  from  the  higher  orders 
of  the  people — from  the  well-born.  Is  there  a  single  expression 
like  this  in  the  Constitution?  This  insinuation  is  totally  unwar- 
rantable. Is  it  proper  that  the  Constitution  should  be  thus 
attacked  with  the  opinions  of  every  private  gentleman  ?  I  hope 
we  shall  hear  no  more  of  such  groundless  aspersions.  Raising 
a  laugh,  sir,  will  not  prove  the  merits  nor  expose  the  defects  of 
this  system."165 

When  Lee  had  exhausted  his  fire,  there  appeared  on  the  floor 
for  the  first  time  one  of  those  eminent  men,  the  immediate 
growth  of  the  Commonwealth,  who  blended  in  his  character  the 
qualities  of  the  soldier  and  the  statesman,  and  whose  fame,  won 
in  various  fields  and  in  contact  with  his  most  distinguished  con- 
temporaries, though  obscured  by  the  mists  which  have  so  long 
gathered  over  the  memory  of  our  early  statesmen,  may  fitly  fill 


165  It  is  evident  from  Lee's  speech  that  the  cat  and  the  fine  lady  was 
not  the  only  piece  of  fun  with  which  Mason  relieved  one  of  his  ablest 
arguments  ;  but  there  is  not  a  shadow  of  humor  in  any  other  part  of 
the  reported  speech.  I  may  say  here  that  it  is  almost  impossible  in  a 
short  synopsis  to  present  fairly  the  arguments  of  a  speech  ranging  over 
the  entire  Constitution,  and  recurring  time  and  again  to  the  same 
topics.  Under  such  a  process  all  the  speeches  lose  what  little  savour  is 
left  by  the  original  reporter,  but  especially  those  of  Henry,  Mason,  and 
Grayson,  the  three  great  champions  of  the  opposition. 


VIRGINIA   CONVENTION    OF    1788.  195 

one  of  the  brightest  pages  in  our  annals.  His  military  career, 
beginning  with  the  dawn  of  the  Revolution,  and  pursued  for  the 
most  part  under  the  eye  of  Washington — with  whom  in  early  life 
he  had  hunted  foxes  over  the  moors  of  Westmoreland,  and 
whose  respect  and  esteem  he  enjoyed  to  the  end  of  his  life — con- 
tinued nearly  to  its  close,  and  was  marked  by  enterprise,  by 
intrepidity,  and  by  success.  But  the  military  services  of  Wil- 
liam Grayson,  prominent  as  they  were,  were  lost  sight  of  in  the 
blaze  which  his  civic  accomplishments  kindled  about  his  name. 
It  is  hard  to  say  whether  he  was  more  fortunate  in  his  natural 
genius,  or  in  those  advantages  which  enabled  him  to  discipline 
and  develop  it.  Educated  at  Oxford,166  to  which  he  early  re- 
paired, he  not  only  acquired  a  correct  knowledge  of  the  Latin 
and  Greek  tongues  and  of  the  sciences,  but  cultivated  so 
assiduously  the  purer  literature  of  England,  especially  in  the 
department  of  British  history,  that  in  his  splendid  conversa- 
tional debates,  and  in  his  speeches  at  the  bar  and  in  public 
bodies,  his  excellence  in  this  respect  was  universally  confessed. 
The  time  of  his  abode  in  England  was  opportune.  There  was 
indeed  a  momentary  pause  in  the  productions  of  English  genius. 
The  wits  of  Queen  Anne's  time  had  disappeared,  but  the  glory 
of  the  Georgian  era  was  yet  in  its  dawn.  The  Johnsonian 
galaxy  yet  shone  with  a  moderate  lustre.  Burke,  who  was 
known  as  the  author  of  "  a  very  pretty  treatise  on  the  sublime," 
was  yet  to  make  his  magnificent  speeches  in  the  House  of  Com- 
mons, and  Gibbon,  who  was  spoken  of  in  a  small  circle  as  the 
author  of  a  clever  tract  in  refutation  of  one  of  the  ingenious 
theories  which  Warburton  had  ventured  upon  in  his  Divine 
Legation,  had  not  yet  put  forth  the  first  volume  of  the  Decline 
and  Fall.  Even  Johnson  had  not  published  the  most  elegant  of 
his  prose  compositions,  the  Lives  of  the  British  Poets.  But  in 
the  sister  kingdom  of  the  north  there  appeared  in  rapid  succes- 
sion a  series  of  literary  works  which  reminded  the  world  that 
Scotland  was  the  home  of  Buchanan,  of  Boethius,  and  of  Napier, 
and  was  now  the  abode  of  Hume,  of  Ferguson,  of  Kames,  of 
Robertson,  and  of  Adam  Smith.  Grayson,  smitten  with  a  love 
of  learning,  eagerly  perused  the  works  of  these  authors  as  they 

166  Grayson 's  name  does  not  appear  in  the  Alumni  Oxienses  of  the 
eminent  antiquary  and  genealogist,  Joseph  Foster. — ED. 


' 

196  VIRGINIA    CONVENTION    OF    1788. 

appeared  ;  but  it  was  to  the  Wealth  of  Nations  that  he  devoted 
all  the  energies  of  his  intellect,  and  so  thoroughly  did  he  master 
the  problems  of  the  new  philosophy,  that  in  conversation  and  in 
debate  he  was  proud  to  declare  his  allegiance  to  Adam  Smith  as 
the  founder,  or  if  not  the  founder,  the  great  modern  expositor 
of  the  science  of  political  economy.167 

After  serving  his  terms  in  the  Temple,  with  a  mind  richly  im- 
bued alike  with  the  learning  of  the  law  and  with  the  living  litera- 
ture of  the  age,  and  panting  for  honorable  distinction,  he  returned 
to  Virginia  at  a  time  when  the  opposition  to  British  rule,  begun 
in  the  House  of  Burgesses,  had  passed  to  the  people,  and  when 
Associations  were  regarded  by  the  colonists  as  the  surest  means 
of  defending  their  rights.  A  rapid  and  striking  panorama  then 
passed  before  his  eyes.  The  Conventions  soon  began  to  assem- 
ble ;  the  royal  governor  soon  fled  from  his  palace ;  the  House  of 
Burgesses  soon  went  down  to  rise  no  more ;  and  the  Virginia 
regiments,  fully  equipped,  were  to  be  seen  drawn  up  in  the 
square  at  Williamsburg,  or  lounging  in  the  shade  of  Waller's 
grove.  Grayson  instantly  enrolled  his  name  in  one  of  the  Asso- 
ciations, and  became  a  candidate  for  the  majority  in  the  new 
corps,  but  was  defeated  by  Alexander  Spotswood.168  In  the 


167  A  gentleman  who  knew  Grayson  intimately,  told  me  that  the 
Wealth  of  Nations  had  long  been  his  favorite  book,  and  that  a  favorite 
expression  with  him  in  the  House  of  Delegates,  when  Virginia  regu- 
lated her  own  commerce,  and  in  Congress,  was,  "  Let  commerce  alone  ; 
it  will  take  care  of  itself" — a  version  of  the  answer  of  the  French  mer- 
chants to  Colbert. 

168Journal  Convention  of  July,  1775,  page  19.  The  first  public  act  of 
Grayson  was  his  participation  in  the  Westmoreland  meeting,  which 
adopted  the  rules  of  association  on  the  27th  day  of  February,  1766. 
Va.  Hist.  Reg.,  II,  17.  I  regret  that  I  cannot  ascertain  his  age,  which  is 
unknown  to  most  of  his  descendants.  As  he  was  buried  in  a  vault,  we 
have  no  tombstone  to  refer  to.  and  his  coffin  had  no  inscription  upon 
it,  as  I  learn  from  one  who  examined  it.  I  have  reason  to  believe  that 
he  was  in  England  as  late  as  1765.  One  of  his  descendants  states  that 
he  was  educated  at  Edinburg ;  another,  equally  intelligent  and  devoted 
to  his  memory,  insists  that  he  was  educated  at  Oxford.  Professor 
Tucker  says  he  certainly  studied  law  in  the  Temple.  I  have  decided, 
from  all  the  facts  within  my  reach,  that  Oxford  was  the  true  place  of 
his  education.  His  combined  classical  and  scientific  acquirements,  and 
especially  his  skill  in  Latin  prosody,  betoken  an  English  training.  My 
belief  is  that  he  was  in  his  forty  eighth  year  when  he  took  his  seat  in 


VIRGINIA    CONVENTION    OF    1788.  197 

following  year  he  was  appointed  colonel  of  the  first  battalion  of 
infantry  raised  for  the  internal  security  and  defence  of  the  State. 
His  spirit  and  intelligence  early  attracted  the  attention  of  Wash- 
ington, who  invited  him  to  become  a  member  of  his  military 
family.  With  the  affairs  at  Valley  Forge  his  name  is  intimately 
connected,  and  was  associated  with  that  of  Hamilton  in  the  dis- 
charge of  several  important  trusts.169  He  was  at  the  battles  of 
Long  Island  and  White  Plains,  of  Brandywine  and  Germantown, 
and  at  Monmouth  he  is  believed  to  have  commanded  the  first 
brigade  in  the  order  of  attack.170  He  had  been  appointed  colonel 
of  a  regiment  to  be  raised  in  Virginia  in  January,  1777,  and  it 
was  probably  in  the  command  of  this  regiment  that  he  was 
engaged  at  Monmouth.171  In  1779  his  regiment  was  blended 
with  Nathaniel  Gist's,  and,  having  become  a  supernumerary,  he 
accepted  the  office  of  a  Commissioner  of  the  Board  of  War, 
which  he  had  previously  declined  when  a  prospect  of  active 
service  was  before  him,  and  in  December  of  that  year  he  took 
his  seat  at  that  Board,  which  he  ultimately  resigned  on  the  loth 
of  September,  i78i.m  In  closing  this  allusion  to  the  military 

the  present  Convention,  as  in  the  year  1775  he  was  a  candidate  for  the 
office  of  major,  along  with  such  men  as  Thomas  Marshall,  the  father 
of  the  Chief  Justice,  and  in  the  following  year  was  elected  a  full 
colonel  (Journal  House  of  Delegates,  1776,  p.  104),  while  Henry  Lee 
and  Theodoric  Bland  were  satisfied  with  captaincies.  Colonel  Clement 
Carrington  told  me  that  when  he  saw  Grayson  attending  Congress  in 
New  York,  in  1786,  he  thought  he  was  about  fifty,  but  it  is  well 
known  that  very  young  men  are  prone  to  overestimate  the  age  of  their 
seniors.  The  age  of  an  individual  may  seem  unimportant,  but  in  a 
body  of  men  made  up  of  two  or  three  generations,  a  knowledge  of  the 
relative  ages  of  the  members  is  indispensable  to  a  correct  representa- 
tion of  their  characters,  and  of  their  relative  positions  towards  each 
other. 

169  Writings  of  Washington.  V,  272.     He  was  officially  announced  as 
aid  to  Washington  in  a  general  order  dated  "Headquarters  at  New 
York,  24th  August,  1776." 

170  Morse,  in  a  school  history  of  the  United  States,  is  the  authority  of 
this  statement 

171  Journals  of  the  Old  Congress,  Vol.  II,  pp.  19,  60,  300.     His  lieu- 
tenant colonel  was  Levin  Powell,  also  a  member  of  the  present  Con- 
vention;  born  in  1738,  in  Loudoun  county ;  representative  in  Congress> 
1799-1801 ;  died  at  Bedford,  Pa.,  in  August,  1810. — Ed. 

172  Journals  of  Congress,  IV,  505,  524  ;  V,  335;  VII,  144. 


198  VIRGINIA    CONVENTION    OF    1788. 

• 

offices  which  Colonel  Grayson  held  during  the  war,  one  marked 
instance  of  his  intrepidity,  taken  from  the  lips  of  the  late  and 
ever  venerable  Bishop  White,  deserves  a  record  :  "  I  was  sitting 
in  this  house  during  the  war,"  he  said  to  a  friend  in  conversation 
with  him  at  his  residence  on  Fifth  street,  Philadelphia,  a  short 
time  before  his  death,  "when  a  most  furious  mob  of  several 
hundred  persons  assembled  on  the  opposite  side  of  the  street, 
and  a  few  doors  above  this  house,  and  I  saw  Colonel  Grayson 
with  some  fifteen  men,  with  fixed  bayonets,  hastily  pass.  My 
apprehension  was  that  they  would  be  torn  to  pieces  ;  but  Colonel 
Grayson  instantly  entered  the  house  of  the  rioters  at  the  head  of 
his  small  force,  and  in  a  few  minutes  the  ringleaders  were  secured 
and  the  mob  was  dispersed."173 

On  his  return  to  Virginia,  Grayson  continued  the  practice  of 
the  law  until  1784,  when  he  was  deputed  to  Congress,  and  in 
March  of  the  following  year  he  took  his  seat  in  that  body.  To 
such  a  man  opportunity  was  alone  wanting  to  become  an  expert 
debater;  and,  although  the  deliberations  of  Congress  were  secret, 
we  know  that  he  soon  acquired  distinction  on  the  floor.  During 
his  term  of  service  some  of  the  most  serious  questions  that 
sprung  up  under  the  Confederation  were  disposed  of.  Among 
the  number  was  the  Connecticut  cession  of  western  lands  with 
the  Reserve,  which  he  warmly  opposed,  and  the  passage  of  the 
Northwestern  Ordinance,  which  he  as  warmly  sustained.174  But, 
to  pass  over  his  Congressional  career,  to  which  we  shall  revert 
hereafter,  although  firmly  attached  to  the  Government  prescribed 
by  the  Articles  of  Confederation,  he  was  candid  enough  to  declare 
as  early  as  1785  that  new  and  extensive  powers  ought  to  be 
engrafted  upon  it,  and  that  the  ninth  article  should  be  amended 

173  On  the  authority  of  a  letter  from  Peter  G  Washington,  Esq.,  dated 
August  24,  1856.  Mr.  Washington  heard  the  Bishop  narrate  the  inci- 
dent in  the  text.  Mr.  Washington  is  the  grandson  of  the  Rev.  Spence 
Grayson,  the  brother  ot  the  Colonel.  I  must  confess  my  obligations  to 
Mr.  Washington  for  the  information  contained  in  his  letters  to  me,  which 
are  the  more  valuable  from  their  reference  to  the  proper  authorities. 

m  i  regret  that  I  cannot  put  my  finger  on  the  short  note  of  Grayson 
addressed  to  a  friend  in  Virginia  announcing  the  passage  of  the  Ordi- 
nance. One  ground  of  his  satisfaction  was,  that  the  Northwestern 
States  would  not  be  able  to  make  tobacco.  The  letter  was  published 
in  the  papers  in  1845. 


VIRGINIA   CONVENTION    OF    1788.  199 

and  extended,175  and  he  was  equally  explicit  in  declaring  what 
these  new  powers  ought  to  be,  and  with  what  limitations  they 
should  be  granted.  Still  there  was  a  barrier  in  the  way  of  his 
approval  of  the  new  Constitution  which  it  was  impossible  to 
remove.  It  involved,  in  his  opinion,  a  total  change  of  polity; 
and  for  this  change  he  felt  that  he  was  able  to  prove  that  there 
was  no  real  necessity. 

But  before  we  proceed  to  develop  his  views  of  the  new  plan, 
we  must  speak  of  him  as  he  now  was,  in  the  meridian  of  his 
fame  as  the  most  elegant  gentleman  as  well  as  the  most  accom- 
plished debater  of  his  age.  In  this  respect  he  had  some  quali- 
ties which  were  possessed  in  no  ordinary  degree  by  his  great 
contemporaries  ;  but  there  were  other  qualities  which  he  alone 
possessed,  and  which  he  possessed  in  an  eminent  degree.  In 
massive  logical  power  he  had  his  equals  ;  but  his  distinctive 
superiority  in  this  respect  was  marked  by  the  mode  of  argu- 
mentation which  he  pursued,  and  which  was  peculiar  to  himself. 
Thoroughly  comprehending  his  theme  in  all  its  parts,  as  if  it 
were  a  problem  in  pure  mathematics,  and  conscious  of  his 
strength,  he  would  play  with  his  subject  most  wantonly,  calling 
to  his  aid  arguments  and  illustrations  the  full  bearing  of  which 
he  saw,  and  which  he  knew  he  could  manage,  but  which  to  ordi- 
nary hearers  were  as  fraught  with  danger  as  they  were  easy  of 
misrepresentation.  He  was  equally  wanton  in  his  manner  of 
treating  the  arguments  of  his  adversaries,  pushing  them  to  the 
greatest  extremes,  and,  as  he  worked  his  way  without  the  slight- 
est intermixture  of  passion,  often  producing  an  effect  upon  his 
audience  most  worrying  to  his  opponents,  and  near  akin  to  the 
exhibition  of  humor  itself.  One  practical  effect  was,  that  men 
laughed  as  heartily  during  his  most  profound  arguments  at  the 
•display  of  the  wit  of  reason,  as  they  are  wont  to  do  at  the  display 
of  the  wit  which  in  other  speakers  ordinarily  flows  from  the 
imagination.  But  there  was  one  result  which  sometimes  fol- 
lowed this  sport  of  dialectics  which  was  embarrassing  in  itself, 
and  which  was  likely  to  lead  to  a  loss  of  the  game.  He  was 
liable  to  be  misunderstood  by  those  who  were  either  unable  or 
unwilling  to  follow  him  in  the  course  of  his  flight,  and  he  was 

175  Writings  of  Washington.      Washington  to  Grayson,   August  22, 
1785,  IX,  125. 


200  VIRGINIA   CONVENTION   OF    1788. 

further  liable  to  the  wilful  misrepresentations  of  those  whose 
arguments  he  had  handled  with  so  little  reserve.  It  exposed 
him  also  to  the  suspicion  and  distrust  of  a  class  of  men,  who, 
though  they  never  engaged  in  debate,  exercised  no  little  influ- 
ence in  and  out  of  the  House,  and  who  had  learned  to  confound 
gravity  with  logic,  and  thought  that  a  man  could  no  more  rea- 
son than  he  could  tell  the  truth  with  a  smile,  and  who,  if  they 
had  lived  at  the  time  of  the  invention  of  gunpowder,  would  have 
denied  to  the  last  that  a  man  could  be  as  effectually  killed  by  a 
bullet  or  a  round  shot  as  by  a  bow  and  arrow ;  or  in  the  time  of 
the  Holy  Wars,  that  a  head  could  be  as  completely  severed  from 
the  neck  by  the  scimiter  of  Saladin  as  by  the  sword  of  Richard. 
But  his  uncommon  versatility  of  logical  power,  which  made 
every  speech  a  specimen  in  dialectics,  was  only  one  of  his  accom- 
plishments as  a  debater.  In  the  more  refined  departments  of 
learning  we  have  already  said  he  was  a  proficient ;  but  in  a  min- 
ute acquaintance  with  the  affairs  of  Congress  since  the  war,  when 
the  defects  of  the  Confederation  had  been  fully  developed,  in  a 
knowledge  of  all  questions  of  commerce  and  political  economy, 
and  of  the  politics  of  England  and  of  the  continental  States, 
which  had  been  his  favorite  study  abroad,  and  in  a  sound  com- 
mon sense,  which  he  did  not  suffer  to  be  dazzled  by  his  own  spec- 
ulations any  more  than  by  the  speculations  of  others,  or  deterred 
by  the  cumulative  terrors  of  a  present  crisis,  if  he  may  be  said  to 
have  had  an  equal  in  the  House,  he  certainly  had  no  superior  in 
or  out  of  it.  Even  these  abundant  stores  of  information,  applied 
by  an  unimpassioned  intellect  to  the  case  in  hand,  sometimes 
failed  to  produce  their  effects  upon  common  minds  ;  for,  as  was 
observed  of  a  celebrated  English  statesman,  he  was  inclined  to 
view  questions  requiring  an  immediate  solution,  not  as  they 
appeared,  clogged  with  the  interests  and  the  passions  of  the 
moment,  but  as  they  would  appear  in  the  eyes  of  the  next  gen- 
eration— a  trait,  which,  though  favorable  to  a  reputation  with 
posterity,  is  in  ordinary  cases  fatal  to  a  reputation  for  practical 
affairs,  but  which  was  peculiarly  adapted  to  the  investigation  of 
a  new  plan  of  government.176 

176  One  of  the  most  perfect  exhibitions  in  recent  times  of  powers  kin- 
dred with  those  of  Grayson  was  the  speech  delivered  by  Governor 
Tazewell  in  the  House  of  Delegates  on  the  Convention  bill  of  1816. 
I  heard  in  conversation  with  Mr.  Tazewell  the  general  outline  of  his 


VIRGINIA    CONVENTION    OF    1788.  201 

His  powers  of  humor,  wit,  sarcasm,  ridicule,  prolonged  and 
sustained  by  argument  and  declamation,  were  unrivalled.  The 
speech  which  he  now  rose  to  deliver  abounds  in  passages  of 
humor  and  sarcasm,  not  put  forth  to  excite  mirth,  but  to  ad- 
vance his  argument,  and  to  annoy  his  adversaries.  Nor  did  he 
confine  himself  to  those  illustrations  which,  reflected  from  the 
classics,  have  a  lustre  not  to  be  questioned,  though  sometimes 
hard  to  perceive,  but  drew  his  images  from  the  common  life 
around  him.  When,  in  proving  that  the  dangers  from  the  neigh- 
boring States,  which  had  been  marshalled  by  the  friends  of  the 
Constitution  in  dread  array  as  likely  to  overwhelm  Virginia  in 
the  event  of  the  rejection  of  that  instrument,  were  imaginary,  -he 
ridiculed  such  apprehensions  of  alarm,  and,  turning  to  South 
Carolina,  described  the  citizens  of  that  gallant  State  as  rushing 
to  invade  us,  mounted,  not  on  the  noble  Arabian  which  poetry 
as  well  as  history  had  clothed  with  beauty  and  with  terror — 
not  with  the  cavalry  of  civilized  nations — but  upon  alligators, 
suddenly  summoned  from  the  swamp  and  bridled  and  saddled 
for  the  nonce — a  cavalry  worthy  of  such  a  cause — that  of  crush- 
ing a  sister  Commonwealth— his  sally  was  received  with  roars 

argument  twelve  years  after  it  was  delivered,  with  a  pleasure  which  I 
have  rarely  received  since  from  any  public  effort.  The  late  Philip 
Doddridge,  who  took  a  part  in  the  debate,  told  me  that  it  was  not  only 
the  most  extraordinary  exhibition  of  logical  power  which  he  had  ever 
witnessed  in  debate,  but  which  he  believed  was  ever  delivered  in  any 
public  body  in  America.  There,  too,  the  speech  was  subjected  to  the 
misrepresentation  of  opponents,  who  fell  upon  the  words  "  many- 
headed  monster,"  which  Mr  Tazewell  used  in  animadverting  on  the 
word  k<  people,"  which  was  contained  in  the  bill,  and  which  he  con- 
tended included  men,  women  and  children,  white,  black,  and  mulatto, 
and  every  other  description  and  complexion  known  among  men. 
Twenty  years  afterwards  I  heard  these  words,  which  had  been  carried 
to  the  counties  and  brought  back  again  to  Richmond,  where  they  had 
been  forgotten,  quoted  to  show  that  Mr.  Tazewell  had  spoken  disre- 
spectfully of  the  people,  of  whom  he  and  his  large  family  were  a  part, 
and  whose  rights,  at  a  severe  pecuniary  loss  to  himself,  he  had  been 
elected  without  his  knowledge  to  maintain  on  this  very  question.  To 
have  made  such  an  objection  in  debate  would  have  been  to  raise  loud 
laughter. 

The  great  speech  of  Upshur  on  the  basis  of  representation  in  the 
Virginia  Convention  of  1829-30,  was  another  splendid  example  of  Gray- 
son's  mode  of  debate. 


VIRGINIA    CONVENTION    OF    1788. 

% 

of  laughter  from  both  sides  of  the  House.  A  Latin  scholar, 
skilled  in  prosody,  he  ever  showed  a  reluctance  to  let  a  slip  in  a 
quotation  pass  unreproved ;  and  when  a  friend  of  the  Constitu- 
tion, in  using  the  words  "  spolia  opima"  made  the  penult  of  the 
last  word  short,  Grayson  whispered  in  a  tone  that  reached  the 
ear  of  the  orator:  "  Oplma,  if  you  please";  and  when  another 
friend  of  the  Constitution  sought  to  derive  the  word  contract 
from  con  and  tracto,  Grayson,  with  a  lengthened  twirl  of  the  lips, 
trolled  out  in  an  undertone  that  was  heard  by  the  learned  gentle- 
man in  possession  of  the  floor:  "Tra-ho"  And  the  laugh  in 
this  case,  as  in  the  preceding,  passed  like  a  wave  from  the  spot 
where  it  was  raised  gradually  to  the  remote  parts  of  the  house. 
He  was  not  surprised,  he  is  reported  to  have  said,  that  men  who 
were,  in  his  opinion,  about  to  vote  away  the  freedom  of  a  living 
people,  should  take  such  liberties  with  a  dead  tongue. 

The  physical  qualities  of  Grayson  were  quite  as  distinctive  as 
the  intellectual.  He  was  considered,  as  we  have  already  said, 
the  handsomest  man  in  the  Convention.  He  had  a  most  comely 
and  imposing  person — his  stature  exceeded  six  feet,  and  though 
his  weight  exceeded  two  hundred  and  fifty  pounds,  such  was  the 
symmetry  of  his  figure,  the  beholder  was  struck  more  with  its 
height  than  its  magnitude.  His  head  was  very  large,  but  its 
outline  was  good  ;  his  forehead  unusually  broad  and  high,  and 
in  its  resemblance  to  that  of  Chalmer's  indicating  a  predilection 
for  the  abstract  sciences ;  his  eyes  were  black  and  deep-seated  ; 
his  nose  large  and  curved  ;  his  lips  well  formed,  disclosing  teeth 
white  and  regular,  which  retained  their  beauty  to  the  last  ;  a  fine 
complexion  gave  animation  to  the  whole.  When  he  was  walk- 
ing, his  head  leaned  slightly  forward  as  if  he  were  lost  in  thought. 
Lest  our  sketch  may  seem  to  be  overdrawn,  although  no  person 
who,  as  an  adult,  had  known  Grayson,  with  one  exception,  is 
now  alive,  we  have  fortunately  a  singular  proof  of  the  fidelity  of 
the  portrait  which  we  have  delineated.  When  Grayson  had  lain 
forty -six  years  in  his  coffin  its  lid  was  lifted,  and  there  his  majestic 
form  lay  as  if  it  had  been  recently  wrapped  in  the  shroud.  The 
face  was  uncovered  by  the  hand  of  a  descendant,  and  its  noble 
features,  which  had  frowned  in  battle,  which  had  sparkled  in 
debate,  and  on  which  the  eyes  long  closed  of  tender  affection 
had  loved  to  dwell,  were  fresh  and  full.  The  towering  forehead  ; 
the  long  black  hair — the  growth  of  the  grave  ;  the  black  eye, 


VIRGINIA    CONVENTION    OF    1788.  203 

N. 

glazed  and  slightly  sunken,  yet  eloquent  of  its  ancient  fire  ;  the 
large  Roman  nose ;  the  finely  wrought  lip ;  the  perfect  teeth, 
which  bespoke  a  temperate  life  ended  too  soon  ;  the  wide 
expanded  chest ;  the  long  and  sinewy  limbs  terminating  in  those 
small  and  delicate  hands  that  rested  on  his  breast,  and  in  those 
small  feet  that  had  been  motionless  so  long  ;  the  grand  and 
graceful  outline  of  the  form  as  it  was  when  laid  away  to  its  final 
rest,  told  touchingly  with  what  faithfulness  tradition  had  retained 
the  image  of  the  beloved  original.177 

The  address  of  Grayson  was  winning  and  courteous.  His 
manners,  formed  abroad  at  a  time  when  the  young  American 
was  apt  to  be  taken  for  a  young  savage,  and  improved  by  a 
large  experience  with  the  world,  were  highly  polished.  He  was 


177  One  of  the  descendants  of  Colonel  Grayson  represents  him  as  over 
six  feet,  another  quite  six,  and  another,  a  lady  who  in  her  childhood 
knew  him,  as  very  tall.  A  friend,  now  dead,  who  knew  Grayson, 
thought  him  over  six  feet. 

I  derive  the  particulars  of  the  appearance  of  Colonel  Grayson  in  his 
coffin  from  Robert  Grayson  Carter,  Esq  ,  of  Grayson,  Carter  county, 
Kentucky,  who  uncovered  the  face  of  Grayson,  and  examined  the 
body.  He  particularly  alludes  to  the  size  of  the  head,  and  of  the 
smallness  of  hands  and  feet,  the  hair,  the  features,  and  the  teeth.  I  am 
indebted  to  Mr.  Carter  for  his  efforts  to  obtain  information  respecting 
his  illustrious  grandfather.  The  father  of  Colonel  Grayson  was  named 
Benjamin  ;  was,  it  is  believed  by  some  of  my  correspondents,  a  Scotch- 
man, and  married  a  lady  whose  maiden  name  was  Monroe;  and  it  is 
thought  that  Grayson  and  James  Monroe  were  first  or  second  cousins. 
Grayson  himself  married  Eleanor,  sister  of  General  William  Smallwood. 

[It  is  a  suggestive  coincidence  that  the  Christian  name  of  the  father  of 
James  Monroe  and  of  a  brother  of  Colonel  Grayson  was  Spence— in 
such  use  an  uncommon  name. — ED.] 

I  shall  trace  the  career  of  Grayson  more  particularly  when  I  come  to 
speak  of  the  members  at  large.  Grayson  was  buried  in  the  vault  of 
Belle  Air,  then  the  seat  of  the  Rev.  Spence  Grayson,  near  Dumfries. 

I  must  also  acknowledge  my  indebtedness  to  John  M.  Orr,  Esq., 
another  connection  of  Grayson's,  for  an  interesting  letter  about  Colonel 
Grayson.  Mr.  Orr  thinks  that  the  Graysons  are  English,  and  were 
residents  of  the  Colony  for  several  generations  before  the  Revolution. 
He  also  says  that  Grayson  was  educated  at  Edinburg  ;  but  as  Mr.  P.  G. 
Washington,  whose  grandfather,  Spence  Grayson.  was  a  brother  of 
Colonel  William,  and  was  abroad  with  him  at  the  same  time,  may  be 
supposed  to  have  heard  or  learned  from  authentic  sources  where  his 
grandfather  was  educated,  and  affirms  that  it  was  at  Oxford,  I  lean  to 
his  side  of  the  question. 


204  VIRGINIA    CONVENTION    OF    1788. 

'^^ 

fond  of  society,  and  whether  he  appeared  at  the  fireside  of  the 
man  of  one  hogshead,178  or  in  the  aristocratic  circles  of  the  Col- 
ony, he  was  ever  a  welcome  and  honored  guest.  His  conversa- 
tion, playful,  sparkling,  or  profound,  as  the  time  or  topic  re- 
quired, or  the  mood  prompted,  was  not  only  admired  by  his  con- 
temporaries, but  has  left  its  impress  upon  our  own  times;  and  it 
was  in  conversation  that  he  appeared  with  a  lustre  hardly  inferior 
to  that  which  adorned  his  forensic  disputations.  His  humor  was 
inexhaustible,  and  the  young  and  the  old,  grave  statesmen  as 
well  as  young  men  who  are  ever  ready  to  show  their  charity  by 
honoring  the  jests  of  middle-aged  people,  were  alike  captivated 
by  it.  We  are  told  by  a  friend  who,  in  1786,  walked  from  the 
hall  of  Congress,  then  sitting  in  New  York,  in  company  with 
Grayson,  Colonel  Edward  Carrington,  and  Judge  St.  George 
Tucker  on  their  way  to  their  boarding-house,  that  Grayson  became 
lively,  and  threw  out  jests  with  such  an  effect  that  the  gentlemen 
were  so  convulsed  with  laughter  as  hardly  to  be  able  to  walk 
erect  through  the  streets,  he  quite  serious  the  while,  gravitate 
incolumi™  And  in  an  humbler  sphere  his  loving  nature  and 
pleasant  talk  were  so  relished  by  the  family  of  a  worthy  woman 
at  whose  house,  in  visiting  his  mills  on  Opequon  creek,  he  usually 
stopped,  that,  when  his  death  was  announced,  all  of  them  burst 
into  tears.180  Withal  there  was  a  dignity  about  him  which  the 
ablest  and  the  bravest  men  would  have  been  the  last  to  trench 
upon. 


178  In  early  times  it  was  common  to  designate  a  planter  according  to 
the  number  of  hogsheads  of  tobacco  he  made  annually. 

179  Carrington  Memoranda. 

180 1  have  received  from  Robert  Grayson  Carter,  Esq.,  a  reminiscence 
of  Colonel  Grayson,  taken  from  the  lips  of  the  lady  mentioned  in  the 
text,  who  was  living  last  December  (1857)  in  Lewis  county,  Kentucky, 
at  the  age  of  ninety-three.  Her  faculties  were  all  nearly  entire.  Her 
memory  was  perfect,  and  she  described  Colonel  Grayson  as  if  she  had 
seen  him  the  day  before.  She  says  that  in  1784  his  hair  was  slightly 
gray,  though  originally  very  black ;  that  he  was  a  very  large  man;  that 
"he  had  a  bright  and  intelligent  black  eye,  and  that  he  was  altogether 
the  handsomest  man  she  ever  laid  her  eyes  upon  "  ;  that  he  used  fre- 
quently to  stay  at  her  house  on  his  way  to  his  mills  at  Opequon,  and 
that  he  said  he  was  so  pleased  to  find  at  her  house  a  bed  so  much 
better  than  any  he  could  get  at  the  mills.  She  thought  him  in  1784 
betw.een  fifty  and  sixty ;  that  he  was  universally  beloved,  and  that  her 
brother,  Captain  William  Helm,  thought  "that  there  was  no  such  man 


VIRGINIA    CONVENTION    OF    1788.  205 

We  have  spoken  of  his  mode  of  debate ;  and  it  is  fit  that  we 
should  say  something  of  his  manner  of  speaking.  It  should 
seem  improbable  that  a  man  of  good  address,  of  rare  reasoning 
powers,  and  of  undaunted  spirit,  should  be  destitute  of  the  ordi- 
nary qualities  of  an  orator,  unless  he  had  some  impediment  in 
his  speech,  or  lost  all  self-possession  the  moment  he  stood  upon 
his  feet.  Such  was  not  the  case  with  Grayson.  It  was  his  self- 
possession,  acquired  partly  by  his  speeches  in  the  English  clubs 
and  at  the  bar,  partly  by  his  early  essays  in  the  House  of  Bur- 
gesses,181 but  mainly  by  his  service  in  the  Congress  of  the  Con- 
federation, which,  as  it  was  a  small  body,  and  consisted  of  the 
first  men  of  the  Union,  exacted  from  those  who  addressed  it  a 
severity  of  manner  as  well  as  of  matter,  and  a  degree  of  prepara- 
tion and  research  rarely  exhibited  in  popular  assemblies,  and 
which  was  one  of  the  best  schools  of  our  early  statesmen,182  and 


as  Colonel  Grayson  for  every  faculty  and  virtue  that  could  adorn  a 
human  being."  She  says  that  4<  he  was  remarkably  temperate  in  his 
diet — took  for  breakfast  coffee,  butter  and  toast ;  for  dinner,  a  slice  of 
mutton  or  a  piece  of  chicken,  with  vegetables,  and  no  dessert ;  and 
that  he  would  take  a  cup  of  tea  afterwards,  but  never  ate  supper." 
She  says  that  "his  portly  form  and  dignified  appearance  filled  her  with 
such  reverence  that  but  for  his  agreeable  and  bland  manners  she  would 
have  felt  restraint  in  his  presence,  but  that  she  was  entirely  relieved  by 
the  affectionate  manner  in  which  he  spoke  and  acted."  Mr.  Carter 
rode  through  a  storm  to  secure  the  information  of  this  venerable  lady. 
I  ought  to  add  that  the  name  of  the  lady  is  Mrs.  Lucy  Bragg,  and  that 
she  further  says,  that  Colonel  Grayson  always  rode  to  her  house  in  his 
carriage,  attended  by  his  negro  man,  Punch,  who  used  to  rub  his  mas- 
ter's feet,  who  reclined  on  the  bed.  Grayson  had  the  gout,  and 
ultimately  died  of  it. 

181  Several  of  my  correspondents  mention  his  having  been  a  member 
of  the  House  of  Burgesses  ;  but  I  cannot  find  his  name  in  the  Journals. 
This  absence  of  his  name  on  the  face  of  the  Journals  is  not  conclusive 
evidence  of  his  not  having  been  a  member,  as  there  is  no  list  of  mem- 
bers prefixed  to  the  Journals,  and  the  ayes  and  noes  were  not  taken 
until  after  the  formation  of  the  Constitution  of  the  State.    The  only 
means  of  ascertaining  the  membership  of  individuals  must  be  found 
in  the  annual  almanacs,  which  I  do  not  possess,  and  know  not  where 
to  seek. 

182  Mr.  Jefferson  expressed  the  opinion  that  if  Mr.  Madison  had  not 
been  a  member  of  a  small  body  like  the  old  Congress,  his  modesty 
would  have  prevented  him  from  engaging  in  debate. 


• 

206  VIRGINIA   CONVENTION   OF    1788. 

not  a  little  from  his  mode  of  argumentation,  which,  anticipating 
from  the  first  all  possible  objections  to  the  case  in  hand,  made 
him  eager  to  court  them  from  the  lips  of  an  adversary  ;  it  was 
this  self-possession  that  appeared  to  the  observer  not  the  least 
characteristic  of.  his  manner.  He  had  also  studied  oratory  as  a*i 
art,  at  a  time  when  Wedderburne,  though  in  full  practice  at  the 
bar,  deemed  it  not  unworthy  to  become  a  pupil  of  Sheridan,  and 
in  listening  to  the  eloquence  of  Dunning,  of  Townsend,  of  Burke, 
of  Mansfield,  and  of  the  elder  Pitt,  he  had  formed  conceptions 
of  the  art  which  it  was  the  tendency  as  well  as  the  ambition  of 
his  life  to  develop  and  to  practice.  His  person,  as  has  been  said 
already,  was  commanding.  His  voice  was  clear,  powerful,  and 
under  perfect  control,  and  had  been  disciplined  with  care,  and 
in  sarcastic  declamation  its  tones  were  said  to  be  terrible ;  but  it 
had  not  the  universal  compass  of  Henry's,  nor  those  musical 
intonations  which  made  the  voice  of  Innes  grateful  to  the  most 
wearied  ear.  He  spoke  at  times  with  great  animation ;  but  his 
stern  taste,  as  well  as  his  peculiar  range  of  argument,  in  some 
measure  interdicted  much  action,  in  the  mechanical  sense  of  the 
word.  But  it  was  only  when  the  hour  of  reflection  came  that 
such  thoughts  occurred  to  the  hearer,  who  was  borne  along, 
while  the  orator  was  wrapped  in  his  subject,  unresistingly  by  the 
ever-abounding,  ever-varying  and  transparent  current  of  his 
speech.  Yet  it  is  rather  in  the  highest  rank  of  debaters  than  in 
the  highest  rank  of  orators  we  should  place  the  name  of  Grayson. 

In  his  present  position  on  the  floor,  when  he  rose  to  make  the 
only  one  of  his  great  speeches  that  have  come  down  to  us,  he 
had  an  advantage  which  is  necessary  to  a  speaker  on  a  great 
occasion,  and  of  which  he  knew  how  to  avail  himself — he  well 
knew  his  opponents.  Nicholas,  Randolph,  Lee,  and  Marshall 
were  his  juniors  in  the  army,  and  his  juniors  in  years.  With 
two  of  them  he  had  served  in  Congress,  and  he  had  encountered 
them  all  at  the  bar.  He  began  his  speech  with  an  apology  for 
the  desultory  way  in  which,  from  the  previous  debate,  he  would 
be  compelled  to  treat  his  subject,  and  with  a  declaration  of  his 
confidence  in  the  patriotism  and  worth  of  the  members  of  the 
General  Convention  who  were  members  of  the  House.  He 
hoped  that  what  he  designed  to  say  might  not  be  misapplied. 
He  would  make  no  allusions  to  any  gentleman  whatever. 

He  admitted  the  defects  of  the  Confederation,  but  he  appre- 


VIRGINIA    CONVENTION    OF    1788.  207 

bended  they  could  not  be  removed,  because  they  flowed  from 
the  nature  of  that  government  and  from  the  fact  that  particular 
interests  were  preferred  to  the  interests  of  the  whole.  He  con- 
tended that  the  particular  disorders  of  Virginia  ought  not  to  be 
attributed  to  that  source,  as  they  were  equally  beyond  the*  reach 
of  the  Federal  Government  and  of  the  plan  upon  the  table ;  that 
the  present  condition  of  Virginia  was  a  vast  improvement  upon 
the  Colonial  system  ;  that  the  Judiciary  was  certainly  as  rapid  as 
under  the  royal  government,  where  a  case  had  been  thirty-one 
years  on  the  docket.  He  then  detailed  the  state  of  public  feeling 
on  the  subject  of  a  change  in  the  Federal  Government  before  the 
meeting  of  the  General  Convention,  and  showed  that  in  Virginia 
alone  was  there  any  dissatisfaction.  He  then  reviewed,  with  a 
full  knowledge  of  the  subject,  the  dangers  alleged  to  exist  from  the 
hostility  of  foreign  powers  and  of  the  neighboring  States,  show- 
ing that  they  were  wholly  imaginary.  "  As  for  our  sister  States,' ' 
he  said,  "  disunion  is  impossible.  The  Eastern  States  hold  the 
fisheries,  which  are  their  cornfields,  by  a  hair.  They  have  a 
dispute  with  the  British  government  about  their  rights  at  this 
moment.  Is  not  a  general  and  strong  government  necessary  for 
their  interest?  If  ever  nations  had  any  inducements  to  peace, 
the  Eastern  States  now  have.  New  York  and  Pennsylvania  are 
looking  anxiously  forward  to  the  fur  trade.  How  can  they 
obtain  it  but  by  union?  How  are  the  little  States  inclined? 
They  are  not  likely  to  disunite.  Their  weakness  will  prevent 
them  from  quarreling.  Little  men  are  seldom  fond  of  quarrel- 
ing among  giants.  Is  there  not  a  strong  inducement  to  union, 
while  the  British  are  on  one  side  and  the  Spaniards  on  the  other? 
Thank  heaven,  we  have  a  Carthage  of  our  own.  But  we  are 
told  that  if  we  do  not  embrace  the  present  moment  to  adopt  a 
system  which  we  believe  to  be  fatal  to  our  liberties,  we  are  lost 
forever.  Is  there  no  difference  between  productive  States  and 
carrying  States?  If  we  hold  out,  will  not  the  tobacco  trade 
enable  us  to  make  terms  with  the  carrying  States  ?  Is  there 
nothing  in  a  similarity  of  laws,  religion,  language  and  manners  ? 
Do  not  these,  and  the  intercourse  and  intermarriages  between 
people  of  the  different  States  invite  them  in  the  strongest  man- 
ner to  union  ? 

"  But  what  would  I  do  on  the  present  occasion  to  remedy  the 
defects  of  the  present  Confederation  ?     There  are  two  opinions 


' 

208  VIRGINIA    CONVENTION    OF    1788. 

prevailing  in  the  world  ;  the  one  that  mankind  can  only  be  gov- 
erned by  force  ;  the  other  that  they  are  capable  of  freedom  and 
a  good  government.  Under  the  supposition  that  mankind  can 
govern  themselves,  I  would  recommend  that  the  present  Con- 
federation be  amended.  Give  Congress  the  regulation  of  com- 
merce. Infuse  new  spirit  and  strength  into  the  State  govern- 
ments ;  for  when  the  component  parts  are  strong,  it  will  give 
energy  to  the  government,  although  it  be  otherwise  weak.  This 
may  be  proved  by  the  union  at  Utrecht.  Apportion  the  public 
debts  in  such  a  manner  as  to  throw  the  unpopular  ones  on  the 
back  lands.  Call  only  for  requisitions  for  the  foreign  interest, 
and  aid  them  by  loans.  Keep  on  so  until  the  American  charac- 
ter be  marked  with  some  certain  features.  We  are  yet  too 
young  to  know  what  we  are  fit  for.  The  continual  migration  of 
people  from  Europe,  and  the  settlement  of  new  countries  on  our 
western  frontiers,  are  strong  arguments  against  making  new  ex- 
periments now  in  government.  When  these  things  are  removed, 
we  can  with  greater  prospect  of  success  devise  changes.  We 
ought  to  consider,  as  Montesquieu  says,  whether  the  construction 
oi  a  government  be  suitable  to  the  genius  and  disposition  of  the 
people,  as  well  as  a  variety  of  other  circumstances. 

"  But,  if  this  position  be  not  true,  and  men  can  only  be  gov- 
erned by  force,  then  be  as  gentle  as  possible.  What  then  would 
I  do  ?  I  would  not  take  the  British  monarchy  for  my  model. 
We  have  not  materials  for  such  a  government  in  our  country, 
although  I  will  be  bold  to  say,  that  it  is  one  of  the  governments 
in  the  world  by  which  liberty  and  property  are  best  secured. 
But  I  would  adopt  the  following  government.  I  would  have  a 
president  for  life,  choosing  his  successor  at  the  same  time ;  a 
Senate  for  life,  with  the  powers  of  the  House  of  Lords,  and  a 
triennial  House  of  Representatives.  If,  sir,  if  we  are  to  be  con- 
solidated AT  ALL,  we  ought  to  be  fully  represented,  and  governed 
with  sufficient  energy,  according  to  numbers  in  both  Houses. 

"Will  this  new  plan  accomplish  our  purposes?  Will  the 
liberty  and  property  of  the  country  be  secure  under  it  ?  It  is  a 
government  founded  on  the  principles  of  monarchy  with  three 
estates.  Is  it  like  the  model  of  Tacitus  or  Montesquieu  ?  Are 
there  checks  on  it  like  the  British  monarchy  ?  There  is  an  ex- 
ecutive fettered  in  some  parts,  and  as  unlimited  in  others  as  a 
Roman  Dictator.  Look  at  the  executive.  Contrary  to  the 


VIRGINIA    CONVENTION    OF    1788.  209 

opinion  of  all  the  best  writers,  it  is  blended  with  the  legislative. 
We  have  asked  for  water,  and  they  have  given  us  a  stone.  I  am 
willing  to  give  the  government  the  regulation  of  trade.  It  will 
be  serviceable  in  regulating  the  trade  between  the  States.  But  I 
believe  it  will  not  be  attended  with  the  advantages  generally 
expected." 

He  then  spoke  of  the  inexpediency  of  giving  up  the  power  of 
taxation.  "As  to  direct  taxation,"  he  said,  "give  up  this,  and 
you  give  up  everything,  as  it  is  the  highest  act  of  sovereignty. 
Surrender  this  inestimable  jewel  and  -you  throw  a  pearl  away 
richer  than  all  your  tribe."  When  he  had  proved  that  the  ex- 
ercise of  this  power  would  result  in  a  conflict  between  the  Gen- 
eral and  the  State  Government,  in  opposition  to  the  opinion 
expressed  by  Pendleton,  and  established  his  position  by  examples, 
and  had  critically  surveyed  the  construction  of  the  new  House  of 
Representatives,  which  he  contended  was  defective,  he  concluded: 
"  But  my  greatest  objection  is,  that  in  its  operation  it  will  be 
found  unequally  grievous  and  oppressive.  If  it  have  any  efficacy 
at  all,  it  must  be  by  a  faction — a  faction  of  one  part  of  the  Union 
against  the  other.  I  think  that  it  has  a  great  natural  imbecility 
within  itself— too  weak  for  a  consolidated,  and  too  strong  for  a 
confederate  government.  But  if  it  be  called  into  action  by  a 
combination  of  seven  States,  it  will  be  terrible  indeed.  We  need 
to  be  at  no  loss  to  determine  how  this  combination  will  be 
formed.  There  is  a  great  difference  of  circumstances  between 
the  States.  The  interest  of  the  carrying  States  is  strikingly  different 
from  that  of  the  productive  States.  I  mean  not  to  give  offence 
to  any  part  of  America,  but  mankind  are  governed  by  interest. 
The  carrying  States  will  assuredly  unite,  and  our  situation  then 
will  be  wretched  indeed.  Our  commodities  will  be  transported 
on  their  own  terms,  and  every  measure  will  have  for  its  object 
their  particular  interest.  Let  ill-fated  Ireland  be  ever  present 
to  our  view.  We  ought  to  be  wise  enough  to  guard  against  the 
abuse  of  such  a  government.  Republics,  in  fact,  oppress  more 
than  monarchies.  If  we  advert  to  the  page  of  history,  we  will 
find  this  disposition  too  often  manifested  in  republican  govern- 
ments. The  Romans  in  ancient,  and  the  Dutch  in  modern  times, 
oppressed  their  provinces  in  a  remarkable  degree.  I  hope  that 
my  fears  are  groundless  ;  but  I  believe  it  as  I  do  my  creed,  that 
this  Government  will  operate  as  a  faction  of  seven  States  to 

14 


210  VIRGINIA    CONVENTION    OF    1788. 

4^ 

oppress  the  rest  of  the  Union.  But  it  may  be  said  that  we  are 
represented,  and  cannot,  therefore,  be  injured — a  poor  represen- 
tation it  will  be.  The  British  would  have  been  glad  to  take 
America  into  the  union,  like  the  Scotch,  by  giving  us  a  small 
representation.  The  Irish  may  be  indulged  with  the  same 
favor  by  asking  for  it.  Will  that  lessen  our  misfortunes  ?  A 
small  representation  gives  a  pretense  to  injure  and  destroy. 
But,  sir,  the  Scotch  union  is  introduced  by  an  honorable  gentle- 
man, as  an  argument  in  favor  of  adoption.  Would  he  wish  his 
country  to  be  on  the  same  foundation  as  Scotland  ?  She  has  but 
forty-five  members  in  the  House  of  Commons,  and  sixteen  in  the 
House  of  Lords.  They  go  up  regularly  in  order  to  be  bribed. 
The  smallness  of  their  number  puts  it  out  of  their  power  to  carry 
any  measure.  And  this  unhappy  nation  exhibits,  perhaps,  the 
only  instance  in  the  world  where  corruption  becomes  a  virtue. 
I  devoutly  pray  that  this  description  of  Scotland  may  not  be 
picturesque  of  the  Southern  States  in  three  years  from  this  time. 
The  committee  being  tired,  as  well  as  myself,  I  will  take  another 
time  to  give  my  opinion  more  fully  on  this  great  and  important 
subject."183 


183  Grayson  was  born  in  Prince  William  county,  and  died  at  Dumfries, 
Va.,  March  12,  1790.  He  married  Eleanor  Smallwood,  sister  of  General 
and  Governor  Wm.  Smallwood,  of  Maryland.  He  left  issue  :  i  George 
W.,  of  Fauquier  county,  died  before  1832  (leaving issue  :  i.  Frances  mar- 
ried Richard  H.  Foote;  2.  George  W.;  3,  William);  ii.  Robert  H.  married 

(and  left  issue  :   r.  Wm.  P. ;  2.  Hebe  C.  married  William  P.  Smith  ;  3. 

Ellen  S);  iii.  Hebe  Smallwood;  iv.  Alfred  W.  died  before  1829;  mar- 
ried (and  left  issue  :  John  Breckinridge,  Brigadier-General  Confederate 
States  Army,  from  Kentucky) ;  v.  William  J.,  statesman,  born  at  Beau- 
fort, S.  C.,  Nov.,  1788,  died  in  Newberne,  N.  C.,  Odober4, 1863,  was  grad- 
uated at  the  College  of  South  Carolina  in  1809,  and  bred  to  the  legal 
profession.  Entering  on  the  practice  of  law  at  Beaufort  he  became  a 
Commissioner  of  Equity  of  South  Carolina,  a  member  of  the  State 
Legislature  in  1813,  and  Senator  in  1831.  He  opposed  the  Tariff  Act 
of  1831,  but  was  not  disposed  to  push  the  collision  to  the  extreme  of 
civil  war.  He  served  in  Congress  from  December  3,  1833,  to  March  3, 
1837,  and  in  1841  was  appointed  Collector  of  Customs  at  Charleston,  S. 
C.  In  1843  he  retired  to  his  plantation.  During  the  secession  agita- 
tion of  1850  he  published  a  letter  to  Governor  Seabrook  deprecating 
disunion,  and  pointing  out  the  evils  that  would  follow.  He  was  a  fre- 
quent contributor  to  the  Southern  Review,  and  also  published  "  The 
Hireling  and  Slave,"  a  poem  (Charleston,  S.  C,  1854);  "  Chicora,  and 


VIRGINIA    CONVENTION    OF    1788.  211 

Monroe,  seconded  by  Henry,  moved  that  the  committee  should 
rise,  that  Grayson  should  have  an  opportunity  of  continuing  his 
argument  next  day  ;  and  the  House  adjourned.  Its  session  had 
been  protracted.  The  heat  had  been  intense,  but  it  was  a  day 
which  posterity  will  recall  with  pride  ;  for  in  its  course  Madison, 
Mason,  Lee,  and  Grayson  made  such  speeches  as  have  been 
rarely  heard  in  a  single  day  in  any  deliberative  assembly. 

On  Thursday,  the  twelfth  of  June,  as  soon  as  the  House  went 
into  committee,  Wythe  in  the  chair,  and  the  first  and  sec- 
ond sections  of  the  Constitution  still  nominally  the  order  of 
the  day,  Grayson  resumed  his  speech.  His  first  few  sentences 
told  that  he  felt  a  greater  freedom  than  even  the  most  adroit 
debaters  are  apt  to  feel  in  addressing  an  august  assembly  for  the 
first  time,  which  had  been  listening  to  a  succession  of  able  men, 
and  which  was  destined  to  unmake  as  well  as  make  reputations.184 

"  I  asserted  yesterday,"  he  said,  "  that  there  were  two  opinions 
in  the  world — the  one  that  mankind  were  capable  of  governing 
themselves,  the  other  that  it  required  actual  force  to  govern 
them.  On  the  principle  that  the  first  position  was  true,  and 
which  is  consonant  to  the  rights  of  humanity,  the  House  will 
recollect  that  it  was  my  opinion  to  amend  the  present  Confed- 
eration, and  to  infuse  a  new  portion  of  health  and  strength  into 
the  State  Governments,  to  apportion  the  public  debts  in  such  a 

other  Poems";  "The  Country,"  a  poem;  "The  Life  of  James  L.  Pet- 
tigru,"  (New  York,  1866),  and  is  supposed  to  have  been  the  author  of 
a  narrative  poem  entitled  "  Marion."  Colonel  William  Grayson,  by  his 
will,  emancipated  all  negroes  owned  by  him  who  were  born  after  the 
Declaration  of  Independence.  The  executors  of  his  will  were:  Benj. 
Orr  Grayson,  Robert  Hanson  Harrison,  and  it  was  witnessed  by  Spence 
Grayson.  Benjamin  Orr  Grayson  married  Miss  Bronaugh.  He  was  the 
second  of  Armistead  Thomson  Mason  in  the  fatal  duel  of  the  latter 
with  his  cousin,  John  Mason  McCarty. — ED. 

184  This  fear  of  the  House,  if  I  may  so  call  it,  was  plainly  perceptible 
in  the  manner  of  those  who  came  forth  early  in  the  debate  on  the  basis 
of  representation  in  the  Convention  of  1829-30.  There  was  a  tremu- 
lousness  even  in  Randolph  in  his  first  speech.  Other  men  of  real 
ability  absolutely  failed  in  that  debate  ;  but,  as  the  fear  of  the  House 
wore  off,  and  the  debate  passed  from  the  basis  question  into  a  more 
limited  range,  the  number  and  the  freedom  of  the  speakers  were 
quite  as  great  as  was  desirable,  and  the  same  result  to  a  certain  extent 
will  presently  appear  in  this  body. 


212  VIRGINIA    CONVENTION    OF    1788. 

manner  as  to  throw  the  unpopular  ones  on  the  back  lands,  to 
divide  the  rest  of  the  domestic  debt  among  the  different  States, 
and  to  call  for  requisitions  only  for  the  interest  of  the  foreign 
debt.  If,  contrary  to  this  maxim,  force  is  necessary  to  govern 
men,  I  then  did  propose  as  an  alternative,  not  a  monarchy  like 
that  of  Great  Britain,  but  a  milder  government;  one  which, 
under  the  idea  of  a  general  corruption  of  manners  and  the  con- 
sequent necessity  of  force,  should  be  as  gentle  as  possible.  I 
showed,  in  as  strong  a  manner  as  I  could,  some  of  the  principal 
defects  in  the  Constitution.  The  greatest  defect  is  the  opposition 
of  the  component  parts  to  the  interest  of  the  whole.  For  let 
gentlemen  ascribe  its  defects  to  as  many  causes  as  their  imagina- 
tions may  suggest,  this  is  the  principal  and  radical  one.  I  urged 
that  to  remedy  the  evils  which  must  result  from  this  new  gov- 
ernment, a  more  equal  representation  in  the  legislature,  and 
proper  checks  against  abuse,  were  indispensably  necessary.  I 
do  not  pretend  to  propose  for  your  adoption  the  plan  of  govern- 
ment which  I  mentioned  as  an  alternative  to  a  monarchy,  in  case 
mankind  were  incapable  of  governing  themselves.  I  only  meant 
that  if  it  were  once  established  that  force  was  necessary  to  gov- 
ern men,  that  such  a  plan  would  be  more  eligible  for  a  free  peo- 
ple than  the  introduction  of  crowned  heads  and  nobles.  Having 
premised  thus  much  to  obviate  misconstruction,  I  shall  proceed 
to  the  clause  before  us  with  this  observation,  that  I  prefer  a  com- 
plete consolidation  to  a  partial  one,  but  a  Federal  Government  to 
either." 

He  proceeded  to  discuss  the  sections  under  consideration,  and 
declared  that  the  State  which  gives  up  the  power  of  taxation  has 
nothing  more  to  give.  "The  people  of  that  State,"  he  said, 
"  which  suffer  any  but  their  own  immediate  government  to  inter- 
fere with  the  sovereign  right  of  taxation  are  gone  forever.  Giving 
the  right  of  taxation  is  giving  the  right  to  increase  the  miseries 
of  the  people.  Is  it  not  a  political  absurdity  to  suppose  that 
there  can  be  two  concurrent  legislatures,  each  possessing  the 
supreme  power  of  direct  taxation  ?  If  two  powers  come  in  con- 
tact, must  not  the  one  prevail  over  the  other?  Must  it  not 
strike  every  man's  mind  that  two  unlimited,  co-equal,  co-ordinate 
authorities  over  the  same  objects  cannot  exist  together  ?  But  we 
are  told  that  there  is  one  instance  of  co-existent  powers  in  cases 
of  petty  corporations  as  well  here  as  in  other  parts  of  the  world/' 


VIRGINIA    CONVENTION    OF    1788.  213 

He  examined  this  example,  and  showed  that  it  was  wholly  inap- 
plicable to  two  powers  possessing  each  an  unlimited  right  of 
taxation.  He  then  turned  to  the  case  of  Scotland,  which  had 
been  brought  up  by  the  friends  of  the  Constitution  as  a  case  in 
point,  and  showed  that  it  also  was  inapplicable,  as  the  limit  of 
taxation  was  fixed  in  the  articles  of  union,  which  provide  that 
when  England  pays  four  shillings  on  the  pound,  Scotland  only 
pays  forty-five  thousand  pounds  sterling.  He  referred  to  the 
minor  jurisdictions  in  England,  the  stannary  courts  and  others, 
and  showed  that  they  had  no  application  whatever  to  the  case  of 
two  supreme  legislatures  in  a  single  country.  After  showing 
that  the  judicious  exercise  of  such  a  power,  according  to  the 
received  maxims  of  representation,  was  impracticable,  he  placed 
his  opponents  in  the  dilemma,  either  of  being  compelled  to  with- 
hold this  power  from  the  Federal  Government,  or  of  surrendering 
the  first  maxims  of  representation,  that  those  who  lay  the  taxes 
should  bear  their  proportion  in  paying  them.  A  tax  that  might 
with  propriety  be  laid  and  collected  with  ease  in  Delaware,  would 
be  highly  improper  in  Virginia.  The  taxes  cannot  be  uniform 
through  the  States  without  being  oppressive  to  some.  If  they 
be  not  uniform,  some  of  the  members  will  lay  taxes,  in  the  pay- 
ment of  which  they  will  bear  no  proportion.  The  members  of 
Delaware  may  assist  in  laying  taxes  on  our  slaves ;  but  do  they 
return  to  Virginia  ? 

Following  closely  in  the  track  of  Madison's  speech,  delivered 
the  day  before,  he  thus  replied  to  the  argument  derived  from  our 
probable  position  as  a  neutral  power,  which  had  been  argued  so 
ably  by  that  gentleman  :  "  We  are  then  told,"  he  said,  "of  the 
armed  neutrality  of  the  Empress  of  Russia,  the  opposition  to  it  by 
Great  Britain,  and  the  acquiescence  of  other  powers.  We  are 
told  that,  in  order  to  become  the  carriers  of  contending  nations, 
it  will  be  necessary  to  be  formidable  at  sea — that  we  must  have  a 
fleet  in  case  of  a  war  between  Great  Britain  and  France.  I  think 
that  the  powers  which  formed  that  treaty  will  be  able  to  support 
it.  But,  if  we  were  certain  that  this  would  not  be  the  case,  still 
I  think  that  the  profits  that  would  arise  from  such  a  transient 
commerce  would  not  compensate  for  the  expense  of  rendering 
ourselves  formidable  at  sea,  or  the  dangers  that  would  probably 
result  from  the  attempt.  To  have  a  fleet  in  the  present  limited 
population  of  America  is,  in  my  opinion,  impracticable  and  inex- 


214  VIRGINIA    CONVENTION    OF    1788. 

pedient.  Is  America  in  a  situation  to  have  a  fleet  ?  I  take  it  to 
be  a  rule  founded  on  common  sense  that  manufacturers,  as  well 
as  sailors,  proceed  from  a  redundancy  of  inhabitants.  Our 
numbers,  compared  to  our  territory,  are  very  small  indeed.  I 
think,  therefore,  that  all  attempts  to  have  a  fleet,  till  our  western 
lands  are  fully  settled,  are  nugatory  and  vain.  How  will  you 
induce  your  people  to  go  to  sea  ?  Is  it  not  more  agreeable  to 
follow  agriculture  than  to  encounter  the  dangers  and  the  hard- 
ships of  the  ocean  ?  The  same  reason  will  apply,  in  a  great 
degree,  to  manufacturers.  Both  are  the  result  of  necessity.  It 
would,  besides,  be  dangerous  to  have  a  fleet  in  our  present  weak, 
dispersed,  and  defenceless  situation.  The  powers  of  Europe, 
which  have  West  India  possessions,  would  be  alarmed  at  any 
extraordinary  maritime  exertions  ;  and,  knowing  the  danger  of 
our  arriving  at  manhood,  would  crush  us  in  our  infancy.  In  my 
opinion,  the  great  objects  most  necessary  to  be  promoted  and 
attended  to  in  America  are  agriculture  and  population.  First, 
take  care  that  you  are  sufficiently  strong  by  land  to  guard  against 
European  partitions.  Secure  your  own  house  before  you  attack 
that  of  another  people.  I  think  that  the  sailors,  who  could  be 
prevailed  upon  to  go  to  sea,  would  be  a  real  loss  to  the  commu- 
nity. Neglect  of  agriculture  and  loss  of  labor  would  be  the 
certain  consequence  of  such  an  irregular  policy.  I  hope  that, 
when  these  objections  are  thoroughly  considered,  all  ideas  of 
having  a  fleet  in  our  infant  situation  will  be  given  over.  When 
the  American  character  is  better  known,  and  the  Government 
established  on  permanent  principles — when  we  shall  be  suffi- 
ciently populous,  and  our  situation  secure — then  come  forward 
with  a  fleet  ;  not  with  a  small  one,  but  with  one  sufficient  to  meet 
any  of  the  maritime  powers."185 

183 These  early  opinions  on  the  subject  of  a  navy  have  much  interest 
in  connection  with  the  controversies  that  were  soon  to  be  waged  on 
that  topic.  Adam  Stephen  was  the  first  of  our  politicians  to  predict 
glory  from  the  establishment  of  a  navy.  In  a  letter  to  R.  H.  Lee, 
dated  February  3,  1775,  he  says:  "  We  only  want  a  navy  to  give  law  to 
the  world,  and  we  have  it  in  our  power  to  get  it."  John  Adams  is 
usually  considered  the  father  of  the  navy ;  but  in  his  letters  he  insists 
that  "the  navy  is  the  child  of  Jefferson."  The  resolutions  of  1799 
gave  it  a  blast,  which  was  followed  by  the  action  of  Mr.  Jefferson. 
When  one  of  our  prominent  politicians,  near  the  close  of  the  last  cen- 


VfRGINIA   CONVENTION    OF    1788.  215 

He  next  adverted  to  an  opinion  of  Madison  on  the  revenue 
likely  to  flow  from  imposts,  and  as  this  passage  shows  the  views 
held  by  two  of  the  first  political  economists  in  the  Convention  on 
the  amount  of  revenue  to  be  expected  from  the  customs,  we  will 
give  it  in  full  :  "The  honorable  gentleman  (Madison),"  he  said, 
"  has  told  us  that  the  impost  will  be  less  productive  hereafter,  on 
account  of  the  increase  of  population.  I  shall  not  controvert 
this  principle.  When  all  the  lands  are  settled  and  we  have  manu- 
factures sufficient,  this  may  be  the  case  ;  but  I  believe  that  for 
a  very  long  time  this  cannot  possibly  happen.  In  islands  and 
thickly-settled  countries,  where  they  have  manufactures,  the 
principle  will  hold  good,  but  will  not  apply  in  any  degree  to  our 
country.  I  apprehend  that  among  us,  as  the  people  in  the  lower 
country  find  themselves  straightened,  they  will  remove  to  the 
frontiers,  which  will,  for  a  considerable  period,  prevent  the  lower 
country  from  being  very  populous,  or  having  recourse  to  manu- 
factures. I  cannot,  therefore,  but  conclude  that  the  amount  of 
imposts  will  continue  to  increase,  at  least  for  a  great  many 
years."186 

He  next  came  to  the  relief  of  Henry  and  Mason  in  sustaining 
the  inferences  which  they  had  drawn  from  Holland,  and  went 
into  an  explanation  of  the  state  of  parties  in  that  country — the 
party  of  the  Prince  of  Orange  and  the  Louvestein  faction — Eng- 
land taking  the  side  of  one  and  France  of  the  other;  and  main- 


tury,  was  charged  with  having  said  that  the  union  ought  to  be  dissolved, 
he  denied  that  he  made  the  remark,  except  with  the  qualification  that 
"  in  the  contingency  of  the  Federal  Government  building  three  seventy- 
fours."  Though  now  long  dead,  he  lived  to  read  the  bulletins  of  Hull, 
Decatur,  Stewart,  Perry,  McDonough,  and  their  gallant  compatriots. 

186  It  is  not  uninstructive  to  recur  to  the  opinions  held  by  our  early 
statesmen  on  the  rate  of  duties  to  be  laid  upon  imports.  If  the  States 
had  assented  to  the  plan  of  vesting  in  the  old  Confederation  the  right 
to  levy  five  per  cent,  upon  imports  (which  Virginia  assented  to),  in  all 
human  probability  the  Federal  Constitution  would  not  have  been  called 
into  existence.  In  the  course  of  his  present  speech  Grayson  expressed 
the  opinion  that  two  and  a  half  per  cent,  would  put  more  money  into 
the  treasury  than  five,  as  the  high  rate  would  encourage  smuggling. 
As  late  as  1792,  Pendleton,  in  his  letter  on  a  Federal  tariff,  thought  that 
Jive  per  cent,  was  as  high  as  the  Federal  Government  ought  to  go.  It 
is  very  plain  that  in  framing  a  government  the  wisest  men  sometimes 
see  but  a  very  little  way  ahead. 


216  VIRGINIA    CONVENTION    OF    1788. 

% 

tained  that  the  difficulties  of  the  Dutch  were  produced  by  that 
unnatural  contest,  and  were  not  the  result  of  the  particular  con- 
struction of  their  federal  alliance.  As  for  the  slowness  with 
which  our  own  requisitions  were  paid,  will  any  patriot  blame 
a  non-compliance  during  the  war,  when  our  ports  were  block- 
aded, when  all  means  of  getting  money  were  destroyed,  when 
our  country  was  overrun  by  the  enemy,  when  almost  every  arti- 
cle which  the  farmer  could  raise  was  seized  to  sustain  the  armies 
in  the  field  ?  And  since  the  war  the  flourishing  States  have  very 
fairly  complied  with  requisitions.  Others  have  delayed  to  pay 
from  inability  to  make  the  payment.  Massachusetts  attempted 
to  correct  the  nature  of  things  by  extracting  from  the  people 
more  than  they  were  able  to  part  with  ;  and  what  was  the  result  ? 
A  revolution  that  shook  that  State  to  its  centre ;  a  revolution 
from  which  she  was  rescued  by  that  abhorred  and  contemned 
system  which  gentlemen  are  anxious  to  supersede  ;  for  it  was  a 
vote  of  Congress  for  fifteen  hundred  men,  which,  aided  by  the 
executors  of  the  State,  put  down  all  opposition,  and  restored 
the  public  tranquility. 

He  adverted  to  an  argument  which  Pendleton  had  urged  as  a 
means  of  relief  against  maladministration  in  the  Federal  Govern- 
ment :  ' '  We  are  told,' '  he  said,  "  that  Conventions  gave  and  Con- 
ventions can  take  away.  This  observation  does  not  appear  to 
me  to  be  well-founded.  It  is  not  so  easy  to  dissolve  a  government 
like  that  upon  the  table.  Its  dissolution  may  be  prevented  by  a 
trifling  minority  of  the  people  of  America.  The  consent  of  so 
many  States  is  necessary  to  obtain  amendments,  that  I  fear  they 
will  with  great  difficulty  be  obtained."  He  scanned  the  clause 
of  the  Constitution  which  sets  apart  the  ten  miles  square.  "  I 
would  not  deny,"  he  said,  "  the  propriety  of  vesting  the  Govern- 
ment with  exclusive  jurisdiction  over  this  territory,  were  it  prop- 
erly guarded.  Perhaps  I  am  mistaken  ;  but  it  occurs  to  me  that 
Congress  may  give  exclusive  privileges  to  merchants  residing  in 
the  ten  miles  square,  and  that  the  same  exclusive  power  of  legis- 
lation will  enable  them  to  grant  similar  privileges  to  merchants 
within  the  strongholds  of  the  State.  Such  results  are  not  with- 
out precedent.  Else,  whence  have  issued  the  Hanse  Towns, 
Cinque  Ports,  and  other  places  in  Europe,  which  have  peculiar 
privileges  in  commerce  as  well  as  in  other  matters  ?  I  do  not 
offer  this  sentiment  as  an  opinion,  but  a  conjecture ;  and  in  this 


VIRGINIA    CONVENTION    OF    1788.  217 

doubtful  agitation  of  mind  on  a  point  of  such  infinite  magnitude, 
I  only  ask  for  information  from  the  framers  of  the  Constitution 
whose  superior  opportunities  must  have  furnished  them  with 
more  ample  lights  on  the  subject  than  I  am  possessed  of."187  He 
discussed  the  question  of  the  relative  safety  of  the  right  of  navi- 
gating the  Mississippi  under  the  old  and  the  new  system  ;  and 
maintained  that  under  the  Confederation  nine  States  were  neces- 
sary to  cede  that  right  away,  but  that  under  the  new  five  States 
only  were  required  for  the  purpose,  as  ten  members  were  two- 
thirds  of  a  quorum  in  the  Senate,  and  five  States  send  ten  mem- 
bers.188 "In  my  opinion,"  he  said,  "the  power  of  making 
treaties  by  which  the  territorial  rights  of  the  States  may  be 
essentially  affected,  ought  to  be  guarded  against  every  possi- 
bility of  abuse;  and  the  precarious  situation  to  which  those 
rights  will  be  exposed  is  one  reason  with  me,  among  a  number 
of  others,  for  voting  against  the  adoption  of  this  Constitution."1 

Tradition  has  represented  this  speech  as  one  of  the  most  argu- 
mentative, most  eloquent,  and  most  effective  delivered  during  the 
session  ;  and  from  the  meagre  skeleton  of  it  that  has  come  down 
to  us,  we  can  easily  see  that  it  deserved  the  highest  praise.  It 
is  said  that  it  gave  a  new  impulse  to  the  opposition,  and  its  influ- 
ence may  be  clearly  traced  in  the  subsequent  discussions. 

As  soon  as  Grayson  took  his  seat,  Pendleton,  who,  when  the 
House  was  in  committee,  always  sat  near  the  chair,  caught  the 
eye  of  Wythe,  and,  placed  upon  his  crutches,  proceeded  to  deliver 
the  most  elaborate  of  all  the  speeches  which  he  made  upon  the 
floor.190 

187  In  his  vaticinations  he  came  very  near  embracing  the  case  of  the 
Cohens  v.  the  State  of  Virginia,  WH EATON,  Vol.  — . 

,188  The  opposition  of  New  England  to  the  acquisition  of  Louisiana  is 
an  instance  within  the  range  of  his  fears. 

189  I  may  say  here  that  I  do  not  refer  to  the  page  in  Robertson's  De- 
bates, partly  because  the  book,  which  has  been  out  of  print  for  thirty 
years,  may  be  reprinted  ere  long  in  a  different  form,  when  my  refer- 
ences would  lead  astray ;  but  mainly  because  I  record  each  day's  ses- 
sion and  the  order  of  the  speakers  on  the  floor.     Elliotts  Debates  are 
also  out  of  print,  and  their  paging  does  not  correspond  with  Robertson's. 
If  there  had  been  a  new  edition  of  the  debates,  I  would  have  cited  the 
page  for  the  convenience  of  the  student. 

190  It  was  interesting  to  behold  the  eagerness  of  the  members  on  both 
sides  of  the  House  in  their  endeavors  to  assist  Pendleton  in  his  efforts 


218  VIRGINIA    CONVENTION    OF    1788. 

£ 

He  began  by  brushing  away  the  driftwood  which  had  been 
floating  on  the  stream  of  debate  ;  and  which  defiled  the  face  of 
the  waters.  The  venerable  speaker  had  not  relished  the  laugh 
which  Henry  had  raised  by  ridiculing  his  scheme  of  calling  a 
Convention  to  withdraw  the  powers  of  a  Government,  the  presi- 
dent of  which,  at  the  head  of  a  well-equipped  and  devoted 
army,  was  marching  against  the  people  of  a  State  which  had  no 
arms  in  its  possession,  and  he  followed  Henry  in  the  course  of 
his  speech.  He  regretted  that  such  expression's  as  those  which 
likened  the  people  to  a  HERD  had  been  used,  and  he  wished  the 
gentleman  (Henry)  had  felt  himself  at  liberty  to  let  it  pass. 
"  We  are  assembled  by  the  people,"  he  said,  "  to  contemplate  in 
the  calm  lights  of  mild  philosophy  what  government  is  best  cal- 
culated to  promote  their  happiness  and  secure  their  liberty. 
We  should  not  criticize  harshly  the  expressions  which  may  es- 
cape in  the  effusions  of  honest  zeal.  On  the  subject  of  govern- 
ment the  worthy  member  (Henry)  and  myself  differ  on  the 
threshold.  I  think  government  necessary  to  protect  liberty. 
He  supposes  the  American  spirit  all-sufficient  for  the  purpose. 
Do  Montesquieu,  Locke,  and  Sidney  agree  with  the  gentleman  ? 
They  have  presented  us  with  no  such  idea.  They  denounce 
cruel  and  excessive  punishments,  but  they  recommend  that  the 
ligaments  of  government  should  be  firmer  and  the  execution  of 
the  laws  more  strict  in  a  republic  than  in  a  monarchy.  Was  I 
not  then  correct  in  my  inference  that  such  a  government  and 
liberty  were  friends  and  allies,  and  that  their  common  enemy 
was  faction,  turbulence  and  violence  ?  A  republican  government 
is  the  nursery  of  science.  It  turns  the  bent  of  it  to  eloquence  as 
a  qualification  for  the  representative  character,  which  is,  as  it 
ought  to  be,  the  road  to  our  public  offices.  I  differ  from  the 
gentleman  in  another  respect.  He  professes  himself  an  advo- 
cate for  the  middle  and  lower  classes  of  men.  I  profess  to  be 
a  friend  to  the  equal  liberty  of  all  men  from  the  palace  to  the 
cottage,  without  any  other  distinction  than  between  good  and 
bad  men."  He  then  referred  to  an  expression  which  Mason  had 
quoted  from  a  friend  of  the  Constitution.  "  Why  introduce 

to  rise.  He  took  a  seat  near  the  chair  for  the  convenience  of  ascend- 
ing and  descending  from  it  at  the  beginning  and  at  the  end  of  each 
day's  session. 


VIRGINIA   CONVENTION    OF    1788.  219 

such  an  expression  as  well-born  ?  None  such  are  to  be  found  in 
the  paper  on  your  table.  I  consider  every  man  well-born  who  ^ 
comes  into  the  world  with  an  intelligent  mind,  and  with  all  his 
parts  perfect.  Whether  a  man  is  great  or  small,  he  is  equally 
dear  to  me.  I  wish  for  a  regular  government  for  the  protection 
of  the  honest  and  industrious  planter  and  farmer.  I  am  old 
enough  to  have  seen  great  changes  in  society.  I  have  often 
known  those  who  commenced  life  without  any  other  stock  than  ( 
industry  and  economy  attain  to  opulence  and  wealth.  This 
could  only  happen  in  a  regular  government.  The  true  princi- 
ple of  republicanism,  and  the  greatest  security  of  liberty,  is  reg- 
ular government.  What  become  of  the  passions  of  men  when 
they  enter  society?  Do  they  leave  them?  No  ;  they  bring 
them  with  them,  and  their  passions  will  overturn  your  govern- 
ment without  an  adequate  check."  He  recurred  to  the  use  of 
the  word  "  illumined  "  by  Henry,  and  charged  him  with  incon- 
sistency in  its  use.  "  The  gentleman  has  made  a  distinction 
between  the  illumined  and  the  ignorant.  I  have  heard  else-  * 
where  with  pleasure  the  worthy  gentleman  expatiate  on  the 
advantages  of  learning,  among  other  things  as  friendly  to  liberty. 
I  have  seen  in  our  code  of  laws  the  public  purse  applied  to  cher- 
ish private  seminaries.  This  is  not  strictly  just;  but  with  me 
the  end  sanctified  the  means,  and  I  was  satisfied.191  But  did  we 
thus  encourage  learning  to  set  up  those  who  attained  its  bene- 
fits as  butts  of  invidious  distinction?  Surely,  the  worthy  mem- 
ber on  reflection  will  disavow  the  idea.  Am  I  still  suspected  of 
a  want  of  attachment  to  my  fellow-citizens,  whom  the  gentleman 
calls  peasants  and  cottagers  ?  Let  me  rescue  them  from  the 
ignominy  to  which  he  consigns  them.  He  classes  them  with  the 
Swiss,  who  are  born  and  sold  as  mercenaries  to  the  highest  bid- 
der; with  the  people  of  the  Netherlands,  who  do  not  possess 
that  distinguished  badge  of  freedom,  the  right  of  suffrage;  and 
with  the  British,  who  have  to  a  small  extent  the  right  of  suffrage, 
but  who  sell  it  for  a  mess  of  pottage.  Are  these  people  to  be 
compared  to  our  worthy  planters  and  farmers  who  draw  food 


191  This  is  a  hit  at  Henry,  but  I  know  not  to  what  it  refers,  unless  to 
Hampden-Sidney,  of  which  Henry  was  one  of  the  trustees,  or  to  Ques- 
nay,  the  builder  of  the  first  Richmond  academy,  whom  Henry  be- 
friended. 


220  VIRGINIA   CONVENTION    OF    1788. 

and  raiment,  and  even    wealth,   from  the  inexhaustible  stores 
which  a  bountiful  Creator  has  placed  beneath  their  feet  ?" 

He  maintained  that  the  happiness  and  safety  of  the  people 
were  the  objects  of  the  plan  under  consideration,  and  they  were, 
therefore,  regarded  by  it  as  the  source  of  power.  But,  as  the 
people  cannot  act  in  a  body,  they  must  act  through  their  repre- 
sentatives ;  and  he  showed  that  a  representative  government  was 
the  only  true  and  safe  mode  of  administering  the  affairs  of  a 
people  ;  that,  if  the  Confederation  had  rested  on  a  popular  basis, 
we  should  have  found  that  peace  and  happiness  which  we  are 
now  in  quest  of.  In  the  State  Constitution  you  commit  the 
sword  to  the  executive  and  the  purse  to  the  legislature,  and 
everything  else  without  a  limitation.  In  both  cases  the  repre- 
sentative principle  is  preserved,  and  you  are  safe.  Legislatures 
may  sometimes  do  wrong.  They  have  done  wrong.  Here  his 
voice  fell  to  a  low  tone,  and  then  became  inaudible.  His  physical 
suffering  had  for  a  moment  repressed  the  faculties  of  his  fine 
intellect.  It  was  a  scene  that  appealed  to  the  sensibilities  of  all 
present.  It  was  the  first  time  that  voice,  which  for  the  third  of 
a  century  had  been  the  delight  of  friends  and  terror  of  foes,  ever 
faltered  in  debate.  When  he  rallied,  he  was  understood  to  say 
that  his  brethren  of  the  judiciary  felt  great  uneasiness  in  their 
minds  to  violate  the  Constitution  by  such  a  law.1Pa  They  had 
prevented  the  operation  of  some  unconstitutional  acts.  Still, 
preserve  the  representative  principle  in  your  government,  and  you 
are  safe.  He  said  he  had  made  his  remarks  as  introductory  to  the 
consideration  of  the  paper  on  the  table.  "  I  conceive,"  he  said, 
"  that  in  those  respects,  where  our  State  Constitution  has  not  been 
disapproved  of,  objections  will  not  apply  against  that  on  your 
table.  In  forming  our  State  Constitution  we  looked  only  to  our 
local  circumstances  ;  but  in  forming  the  plan  under  consideration 
we  must  look  to  our  connection  with  the  neighboring  States. 


192  He  had  just  mentioned  the  case  of  Philips  when  he  ceased  to  be 
heard.  If  in  continuation  he  referred  to  that  case,  which  I  hardly  think 
is  probable,  it  is  one  of  the  most  singular  instances  on  record  of  indi- 
viduals imagining  feelings  which  they  never  felt ;  for  it  is  unquestionable 
that  Philips,  in  company  witji  four  or  five  others,  was  indicted  for 
highway  robbery  and  condemned,  after  a  fair  trial,  by  the  ordinary  laws 
of  the  land,  and  not  by  attainder. 


VIRGINIA   CONVENTION    OF    1788.  221 

We  have  seen  the  advantages  and  blessings  of  the  union.  God 
grant  we  may  never  see  the  disadvantages  of  disunion  !" 

On  the  subject  of  direct  taxation,  he  said  that  "if  it  was 
necessary  for  our  interests  to  form  an  union,  then  it  was  necessary 
to  cede  adequate  powers  to  attain  the  end  in  view.  We  must 
delegate  the  powers  appropriate  to  the  end.  And  to  whom  do 
we  delegate  those  powers  ?  To  our  own  representatives.  Why 
should  we  fear  more  from  our  representatives  there  than  from  our 
representatives  here  ?  But  a  gentleman  (Monroe)  has  said  that 
the  power  of  direct  taxation  is  unnecessary,  because  the  back 
lands  and  the  impost  will  be  sufficient  to  answer  all  Federal  pur- 
poses. What,  then,  are  we  disputing  about  ?  Does  the  gentleman 
think  that  Congress  will  lay  direct  taxes  if  other  funds  are  suffi- 
cient ?  It  will  remain*  a  harmless  power  on  paper,  and  do  no 
injury.  If  it  should  be  necessary,  will  gentlemen  run  the  risk  of 
the  union  by  withholding  it?"  When  he  had  rescued  the  sub- 
ject of  requisitions  and  taxation  from  the  misrepresentations 
which  he  alleged  had  been  made  in  the  committee,  re-established 
his  position  respecting  the  probable  harmony  of  the  two  judi- 
ciary systems,  and  showed  that  it  was  the  interest  of  the  General 
Government  to  strengthen  the  government  of  the  States,  he  dis- 
cussed the  Mississippi  question,  then  passed  to  the  judiciary,  and 
ended  with  an  expression  of  his  opinion,  which  he  sustained  by 
arguments  in  favor  of  subsequent  amendments. 

There  was  a  short  intermission  while  the  friends  of  Pendleton 
were  aiding  him  to  resume  his  seat,  and  were  congratulating  him 
on  his  speech.  It  was  remarked  that  some  of  his  opponents 
cordially  greeted  the  old  man  eloquent,  and  that  others  gave  a 
silent  pressure  of  the  hand,  which  spoke  not  less  sensibly  than 
words.  In  fact,  his  speech,  apart  from  the  speaker,  was  a  really 
fine  effort.  The  rebukes  which  he  dealt  to  his  opponents  were 
galling,  his  points  were  well-made,  the  turning  of  the  argument 
of  Monroe  against  his  own  party  was  adroit,  and  the  beautiful 
exposition  of  the  theory  of  a  popular  representative  system  in 
averting  misrule  and  in  preserving  the  public  liberty  in  the  long 
run  intact,  and  of  the  defects  of  the  Confederation  as  resulting 
from  the  absence  of  this  principle  in  that  instrument,  was  inge- 
nious and  happy.  But  when  we  add  to  the  intrinsic  worth  of  the 
speech  the  picture  of  the  venerable  old  man,  in  whose  person 
the  infirmity  of  an  irreparable  accident  was  added  to  the  infirmi- 


222  VIRGINIA    CONVENTION    OF    1788. 

ties  of  age,  his  high  authority,  which  imparted  to  every  word 
that  he  uttered  an  almost  judicial  dignity,  and  his  still  higher 
spirit  beneath  which  his  physical  powers  sank,  the  occasion  must 
have  excited  uncommon  interest.  Still  there  were  parts  of  his 
speech  which  evinced  that  the  old  debater  had  not  forgot  his 
ways.  His  evident  misrepresentation  of  the  argument  of  Henry 
in  more  than  one  instance,  his  ungenerous  reflection  upon  that 
individual  for  his  liberality  in  lending  a  helping  hand  to  our 
infant  literary  institutions,  and,  perhaps,  his  imagined  sorrow  at 
an  event  that  never  occurred,  indicated  that  personal  feelings 
had  mingled  with  political,  and  that  the  man  was  not  wholly  lost 
in  the  sage. 

Madison  rose  to  reply  to  Grayson.  As  Grayson  had  pro- 
pounded a  dilemma  for  the  reflection  of  the  friends  of  the 
Constitution,  Madison  was  resolved  to  return  the  compliment. 
The  dilemma  of  Grayson  was  that,  on  their  own  admission,  the 
advocates  of  the  new  plan  must  either  admit  the  impracticability 
of  laying  uniform  taxes  throughout  the  States,  or  surrender  the 
great  principle  on  which  the  doctrine  of  representation  rests, 
that  those  who  lay  the  taxes  should  pay  them.  "  The  honorable 
gentleman  over  the  way,"  said  Madison,  "set  forth  that  by 
giving  up  the  power  of  taxation  we  should  give  up  everything, 
and  still  insists  on  requisitions  being  made  on  the  States ;  and 
that  then,  if  they  be  not  complied  with,  Congress  shall  lay  direct 
taxes  by  way  of  penalty.  Let  us  consider  the  dilemma  which 
arises  from  this  doctrine.  Either  requisitions  will  be  efficacious, 
or  they  will  not.  If  they  will  be  efficacious,  then  I  say,  sir,  we 
give  up  everything  as  much  as  by  direct  taxation.  The  same 
amount  will  be  paid  by  the  people  as  by  direct  taxes.  But  if 
they  be  not  efficacious,  where  is  the  advantage  of  this  plan  ?  In 
what  respect  will  it  relieve  us  from  the  inconveniencies  which  we 
have  experienced  from  requisitions  ?  The  power  of  laying  direct 
taxes  by  the  General  Government  is  supposed  by  the  honorable 
gentleman  to  be  chimerical  and  impracticable.  What  is  the  con- 
sequence of  the  alternative  he  proposes  ?  We  are  to  rely  upon 
this  power  to  be  ultimately  used  as  a  penalty  to  compel  the 
States  to  comply.  If  it  be  chimerical  and  impracticable  in  the 
first  instance,  it  will  be  equally  so  when  it  will  be  exercised  as  a 
penalty.  The  dilemma  of  Madison  has  not  the  force  of  the 
dilemma  propounded  by  Grayson.  Both  of  its  horns  have  a 


VIRGINIA   CONVENTION    OF    1788.  223 

rottenness  visible  on  its  surface.  He  assumes  a  position  which  he 
was  bound  to  prove,  and  which  is  ,incapable  of  proof,  that  the 
amount  called  for  by  requisition  and  the  amount  to  be  raised  by 
direct  taxes  levied  by  the  Federal  Government  could  be  collected 
with  the  same  convenience  and  economy  from  the  citizens  of 
Virginia.  In  collecting,  the  amount  of  a  requisition  selected  its 
own  objects  and  availed  itself  of  a  well-established  machinery 
for  the  purpose,  merely  adding  a  certain  per  centum  to  the  annual 
taxes ;  while  the  General  Government  would  be  compelled  to 
maintain  a  staff  of  officers  for  carrying  into  effect  a  contingency 
which  may  happen  this  ye^r,  but  which  may  not  happen  in  the 
next  seven.  There  was  also  another  consideration  in  favor  of 
the  States  in  the  case  of  requisitions.  The  Congress,  well  know- 
ing the  difficulty  and  delicacy,  as  well  as  the  uncertainty  and 
cost,  of  collecting  a  given  amount  by  direct  taxation  over  a  region 
of  wild  country  as  vast  as  the  whole  of  Europe,  would  be 
inclined,  in  order  to  avoid  an  unpleasant  alternative,  to  exact  as 
little  in  the  first  instaace  by  requisition  as  would  satisfy  the  public 
exigencies.  It  was  the  difficulty  of  the  remedy  that  induced 
Grayson  to  propose  it  as  a  penalty,  and  a  penalty  it  would  be  to 
the  States  to  the  extent  of  the  difference  between  the  two  modes 
of  collection.  Nor  was  the  other  horn  of  the  dilemma  more 
formidable.  It  is  true  that  the  collection  of  the  direct  taxes 
might  be  equally  difficult,  whether  as  an  original  measure  or  as  a 
penalty  ;  but  the  argument  of  Mason  was  ad  hominem,  and 
applied  to  Madison  and  to  all  those  who  contended  that  direct 
taxes  could  be  easily  collected  by  the  Federal  Government. 

Madison  replied  to  the  arguments  urged  by  Grayson  against 
the  policy  of  creating  a  navy  in  prospect  of  the  uncertain  and 
ephemeral  profits  to  be  derived  from  a  neutral  trade.  "The 
gentleman  has  supposed,"  he  said,  "that  my  argument  with 
respect  to  a  future  war  between  Great  Britain  and  France  was 
fallacious.  The  other  nations  of  Europe  have  acceded  to  that 
neutrality,  while  Great  Britain  opposed  it.  We  need  not  suspect 
in  case  of  such  a  war  that  we  should  be  suffered  to  participate 
of  the  profitable  emoluments  of  the  carrying  trade,  unless  we 
were  in  a  respectable  situation.  Recollect  the  last  war.  Was 
there  ever  a  war  in  which  the  British  nation  stood  opposed  to  so 
many  nations  ?  All  the  belligerent  nations  of  Europe,  with 
nearly  one-half  the  British  empire,  were  united  against  it.  Yet 


f 

224  VIRGINIA    CONVENTION    OF    1788. 

• 

that  nation,  though  defeated  and  humbled  beyond  any  previous 
example,  stood  out  against  this.  From  her  firmness  and  spirit 
in  such  desperate  circumstances,  we  may  divine  what  her  future 
conduct  may  be.  I  did  not  contend  that  it  was  necessary  for  the 
United  States  to  establish  a  navy  for  that  sole  purpose,  but 
instanced  it  as  one  reason  out  of  several  for  rendering  ourselves 
respectable.  I  am  no  friend  to  naval  or  land  armaments  in  time 
of  peace  ;  but  if  they  be  necessary,  the  calamity  must  be  sub- 
mitted to.  Weakness  will  invite  insults.  A  respectable  govern- 
ment will  not  only  entitle  us  to  a  participation  of  the  advantages 
which  are  enjoyed  by  other  nations,  but  will  be  a  security  against 
attacks  and  insults.  It  is  to  avoid  the  calamity  of  being  obliged 
to  have  large  armaments  that  we  should  establish  this  govern- 
ment. Tne  best  way  to  avoid  danger  is  to  be  in  a  capacity  to 
withstand  it." 

As  a  specimen  of  fair  debating,  we  annex  the  reply  of  Madi- 
son to  the  arguments  of  Grayson  in  relation  to  the  probable 
increase  of  the  revenue  from  imports:  ".The  imports,  we  are 
told,  will  not  diminish,  because  the  emigrations  to  the  westward 
will  prevent  the  increase  of  population.  The  gentleman  has  rea- 
soned on  this  subject  justly  to  a  certain  degree.  I  admit  that  the 
imports  will  increase  till  population  becomes  so  great  as  to  com- 
pel us  to  recur  to  manufactures.  The  period  cannot  be  very  far 
distant  when  the  unsettled  parts  of  America  will  be  inhabited. 
At  the  expiration  of  twenty-five  years  hence,  I  conceive  that  in 
every  part  of  the  United  States  there  will  be  as  great  a  popu- 
lation as  there  is  now  in  the  settled  parts.  We  see  already  that 
in  the  most  populous  parts  of  the  union,  and  where  there  is  but 
a  medium,  manufactures  are  beginning  to  be  established.  Where 
this  is  the  case,  the  amount  of  importations  will  begin  to  dimin- 
ish. Although  the  imports  may  even  increase  during  the  term  of 
twenty-five  years,  yet,  when  we  are  preparing  a  government  for 
perpetuity,  we  ought  to  found  it  on  permanent  principles  and 
not  on  those  of  a  temporary  nature."  He  next  reviewed  the 
Mississippi  question,  and  the  explanations  of  Grayson  respecting 
Holland  ;  and  examined  the  distinction  made  by  Grayson  be- 
tween the  carrying  and  the  producing  States,  showing  that  the 
majority  of  the  States  would  probably  be  non-carrying,  and 
would  unite  with  Virginia  in  opposing  them  when  necessary. 
In  the  course  of  his  speech  he  answered  the  inquiry,  t(  How 


VIRGINIA   CONVENTION    OF    1788.  225 

came  the  New  England  States  to  object  to  the  cession  of  the 
navigation  of  the  Mississippi,  when  the  Southern  States  were 
willing  to  part  with  it  ?  What  was  the  cause  of  the  Northern 
States  being  the  champions  of  this  right,  when  the  Southern 
States  were  disposed  to  surrender  it  ?  The  preservation  of  this 
right  will  be  for  the  general  interest  of  the  Union.  The  West- 
ern country  will  be  settled  from  the  North  as  well  as  from  the 
South,  and  its  prosperity  will  add  to  the  strength  and  security  of 
the  union." 

Henry  followed  Madison  and  observed  that,  however  painful 
it  was  to  be  making  objections,  he  was  compelled  to  make  some 
observations.  He  said  that  the  dangers  with  which  we  have 
been  menaced  have  been  proved  to  be  imaginary;  but  the 
dangers  from  the  new  Constitution  were  real.  Our  dearest 
rights  would  be  left  in  the  hands  of  those  whose  interest 
it  would  be  to  infringe  them.  He  reviewed  Mr.  Jefferson's 
letter,  which  had  been  read  by  Pendleton,  and  insisted  that 
according  to  that  letter  four  States  ought  to  reject  the  Consti- 
tution. Where  are  the  four  States  to  come  from  if  Virginia 
approves  the  new  plan  ?  Let  Virginia  instantly  reject  that  instru- 
ment, and  all  amendments  necessary  to  secure  the  liberties  of 
the  people  will  certainly  be  adopted.  But  how  can  you  obtain 
amendments  when  Massachusetts,  the  great  Northern  State, 
Pennsylvania,  the  great  Middle  State,  and  Virginia,  the  great 
Southern  State  shall  have  ratified  the  Constitution  ?  He  exam- 
ined the  doctrine  that  all  powers  not  expressly  granted  are  re- 
served, and  showed  that  henceforth  our  dearest  rights  would 
rest  on  construction  and  implication.  Did  this  process  satisfy 
our  British  ancestors  ?  Look  at  Magna  Charta,  at  the  Bill  of 
Rights,  and  at  the  Declaration  of  Rights,  which  prescribed  on 
what  terms  William  of  Orange  should  reign.  "  The  gentleman 
(Randolph)  has  told  us  his  object  is  union.  I  admit  that  the 
reality  of  union,  and  not  the  name,  is  the  object  which  most 
merits  the  attention  of  every  friend  of  his  country.  He  told  you 
that  you  should  hear  many  sounding  words  from  our  side  of  the 
House.  We  have  heard  the  word  union  from  him.  I  have 
heard  no  word  so  often  pronounced  in  this  House  as  he  did  this. 
I  admit  that  the  American  union  is  dear  to  every  man.  I  admit 
that  every  man  who  has  three  grains  of  information  must  know 
and  think  that  union  is  the  best  of  all  things.  But  we  must  not  mis- 


226  VIRGINIA   CONVENTION    OF    1788. 

% 

take  the  ends  for  the  means.  If  he  can  show  that  the  rights  of  the 
union  are  secure,  we  will  consent.  It  has  been  sufficiently 
demonstrated  that  they  are  not  secured.  It  sounds  mighty 
prettily  to  curse  paper  money  and  honestly  pay  debts.  But  look 
to  the  situation  of  America,  and  you  will  find  that  there  are 
thousands  and  thousands  of  contracts,  whereof  equity  forbids  an 
exact  liberal  performance.  Pass  that  government,  and  you  will 
be  bound  hand  and  foot.  There  was  an  immense  quantity  of 
depreciated  paper  money  in  circulation  at  the  conclusion  of  the 
war.  This  money  is  in  the  hands  of  individuals  to  this  day. 
The  holders  of  this  money  may  call  for  the  nominal  value,  if 
this  government  be  adopted.  This  State  may  be  compelled  to 
pay  her  proportion  of  that  currency  pound  for  pound.  Pass 
this  government,  and  you  will  be  carried  to  the  Federal  court 
(if  I  understand  that  paper  right),  and  you  will  be  compelled  to 
pay  shilling  for  shilling.  A  State  may  be  sued  in  the  Federal 
court,  by  the  paper  on  your  table." 

He  reverted  to  the  frequently  cited  case  of  Scotland,  contend- 
ing that  the  Scotch,  like  a  sensible  people,  had  secured  their 
rights  in  the  articles  of  union.  He  said  that,  if  this  new  scheme 
would  establish  credit,  it  might  be  well  enough  ;  but  if  we  are 
ever  to  be  in  a  state  of  preparation  for  war  on  such  airy  and 
imaginable  grounds  as  the  possibility  of  danger,  your  govern- 
ment must  be  military  and  dangerous  to  liberty.  "  But  we  are 
to  become  formidable,"  he  said,  and  have  a  strong  government 
to  protect  us  from  the  British  nation.  Will  that  paper  on  your 
table  prevent  the  attacks  of  the  British  navy,  or  enable  us  to 
raise  a  fleet  equal  to  the  British  fleet  ?  The  British  have  the 
strongest  fleet  in  Europe,  and  can  strike  everywhere.  It  is  the 
utmost  folly  to  conceive  that  that  paper  can  have  such  an  opera- 
tion. It  will  be  no  less  so  to  attempt  to  raise  a  powerful  fleet. 
He  urged  the  advantage  of  requisitions,  in  preference  of  direct 
taxation  by  the  Federal  Government,  on  the  ground  that  "the 
whole  wisdom  of  the  science  of  government  with  respect  to  tax- 
ation consisted  in  selecting  that  mode  of  collection  which  will 
best  accommodate  the  convenience  of  the  people.  When  you 
come  to  tax  a  great  country,  you  will  find  ten  men  too  few 
to  settle  the  manner  of  collection.193  One  capital  advantage 

193  The  number  of  representatives  to  which  Virginia  would  be  enti- 
tled in  the  first  Congress  was  ten. 


VIRGINIA    CONTENTION    OF    1788.  227 

which  will  result  from  the  proposed  alternative  will  be  this :  that 
there  will  be  a  necessary  communication  between  your  ten  mem- 
bers of  Congress  and  your  one  hundred  and  seventy  representa- 
tives here.  We  might  also  remonstrate,  if  by  mistake  or  design 
the  sum  asked  for  is  too  large.  But,  above  all,  the  people  would 
pay  the  taxes  cheerfully.  If  it  be  supposed  that  this  would 
occasion  a  waste  of  time  and  an  injury  to  public  credit,  which 
would  only  happen  when  requisitions  were  not  complied  with, 
the  delay  would  be  compensated  by  the  payment  of  interest, 
which,  with  the  addition  of  the  credit  of  the  State  to  that  of  the 
general  government,  would  in  a  great  measure  obviate  that 
objection."  He  repelled  the  idea  that  responsibility  was  secured 
by  direct  taxation,  maintaining  his  denial  by  arguments  drawn 
from  the  construction  of  the  House  of  Representatives,  and  that 
the  State  governments  would  exercise  more  influence  than  the 
general  government,  contending  that  the  larger  salaries  and  the 
multiplicity  of  Federal  offices  would  cast  the  balance  against  the 
State.  He  recurred  to  the  argument  of  Pendleton  on  the  nature 
of  representative  government,  and  sought  to  prove  that  the  prin- 
ciple was  only  nominally  adopted  in  the  new  scheme,  enforcing 
his  views  by  a  reference  to  the  inequality  of  representation  in 
the  Senate.  Rulers  are  the  servants  of  the  people — the  people 
are  their  masters.  Is  this  the  spirit  of  the  new  scheme  ?  It  is 
the  spirit  of  our  State  Constitution.  That  gentleman  (Pendleton) 
helped  to  form  that  government;  and  all  the  applause  which  it 
justly  deserves  go  to  the  condemnation  of  this  new  plan.  The 
gentleman  has  spoken  of  the  errors  and  failures  of  our  State 
government.  "  I  do  not  justify,"  he  said,  "  what  merits  censure, 
but  /  shall  not  degrade  my  country.  The  gentleman  did  our 
judiciary  an  honor  in  saying  that  they  had  the  firmness  to  coun- 
teract the  Legislature  in  some  cases.  Will  your  Federal  judi- 
ciary imitate  the  example  ?  Where  are  your  landmarks  in  this 
government  ?  I  will  be  bold  to  say  that  you  cannot  find  any  in 
it.  I  take  it  as  the  highest  encomium  on  Virginia  that  the  acts 
of  the  Legislature,  if  unconstitutional,  are  liable  to  be  opposed 
by  the  judiciary."194  He  proceeded  to  show  that  the  two  execu- 

194  It  is  remarkable  that  Henry  rarely  replied  to  any  personal  remark 
made  against  him  in  debate.  In  this  instance  he  could  easily  have 
retorted  on  Pendleton  the  censure  which  that  gentleman  cast  upon  him 
for  helping  private  literary  institutions,  but  he  passed  the  matter  over. 


228  VIRGINIA    CONVENTION    OF    1788. 

% 

lives  and  the  two  judiciaries  must  necessarily  interfere  with  each 
other,  and  that  of  the  State  must  go  down  in  the  collision.  The 
citizen  would  be  oppressed  by  the  Federal  collector,  and  dragged 
into  some  distant  Federal  court,  unless  there  was  a  Federal  court 
in  each  county,  which  he  hoped  would  not  be  the  case. 

Madison  rose  to  reply  to  Henry.  He  made  his  usual  apology 
for  departing  from  the  order  of  the  day,  but  was  compelled  to 
follow  gentlemen  on  the  other  side,  who  had  taken  the  greatest 
latitude  in  their  remarks.  He  argued  that,  if  there  be  that  terror 
in  direct  taxation,  which  would  compel  the  States  to  comply 
with  requisitions  to  avoid  the  Federal  legislature,  and  if,  as  gen- 
tlemen say,  this  State  will  always  have  it  in  her  power  to  make 
her  collections  speedily  and  fully,  the  people  will  be  compelled  to 
pay  the  same  amount  as  quickly  and  as  punctually  as  if  raised 
by  the  Federal  Government.  "It  has  been  amply  proved,"  he 
said,  "  that  the  general  government  can  lay  taxes  as  conveniently 
to  the  people  as  the  State  governments,  by  imitating  the  State 
systems  of  taxation.  If  the  general  government  has  not  the 
power  of  collecting  its  own  revenues  in  the  first  instance,  it  will 
be  still  dependent  on  the  State  governments  in  some  measure ; 
and  the  exercise  of  this  power  after  refusal  will  be  inevitably  pro- 
ductive of  injustice  and  confusion,  if  partial  compliances  be  made 
before  it  is  driven  to  assume  it.  Thus,  without  relieving  the 
people  in  the  smallest  degree,  the  alternative  proposed  will  im- 
pair the  efficacy  of  the  government,  and  will  perpetually  endan- 
ger the  tranquility  of  the  union."  He  next  combatted  with 
great  force  the  charge  of  the  insecurity  of  religious  freedom 
under  the  new  system.  "  Is  a  bill  of  rights,"  he  said,  (<  a  se- 
curity for  religion  ?  Would  the  bill  of  rights  in  this  State 
exempt  the  people  from  paying  for  the  support  of  one  particular 
sect,  if  such  sect  were  exclusively  established  by  law  ?195  If  there 
were  a  majority  of  one  sect,  the  bill  of  rights  would  be  a  poor 
protection  for  liberty.  Happily  for  the  States  they  enjoy  the 
utmost  freedom  of  religion.  This  freedom  arises  from  that  mul- 
tiplicity of  sects  which  pervade  America,  and  which  is  the  best 
and  only  security  for  religious  liberty  in  any  society.  For  where 

195  Since  the  delivery  of  this  speech,  the  bill  of  rights  has  been  decided 
to  be  a  part  of  the  Constitution  of  the  State,  and  the  question  has  lost  its 
force.  Edmund  Randolph  declared  in  this  debate  that  it  was  not  a 
part  of  the  Constitution. 


VIRGINIA    CONVENTION    OF    1788.  229 

there  is  such  a  variety  of  sects,  there  cannot  be  a  majority  of  any 
one  sect  to  oppress  and  persecute  the  rest.  Fortunately  for  this 
Commonwealth,  the  majority  of  the  people  are  decidedly  against 
any  exclusive  establishment.  I  think  it  is  so  in  the  other  States. 
There  is  not  a  shadow  of  right  in  the  general  government  to 
intermeddle  with  religion.  Its  least  interference  with  it  would 
be  a  most  flagrant  usurpation.  I  can  appeal  to  my  uniform  con- 
duct on  this  subject,  that  I  have  warmly  supported  religious 
freedom.196  It  is  better  that  this  security  should  be  depended 
upon  from  the  general  government,  than  from  one  particular 
State.  A  particular  State  might  concur  in  one  religious  project. 
But  the  United  States  abound  in  such  a  variety  of  sects,  that  it 
is  a  strong  security  against  religious  persecution,  and  is  sufficient 
to  authorize  a  conclusion  that  no  one  sect  will  ever  be  able  to 
outnumber  or  depress  the  rest."  He  animadverted  on  the  intro- 
duction of  Mr.  Jefferson's  opinions  in  debate,  and  sought  by  an 
appeal  to  the  pride  of  the  House,  couched  in  terms  as  sarcastic 
as  his  strict  sense  of  propriety  allowed  him  to  indulge,  to  impair 
the  force  of  Henry's  arguments  drawn  from  the  contents  of  the 
letter  of  that  statesman.  "  Is  it  come  to  this,  then,"  he  inquired, 
4 'that  we  are  not  to  follow  our  own  reason?  Is  it  proper  to 
introduce  the  names  of  individuals  not  within  these  walls  ?  Are 
we,  who,  in  the  honorable  gentleman's  opinion,  are  not  to  be 
governed  by  an  erring  world,  now  to  submit  to  the  opinion  of  a 
gentleman  on  the  other  side  of  the  Atlantic  ?"  He  then  most 
adroitly  quoted  the  authority  which  he  had  so  explicitly  con- 
demned as  out  of  place  in  that  hall.  "  I  am  in  some  measure 
acquainted  with  his  opinions  on  the  question  immediately  before 
the  House.  I  will  venture  to  say  that  this  clause  is  not  objected 
to  by  Mr.  Jefferson.  He  approves  of  it  because  it  enables  the 
government  to  carry  on  its  own  operations."  He  declined  to 
follow  the  gentleman  through  all  his  desultory  objections,  but 
would  recur  to  a  few  points.  He  rarely  fails  to  contradict  the 
arguments  of  those  on  his  own  side  of  the  question.  He  com- 
plains that  the  numbers  of  the  Federal  Government  will  add  to 


i%  Tm's  is  as  near  an  approach  to  his  own  personal  acts  as  Mr.  Madi- 
son ever  made.  He  drew  the  memorial  in  favor  of  religions  freedom, 
which  is  one  of  the  finest  State  papers  in  our  language.  Had  his  mod- 
esty been  less,  many  a  letter  and  State  paper  in  our  historical  literature, 
now  passing  under  the  name  of  another,  would  be  known  to  be  his. 


230  VIRGINIA    CONVENTION   OF    1788. 

the  public  expense  a  weight  too  formidable  to  be  borne,  while  he 
and  other  gentlemen  on  the  same  side  object  that  the  number  of 
representatives  is  too  small.  He  inveighs  against  the  govern- 
ment because  such  transactions .  as  require  secresy  may  be  kept 
private  ;  yet  forgets  that  that  very  part  of  the  Constitution  is 
borrowed  from  the  Confederation — the  very  system  which  the 
gentleman  advocates.  He  seeks  to  obviate  the  force  of  my 
observations  with  respect  to  concurrent  collections  of  taxes  under 
different  authorities,  and  says  there  is  no  interference  between 
parochial  and  general  taxes  because  they  irradiate  from  the  same 
centre.  Do  not  the  concurrent  collections  under  the  State  and 
general  government,  to  use  the  gentleman's  own  term,  all 
irradiate  from  the  people  at  large?  The  people  is  the  common 
superior.  The  sense  of  the  people  at  large  is  to  be  the  pre- 
dominant spring  of  their  actions.  This  is  a  sufficient  security 
against  interference.  He  observed  that  he  would  reply  to  other 
arguments  offered  by  the  gentleman  in  their  proper  places. 

The  House  then  adjourned. 

On  Friday  morning,  the  thirteenth  day  of  June,  the  people 
began  to  assemble  at  an  early  hour  in  the  new  Academy.  The 
seats  set  apart  for  spectators  \vere  soon  filled,  and  an  eager  crowd 
had  collected  about  the  windows  and  beset  the  approaches  to  the 
hall.  At  the  first  stroke  of  the  bell  which  announced  the  hour 
of  ten  every  member  was  in  his  place.  It  was  observed  that  the 
voice  of  Waugh,  as  he  read  the  collect  for  the  day,  had  a  tone 
of  more  than  usual  solemnity.  For  it  was  generally  known  that 
the  subject  of  the  navigation  of  the  Mississippi — a  subject  which 
enlisted  the  passions  equally  of  the  rich  and  the  poor,  and  was 
the  absorbing  topic  of  the  age  in  the  South — would  that  day  be 
discussed  in  a  most  imposing  form  ;  and  it  was  thought  not 
improbable  that  under  the  daring  lead  of  Henry  the  opponents 
of  the  Constitution,  who  had  suddenly  sprung  this  mine  under 
the  feet  of  its  friends,  might  seek  to  carry  their  point  by  an  imme- 
diate vote  on  the  ratification  of  that  instrument.  George  Nicho- 
las was  the  first  to  rise.  He  was  friendly  to  the  Constitution, 
and  doubtless  desired  its  success  ;  but  he  was  deeply  connected 
with  Kentucky,  whither  he  was  soon  to  remove,  and  he  was 
indisposed  from  motives  of  present  as  well  as  future  policy  to 
thwart  the  wishes  of  the  delegation  from  the  district.  He  urged 
the  Convention  either  to  proceed  according  to  their  original 


VIRGINIA   CONVENTION    OF    1788.  281 

determination  of  discussing  the  Constitution  clause  by  clause,  or 
to  rescind  that  order,  and  discuss  that  paper  at  large.  Henry 
opposed  the  policy  of  proceeding  clause  by  clause,  and  thought 
that  the  mode  of  discussion  should  be  at  large.  He  observed 
that  there  was  one  question  which  had  taken  up  much  time,  and 
he  wished  before  leaving  that  subject  that  the  transactions  of 
Congress  relative  to  the  navigation  of  the  Mississippi  should  be 
communicated  to  the  Convention,  in  order  that  the  members 
might  draw  their  conclusions  from  the  best  source.  With  this 
view  he  hoped  that  those  gentlemen  who  had  been  then  in  Con- 
gress, and  the  present  members  of  Congress  in  Convention, 
could  communicate  what  they  knew  on  the  subject.  He  declared 
that  he  did  not  wish  to  hurt  the  feelings  of  the  gentlemen  who 
had  been  in  Congress,  or  to  reflect  on  any  private  character; 
but  that  for  the  information  of  the  Convention,  he  was  desirous 
of  having  the  most  authentic  account,  and  a  faithful  statement  of 
facts.  Nicholas  assented  to  the  proposition  of  Henry.  Madison, 
who  had  at  the  commencement  of  the  session  written  his  fears  to 
Washington  that  the  topic  of  the  Mississippi  might  jeopard  the 
success  of  the  Constitution,  felt  indignant  at  the  snare  which  he 
believed  Henry  had  spread  for  his  destruction,  and  seemed  not  in- 
disposed, contrary  to  his  usual  habit,  to  construe  the  action  of  that 
individual  into  a  personal  reflection  upon  himself.  He  rose  and 
declared  that,  if  Henry  thought  that  he  had  given  an  incorrect 
account  of  the  transactions  relative  to  the  Mississippi,  he  would 
on  a  thorough  and  complete  investigation  find  himself  mistaken  ; 
that  it  had  always  been  his  opinion  that  the  policy  which  had  for 
its  object  the  relinquishment  of  that  river  was  unwise,  and  that 
the  mode  of  conducting  it  was  still  more  exceptionable.  He 
added  that  he  had  no  objection  to  have  every  light  on  the  subject 
that  could  tend  to  elucidate  it. 

The  House  then  resolved  itself  into  a  Committee  of  the  Whole, 
"more  particularly  for  the  purpose  of  receiving  information  con- 
concerning  the  transactions  of  Congress  relative  to  the  Mis- 
sissippi." Wythe  took  the  chair,  and,  on  motion,  the  acts  and 
resolutions  of  the  Assembly  relative  to  the  Mississippi  were  read. 

We  now  proceed  to  record  a  scene  which  our  fathers  were 
wont  to  rehearse  to  their  sons  in  subdued  tones,  as  if  the  crisis 
were  imminent,  which  nearly  involved  the  fate  of  the  Federal 
Constitution,  and  which,  even  at  this  day,  when  viewed  through 


232  VIRGINIA   CONVENTION   OF    1788. 

the  mirage  of  seventy  summers,  appears  one  of  the  most  intensely 
interesting  and  thrilling  scenes  in  our  history.  We  are  to  recorcf 
the  spectacle  of  a  people,  in  their  highest  sovereign  capacity, 
holding  an  inquest  into  the  conduct  of  their  representatives  on 
an  occasion  of  vital  importance  to  their  own  welfare  and  to  the 
welfare  of  their  posterity.  It  will  have  been  seen  that  the  navi- 
gation of  the  Mississippi  had  often  been  alluded  to  in  debate,  and 
had  been  discussed  at  some  length  on  both  sides  of  the  House. 
At  the  present  day,  if  we  look  to  the  West,  we  will  see  many 
young,  populous,  and  prosperous  republics,  which  feel  a  more 
direct  interest  in  that  river  than  we  can  possibly  feel ;  for  while 
we  can  only  regard  it  mainly  in  a  national  view,  they  regard  it  as 
the  source  of  daily  personal  convenience  and  profit  as  well  as  in 
its  national  aspect ;  but  it  was  far  otherwise  with  our  fathers. 
They  cherished  the  right  to  navigate  that  river  as  the  apple  of 
their  eye.  It  was  with  a  just  pride  that  they  looked  to  the 
extended  limits  of  the  State.  Often  has  the  young  Virginian, 
when  visiting  the  picturesque  seats  on  the  Thames,  told  to  won- 
dering Englishmen  how  the  eastern  frontier  of  the  great  Com- 
monwealth from  which  he  came  rested  on  the  Atlantic,  and  how 
the  western,  instead  of  being  traced,  as  now,  by  an  imaginary 
line  running  through  obscure  forests  and  over  hills  and  creeks,197 
was  bounded  by  that  majestic  stream,  whose  many  waters,  spring- 
ing from  the  recesses  of  far  distant  and  inaccessible  mountains, 
whose  base  the  foot  of  civilized  man  had  never  approached,  and 
in  their  course  of  thousands  of  miles  through  an  illimitable 
region,  into  which  the  fearless  La  Salle  had  not  ventured  to  launch 
his  canoe,  nor  the  saintly  Hennepin  to  hold  up  the  cross  of  his 
Heavenly  Master,  gathering  tributes  from  streams  vaster  than 
their  own,  flowed  past  its  entire  extent  in  their  triumphal  progress 
to  the  sea.  The  present  Commonwealth  of  Kentucky,  then  a 
district  of  Virginia,  was  divided  into  six  counties,  which,  like  the 
other  counties  of  the  State,  sent  a  delegation  of  two  members 
each  to  the  present  Convention.  To  the  prosperity,  nay,  almost 


197  The  word  "creek"  is  an  instance  of  the  truth  with  which  the 
origin  of  a  people  may  be  traced  in  their  use  of  words.  It  is  properly 
applicable  to  salt  water  cestuanes  only,  and  its  use  in  connection  with 
water-courses  a  thousand  miles  distant  from  tide,  shows  that  the  ances- 
tral stock  came  from  the  seaboard,  and,  perhaps,  from  an  island,  where 
the  word  necessarily  abounds  more  than  on  the  mainland. 


VIRGINIA    CONVENTION    OF    1788.  233 

to  the  very  existence  of  that  territory,  which  was  soon  to  become 
a  State,  the  navigation  of  the  Mississippi  was  indispensable  ;  and 
it  was  now  believed  that  the  twelve  members  from  the  district 
held  the  fate  of  the  Constitution  in  their  hands.  If  they  voted 
for  that  instrument  in  a  body,  its  ratification  was  certain  ;  and  if 
they  gave  an  united  vote  against  it,  its  rejection  was  deemed 
almost  certain.  There  were  other  contingent  interests  connected 
with  the  subject  which  were  of  grave  moment.  The  emigrants 
to  the  district  were  principally  Virginians,  the  sons  and  daughters, 
and,  in  some  cases,  the  fathers  and  mothers,  of  those  whom  they 
left  behind  in  their  quest  of  the  cheap  and  fertile  lands  of  the 
west.  There  was  another  tie  which  bound  the  people  of  Virginia 
to  the  new  land  of  promise,  even  stronger  than  that  of  consan- 
guinity. They  lived  by  agriculture  ;  and  the  wide  area  of  land, 
shelving  gradually  from  the  Blue  Ridge  to  the  ocean,  had  been 
for  nearly  two  centuries  in  cultivation,  and  had  long  ceased  to 
retain  the  virtues  of  the  virgin  soil.  While  such  was  the  case, 
with  some  exceptions,  generally,  it  was  especially  so  in  the 
country  not  far  above  tide  and  nearly  all  below  it,  a  region  of 
country  which  embraced  much  of  the  active  capital  of  the  State. 
Large  speculations  had  already  taken  place  in  western  lands,  and 
more  than  one  prominent  member  of  the  Convention  was  cast- 
ing his  eyes  to  Kentucky  as  the  future  home  of  himself  and  of 
his  posterity.  But  all  these  flattering  hopes  would  be  instantly 
blasted  with  the  loss  of  the  navigation  of  the  Mississippi.  The 
poor  man  might  indeed  build  his  cabin  in  the  district,  and  rear 
his  family  on  the  products  of  his  farm  and  from  the  chase  ;  but 
capital  there  could  find  no  employment  unless  the  proceeds  of 
labor  could  be  made  to  mingle  with  the  commerce  of  the  world. 
It  had  been  well  known  that  the  cession  of  that  river  to  Spain 
had  been  recently  under  discussion,  and  had  received  the  coun- 
tenance of  the  Secretary  of  Foreign  Affairs,  who,  it  was  said,  was 
acting  in  friendly  union  with  Guardoqui,  the  Spanish  minister. 
Rumors  only  reached  the  public  ear  ;  for,  as  the  proceedings  of 
Congress  were  secret,  no  reliable  intelligence  on  the  subject  was 
generally  known.  An  alarm  faintly  to  be  expressed  by  words 
seized  the  people  generally,  irrespective  of  their  place  of  resi- 
dence. The  Ken^'ickians  were  maddened  almost  to  desperation. 
And  it  was  plain  that  Kentucky  would  not  only  refuse  to  be  a 
party  to  a  treaty  of  cession,  but  to  acknowledge  its  obligation. 


231  VIRGINIA    CONVENTION    OF    1788. 

Fortunately,  several  of  the  members  of  Congress  were  also 
members  of  the  Convention,  and  from  them  the  true  state  of  the 
case  might  be  ascertained.  What  enhanced  the  interest  of  the 
present  occasion  was  the  belief  that  the  "six  easternmost  States" 
had  seemed  to  acquiesce  in  the  suggestion  of  Mr.  Jay,  the  Secre- 
tary of  Foreign  Affairs,  of  a  cession  of  the  river  to  Spain  for  five 
and  twenty  years;  and  that,  under  the  new  system,  as  had  been 
shown  by  Grayson,  it  was  possible  that  as  ten  members  might 
constitute  a  quorum  of  the  Senate  competent  to  make  a  treaty, 
and  as  those  ten  were  returned  by  five  States,  the  five  New  Eng- 
land States  might  seize  the  lucky  moment,  and  accomplish  the 
ruin  of  the  West.  The  subject  was  also  regarded  with  peculiar 
emotions  by  the  Convention  as  a  body.  The  friends  of  the 
Constitution  viewed  the  whole  affair  as  a  plot  deliberately  de- 
signed for  their  overthrow,  and  although  they  felt  the  deepest 
indignation,  and  knew  that,  though  they  might  lose  everything, 
they  could  not  possibly  gain  a  single  advantage,  they  were  com- 
pelled from  policy  to  assent  to  this  public  exposition.  Quite 
different  were  the  feelings  of  the  opponents  of  the  new  scheme. 
They  regarded  that  scheme  as  fraught  with  untold  evils  to  the 
country,  and  were  ready  to  avail  themselves  of  all  legitimate 
means  to  prevent  its  adoption.  The  navigation  of  the  great 
river  of  the  West  had  hung  by  a  hair,  and  the  safety  of  that 
invaluable  right  alone  was  of  sufficient  importance  to  make  or  to 
unmake  constitutions.  They  also  believed  that  not  only  was 
this  great  right  insecure,  but  that  all  the  other  great  rights  which 
society  was  formed  to  protect  were  in  peril  from  the  proposed 
scheme  of  government.  That  the  scene  might  not  lack  the 
proper  complement  in  a  solemn  public  inquisition,  Henry  acted 
as  Attorney  for  the  Commonwealth,  and  the  zeal,  the  tact,  and 
the  keenness  which  he  displayed  in  his  self-assumed  office,  made 
him  no  unmeaning  figure  in  that  exciting  drama. 

The  members  of  the  Convention  who  had  been  in  Congress 
during  the  Mississippi  affair  were  Henry  Lee  and  Madison,  who 
were  friendly  to  the  Constitution,  and  Grayson  and  Monroe,  who 
were  opposed  to  it.  It  is  probable  that  Madison,  who  was  an 
expert  parliamentarian,  had  arranged  that  Lee  should  first 
address  the  committee,  reserving  for  himself  the  closing  of  the 
discussion.  Lee  accordingly  took  the  floor. 

Of  the  appearance  of  this   brilliant  soldier  as  he  then  was,  in 


VIRGINIA    CONVENTION    OF    1788.  235 

the  prime  of  manhood,  we  have  already  spoken.  Now  there 
was  an  evident  confusion  in  his  manner.  He  disliked  the  subject, 
he  disliked  the  purposes  for  which  it  had  been  introduced,  and 
he  disliked  himself;  for  he  had  written  to  Washington  when  the 
subject  was  before  Congress,  intimating  plainly  that  he  was  not 
indisposed  to  cede  the  river  to  Spain  for  a  term  of  years.198  He 
said  a  few  words  only,  but  strongly  asserted  that  it  was  the  deter- 
mined resolution  of  Congress  not  to  give  up  that  river,  and  that 
they  earnestly  wished  to  adopt  the  best  possible  plan  of  securing 
it.  The  testimony  of  Lee  was  strictly  true,  but  it  was  the  testi- 
mony of  a  tactician,  not  of  a  statesman.  It  was  true  that  Con- 
gress did  not  intend  to  surrender  the  right  of  navigating  the 
Mississippi,  and  that  they  wished  to  secure  it  in  what  they  deemed 
the  best  possible  manner,  but  it  was  also  true  that  the  assent  of 
only  three  States  was  wanting  to  vote  the  surrender  of  the  navi- 
gation for  the  term  of  twenty-five  years — a  period  at  the  expira- 
tion of  which  half  the  present  population  of  the  globe  would  be 
in  their  graves. 

Monroe,  who  was  two  years  younger  than  Lee,  having  just  en- 
tered his  thirtieth  year,  and  who  well  deserved  the  compliment 
of  honest  and  brave  which  Mr.  Jefferson  had  paid  him,  was  called 
upon  to  speak.  He  said  he  had  heretofore  preserved  silence  on 
the  subject,  and,  although  he  acknowledged  his  duty  to  obey  the 
wishes  of  the  General  Assembly,  that  body  had  relieved  him,  at 
his  request,  from  the  necessity  of  making  any  disclosure.  The 
right  of  the  Convention  was  even  paramount  to  that  of  the  As- 
sembly ;  but  he  wished  it  had  not  been  exercised  by  going  into 
committee  for  that  purpose.  He  objected  to  the  partial  repre- 
sentations which  had  been  made  in  debate  as  likely  to  lead  into 
error.  The  policy  of  Virginia  in  respect  of  the  navigation  of  the 
Mississippi  had  always  been  the  same.  It  is  true  that  at  a  se- 
vere crisis  she  had  agreed  to  surrender  the  navigation  ;  but  it 
was  at  a  time  when  the  Southern  States  were  overrun  and  in 
possession  of  the  enemy.  Georgia  and  South  Carolina  were 
prostrate.  North  Carolina  made  but  a  feeble  resistance.  Vir- 
ginia was  then  greatly  harassed  by  the  enemy  in  force  in  the 
heart  of  the  country,  and  by  impressments  for  her  own  defence 
and  for  the  defence  of  other  States.  The  finances  of  the  Union 

198  Sparks'  Washington  Correspondence,  IV,  137. 


236  VIRGINIA  .CONVENTION    OF    1788. 

were  totally  exhausted,  and  France,  our  ally,  was  anxious  for 
peace.  The  object  of  the  cession  was  to  unite  Spain  in  the  war 
with  all  her  forces,  and  thus  bring  the  contest  to  a  happy  and 
speedy  conclusion.  Congress  had  learned  from  our  minister  at 
the  Spanish  court  that  our  Western  settlements  were  viewed  with 
jealousy  by  Spain.  All  inferior  objects  must  yield  to  the  safety 
of  society  itself.  Congress  passed  an  act  authorizing  the  ces- 
sion, and  our  minister  at  the  court  of  Spain  was  authorized  to 
relinquish  this  invaluable  right  to  that  power  on  the  condition 
already  stated.  But  what  was  the  issue  of  this  proposition  ? 
Was  any  treaty  made  with  Spain  that  obtained  an  acknowledg- 
ment of  our  independence,  although  she  was  then  at  war  with 
England,  and  such  acknowledgment  would  have  cost  her  noth- 
ing? Was  a  loan  of  money  accomplished?  In  short,  does  it 
appear  that  Spain  herself  thought  it  an  object  of  any  import- 
ance? So  soon  as  the  war  was  ended,  this  resolution  was  re- 
scinded. The  power  to  make  such  a  treaty  was  revoked.  So 
that  this  system  of  policy  was  departed  from  only  for  a  short 
time,  for  the  most  important  object  that  can  be  conceived,  and 
resumed  again  as  soon  as  it  possibly  could  be. 

After  the  peace,  continued  Monroe,  Congress  appointed  three 
commissioners  to  make  commercial  treaties  with  foreign  powers, 
Spain  inclusive ;  so  that  an  arrangement  for  a  treaty  with  Spain 
had  been  already  taken.  While  these  powers  were  in  force,  a 
representative  from  Spain  arrived,  who  was  authorized  to  treat 
with  the  United  States  on  the  interfering  claims  of  the  two  na- 
tions respecting  the  Mississippi,  and  the  boundaries  and  other 
concerns  in  which  they  were  respectively  interested.  A  similar 
commission  was  given  to  the  honorable  the  Secretary  of  Foreign 
Affairs  on  the  part  of  the  United  States,  with  these  ultimata  :  That 
he  enter  into  no  treaty,  compact,  or  convention  whatever,  with  the 
said  representative  of  Spain  which  did  not  stipulate  our  right  to 
the  navigation  of  the  Mississippi,  and  the  boundaries  as  estab- 
lished in  our  treaty  with  Great  Britain.  Thus  the  late  negotia- 
tion commenced  under  the  most  flattering  auspices.  Was  it  not 
presumable  that  she  intended,  from  various  circumstances,  to 
make  a  merit  of  her  concession  to  our  wishes?  But  what  was 
the  issue  of  this  negotiation?  Eight  or  ten  months  elapsed  with- 
out any  communication  of  its  progress  to  Congress,  when  a  let- 
ter was  received  from  the  Secretary,  stating  that  difficulties  had 


VIRGINIA    CONVENTION    OF    1788.  237 

arisen  in  his  negotiation  with  the  representative  of  Spain,  which, 
in  his  opinion,  should  be  so  managed  as  that  even  their  existence 
should  remain  a  secret  for  the  present,  and  proposing  that  a 
committee  be  appointed  with  full  power  to  direct  and  instruct 
him  in  every  case  relative  to  the  proposed  treaty.  As  the  only 
ultimata  in  his  instructions  respected  the  Mississippi  and  the 
boundaries,  it  readily  occurred  that  these  occasioned  the  difficul- 
ties alluded  to,  and  were  those  which  he  wished  to  remove.  And 
for  many  reasons,  said  Monroe,  this  appeared  to  me  an  extra- 
ordinary proposition.  By  the  Articles  of  Confederation,  nine 
States  are  necessary  to  enter  into  treaties.  The  instruction  is 
the  foundation  of  the  treaty ;  for  if  it  is  formed  agreeably  thereto, 
good  faith  requires  that  it  be  ratified.  The  instructions  under 
which  our  commercial  treaties  have  been  made  were  carried  by 
nine  States.  Those  under  which  the  Secretary  now  acted  were 
passed  by  nine  States.  The  proposition  then  would  be,  that  the 
powers,  which,  under  the  Constitution,  nine  States  only  were 
competent  to  exercise,  should  be  transferred  to  a  committee,  and 
that  the  object  of  the  transfer  was  to  disengage  the  Secretary 
from  the  ultimata  in  his  existing  instructions.  In  this  light  the 
subject  was  taken  up,  and  on  these  principles  discussed.  The 
Secretary,  Mr.  Jay,  summoned  before  Congress  to  explain  the 
difficulties  mentioned  in  his  letter,  presented  the  project  of  a 
treaty  of  commerce  containing,  as  he  supposed,  advantageous 
commercial  stipulations  in  our  favor,  in  consideration  of  which 
we  were  to  contract  to  forbear  the  use  of  the  navigation  of  the 
Mississippi  for  the  term  of  twenty-five  or  thirty  years  ;  and  he 
earnestly  advised  the  adoption  of  it  by  Congress.  The  subject 
now  took  a  decided  form.  All  ambiguity  was  at  an  end.  We 
were  surprised  that  he  had  taken  up  the  subject  of  commerce  at 
all.  We  were  still  more  surprised  that  it  should  form  the  prin- 
cipal object  of  the  project,  and  that  a  partial  or  temporary  sacri- 
fice of  the  very  interest,  for  the  advancement  of  which  the  nego- 
tiation was  set  on  foot,  should  be  the  consideration  to  be  given  for 
it.  The  Secretary  urged  that  it  was  necessary  to  stand  well  with 
Spain ;  that  the  commercial  project  was  highly  beneficial ;  that  a 
stipulation  to  forbear  the  use,  contained  an  acknowledgment  on 
the  part  of  Spain  of  our  right ;  that  we  were  in  no  condition  to 
take  the  river,  and  therefore  gave  nothing  for  it ;  and  for  other 
reasons.  We  differed  with  the  Secretary  almost  in  every  respect. 


238  VIRGINIA   CONVENTION    OF    1788. 

We  wished  to  stand  well  with  Spain,  but  wished  to  accomplish 
that  end  on  equal  terms.  We  considered  the  stipulation  to  for- 
bear the  use  as  a  species  of  barter  unbecoming  the  magnanimity 
and  candor  of  a  nation,  and  as  setting  a  precedent  which  might 
be  applied  to  the  Potomac,  the  Hudson,  or  the  Chesapeake. 
We  thought  that  there  was  a  material  distinction  between  a  stipu- 
lation to  forbear  the  use,  and  an  inability  to  open  the  river.  The 
first  would  be  considered  by  the  inhabitants  of  the  Western  coun- 
try as  an  act  of  hostility  ;  the  last  might  be  justified  by  our 
weakness.  And  with  respect  to  the  commercial  part  of  the  pro- 
ject, we  really  thought  it  an  ill-advised  one  on  its  own  merits 
solely.  The  subject  was  referred  to  a  Committee  of  the  Whole. 
The  delegates  from  the  seven  easternmost  States  voted  that  the 
ultimata  in  the  instructions  of  the  Secretary  should  be  repealed  ; 
which  was  reported  to  the  House,  and  entered  on  the  Journal  by 
the  Secretary  of  Congress,  as  affirming  the  fact  that  the  question 
was  carried.  Upon  this  entry  a  constitutional  question  arose  to 
this  effect :  nine  States  being  necessary,  according  to  the  Arti- 
cles of  Confederation,  to  give  an  instruction,  and  seven  having 
repealed  a  part  of  an  instruction  so  given  for  the  formation  of  a 
treaty  with  a  foreign  power,  so  as  to  alter  its  import  and  autho- 
rize, under  the  remaining  part  thereof,  the  formation  of  a  treaty 
on  principles  altogether  different  from  what  the  original  instruc- 
tion contemplated,  can  such  remaining  part  be  considered  as  in 
force  and  constitutionally  obligatory?  We  pressed  on  Congress 
for  a  decision  on  this  point  often,  but  we  pressed  in  vain.  Not- 
withstanding this,  I  understood,  said  Monroe,  that  it  was  the 
intention  of  the  Secretary  to  proceed  and  conclude  a  treaty  in 
conformity  with  his  project  with  the  Spanish  minister.  At 
this  stage  I  left  Congress.  "I  thought  it  my  duty,"  he  said, 
"  to  use  every  exertion  in  Congress  for  the  interest  of  the 
Southern  States.  With  many  of  those  gentlemen  to  whom 
I  always  considered  it  my  particular  misfortune  to  be  opposed, 
I  am  now  in  habits  of  correspondence  and  friendship  ;  and  I 
am  concerned  for  the  necessity  which  has  given  birth  to  this 
relation.  Whether  the  delegates  of  those  States  spoke  the  lan- 
guage of  their  constituents  ;  whether  it  may  be  considered  as  the 
permanent  interest  of  those  States  to  depress  the  growth  and 
increasing  population  of  the  Western  country,  are  points  which  I 
cannot  pretend  to  determine."  He  concluded  with  the  expres- 


VIRGINIA   CONVENTION    OF    1788.  239 

sion  of  the  opinion  that  the  interest  of  the  Western  country  would 
not  be  as  secure  under  the  proposed  Constitution  as  under  the 
Confederation ;  because  under  the  latter  system  the  Mississippi 
could  not  be  relinquished  without  the  consent  of  nine  States  ; 
whereas  by  the  former  a  majority  of  seven  States  could  yield  it. 
His  own  opinion  was  that  it  would  be  given  up  by  a  majority  of 
the  senators  present  in  the  Senate,  with  the  president,  which 
would  put  it  in  the  power  of  less  than  seven  States  to  surrender 
it ;  that  the  Northern  States  were  inclined  to  yield  it ;  that  it  was 
their  interest  to  prevent  an  augmentation  of  Southern  influence 
and  power ;  and  that,  as  mankind  in  general,  and  States  in  par- 
ticular, were  governed  by  interest,  the  Northern  States  would 
not  fail  of  availing  themselves  of  the  opportunity  afforded  by. 
the  Constitution  of  relinquishing  that  river  in  order  to  depress 
the  Western  country,  and  prevent  the  Southern  interest  from 
preponderating. 

Now,  little  did  Monroe  reflect,  as  that  august  assembly  was 
eagerly  watching  every  word  that  fell  from  his  lips,  how  vain  in 
respect  of  the  future  is  the  wisdom  of  the  wise,  and  how  rarely 
the  vaticinations  of  politicians,  founded  on  the  most  subtle  pro- 
cesses of  logical  deduction,  are  fulfilled !  How  little  did  he  dream 
that  in  a  few  short  years  Spain  should,  in  an  agony  of  terror, 
cede  her  dearly  cherished  province  of  Louisiana  with  all  its 
appendages  to  France  ;  that  in  less  than  fourteen  years  from 
the  time  when  he  was  speaking,  not  only  the  right  of  navigating 
the  Mississippi  should  be  acquired  by  the  United  States,  but 
the  exclusive  title  to  the  river  itself;  and  not  only  the  exclu- 
sive title  to  the  river  itself,  but  the  exclusive  title  to  the  superb 
realm  drained  by  its  waters  ;  that  the  beneficent  treaty  which 
was  to  accomplish  such  results,  which  was  to  settle  so  many 
dangerous  disputes,  and  which  was  destined  to  confer  upon 
untold  generations  the  choicest  blessings  of  heaven,  should  be 
mainly  negotiated  by  himself,  and  should  be  ratified  by  a  con- 
stitutional majority  of  that  Senate  which  he  now  viewed  with 
such  stern  distrust ;  that,  before  the  expiration  of  the  term 
stipulated  by  Mr.  Jay,  he  should  preside  in  the  Federal  Govern- 
ment, and  that  he  should,  in  a  heedless  moment,  in  a  time  of  pro- 
found peace,  and  when  surrounded  by  a  Southern  cabinet,199 

199  Mr.  Monroe's  cabinet  consisted  of  Mr.  Adams  of  Massachusetts  ; 
Mr.  Crawford,  of  Georgia  ;  Mr.  Calhoun,  of  South  Carolina ;  Mr. 


240  VIRGINIA. CONVENTION    OF    178.8. 

virtually  cede  to  Spain  a  vast  and  fertile  dominion  of  the  South, 
which  a  succeeding  generation,  at  the  sacrifice  of  thousands  of 
valuable  lives  and  of  more  millions  than  made  up  the  debt  of  the 
Revolution,  should  recover;  but  not  until  an  infant  then  puling 
in  the  nurse's  arms  in  an  humble  homestead  in  Orange  (General 
Zachary  Taylor)  had  won  a  series  of  dazzling  victories  on  the 
soil  of  the  enemy,  and  not  until  another  Virginia  boy,  then  run- 
ning barefoot  on  a  farm  in  Dinwiddie  (General  Winfield  Scott), 
had  landed,  from  the  decks  of  ships  which  had  already  won  dis- 
tinction in  contests  with  the  ships  of  the  greatest  naval  power  of 
the  globe,  his  brilliant  battalions  on  the  hostile  shore,  and,  mark- 
ing his  encampments  by  battles,  and  his  battles  by  victories, 
should  close  his  campaign  by  unfurling  in  the  proud  capital  of 
the  enemy,  above  those  gorgeous  structures  from  which  the  once 
terrible  lions  of  Spain  had  for  two  centuries  bade  defiance  to  the 
world,  the  standard  of  his  country. 

The  speech  of  Monroe  was  well  received.  It  made  upon  the 
House  a  strong  impression,  which  was  heightened  by  the  modesty 
of  his  demeanor,  by  the  sincerity  which  was  reflected  from  every 
feature  of  his  honest  face,  and  by  the  minute  knowledge  which 
he  exhibited  of  a  historical  transaction  of  surpassing  interest  to 
the  South.  But  if  the  impression  was  felt  by  the  members  gen- 
erally, it  was  felt  most  keenly  by  those  who  were  anxious  about 
the  sales  of  their  crops  and  for  the  prosperity  of  their  families. 
The  members  from  the  West  were  furious.  They  had  just  learned 
for  the  first  time  the  imminent  hazard  to  which  their  most  valued 
privilege  had  been  exposed,200  and  they  did  not  conceal  their 
indignation.  And  that  indignation  was  neither  unbecoming  nor 
uncalled  for.  That  a  Secretary  of  State,  instructed  strictly  to 
negotiate  a  treaty  for  the  security  of  an  object  of  vital  importance 
to  the  South  and  West,  should  lose  sight  of  that  object  altogether 


Thompson,  of  New  York;  and  Mr.  Wirt,  of  Virginia,  as  attorney-gen- 
eral ;  including  Mr.  Monroe  himself,  it  was  a  strong  Southern  adminis- 
tration. 


200  jn  jygg  information  traveled  slowly.  In  fact,  the  intelligence 
divulged  by  Monroe,  in  compliance  with  the  wishes  of  the  Convention, 
could  have  been  known  but  to  few.  Humphrey  Marshall  saw  the 
numbers  of  The  Federalist  for  the  first  time  in  the  hands  of  George 
Nicholas,  whom  he  fell  in  with  on  his  way  from  Kentucky  to  attend  the 
present  Convention.  —  Butler  's  History  of  Kentucky,  167. 


VIRGINIA   CONVENTION    OF    1788.  241 

and  propose  a  treaty  relating  to  an  object  of  lesser  importance, 
which  was  beyond  his  powers,  and  which,  insignificant  and  value- 
less in  itself,  could  only  be  obtained  by  a  sacrifice  of  the  invalua- 
ble rights  which  he  was  expressly  instructed  to  secure,  and  that 
such  a  project  should  be  sanctioned  by  seven  Eastern  States  in 
direct  contravention  of  the  Articles  of  Confederation,  might  well 
arouse  the  astonishment  and  anger  of  the  West.  Nor  was  the 
time  of  danger  past.  The  treaty  may  have  been  already  made, 
and  might  then  be  on  its  way  to  Spain. 

The  alarm  thus  raised  soon  extended  to  the  new  Constitution. 
For  it  was  plain  that  the  seven  States  which  had  so  recently  voted 
to  cede  the  right  of  navigating  the  Mississippi,  and  which  might 
be  supposed  to  retain  their  opinions  unchanged,  would  certainly 
constitute  a  majority  of  the  new  Senate  if  every  member  was  in 
his  seat,  and  might  at  some  unexpected  moment  and  in  a  thin 
house,  accomplish  by  a  vote  of  two-thirds  of  a  quorum  their 
decided  purpose.  Such  was  the  excitement  in  the  Convention 
that  men  whose  opinions  were  entitled  to  respect  declared  after- 
wards that,  if  the  final  vote  on  the  Constitution  had  then  been 
pressed,  that  instrument  would  have  been  lost  by  a  majority  fully 
as  large  as  that  which  ultimately  adopted  it. 

Grayson  rose  next  to  give  his  testimony  in  the  case.  In  age, 
in  eloquence,  and  in  breadth  of  statesmanship,  he  stood  nearly 
in  the  same  relation  to  Monroe,  to  Lee,  and  to  Madison,  that  in 
a  body  which  sat  forty  years  later  in  this  city  Watkins  Leigh 
and  Chapman  Johnson  stood  to  Dromgoole,  to  Goode,  to  Mason 
of  Southampton,  to  Mason  of  Frederick,  to  Miller  of  Botetourt, 
and  to  Moore  of  Rockbridge.  He  said  that,  like  Monroe,  he 
felt  a  delicacy  in  disclosing  what  had  occurred  in  secret  session  ; 
but  he  declared  that  he  had  protested  against  the  injunction  of 
secrecy  on  a  great  constitutional  question.  He  coincided  in  the 
statement  just  made,  and  said  that  Spain  claimed  not  only  the 
absolute  and  exclusive  navigation  of  the  Mississippi,  but  one-half 
of  the  State  of  Georgia  and  one-half  of  the  district  of  Kentucky  ; 
and  that  this  was  the  reason  of  the  limitation  imposed  on  the 
Secretary  relative  to  the  boundaries  recognized  in  our  treaty 
with  Great  Britain.  He  said  that  the  Southern  States  were 
opposed  to  a  surrender  of  the  Mississippi  ;  that  the  Northern 
States  were  once  opposed  to  give  it  up,  but  that  was  when  they 
were  apprehensive  about  their  fisheries,  on  which  their  very 

16 


242  VIRGINIA    CONVENTION    OF    1788. 

existence  depended,  and  regarding  the  Mississippi  as  a  counter- 
poise to  the  fisheries,  they  apprehended  that,  if  the  Mississippi 
were  given  up,  the  fisheries  might  also  be  relinquished  ;  that  the 
fisheries  were  now  secure,  and  the  result  was  that  the  seven 
easternmost  States  had  resolved  to  release  Mr.  Jay  from  the  fetters 
which  had  been  imposed  upon  him  by  the  constitutional  majority 
of  nine  States  ;  that  this  determination  had  been  communicated 
to  Mr.  Jay  for  his  guidance  in  forming  a  treaty  with  the  Spanish 
minister  ;  that  this  instruction  violated  the  express  injunction  of 
the  Constitution,  which  required  nine  States  to  make  a  treaty. 
Adhere  to  the  limitations  imposed  upon  Mr.  Jay,  and  Georgia 
was  safe,  Kentucky  was  safe,  the  Mississippi  was  safe,  the  Con- 
stitution was  safe  ;  depart  from  them,  and  the  most  precious 
rights  and  privileges  of  the  South  are  at  his  mercy.  He  said 
that,  as  the  instructions  to  Mr.  Jay  were  the  foundation  and  sub- 
stance of  the  treaty,  any  compact  which  that  gentleman  might 
make  with  the  Spanish  minister  would,  if  not  ratified  by  Congress, 
give  Spain  just  cause  of  war  ;  so  that  we  would  be  involved  in 
the  dilemma  of  violating  the  Constitution  by  a  compliance  with 
it,  or,  in  case  of  a  non-compliance,  of  incurring  the  risks  of  war 
with  that  power.  The  South  also  contended  that  it  had  no  right 
to  dismember  the  empire,  or  relinquish  to  a  foreign  power  the 
exclusive  navigation  of  our  rivers.  He  said  that  Maryland  had 
coincided  with  the  North.  He  again  reverted  to  the  reluctance 
which  the  Eastern  States  had  at  one  time  evinced  toward  surren- 
dering the  Mississippi,  and  said  that,  when  their  apprehensions 
were  removed,  the  natural  instinct  of  interest  revived,  and  they 
became  solicitous  of  securing  a  superiority  of  influence  in  the 
national  councils.  Their  language,  he  said,  was  this  :  "  Let  us 
prevent  any  new  States  from  rising  in  the  Western  world,  or  they 
will  outvote  us.  We  will  lose  our  importance,  and  become  as 
nothing  in  the  scale  of  nations.  If  we  do  not  prevent  it,  our 
countrymen  will  remove  to  those  places  instead  of  going  to  sea, 
and  we  will  receive  no  particular  tribute  or  advantage  from 
them"™1  When  he  had  expressed  his  opinions  at  length,  he 
said  that  whether  this  great  interest  would  be  safe  under  the 
new  Constitution  he  left  it  to  others  to  determine.  It  certainly 
was  not  safe  under  the  present,  though  more  so  than  under  the 
one  proposed  for  their  adoption. 

201  The  language  and  the  italics  of  the  quotation  are  Grayson's. 


VIRGINIA   CONVENTION    OF    1788.  243 

When  Grayson  ended,  Henry  rose  to  request  Monroe  to  dis- 
cover the  rest  of  the  project,  and  to  inform  the  House  what  Spain 
was  to  do  on  her  part  as  as  an  equivalent  for  the  cession  of  the 
Mississippi.  Monroe  replied  that  the  equivalent  was  the  advan- 
tages of  commercial  intercourse  ;  but  that  Spain  conceded  nothing 
more  in  fact  than  was  granted  to  other  nations  trading  with  her. 
When  Monroe  expressed  this  opinion,  it  is  said  that  an  expression 
of  astonishment  was  visible  on  the  faces  of  the  members. 

It  was  at  this  culminating  point  of  the  discussion  that  Madi- 
son, then  in  his  thirty-seventh  year,  and  in  the  full  possession  of 
those  admirable  powers  of  debate,  which,  unused  and  unob- 
served for  more  than  the  third  of  a  century  before  his  death,  have 
been  almost  forgotten  in  the  contemplation  of  the  subsequent 
titles  that  he  acquired  to  the  grateful  remembrance  of  his  coun- 
try, was  called  to  the  floor.  He  could  not  well  have  been  placed 
in  a  more  unpleasant  predicament.  It  was  impossible  to  defend, 
directly  and  unequivocally,  the  action  of  Congress.  No  speaker 
who  would  rise  and  approve  the  deliberate  instruction  of  seven 
Eastern  States  to  dismember  the  half  of  Georgia  and  the  half  of 
Kentucky,  and  to  cede  with  the  territory  of  those  States  the 
absolute  and  exclusive  navigation  of  the  Mississippi,  without  an 
equivalent,  to  a  foreign  power,  could  expect  for  an  instant  the 
favorable  ear  of  a  Southern  assembly.  Yet  some  defence  was 
required  at  his  hands.  The  new  Constitution  was  in  imminent 
jeopardy.  It  is  evident  from  his  remarks  which  have  come  down 
to  us,  that  he  was  much  discomposed.  He  could  neither  conceal 
the  whole  truth  nor  tell  the  whole  truth  without  inflicting  equal 
injury  upon  the  cause  which  he  had  so  much  at  heart.  If  he 
concealed  any  part  of  the  truth,  there  were  Grayson  and  Monroe 
to  refresh  his  memory ;  if  he  told  the  whole  truth,  he  would 
sustain  by  his  own  authority  the  truth  of  as  palpable  an  outrage 
as  was  ever  aimed  at  the  liberties  of  a  free  people.  But  it  is  on 
such  occasions  that  the  man  of  genius  appears  in  strong  contrast 
with  the  mere  man  of  words,  however  dexterously  he  may  use 
them  in  common  emergencies.  What  disarranged  him  the  more 
was  the  belief  and  certain  knowledge  that  the  whole  scene  had 
been  conjured  up  by  Henry  to  effect  the  ruin  of  the  new  Consti- 
tution, and  it  was  with  emotions  bordering  on  disgust  that  he 
found  himself  compelled  to  contribute  his  share  to  the  entertain- 
ment. As,  in  the  early  part  of  the  day,  he  was  disposed  to  inter- 


244  VIRGINIA*  CONVENTION    OF    1788. 

pret  the  conduct  of  Henry  in  seeking  a  full  disclosure  of  the  sub- 
ject as,  in  some  measure,  personal  to  himself,  so  he  now  reflected 
upon  the  action  of  the  House  in  a  way  that  might  have  led  to 
a  call  to  order.  He  said  it  was  extremely  disagreeable  to  him 
to  enter  into  a  discussion  which  was  foreign  to  the  deliberations 
of  the  House,  and  which  would  sully  the  reputation  of  our  pub- 
lic councils.  He  admitted  the  facts  as  stated  by  the  gentlemen 
who  had  preceded  him,  but  he  differed  about  the  principles  in- 
volved in  them.  He  declared  that  he  never  approved  the  ces- 
sion ;  that  neither  the  Confederation  nor  the  proposed  Constitu- 
tion gave  a  right  to  surrender  the  Mississippi  ;  that  such  a  sur- 
render was  repugnant  to  the  laws  of  nations ;  paid  a  glowing 
compliment  to  the  virtues  and  talents  of  Mr.  Jay  ;  and  demon- 
strated that,  whatever  may  have  been  the  opinions  of  their  rep- 
resentatives at  a  particular  time  on  the  subject,  it  was  the  per- 
manent interest  of  the  Northern  States,  which  were  the  carriers 
of  our  produce,  to  sustain  the  navigation  of  the  Mississippi;  that 
it  would  be  unwise  to  argue  that,  as  the  South  had  at  one  time 
assented  to  the  cession  and  changed  its  opinion,  the  North 
might  not  do  the  same ;  and  spread  such  an  ingenious  net- work 
of  argument  and  opinion  over  the  glaring  facts  of  the  case  as  in 
some  degree  to  conceal  its  deformity.  He  ended  by  saying  that 
there  were  circumstances  within  his  knowledge  which  rendered  it 
certain  that  no  effort  would  be  made  hereafter  unfavorable  to  the 
navigation  of  the  Mississippi.  His  speech,  even  in  its  present 
form,  is  an  exquisite  specimen  of  the  tact  and  skill  with  which  an 
eminent  statesman,  wielding  the  while  with  extraordinary  judg- 
ment the  weapons  of  a  debater,  may  appear  to  walk  steadily 
over  ground  that  was  quaking  beneath  him. 

As  soon  as  Madison  took  his  seat  Grayson  appeared  on  the 
floor.  He  instantly  reverted  to  the  considerations  which  Madi- 
son did  not  think  proper  to  disclose  to  the  House,  stated  by  way 
of  supposition  what  they  were,  and  sought  by  a  detail  of  facts 
and  by  general  reasoning  to  demonstrate  that  no  reliance  could 
be  placed  upon  them.  He  followed  Madison  step  by  step,  and 
assailed  his  reasoning  in  a  speech  which,  by  its  statesmanlike 
views  of  domestic  policy,  by  the  fervor  of  its  declamation,  and 
by  the  force  of  its  logic,  was  one  of  the  most  fascinating  exhibi- 
tions of  the  day.  Madison,  as  if  disinclined  to  protract  the  dis- 
cussion, made  no  reply. 


VIRGINIA   CONVENTION    OF    1788.  245 

Henry  then  spoke.  A  more  appropriate  time  for  the  display 
of  his  peculiar  powers  could  not  be  desired.  The  occasion,  the 
theme,  the  immeasurable  issues  which  might  be  swayed  by  the 
deliberations  of  a  single  day,  threw  such  an  inspiration  over  his 
genius  that  he  seemed  to  be  wrapt  into  a  higher  sphere,  and 
his  lips  appeared  to  glow  as  if  touched  with  the  coals  from  the 
altar.  The  leading  facts  of  a  great  question  of  national  policy 
were  before  him,  and  it  was  his  duty  to  press  them  upon  the 
hearts  of  his  audience.  He  began  by  throwing  the  responsi- 
bility of  the  discussion  on  Madison,  who  had  gone  at  large  into 
the  subject,  and,  following  for  a  time  his  train  of  argument, 
threw  himself  on  his  own  inexhaustible  resources.  Elderly  men, 
who  had  heard  his  most  eloquent  speeches,  and  who  pronounced 
his  speech  on  this  occasion  one  of  the  most  eloquent  of  all, 
delighted  to  recall  the  lineaments  of  two  pictures  which  he  drew 
with  a  master's  hand.  One  described  the  great  valley  of  the 
Mississippi  as  stretching  from  the  Alleghanies  to  the  nameless 
mountains  of  the  distant  West,  as  teeming  with  a  mighty  popu- 
lation, cultivated  farms,  thriving  villages,  towns,  cities,  colleges, 
and  churches,  filling  the  vision  in  every  direction — the  Missis- 
sippi covered  with  ships  laden  with  foreign  and  domestic  wealth — 
the  West  the  strength,  the  pride,  and  the  flower  of  the  Confed- 
eracy. Such  would  be  the  valley  of  the  West  with  a  free  navi- 
gation of  the  Mississippi,  and  under  a  Federal  system.  The 
other  picture  was  a  reverse  of  the  scene,  and  presented  a  pros- 
pect of  unalloyed  calamity.  The  Mississippi  no  longer  alive 
with  ships — its  unburdened  waters  flowing  idly  to  the  sea — no 
villages,  no  towns,  no  cities,  no  schools,  no  churches,  no  culti- 
vated plains  ;  the  original  solitude  of  the  forest  unbroken,  save 
here  and  there  by  the  rude  hut  of  the  outlaw  ;  capital  flying 
from  a  land  where  it  would  turn  to  dross.  Such  would  be  the 
West  with  the  loss  of  the  Mississippi,  and  under  a  consolidated 
government  to  be  controlled  by  those  who  had  no  interest  in  its 
welfare.  The  reported  speech  is  more  argumentative  than  elo- 
quent ;  but  it  is  plain  that  the  reporter  rarely  was  able  to  do 
more  than  record  the  main  points  made  by  the  speaker. 

At  the  close  of  the  speech  there  was  a  pause  in  the  House.! 
No  Federalist  seemed  willing  to  engage  in  the  discussion.     It  is  (• 
said  that  Pendleton,   who  was  in  the  body  of  the   House,   his 
right  hand  clenching  his  crutch,  sat  silent  and  amazed.      He 


246  VIRGINIA  .CONVENTION    OF    1788. 

felt  that  moment  more  keenly  the  spell  of  Henry's  genius  than 
when,  in  the  House  of  Burgesses  in  1765,  he  heard  him  defy 
the  king,  or  when,  in  the  Convention  of  1775,  he  heard  him  ex- 
claim "  Give  me  liberty,  or  give  me  death." 

It  was  at  this  fearful  moment  that  there  rose  to  address  the 
House  one  of  those  remarkable  men  of  whom  the  Revolution 
was  prolific,  and  who  had  nearly  changed   the  fortunes  of  the 
hour.     He  appeared  to  be  about  the  middle  stature,  thick  and 
broad  ;  and  though  only  in  his  thirty-fifth  year,  his  head  was  so 
bald  as  to  suggest  the  impression  that  in  some  fierce  Indian  foray 
he  had  forfeited  his  scalp.     In  his  features  and  in  his  demeanor 
there  was  nothing  imposing.     His  voice  was  the  voice  of  a  man 
accustomed  to  address  popular  assemblies,  but  was  to  be  noted 
neither  for  its   power  nor   its  sweetness.     His   influence  lay  in 
another  direction.      He  had   mingled  freely   with  all  classes  of 
society,  and  was  as  familiar  with  the  camp  and  the  court-green 
as  if  his  feet  had  never  pressed  the  carpets  of  "  Westover,"  or  his 
lips  had   never   been  moistened  with  the  mellow  wine  from  the 
vaults  of  "  Brandon  "  or  of  "  Shirley."      He  was  one  of  that  bril- 
liant group  of  soldier-statesmen  who  had  caught  their  inspiration 
and  their  love  of  country  from  the  lips  of  Wythe.     At  the  bar,  to 
the  front  rank  of  which  he  had  risen,  his  tact  and  knowledge  of 
mankind  availed  himself  as  much,  if  not  more,  than  his  learning, 
which  he  had  drawn  mainly  from  Blackstone,  whose  commenta- 
ries had  already  superceded  the  elder  writers  of  the  law,  and  had 
been  for  the  past  eighteen  years  in  the  hands  of  every  educated 
Virginian.      He  entered  the  House  of  Delegates  in  early   life, 
and  soon  became  one  of  the  leaders  of  the  body.     He  was  utterly 
fearless.      He  shrunk  from  no  duty,   and  in  the  midst  of  a  civil 
war  he  sought   to  subject  to  an  impeachment  a  statesman  who 
was   the  second   Governor  of  Virginia,    and   whose   name   now 
stands,  and  will  stand  forever,  second  only  to  that  of  Washington. 
He  bore  a  name  illustrious  in  the  annals  of  the  Colony  and  of  the 
Commonwealth  ;  but  George  Nicholas  had  a  genius  of  his  own 
which  needed  no  hereditary  endorsement,  and  was  ample  enough 
to  sustain  him  in  any  sphere,  military  or  civil,  which  might  suit 
his  fancy.     Soon  after  the  separation  of  Kentucky  from  Virginia 
he  emigrated  to  the  new  Commonwealth,  where  he  succeeded  in 
attaining  the  same  elevated  position  which  he  held  at  home,  and 
blended  his  name  inseparably  with  the  early  history  of  that  State. 


VIRGINIA    CONVENTION   OF    1788.  247 

His  influence  in  his  native  State  and  in  the  State  of  his  adoption 
is  felt  to  this  day.  He  possessed  great  tact  in  the  management 
of  public  bodies,  and  had  already  participated  with  great  ability  in 
the  debates  of  the  body.  He  saw  at  a  glance  that  the  fate  of  the 
Constitution  might  depend  upon  the  results  of  that  day's  session. 
He  well  knew  that  if  the  Kentucky  delegation  voted  against  the 
Constitution,  and  was  joined  by  a  single  county  on  the  Western 
waters,  the  fate  of  that  instrument  was  sealed.  He  instantly 
decided  on  his  plan  of  attack.  He  saw  that  all  explanations  and 
apologies  were  idle.  He  determined,  instead  of  resting  on  the 
defensive,  to  push  into  the  ranks  of  the  enemy,  and  make  a 
desperate  effort  to  retrieve  the  fortunes  of  the  day.  He  said  that 
the  statements  which  he  had  heard  that  day  had  filled  him  with 
astonishment  A  great,  an  inestimable  right,  the  right  of  navi- 
gating the  Mississippi,  which  was  necessary,  which  was  indispen- 
sable to  the  development  of  the  resources  of  that  fertile  region 
and  to  the  prosperity  of  the  South,  had  nearly  been  sacrificed. 
It  was  in  this  strain  that  he  continued  until  he  had  disarmed  sus- 
picion and  had  gained  the  sympathy  of  a  majority  of  the  House, 
when,  turning  suddenly  to  Henry,  he  exclaimed,  By  whom  was 
this  fearful  act  contemplated?  By  the  gentleman's  favorite  Con- 
federation. Would  gentlemen  dare  to  say  that  this  was  an 
argument  which  should  induce  the  West  to  uphold  a  system  of 
government  which  might  consummate  the  odious  and  abominable 
policy  which  it  had  already  set  in  train  ?  It  was  by  this  mode  of 
argument  that  he  sought  to  quiet  the  fears  of  the  members  from 
the  West,  and  his  argument  produced  a  sensible  eftect  upon  the 
House  which  Edmund  Randolph  sought  to  deepen  ;  but  while 
Corbin,  who  followed  Randolph  on  the  same  side,  was  speaking, 
a  storm  arose,  which  rendered  speaking  impossible,  and  the 
House  adjourned.  The  result  of  this  day's  discussion — a  dis- 
cussion which,  whether  we  consider  the  intense  interest  of  the 
subject  which  called  it  forth,  the  various  talents  which  were 
exhibited  in  its  course,  and  the  splendid  prize  held  up  to  the  suc- 
cessful combatants,  was  one  of  the  most  interesting  in  our 
history — was,  that  of  the  fourteen  members  from  Kentucky,  ten 
voted  against  the  ratification  of  the  Federal  Constitution. 

On  the  morning  of  Saturday,  the  fourteenth  of  June,  a  painful 
rumor  reached  the  House.     Pendleton  had  fallen  suddenly  ill  the  ] 
night  before,  and  was  unable  to  take  his  seat.     The  House  pro- 

*  s 


248  VIRGINIA  CONVENTION    OF    1788. 

ceeded  to  the  election  of  a  vice-president,  which  resulted  in  the 
choice  of  John  Tyler,202  who  was  to  preside  during  the  inability 
of  Pendleton.  He  was  one  of  the  staunchest  opponents  of  the 
new  Constitution;  but  that  his  appointment  might  lack  no  mark 
of  honor,  and  might  show  conspicuously  to  future  times  the 
courtesy  of  a  body,  which,  though  agitated  by  the  strongest  pas- 
sions, disdained  to  look  to  the  opinions  of  an  individual,  but  re- 
garded only  his  fitness  for  the  office  which  he  would  be  called 
upon  to  fill,  the  vote  was  unanimous.  Nor  could  that  exalted 
honor  have  been  conferred  on  a  purer  statesman,  or  on  one  more 
competent  in  all  respects  to  discharge  its  duties.  The  history  of 
the  vice-president  well  deserves  to  be  studied  by  posterity.  His 
paternal  ancestor  of  the  same  name,  a  youth  of  seventeen,  had 
come  over  in  1637,  had  settled  in  Bruton  parish,  the  official  re- 
cords of  which  attest,  until  near  the  close  of  the  seventeenth 
century,  his  zeal  in  the  cause  of  the  Church,  and  had  founded  a 
numerous  family,  some  of  the  most  distinguished  members  of 
which  still  reside  within  a  short  range  of  the  ancient  seat  of  their 
race.  It  has  been  said  that  he  could  trace  his  descent  from  those 
brave  outlaws  of  Sherwood  Forest,  who  were  wont  to  sally  forth 
and  levy  upon  their  generation  certain  rude  extemporaneous  as- 
sessments, which  were  respected  more  from  the  summary  mode 
in  which  they  were  exacted  than  from  their  consonance  with  the 
laws  of  the  realm. 

John  Tyler,  who  had  just  received  from  his  associates  so  sig- 
nal a  mark  of  their  respect,  was  born  in  the  year  1748  in  the 
county  of  James  City,  where  he  grew  up  to  manhood.  His 
mother  was  of  French  extraction,  and  he  mingled  in  his  veins 
the  blood  of  the  Anglo-Saxon  with  the  blood  of  the  Huguenot, 
a  mixture  not  unfriendly  to  freedom,  to  genius,  to  eloquence, 
and  to  philosophy.203  From  his  nearness  to  Williamsburg, 

202  The  Journal  of  the  Convention  not  only  does  not  contain  the  name 
of  the  mover  and  seconder,  but  omits  all  notice  of  the  election.     The 
"  Debates  "  mention  the  appointment,  but  not  the  name  of  the  member 
who  moved  it.     It  was  probably  Patrick  Henry,  who  was  particularly 
fond  of  Tyler,  and  had  nominated  him  to  the  speakership  of  the  House 
of  Delegates  on  more  than  one  occasion,  if  I  mistake  not.     The  ances- 
tor of  John  Tyler  was  believed  to  be  the  famous   Wat  Tyler,  of  the 
times  of  Richard  II. 

203  The  mother  of  John  Tyler  of  the  text  was  a  daughter  of  Dr.  Con- 
tesse  of  Williamsburg. 


VIRGINIA   CONVENTION   OF    1788.  249 

whither  his  father,  who  was  Marshal  of  the  Colony,  and  himself 
frequently  repaired,  he  had  an  opportunity  of  observing  the 
incidents  of  the  time.  He  could  remember  Fauquier  as  well  as 
Botetourt  and  Dunmore ;  had  seen  their  stately  progresses 
through  the  Colony,  and  at  the  age  of  seventeen  had  heard  the 
speech  of  Henry  on  his  resolutions  against  the  Stamp  Act. 
From  that  hour  began  his  opposition  to  a  kingly  government, 
which  continued  unfalteringly  till  the  day  of  his  death.  He 
attended  William  and  Mary  College,  and  studied  law  in  the  office 
of  Robert  Carter  Nicholas,  from  whose  character  he  copied 
several  traits  which  were  afterwards  conspicuous  in  his  own. 
When  Dunmore  purloined  the  powder  from  the  magazine  at 
Williamsburg,  Tyler,  with  young  Harrison,  a  son  of  Benjamin 
of  "  Berkeley,"  enrolled  a  number  of  gallant  young  men,  and 
marched  at  their  head  to  the  capital,  where  Henry,  at  the  head  of 
his  Hanover  company,  had  just  arrrived.  On  the  establishment 
of  the  Constitution  in  1776,  he  was  appointed  by  the  Convention 
to  the  office  of  Commissioner  of  Admiralty,  the  duties  of  which 
he  discharged  throughout  the  war  ;20*  and  when  the  first  elections 
for  the  Senate  under  the  new  Constitution  were  held,  he  was  a 
candidate,  and  published  an  address  to  the  people  which  is  still 
extant,  and  which  is  worthy  of  note  as  the  first  communication 
addressed  to  the  voters  of  Virginia  that  ever  appeared  in  print.205 
He  soon  after  entered  the  House  of  Delegates,  and  in  1782,  and 
again  in  1783,  he  was  elected  Speaker,  having  been  nominated 
by  Henry.  In  1789  he  was  elected  a  judge  of  the  general 
court,  and  f  .scharged  for  twenty  years  that  laborious  and  respon- 
sible office.  In  1808  he  was  elected  Governor,  but,  as  his  health 
suffered  from  his  residence  in  Richmond,  he  accepted,  near  the 
end  of  his  second  term,  the  office  of  judge  of  the  Federal  dis- 
trict court.  This  appointment  had  in  his  eyes  a  peculiar  signifi- 
cancy.  It  was  as  a  judge  of  Admiralty,  entering  on  the  office  the 
very  day  the  first  Constitution  of  Virginia  took  effect,  and  five 
years  before  the  Articles  of  Confederation  were  adopted,  that 
he  began  his  public  career ;  and  it  was  in  the  discharge  of  the 

204  The  Virginia  Gazette  of  July  5,  1776,  announced  the  appointment 
of  John  Tyler,  James  Hubard,  and  Joseph  Prentis,  as  Commissioners 
of  Admiralty. 

205  Virginia  Gazette,  July  26,  1776.     Tyler  lost  his  election. 


250  VIRGINIA    CONVENTION    OF    1788. 

% 

duties  of,  practically,  the  same  office  under  the  Federal  Consti- 
tution that  now  in  his  old  age  he  was  destined  to  end  it.  He  re- 
sided at  "  Greenway,"  his  estate  on  the  banks  of  the  James;  and  it 
not  unfrequently  happened  that  prize  cases  not  admitting  of  delay 
were  brought  by  the  parties  for  adjudication  to  his  house  ;  and 
on  one  bright  morning  of  the  summer  of  1812,  in  the  shade  of  a 
wide-spreading  willow  that  grew  in  his  yard,  and  in  the  presence 
of  the  Marshal  of  the  United  States  and  of  the  mate  and  some 
of  the  crew,  he  adjudicated  the  first  prize  case  that  occurred  in 
the  war  of  1812,  that  of  the  ship  Sir  Simon  Clarke.  The  case 
was  clear  and  was  soon  decided,  and  the  parties,  having  declined 
a  cordial  invitation  to  dine  with  the  judge,  went  their  way. 
When  he  returned  to  his  family,  his  first  words  were  "  That 
proud  nation  which  has  so  long  made  war  upon  our  commerce, 
will  soon  come  to  know  that  the  war  is  no  longer  altogether  on 
one  side."  But  his  time  was  now  come.  On  the  sixth  day  of 
February,  1813,  in  the  sixty-filth  year  of  his  age,  he  breathed 
his  last,  and  was  buried  at  "  Greenway"  by  the  side  of  his  wife, 
who  had  died  some  years  before.206  The  ruling  passion  of  the 
patriot  who  had  witnessed  the  sufferings  endured  in  the  Revo- 
lution, was  strong  to  the  last.  During  his  last  illness  his  mind 
dwelt  upon  the  war  then  raging  with  Great  Britain,  which  he 
regarded  as  the  second  war  of  independence  with  our  ancient 
foe  ;  and  but  a  short  time  before  his  death  he  raised  his  head 
from  his  pillow  and  said,  "  I  could  have  wished  to  live  to  see 
again  that  haughty  nation  humbled  before  America;  but  it  is 
decreed  otherwise,  et  nunc  dimittas,  Domine  /" 

But  the  chief  distinction  of  this  worthy  patriot  was  derived 
from  his  career  in  the  House  of  Delegates.  Throughout  that, 
protracted  and  perilous  period,  reaching  from  the  Declaration  of 
Independence  to  the  adoption  of  the  present  Federal  Constitu- 
tion, he  was  foremost  in  meeting  the  difficult  and  perplexing 
questions  of  the  times,  and  by  his  intrepidity,  by  his  knowledge 
of  affairs,  by  his  sound  judgment,  by  a  ready  and  robust  elo- 
quence, sustained  in  the  public  councils  the  cause  of  his  country. 
Indeed,  it  is  to  his  great  honor  that,  in  the  decision  of  the  nu- 
merous and  delicate  questions  which  arose  during  the  war  and 
subsequently,  and  which  created  acrimonious  and  lasting  divi- 


206  Mrs.  Tyler  was  Mary  Armistead,  of  the  county  of  York. 


VIRGINIA   CONVENTION    OF    1788.  251 

sions  in  the  State,  he  embraced  those  views  of  finance,  of  public 
credit,  of  domestic  and  foreign  policy,  which  those  who  now  re- 
gard them  at  the  distance  of  seventy  years  would  pronounce  to 
be  the  wisest  and  the  best.  It  was  in  the  session  of  1786,  how- 
ever, that  he  performed  an  act  which,  if  the  other  deeds  of  his 
long  and  patriotic  course  were  forgotten,  would  stamp  immor- 
tality upon  his  name.  He  offered,  in  the  House  of  Delegates, 
and  sustained  by  his  eloquence,  that  ever  memorable  resolution 
convoking  the  Convention  at  Annapolis,  which  ultimately  led  to 
the  assembling  of  the  General  Convention  that  formed  the 
present  Federal  Constitution. 

There  were  points  of  connection  between  John  Tyler  and  the 
venerable  statesman  who  was  his  colleague  from  Charles  City  in 
the  Convention,  that  attracted  the  attention  of  our  fathers,  and 
are  not  without  interest  in  our  own  age.  Benjamin  Harrison 
was  born  in  Charles  City ;  had  sprung  from  a  wealthy  family  in 
the  Colony;  had  extensive  connections  which  were  then  deemed 
almost  essential  to  the  success  of  a  rising  politician,  and  had 
been  a  leading  member  of  the  House  of  Burgesses  when  Tyler 
was  a  boy.  Tyler  was  born  in  the  neighboring  county  of  James 
City;  had  in  early  manhood  settled  in  Charles  City;  had  en- 
gaged in  the  practice  of  the  law,  and  had  by  his  open  and  honor- 
able conduct  acquired  the  esteem  of  the  people.  He  was  regularly 
returned  to  the  House  of  Delegates,  and  had  been  frequently 
elected  Speaker.  Harrison,  who  had  held  a  seat  in  the  House 
of  Burgesses  for  near  thirty  years,  was  often  elected  by  the  As- 
sembly to  a  seat  in  Congress,  and  was  compelled,  in  pursuance 
of  an  Act  passed  in  1777,  to  vacate  his  seat  in  the  House  of  Dele- 
gates during  his  term  of  service  in  Congress.207  At  the  expira- 
tion of  his  term  in  Congress  he  was  always  a  candidate  for  a  seat 
in  the  House  of  Delegates,  and,  from  his  position  as  one  of  the 
oldest  members  of  the  House  of  Burgesses  as  well  as  of  Con- 
gress, and  as  Governor  of  the  Commonwealth,  his  valuable  ser- 
vices, and  his  reputation  as  a  presiding  officer,  was  usually 
elected  Speaker  of  that  body.  Thus  insensibly  there  grew  up, 
rather  among  the  neighbors  of  these  gentlemen  than  between 


207  Until  the  passage  of  this  Act  the  members  of  Assembly,  when 
elected  to  Congress,  always  retained  their  seats,  and  when  Congress 
was  not  in  session  attended  to  their  duties  in  the  Assembly. 


252  VIRGINIA   CONVENTION    OF    1788. 

themselves,  a  kind  of  rivalry,  as  it  was  known  that,  on  the  elec- 
tion of  both  to  the  House  of  Delegates,  a  contest  would  occur 
between  them  for  the  chair.  The  result  was  that  on  one  occa- 
sion Harrison  ousted  Tyler  from  the  chair  which  he  had  held  at 
the  previous  session,  and  on  another  Tyler  returned  the  compli- 
ment by  ousting  Harrision  from  his  seat  in  the  House,  who, 
however,  resolved  not  to  be  outdone,  crossed  over  to  the  county 
of  Surry,  and  was  immediately  returned  from  that  county  to  the 
House.  There  was  one  ground  held  in  common  by  these  wor- 
thy patriots,  and  which  justly  entitled  them  to  the  public  esteem — 
their  unwavering  patriotism  in  times  of  trial.  Harrison,  by  long 
and  arduous  service  in  Congress  as  well  as  in  our  State  councils, 
and  Tyler,  by  his  equally  efficient  service  in  the  House  of  Dele- 
gates, conferred  lasting  benefits  upon  their  country.  Harrison, 
as  chairman  of  the  Committee  of  the  Whole,  had  reported  to 
Congress  the  resolution  which  dissolved  the  connection  between 
the  Colonies  and  Great  Britain,  and  the  Declaration  of  Inde- 
pendence; Tyler,  as  we  have  before  observed,  offered,  and  suc- 
ceeded in  carrying  through  the  House  of  Delegates,  the  resolu- 
tion which  may  be  said  to  have  laid  the  foundation  of  the  present 
Federal  Constitution.  And,  as  if  the  connection  between  them 
should  be  continued  and  refreshed  in  the  memory  of  succeeding 
times,  each  had  a  son  who,  under  that  Constitution  which  their 
fathers  had  united  in  opposing  with  all  their  eloquence  on  the 
floor  of  the  present  Convention,  became  the  Chief  Magistrate 
of  the  Union. 

Tyler  belonged  to  that  class  of  statesmen  who  honestly  believed 
that  the  government  of  Virginia  was,  in  respect  both  of  domestic 
and  foreign  policy,  the  safest  and  the  best  for  the  people  of  Vir- 
ginia. Hence  he  was  one  of  the  most  open  and  most  fearless 
opponents  of  the  new  scheme.  He  had  loved  Virginia  when 
she  was  the  free  dominion  of  a  constitutional  king  ;  but  he  loved 
her  with  redoubled  affection  when  she  became,  partly  by  his  own 
efforts,  an  independent  Commonwealth.  Like  Henry,  he  deemed 
the  word  country  applicable  only  to  the  land  of  his  birth.208 
That  the  slightest  tax  should  be  levied  upon  the  people  by  any 


208  Henry  always  used  the  word  "country"  only  in  connection  with 
Virginia.  See  the  Debates  passim,  and  his  letter  to  R.  H.  Lee  in  the 
''Henry  Papers,"  quoted  in  the  discourse  of  the  Virginia  Convention 
of  1776,  page  141,  note. 


VIRGINIA    CONVENTION    OF    1788.  253 

other  authority  than  that  of  the  General  Assembly  ;  that  a  collec- 
tor appointed  by  any  other  power  should  stalk  among  the  home- 
steads of  Virginia  and  gather  a  tribute  which  was  not  to  find  its  way 
into  her  exchequer  ;  that  Virginia  ships,  as  they  passed  his  door 
bound  on  a  foreign  voyage,  should  carry  any  other  flag  than  that 
which  in  a  day  of  doubt  and  dread  he  had  seen  when  it  was  first 
hoisted  above  the  Capitol  at  Williamsburg ;  that  under  any  con- 
ceivable complication  of  affairs  Virginia  should  be  required  in  a 
time  of  profound  peace  to  surrender  without  limitation  or  qualifi- 
cation to  a  foreign  government  the  power  of  the  purse  and  the 
power  of  the  sword,  presented  to  his  mind  an  idea  so  revolting 
to  his  sense  of  honor  that  he  was  more  disposed  to  denounce  it 
as  a  scheme  of  treason  than  to  approve  it  as  a  dictate  of  patri- 
otism. Yet  no  man  living  cherished  with  greater  devotion  the 
union  of  the  States.  By  the  union  of  the  States  he  well  knew 
that  the  common  liberty  had  been  secured,  and  that  by  the  union 
it  would  best  be  preserved ;  but  it  was  an  union  of  sovereign 
States  bound  by  a  few  simple  and  general  powers  adequate  to 
the  conduct  of  foreign  affairs  that  he  desired  and  deemed  ample 
enough  to  attain  the  end  in  view.  It  was  a  simple  league  or  con- 
federation, competent  for  a  few  general  purposes,  that  found  favor 
in  his  eyes.  He  deemed  Virginia  fully  able  to  manage  her  own 
affairs,  and  he  shrunk  from  a  plan  of  government  which,  under 
the  guise  of  transacting  her  foreign  affairs  more  economically 
than  she  could  transact  them  herself,  was  endowed  with  an 
authority  as  great,  in  his  opinion,  as  that  of  the  king  and  Par- 
liament of  Great  Britain,  whose  yoke  had  been  but  lately  over- 
thrown, and  paramount  to  the  laws  of  the  States.  And  he 
opposed  the  new  scheme  with  the  greater  boldness,  because  in 
common  with  others  he  had  honestly  sought  to  amend  the 
Articles  of  Confederation  on  some  points  in  which  they  had 
been  found  defective,  and  had  taken  an  active  interest  in  calling 
the  General  Convention  which  had,  in  his  opinion,  so  far  tran- 
scended its  legitimate  office.  The  severe  simplicity  of  his  manners 
and  the  purity  of  his  life,  which  recalled  the  image  of  Andrew 
Marvel  or  of  Pym,  his  long  and  distinguished  career  in  the 
House  of  Delegates,  his  unblemished  honor  as  a  public  man, 
lent  an  additional  force  to  his  opposition. 

But  it  is  as  Tyler  was  when,  in  his  fortieth  year,  and  before  he 
had  been  called  to  that  bench  on  which  he  sat  for  twenty  years, 


254  VIRGINIA 'CONVENTION  OF  1788. 

he  was  elected  vice-president  of  the  Convention,  that  we  wish  to 
present  him  to  the  view.  There  was  a  gravity  in  his  demeanor 
that  became  the  presiding  officer  of  such  an  assembly.  His 
stature  was  broad  and  full,  and  was  nearly  six  feet  in  height.  A 
large  head,  which  had  been  bald  from  his  early  life  ;  a  large,  calm 
blue  eye  overcast  by  a  massive  forehead  ;  a  nose  as  prominent  as 
the  beak  of  an  eagle,  a  firmly  set  mouth  and  chin,  imparted  at 
first  sight  to  his  aspect  an  air  of  sternness,  which  was  softened  by 
a  benignant  smile  and  by  the  courtesy  of  his  manner.  He  was 
scrupulously  neat  in  his  person,  and  was  dressed  in  a  suit  of 
homespun  ;  for  he  lived  at  a  time  when  it  was  the  pride  of  the 
Virginia  wife  to  array  her  husband  throughout  in  the  fabrics  of 
her  own  loom.  He  had  long  been  familiar  with  the  duties  of  the 
chair.  In  fact,  he  had  presided  oftener  in  deliberative  bodies 
than — with  the  exception  of  Harrison — any  member  of  the  House. 
On  taking  his  seat  a  motion  was  made  to  go  into  committee,  and 
his  first  act  was  to  call  Wythe  to  the  chair.209 

Corbin,  with  the  remark  that  the  subject  of  the  Mississippi  had 
been  sufficiently  discussed,  moved  that  the  committee  proceed  to 
the  discussion  clause  by  clause.  Grayson  thought  that  the  dis- 
cussion of  the  day  before  ought  to  be  renewed.  The  question  of 
the  Mississippi  was,  practically,  whether  one  part  of  the  continent 
should  rule  the  other.  Alexander  White,  then  a  promising  young- 
lawyer  from  Frederick,  and  known  to  our  own  times  as  a  vene- 
rable judge  of  the  general  court,  expressed  the  opinion  that  the 
discussion  of  that  topic  might  be  postponed  until  the  treaty- 
making  power  came  up  in  course,  and  seconded  the  motion  of 
Corbin  ;  which  was  agreed  to. 

The  third  section  of  the  first  article  was  then  read.  Tyler 
hoped  that  when  amendments  were  brought  forward,  the  mem- 
bers ought  to  be  at  liberty  to  take  a  general  view  of  the  whole 
Constitution.  He  thought  that  the  power  of  trying  impeach- 
ments, added  to  that  of  making  treaties,  was  something  enor- 
mous, and  rendered  the  Senate  too  dangerous.  Madison 
answered  that  it  was  not  possible  to  form  any  system  to  which 
objections  could  not  be  made ;  that  the  junction  of  these  powers 


209  A  portrait  of  Judge  Tyler,  taken  mainly  from  memory,  some  years 
after  his  death,  is  at  Sherwood  Forest,  the  residence  of  his  son,  the 
ex-President.  An  obituary  from  the  pen  of  Judge  Roane  may  be  seen 
in  the  Richmond  Enquirer  of  the  8th  or  9th  of  February,  1813. 


VIRGINIA    CONVENTION    OF    1788.  255 

might  in  some  degree  be  objectionable,  but  that  it  could  not  be 
amended.  He  agreed  with  Tyler  that  when  amendments  were 
brought  on,  a  collective  view  of  the  whole  system  might  be  taken. 

The  fourth  and  fifth  sections  of  the  same  article  were  read,  and 
were  briefly  discussed  by  Monroe,  Madison,  and  Randolph. 
The  sixth  section  was  read,  when  Henry  addressed  the  com- 
mittee, and  was  followed  by  Madison,  Nicholas,  Tyler,  and  Gray- 
son,  and  by  Mason  and  Grayson  in  reply.  The  seventh  section 
was  discussed  by  Grayson  and  Madison. 

When  the  eighth  section  was  read,  Charles  Clay,  of  Bedford, 
took  the  floor.  The  position  and  the  patriotism  of  Clay,  who 
was  one  of  the  three  clergymen  holding  seats  in  the  Convention, 
and  who  clung  to  his  native  country  through  a  long  and  perilous 
war,  maintaining  her  cause  by  his  fluent  and  fearless  eloquence, 
which  is  said  to  have  been  not  unlike  that  of  his  illustrious  kins- 
man who  recently  descended  to  the  grave  amid  the  tears  of  his 
country,210  merit  the  remembrance  of  posterity.  He  was  born 
and  educated  in  the  Colony,  was  ordained  by  the  Bishop  of  Lon- 
don in  1769,  and  was  immediately  installed  as  rector  of  St.  Anne's 
parish,  in  the  county  of  Albemarle.  Some  of  his  sermons  yet 
extant  in  manuscript  have  been  pronounced  by  a  severe  judge 
to  be  sound,  energetic,  and  evangelical  beyond  the  character  of 
the  times.  During  the  Revolution,  instead  of  flying  his  native 
land,  he  never  lost  an  occasion  of  exhorting  his  countrymen  to 
prosecute  the  war  with  vigor;  and  on  a  fast  day  in  1777,  he 
preached  at  Charlottesville  before  a  company  of  minute-men  a 
sermon  which  reminds  us  of  that  preached  on  a  similar  occasion 
seventeen  years  before  by  Samuel  Davies,  and  which  displays  a 
chivalric  spirit  of  patriotism.  "Cursed  be  he,"  he  said,  "who 
keepeth  back  his  sword  from  blood  in  this  war."  He  protested 
against  apathy  and  backwardness  in  such  a  cause;  denounced 
"  those  who  would  rather  bow  their  necks  in  the  most  abject 
slavery  than  face  a  man  in  arms,"  and  implored  the  people  that 
as  the  cause  of  liberty  was  the  cause  of  God,  they  should  plead 
the  cause  of  their  country  before  the  Lord  with  their  blood.  He 
frequently  addressed  the  British  prisoners  taken  at  Saratoga,  who 
were  cantoned  in  Albemarle.  Removing  in  1784  from  Albemarle 

210  Bishop  Meade  thinks  that  Charles  was  probably  an  own  cousin  of 
Henry  Clay. 


256  VIRGINIA 'CONVENTION  OF  1788. 

to  Bedford,  he  resided  there  during  the  rest  of  his  life.  He  was 
a  large  and  handsome  man,  cordial  in  his  manners,  fond  of 
society,  and  a  most  entertaining  and  instructive  companion.  He 
was  an  intimate  friend  of  Jefferson,  who  owned  an  estate  in  Bed- 
ford which  he  visited;  and  then  these  venerable  patriots  in  their 
declining  years  discoursed  of  men  and  things  that  had  long 
passed  away.  Clay  was  the  first  to  depart,  having  died  in  1824 
near  his  eightieth  year,  and  in  the  midst  of  his  descendants,  and 
having  survived  most  of  his  present  associates.211  His  peculiar 
temper  was  seen  in  his  will.  He  selected  a  spot  for  his  grave, 
and  ordered  a  mound  of  stones  to  be  raised  over  it ;  and  this 
monument,  now  covered  with  turf,  resembles  in  its  full  propor- 
tions one  of  those  ancient  burrows  which  were  formerly  to  be 
seen  in  the  low-grounds  of  some  of  our  mountain  streams.212 

The  political  principles  of  Clay  were  as  fixed  as  his  religious. 
The  right  of  taxation  he  regarded  as  the  greatest  of  all  rights  ; 
and  he  thought  that  a  people  who  assented  to  a  surrender  of  that 
right  without  limitations  clearly  and  unequivocally  expressed, 
might  possibly  retain  their  freedom,  but  that  freedom  would  no 
longer  be  a  privilege,  but  an  accident  or  a  concession.  Taxa- 
tion, he  said,  could  only  be  exercised  judiciously  and  safely  by 
agents  responsible  to  those  who  paid  the  taxes  ;  and,  as  this  re- 
sult was,  in  his  opinion,  impracticable  under  the  new  scheme,  he 
thought  that,  in  adopting  that  scheme,  we  virtually  relinquished 
the  great  object  attained  by  the  Revolution.  He  was  probably 
born  in  Hanover,  and  in  early  life  may  have  heard  Samuel  Da- 
vies,  whose  noble  sermons  on  Braddock's  Defeat,  on  Religion  and 
Patriotism,  the  Constituents  of  a  Good  Soldier,  and  on  the  Curse 


211  At  the  death  of  Clay  in  1824,  the  members  of  the  Convention  then 
living,  were  Madison,  Marshall,  Monroe,  and  John  Stuart  of  Greenbrier, 
Archibald  Stuart  of  Augusta,   White  of  Frederick,  Johnson  of  Isle  of 
Wight. 

212  For  particulars  concerning  Clay  consult  Bishop   Meade's  valuable 
work  on  the   Old  Churches,  &c.,  of  Virginia,  II,  49.     The  mound  is 
described  by  the  Bishop  as  being  twenty  feet  in  diameter,  twelve  feet 
high,  and  neatly  turfed.     I  suppose  Clay  to  have  been  five  and  twenty 
at  his  ordination,  which  would  make  him  eighty  at  his  death.     I  am 
indebted  to  Clay  at  second-hand  through  my  friend,  John   Henry  of 
"  Red  Hill,"  for  some  interesting  incidents  of  the  present  Convention, 
which  are  introduced  in  their  proper  place. 


VIRGINIA   CONVENTION    OF    1788.  257 

of  Cowardice,  found  a  counterpart  in  the  animated  and  daring 
appeals  of  Clay.  Nor  is  the  merit  of  Clay  less,  if  it  be  not 
greater,  than  that  of  Davies.  Davies  was  a  dissenter.  He  had 
felt  the  power  of  the  established  Church,  and  had  wrestled  with 
success  against  the  authority  claimed  for  her  by  her  zealous  but 
imprudent  defenders.  He  had  no  respect  for  the  doctrines  of 
passive  obedience.  He  had  no  respect  for  kings  unless  they 
were  wise  and  good  men.  He  was  also  a  Calvinist.  He  be- 
longed to  a  sect  which  had  no  scruples  about  drawing  the  sword 
in  defence  of  civil  and  religious  liberty.  In  fact,  the  religion  of 
the  Sage  of  Geneva  was  nearly  as  militant  as  the  religion  of  the 
Prophet  of  Mecca.  Of  the  more  than  three  hundred  years 
which  had  elapsed  since  John  Calvin  had,  in  the  midst  of  a  scene 
of  unrivaled  natural  beauty,  promulgated  to  the  world  the  tenets 
of  his  stern  faith,  more  than  two-thirds  of  the  whole  had  been 
spent  by  their  votaries  in  contests  with  principalities  and  powers, 
and  with  various  fortune.  Sometimes  they  were  crushed  to  the 
earth  beneath  the  heel  of  the  oppressor.  Then  they  rose  in 
their  terrible  strength,  and  struck  the  head  of  the  oppressor  from 
the  block.  To  revert  to  times  which  have  no  indirect  relation 
to  our  own,  Calvinism  had  nearly  overturned  the  government  of 
James  the  First.  It  brought  his  successor  to  the  scaffold,  and, 
in  the  person  of  one  of  its  truant  votaries,  seized  on  the  supreme 
power  of  the  State,  and  made  the  name  of  England  a  terror  to 
Europe.  Then  it  sank  down,  and  in  its  coverts  scowled  at  the 
storm  which  overwhelmed  it,  and  with  it  the  common  morality 
and  the  common  decency  in  one  seemingly  irretrievable  ruin. 
Then  it  reared  its  head  once  more,  grappled  with  another  Stuart, 
drove  him  into  exile,  and  placed  upon  the  British  throne  one  of 
its  truest  and  ablest  defenders.  It  shook  the  throne  of  Louis  the 
Fourteenth,  and  filled  Europe  with  victories,  the  glory  of  which 
became  a  national  inheritance.  It  crossed  raging  seas,  and  in 
the  New  World,  amid  ice  and  snow,  on  a  rock-bound  coast, 
moored  its  frail  vessels,  felled  forests,  smote  the  Indian  with  the 
edge  of  the  sword,  reared  flourishing  republics  which  vexed  the 
most  distant  seas  with  their  keels,  inscribed  the  names  of  more 
than  one  of  its  votaries  on  the  American  Declaration  of  Inde- 
pendence, and  ended  one  great  cycle  of  its  destiny.  Then  it 
fell  asleep  in  its  strongholds,  until  Geneva  and  Edinburgh  and 
Boston,  forgetting  sits  three-fold  tongue,  began  to  utter  each  a 


258  VIRGINIA   CONVENTION    OF    1788. 

language  of  its  own.  Of  this  fierce  sect,  then  in  its  vigor,  Da- 
vies  was  a  staunch  and  most  eloquent  adherent.  Yet,  though 
his  spirit  was  ever  equal  to  any  emergency,  he  had  only  exhorted 
his  countrymen  to  take  the  field  against  the  public  enemies — and 
those  enemies,  the  French  and  the  Indians,  between  whom  and 
the  Anglo-Saxon  race  there  was  a  natural,  an  inveterate,  and  an 
irreconcilable  hostility.  Clay,  as  an  individual,  if  not  as  a  patriot, 
went  a  step  beyond.  He  belonged  to  another  and  a  very  differ- 
ent family  of  Christians.  He  was  a  priest  of  the  Established 
Church.  He  was  a  member  of  that  splendid  hierarchy  whose 
highest  representative  was  the  first  peer  of  the  British  realm, 
whose  bishops  sat  with  equal  honor  side  by  side  with  the  heredi- 
tary legislators  of  Britain,  and  whose  supreme  head  on  earth  was 
the  king.  One  of  the  purest  bishops  of  that  Church  had  laid  upon 
him  his  consecrating  hand,  and  had  by  a  solemn  ordination  set 
him  apart  for  her  service.  He  was  thus  bound  to  the  king,  not 
only  by  those  tender  ties  of  veneration  and  love  which  bound 
our  fathers  to  the  House  of  Hanover  as  the  great  political  bul- 
wark of  Protestant  Christianity,  but  by  those  no  less  formidable 
ties  which  bound  a  priest  to  his  ecclesiastical  superior.  But  the 
intrepid  spirit  of  Clay  did  not  hesitate  for  an  instant  to  sunder 
all  political  and  religious  connection  with  a  king  who  sought  to 
enslave  Virginia.  He  stood  on  a  platform  too  elevated  for  most 
of  his  clerical  brethren ;  and  when  the  cloud  of  war  had  burst, 
and  the  sun  of  a  new  day  had  risen,  and  men  could  look  quietly 
around  them,  it  was  seen  that  he  stood  almost  alone.213  He  was 
in  his  forty-fourth  year,  and,  although  fluent  and  undaunted  in 
debate,  he  wisely  resigned  the  office  of  discussion  to  the  able 
men  whose  whole  lives  had  been  spent  in  political  affairs,  and 
rarely  rose  unless  to  make  some  pertinent  inquiry  ;  and,  as  it 
was  observed  by  a  learned  jurist,  that  Dirlton's  Doubts  were 
more  certain  than  the  certainties  of  other  people,  so  it  was  re- 
marked that  Clay's  questions  had  often  the  effect  of  an  argument 
enforced  by  a  regular  speech.  He  now  rose  to  inquire  why  Con- 
gress was  to  have  power  to  provide  for  calling  forth  the  militia 
to  put  the  laws  of  the  Union  into  execution. 

213  Bishop  Meade  states  that  of  the  ninety-one  clergymen  at  the  be- 
ginning of  the  war,  not  more  than  twenty-eight  appeared  at  its  close. 
Among  the  clerical  representatives  of  the  Established  Church  in  the 
field  were  Colonel  Thurston  and  Major-General  Mecklenburg. 


VIRGINIA   CONVENTION   OF    1788.  259 

Madison  explained  and  defended  the  clause,  and  was  followed 
by  Mason,  who  denounced  it  as  not  sufficiently  guarded,  in  an 
able  harangue,  which  called  forth  an  elaborate  reply  from  Madi- 
son. Clay  was  not  satisfied  with  the  explanations  of  Madison. 
"  Our  militia,"  he  said,  "might  be  dragged  from  their  homes 
and  marched  to  the  Mississippi."  He  feared  that  the  execution 
of  the  laws  by  other  than  the  civil  authority  would  lead  ulti- 
mately to  the  establishment  of  a  purely  military  system.  Madison 
'rejoined,  and  was  followed  by  Henry,  who  exhorted  the  opponents 
of  the  new  scheme  to  make  a  firm  stand.  "We  have  parted,'' 
he  said,  "  with  the  purse,  and  now  we  are  required  to  part  with 
the  sword."  Henry  spoke  for  an  hour,  and  was  followed  by 
Nicholas  and  Madison  in  long  and  able  speeches.  Henry  replied, 
and  was  followed  by  Madison  and  Randolph.  Mason  rejoined 
at  length,  and  was  followed  by  Lee,  who  threw  with  much  dex- 
terity several  pointed  shafts  at  Henry.  Clay  rose  evidently  under 
strong  excitement.  He  said  that,  as  it  was  insinuated  by  a  gen- 
tleman (Randolph)  that  he  was  not  under  the  influence  of  com- 
mon sense  in  making  his  objection  to  the  clause  in  debate,  his 
error  might  result  from  his  deficiency  in  that  respect ;  but  that 
gentleman  was  as  much  deficient  in  common  decency  as  he  was 
in  common  sense.  He  proceeded  to  state  the  grounds  of  his 
objection,  and  showed  that  in  his  estimation  the  remarks  ol  the 
gentleman  were  far  from  satisfactory.  Madison  rejoined  to  Clay, 
and  passing  to  the  arguments  of  Henry,  spoke  with  great  force 
in  refuting  them.  Clay  asked  Madison  to  point  out  the  instances 
in  which  opposition  to  the  laws  did  not  come  within  the  idea  of 
an  insurrection.  Madison  replied  that  a  riot  did  not  come  within 
the  legal  definition  of  an  insurrection.  After  a  long  and  ani- 
mated session  the  committee  rose,  and  the  House  adjourned. 

On  Monday,  the  sixteenth  day  of  June,  Pendleton  appeared 
and  resumed  the  chair.  The  House  went  into  committee,  Wythe 
in  the  chair,  the  eighth  section  of  the  first  article  still  under  con- 
sideration. Henry  rose  and  reviewed  the  previous  sections,  and 
was  followed  in  detail  by  Madison.  Mason  then  spoke,  and  was 
followed  by  Madison  and  Corbin.  Marshall  replied  to  a  speech 
delivered  the  day  before  by  Grayson,  who  rejoined.  Henry  rose 
in  reply,  and  Madison  rejoined.  Mason  replied  to  Madison,  and 
was  answered  by  Nicholas.  A  prolonged  debate  ensued,  in 
which  Grayson,  Nicholas,  Mason,  Madison,  Lee,  Pendleton,  and 


260  VIRGINIA  CONVENTION    OF    1788. 

Henry  took  part.  The  day  closed  with  a  passage  between 
Nicholas  and  Mason,  Nicholas  affirming  that  the  Virginia  Bill  of 
Rights  did  not  provide  against  torture,  and  Mason  proving  to  the 
conviction  of  Nicholas  that  it  did.  The  House  then  adjourned.214 

On  Tuesday,  the  seventeenth  day  of  June,  a  subject  to  which 
recent  developments  in  the  South  have  added  a  present  interest, 
came  up  for  consideration.  As  soon  as  the  House  went  into 
committee,  Wythe  in  the  chair,  the  first  clause  of  the  ninth  sec- 
tion of  the  first  article  was  read.  That  clause  is  in  these  words  : 
' '  The  migration  or  importation  of  such  persons  as  any  of  the 
States  now  existing  shall  think  proper  to  admit,  shall  not  be  pro- 
hibited by  the  Congress  prior  to  the  year  one  thousand  eight 
hundred  and  eight ;  but  a  tax  or  duty  may  be  imposed  on  such 
importation  not  exceeding  ten  dollars  for  each  person." 

Mason  rose  and  denounced  it  as  a  fatal  section,  which  has 
created  more  dangers  than  any  other.  "This  clause,"  he  said, 
"allows  the  importation  of  slaves  for  twenty  years.  Under  the' 
royal  government  this  evil  was  looked  upon  as  a  great  oppression, 
and  many  attempts  were  made  to  prevent  it ;  but  the  interest  of 
the  African  merchants  prevented  its  prohibition.  No  sooner  did 
the  Revolution  take  place  than  it  was  thought  of.  It  was  one  of 
the  great  causes  of  our  separation  from  Great  Britain.  Its 
exclusion  has  been  a  principal  object  of  this  State,  and  most  of 
the  States  of  the  Union.  The  augmentation  of  slaves  weakens 
the  States  ;  and  such  a  trade  is  diabolical  in  itself  and  disgraceful 
to  mankind.  Yet  by  this  Constitution  it  is  continued  for  twenty 
years.  As  much  as  I  value  the  union  of  all  the  States,  I  would 
not  admit  the  Southern  States  into  the  Union  unless  they  agreed 
to  the  discontinuance  of  this  disgraceful  trade.  And  though 
this  infamous  traffic  be  continued,  we  have  no  security  for  the 
property  of  that  kind  which  we  have  already.  I  have  ever 
looked  upon  this  clause  as  a  most  disgraceful  thing  to  America. 

214  It  is  remarkable  that  the  Virginia  Declaration  of  Rights  was  always 
spoken  of  in  debate,  even  by  Mason,  who  drafted  it,  as  the  Bill  of 
Rights — a  name  appropriate  to  the  British  Bill  of  Rights,  which  was 
first  the  Petition  of  Right,  and  was  then  enacted  into  a  law ;  but  alto- 
gether inapplicable  to  our  Declaration,  which  had  never  been  a  bill, 
and  was  superior  to  all  bills.  It  is  true  that  the  Declaration  of  Rights 
was  read  three  times  in  the  Convention  which  adopted  it;  but  so  was 
the  Constitution,  which  nobody  would  call  a  bill. 


VIRGINIA    CONVENTION    OF    1788.  261 

I  cannot  express  my  detestation  of  it.  Yet  they  have  not 
secured  us  the  property  of  the  slaves  we  have  already.  So  that 
'  they  have  done  what  they  ought  not  to  have  done,  and  have  left 
undone  what  they  ought  to  have  done.'  ' 

Madison  made  answer  that  he  should  conceive  this  clause  im- 
politic, if  it  were  one  of  those  things  which  could  be  excluded 
without  encountering  great  evils.  The  Southern  States  would 
not  have  entered  the  union  without  the  temporary  permission  of 
that  trade.  And  if  they  were  excluded  from  the  union,  the  con- 
sequences might  be  dreadful  to  them  and  to  us.  We  are  not  in 
a  worse  situation  than  before.  That  traffic  is  prohibited  by  our 
laws,  and  we  may  continue  the  prohibition.  Under  the  Articles 
of  Confederation  it  might  be  continued  forever.  But  by  this 
clause  an  end  may  be  put  to  it  in  twenty  years.  There  is,  there- 
fore, an  amelioration  of  our  circumstances.  A  tax  may  be  laid 
in  the  mean  time  ;  but  it  is  limited,  otherwise  Congress  might 
lay  such  a  tax  as  would  amount  to  a  prohibition.  "  From  the 
mode  of  representation  and  taxation,"  continued  Madison,  "Con- 
gress cannot  lay  such  a  tax  on  slaves  as  will  amount  to  manu- 
mission. Another  clause  secures  us  that  property  which  we  now 
possess.  At  present,  if  any  slave  elopes  to  any  of  those  States, 
he  becomes  emancipated  by  their  laws.  For  the  laws  of  the 
States  are  uncharitable  to  one  another  in  this  respect.  But  in 
this  Constitution  '  no  person  held  to  service  or  labor  in  one 
State  under  the  laws  thereof,  escaping  into  another,  shall,  in  con- 
sequence of  any  law  or  regulation  therein,  be  discharged  from 
any  such  service  or  labor;  but  shall  be  delivered  up  on  claim  of 
the  party  to  whom  such  service  or  labor  may  be  due.'  This 
clause  was  expressly  inserted  to  enable  owners  of  slaves  to  re- 
claim them.  No  power  is  given  to  the  general  government  to 
interpose  with  respect  to  the  property  in  slaves  now  held  by  the 
States."  "  I  need  not,"  he  said  in  concluding,  "  expatiate  on  this 
subject.  Great  as  the  evil  of  this  clause  is,  a  dismemberment  of 
the  union  would  be  worse.  If  those  Southern  States  should  dis- 
unite from  the  other  States  for  not  indulging  them  in  the  tem- 
porary use  of  this  traffic,  they  might  solicit  and  obtain  aid  from 
foreign  powers." 

Tyler  warmly  enlarged  on  the  impolicy,  iniquity,  and  disgrace- 
fulness  of  this  wicked  traffic.  He  thought  the  reasons  urged  by 
gentlemen  in  support  of  it  were  ill-founded  and  inconclusive.  It 


262  VIRGINIA   CONVENTION    OF    1788. 

was  one  cause  of  the  complaints  against  British  tyranny  that 
this  trade  was  permitted.  His  earnest  desire  was  that  it  should 
be  handed  down  to  posterity  that  he  had  opposed  this  wicked 
clause.  He  also  contended  that  as,  according  to  the  admission 
of  Madison,  Congress  would  have  had  power  to  abolish  the 
traffic  but  for  the  restriction,  and  as  no  express  power  so  to  do 
was  contained  in  the  Constitution,  then  it  followed  that  the  dis- 
cretion of  Congress  was  its  rule  of  authority,  and  that  the  neces- 
sity of  a  bill  of  rights  was  indispensable.  Madison  rejoined,  and 
was  followed  by  Henry,  who  enforced  at  length  the  argument 
advanced  by  Tyler,  and  urged  in  eloquent  terms  the  absolute 
necessity  of  a  bill  of  rights.  He  denied  that  Madison  had  shown 
the  security  of  our  slave  property.  The  argument  of  Madison, 
he  said,  was  no  more  than  this — that  a  runaway  negro  could  be 
taken  up  in  Maryland  or  in  New  York.  This  could  not  prevent 
Congress  from  interfering  with  that  kind  of  property  by  laying  a 
grievous  and  enormous  tax  upon  it,  so  as  to  compel  owners  to 
emancipate  their  slaves  rather  than  pay  the  tax.  He  feared  that 
this  property  would  be  lost  to  this  country.  Nicholas  replied  to 
Henry  with  peculiar  tact,  showing  the  inconsistency  of  those 
who  with  one  and  the  same  breath  blamed  the  Constitution  for 
allowing  the  introduction  of  slaves  for  a  limited  period,  and  for 
not  protecting  the  very  interest  which  it  allowed  to  increase  for 
twenty  years.  He  urged  that  it  was  better  to  have  this  clause  and 
union,  than  disunion  without  it.  He  also  contended  that  the  ratio 
of  taxation  was  fixed  by  the  Constitution;  and  that  as  the  people 
were  now  reduced  to  beggary  by  the  taxes  on  negroes,  so  by  the 
adoption  of  the  Constitution  which  exempts  two-fifths,  the  taxes 
would  rather  be  lightened  than  rendered  more  oppressive.  He 
intimated  an  inconsistency  in  the  arguments  urged  by  gentlemen 
here  and  those  offered  in  the  House  of  Delegates  at  a  previous 
period. 

The  second,  third,  and  fourth  clauses  of  the  ninth  section  were 
now  read.215  Mason  said  that  the  restriction  in  the  fourth  clause 
of  the  capitation  tax  was  nominal  and  deceptive.  It  only  meant 
that  the  quantum  to  be  raised  of  each  State  should  be  in  pro- 
portion to  their  numbers  in  the  manner  directed  in  the  Consti- 

215  Concerning  the  writ  of  habeas  corpus,  bills  of  attainder,  and  ex 
post  facto  laws,  and  the  capitation  and  direct  tax. 


VIRGINIA    CONVENTION    OF    1788.  263 

tution.  But  the  general  government  was  not  precluded  from 
laying  the  proportion  of  any  particular  State  on  any  one  species 
of  property.  They  might  lay  the  whole  tax  on  slaves,  and  anni- 
hilate that  species  of  property.  The  security  was  extended  only 
to  runaway  slaves.  Madison  replied  that  the  Southern  States  in 
the  Convention  were  satisfied  with  the  protection  accorded  by 
the  Constitution;  that  every  member  of  that  body  desired  an 
equality  of  taxation,  which  uniformity  could  not  secure;  that 
some  confidence  must  be  placed  in  human  discretion,  or  civil 
society  could  not  exist;  and  that  five  States  were  permanently 
interested  in  the  security  of  slave  property,  and  other  States  in 
a  greater  or  less  degree. 

The  fifth  and  sixth  clauses  of  the  ninth  section  were  read.216 
Mason  thought  the  expression  "  from  time  to  time"  was  loose. 
It  might  refer  to  triennial  or  septennial  periods.  Lee  objected  to 
such  remarks  as  trivial.  He  wished  gentlemen  would  confine 
themselves  to  an  investigation  of  the  principal  parts  of  the  Con- 
stitution, as  the  Assembly  was  about  to  meet  the  coming  week. 
Mason  begged  to  be  allowed  to  use  the  mode  of  arguing  to 
which  he  had  been  accustomed.  However  desirous  he  was  of 
pleasing  that  worthy  gentleman,  his  duty  would  give  way  to  that 
pleasure.  Nicholas,  Corbin,  and  Madison  replied  to  Mason,  who 
still  insisted  on  the  vagueness  of  the  words  "from  time  to  time," 
and  said  that  in  the  Articles  of  Confederation  a  monthly  publi- 
cation was  required. 

The  seventh  clause  of  the  ninth  section,  which  prohibits  titles 
of  nobility  from  being  granted  by  the  United  States,  or  the  public 
officers  accepting  presents  from  foreign  powers  without  the  con- 
sent of  Congress,  was  now  read.  Henry  said  he  considered 
himself  at  liberty  to  review  all  the  clauses  of  the  ninth  section 
of  the  first  article.  He  said  that  this  seventh  section  was  a  sort 
of  bill  of  rights  to  the  Constitution,  and,  by  comparing  it  in 
detail  with  the  Virginia  Bill  of  Rights,  argued  that  it  was  wholly 
inefficient.  He  concluded  by  saying  that  if  gentlemen  thought 
that  this  section  would  secure  their  liberties,  then  he  and  his 
friend  (Mason)  had  spoken  in  vain.  Randolph  followed  in  an 

216  No  tax  or  duty  to  be  laid  on  articles  exported  from  any  State,  or 
preference  shown  by  any  regulation  ;  no  moneys  to  be  drawn  from  the 
treasury  but  by  appropriations,  and  a  regular  statement  published  from 
time  to  time,  &c. 


264  VIRGINIA  'CONVENTION  OF  1788. 

elaborate  review  of  the  ninth  section,  and  in  reply  to  Henry. 
On  the  sweeping  clause  he  thus  spoke :  "  The  rhetoric  of  the 
gentleman  has  highly  colored  the  dangers  of  giving  the  gen- 
eral government  an  indefinite  power  of  providing  for  the  gen- 
eral welfare.  I  contend  that  no  such  power  is  given.  They 
have  power  '  to  lay  and  collect  taxes,  duties,  imposts,  and  ex- 
cises, to  pay  the  debts  and  provide  for  the  common  defence  and 
general  welfare  of  the  United  States.'  Is  this  an  independent, 
separate,  substantial  power  to  provide  for  the  general  welfare  ? 
No,  sir.  They  can  lay  and  collect  taxes — for  what  ?  To  pay 
the  debts  and  provide  for  the  general  welfare.  Were  not  this 
the  case,  the  following  part  of  the  clause  would  be  absurd.  It 
would  have  been  treason  against  common  language.  Take  it 
altogether,  and  let  me  ask  if  the  plain  interpretation  be  not  this  : 
a  power  to  lay  and  collect  taxes,  etc.,  in  order  to  provide  for  the 
general  welfare  and  pay  debts." 

In  his  remarks  upon  the  clause  which  forbids  public  officers 
from  receiving  presents  from  foreign  powers,  he  observed  that 
"  an  accident  which  actually  happened  operated  in  producing 
that  restriction.  A  box  was  presented  to  our  ambassador  by  the 
king  of  our  allies.  It  was  thought  proper,  in  order  to  exclude 
corruption  and  foreign  influence,  to  prohibit  any  one  in  office 
from  receiving  or  holding  any  emoluments  from  foreign  States. 
I  believe  that  if  at  that  moment,  when  we  were  in  harmony  with 
the  king  of  France,  we  had  supposed  that  he  was  corrupting  our 
ambassador,  it  might  have  disturbed  that  confidence  and  dimin- 
ished that  mutual  friendship  which  contributed  to  carry  us  through 
the  war."317 

In  reply  to  an  objection  of  Henry  that  the  trial  by  jury  was 
unsafe,  he  showed  that  it  was  secured  in  criminal  cases,  and  that 
in  civil  cases,  as  there  was  then  great  contrariety  in  the  practices 
of  the  different  States  on  this  subject,  the  matter  was  wisely 

217  Dr.  Franklin  is  the  person  alluded  to  by  Randolph.  In  the  winter 
of  1856,  in  Philadelphia,  under  the  roof  of  a  venerable  granddaughter 
of  Dr.  Franklin,  I  saw  the  beautiful  portrait  of  Louis  XVI,  snuff-box 
size,  presented  by  that  king  to  the  doctor.  As  the  portrait  is  exactly 
such  as  is  contained  in  the  snuff-boxes  presented  by  crowned  heads, 
one  of  which  I  have  seen,  it  is  probable  this  portrait  of  Louis  was  ori- 
ginally attached  to  the  box  in  question,  which  has  in  the  lapse  of  years 
been  lost  or  given  away  by  Franklin. 


VIRGINIA    CONVENTION    OF    1788.  265 

referred  to  legislation ;  and  in  reply  to  another  objection  of  that 
gentleman,  that  the  common  law  was  not  established  by  the 
Constitution,  he  argued  that  "the  wisdom  of  the  Convention 
was  displayed  by  its  omission,  because  the  common  law  ought 
not  to  be  immutably  fixed.  It  is  established,  not  in  our  own  Bill 
of  Rights  or  in  our  State  Constitution,  but  by  the  Legislature, 
and  can  therefore  be  changed  as  circumstances  require.  If  it 
had  been  established  by  the  new  Constitution,  it  would  be  in 
many  respects  destructive  to  republican  principles.  It  would 
have  revived  the  writ  for  burning  heretics,  and  involved  other 
absurdities  equally  enormous.  But  it  is  not  excluded,  It  may 
be  established  by  the  Legislature  with  such  modifications  as  the 
public  convenience  and  interests  may  hereafter  prescribe." 

Henry  lamented  that  he  could  not  see  with  that  perspicuity 
which  other  gentlemen  were  blessed  with. 

The  first  clause  of  the  tenth  section,  which  prevents  a  State 
from  entering  into  any  treaty  or  alliance  with  a  foreign  power,  or 
granting  letters  of  marque  or  reprisal,  or  coining  money,  or 
making  anything  but  gold  and  silver  a  tender  in  payment  of  debts, 
or  passing  any  bill  of  attainder,  ex  post  facto  law,  or  any  law  im- 
pairing the  obligation  of  contracts,  or  of  laying,  without  the 
consent  of  Congress,  any  imposts  or  duties  on  imports  or  ex- 
ports, except  what  might  be  absolutely  necessary  for  executing 
its  inspection  laws,  etc.,  etc.,  was  read.  Henry  regarded  with 
concern  these  restrictions  on  the  States.  They  may  be  good  in 
themselves ;  but  he  feared  the  States  would  be  compelled  by 
them  to  pay  their  share  of  the  Continental  money  shilling  for  shil- 
ling. There  had  been  great  speculations  in  Continental  money. 
He  had  been  informed  that  some  States  had  collected  vast  quan- 
tities of  that  money,  which  they  should  be  able  to  recover  in  its 
nominal  value  of  the  other  States.  Madison  admitted  that  there 
might  be  some  speculation  on  the  subject,  and  believed  that  the 
old  Continental  money  had  been  settled  in  a  very  disproportion- 
ate manner.  But  the  first  clause  of  the  sixth  article  settled  this 
matter.  That  clause  provided  that  all  debts  and  engagements 
entered  into  before  the  adoption  of  the  Constitution  shall  be  as 
valid  as  under  the  Confederation.  He  affirmed  that  it  was 
meant  there  should  be  no  change  with  respect  to  claims  by  this 
political  alteration.  The  validity  of  claims  ought  not  to  dimin- 
ish by  the  adoption  of  the  Constitution.  It  could  not  increase 


266  VIRGINIA  CONVENTION    OF    1788. 

the  demands  on  the  public.  Mason  said  that  there  had  been 
enormous  speculations  in  Continental  money,  in  the  hope  of  re- 
covering shilling  for  shilling.  The  clause  was  well  enough  as 
far  as  it  went.  The  money  had  depreciated  a  thousand  for  one. 
The  old  Congress  could  settle  this  matter.  The  hands  of  Con- 
gress were -now  tied.  Under  the  new  scheme  we  must  pay  it 
shilling  for  shilling,  or  at  least  one  for  forty.  Madison  made  an- 
swer that  the  question  as  to  who  were  the  holders  of  the  money 
was  immaterial;  it  could  not  be  affected  by  the  Constitution, 
which  made  all  claims  as  valid  as  they  were  before,  and  not  more 
so.  Henry  replied  that  he  saw  clearly  that  we  would  be  com- 
pelled to  pay  shilling  for  shilling.  No  ex  post  facto  law  could  be 
passed  by  Congress  or  by  the  States,  and  there  could  be  no  re- 
lief. He  instanced  the  case  of  relief  by  the  Assembly  from  the 
payment  of  British  debts.  The  State  could  be  sued  in  the  Fed- 
eral court.  Barrels  of  paper  money  had  been  hoarded  at  the 
North.  There  could  be  no  relief.  Judgment  will  be  given 
against  you,  and  the  people  will  be  ruined.  Nicholas  said  that 
Virginia  could  make  no  law  affecting  the  value  of  Continental 
money.  So  the  case  will  stand  hereafter  as  it  does  now.  He 
denied  that  Congress  could  be  sued  by  speculators.  Congress 
may  be  plaintiff,  but  not  defendant  in  her  own  courts.  Randolph 
urged  the  restriction  concerning  ex  post  facto  laws  had  no  rela- 
tion to  the  case  at  all;  that  the  term  was  technical,  and  applied 
only  to  criminal  cases.  He  said  that  the  British  debts,  which 
were  held  contrary  to  treaty,  ought  to  be  paid.  The  payment 
might  press  the  country,  but  we  should  retrench  our  extravagance 
and  folly.  He  denied  that  private  benefit  affected  his  views,  as, 
unless  reduced  very  low  indeed,  he  should  never  feel  the  benefit 
of  the  payment.  Madison  rose  to  quiet  the  fears  which  had 
been  raised  by  Henry.  Strike  out  the  clause  altogether,  he  said, 
and  the  case  would  stand  just  as  it  does  now.  As  for  the  ruin 
threatened  by  the  payment  of  debts,  the  original  amount  was 
only  one  hundred  millions,  of  which  some  had  been  destroyed- 
But  before  it  was  destroyed,  the  share  of  Virginia  was  only 
twenty-six  millions,  which,  at  forty  for  one,  amounted  to  five 
hundred  thousand  dollars  only.  Mason  was  still  of  his  former 
opinion.  Had  three  words  been  added  after  the  words  ex  post 
facto,  confining  those  words  to  crimes,  then  the  position  of  those 
debts  would  be  the  same  hereafter  as  now.  Randolph  replied 


VIRGINIA    CONVENTION    OF    1788.  267 

that  ex  post  facto  laws  applied  exclusively  to  criminal  cases  ;  that 
such  was  the  meaning  of  the  words  in  interpreting  treaties,  and 
it  was  so  understood  by  all  civilians. 

The  next  clause  of  the  section  concerning  the  inspection  laws 
was  read,  and  was  discussed  by  Mason,  Nicholas,  and  Madison. 

The  first  clause  of  the  first  section  of  the  second  article,  which 
provides  that  the  executive  power  shall  be  vested  in  a  President 
of  the  United  States  of  America,  who  shall  hold  his  office  during 
the  term  of  four  years,  and,  together  with  the  Vice-President, 
chosen  for  the  same  term,  be  elected  as  follows,  was  then  read. 
Mason  said  that  there  was  not  a  more  important  article  in  the 
Constitution  than  this.  The  great  fundamental  principle  of 
republicanism  is  here  sapped.  The  President  is  elected  without 
rotation.  It  is  said  that  you  may  remove  him  by  a  new  election, 
but  is  there  a  single  instance  of  a  great  man  not  being  re-elected? 
Our  governor  is  obliged  to  return  after  a  given  period  to  a  pri- 
vate station.  Your  President  is  in  office  for  life.  The  great 
powers  of  Europe  will  not  allow  you  to  change  him.  The  peo- 
ple of  Poland  have  a  right  to  displace  their  king;  but  will  Rus- 
sia and  Prussia  allow  them  ?  He  may  receive  a  pension  from 
European  powers.  One  of  those  powers,  since  the  Revolution, 
offered  emoluments  to  persons  holding  offices  under  our  govern- 
ment. I  should  be  contented  that  he  might  be  elected  for  eight 
years.  As  it  now  stands,  he  may  be  elected  for  life.  Your 
government  will  be  an  elective  monarchy.  The  gentleman  (Ran- 
dolph), my  colleague  in  the  late  Convention,  says  not  a  word 
about  those  parts  of  the  Constitution  which  he  denounced.  He 
will  excuse  me  for  repeating  his  own  arguments  against  this  dan- 
gerous clause."  Randolph  thought  that  he  had  mentioned  his 
objections  with  freedom  and  candour ;  but  he  believed  that  the 
Constitution,  in  the  present  state  of  affairs,  ought  to  be  adopted 
as  it  stands.  He  had  changed  his  opinion  on  this  clause,  be- 
lieving that  the  hope  of  a  re-election  would  stimulate  the  incum- 
bent to  direct  his  attention  to  his  country  instead  of  his  own 
private  gains.  The  President  was  excluded  from  receiving 
emoluments  from  foreign  powers.  It  was  impossible  to  guard 
better  against  corruption. 

Mason  said  that  the  Vice-President  was  not  only  an  unneces- 
sary but  a  dangerous  officer;  that  the  State  from  which  he  comes 
may  have  two  votes  when  the  others  have  but  one ;  that  he 


268  VIRGINIA   CONVENTION    OF    1788. 

blended  in  his  person  executive  and  legislative  functions  ;  that 
though  he  could  not  foresee  in  the  distance  of  time  the  conse- 
quences of  such  an  appointment,  he  feared  he  would  become  a 
tool  in  overturning  the  liberties  of  his  country.  He  objected 
that  as  the  Vice-President  was  to  succeed  the  President  in  certain 
contingencies,  and  as  there  was  no  provision  for  a  fresh  election 
of  a  President,  it  would  be  the  interest  of  the  Vice  President  to 
postpone  or  prevent  an  election.  Perhaps,  he  said,  he  might  be 
mistaken.  Madison  replied  that  there  were  some  peculiar  advan- 
tages incident  to  this  office,  that  he  would  probably  come  from 
one  of  the  larger  States,  and  his  vote  so  far  would  be  favorable ; 
that  he  approved  the  fact  that  he  would  be  the  choice  of  the  peo- 
ple at  large,  as  it  was  better  to  confer  this  power  on  a  person  so 
elected  than  on  a  senator  elected  by  a  single  State ;  that  he  also 
approved  of  the  power  which  authorized  Congress  to  provide 
against  the  death  of  the  President  and  the  Vice-President,  and  he 
saw  that  such  an  event  would  rarely  occur,  and  that  this  power, 
which  was  well-guarded,  kept  the  government  in  motion.  The 
House  then  adjourned. 

On  Wednesday,  the  eighteenth  of  June,  the  House  went  into 
committee,  Wythe  in  the  chair,  the  first  section  of  the  second 
article  still  under  consideration.  Monroe  addressed  the  com- 
mittee at  some  length,  contending  that  our  circumspection  in 
politics  should  be  commensurate  with  the  extent  of  the  powers 
granted  ;  that  the  President  ought  to  act  under  the  strongest 
impulses  of  rewards  and  punishments,  the  strongest  incentives  to 
human  actions;  that  there  were  two  ways  of  securing  this 
point — dependence  on  the  people  for  his  appointment  and  con- 
tinuation in  office,  and  responsibility  in  an  equal  degree  to  all 
the  States,  and  trial  by  dispassionate  judges.  He  proceeded  to 
show  in  detail  that  these  objects  were  not  secured  by  the  section 
under  discussion,  and  declared  that  the  person  first  elected  might 
continue  in  office  for  life.  He  argued  that  the  United  States 
might  become  the  arbiter  between  foreign  powers ;  that  vast 
territories  belonging  to  foreign  powers  adjoined  our  own,  and 
that  the  continuance  of  an  individual  in  office  might  be  important 
to  their  purposes,  and  that  corruption  would  ensue.  He  opposed 
the  office  of  Vice-President  as  unnecessary,  and  as  justly  amen- 
able to  the  objections  urged  by  Mason.  Grayson  followed,  and  in 
an  argument  of  uncommon  ingenuity  opposed  the  clause.  He 


VIRGINIA    CONVENTION    OF    1788.  269 

said  that  if  we  adverted  to  the  democratic,  aristocratical,  or  ex- 
ecutive branch  of  this  new  government,  we  would  find  their 
powers  perpetually  varying  and  fluctuating  throughout  the 
whole ;  that  the  democratic  branch  could  be  well  constructed  but 
for  this  defect ;  that  the  executive  branch  was  still  worse  in  this 
respect  than  the  democratic  ;  that  the  President  was  to  be  elected 
by  a  majority  of  electors,  but  that  the  principle  was  changed  in 
the  absence  of  that  majority,  when  the  election  was  to.be  decided 
by  States.  He  pointed  out  the  probability  of  the  interference 
of  foreign  powers,  and  instanced  in  detail  the  case  of  Sweden  ; 
and  adverted  to  the  motives  which  might  govern  France  and 
England  in  seeking  to  influence  the  election  of  President.  He 
sought  to  demonstrate  the  want  of  responsibility  in  the  Presi- 
dent; and  showed  by  an  elaborate  calculation  that  he  might  be 
elected  by  seventeen  votes  out  of  the  whole  number  of  one  hun- 
dred and  thirty-nine.  Mason  followed  in  corroboration  of  the 
views  of  Grayson.  He  said  that  it  had  been  wittily  remarked 
that  the  Constitution  married  the  President  and  the  Senate ;  and 
he  believed  that  the  usual  results  of  marriage  would  follow — 
they  would  be  always  helping  one  another.  There  could  be  no 
true  responsibility  in  such  a  case.  He  referred  to  the  trial  of 
Milo  at  Rome,  when  the  court  was  bristling  with  the  myrmidons 
of  the  executive.  Your  President,  he  said,  might  surround  the 
Senate  with  thirty  thousand  armed  men. 

Madison  rose  and  encountered  the  opposition  with  more  than 
his  usual  tact.  He  did  not  object  to  some  of  the  opinions  which 
had  been  advanced  in  detail ;  that  the  mode  of  electing  the  Pres- 
ident created  much  difficulty  in  the  general  Convention  ;  that 
gentlemen  who  opposed  the  mode  prescribed  by  the  Constitu- 
tion had  suggested  no  mode  of  their  own  ;  that  it  was  the  result 
of  a  compromise  between  the  large  and  the  small  States,  the 
large  States  having  the  opportunity  of  deciding  the  election  in 
the  first  instance,  and  the  small  States  in  the  last ;  that  the  gen- 
tleman last  up  erred  in  saying  that  there  must  be  a  majority  of 
the  whole  number  of  electors  appointed ;  .arid  that  a  majority  of 
votes,  equal  to  a  majority  of  the  electors  appointed,  will  be  suf- 
ficient. Mason  replied  and  Madison  rejoined. 

The  first  clause  of  the  second  section  of  the  second  article, 
which  provides  "  that  the  President  shall  be  commander-in-chief 
of  the  army  and  navy  of  the  United  States,  and  of  the  militia  of 


270  VIRGINIA   CONVENTION    OF    1788. 

• 

the  several  States,  when  called  into  the  actual  service  of  the 
United  States,"  &c.,  was  read.  Mason  did  not  object  to  the 
President's  being  the  official  head  of  the  army  and  navy,  but 
thought  that  he  ought  to  be  prohibited  from  commanding  in 
person  without  the  consent  of  Congress.  He  reminded  the  com- 
mittee of  what  Washington  could  have  done,  if  to  his  great  abil- 
ities and  popularity  he  had  added  the  ambition  of  the  mere 
soldier.  He  did  not  disapprove  of  the  President's  consulting 
the  executive  officers,  but  he  denounced  the  absence  of  a  regular 
and  responsible  council.  He  thought  the  President  ought  not 
to  have  an  unrestricted  liberty  of  pardoning,  as  he  might  pardon 
crimes  perpetrated  by  his  own  advisement  ;  and  he  should  be 
expressly  debarred  from  granting  pardons  before  conviction. 
"  It  may  happen,"  he  said,  "  at  some  future  day,  he  may  destroy 
the  republic  and  establish  a  monarchy."  Lee  observed  that  it 
did  not  follow  that  the  President  would  command  in  person.  He 
thought  the  pardoning  power  wisely  lodged  in  the  President. 
The  experience  of  New  York  was  in  favor  of  the  plan.  Mason 
observed  that  he  did  not  mean  that  the  President  was  of  necessity 
to  command  in  person,  but  that  he  might  do  so  when  he  pleased, 
and  that  if  he  were  an  ambitious  man,  he  might  make  a  dan- 
gerous use  of  his  position.  Nicholas  reminded  the  committee 
that  the  army  and  navy  were  to  be  raised,  not  by  the  President, 
but  by  Congress.  The  arrangement  was  the  same  in  our  State 
government,  where  the  governor  commanded  in  chief.  As  to 
possible  danger,  any  commander  might  pervert  what  was  intended 
for  the  public  safety.  The  President  went  out  every  four  years. 
Any  other  commander  might  have,  a  longer  term  of  office. 
Mason  denied  that  there  was  a  resemblance  between  the  Presi- 
dent and  the  governor.  The  latter  had  very  few  powers,  went 
out  every  year,  and  had  no  command  over  the  navy.  He  was 
comparatively  harmless.  The  danger  of  the  President  consisted 
in  the  union  of  vast  civil,  military,  and  naval  powers  in  a  single 
person,  without  proper  responsibility  and  control.  The  public 
liberty  had  been  destroyed  by  military  commanders  only.  Mad- 
ison, adverting  to  Mason's  objections  to  the  pardoning  power 
being  given  to  the  President,  said  it  would  be  extremely  improper 
to  vest  that  power  in  the  House  of  Representatives.  Such  was 
the  fact  in  Massachusetts,  and  it  was  found  in  the  case  of  the  late 
insurgents  that  the  House  at  one  session  was  for  universal  ven- 


VIRGINIA    CONVENTION    OF    1788.  271 

geance,  and  at  another  for  general  mercy.  He  said  one  great 
security  from  the  malfeasance  of  the  President  consisted  in  the 
power  of  impeaching  and  of  suspending  him  when  suspected. 
Mason  replied  that  the  seeming  inconsistency  of  the  Massachusetts 
House  of  Representatives  was  sound  policy.  It  was  wise  to 
punish  pending  the  rebellion,  and  to  pardon  when  it  was  past. 
Madison  rejoined  that  it  so  happened  that  both  sessions  of  that 
House  had  been  held  after  the  rebellion  was  over. 

The  second  clause  of  the  second  section  of  the  second  article, 
which  empowers  the  President  by  and  with  the  advice  and  con- 
sent of  the  Senate  to  make  treaties,  provided  two-thirds  of  the 
Senators  present  concur,  to  nominate  and,  by  and  with  the  advice 
and  consent  of  the  Senate,  to  appoint  ambassadors,  other  public 
ministers  and  consuls,  judges  of  the  Supreme  Court,  and  all  other 
officers  of  the  United  States,  with  certain  restrictions,  was  read. 
Mason  thought  this  a  most  dangerous  clause.  Five  States  could 
make  a  treaty.  Now  nine  States  were  necessary.  His  principal 
fear,  however,  was  not  that  five,  but  that  seven  States,  a  bare 
majority,  would  make  treaties  to  bind  the  Union.  Nicholas 
answered  that  we  were  on  a  more  safe  footing  in  this  Constitution 
than  under  the  Confederation.  The  possibility  of  five  States 
forming  a  treaty  was  founded  on  the  absence  of  the  Senators 
from  the  other  States.  The  absence  would  be  reciprocal.  It 
may  be  safely  presumed  that  in  important  cases  there  would  be  a 
full  attendance,  and  then  nine  States  would  be  necessary.  He 
thought  the  approbation  of  the  President,  who  was  elected  by  all 
the  States,  was  an  additional  security.  Mason  differed  widely 
from  the  gentleman.  He  conceived  that  the  contiguity  of  some 
States  and  the  remoteness  of  others  would  present  that  reciprocity 
to  which  Nicholas  alluded.  Some  States  were  near ;  others  were 
nine  hundred  miles  off.  Suppose  a  partial  treaty  made  by  the 
President.  He  has  a  right  to  convene  the  Senate.  Is  it  pre- 
sumable that  he  would  call  or  wait  for  distant  States  whose  inte- 
rests were  to  be  affected  by  the  treaty  ?  Nicholas  asked  if  it  was 
probable  that  the  President,  who  was  elected  by  the  people  of  all 
the  States,  would  sacrifice  the  interest  of  the  eight  larger  States 
to  accommodate  the  five  smallest  ?  Lee  compared  the  non- 
attendance  of  the  Senators  to  that  in  our  own  Legislature,  which 
consisted  of  one  hundred  and  seventy  members,  of  whom  eighty- 
six  were  a  majority  sufficient  to  form  a  House ;  and  of  that  House 


272  VIRGINIA    CONVENTION    OF    1788. 

% 

forty-four  would  make  a  majority.  He  asked  if  all  our  laws 
were  bad  because  forty-four  members  could  pass  them  ?  Madi- 
son wondered  that  gentlemen  could  think  that  foreign  nations 
would  be  willing  to  accept  a  treaty  made  by  collusion.  The 
President  would  instantly  be  impeached  and  be  convicted,  as  a 
majority  of  the  States  so  injured  would  try  the  impeachment. 
Henry  begged  the  committee  to  consider  the  condition  the 
country  would  be  in  if  two-thirds  of  a  quorum  could  alienate 
territorial  rights  and  our  most  valuable  commercial  advantages. 
The  treaty-making  power  of  this  new  scheme  exceeded  that  of 
any  other  nation  of  the  earth.  Gentlemen  were  going  on  in  a 
fatal  career,  but  he  hoped  they  would  stop  before  they  concede 
this  power  unguarded  and  unaltered.  Madison  said  that,  instead 
of  being  alarmed,  he  had  no  doubt  that  the  Constitution  would 
increase  rather  than  decrease  our  territorial  and  commercial 
rights,  as  it  would  augment  the  strength  and  respectability  of  the 
country.  If  treaties  are  to  have  any  efficacy  at  all  they  must  be 
the  law  of  the  land.  He  denied  that  the  country  could  be  dis- 
membered by  a  treaty  in  time  of  peace.  The  king  of  England 
could  make  a  treaty  of  peace,  but  he  could  not  dismember  the 
empire  or  alienate  any  part  of  it.  The  king  of  France  even  had 
no  such  right.  The  right  to  make  a  treaty  does  not  invoke  the 
right  of  dismembering  the  Union.  Henry  asked  how  the  power 
of  the  king  of  England  would  stand  in  respect  to  dismembering 
the  empire  if  treaties  were  the  supreme  law  of  the  land  ?  He 
would  confess  his  error  if  the  gentleman  would  prove  that  the 
power  of  the  king  and  that  of  the  Congress,  as  to  making  treaties, 
were  similar.  Madison  conceived  that  as  far  as  the  king  of 
England  had  a  constitutional  right  of  making  a  treaty,  such  a 
treaty  was  binding.  He  did  not  say  that  his  power  was  unlim- 
ited. One  exception  was  that  he  could  not  dismember  the 
empire. 

Grayson  rose  and  made  a  brilliant  and  characteristic  speech. 
After  pointing  out  the  difference  of  what  was  called  the  laws  of 
nations  in  various  countries  and  its  different  operations,  he  ex- 
pressed his  alarm  at  the  clause  under  discussion.  He  recurred 
to  the  dangers  to  which  the  right  of  navigating  the  Mississippi 
would  be  exposed,  by  surrendering  the  power  of  alienating  it  to 
the  very  States  which  had  sought  to  attain  their  object  by  over- 
leaping the  existing  Constitution.  He  declared  that  such  was 


VIRGINIA   CONVENTION    OF    1788.  273 

his  repugnance  to  the  alienation  of  a  right  so  dear  to  the  South, 
so  important  to  its  expansion  and  prosperity,  that,  if  the  new 
scheme  contained  no  other  defect,  he  would  object  to  it  on  this 
ground  alone. 

Nicholas,  if  with  less  elegance,  with  equal  vigor  of  logic,  re- 
plied to  Grayson.  He  criticised  with  severity  his  views  respect- 
ing the  laws  of  nations  ;  represented  his  arguments  derived  from 
the  risk  of  losing  the  navigation  of  the  Mississippi  as  a  renewal 
of  the  scuffle  for  Kentucky  votes,  and  argued  the  power  of  the 
king  of  England  and  of  the  Congress  in  respect  of  the  nature  of 
treaties  was  the  same.  In  each  country  it  was  equally  without 
limit.  In  each  it  was,  and  must  ever  be,  the  supreme  law  of  the 
land.  If  gentlemen  can  show  that  the  king  can  go  so  far,  I  will 
show  them  the  same  limitation  here.  If,  as  the  gentleman  says, 
the  weight  of  power  ought  to  be  with  the  South  because  we 
have  more  people  here,  then  these  people,  who  elect  the  Presi- 
dent, will  elect  a  man  who  will  attend  to  their  interests.  This  is 
a  sufficient  check. 

Henry  instanced  the  case  of  the  Russian  ambassador  in  Queen 
Anne's  time,  to  show  that  there  was  in  England  a  limit  to  the 
treaty-making  power.  The  emperor  demanded  that  the  man 
who  had  arrested  his  ambassador  should  be  given  up  to  him  to 
be  put  to  death.  Queen  Anne  wrote  with  her  own  hand  a  letter 
to  the  emperor,  in  which  she  declared  that  it  was  beyond  her 
power  to  surrender  a  British  subject  to  a  foreign  power.  We 
are  in  contact,  he  said,  with  Great  Britain  and  with  Spain.  It 
is  easy  to  define  your  rights  now.  Hereafter,  when  your  citizens 
are  charged  with  violating  a  treaty,  will  they  have  a  fair  trial  ? 
Will  the  laws  of  Virginia  protect  them  in  a  Federal  court?  He 
denied  that  the  same  checks  existed  in  the  new  scheme  as  existed 
in  England.  Can  the  king  violate  Magna  Charta  or  the  Bill  of 
Rights  by  a  treaty  ?  Even  the  king  of  France  calls  on  his  par- 
liament to  aid  him  in  the  making  of  treaties.  When  Henry  VI 
made  a  treaty  with  Sigismund,  king  of  Poland,  he  submitted  it 
to  parliament.  Here  we  have  only  the  President  and  the  Senate. 

Randolph  availed  himself  of  the  concession  of  Henry,  that  if 
the  treaty-making  power  were  put  on  as  good  footing  here  as  in 
England,  he  would  consent  to  the  power,  because  there  the  king 
had  a  limit  to  his  power  ;  and  showed  the  restraints  placed  upon 
the  President  and  Senate.  Would  they  seek  to  overturn  the 


274  VIRGINIA    CONVENTION    OF    1788. 

very  government  of  which  they  were  the  creatures  ?  He  defied 
any  one  to  show  how  the  treaty  power  could  be  limited.  As  for 
dismembering  a  State,  the  Constitution  expressly  declares  that 
nothing  contained  therein  shall  prejudice  any  claims  of  the 
United  States  or  of  any  particular  State.  The  House  then  ad- 
journed. 

On  Wednesday,  the  eighteenth  of  June,  the  House  went  into 
committee,  Wythe  in  the  chair,  and  the  second  clause  of  the 
second  section  of  the  second  article  still  under  consideration. 
Grayson  took  the  floor.  He  adverted  to  the  imminent  risk  of 
losing  the  Mississippi  by  the  adoption  of  the  clause  in  debate  ; 
showed  that  the  words  of  the  Constitution  quoted  by  Randolph 
as  a  protection  to  the  territorial  rights  of  the  States  applied  ex- 
clusively to  the  titles  held  by  the  different  States  to  the  back 
lands  ;  and  replied  to  the  arguments  of  Nicholas  in  refutation  of 
his  views  of  the  nature  of  the  law  of  nations.  He  laid  it  down 
as  a  principle  that  a  nation,  like  an  individual,  can  renounce  any 
particular  right,  and,  to  show  that  the  Mississippi  might  be  given 
up,  he  mentioned  the  case  of  the  Scheldt  which  was  surrendered 
by  the  treaty  of  Munster.  Nicholas  made  an  elaborate  argu- 
ment to  prove  that  there  was  no  limit  to  the  treaty-making 
power  in  England,  and  quoted  directly  in  point  the  authority  of 
Blackstone,  who  adds  that  the  ministers  who  advised  a  bad 
treaty  could  be  punished  by  impeachment.  Here  we  can  im- 
peach the  President  himself  In  each  country  the  treaty  is  the 
supreme  law  of  the  land  ;  but  under  the  new  Constitution  only 
such  treaties  are  binding  as  are  made  under  the  authority  of  the 
United  States,  which  authority  is  bounded  by  that  instrument. 
He  argued  that  the  case  of  the  Russian  ambassador  did  not  ap- 
ply. It  had  no  relation  to  a  treaty.  It  was  an  offence  against 
the  law  of  nations,  and  Great  Britain  immediately  passed  an  act 
which  punished  such  offences  in  future  committed  within  her 
own  limits. 

Corbin  then  rose,  and  in  a  capital  speech,  in  which  he  exhibited 
great  perspicacity  in  anticipating  the  real  action  of  the  Federal 
Government,  supported  the  Constitution.  He  enforced  some  of 
the  arguments  urged  by  Nicholas,  and  in  order  to  prove  that  a 
treaty  was  the  supreme  law  in  England,  he  said  he  would  con- 
firm it  by  a  circumstance  fresh  in  the  memory  of  every  body. 
When  our  treaty  of  peace  was  made  by  England,  Parliament 


VIRGINIA    CONVENTION   OF    1788.  275 

disapproved  of  it,  and  the  ministry  was  turned  out ;  but  the 
treaty  was  good.  The  great  distinction  in  our  favor  was  that 
while  in  England  the  minister  only  was  responsible,  here  the 
President  in  person  was  responsible.  Treaties  must  not  be  bind- 
ing at  all— that  is,  we  must  have  no  treaties — or  they  must  be 
binding  altogether,  or  the  country  would  be  involved  in  perpetual 
war  with  foreign  powers,  and  lose  all  the  advantages  of  commer- 
cial intercourse.  He  drew  a  distinction  between  common  and 
commercial  treaties.  By  the  first,  if  territory  was  dismembered, 
the  people  of  Kentucky,  for  instance,  would  be  justified  by  the 
laws  of  nations  in  resisting  the  treaty  ;  by  the  last,  the  House  of 
Representatives  would  act,  because  of  the  necessity  of  the  pas- 
sage of  laws  adapted  to  the  state  of  the  case.  He  said  that  the 
treaty-making  power  was  amply  guarded.  If  we  are  told  that 
five  States  can  make  a  treaty,  we  answer  that  three  States  can 
prevent  it  from  being  made.  If  the  whole  twenty-eight  members 
are  present,  and,  as  men  are  apt  to  attend  to  their  interests,  it  is 
fair  to  presume  that  they  will  be,  then  it  will  require  nineteen 
to  make  a  treaty,  which  is  one  member  more  than  the  nine 
States  required  by  the  Confederation,  Henry  said  that  the  gen- 
tleman had  fallen,  unconsciously  he  knew,  into  an  error  when 
he  said  that  the  treaty  of  peace  was  binding  on  the  nation  though 
disapproved  by  Parliament.  Did  not  an  act  pass  acknowledging 
the  independence  of  America  ?  No  cession  of  territory  is  bind- 
ing in  England  without  the  authority  of  an  act  of  Parliament. 
Will  it  be  so  here?  They  will  tell  you  that  they  are  omnipotent 
on  this  point. 

Madison  then  pronounced  an  admirable  disquisition  on  the 
treaty- making  power.  He  showed  that  this  power  was  exactly 
the  same  under  the  Confederation  and  under  the  Constitution ; 
that  the  exercise  of  this  power  must  always  be  consistent  with 
the  object  which  it  was  delegated  to  attain ;  that,  as  this  power 
could  only  be  exercised  with  foreign  nations,  its  objects  must  be 
external ;  that,  as  it  is  impossible  to  foresee  all  our  relations  with 
other  nations,  so  it  would  be  imprudent  to  limit  our  capacity  of 
action  in  regard  to  them  ;  that,  in  transactions  with  foreign  coun- 
tries, it  is  fair  to  presume  that  we  would  prefer  our  own  interests 
and  honor  to  theirs,  and  not  wantonly  sacrifice  the  rights  of 
our  people ;  and  the  minister  who  negotiates  the  treaty,  who  is 
indeed  our  President,  is  liable  to  be  punished  in  person  for  mal- 


276  VIRGINIA   CONVENTION    OF    1788. 

feasance.  He  said  the  case  of  the  Russian  ambassador  was  not 
applicable  to  the  subject  any  more  than  other  quotations  made 
by  the  gentleman  (Henry).  Corbin  admitted  that  an  act  of  Par- 
liament did  pass  acknowledging  the  independence  of  America, 
but  said  that  there  was  nothing  about  the  fisheries  in  that  act, 
yet  that  part  of  the  treaty  relating  to  them  was  binding.218 

We  now  approach  a  theme  which,  in  itself  considered,  pos- 
sessed an  importance  in  the  eyes  of  our  fathers  that  language 
would  vainly  attempt  to  measure,  which  was  discussed  with  a 
fullness  of  learning,  with  a  keenness  of  logic,  and  with  a  glow  of 
eloquence  that  it  might  well  elicit,  and  which,  though  technical, 
and  seen  through  a  vista  of  seventy  years,  cannot  fail  to  strike  a 
responsive  chord  in  the  breasts  of  every  true  son  and  daughter 
of  our  noble  Commonwealth.  But,  added  to  its  own  intrinsic 
dignity,  it  now  received  an  additional  interest  derived  from  the 
state  of  the  contest  between  the  friends  and  the  opponents  of  the 
Constitution.  It  was  to  be  the  last  battle-ground  of  the  parties 
into  which  the  Convention  was  in  nearly  equal  proportions 
divided,  and  from  which  the  members  were  to  pass  to  the  final 
vote. 

In  reviewing  the  discussions  of  the  Convention  we  should  not 
forget  that  the  experience  of  seventy  years,  derived  from  a  minute 
observation  of  the  workings  of  a  political  system,  will  place  a 
child  apparently  on  the  same  level  with  a  giant,  and  the  merest 
tyro  in  politics  with  a  Somers  or  a  Mason ;  and  we  should  espe- 
cially remember  that  time  was  an  element  in  the  calculations  of 
our  ancestors  ;  that  seventy  years  bears  to  the  life  of  a  nation  no 
greater  proportion  than  a  single  year  bears  to  the  life  of  an  indi- 
vidual, and  that  the  fears  and  gloomy  predictions  uttered  by  the 
opponents  of  the  Constitution  have,  by  the  vigilance  and  caution 
which  they  inspired,  operated  in  a  material  degree  in  preventing 
their  own  fulfillment.  As  no  two  complicated  political  systems 
which  were  identical  in  all  their  relations  and  circumstances  ever 
did  or  can  exist,  the  wisest  statesmen  in  predicting  their  opera - 


218  Corbin  was  probably  present  in  the  House  of  Commons  when  the 
treaty  was  under  discussion.  The  lovers  of  Fox  must  always  deplore 
his  unprincipled  and  factious  opposition  to  the  treaty,  and  the  iniqui- 
tous coalition  with  Lord  North,  which  succeeded  in  turning  out  Lord 
Shelburnejfor  his  approval  of  the  treaty.  To  this  day  that  coalition 
stands  alone  in  its  deformity  and  in  the  contempt  and  scorn  of  mankind. 


VIRGINIA   CONVENTION    OF    1788.  277 

tion  can  only  judge  from  the  general  experience  of  the  past. 
Hence  arguments  and  analogies,  hopes  and  fears,  which  seem 
chimerical  now,  might  have  had  great  weight  with  men  who  were 
quite  as  wise  and  as  bold  as  those  who  have  succeeded  them,  and 
who  were  more  intimately  acquainted  with  the  difficulties  of 
their  age  than  it  was  possible  for  their  successors  to  be.  Another 
great  element  which  pervaded  the  reasonings  both  of  the  friends 
and  enemies  of  the  new  scheme  consisted  in  the  belief  that,  as 
the  State  governments,  even  when  they  drew  a  revenue  from 
imposts,  relied  mainly  for  their  support  on  direct  taxation,  such 
would  also  be  the  case  with  the  Federal  Government.  The 
immense  revenue  which  has  flowed  from  the  customs  and  from 
the  sales  of  western  lands  into  the  Federal  treasury,  was  not  fore- 
seen in  its  full  extent  by  either  of  the  great  parties.  It  is  true 
that  both  looked  to  a  revenue  from  the  customs  ;  but  while  the 
ablest  statesmen  on  either  side  agreed  that  the  revenue  from  cus- 
toms would  increase  for  a  limited  period,  the  friends  of  the  new 
system  contended  that  the  period  when  the  increase  from  that 
source  would  determine,  was  not  very  remote.219  But  the  states- 
man who  would  have  ventured  to  predict  that  in  half  a  century 
the  customs  of  a  single  year  would  equal  the  amount  of  the  entire 
debt  of  the  Revolution,  would  have  been  derided  as  a  vain  theo- 
rist, or  a  wild  babbler  who  sought  to  mislead  other  minds  by  the 
absurd  creations  of  his  own.  The  low  rate  of  duties  which  the 
principal  friends  of  the  Constitution  fixed  upon  as  the  standard 
for  the  customs,  indicates  what  was  anticipated  from  that  source.220 
And  the  result  was  that  both  parties  looked  to  direct  taxation  as 
the  source  from  which  the  income  of  the  new  government  would 
accrue.  Their  arguments  were  based  on  this  supposition;  and  it 
can  hardly  be  doubted  that,  if  direct  taxation  had  been  the  prin- 

219  See  a  previous  debate  between  Grayson,   Madison,  and  Corbin. 
Grayson  argued  that  the  period   of  decline  would  be  very  remote; 
Madison,  that  the  highest  point  would  be  reached  in  less  time  than  that 
specified  by  Grayson,  when  the  duties  would  begin  to  decline.     Corbin 
showed  by  arithmetical  calculations  that  the  revenue  from  the  customs 
would  immediately  become  a  handsome  source  of  revenue. 

220  Pendleton,  as  late  as  1792,  thought  five  per  cent,  high  enough  ;  and  "• 
Grayson  thought  that  two  and  a  half  per  cent,  would,  by  preventing 
smuggling,  put  more  money  into  the  treasury.     Grayson,  supra,  and 
Pendleton's  letter  on  the  tariff. 


278  VIRGINIA  CONVENTION   OF    1788. 

cipal  source  of  the  Federal  revenue,  and  the  rate  of  expenditure 
under  the  Constitution  had  been  the  same,  the  most  dismal  vati- 
cinations would  have  been  verified,  and  the  union  would  scarcely 
have  survived  a  quarter  of  a  century.  And  it  may  be  safely 
affirmed  that  the  calamities  predicted  by  our  fathers  have  been 
averted,  and  the  union  preserved  safe  to  our  times,  not  so  much 
in  consequence  of  the  provisions  of  the  Constitution,  as  of  the 
source  from  which  the  principal  revenue  has  accrued. 

But  the  prospect  which  was  presented  in  the  year  1788  was 
widely  different.  The  unlimited  power  of  direct  taxation  was  to 
be  ceded  to  the  new  government,  and  the  Congress  was  to  be 
empowered  to  pass  such  laws  as  might  be  deemed  necessary  to 
carry  it  into  effect.  And  what  increased  the  general  anxiety  was, 
that  those  laws  were  to  be  enforced  by  tribunals  appointed  by 
the  Federal  authority,  responsible  to  that  authority,  and  wholly 
beyond  the  reach  of  the  government  of  the  State.  The  citizen 
who  had  heretofore  looked  with  confidence  to  his  own  General 
Assembly  for  protection,  now,  when  the  land  was  to  be  overrun 
with  Federal  judges,  Federal  sheriffs,  Federal  constables,  and 
Federal  jails,  and  when  he  needed  that  protection  most,  would 
look  in  vain. 

From  these  apprehensions,  however,  it  was  possible  to  escape. 
The  citizen  who  had  satisfied  the  full  demands  of  the  Federal 
sheriff,  and  who  was  so  fortunate  as  not  to  owe  a  dollar,  might 
be  safe.  The  dangers  which  beset  that  epoch  were  peculiar  to  a 
people  who  had  just  passed  through  a  revolution  of  eight  years, 
and  are  not  likely  to  occur  again  ;  but  they  then  presented  an 
aspect  so  fearful  as  to  fill  the  most  dispassionate  statesman  with 
alarm.  These  dangers  were  such  that  no  effort  of  an  individual 
could  elude  them,  and  which  threatened  whole  communities  with 
ruin.  Extensive  grants  of  land,  made  under  the  royal  govern- 
ment, had  been  confiscated  by  the  State,  and  in  the  lapse  of 
twelve  years  had  been  purchased  and  settled  by  active,  indus- 
trious, and  brave  men,  who  had  encountered  the  terrors  of  the 
wilderness,  had  driven  back  the  savage,  had  cleared  farms,  and 
had  built  homes  for  their  families.  Every  foot  of  these  lands 
were  now  in  jeopardy.  Every  farmer  in  the  Northern  Neck  was 
liable  to  be  dragged  into  a  Federal  court,  to  be  evicted  from  his 
home,  and  to  be  cast  with  his  wife  and  children  on  the  world. 
Every  farmer  of  the  valley  of  Virginia,  from  the  summit  of  the 


VIRGINIA    CONVENTION    OF    1788.  279 

Blue  Ridge  to  the  summit  of  the  Alleghany,  was  in  equal  peril. 
The  claims  of  the  Indiana  Company,  if  established  by  the  Federal 
court,  would  involve  thousands  of  poor,  honest,  but  high-spirited 
men,  who  had  fought  gallantly  during  the  war,  in  total  ruin. 
Federal  decisions  involving  such  results  could  only  be  enforced 
by  the  bayonet,  and  civil  war,  deplorable  as  it  must  ever  be,  was 
one  only  of  the  evils  that  might  flow  from  a  resort  to  arms. 
The  Commonwealth  might  be  cut  in  twain.  There  might  arise 
in  the  West  a  new,  enterprising,  and  warlike  State,  which,  sus- 
tained by  the  valor  and  skill  of  the  soldiers  who  had  been  trained 
in  the  Indian  wars  and  in  the  Revolution,  and  who  had  made,  or 
might  make,  Kentucky  their  home,  and  upheld  by  the  willing 
aid  of  England  in  the  North  and  of  Spain  in  the  South,  would 
not  only  bid  defiance  to  the  laws  of  the  Federal  Government, 
but  might  succeed  in  confining  the  boundaries  of  the  States  to 
the  eastern  slopes  of  the  Blue  Ridge.  Wise  statesmen,  who  saw 
the  extent  of  the  public  peril,  cautiously  withheld  any  open 
expression  of  their  opinions,  but  sought  in  private  to  contravene 
the  dreaded  calamity  as  far  as  was  within  their  power.  The 
intensity  of  a  great  crisis  is  not  always  to  be  estimated  by  the 
causes  which  produced  it;  and  fearful  as  was,  in  the  opinion  of 
many,  the  surrender  of  the  purse  and  the  sword,  the  surrender 
of  the  right  of  trial  involving  men's  lives  and  lands  seemed  more 
fearful  still. 

Another  topic  which  created  no  little  anxiety  in  the  minds  of 
those  who  were  now  to  discuss  the  judiciary  department  of  the 
new  system  was  the  payment  of  the  British  debts.  The  pay- 
ment of  these  debts,  estimated  at  several  millions  of  dollars,221 
and  deemed  by  many  judicious  persons  a  harsh  measure  in 
itself,  might  prove  a  fruitful  source  of  annoyance  to  the  people. 
These  debts  had  been  confiscated  by  the  State,  had  been  paid  in 
whole  or  in  part  into  the  public  treasury,  and  were  claimed  by 
foreigners.  The  debtors  might  then  be  brought  into  a  Federal 
court  held  hundreds  of  miles  from  their  homes,  and  forced  to 
pay  those  debts  a  second  time,  and  in  coin.  As  these  debts  were 

221 1  have  never  been  able  to  make  up  my  mind  as  to  the  true  amount 
of  the  British  debts.  Some  estimate  it  at  ten  millions.  If  this  estimate 
was  made  on  the  value  of  a  paper  currency  before  that  currency  began 
to  decline  rapidly,  it  may  be  not  far  from  the  mark.  I  am  disposed  to 
think  that  three  millions  of  dollars  in  coin  would  cover  the  amount. 


280  VIRGINIA   CONVENTION   OF    1788. 

owed  by  Eastern  men,  the  subject  of  the  new  judiciary  had  a 
relation  to  them  in  this  respect  alone  as  delicate  and  as  personal 
as  to  the  people  of  the  West. 

None  saw  the  difficulties  of  the  crisis  more  distinctly  than  the 
friends  of  the  Constitution,  or  could  have  adopted  a  safer  line  of 
policy.  The  judiciary  department  of  the  new  system  must  be 
introduced  to  the  committee  by  one  of  their  number,  and  under 
the  most  favorable  auspices.  Its  virtues  should  be  carefully  and 
deliberately  set  forth,  its  defects  even  pointed  out,  and  the  mode 
of  amending  those  defects  prescribed ;  and  this  office  must  de- 
volve on  an  individual  who  to  eminent  skill  as  a  debater,  as  a 
lawyer,  and  as  a  judge,  should  add  the  authority  of  high  charac- 
ter and  great  services.  In  a  body  of  which  Pendleton  was  a 
member  there  could  be  no  hesitation  in  the  choice  of  the  proper 
person.  His  years,  his  weakness,  the  frail  tenure  which  seemed 
to  hold  him  to  life,  would  impart  to  his  opinions  on  a  subject 
peculiarly  his  own  the  weight  of  a  parting  benediction.  Ac- 
cordingly, as  soon  as  the  first  and  second  sections  of  the  third 
article  were  read,222  though  showing  in  his  face  the  effects  of  re- 


222  "SEC.  I.  The  judicial  power  of  the  United  States  shall  be  vested 
in  one  supreme  court,  and  in  such  inferior  courts  as  Congress  may  from 
time  to  time  ordain  and  establish.  The  judges,  both  of  ihe  supreme 
and  inferior  courts,  shall  hold  their  offices  during  good  behavior,  and 
shall  at  stated  times  receive  for  their  services  a  compensation,  which 
shall  not  be  diminished  during  their  continuance  in  office. 

"SEC.  II.  The  judicial  power  shall  extend  to  all  cases,  in  law  and 
equity,  arising  under  this  Constitution,  the  laws  of  the  United  States, 
and  treaties  made,  or  which  shall  be  made  under  their  authority  ,  to 
all  cases  affecting  ambassadors,  other  public  ministers  and  consuls ; 
to  all  cases  of  admiralty  and  maritime  jurisdiction  ;  to  controversies 
to  which  the  United  States  shall  be  a  party  ;  to  controversies  between 
two  or  more  States,  between  a  State  and  the  citizens  of  another  State, 
between  citizens  of  different  States,  between  citizens  of  the  same  State 
claiming  lands  under  grants  of  different  States,  and  between  a  State, 
or  the  citizens  thereof,  and  foreign  States,  citizens  or  subjects. 

"  In  all  cases  affecting  ambassadors,  other  public  ministers  and  consuls, 
and  those  in  which  a  State  shall  be  a  party,  the  supreme  court  shall 
have  original  jurisdiction.  In  all  the  other  cases  before  mentioned,  the 
supreme  court  shall  have  appellate  jurisdiction,  both  as  to  law  and 
fact,  with  such  exceptions,  and  under  such  regulations  as  the  Congress 
shall  make. 

"The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be  by 


VIRGINIA   CONVENTION    OF    1788.  281 

cent  illness,  this  venerable  man  was  assisted  to  his  crutches,  and 
forthwith  addressed  the  Chair.  Nor  did  he  ever  deliver,  in  the 
vigor  of  health  and  in  the  height  of  his  fame,  a  more  ingenious 
or  a  more  conclusive  speech.  He  had  studied  the  subject  with 
the  strictest  attention,  had  analyzed  with  inimitable  tact  the  va- 
rious powers  ceded  to  the  judiciary,  had  scanned  the  defects  of 
the  system  as  he  had  scanned  its  perfections,  and  delivered  a 
speech  which,  even  in  the  meagre  shreds  that  have  come  down 
to  us,  displays  the  attributes  of  a  consummate  debater  in  admi- 
rable juxtaposition  with  those  of  an  accomplished  judge.  He 
began  by  saying  that,  in  a  former  review  of  the  Constitution  at 
large,  he  had  mentioned  the  necessity  of  making  the  judiciary 
an  essential  part  of  the  government ;  that  it  was  necessary  to 
arrest  the  executive  arm,  to  prevent  arbitrary  punishments,  to 
guard  the  innocent,  to  punish  the  guilty,  to  protect  honesty  and 
industry,  and  to  punish  violence  and  fraud.  Conceding,  then, 
that  a  judiciary  was  necessary,  it  must  also  be  conceded  that  it 
must  be  co-extensive  with  the  legislative  power,  and  extend  to 
all  parts  of  the  society  intended  to  be  governed.  It  must  be  so 
arranged  that  there  shall  be  some  court  which  will  be  the  central 
point  of  its  operations ;  and  for  the  plain  reason  that  all  the  busi- 
ness cannot  be  done  at  the  central  point,  there  must  be  inferior 
courts  to  carry  it  on.  The  first  clause  contains  an  arrangement 
of  the  courts — one  supreme,  and  such  inferior  as  Congress  may 
ordain  and  establish.  This  is  highly  proper.  Congress  will  be 
the  judge  of  the  public  convenience,  and  may  change  and  vary 
the  inferior  courts  as  experience  shall  dictate.  It  would  there- 
fore have  been  not  only  improper,  but  exceedingly  inconvenient 
to  fix  the  arrangement  in  the  Constitution  itself,  instead  of  leav- 
ing it  to  be  changed  according  to  circumstances.  He  then  ex- 
pressed an  opinion,  which  was  confirmed  in  the  same  debate  by 
Madison,  and  which  may  seem  strange  in  our  times,  that  the  first 
experiment  would  probably  be  to  appoint  the  State  courts  to 
have  the  inferior  Federal  jurisdiction,  as  such  a  plan  would  give 
general  satisfaction  and  promote  economy.  But  even  this  eligi- 
ble mode  experience  may  furnish  powerful  reasons  for  changing, 


jury  ;  and  such  trial  shall  be  held  in  the  State  where  the  said  crimes 
shall  have  been  committed  ;  but  when  not  committed  within  any  State, 
the  trial  shall  be  at  such  place  or  places  as  the  Congress  may  by  law 
direct." 


282  VIRGINIA*  CONVENTION    OF    1788. 

and  Congress  very  properly  possesses  the  power  to  alter  the  ar- 
rangement. He  said  this  clause  also  secures  the  independence 
of  the  judges,  both  as  to  tenure  of  office  and  pay  of  salary ;  and 
he  wished  it  had  extended  to  increase  as  well  as  diminution. 
When  he  had  enumerated  and  dwelt  upon  the  subject  of  the 
jurisdiction  of  the  supreme  court,  he  concluded  that  the  necessity 
and  propriety  of  Federal  jurisdiction  in  such  general  cases' would 
be  obvious  to  all.  He  adverted  to  the  second  clause  of  the  section 
which  settles  the  original  jurisdiction  of  the  supreme  court,  and 
confines  it  to  ambassadors,  ministers,  and  consuls,  and  to  cases 
in  which  a  State  shall  be  a  party.  And  here  he  sought  to  an- 
ticipate an  objection  which  he  knew  would  be  urged  by  his  op- 
ponents, by  showing  that,  though  the  original  jurisdiction  was 
limited  to  the  objects  mentioned,  yet  Congress  may  go  farther 
and  exclude  its  original  jurisdiction  by  limiting,  for  obvious  and 
beneficial  purposes,  the  cases  in  which  it  shall  be  exercised. 
Yet  the  Legislature  cannot  extend  its  original  jurisdiction.  He 
then  dwelt  on  the  appellate  jurisdiction  of  the  court.  He  said 
that  it  was  necessary,  in  all  free  systems,  to  allow  appeals  under 
certain  circumstances,  in  order  to  prevent  injustice  by  correcting 
the  erroneous  decisions  of  inferior  tribunals,  and  to  introduce 
uniformity  in  decisions.  This  appellate  jurisdiction  was  mani- 
festly proper,  and  could  not  have  been  objected  to,  if  the  Consti- 
tution had  not  unfortunately  contained  the  words,  "  both  as  to 
law  and  fact."  He  sincerely  wished  these  words  had  been  buried 
in  oblivion  ;  if  they  were,  the  strongest  objection  against  the 
section  would  have  been  removed.  He  would  give  his  free  and 
candid  sentiments  on  the  subject.  "We  find,"  he  said,  "these 
words  followed  by  others,  which  remove  a  great  deal  of  doubt: 
'  With  such  exceptions  and  under  such  regulations  as  Congress 
shall  make.'  So  that  Congress  may  make  such  regulations  as 
the  public  convenience  may  require." 

"  Let  us  consider  the  appellate  jurisdiction,  if  these  words  had 
been  left  out.  The  general  jurisdiction  must  embrace  decrees  in 
chancery  and  admiralty,  and  judgments  in  courts  of  common 
law,  in  the  ordinary  practice  of  this  appellate  jurisdiction. 
When  there  is  an  appeal  from  the  inferior  court  to  the  court  of 
chancery,  the  appellate  jurisdiction  goes  to  law  and  fact,  because 
the  whole  testimony  appears  in  the  record.  The  court  proceeds 
to  consider  the  circumstances  of  both  law  and  fact  blended 


VIRGINIA    CONVENTION    OF    1788.  283 

together,  and  then  decrees  according  to  equity.  This  must  be 
unexceptionable  to  everybody.  How  is  it  in  appeals  from  the 
admiralty  ?  That  court,  except  in  some  cases,  proceeds  as  a 
court  of  chancery.  In  some  cases  they  have  trials  by  jury.  But 
in  most  cases  they  proceed  as  in  chancery.  They  consider  all 
the  circumstances,  and  determine  as  well  what  the  fact  as  what 
the  law  is.  When  this  goes  to  the  superior  court,  it  is  deter- 
mined in  the  same  way.  Appeals  from  the  common  law  courts 
involve  the  consideration  of  facts  by  the  superior  court,  when 
there  is  a  special  verdict.  They  consider  the  fact  and  the  law 
together,  and  decide  accordingly.  But  they  cannot  introduce 
new  testimony.  When1  a  jury  proceeds  to  try  a  cause  in  an 
inferior  court,  a  question  may  arise  on  the  competency  of  a 
witness,  or  some  other  testimony.  The  inferior  court  decides 
that  question.  They  either  admit  or  reject  that  evidence.  The 
party  intending  to  object  states  the  matter  in  a  bill  of  exceptions. 
The  jury  then  proceeds  to  try  the  cause  according  to  the  judg- 
ment of  the  inferior  court  ;  and,  on  appeal,  the  superior  court 
determines  upon  the  judgment  of  the  inferior  court.  They  do 
not  touch  the  testimony.  If  they  determine  that  the  evidence 
was  either  improperly  admitted  or  rejected,  they  set  aside  the 
judgment,  and  send  back  the  cause  to  be  tried  again  by  a  jury 
in  the  same  court.  These  are  the  only  cases  in  appeal  from 
inferior  courts  of  common  law  where  the  superior  court  can 
even  consider  facts  incidentally.  I  feel  the  danger,  he  said,  as 
much  as  any  gentleman  in  this  committee,  of  carrying  a  party  to 
the  Federal  court  to  have  a  trial  there.  But  it  appears  to  me 
that  it  will  not  be  the  case  if  that  be  the  practice  I  have  now 
stated;  and  that  that  is  the  practice  must  be  admitted.  The 
appeals  may  be  limited  to  a  certain  sum.  You  cannot  prevent 
appeals  without  great  inconvenience.  But  Congress  can  'prevent 
that  dreadful  oppression  which  would  enable  many  men  to  have 
a  trial  in  the  Federal  court,  which  is  ruinous.  Congress  may 
make  regulations  which  will  render  appeals  as  to  law  and  fact 
proper  and  perfectly  inoffensive.  If  I  thought  that  there  was  a 
possibility  of  danger  I  would  be  alarmed  ;  but  when  I  consider 
who  Congress  are,  I  cannot  conceive  that  they  will  subject  the 
citizens  to  oppressions  of  that  dangerous  kind."  When  he  had 
arrived  at  that  point  of  his  argument  when  the  trial  by  jury,  and 


284:  VIRGINIA   CONVENTION   OF    1788. 

that  trial  to  be  held  in  the  State  where  the  offence  was  committed, 
was  considered,  his  voice  failed,  and  he  resumed  his  seat. 

Mason  then  spoke.  He  had  cherished  the  hope,  he  said,  that 
the  warmest  friends  of  the  Constitution  would  have  pointed  out 
the  important  defects  of  the  judiciary ;  and,  as  it  was  not  in  his 
line,  he  would  have  held  his  peace,  if  he  were  not  convinced  that 
it  was  so  constructed  as  to  destroy  the  dearest  rights  of  the  com- 
munity. Having  read  the  first  section,  he  inquired,  what  is  there 
left  to  the  State  courts?  What  remains?  There  is  no  limitation. 
The  inferior  courts  are  to  be  as  numerous  as  Congress  may  think 
proper.  All  the  laws  of  the  United  States  are  paramount  to  the 
laws  and  the  Constitution  of  Virginia.  "The  judicial  power 
shall  extend  to  all  cases  in  law  and  equity  arising  under  this 
Constitution."  What  objects  will  not  be  comprehended  by  this 
provision?  Such  laws  may  be  framed  as  will  include  every 
object  of  private  property.  When  we  consider  the  nature  and 
the  operation  of  these  courts,  we  must  conclude  that  they  will 
destroy  the  State  governments.  As  to  my  own  opinion,  he  said, 
I  most  religiously  and  conscientiously  believe  that  it  was  the 
intention  to  weaken  the  State  governments,  to  make  them  con- 
temptible, and  then  to  destroy  them.  But,  whatever  may  have 
been  the  intention,  I  think  that  it  will  destroy  the  State  govern- 
ments. There  are  many  gentlemen  in  the  United  States  who 
think  it  right  that  we  should  have  one  great  consolidated  govern- 
ment, and  that  it  was  better  to  bring  it  about  slowly  and  imper- 
ceptibly than  all  at  once.  This  is  no  reflection  on  any  man,  for 
I  mean  none.  I  know  from  my  own  knowledge  that  there  are 
many  worthy  gentlemen  of  this  opinion.  (Here  Madison  inter- 
rupted Mason,  and  demanded  an  unequivocal  explanation.  As 
those  insinuations  might  create  a  belief  that  every  member  of 
the  late  Federal  Convention  was  of  that  opinion,  he  wished  him  to 
tell  to  whom  he  alluded.)  Mason  replied  :  "  I  shall  never  refuse 
to  explain  myself.  It  is  notorious  this  is  a  prevailing  principle. 
It  was  at  least  the  opinion  of  many  gentlemen  in  Convention, 
many  in  the  United  States.  I  do  not  know  what  explanation 
the  honorable  gentleman  asks.  I  can  say  with  great  truth  that 
the  honorable  gentleman,  in  private  conversation  with  me,  ex- 
pressed himself  against  it.  Neither  did  I  ever  hear  any  of  the 
delegates  from  this  State  advocate  it."  Madison  declared  him- 


VIRGINIA   CONVENTION    OF    1788.  285 

self  satisfied  with  this,  unless  the  committee  thought  themselves 
entitled  to  ask  a  further  explanation.223 

Mason  continued  :  "  I  have  heard  that  opinion  advocated  by 
gentlemen  for  whose  abilities,  judgment,  and  knowledge  I  have 
the  highest  reverence  and  respect.  I  say  that  the  general  de- 
scription of  the  judiciary  involves  the  most  extensive  jurisdic- 
tion. Its  cognizance  in  all  cases  arising  under  that  system,  and 
the  laws  of  Congress,  may  be  said  to  be  unlimited.  In  the  next 
place  it  extends  to  treaties  made,  or  which  shall  be  made,  under 
their  authority.  This  is  one  of  the  powers  that  ought  to  be  given 
them.  I  also  admit  that  they  ought  to  have  judicial  cognizance 
in  all  cases  affecting  ambassadors,  public  ministers,  and  consuls, 
as  well  as  in  cases  of  maritime  jurisdiction.  The  next  power  of 
the  judiciary  is  also  necessary,  under  some  restrictions.  Though 
the  decision  of  controversies  to  which  the  United  States  shall  be 
a  party,  may  at  first  view  seem  proper,  it  may,  without  restraint, 
be  extended  to  a  dangerously  oppressive  length.  The  next,  with 
respect  to  disputes  between  two  or  more  States,  is  right.  I  can- 
not see  the  propriety  of  the  next  power,  in  disputes  between  a 
State  and  the  citizens  of  another  State.  As  to  controversies 
between  citizens  of  different  States,  their  power  is  improper  and 
inadmissible.  In  disputes  between  citizens  of  the  same  State 
claiming  lands  under  the  grants  of  different  States,  the  power  is 
proper.  It  is  the  only  case  in  which  the  Federal  judiciary 
ought  to  have  appellate  cognizance  of  disputes  between  private 
citizens.  The  last  clause  was  still  more  improper.  To  give 
them  cognizance  between  a  State  and  the  citizens  thereof  is 
utterly  inconsistent  with  reason  and  sound  policy."  Here  Nich- 
olas rose  and  informed  Mason  that  his  interpretation  was  not 
warranted  by  the  words.  Mason  replied  that  if  he  recollected 
rightly,  the  propriety  of  the  power  as  explained  by  him  had 
been  contended  for  ;  but  that,  as  his  memory  had  never  been 
good,  and  was  now  much  impaired  from  his  age,  he  would  not 
insist  on  that  interpretation.  He  then  proceeded  :  "  Give  me 


223  Madison  manifested  great  sensitiveness  during  the  speech  of 
Mason,  and  it  is  not  to  be  disguised  that  he  did  touch  doctrines  in  the 
Convention  which  would  have  led  the  way  to  the  plan  denounced  by 
Mason;  for  he  is  reported  by  Yates  to  have  said  that  the  States  were 
never  sovereign,  and  were  petty  corporations.  See  Yates'  Reports, 
end  the  letter  of  Madison,  published  in  the  collection  of  McGuire. 


286  VIRGINM    CONVENTION    OF    1788. 

leave,"  he  said,  "to  advert  to  the  operation  of  this  judicial 
power.  Its  jurisdiction  in  the  first  case  will  extend  to  all  cases 
affecting  revenue,  excise  and  custom-house  officers.  It  will  take 
in  of  course  what  others  do  to  them,  and  what  is  done  by  them 
to  others.  In  what  predicament  will  our  citizens  then  be?  If 
any  of  the  Federal  officers  should  be  guilty  of  the  greatest 
oppressions,  or  behave  with  the  most  insolent  and  wanton  bru- 
tality to  a  man's  wife  or  daughter,  where  is  this  man  to  get 
relief?  His  case  will  be  decided  by  Federal  judges.  Even  sup- 
posing the  poor  man  may  be  able  to  obtain  judgment  in  the 
inferior  court  for  the  greatest  injury,  what  justice  can  he  get  on 
appeal?  Can  he  go  four  or  five  hundred  miles?  Can  he  stand 
the  expense  attending  it  ?  On  this  occasion  they  are  to  judge 
of  fact  as  well  as  law.  He  must  bring  his  witnesses  where  he  is 
not  known,  where  a  new  evidence  may  be  brought  against  him, 
of  which  he  never  heard  before,  and  which  he  cannot  contradict." 

The  honorable  gentleman  who  presides,  he  said,  has  told  us 
that  the  supreme  court  of  appeals  must  embrace  every  object  of 
maritime,  chancery,  and  common  law  controversy.  In  the  two 
first  the  indiscriminate  appellate  jurisdiction  as  to  fact  must  be 
generally  granted  ;  because  otherwise  it  would  exclude  appeals 
in  those  cases.  But  why  not  discriminate  as  to  matters  of  fact  in 
common  law  controversies?  The  honorable  gentleman  has  al- 
lowed that  it  was  dangerous,  but  hopes  regulations  will  be  made 
to  suit  the  convenience  of  the  people.  But  mere  hope  is  not  a 
sufficient  security.  I  have  said  that  it  appears  to  me  (though  I 
am  no  lawyer)  to  be  very  dangerous.  Give  me  leave  to  lay  be- 
fore the  committee,  an  amendment  which  I  think  convenient,  easy, 
and  proper.  (Here  Mason  proposed  an  alteration  nearly  the 
same  as  the  first  part  of  the  Fourteenth  Amendment  recom- 
mended by  the  Convention,  which  see  in  the  Appendix.) 

The  jurisdiction  of  the  Federal  courts  extends  to  controver- 
sies between  citizens  of  different  States.  Can  we  not  trust  our 
State  courts  with  the  decision  of  these?  If  I  have  a  controversy 
with  a  man  in  Maryland — if  a  man  in  Maryland  has  my  bond 
for  a  hundred  pounds — are  not  the  State  courts  competent  to  try 
it?  Why  carry  me  a  thousand  miles  from  home — from  my 
family  and  business — where  it  may  perhaps  be  impossible  for  me 
to  prove  that  I  have  paid  it  ?  I  may  have  a  witness  who  saw  me 
pay  the  money  ;  and  I  must  carry  him  a  thousand  miles  or  be 


VIRGINIA   CONVENTION   OF    1788.  287 

compelled  to  pay  the  money  again.  "  What  effect,"  he  inquired, 
"will  this  power  have  between  British  creditors  and  the  citizens 
of  this  State?  This  is  a  ground  on  which  I  shall  speak  with  con- 
fidence. Everyone  who  heard  me  speak  on  the  subject  knows 
that  I  always  spoke  for  the  payment  of  the  British  debts.  I  wish 
every  honest  debt  to  be  paid.  Though  I  would  wish  to  pay  the 
British  creditor,  yet  I  would  not  put  it  in  his  power  to  gratify 
private  malice,  to  our  injury.  Every  British  creditor  can  bring 
his  debtors  to  the  Federal  court.  There  are  a  thousand  in- 
stances where  debts  have  been  paid,  and  yet  by  this  appellate 
cognizance  be  paid  again.  '  To  controversies  between  a  State 
and  the  citizens  of  another  State.'  How  will  their  jurisdiction 
in  this  case  do  ?  Let  the  gentleman  look  to  the  westward.  Claims 
respecting  those  lands,  every  liquidated  account,  or  other  claim 
against  this  State,  will  be  tried  before  the  Federal  court.  Is  not 
this  disgraceful?  Is  the  State  of  Virginia  to  be  brought  to  the 
bar  of  justice  like  a  delinquent  individual?  Is  the  sovereignty 
of  the  State  to  be  arraigned  like  a  culprit,  or  a  private  offender? 
Will  the  States  undergo  this  mortification?  I  think  this  power 
perfectly  unnecessary.  What  is  to  be  done  if  a  judgment  be 
obtained  against  a  State  ?  Will  you  issue  a  fieri  facias  f  It 
would  be  ludicrous  to  say  that  you  would  put  the  State's  body 
in  jail.  How  is  the  judgment  then  to  be  enforced?  A  power 
which  cannot  be  executed  ought  not  to  be  granted." 

"Let  us  consider,"  said  Mason,  "the  operation  of  the  last 
subject  of  its  cognizance — controversies  between  a  State,  or  the 
citizens  thereof,  and  foreign  States,  citizens,  or  subjects.  There 
is  a  confusion  in  this  case.  This  much,  however,  may  be  raised 
out  of  it — that  a  suit  will  be  brought  against  Virginia.  She  may 
be  sued  by  a  foreign  State.  What  reciprocity  is  there  in  it?  In 
a  suit  between  Virginia  and  a  foreign  State,  is  the  foreign  State 
to  be  bound  by  the  decision  ?  Is  there  a  similar  privilege  given 
to  us  in  foreign  States  ?  How  will  the  decision  be  enforced  ? 
Only  by  the  ultima  ratio  regum.  A  dispute  between  a  foreign 
citizen  or  subject  and  a  Virginian,  cannot  be  tried  in  our  own 
courts,  but  must  be  decided  in  the  Federal  conrts.  Cannot  we 
trust  the  State  courts  with  a  dispute  between  a  Frenchman, 
or  an  Englishman,  and  a  citizen  ;  or  with  disputes  between 
two  Frenchmen?  This  is  digraceful.  It  will  annihilate  your 
State  judiciary.  It  will  prostrate  your  Legislature.  Thus,  sir," 


288  VIRGINIA    CONVENTION    OF    1788. 

% 

he  said,  "  it  appeared  to  me  that  the  greater  part  of  the  powers 
are  unnecessary,  dangerous,  tending  inevitably  to  impair  and 
ultimately  to  destroy  the  State  judiciaries,  and  by  the  same  prin- 
ciple, the  legislation  of  the  State  governments.  After  mentioning 
the  original  jurisdiction  of  the  supreme  court,  it  gives  it  appellate 
jurisdiction  in  all  the  other  cases  mentioned,  both  as  to  law  and 
fact,  indiscriminately,  and  without  limitation.  Why  not  remove 
the  cause  of  fear  and  danger  ?  But  it  is  said  that  the  regulations 
of  Congress  will  remove  it.  I  say  that,  in  my  opinion,  those 
regulations  will  have  a  contrary  effect,  and  will  utterly  annihilate 
your  State  courts.  Who  are  the  court  ?  The  judges.  It  is  a 
familiar  distinction.  We  frequently  speak  of  a  court  in  contra- 
distinction to  a  jury.  The  judges  on  the  bench  are  to  be  judges 
of  fact  and  law.  Now  give  me  leave  to  ask  :  Are  not  juries 
excluded  entirely?  This  great  palladium  of  national  safety, 
which  is  secured  by  our  own  State  governments,  will  be  taken 
from  us  in  the  Federal  courts  ;  or,  if  it  be  reserved,  it  will  be  but 
in  name,  and  not  in  substance.  This  sacred  right  ought  to  be 
secured." 

He  then  adverted  to  some  of  the  probable  effects  of  the  deci- 
sions of  Federal  courts.  "  I  dread,"  he  said,  "the  ruin  that 
will  be  brought  upon  thirty  thousand  of  our  people  with  respect 
to  disputed  lands.  I  am  personally  endangered  as  an  inhabitant 
of  the  Northern  Neck.  The  people  of  that  section  will  be  com- 
pelled by  the  operation  of  this  power  to  pay  the  quit-rents  of 
their  lands.  Whatever  other  gentlemen  may  think,  I  consider 
this  a  most  serious  alarm.  It  will  little  avail  a  man  to  make  a 
profession  of  his  candor.  It  is  to  his  character  and  reputation  they 
will  appeal.  To  these  I  wish  gentlemen  to  appeal  for  an  inter- 
pretation of  my  motives  and  views.  Lord  Fairfax's  title  was 
clear  and  undisputed.  After  the  Revolution  we  taxed  his  lands  as 
private  property.  After  his  death  an  Act  of  Assembly  was  made 
(in  1782)  to  sequester  the  quit-rents  due  at  his  death  in  the  hands 
of  his  debtors.  Next  year  an  act  was  made  restoring  them  to 
the  executor  of  the  proprietor.  Subsequent  to  this  the  treaty  of 
peace  was  made,  by  which  it  was  agreed  that  there  should  be  no 
further  confiscations.  But  after  this  an  Act  of  Assembly  passed 
confiscating  this  whole  property.  As  Lord  Fairfax's  title  was 
indisputably  good,  and  as  treaties  are  to  be  the  supreme  law  of 
the  land,  will  not  his  representatives  be  able  to  recover  all  in  the 


VIRGINIA   CONVENTION    OF    1788.  289 

Federal  court  ?  How  will  gentlemen  like  to  pay  an  additional 
tax  on  the  lands  in  the  Northern  Neck  ?  This  the  operation  of 
this  system  will  compel  them  to  do.  They  are  now  subject  to 
the  same  taxes  other  citizens  are,  and  if  the  quit-rents  be  recov- 
ered in  the  Federal  court  they  will  be  doubly  taxed.  This  may 
be  called  an  assertion  ;  but  were  I  going  to  my  grave  I  would 
appeal  to  Heaven  that  I  think  it  true.  How  will  a  poor  man  get 
relief  when  dispossessed  unjustly  ?  Is  he  to  go  to  the  Federal 
court  eight  hundred  miles  off?  He  might  as  well  give  up  his 
claim." 

"  Look,"  said  Mason,  "  to  that  great  tract  of  country  between 
the  Blue  Ridge  and  the  Alleghany  mountains.  Every  foot  of 
it  will  be  claimed,  and  probably  recovered  in  the  Federal  court 
from  their  present  possessors,  by  foreign  companies  which  have  a 
title  to  them.  These  lands  have  been  sold  to  a  great  number  of 
people.  Many  settled  on  them  on  terms  which  were  advertised. 
How  will  this  be  in  respect  of  ex  post  facto  laws?  We  have 
not  only  confirmed  the  title  of  those  who  made  the  contracts, 
but  those  who  did  not,  by  a  law  in  1779,  on  their  paying  the 
original  price.  Much  was  paid  in  a  depreciated  value,  and  much 
not  paid  at  all.  Look  now  to  the  Indiana  Company.  The  great 
Indiana  purchase,  which  was  made  to  the  westward,  will  by  this 
new  judicial  power  be  made  a  cause  of  dispute.  The  possessors 
may  be  ejected  from  those  lands.  That  company  paid  a  consid- 
eration of  ten  thousand  pounds  to  the  Crown  before  the  lands 
were  taken  up.  That  company  may  now  come  in  and  show  that 
they  have  paid  the  money,  and  have  a  full  right  to  the  land. 
Three  or  four  counties  are  settled  on  those  lands,  and  have  long 
enjoyed  them  peacefully.  All  these  claims  before  those  courts,  if 
successful,  will  introduce  a  scene  of  distress  and  confusion  almost 
without  a  parallel.  The  gloomy  pictures  which  Virgil  has  painted 
of  a  desolated  country  and  an  ejected  people  will  be  seen  in  our 
own  land ;  and  from  hundreds  of  honest  and  thrifty  men  reduced 
to  ruin  and  misery,  and  driven  with  their  families  from  their 
homes,  we  will  hear  the  mournful  ditty  of  the  poet  : 

Nos  patriam  fugimus — et  dulcia  linquimus  arva. 

Mason  concluded  by  offering  an  amendment  which  would  pre- 
vent such  direful  results  as  he  feared  would  happen,  in  these 
words  :  "  That  the  judiciary  power  shall  extend  to  no  case  where 

19 


290  VIRGINIA   CONVENTION    OF    1788. 

the  cause  of  action  shall  have  originated  before  the  ratification 
of  this  Constitution,  except  in  suits  for  debts  due  to  the  United 
States,  disputes  between  States  about  their  territory,  and  dis- 
putes between  persons  claiming  lands  under  the  grants  of  differ- 
ent States."  In  these  cases  there  is  an  obvious  necessity  for 
giving  the  court  a  retrospective  power.  "I  have  laid  before 
you,"  he  said,  "my  ideas  on  the  subject,  and  expressed  my 
fears,  which  I  most  conscientiously  believe  to  be  well-founded." 

It  was  now  past  the  usual  hour  of  adjournment,  but  late 
as  it  was,  Madison  rose  to  break  the  effect  of  Mason's  speech. 
He  said  that  he  did  not  wonder  that  Mason,  who  believed 
the  judiciary  system  so  fatal  to  the  liberties  of  the  country, 
should  have  opposed  it  with  so  much  warmth  ;  but  as  he  believed 
his  fears  were  groundless,  he  would  endeavor  to  refute  his  objec- 
tions wherein  they  appeared  to  him  ill-founded.  He  confessed  that 
there  were  defects  in  the  judiciary — that  it  might  have  been  better 
expressed  ;  but  that  truth  obliged  him  to  put  a  fair  interpretation 
upon  the  words  of  the  Constitution  ;  and  as  it  was  late,  he  could 
not  then  enter  fully  on  the  subject.  He  hoped,  however,  that 
gentleman  would  see  that  the  dangers  pointed  out  by  Mason  did 
not  necessarily  follow.  The  House  then  adjourned. 

On  Friday,  the  twentieth  of  June,  the  House  went  into  com- 
mittee, Wythe  in  the  chair,  and  the  first  and  second  sections  of 
the  third  article  still  under  consideration. 

Madison  rose  to  reply  to  Mason.  There  was  an  evident  inter- 
est shown  to  hear  the  speech  of  Madison,  who,  like  Mason,  was 
not  a  lawyer,  on  a  topic  which  was  beyond  the  usual  sphere  of 
a  politician,  and  which  had  been  argued  with  such  eminent 
ability  by  Mason  the  day  before.  When  Madison  had  detailed 
at  some  length  the  difficulties  inseparable  from  the  task  of  form- 
ing a  Federal  compact  between  different  States  whose  interests 
and  opinions  were  apparently  diverse,  and  had  referred  to  the 
executive  department  of  the  Constitution,  and  especially  the 
judiciary  in  the  way  of  illustration,  he  discussed  the  question  of 
the  judiciary  under  two  heads;  the  first,  whether  the  subjects  of 
its  cognizance  be  proper  subjects  for  Federal  jurisdiction,  and 
next,  whether  the  provisions  respecting  it  will  be  consistent  with 
safety  and  propriety,  will  answer  the  purposes  intended,  and  suit 
local  circumstances.  Under  the  first  head  he  discussed  the 
powers  of  the  judiciary.  As  to  its  jurisdiction  in  controversies 


VIRGINIA   CONVENTION    OF    1788.  291 

between  a  State  and  the  citizens  of  another  State,  its  only  opera- 
tion would  be  that  if  a  State  wished  to  bring  suit  against  an  indi- 
vidual, it  must  be  brought  in  the  Federal  court.  It  is  not  in  the 
power  of  individuals  to  call  any  State  into  court.  As  to  its  cog- 
nizance of  disputes  between  citizens  of  different  States,  perhaps 
this  authority  ought  to  have  been  left  to  the  State  courts.  He 
thought  that  the  result  would  be  rather  salutary  than  otherwise. 
As  to  disputes  between  foreign  States  and  one  of  our  States, 
should  such  a  case  ever  arise,  it  could  only  come  on  by  consent 
of  parties.  It  might  avert  difficulties  with  foreign  powers. 
Ought  a  single  State  have  it  in  its  power  to  involve  the  union  at 
any  time  in  war? 

Under  the  second  head,  he  said,  suppose  the  subjects  of  juris- 
diction had  only  been  enumerated,  and  full  power  given  to  Con- 
gress to  establish  courts,  would  there  have  been  any  valid  ob- 
jection ?  But  the  present  arrangement  was  better  and  more 
restrictive.  As  to  the  objections  against  the  appellate  cognizance 
of  fact  as  well  as  law,  he  mainly  relied  on  the  arguments  and 
authority  of  Pendleton,  which  were  conclusive  with  him.  Con- 
gress may  make  a  regulation  to  prevent  such  appeals  entirely. 
He  argued  that  in  so  far  as  the  judicial  power  extended  to  con- 
troversies between  citizens  of  different  States,  it  was  beneficial  to 
the  commercial  States,  and  proportionally  to  Virginia.  He  be- 
lieved that  the  Legislature  would  accommodate  the  judicial  power 
to  the  necessities  of  the  people,  and  instead  of  making  the 
supreme  court  stationary,  will  fix  it  in  different  parts  of  the 
Continent,  as  was  done  with  the  admiralty  courts  under  the  Con- 
federation. It  would  also  be  in  the  power  of  Congress  to  vest 
the  judicial  power  in  the  inferior  and  superior  courts  of  the 
States.  Gentlemen  argued  that  the  Legislature  would  do  all 
the  ill  that  was  possible.  Distrust  to  a  certain  extent  was  wise  ; 
he  did  not  lean  to  over-confidence  himself;  but  without  some 
measure  of  confidence  government  was  impossible.  Without 
confidence  no  theoretical  checks,  no  form  of  government  could 
render  us  secure.  It  was  objected  that  the  jurisdiction  of  the 
Federal  courts  would  annihilate  the  State  courts  ;  but,  though 
there  then  were  from  peculiar  circumstances  many  cases  between 
citizens  of  different  States,  it  might  never  occur  again,  and  he 
affirmed  that  hereafter  ninety-nine  cases  out  of  a  hundred  would 
remain  with  the  State  courts.  As  to  vexatious  appeals,  they  can 


292  VIRGINIA   CONVENTION    OF    1788. 

be  remedied  by  Congress.  If  the  State  courts  were  on  a  good 
footing,  what  would  induce  men  to  take  such  trouble  ?  And  if 
this  provision  should  have  the  effect  of  establishing  universal 
justice,  and  accelerating  it  in  America,  it  would  be  a  most  fortu- 
nate result  for  debtors.  Confidence  would  take  the  place  of 
distrust,  and  the  circulation  of  confidence  was  better  than  the 
circulation  of  money.  No  political  system  can  directly  pay  the 
debts  of  individuals.  Industry  and  economy  are  the  only  re- 
sources of  those  who  owe  money.  But  by  the  establishment  of 
confidence  the  value  of  property  will  be  raised,  capital  will  go 
in  quest  of  labor,  and  all  will  share  in  the  general  prosperity. 
Madison  concluded  by  saying  that  he  would  not  enter  into  those 
considerations  which  Mason  added,  but  hoped  some  other  gen- 
tleman would  undertake  to  answer  him.224 

Henry  rose  to  reply  to  Pendleton  and  Madison.  He  said  that 
he  had  already  expressed  painful  sensations  at  the  surrender  of 
our  great  rights,  and  was  again  driven  to  the  mournful  recollec- 
tion. The  purse  is  gone — the  sword  is  gone — and  here  is  the 
only  thing  of  any  importance  that  remains  with  us !  He  con- 
tended that  the  powers  in  the  section  under  discussion  were 
either  impracticable,  or,  if  reducible  to  practice,  dangerous  in  the 
extreme.  He  deplored  the  idea  suggested  by  Pendleton  and 
sanctioned  by  Madison,  that  "  our  State  judges  would  be  con- 
tented to  be  Federal  judges  and  State  judges  too."  "  If  we 
are  to  be  deprived  of  that  class  of  men,  and  if  they  are  to  com- 
bine against  us  with  the  Federal  Government,  we  are  gone  !  I 
regard  the  Virginia  judiciary  as  one  of  the  best  barriers  against 
the  strides  of  power.  So  few  are  the  barriers  against  the 
encroachments  and  usurpations  of  Congress,  that  when  I  see  this 
last  barrier,  the  independency  of  the  judges  impaired,  I  am 
persuaded  that  I  see  the  prostration  of  all  of  our  rights.  In 
what  a  situation  will  your  judges  be  when  they  are  sworn  to 
preserve  the  Constitution  of  the  State  and  that  of  the  Federal 
Government?  If  there  should  be  a  concurrent  dispute  be- 
tween the  two  governments,  which  shall  prevail?  My  only 
comfort,  he  said,  was  the  independence  of  the  judges.  If 
by  this  system  we  lose  it,  we  must  sit  down  quietly  and  be 

224  In  relation  to  British  debts,  the  Fairfax  grants,  the  Indiana  Com- 
pany, &c. 


VIRGINIA   CONVENTION    OF    1788.  293 

oppressed.  He  discussed  at  length  the  appellate  jurisdiction  of 
the  courts,  and  contended  that,  if  the  arguments  of  the  gentle- 
men were  just,  arid  that  Congress  would  make  such  a  judiciary 
as  it  pleased,  then  Congress  can  alter  and  amend  the  Constitu- 
tion. And  if  the  Constitution  is  to  be  altered,  on  whom  ought 
that  duty  to  devolve?  On  the  members  of  Congress,  or  on  those 
who  are  now  entrusted  with  the  office  of  securing  the  public 
rights  on  a  firm  and  certain  foundation  beyond  the  reach  of  con- 
tingencies ?  He  reverted  to  the  remark  of  Madison  that  there 
were  great  difficulties  in  framing  a  Constitution.  "I  acknowl- 
edge it,"  he  said  ;  "but  I  have  seen  difficulties  conquered  which 
were  as  unconquerable  as  this.  We  are  told  that  trial  by  jury  is 
a  technical  term.  Do  we  not  know  its  meaning?  I  see  one 
thing  in  this  Constitution — I  made  the  remark  before — that 
everything  with  respect  to  privileges  is  so  involved  in  darkness, 
it  makes  me  suspicious,  not  of  those  gentlemen  who  formed  it, 
but  of  its  operation  in  its  present  form.  Trial  by  jury  is  secured 
in  criminal  cases,  it  is  said;  I  would  rather  it  had  been  left  out 
altogether  than  have  it  so  vaguely  and  equivocally  provided  for. 
He  endorsed  the  reasoning  of  Mason  about  the  incarcerating  of 
a  State,  begged  to  know  how  money  was  to  be  paid  if  the  State 
was  cast,  and  denounced  the  folly  of  investing  the  judiciary  with 
a  power  that  could  not  be  enforced.  He  contended  that  the  pro- 
visions of  the  clause  in  debate  would  operate  as  a  retrospective 
law,  which  was  odious  in  civil  cases  as  ex  post  facto  were  in 
criminal,  and  that  citizens  would  be  subject  to  a  tribunal  unknown 
at  the  time  the  contracts  were  made.  He  contested  the  assertion 
of  Madison  that,  in  controversies  between  a  State  and  the  citi- 
zens of  other  States,  a  State  could  not  be  brought  into  court. 
The  gentleman  asserts  that  the  State  can  only  be  plaintiff;  but 
that  paper  says  Virginia  may  be  defendant  as  well  as  plaintiff. 
If  gentlemen  construe  that  paper  so  loosely  now,  what  will  they 
do  when  our  rights  and  liberties  are  in  their  power  ?  He  de- 
clared that  this  judiciary  presented  the  first  instance  ever  known 
among  civilized  men  of  the  establishment  of  a  tribunal  to  try 
disputes  between  the  aggregate  society  and  foreign  powers.  He 
then  discoursed  at  length  upon  the  trial  by  jury,  quoting  Black- 
stone's  remarks  upon  it,  and  its  virtual  sacrifice  under  the  new 
scheme;  and  asked:  "Shall  Americans  give  up  that  which 
nothing  could  induce  the  English  people  to  relinquish?  The 


294  VIRGINIA    CONVENTION    OF    1788. 

idea  is  abhorrent  to  my  mind.  There  was  a  time  when  we  would 
have  spurned  at  it.  This  gives  me  comfort  that  as  long  as  I  live 
my  neighbors  will  protect  me.  Old  as  I  am,  it  is  probable  I  may 
yet  have  the  appellation  of  rebel.  I  trust  I  shall  see  congres- 
sional oppression  crushed  in  embryo.  As  this  government 
stands,  I  despise  and  abhor  it.  Gentlemen  demand  it,  though  it 
takes  away  the  trial  by  jury  in  civil  cases,  and  does  worse  than 
take  it  away  in  criminal  cases.  It  is  gone,  unless  you  preserve 
it  now.  I  shall  add  no  more  but  that  I  hope  that  gentlemen  will 
recollect  what  they  are  about  to  do,  and  consider  that  they  are 
about  to  give  up  this  last  and  best  privilege." 

Pendleton  replied  to  Mason  and  Henry.  He  said  that  if  there 
had  been  any  person  in  the  audience  who  had  never  read  the 
Constitution  and  had  heard  what  has  just  been  said,  he  would  be 
surprised  to  learn  that  trial  by  jury  was  not  excluded  in  civil 
cases,  and  was  expressly  provided  in  criminal  cases.  He  had 
not  heard  that  kind  of  argument  in  favor  of  the  Constitution.  It 
is  insisted  that  the  right  of  challenging  has  not  been  secured  ; 
but  when  the  Constitution  says  that  the  trial  shall  be  by  jury, 
does  it  not  also  say  that  every  incident  shall  go  along  with  it? 
The  honorable  gentleman  (Mason)  was  mistaken  yesterday  in 
his  reasoning  on  the  propriety  of  a  jury  from  the  vicinage.  He 
supposed  that  a  jury  from  the  vicinage  was  had  "from  this 
view — that  they  should  be  acquainted  with  the  character  of  the 
person  accused.  I  thought,  said  Pendleton,  that  it  was  with 
another  view — that  the  jury  might  have  some  personal  knowl- 
edge of  the  fact  and  acquaintance  with  the  witnesses  who  will 
come  from  the  neighborhood.223  The  same  gentleman  objected 


225  Pendleton  sought  to  make  mirth  with  those  gentlemen  of  the  law 
in  the  Convention  who  thought  that  none  but  lawyers  can  understand 
legal  questions.  The  fact  is  that  Mason  was  clearly  right,  and  Pendle- 
ton clearly  wrong.  Mason  did  not  contend  that  a  jury  from  the  vici- 
nage was  the  sole  benefit  accruing  from  jury  trial,  but  that  it  was  an 
important  one,  as  it  assuredly  is,  which  a  criminal,  carried  a  thousand 
miles  from  his  home,  would  lose.  As  Pendleton  wholly  excludes  from 
his  view  this  great  benefit,  it  is  he  that  errs,  and  not  Mason.  The  his- 
tory of  trial  by'jury  proves  incontestibly  tnat  one  of  its  most  precious 
privileges  was  that  the  criminal  should  be  tried  by  his  peers  (pares) — 
that  is,  by  men  living  in  the  same  region,  placed  under  the  same  cir- 
cumstances, and  liable  to  be  punished  for  the  same  crimes,  upon  the 
testimony  of  the  same  men.  When  it  is  considered  that  it  was  mainly 


VIRGINIA    CONVENTION    OF    1788.  295 

to  the  unlimited  power  of  appointing  inferior  courts.  Why 
limit  the  power?  Ought  there  not  to  be  a  court  in  every  State? 
Ought  there  not  to  be  more  than  one,  should  the  convenience  of 
the  people  hereafter  require  it?  Look  at  our  own  legislation. 
What  would  have  been  the  condition  of  our  Western  counties, 
and  of  Kentucky  in  particular,  if  our  Legislature  had  not  pos- 
sessed this  power  ?  We  established  a  general  court  in  that  dis- 
trict, but  we  did  not  lose  sight  of  making  every  part  of  our 
territory  subject  to  one  supreme  tribunal.  Appeals  lay  from  that 
court  to  the  court  of  appeals  here.  And  what  was  the  result  ? 
There  has  not  been  a  single  appeal.  He  also  objected  to  the 
clause  which  provides  that  cases  under  the  Constitution  and  the 
laws  made  in  pursuance  thereof,  should  be  tried  in  the  Federal 
court.  Ought  such  matters  to  be  tried  in  the  State  courts?  But 
he  says  that  Congress  will  make  bad  laws.  Is  not  this  carrying 
suspicion  to  an  extreme  that  tends  to  prove  that  there  should 
be  no  Legislature  or  judiciary  at  all  ?  But  we  are  alarmed  with 
the  idea  that  this  is  a  consolidated  government.  It  is  so,  say 
gentlemen,  in  the  other  two  great  departments,  and  it  must  be 
so  in  the  judiciary.  I  never  considered  it,  said  Pendleton,  to  be 
a  consolidated  government  as  to  involve  the  interests  of  all 
America.  Of  the  two  objects  of  judicial  cognizance,  one  is  gen- 
eral and  national,  and  the  other  local.  The  former  is  given  to 
the  general  judiciary,  and  the  latter  left  to  the  local  tribunals. 
They  act  in  co-operation  to  secure  our  liberty.  For  the  sake  of 
economy  the  appointment  of  these  courts  might  be  in  the  State 
courts.  I  rely  on  an  honest  interpretation  from  independent 
judges.  An  honest  man  would  not  serve  otherwise,  because  it 
would  be  to  serve  a  dishonest  purpose.  To  give  execution  to 
proper  laws  is  their  peculiar  province.  There  is  no  inconsis- 
tency, impropriety,  or  danger  in  giving  the  State  judges  the 
Federal  cognizance.  Every  gentleman  who  beholds  my  situa- 
tion, my  infirmity,  and  various  other  considerations,  will  hardly 
suppose  that  I  carry  my  view  to  an  accumulation  of  power. 
Ever  since  I  had  any  power,  I  was  more  anxious  to  discharge 
my  duty  than  to  increase  my  power. 

introduced  to  prevent  oppression  by  the  government  and  by  superior 
lords,  the  vicinage  of  his  triers  is  an  important  consideration  to  the  cul- 
prit, whose  character  will  then,  and  only  then,  have  its  proper  weight 
in  his  favor. 


296  VIRGINIA    CONVENTION    OF    1788. 

Pendleton  then  argued  that  the  impossibility  of  calling  a  sove- 
reign State  to  the  tribunal  of  another  sovereign  State,  showed 
the  propriety  and  necessity  of  vesting  the  Federal  court  with  the 
decision  of  controversies  to  which  a  State  shall  be  a  party.  But 
the  principal  objection  of  the  gentleman  (Mason)  was,  that  juris- 
diction was  given  the  Federal  court  in  disputes  between  citizens 
of  different  States.  I  think,  said  Pendleton,  that  in  general  those 
decisions  might  be  left  to  the  State  tribunals,  especially  as  citizens 
of  one  State  are  declared  citizens  of  all.  But  cases  may  arise  in 
which  this  jurisdiction  would  be  proper,  as  in  the  case  of  Rhode 
Island,  where  a  citizen  of  another  State  would  be  compelled  to 
accept  payment  of  one-third  or  less  of  his  money.  Ought  he 
not  to  be  able  to  carry  his  claim  to  a  court  where  such  unworthy 
principles  do  not  prevail  ?  He  denied  that  there  was  any  force 
in  the  case  put  by  Mason  of  the  malicious  assignment  of  a  bond 
to  a  citizen  of  a  neighboring  State,  Maryland  for  instance.  The 
creditor  cannot  carry  the  debtor  to  Maryland.  He  must  sue  in 
the  local  Federal  court;  the  creditor  cannot  appeal.  He  gets  a 
judgment.  The  defendant  only  can  appeal,  and  gains  a  privilege 
instead  of  an  injury.  As  to  the  amendment  proposed  by  the 
gentleman,  I  attended  to  it,  said  Pendleton,  and  it  gave  force  to 
my  opinion,  that  it  is  better  to  leave  the  subject  to  be  amended 
by  the  legislation  of  Congress.  The  honorable  gentleman 
(Henry)  argued  to-day  that  it  was  placing  too  much  confi- 
dence in  agents  and  rulers.  Will  the  representatives  of  any 
twelve  States  sacrifice  their  own  interest  and  that  of  their  citizens 
to  answer  no  purpose  ?  But  suppose  we  should  be  deceived  ; 
have  we  no  security  ?  So  great  was  the  spirit  of  America  that 
it  was  found  sufficient  to  oppose  the  greatest  power  in  the  world. 
Will  not  that  spirit  protect  us  against  any  danger  from  our  own 
representatives  ?  As  it  was  late,  he  said  he  would  add  no  more. 

Pendleton  was  followed  by  a  young  man  of  thirty  years  who 
resided  in  Richmond,  who  had  already  taken  a  prominent  part 
in  debate,  whose  arguments,  enforced  with  logical  precision,  were 
delivered  with  modesty  and  were  heard  with  profound  respect, 
and  whose  fame,  then  in  its  early  dawn,  was  destined  in  the  course 
of  a  third  of  a  century,  during  which  he  held  the  office  of  chief- 
justice  of  that  court  which  he  was  now  required  to  defend,  to 
attain  its  greatest  lustre.  His  opinions,  as  well  from  the  ability 
with  which  they  were  maintained  as  from  his  subsequent  career, 


VIRGINIA    CONVENTION    OF    1788.  2(J7 

have  a  living  interest  even  in  our  own  times.  He  had  delibe- 
rately prepared  himself  to  reply  to  the  arguments  of  Mason, 
and  followed  that  gentleman  step  by  step.  He  said  it  was  argued 
that  the  Federal  courts  will  not  determine  the  causes  which  may 
come  before  them  with  the  same  fairness  and  impartiality  with 
which  other  courts  decide.  What  are  the  reasons  of  this  sup- 
position ?  Do  gentlemen  draw  them  from  the  manner  in  which 
the  judges  are  chosen,  or  the  tenure  of  their  office  ?  What  is  it 
that  makes  us  trust  our  judges  ?  Their  independence  in  office 
and  their  manner  of  appointment.  Are  not  the  judges  of  the 
Federal  court  chosen  with  as  much  wisdom  as  the  judges  of  the 
State  governments  ?  Are  they  not  equally,  if  not  more  inde- 
pendent ?  If  there  be  as  much  wisdom  and  knowledge  in  the 
United  States  as  in  a  single  State,  shall  we  conclude  that  that 
wisdom  and  knowledge  will  not  be  equally  exercised  in  the  selec- 
tion of  judges  ?  What  are  the  subjects  of  Federal  jurisdiction  ? 
Let  us  examine  each  of  them  with  the  supposition  that  the  same 
impartiality  will  be  observed  in  those  courts  as  in  other  courts, 
and  then  see  if  any  mischief  will  arise  from  them. 

With  respect  to  their  cognizance  in  all  cases  arising  under  the 
Constitution  and  the  laws  of  the  United  States,  the  gentleman 
(Mason)  observes  that  the  laws  of  the  United  States  being  para- 
mount to  the  laws  of  the  particular  States,  there  is  no  case  but 
what  this  will  extend  to.  Has  the  government  of  the  United 
States  power  to  make  laws  on  every  subject  ?  Does  he  under- 
stand it  so?  Can  they  make  laws  affecting  the  mode  of  trans- 
ferring property,  or  contracts,  or  claims  between  citizens  of  the 
same  State  ?  Can  they  go  beyond  their  delegated  powers  ?  If 
they  did  exceed  those  powers,  their  acts  would  be  considered  by 
the  judges  beyond  their  jurisdiction  and  declared  void.  But, 
says  the  gentleman,  the  judiciary  will  annihilate  the  State  courts. 
Does  not  every  gentleman  here  know  that  the  causes  in  our 
courts  are  more  numerous  than  they  can  decide  according  to 
their  present  construction  ?  Are  there  any  words  in  this  Con- 
stitution which  excludes  the  courts  of  the  States  from  those  cases 
which  they  now  possess?  Will  any  gentleman  believe  it  ?  Are 
not  controversies  respecting  lands  claimed  under  the  grants  of 
different  States  the  only  controversies  between  citizens  of  the 
same  State  which  the  Federal  judiciary  can  take  cognizance  of? 
The  State  courts  will  not  lose  the  jurisdiction  of  the  causes 


298  VIRGINIA    CONVENTION    OF    1788. 

which  they  now  decide.  They  have  a  concurrence  of  jurisdic- 
tion with  the  Federal  courts  in  those  cases  in  which  the  latter 
have  cognizance.  How  disgraceful  is  it,  says  the  honorable 
gentleman,  that  the  State  courts  cannot  be  trusted  ?  Does  the 
Constitution  take  away  their  jurisdiction  ?  Is  it  not  necessary 
that  Federal  courts  should  have  cognizance  of  cases  arising 
under  the  Constitution  and  laws  of  the  United  States  ?  What  is 
the  purpose  of  a  judiciary  but  to  execute  the  laws  in  a  peaceable, 
orderly  manner,  without  shedding  blood,  or  availing  yourself  of 
force?  To  what  quarter  will  you  look  for  protection  from  an 
infringement  of  the  Constitution,  if  you  will  not  give  the  power 
to  the  judiciary?  The  honorable  gentleman  objects  to  it  be- 
cause the  officers  of  government  will  be  screened  from  merited  pun- 
ishment by  the  Federal  authority.  The  Federal  sheriff,  he  says, 
will  go  into  a  poor  man's  house  and  beat  him  or  abuse  his  family, 
and  the  Federal  court  will  protect  him.  Is  it  necessary  that 
officers  should  commit  a  trespass  on  the  property  or  persons  of 
those  with  whom  they  are  to  transact  business  ?  The  injured 
man  would  trust  to  a  tribunal  in  his  neighborhood,  and  he  would 
get  ample  redress.  There  is  no  clause  in  the  Constitution  which 
bars  the  individual  injured  from  seeking  redress  in  the  State 
courts.  He  says  that  there  is  no  instance  of  appeals  as  to  fact 
in  common  law  cases.  The  contrary  is  well  known  to  be  the 
case  in  this  State.  With  respect  to  mills,  roads,  and  other  cases, 
appeals  lie  from  the  inferior  to  the  superior  courts  as  to  fact  as 
well  as  law.  Is  it  a  clear  case  that  there  can  be  no  case  in  com- 
mon law  in  which  an  appeal  as  to  fact  would  be  necessary  and 
proper  ?  If  an  appeal  in  matters  of  fact  could  not  be  carried  to 
the  superior  court,  then  it  would  result  that^such  cases  could  not 
be  tried  before  the  inferior  courts  for  fear  of  injurious  and  partial 
decisions. 

Where,  says  Marshall,  is  the  necessity  of  discriminating  be- 
tween the  three  cases  of  chancery,  admiralty,  and  common  law? 
Why  not  leave  it  to  Congress  ?  Is  it  necessary  for  them  wantonly 
to  infringe  your  rights  ?  Have  you  anything  to  apprehend,  when 
they  can  in  no  case  abuse  their  power  without  rendering  them- 
selves hateful  to  the  people  at  large?  Where  power  may  be 
trusted,  and  there  is  no  motive  to  abuse  it,  it  seems  to  me  to  be 
as  well  to  leave  it  undetermined  as  to  fix  it  in  the  Constitution. 
With  respect  to  disputes  between  a  State  and  the  citizens  of 


VIRGINIA    CONVENTION    OF    1788.  299 

another  State,  its  jurisdiction  has  been  decried  with  unusual 
vehemence.  I  hope,  he  said,  that  no  gentleman  will  think  that 
a  State  will  be  called  at  the  bar  of  the  Federal  court.  Is  there 
no  such  case  at  present  ?  Are  there  not  many  cases  in  which 
the  Legislature  of  Virginia  is  a  party,  and  yet  the  State  is  not 
sued?  It  is  not  rational  to  suppose  that  the  sovereign  power 
shall  be  dragged  before  a  court.  The  intent  is  to  enable  States 
to  recover  claims  of  individuals  residing  in  other  States.  I  con- 
tend this  construction  is  warranted  by  the  words.  I  see  a  diffi- 
culty in  making  a  State  a  defendant,  which  does  not  prevent  its 
being  plaintiff.  As  to  controversies  between  the  citizens  of  one 
State  and  the  citizens  of  another  State,  I  should  not  use  my  own 
judgment  were  I  to  contend  that  it  was  necessary  in  all  cases  to 
bring  such  suits  in  a  Federal  court ;  but  cases  may  happen  when 
it  would  be  proper.  It  is  asked,  in  the  court  of  which  State  will 
the  suit  be  instituted?  In  the  court  of  the  State  wherein  the 
defendant  resides,  and  it  will  be  determined  by  the  laws  of  the 
State  in  which  the  contract  was  made.  As  to  controversies  be- 
tween a  State  and  a  foreign  State,  the  previous  consent  of  the 
parties  is  necessary  ;  and  therefore,  as  the  Federal  court  will 
decide,  each  party  will  acquiesce.  The  exclusion  of  trial  by 
jury  in  this  case,  the  gentleman  (Mason)  urged  would  prostrate 
our  rights.  Does  the  word  court  only  mean  the  judges  ?  Does 
not  the  determination  of  a  jury  necessarily  lead  to  the  judg- 
ment of  the  court?  Is  there  anything  here  that  gives  the  judges 
exclusive  jurisdiction  of  matters  of  fact  ?  What  is  the  object 
of  a  jury  trial?  To  inform  the  courts  of  the  facts.  When  a 
court  has  cognizance  of  facts,  does  it  not  follow  that  they  can 
make  enquiry  by  a  jury?  But  it  seems  the  right  of  challenging 
the  jurors  .is  not  secured  in  this  Constitution.  Is  this  done  in 
our  own  Constitution  or  by  any  provision  of  the  English  gov- 
ernment ?  Is  it  done  by  their  Magna  Charter  or  by  their  Bill  of 
Rights  ?  This  privilege  is  founded  on  their  laws.  If  we  are 
secure  in  Virginia  without  mentioning  it  in  our  laws,  why  should 
not  this  security  be  found  in  the  Federal  court?  As  to  the  quit- 
rents  in  the  Northern  Neck,  has  he  not  acknowledged  that  there 
was  no  complete  title  ?  Was  he  not  satisfied  that  the  right  of 
the  legal  representative  of  the  proprietor  did  not  exist  at  the 
time  he  mentioned  ?  If  so,  it  cannot  exist  now.  A  law  passed 
in  1782,  which  settles  this  subject.  He  says  that  poor  men  may 


300  VIRGINIA    CONVENTION    OF    1788. 

be  harassed  by  the  representative  of  Lord  Fairfax.  If  he  has 
no  right  this  cannot  be  done.  If  he  has  this  right  and  comes  to 
Virginia,  what  laws  will  this  claim  be  determined  by  ?  By  the 
laws  of  Virginia.  By  what  tribunals  will  the  claim  be  deter- 
mined ?  By  our  own  tribunals.  After  replying  to  some  inci- 
dental objections  which  had  been  urged  by  Mason  and  Henry, 
Marshall  concluded  his  speech,  and  was  followed  in  a  few  words 
by  Randolph,  when  the  committee  rose,  and  the  House  ad- 
journed. 

On  Saturday,  the  twenty-first  of  June,  the  House  resolved 
itself  into  a  committee,  Wythe  in  the  chair,  the  first  and  second 
sections  of  the  third  articles  still  under  consideration.  Grayson 
rose  and  reviewed  the  structure  and  the  jurisdiction  of  the 
Federal  judiciary  at  great  length,  and  denounced  its  defects  in  a 
splendid  oration,  and  was  followed  by  Randolph  at  equal  length 
in  reply.  At  the  close  of  Randolph's  speech  the  House  ad- 
journed. 

On  Monday,  the  twenty-third  of  June,  the  House  again  went 
into  committee,  Harrison  in  the  chair,  and  the  same  sections  still 
under  consideration.  Nicholas  rose  to  suggest  that  the  com- 
mittee now  pass  on  to  the  next  clause  of  the  Constitution,  but 
he  was  opposed  by  Henry,  who  made  a  handsome  acknowledg- 
ment of  the  fairness  and  ability  of  Marshall,  and  replied  to  some 
of  his  arguments.  He  was  succeeded  by  a  member  far  advanced 
in  life,  who  had  not  as  yet  spoken  in  the  committee,  and  who  was 
not  only  held  in  high  repute  by  his  contemporaries,  but  deserves 
the  favorable  regard  of  posterity.  For  nearly  the  third  of  a 
century  last  past  he  had  been  engaged  in  the  military  service  of 
his  country.  He  was  one  of  the  oldest  and  most  prominent  mili- 
tary men  in  the  Commonwealth.  In  the  Indian  wars  from  1755 
to  nearly  the  beginning  of  the  Revolution  he  had  borne  a  con- 
spicuous part,  and  was  often  in  command  of  the  Virginia  troops 
raised  for  the  defence  of  the  frontier.  His  large  stature  and 
great  muscular  strength,  added  to  his  experience  in  war,  made 
him  the  terror  of  the  Indians.  On  one  occasion  he  was  sent  to 
South  Carolina  with  the  Virginia  companies  to  aid  in  beating 
back  the  Indians.  As  early  as  1756,  when  Washington  went  to 
Boston  to  consult  General  Shirley  on  a  point  of  military  etiquette, 
Colonel  Adam  Stephen  was  left  in  command  of  the  military 
forces  of  the  colony  until  his  return.  In  1763  the  Governor  of 


VIRGINIA   CONVENTION    OF    1788.  301 

Virginia,  when  Stephen  was  in  command  of  a  levy  of  five  hun- 
dred men  to  defend  the  frontiers  against  the  Indians,  spoke  highly 
of  his  military  capacity  and  courage.  In  1776  he  commanded 
the  Fourth  battalion  of  Virginia  troops  at  Portsmouth,  when  he 
was  appointed  a  brigadier-general  in  the  army  of  the  United 
States.  On  retiring  from  his  command  in  Portsmouth,  a  vale- 
dictory letter  was  addressed  to  him  by  his  officers,  who  speak  of 
him  as  the  polite  gentleman  and  the  accomplished  soldier ;  and 
in  his  answer  he  mentioned  the  fact  that  "  the  present  was  his 
twelfth  campaign."226  In  February,  1777,  he  was  elected  a  major- 
general  by  Congress.  In  the  battle  of  Brandywine  he  distin- 
guished himself  by  his  valor,  as  on  other  important  occasions. 
He  had  probably  been  a  member  of  the  House  of  Burgesses,  and 
was  returned  from  Berkeley  to  the  March  Convention  of  1775, 
when  he  sustained  the  resolutions  of  Henry  for  putting  the  Col- 
ony into  military  array.  In  the  following  July  he  was  also 
returned  to  the  Convention,  but  from  some  mformalityjn  the 
return  he  lost  his  seat.227  A  warm  admirer  of  the  Federal  Con- 

226  Virginia  Gazette,  September  20,  1776. 

227  Journal  of  the  Convention  of  July,  1775,  page  7.     Irving,  in  his  Life 
of  Washington,  has  several  allusions  to  Stephen,  but  the  best  source  of 
information  is  Sparks 's  Writings  of  Washington^  which  the  reader  may 
consult  by  referring  to  the  name  of  Stephen   in  the  index  in  the  last 
volume.     In  the  years   1775  and   1776,  of  the  American  Archives,  are 
letters  of  Stephen.     A  letter  of  his  heretofore  quoted  may  be  found  in 
the  Life  of  R.  H.  Lee,  by  his  grandson. 

Stephen  died  in  August,  1791,  in  Berkeley  county,  and  lies  buried  on 
the  estate  owned  by  the  Hon.  Charles  J.  Faulkner  ;  a  rude  stone  marks 
the  spot.  He  has  left  descendants,  all  of  whom  occupy  respectable 
and  honorable  positions  in  the  communities  in  which  they  reside. 
Letter  of  the  Hon.  C  J.  Faulkner  to  Francis  B.  Jones,  Esq.,  dated 
May  10,  1856,  I  am  indebted  to  Mr.  Jones  for  his  great  courtesy  in 
assisting  me  in  my  inquiries  concerning  Stephen  and  other  persons 
belonging  to  the  history  of  the  Valley  of  Virginia.  It  is  believed  that' 
Stephen  was  born  in  what  is  now  Berkeley  county,  though  I  think  it 
questionable.  He  lived  in  Martinsburg  in  his  latter  days.  The  cause 
of  his  losing  his  seat  in  the  Convention  of  1775  was,  that  two  districts 
of  the  county  did  not  know  that  an  election  was  to  be  held  when 
Stephen  was  elected,  and  that  Stephen,  who  was  on  election  day  parad- 
ing the  militia,  marched  at  their  head  to  the  polls,  and  was  elected  by 
their  votes.  See  KerchevaVs  History  of  the  Valley,  pages  244,  245  ; 
also,  Burke's  History  of  Virginia,  IV,  91  ;  and  Marshall's  Life  of 
Washington,  revised  edition,  I,  157,  158. 


302  VIRGINIA -CONVENTION    OF    1788. 

stitution,  and  as  fearless  on  the  floor  as  in  the  field,  he  now  rose 
to  give  utterance  to  his  feelings.  Indeed,  his  speech  is  rather  a 
fierce  personal  attack  upon  Henry  than  a  defense  of  the  judiciary, 
which  was  the  topic  in  debate,  or  of  the  Constitution  at  large." 
"The  gentleman,"  says  Stephen,  "  means  to  frighten  us  by  his 
bugbears  and  hobgoblins — his  sale  of  lands  to  pay  taxes — Indian 
purchases,  and  other  horrors,  that  I  think  I  know  as  much  about 
as  he  does.  I  have  traveled  through  the  greater  part  of  the 
Indian  countries ;  I  know  them  well.  I  can  mention  a  variety 
of  resources  by  which  ihe  people  may  be  enabled  to  pay  their 
taxes."  (He  then  went  into  a  description  of  the  Mississippi  and 
its  waters,  Cook's  river,  the  Indian  tribes  residing  in  that  coun- 
try, and  the  variety  o'f  articles  which  might  be  obtained  to  advan- 
tage by  trading  with  those  people.)  "I  know,  he  said,  of  several 
rich  mines  of  gold  and  silver  in  the  western  country.  And  will  the 
gentleman  tell  me  that  these  precious  metals  will  not  pay  taxes  ? 
If  the  gentleman  does  not  like  this  government,  let  him  go  and 
live  among  the  Indians.  I  know  of  several  nations  that  live  very 
happy  ;  and  I  can  furnish  him  with  a  vocabulary  of  their  lan- 
guage." 

Nicholas  rose  to  answer  some  arguments  which  had  fallen 
from  the  gentlemen  on  the  other  side.  He  denied  that  the  Eng- 
lish judges  were  more  independent  than  the  judges  of  the  Fed- 
eral judiciary.  May  not  a  variety  of  pensions  be  granted  to  the 
judges  with  a  view  to  influence  their  decisions  ?  May  they  not 
be  removed  by  a  vote  of  both  Houses  of  Parliament  ?  We  are 
told  that  quit-rents  are  to  be  sued  for.  To  satisfy  gentlemen,  I 
beg  leave  to  refer  them  to  an  Act  of  Assembly,  passed  in  the 
year  1782,  before  the  peace,  which  absolutely  abolishes  the  quit- 
rents,  and  discharges  the  holders  of  lands  in  the  Northern  Neck 
from  any  claim  of  that  kind.  As  to  the  claims  of  certain  com- 
panies which  purchased  lands  of  the  Indians,  they  were  deter- 
mined prior  to  the  opening  of  the  land  office  by  the  Virginia 
Assembly;  and  it  is  not  to  be  supposed  that  they  will  be  again 
disposed  to  renew  their  claim.  But,  said  Nicholas,  there  are 
gentlemen  who  have  come  by  large  possessions  that  it  is  not 
easily  to  account  for.  Here  Henry  interfered,  and  hoped  the 
gentleman  meant  nothing  personal.  Nicholas  answered:  "I 
mean  what  I  say,  sir."  He  then  alluded  to  the  Blue  Laws  of 
Massachusetts,  of  which  he  said  he  had  never  heard  till  yester- 


VIRGINIA    CONVENTION    OF    1788.  303 

day,  and  said  he  thought  those  laws  should  have  as  little  weight 
in  the  present  discussion  as  an  argument  which  he  had  heard  out 
of  doors,  to  the  effect  that  as  New  England  men  wore  black 
stockings  and  plush  breeches,  there  could  be  no  union  with 
them.  He  said  the  ground  had  been  so  much  traveled  over,  he 
thought  it  unnecessary  to  trouble  the  committee  any  farther  on 
the  subject. 

Henry  rose  and  said  that  if  the  gentleman  means  personal  in- 
sinuations, or  wishes  to  wound  my  private  reputation,  I  think  this 
an  improper  place  to  do  so.  If,  on  the  other  hand,  he  means  to 
go  on  in  the  discussion  of  the  subject,  he  ought  not  to  apply  ar- 
guments which  might  tend  to  obstruct  the  discussion.  As  to 
land  matters,  I  can  tell  how  I  came  by  what  I  have ;  but  I  think 
that  gentleman  (Nicholas)  has  no  right  to  make  that  inquiry  of 
me.  I  mean  not  to  offend  any  one — I  have  not  the  most  distant 
idea  of  injuring  any  gentleman.  My  object  was  to  obtain  infor- 
mation. If  I  have  offended  in  private  life,  or  wounded  the  feel- 
ings of  any  man,  I  did  not  intend  it.  I  hold  what  I  hold  in  a 
right  and  just  manner.  I  beg  pardon  for  having  obtruded  thus 
far.  Nicholas  then  observed  that  he  meant  no  personality  in 
what  he  said,  nor  did  he  mean  any  resentment.  If  such  conduct 
meets  the  contempt  of  that  gentleman,  I  can  only  assure  him,  said 
Nicholas,  it  meets  with  an  equal  degree  of  contempt  from  me. 

The  President  hoped  gentlemen  would  not  be  personal,  and 
that  they  would  proceed  to  investigate  the  subject  in  a  calm  and 
peaceable  manner.  Nicholas  again  rose  and  said  that  he  did  not 
mean  the  honorable  gentleman  (Henry),  but  he  meant  those  who 
had  taken  up  large  tracts  of  land  in  the  western  country.  The 
reason  he  could  not  explain  himself  before  was  that  he  thdught 
some  observations  had  dropped  from  the  honorable  gentleman 
as  ought  not  to  have  come  from  one  gentleman  to  another.228 


228  Nicholas  was  the  brother-in-law  of  Randolph,  and  was,  it  is  be- 
lieved, deeply  interested  in  western  lands,  and  in  fact  removed  to  Ken- 
tucky in  a  short  time  after  the  adjournment  of  the  Convention.  Th'e 
account  of  the  quarrel,  as  reported  in  the  debates,  I  have  given,  but 
there  does  not  seem  to  be  any  excuse  for  the  prompt  refusal  of  Nicholas 
to  make  an  explanation.  The  explanation  may,  perhaps,  be  found  in 
the  high  state  of  excitement  which  prevailed  as  the  final  voting  was 
coming  on;  in  the  tone  in  which  Henry  made  his  inquiry,  and  not  a 
little,  perhaps,  in  the  feeling  with  which  Henry  was  regarded  by  the 


301  VIRGINIA  ^CONVENTION    OF    1788. 

An  animated  conversation  in  respect  of  the  powers  of  the  judi- 
ciary now  sprang  up  between  Monroe,  Madison,  Grayson,  Henry 
and  Mason,  when  the  sections  under  consideration  were  passed 
over,  and  the  first  section  of  the  fourth  article  was  read.229 

Mason  observed  that  how  far  Congress  shall  declare  the  degree 
of  faith  to  which  public  records  were  entitled  to  was  proper,  he 
could  not  clearly  see.  Madison  answered  that  the  clause  was 
absolutely  necessary,  and  that  he  had  not  employed  a  thought  on 
the  subject. 

The  second  section  of  the  fourth  article  was  then  read.230 
Mason  said  that  on  a  former  occasion  gentlemen  were  pleased  to 
make  some  observations  on  the  security  of  property  coming 
within  this  section.  It  was  then  said,  and  he  now  said,  that 
there  is  no  security,  nor  have  gentlemen  convinced  him  that 
there  was.'231 

leading  friends  of  the  Constitution,  who  laid  the  whole  burden  of  oppo- 
sition at  his  door.  There  were  repeated  attempts  to  wound  his  feel- 
ings, but  he  treated  most  of  them  with  silence. 

229  «tpuii  faith  and  credit  shall  be  given  in  each  State  to  the  public 
acts,  records  and  judicial  proceedings  of  every  other  State.  And  the 
Congress  may,  by  general  laws,  prescribe  the  manner  in  which  such 
acts,  records  and  proceedings  shall  be  passed,  and  the  effect  thereof." 

23011  The  citizens  of  each  State  shall  be  entitled  to  all  privileges  and 
immunities  of  citizens  in  the  several  States." 

"  A  person  charged  in  any  State  with  treason,  felony,  or  other  crime, 
who  shall  flee  from  justice  and  be  found  in  another  State  shall,  on  de- 
mand of  the  executive  authority  of  the  State  from  which  he  fled,  be 
delivered  up,  to  be  removed  to  the  State  having  jurisdiction  of  the 
crime." 

''  No  person  held  to  service  or  labour  in  one  State,  under  the  laws 
thereof,  escaping  into  another  shall,  in  consequence  of  any  law  or  regu- 
lation therein,  be  discharged  from  such  service  or  labour,  but  shall  be 
delivered  up,  on  claim  of  the  party  to  whom  such  service  or  labour 
may  be  due." 

231  More  than  sixty  years  after  this  remark  was  made  by  Mason,  one 
of  his  grandsons  in  the  Senate  of  the  United  States  drew  up  an  act  to 
carry  this  clause  of  the  Constitution  into  effect. 

If  it  had  been  objected  to  the  first  clause  of  this  section,  that  a 
Southern  gentleman  could  not  travel  with  his  servants  through  another 
State  without  having  them  forcibly  taken  from  him,  or  in  transitu  to 
some  other  State,  the  friends  of  the  Constitution  would  have  answered 
that  from  their  own  experience  no  such  result  would  ever  follow. 


VIRGINIA   CONVENTION    OF    1788.  305 

The  third  section  of  the  fourth  article  was  then  read.232  Gray- 
son  said  that  it  appeared  to  him  that  there  never  can  be  a  South- 
ern State  admitted  into  the  union.  There  are  seven  States  who 
are  a  majority,  and  whose  interest  it  is  to  prevent  it.  The  bal- 
ance being  actually  on  their  side,  they  will  have  the  regulation 
of  commerce  and  the  Federal  ten  miles  square  whenever  they 
please.  It  is  not  to  be  supposed  then,  that  they  will  admit  any 
Southern  State  into  the  union  so  as  to  lose  that  majority.  Madi- 
son thought  this  part  of  the  plan  more  favorable  to  the  Southern 
States  than  the  present  Confederation,  as  there  was  a  greater 
chance  of  new  States  being  admitted.233  Mason  glanced  at  differ- 
ent parts  of  the  Constitution,  and  argued  that  the  adoption  of  a 
system  so  replete  with  defects  could  not  but  be  productive  of 
the  most  alarming  consequences.  He  dreaded  popular  resist- 
ance to  its  operation.  He  expressed  in  emphatic  terms  the 
dreadful  effects  which  must  ensue  should  the  people  resist,  and 
concluded  by  observing  that  he  trusted  gentlemen  would  pause 
before  they  decided  a  question  which  involved  such  awful  con- 
sequences. Lee  declared  that  he  was  so  overcome  by  what 
Mason  had  said  that  he  could  not  suppress  his  feelings.  He 
revered  that  gentlemen,  and  never  thought  he  should  hear  from 
him  sentiments  so  injurious  to  the  country,  so  opposed  to  the 
dignity  of  the  House,  and  so  well  calculated  to  bring  on  the 
horrors  which  the  gentleman  deprecated.  Such  speeches  within 
those  walls  would  lead  the  unthinking  and  the  vicious  to  overt 
acts.  God  of  Heaven,  said  Lee,  avert  that  fearful  doom  ;  but 
should  the  madness  of  some  and  the  vice  of  others  risk  that 
awful  appeal,  he  trusted  that  the  friends  of  the  Constitution  would 

232  "SEC.  III.  New  States  may  be  admitted  by  the  Congress  into  this 
union;  but  no  new  State  shall  be  formed  or  erected  within  the  juris- 
diction of  any  other  State ;  nor  any  State  be  formed  by  the  junction  of 
two  or  more  States  without  the  consent  of  the  Legislatures  of  the  States 
concerned,  as  well  as  of  Congress." 

"  The  Congress  shall  have  power  to  dispose  of  and  make  all  needful 
rules  and  regulations  respecting  the  territory  or  other  property  belong- 
ing to  the  United  States ;  and  nothing  in  this  Constitution  shall  be  so 
construed  as  to  prejudice  any  claims  of  the  United  States,  or  of  any 
particular  State. 

233  Under  the  Confederation,  the  assent  of  all  the  States  was  neces- 
sary to  the  admission  of  a  new  State. 

20 


306  VIRGINIA  CONVENTION    OF    1788. 

encounter  with  alacrity  and  resignation  every  difficulty  and  dan- 
ger in  defence  of  the  public  liberty. 

The  remainder  of  the  Constitution  was  then  read,  and  we  only 
know,  in  the  absence  of  any  reported  debate,  that  the  part  re- 
ferring to  amendments  to  the  Constitution  was  animadverted 
upon  by  its  opponents.  The  committee  then  rose,  and  the  House 
adjourned. 

On  Tuesday,  the  twenty-fourth  of  June,  the  members  began 
to  assemble  in  the  hall  at  an  early  hour,  and  all  appeared  con- 
scious that  the  crisis  was  at  hand.  That  day  or  the  next  the  final 
vote  would  be  cast ;  and  the  grave  question,  which  had  so  long 
engaged  their  serious  attention,  and  on  the  decision  of  which,  in 
the  estimation  of  both  parties,  depended  the  fate  of  the  country, 
would  be  irrevocably  settled.  The  same  policy  which  had  in- 
duced the  friends  of  the  Constitution  to  select  Pendleton  to  open 
the  debate  on  the  judiciary,  impelled  them  to  select  Wythe  as 
the  proper  person  to  bring  forward  the  resolution  of  ratification. 
As  soon  as  the  House  was  called  to  order,  a  motion  was  made 
that  it  should  resolve  itself  into  committee,  and  adopted.  Pen- 
dleton, who  was  privy  to  the  plans  of  his  friends,  beckoned 
Thomas  Mathews  to  the  chair.  Of  this  gentleman,  who,  born 
in  one  of  the  British  West  India  islands,  had  emigrated  in  early 
life  to  Norfolk,  which  borough  he  represented  for  many  years  in 
the  General  Assembly;  who  opposed  with  zeal  those  measures 
of  the  British  Parliament  that  led  to  the  Revolution,  and  served 
faithfully  during  the  war  (attaining  the  rank  of  lieutenant-col- 
onel); who  was  long  Speaker  of  the  House  of  Delegates;  whose 
fine  person,  whose  courteous  manners,  and  whose  lively  wit 
made  him  popular  even  with  men  who  were  apt  to  frown  on  those 
lighter  foibles  which  were  quite  as  conspicuous  in  our  earlier  as 
in  our  later  statesmen,  and  whose  name,  conferred  upon  an  east- 
ern county  created  during  his  speakership,  is  fresh  in  our  own 
times,  we  have  not  leisure  to  speak  at  large.  Like  most  of  the 
military  men  of  the  Revolution,  he  approved  the  Constitution, 
and  faithfully  executed  the  will  of  a  town  which  celebrated  the 
inauguration  of  that  instrument  with  one  of  the  most  brilliant 
exhibitions  in  her  history.234  Wythe  instantly  rose  to  address 

234  The  historical  student  will  see  the  name  of  Thomas  Mathews,  as 
Speaker  of  the  House  of  Delegates,  certifying  the  ratification  of  the 


VIRGINIA   CONVENTION   OF    1788.  307 

the  chair.  There  was  need  of  haste;  for  Henry  had  prepared 
a  series  of  amendments  which  he  desired  the  House  to  adopt, 
and  thus  postpone  the  final  vote  on  the  Constitution  for  an  in- 
definite period.  He  looked  pale  and  fatigued  ;  and  so  great  was 
his  agitation  that  he  had  uttered  several  sentences  before  he  was 
distinctly  heard  by  those  who  sat  near  him.  When  he  was  heard, 
he  was  recapitulating  the  history  of  the  Colonies  previous  to  the 
war,  their  resistance  to  the  oppressions  of  Great  Britain,  and  the 
glorious  conclusion  of  that  arduous  conflict.  To  perpetuate  the 
blessings  of  freedom,  he  contended  that  the  union  of  the  States 
should  be  indissoluble.  He  expatiated  on  the  defects  of  the 
Confederation.  He  pointed  out  the  impossibility  of  securing 
liberty  without  society,  the  impracticability  of  acting  personally, 
and  the  inevitable  necessity  of  delegating  power  to  agents.  He 
recurred  to  the  system  under  consideration.  He  admitted  its 
imperfection,  and  the  propriety  of  some  amendments.  But,  he 
said,  it  had  virtues  which  could  not  be  denied  by  its  opponents. 
He  thought  that  experience  was  the  best  guide,  and  that  most  of 
the  improvements  that  had  been  made  in  the  science  of  govern- 
ment, were  the  result  of  experience.  He  appealed  to  the  advo- 
cates for  amendments  to  say  whether,  if  they  were  indulged  with 
any  alterations  they  pleased,  there  might  not  be  still  a  necessity 
of  alteration  ?  He  then  proceeded  to  the  consideration  of  the 
question  of  previous  or  subsequent  amendments.  He  argued 
that,  from  the  dangers  of  the  crisis,  it  would  be  safer  to  adopt 
the  Constitution  as  it  is,  and  that  it  would  be  easy  to  obtain  all 
needful  amendments  afterwards.  He  then  proposed  a  form  of 
ratification,  which  was  handed  to  the  clerk  and  read  to  the 
committee.235 

Well  might  Wythe  evince  unusual  emotion  in  presenting  his 
scheme.  Henry  rose  in  a  fierce  humor  strangely  mixed  with 
grief  and  shame.  Whether  he  felt  discomfitted  by  having  been 

first  amendment  of  the  series  proposed  by  Congress  to  the  considera- 
tion of  the  States.  [He  was  Grand  Master  of  the  Grand  Lodge  of  Ma- 
sons of  Virginia  from  October  28, 1790,  to  October  28, 1793. — ED.]  John 
Pride,  another  member  of  the  Convention,  was  at  that  date  (December 
J5>  I791,)  Speaker  of  the  Senate  of  Virginia  ;  and  Humphrey  Brooke, 
another  member,  was  clerk  of  the  Senate  at  the  time. 

235  See  the  form  as  it  was  adopted  the  following  day. 


308  VIRGINIA   CONVENTION    OF    1788. 

forestalled  by  Wythe  in  offering  his  own  scheme,  which  had  been 
prepared  with  great  care,  to  the  committee,  or  was  moved  by  the 
terms  of  Wythe's  proposition,  or  was  influenced  by  the  sense  of 
the  imminent  danger  of  losing  the  great  battle  which  he  had 
been  waging  in  behalf  of  what  he  deemed  the  common  liberty, 
there  was  something  in  his  manner  and  in  the  subdued  tones  of 
his  voice  that  foretold  a  fearful  explosion.  In  the  beginning  of 
his  speech  he  pitched  his  passion  to  a  low  key.  He  thought  the 
proposal  of  ratification  premature,  and  that  the  importance  of 
the  subject  required  the  most  mature  deliberation.  He  dissented 
from  the  scheme  of  Wythe,  because  it  admitted  that  the  new 
system  was  capitally  defective;  for  immediately  after  the  pro- 
posed ratification  comes  the  declaration  that  the  paper  before  you 
is  not  intended  to  violate  any  of  the  three  great  rights — liberty  of 
the  press,  liberty  of  religion,  and  the  trial  by  jury.  What  is  the 
inference  when  you  enumerate  the  rights  which  you  are  to  enjoy  ? 
That  those  not  enumerated  are  relinquished.  He  then  discanted 
on  the  omission  of  general  warrants,  so  fatal  in  a  vast  country 
where  no  judge  within  a  thousand  miles  can  be  found  to  issue  a 
writ  of  habeas  corpus,  and  where  an  innocent  man  might  rot  in 
jail  before  he  could  be  delivered  by  process  of  law ;  the  dangers 
of  standing  armies  in  times  of  peace,  and  ten  or  eleven  other 
things  equally  important,  all  of  which  are  omitted  in  the  scheme 
of  Wythe.  Is  it  the  language  of  the  Bill  of  Rights  that  these 
things  only  are  valuable  ?  Is  it  the  language  of  men  going  into 
a  new  government  ?  After  pressing  with  great  force  the  incon- 
sistency and  futility  of  a  ratification  with  subsequent  amendments, 
he  exhorted  gentlemen  to  think  seriously  before  they  ratified  the 
Constitution  and  persuaded  themselves  that  they  will  succeed  in 
making  a  feeble  effort  to  obtain  amendments.  With  respect  to 
that  part  of  Wythe's  proposal  which  states  that  every  power  not 
granted  remains  with  the  people,  it  must  be  previous  to  adop- 
tion, or  it  will  involve  this  country  in  inevitable  destruction.  To 
talk  of  it  as  a  thing  subsequent,  not  as  one  of  your  inalienable 
rights,  is  leaving  it  to  the  casual  opinion  of  the  Congress  who 
shall  take  up  the  consideration  of  that  matter.  They  will  not 
reason  with  you  about  the  effect  of  this  Constitution.  They 
will  not  take  the  opinion  of  this  committee  concerning  its  opera- 
tion. They  will  construe  it  as  1,hey  please.  If  you  place  it 
subsequently,  let  me  ask  the  consequences  ?  Among  ten  thou- 


VIRGINIA    CONVENTION    OF    1788.  309 

sand  implied  powers  which  they  may  assume,  they  may,  if  we 
be  engaged  in  war,  liberate  every  one  of  your  slaves  if  they 
please.  And  this  must  and  will  be  done  by  men,  a  majority  of 
whom  have  not  a  common  interest  with  you. 

It  has  been  repeatedly  said  here  that  the  great  object  of  a 
national  government  is  national  defence.  All  the  means  in  the 
possession  of  the  people  must  be  given  to  the  government  which 
is  entrusted  with  the  public  defence.  In  this  State  there  are  two 
hundred  and  thirty-six  thousand  blacks,  but  there  are  few  or 
none  in  the  Northern  States.  And  yet,  if  the  Northern  States 
shall  be  of  opinion  that  our  numbers  are  numberless,  they  may 
call  forth  every  national  resource  May  Congress  not  say  that 
every  black  man  must  fight?  Did  we  not  see  a  little  of  this  last 
war  ?  We  were  not  so  hard  pushed  as  to  make  emancipation 
general,  but  Acts  of  Assembly  passed  that  every  slave  who 
would  go  to  the  army  should  be  free.  Another  thing  will  con- 
tribute to  bring  this  thing  about.  Slavery  is  detested  ;  we  feel 
its  fatal  effects  ;  we  deplore  it  with  all  the  pity  of  humanity.  Let 
all  these  considerations,  at  some  future  period,  press  with  full  force 
upon  the  minds  of  Congress.  They  will  search  that  paper  and 
see  if  they  have  the  power  of  manumission.  And  have  they 
not,  sir  ?  said  Henry.  Have  they  not  the  power  to  provide  for 
the  general  defence  and  welfare  ?  May  they  not  think  that  these 
call  for  the  abolition  of  slavery  ?  May  they  not  pronounce  all 
slaves  free,  and  will  they  not  be  warranted  by  that  power  ?  This 
is  no  ambiguous  implication  or  logical  deduction.  That  paper 
speaks  to  the  point.  They  have  the  power  in  clear,  unequivocal 
terms,  and  will  clearly  and  certainly  exercise  it.  The  majority  of 
Congress  is  to  the  North,  and  the  slaves  are  to  the  South.  In 
this  situation  I  see  great  jeopardy  to  the  property  of  the  people 
of  Virginia,  and  their  peace  and  tranquility  gone  away.  Dwell- 
ing on  this  topic  for  some  time,  he  recurred  to  the  subject  of 
subsequent  amendments,  and  denounced  the  novelty  as  well  as 
the  absurdity  of  such  a  proposition.  He  said  he  was  distressed 
when  he  heard  the  expression  from  the  lips  of  Wythe.  It  is  a 
new  thought  altogether.  It  is  opposed  to  every  idea  of  forti- 
tude and  manliness  in  the  States  or  in  anybody  else.  Evils  ad- 
mitted in  order  to  be  removed  subsequently,  and  tyranny  sub- 
mitted to,  in  order  to  be  excluded  by  a  subsequent  alteration,  are 
things  totally  new  to  me.  "  But  I  am  sure,"  he  said,  "  that  the 


310  VIRGINIA  CONVENTION    OF    1788. 

gentleman  meant  nothing  but  to  amuse  the  committee.  I  know 
his  candor.  His  proposal  is  an  idea  dreadful  to  me.  I  ask,  does 
experience  warrant  such  a  thing  from  the  beginning  of  the  world 
to  the  present  day?  Do  you  enter  into  a  compact  of  govern- 
ment first,  and  afterwards  settle  the  terms  of  the  government  ? 
It  is  admitted  by  everyone  that  this  is  a  compact.  Although  the 
Confederation  be  lost,  it  is  a  constitutional  compact,  or  something 
of  that  nature.  I  confess  I  never  heard  of  such  an  idea  before. 
It  is  most  abhorrent  to  my  mind.  You  endanger  the  tranquility 
of  your  country.  You  stab  its  repose,  if  you  accept  this  gov- 
ernment unaltered.  How  are  you  to  allay  animosities  ?  For 
such  there  are,  great  and  fatal.  He  flatters  me,  and  tells  me  that 
I  can  reconcile  the  people  to  it.  Sir,  their  sentiments  are  as  firm 
and  steady  as  they  are  patriotic.  Were  I  to  ask  them  to  apos- 
tatize from  their  ancient  religion,  they  would  despise  me.  They 
are  not  to  be  shaken  in  their  opinions  with  respect  to  the  pro- 
priety of  preserving  their  rights.  You  can  never  persuade  them 
that  it  is  necessary  to  relinquish  them.  Were  I  to  attempt  to 
persuade  them  to  abandon  their  patriotic  sentiments,  I  should 
look  on  myself  as  the  most  infamous  of  men.  I  believe  it  to  be 
a  fact  that  the  great  body  of  the  yeomanry  are  in  decided  oppo- 
sition to  that  paper  on  your  table.  I  may  say  with  confidence 
that  for  nineteen  counties  adjacent  to  each  other,  nine-tenths  of 
the  people  are  conscientiously  opposed  to  it.  I  have  not  hunted 
popularity  by  trying  to  injure  this  government.  Though  public 
fame  may  say  so,  it  was  not  owing  to  me  that  this  flame  of  oppo- 
sition has  been  kindled  and  spread.  These  men  will  never  part 
with  their  political  opinions.  Subsequent  amendments  will  not 
do  for  men  of  this  cast.  You  may  amuse  them  by  proposing 
amendments,  but  they  will  never  like  your  government." 

He  invoked  the  committee  to  look  to  the  real  sentiments  of  the 
people  even  in  the  adopting  States.  "  Look, "  he  said, "  at  Penn- 
sylvania and  Massachusetts.  There  was  a  majority  of  only  nine- 
teen in  Massachusetts.  We  are  told  that  only  ten  thousand  were 
represented  in  Pennsylvania,  although  seventy  thousand  were 
entitled  to  be  represented.  Is  not  this  a  serious  thing?  Is  it 
not  worth  while  to  turn  your  eyes  from  subsequent  amendments 
to  the  situation  of  your  country  ?  Can  you  have  a  lasting  union 
in  these  circumstances  ?  It  will  be  in  vain  to  expect  it.  But  if 
you  agree  to  previous  amendments,  you  shall  have  union  firm 


VIRGINIA    CONVENTION    OF    1788.  311 

and  solid.  I  cannot  conclude  without  saying  that  I  shall  have 
nothing  to  do  with  the  Constitution,  if  subsequent  amendments 
be  determined  upon.  I  say  I  conceive  it  my  duty,  if  this  gov- 
ernment is  adopted  before  it  is  amended,  to  go  home.  I  shall 
act  as  my  duty  requires.  Every  other  gentleman  will  do  the 
same.  Previous  amendments  are,  in  my  opinion,  necessary  to 
procure  peace  and  tranquility.  I  fear,  if  they  be  not  agreed  to, 
every  movement  and  operation  of  government  will  cease ;  and 
how  long  that  baneful  thing,  civil  discord,  will  stay  from  this 
country,  God  only  knows.  When  men  are  free  from  constraint, 
how  long  will  you  suspend  their  fury?  The  interval  between 
this  and  bloodshed  is  but  a  moment.  The  licentious  and  the 
wicked  of  the  community  will  seize  with  avidity  everything  you 
hold.  In  this  unhappy  situation,  what  is  to  be  done?  It  sur- 
passes my  stock  of  wisdom.  If  you  will,  in  the  language  of 
freemen,  stipulate  that  there  are  certain  rights  which  no  man 
under  heaven  can  take  from  you,  you  shall  have  me  going  along 
with  you  ;  not  otherwise." 

He  then  informed  the  committee  that  he  had  a  resolution 
prepared  to  refer  a  Declaration  of  Rights,  with  certain  amend- 
ments to  the  most  exceptionable  parts  of  the  Constitution,  to  the 
other  States  of  the  confederacy,  for  their  consideration  pre- 
vious to  its  ratification.  The  clerk  read  the  resolution,  the 
Declaration  of  Rights,  and  the  amendments,  which  were  nearly 
the  same  as  those  ultimately  proposed  by  the  Convention  236 
When  the  clerk  had  read  the  resolution  and  amendments,  Henry 
resumed  his  remarks,  and  by  considerations  drawn  from  our 
domestic  and  foreign  affairs,  enforced  the  necessity  of  the  adop- 
tion of  previous  amendments. 

Randolph  replied  to  Henry.  He  declared  that  he  anticipated 
this  awful  period,  but  he  confessed  that  it  had  not  become  less 
awful  by  familiarity  with  it.  Could  he  believe  that  all  was  tran- 
quil as  was  stated  by  the  gentleman,  that  no  storm  was  ready  to 
burst,  and  that  previous  amendments  were  possible,  he  would 
concur  with  the  gentleman  ;  for  nothing  but  the  fear  of  inevitable 
destruction  compelled  him  to  approve  the  Constitution.  "  But," 
says  Randolph,  "what  have  I  heard  to-day?  I  sympathized 
most  warmly  with  what  other  gentlemen  said  yesterday,  that, 

236  See  them  in  the  Appendix. 


312  VIRGINIA  CONVENTION    OF    1788. 

let  the  contest  be  what  it  may,  the  minority  should  submit  to 
the  majority.  With  satisfaction  and  joy  I  heard  what  he  then 
said — that  he  would  submit,  and  that  there  should  be  peace,  if 
his  power  could  procure  it.  What  a  sad  reverse  to-day  !  Are 
we  not  told  by  way  of  counterpart  to  language  that  did  him 
honor,  that  he  would  secede?  I  hope  he  will  pardon  and  correct 
me  if  I  mis-recite  him  ;  but,  if  not  corrected,  my  interpretation 
is  that  secession  by  him  will  be  the  consequence  of  adoption 
without  previous  amendments."  (Here  Henry  rose  and  denied 
having  said  anything  of  secession  ;  but  he  had  said  he  would 
have  no  hand  in  subsequent  amendments  ;  that  he  would  remain 
and  vote,  and  afterwards  he  would  have  no  business  here).  "  I 
see,"  continued  Randolph,  "that  I  am  not  mistaken.  The 
honorable  gentleman  says  he  will  remain  and  vote,  but  after  that 
he  has  no  business  here,  and  that  he  will  go  home.  I  beg  to 
make  a  few  remarks  about  secession.  If  there  be  in  this  house 
members  who  have  in  contemplation  to  secede  from  the  majority, 
let  me  conjure  them  by  all  the  ties  of  honor,  and  of  duty,  to 
consider  what  they  are  about  to  do.  Some  of  them  have  more 
property  than  I  have,  and  all  of  them  are  equal  to  me  in  per- 
sonal rights.  Such  an  idea  of  refusing  to  submit  to  the  decision 
of  the  majority  is  destructive  of  every  republican  principle.  It 
will  kindle  a  civil  war,  and  reduce  everything  to  anarchy,  uncer- 
tainty and  confusion.  To  avoid  a  calamity  so  lamentable,  I  would 
submit  to  the  Constitution,  if  it  contained  greater  evils  than  it  does. 
What  are  they  to  say  to  their  constituents  when  they  go  home  ? 
'  We  come  to  tell  you  that  liberty  is  in  danger,  and  though  the 
majority  are  in  favor  of  it,  you  ought  not  to  submit?  Can  any 
man  consider,  without  shuddering  with  horror,  the  awful  conse- 
quences of  such  desperate  conduct  ?  I  conjure  all  to  consider 
the  consequences  to  themselves  as  well  as  to  others.  They  them- 
selves will  be  overwhelmed  in  the  general  disorder." 

When  Randolph  closed  his  eloquent  and  patriotic  invocation 
to  the  members,  he  considered  the  scheme  proposed  by  Wythe, 
and  showed  by  a  minute  examination  of  its  words  that  it  secured 
all  other  rights  as  well  as  the  liberty  of  speech,  and  of  the  press, 
and  trial  by  jury.  He  answered  the  reasoning  of  Henry  in 
respect  of  the  abolition  of  slavery  by  Congress.  He  said  he 
hoped  that  none  here,  who,  considering  the  subject  in  the  calm 
light  of  philosophy,  will  advance  an  objection  dishonorable  to  Vir- 


VIRGINIA   CONVENTION    OF    1788.  313 

ginia;  that  at  the  moment  they  are  securing  the  rights  of  their 
citizens,  an  objection  is  started  that  there  is  a  spark  of  hope 
that  those  unfortunate  men  now  held  in  bondage,  may,  by  the 
operation  of  the  general  government,  be  made  free.  But  he 
denied  that  any  power  in  the  case  was  granted  to  the  general 
government,  and  defied  any  man  to  point  out  the  grant.  He 
examined  the  clause  in  relation  to  the  importation  of  persons 
prior  to  1808,  and  proved  that  no  such  power  could  be  drawn 
from  that  source,  and  he  instanced  the  extradition  of  persons 
held  to  labor  as  a  recognition  of  the  right  of  property  in  slaves, 
and  of  the  co-operation  of  the  government  to  sustain  that  right. 
He  recited  his  former  exposition  of  the  general  welfare  clause, 
and  proved  incontestibly  that  no  other  construction  than  his  own 
could  be  placed  upon  it.  He  then  reviewed  all  the  articles  in  the 
schedule  presented  by  Henry,  and  expressed  his  opinions  re- 
specting them  in  detail,  concluding  with  a  manly  and  pathetic 
appeal  to  the  members  not  to  reject  the  Constitution  and  sunder 
Virginia  from  her  sister  States,  for  the  Confederation  was  now 
no  more,  but  to  encounter  the  risk  of  obtaining  subsequent 
amendments,  and  preserve  the  Federal  union. 

Mason  rose  to  correct  a  remark  made  by  Randolph  in  respect 
of  the  right  of  regulating  commerce  and  navigation  contained  in 
the  Constitution,  and  made  a  most  interesting  disclosure.  Ran- 
dolph had  said  that  the  right  of  regulation  as  it  now  stands  was 
a  sine  qua  non  of  the  Constitution.  Mason  said  he  differed  from 
him.  It  never  was  and,  in  his  opinion,  never  would  be.  "  I  will 
give  you,"  he  said,  "to  the  best  of  my  recollection,  the  history 
of  that  affair.  This  business  was  discussed  at  Philadelphia  for 
four  months,  during  which  time  the  subject  of  commerce  and 
navigation  was  often  under  consideration ;  and  I  assert  that  eight 
States  out  of  twelve,  for  more  than  three  months,  voted  for  re- 
quiring two-thirds  of  the  members  present  in  each  House  to  pass 
commercial  and  navigation  laws.  True  it  is  that  it  was  after- 
wards carried  by  a  majority  as  it  now  stands.  If  I  am  right, 
there  was  a  great  majority  for  requiring  two-thirds  of  the  States 
in  this  business,  till  a  compromise  took  place  between  the  North- 
ern and  the  Southern  States,  the  Northern  States  agreeing  to  the 
temporary  importation  of  slaves,  and  the  Southern  States  con- 
ceding in  return  that  navigation  and  commercial  laws  should  be 
on  the  footing  on  which  they  now  stand.  These  are  my  reasons 


314  VIRGINIA    CONVENTION    OF    1788. 

for  saying  that  this  was  not  a  sine  qua  non  of  their  concurrence. 
The  Newfoundland  fisheries  will  require  that  kind  of  security 
which  we  are  now  in  want  of.  The  Eastern  States,  therefore, 
agreed  at  length  that  treaties  should  require  the  consent  of  two- 
thirds  of  the  members  present  in  the  Senate." 

Now,  for  the  first  time,  John  Dawson,  who  was  the  brother-in- 
law  of  Monroe,  as  well  as  his  colleague  from  Spotsylvania,  who 
was  frequently  a  member  of  the  House  of  Delegates,  and  was 
subsequently,  for  a  long  period,  a  member  of  the  House  of  Rep- 
resentatives, and  whose  elegant  address  and  sumptuous  apparel 
were  throughout  life  in  strong  contrast  with  his  hatred  of  a 
splendid  government,  and  with  the  stern  severity  of  his  republi- 
can principles,  addressed  the  committee.  He  reviewed  the  Con- 
stitution at  large  and  spoke  for  an  hour  with  much  earnestness 
in  opposition  to  the  Constitution,  declaring  at  the  close  of  his 
speech  "  that  liberty  was  a  sacred  deposit  which  he  would  never 
part  with,  and  that  the  cup  of  slavery,  which  would  be  pressed 
to  the  lips  of  the  people  by  the  adoption  of  the  Constitution,  was 
equally  unwelcome  to  him,  whether  administered  by  a  Turk,  a 
Briton,  or  an  American."  23T 

Grayson  followed  in  a  rapid  review  of  those  parts  of  the  new 
system  which  he  considered  radically  defective,  urged  the  indis- 
pensable necessity  of  previous  amendments,  and  pointed  out  with 
unerring  sagacity  the  ultimate  destruction  of  the  commercial  and 
manufacturing  interests  of  the  Southern  States  which  must  result 
from  the  adoption  of  the  Constitution.  He  concluded  by  saying 
that  but  for  one  great  character  so  many  men  could  not  be  found 
to  support  such  a  system.  "We  have  one  ray  of  hope,"  he 
said.  "We  do  not  fear  while  he  lives.  But  we  can  expect  only 
his  fame  to  be  immortal.  We  wish  to  know  who,  besides  him, 
can  concentrate  the  confidence  and  affections  of  all  America?  " 


237  Years  after  Dawson  was  in  his  grave,  and  half  a  century  after  the 
date  of  the  Convention,  a  friend  described  him  to  me  as  having  red 
hair,  most  recherche  in  his  dress,  and  wearing  fair  top  boots.  His  at- 
tention to  his  dress  gave  him  a  sobriquet,  which  is  long  since  forgotten 
and  which  I  shall  not  revive.  He  was  amiable  in  his  deportment.  He 
was  sent  to  France  on  an  important  occasion  with  despatches.  Henry 
was  very  fond  of  him. 

[The  sobriquet  was  "  Beau,"  as  is  still  quite  generally  recollected. 
Dawson  died  in  Washington,  D.  C.,  March  30,  1814,  aged  fifty-two 
years.— ED.] 


VIRGINIA    CONVENTION    OF    1788.  315 

Madison  then  rose,  and  in  an  argument  of  extreme  beauty  and 
force,  addressed  alike  to  the  pride,  the  interests,  and  the  honor 
of  the  House,  demonstrated  the  necessity  of  adopting  the  Con- 
stitution, with  a  firm  reliance  on  the  justice  and  magnanimity  of 
our  sister  States.  He  spoke  of  the  admiration  with  which  the 
world  regarded  the  United  States  for  the  readiness  and  ability 
with  which,  in  a  time  of  revolution,  they  had  formed  their  govern- 
ments on  the  soundest  principles  of  public  policy.  But  why  this 
wonder  and  applause  ?  Because  the  work  was  of  such  magni- 
tude, and  was  liable  to  be  frustrated  by  so  many  accidents.  How 
much  more  admiration  will  the  example  of  our  country  inspire 
should  we  be  able  peaceably,  freely,  and  satisfactorily  to  establish 
a  general  government  when  there  is  such  a  diversity  of  opinions 
and  interests,  and  when  our  councils  are  not  cemented  and  stim- 
ulated by  a  sense  of  imminent  danger?  He  spoke  of  the 
difficulty  and  delicacy  of  forming  a  system  of  government  for 
thirteen  States  unequal  in  territory  and  population,  and  possessing 
various  views  and  interests,  and  the  necessity  of  a  spirit  of  com- 
promise. He  then  reverted  to  the  clashing  opinions  of  the 
opponents  of  the  Constitution.  Some  of  them  thought  that  it 
contained  too  much  State  influence  ;238  others  that  it  was  consol- 
idated. Some  thought  that  the  equality  of  the  States  in  the 
Senate  was  a  defect ;  others  regarded  it  as  a  virtue.  He  discussed 
the  scheme  of  ratification  proposed  by  Wythe,  and  urged  that 
it  was  not  only  not  liable  to  the  objections  offered  by  Henry,  but 
was  fully  adequate  to  secure  all  the  great  rights  supposed  to  be 
imperiled  by  the  Constitution.  He  followed  mainly  in  the  track 
of  Henry's  arguments,  and  dwelt  upon  the  danger  apprehended 
by  that  gentleman  to  the  slave  property  of  the  South.  "  Let  me 
ask,"  says  Madison,  "if  even  Congress  should  attempt  anything 
of  the  kind,  would  it  not  be  an  usurpation  of  power?"  There 
is  no  power  to  warrant  it  in  that  paper.  If  there  be,  I  know  it 
not.  But  why  should  it  be  done  ?  The  honorable  gentleman 
says  for  the  general  welfare  ;  it  will  infuse  strength  into  our 
system.  Can  any  member  of  this  committee  suppose  that  it  will 
increase  our  strength  ?  Can  any  one  believe  that  the  American 

238  Madison  must  have  alluded  to  the  views  of  persons  in  the  General 
Convention,  and  beyond  the  limits  of  Virginia  ;  for  certainly  no  such 
opinion  was  expressed  in  the  present  Convention,  unless  he  descended 
so  far  as  to  allude  to  the  hypothetical  argument  of  Grayson. 


816  VIRGINIA  CONVENTION    OF    1788. 

councils  will  come  into  a  measure  which  will  strip  them  of  their 
property,  discourage  and  alienate  the  affections  of  five-thirteenths 
of  the  Union  ?  Why  was  nothing  of  this  sort  aimed  at  before  ? 
I  believe  such  an  idea  never  entered  into  an  American  breast ; 
nor  do  I  believe  it  ever  will,  unless  it  will  enter  into  the  heads  of 
those  gentlemen  who  substitute  unsupported  suspicions  for  rea- 
sons. He  concluded  by  observing  that  such  of  Henry's  amend- 
ments as  were  not  objectionable  might  be  recommended  for 
adoption  in  the  mode  prescribed  by  the  Constitution ;  not  that 
those  amendments  were  necessary,  but  because  they  can  produce 
no  possible  danger,  and  may  promote  a  spirit  of  peace.  "  But 
I  never  can  consent,"  he  said,  "to  previous  amendments  ;  be- 
cause they  are  pregnant  with  dreadful  dangers." 

Henry  replied  to  the  objections  of  Randolph  to  his  schedule 
of  amendments,  and  to  the  arguments  of  Madison.  When  he 
had  performed  this  office  in  detail,  he  concluded  his  speech  in  a 
strain  of  lofty  and  pathetic  eloquence.  "  The  gentleman  (Madi- 
son) has  told  you  of  the  numerous  blessings  which  he  imagines 
will  result  to  us  and  the  world  in  general  from  the  adoption  of 
this  system.  I  see  the  awful  immensity  of  the  dangers  with 
which  it  is  pregnant.  I  ?ee  it — I  feel  it.  I  see  beings  of  a  higher 
order  anxious  concerning  our  decision.  When  I  look  beyond 
the  horizon  that  binds  human  eyes,  and  see  the  final  consumma- 
tion of  all  human  things,  and  see  those  intelligent  beings  which 
inhabit  the  ethereal  mansions,  reviewing  the  political  decisions 
and  revolutions  which  in  the  progress  of  time  will  happen  in 
America,  and  the  consequent  happiness  or  misery  of  mankind,  I 
am  led  to  believe  that  -much  of  the  account  on  one  side  or  the 
other  will  depend  on  what  we  now  decide.  Our  own  happiness 
alone  is  not  affected  by  the  event.  All  nations  are  interested  in 
the  determination.  We  have  it  in  our  power  to  secure  the  hap- 
piness of  one-half  of  the  human  race.  Its  adoption  may  involve 
the  misery  of  the  other  hemispheres."  Here  we  are  told  "that 
a  storm  suddenly  rose.  It  grew  dark.  The  doors  came  to  with 
a  rebound  like  a  peal  of  musketry.  The  windows  rattled  ;  the 
huge  wooden  structure  rocked ;  the  rain  fell  from  the  eaves  in 
torrents,  which  were  dashed  against  the  glass  ;  the  thunder 
roared  ;  and  the  lightning,  casting  its  fitful  glare  across  the  anx- 
ious faces  of  the  members,  recalled  to  the  mind  those  terrific 
pictures  which  the  imaginations  of  Dante  and  Milton  have  drawn 


VIRGINIA    CONVENTION    OF    1788.  317 

of  those  angelic  spirits  that,  shorn  of  their  celestial  brightness, 
had  met  in  council  to  war  with  the  hosts  of  Heaven."  In  the 
height  of  the  confusion  Henry  stood  unappalled,  and,  in  the  lan- 
guage of  a  member  present,  "rising  on  the  wings  of  the  tempest, 
he  seized  upon  the  artillery  of  Heaven,  and  directed  its  fiercest 
thunders  against  the  heads  of  his  adversaries."  The  scene,  we 
are  told,  became  insupportable,  and  the  members  rushed  from 
their  seats  into  the  body  of  the  House.239 

While  the  members  were  moving  about  the  House,  and  were 
preparing  to  depart,  a  gleam  of  sunshine  penetrated  the  hall,  and 
in  a  few  moments  every  vestige  of  the  tempest  was  lost  in  a  glo- 
rious noon-day  of  June.  The  House  resumed  its  session  ;  when 
Nicholas  proposed  that  the  question  should  be  put  at  eleven  j 
o'clock  next  day.  _Clay  objected.  Ronald  also  opposed  the 
motion,  and  wished  amendments  should  be  prepared  by  a  com-  j 
mittee  before  the  question  was  taken.  Nicholas  contended  that 
the  language  of  the  proposed  ratification  would  secure  all  that 
was  desired,  as  it  declared  that  all  the  powers  vested  in  the 
Constitution  were  derived  from  the  people,  and  might  be  resumed 
by  them  whensoever  they  should  be  perverted  to  their  injury 
and  oppression,  and  that  every  power  not  granted  remained  at 
their  will.  For,  said  Nicholas,  these  expressions  will  become  a 
part  of  the  contract.  If  thirteen  individuals  are  about  to  make 
a  contract,  and  one  agrees  to  it,  but  at  the  same  time  declares 
that  he  understands  its  meaning,  signification  and  intent  to  be 
what  the  words  of  the  contract  plainly  and  obviously  denote ; 
that  it  is  not  to  be  construed  as  to  impose  any  supplementary 
condition  upon  him  ;  and  that  he  is  to  be  exonerated  from  it 
whensoever  any  such  imposition  shall  be  attempted — I  ask,  said 
Nicholas,  whether  in  this  case  these  conditions  on  which  he 
assented  to  it,  would  not  be  binding  on  the  other  twelve  ?  In 
like  manner,  these  conditions  will  be  binding  on  Congress. 

Ronald  replied  that  unless  he  saw  amendments,  either  previous 
or  subsequent,  introduced  to  secure  the  liberties  of  his  constit- 
uents, he  must  vote,  though  much  against  his  inclination,  against 
the  Constitution. 

239  Judge  Archibald  Stuart,  of  Augusta,  then  a  young  man,  and  a 
member  of  the  Convention,  and  a  friend  of  the  Constitution,  has  de- 
scribed this  scene  with  great  animation  in  a  letter  to  Wirt.  Life  of 
Henry,  313. 


318  VIRGINIA*CONVENTION   OF    1788. 

Madison  conceived  that  what  defects  there  might  be  in  the 
Constitution  might  be  removed  in  the  mode  prescribed  by  itself. 
He  thought  a  solemn  declaration  of  our  essential  rights  unneces- 
sary and  dangerous  ;  unnecessary,  because  it  was  evident  that 
the  general  government  had  no  power  but  what  was  given  it,  and 
the  delegation  alone  warranted  the  exercise  of  power;  danger- 
ous, because  an  enumeration,  which  is  not  complete,  is  not  safe. 
Such  an  enumeration  could  not  be  made  within  any  compass  of 
time  as  would  be  equal  to  a  general  negation  such  as  was  pro- 
posed in  the  form  presented  by  Wythe.  He  renewed  his  declara- 
tion that  he  would  assent  to  any  subsequent  amendments  that 
were  not  dangerous. 

The  committee  then  rose,  and  the  House  adjourned,  to  meet 
next  day  at  ten  o'clock. 

On  Wednesday  morning  the  twenty-fifth  day  of  June,  before 
the  bell  had  announced  the  hour  often,  every  member  was  in  his 
seat,  and  an  eager  and  anxious  crowd  filled  the  hall.  It  was 
known  that  the  final  vote  would  be  cast  in  the  course  of  the  day, 
and  it  was  generally  believed  that  the  Constitution  would  be  rati- 
fied ;  but  by  what  majority,  was  a  question  of  doubt  and  appre- 
hension to  its  warmest  friends.  The  manoeuver  of  Henry,  which 
had  at  a  single  blow  struck  from  the  list  of  its  friends  nearly  the 
whole  of  the  Kentucky  delegation,  was  freshly  remembered  ; 
some  such  dexterous  and  daring  movement  might  affect  the  votes 
of  four  or  five  members  who  had  hitherto  been  friendly,  and  the 
loss  of  five  votes  would  turn  the  scale  and  destroy  the  new  sys- 
tem. And  it  was  inferred  from  the  fierce  tone  of  Henry  in  the 
debate  of  the  previous  day,  that,  if  the  Constitution  were  carried, 
he  might,  on  the  announcement  of  the  vote,  rise  from  his  seat, 
protest  against  the  action  of  a  small  majority  on  so  vital  a  ques- 
tion, and,  at  the  head  of  the  minority,  withdraw  from  the  Con- 
vention. The  secession  of  so  large  a  number  of  the  most  able 
and  most  popular  men  in  the  Commonwealth  would  in  every 
aspect  be  fatal  to  the  Constitution.  The  result  must  follow  either 
that  the  friends  of  the  new  system  would  be  compelled  to  recon- 
sider the  vote  of  ratification,  and  accept  the  schedule  of  previous 
amendments  proposed  by  Henry,  or  remain  firm  and  uphold 
their  decision  by  an  appeal  to  arms.  Either  alternative  was  most 
unwelcome,  and  fraught  with  extreme  peril.  To  rescind  the  vote 
of  ratification  at  a  time  when  nine  States  had  adopted  the  new 


VIRGINIA    CONVENTION    OF    1788.  319 

system  and  would  proceed  to  organize  the  Federal  Government 
in  pursuance  of  its  provisions,2*0  and  to  surrender  the  fruits  of  a 
victory  so  dearly  earned,  involved  not  only  a  deep  sense  of 
humiliation  in  the  minds  of  the  majority,  but  a  complete  frustra- 
tion of  all  their  plans  and  all  their  hopes.  In  many  respects  the 
delay  would  be  fatal.  It  was  plain  that  Washington  could  not  \ 
have  been  chosen  the  head  of  a  government  of  which  Virginia 
was  not  a  component  part,  and  the  danger  likely  to  arise  from  the 
selection  of  any  other  individual  to  carry  the  new  system  into 
effect  was  imminent.  There  was  another  danger,  which,  though 
it  might  not  so  keenly  affect  the  sensibilities  of  the  majority,  was 
yet  appalling.  As  the  new  President  would  certainly  be  a  North- 
ern man,  and  probably  the  Vice-President  also,  and  as,  in  the 
organization  of  the  new  system,  some  measures  not  agreeable  to 
the  taste  or  to  the  feelings  of  its  opponents  might  be  adopted, 
hostility  to  the  Constitution,  already  great,  might  gain  strength, 
and  a  confederacy,  consisting  of  Virginia,  Kentucky,  and  North 
Carolina  in  the  first  instance,  and  embracing  ultimately  South 
Carolina  and  Georgia,  would  be  called  into  existence.  Such 
were  the  difficulties  to  be  apprehended  from  the  first  alternative. 
But  alarming  and  perilous  as  the  first  alternative  decidedly  was, 
the  second  was  still  more  formidable.  If  the  majority  resolved 
to  sustain  their  vote  by  a  resort  to  arms,  to  what  quarter  would 
they  look  for  help  ?  Not  to  the  General  Assembly,  which  was 
shortly  to  meet ;  for  that  body,  as  the  fact  proved,  was  opposed 
to  the  new  scheme,  and,  glad  of  an  opportunity  of  overthrowing 
it,  would  have  upheld  its  opponents.  Nor  could  they  look  for 
support  to  the  people ;  for,  as  was  generally  believed  at  the  time, 
two-thirds  of  the  people  at  least  regarded  the  new  scheme  with 
apprehension  and  dislike.241  The  only  resource  of  the  friends  of 

240  Henry  stated  in  debate  this  day  that  "  we  are  told  that  nine  States 
have  adopted  it";  and  it  is  probable  that  Madison  had  heard  from 
New  Hampshire  that  that  State  would  certainly  adopt  the  Constitution, 
which  it  had  actually  done  on  the  2ist,  thVee  days  before  ;  but  the  fact 
could  not  have  been  known  in  Richmond  on  the  25th.     Indeed,  Harri- 
son did  not  allude  to  the  act  of  New  Hampshire  in  his  speech  delivered 
during  the  morning,  when  he  spoke  of  the  course  of  that  State  respect- 
ing amendments. 

241  Judge  Marshall  states  that,  "in  some  of  the  adopting  States  it  is 
scarcely  to  be  doubted  that  a  majority  of  the  people  were  in  the  oppo- 
sition"; and  he  doubtless  had  reference  to  Virginia,  the  State  he  knew 


320  VIRGINIA  "CONVENTION    OF    1788. 

the  Constitution  would  have  been  to  appeal  to  the  new  government, 
and  bring  about  a  war  between  the  non-slaveholding  and  the 
slaveholding  States  ;  the  result  of  which,  whether  prosperous  or 
adverse  to  the  arms  of  the  new  government,  would  equally 
destroy  all  hopes  of  a  friendly  union  of  the  States. 

On  the  other  hand,  the  opponents  of  the  Constitution  were  in 
a  dangerous  mood.  They  believed  that  instrument  at  best,  with 
the  aid  of  all  the  amendments  which  were  likely  to  be  adopted, 
to  be  fatal  to  the  public  liberty  ;  and  they  thought  that  they  had 
gone  to  the  farthest  verge  of  concession  in  assenting  to  its  ratifi- 
cation with  the  hope  of  subsequent  amendments.  But  it  now 
seemed  that  they  were  not  to  obtain  even  the  boon  of  subse- 
quent amendments.  The  liberal  promises  which  had  been  dealt 
out  were  all  a  sham.  Strange  rumors  were  indeed  abroad.  It 
was  first  mentioned  in  whispers,  and  was  then  currently  reported 
that,  as  soon  as  the  Constitution  was  ratified,  its  leading  friends 
would,  under  various  pretexts,  quit  the  city  and  leave  the  ques- 
tion of  future  amendments  to  its  fate,  with  a  deliberate  design  to 
prevent  their  incorporation  into  the  new  system.  To  incur  a 
defeat  on  the  question  of  the  ratification  of  the  Constitution  was 
a  source  of  the  deepest  mortification  to  its  opponents ;  but  to  be 
tricked  into  the  bargain  was  past  bearing.  They  would  not  sub- 
mit at  one  and  the  same  time  to  a  loss  of  liberty  and  to  a  flagrant 
outrage.  The  session  of  the  Assembly  was  at  hand.  That  body 
must  be  looked  to  to  save  the  country.  It  might  refuse  to  recog- 
nize the  new  system  ;  might  refuse  to  pass  the  necessary  laws  for 
carrying  it  into  effect,  and  might  refuse  to  order  an  election  of  rep- 
resentatives, or  an  election  of  senators,  until  the  proposed  amend- 
ments were  made  a  part  of  the  Constitution.  In  the  meantime, 
it  might  appoint  commissioners  to  ascertain  the  terms  of  a  union 
with  North  Carolina,  which  State  was  determined  to  reject  the 
Constitution,2412  and  might  hold  the  militia  in  readiness  for  contin- 


best.  He  also  confirms  the  remark  of  Grayson,  "  that  had  the  influ- 
ence of  character  been  removed,  the  intrinsic  merits  of  the  instrument 
would  not  have  secured  its  adoption."  Life  of  Washington,  II,  127. 
I  quote  the  second  edition  of  the  work,  which  is  in  every  possible  re- 
spect superior  to  the  first.  Had  the  work  appeared  originally  as  it  now 
is,  the  fame  of  the  author  would  have  been  greatly  enhanced. 

242  North  Carolina  rejected  the  Constitution  by  a  majority  of  one  hun- 
dred.    The  vote  stood  one  hundred  and  eighty-four  to  eighty-four. 


VIRGINIA   CONVENTION    OF    1788.  321 

gencies.  Never,  at  any  period  in  the  history  of  the  Colony  or 
of  the  Commonwealth,  did  a  deliberative  assembly  meet  in  such 
painful  circumstances  of  doubt  and  alarm  as  on  this  memorable 
morning. 

The  House  immediately  went  into  committee,  Pendleton  call- 
ing Mathews  to  the  chair.  Nicholas  was  the  first  to  break 
silence.  He  said  that  he  did  not  wish  to  enter  into  further 
debate,  that  delay  could  only  serve  the  cause  of  those  who 
wished  to  destroy  the  Constitution,  and  that,  should  the  Consti- 
tution be  ratified,  amendments  might  be  adopted  recommending 
Congress  to  alter  that  instrument  in  the  mode  prescribed  by 
itself.  He  warmly  repelled  the  charge  that  the  friends  of  the 
Constitution  meditated  a  flight  after  its  adoption,  and  defied  the 
author  of  the  charge  to  establish  its  truth.  He  declared  his 
own  wish  for  amendments ;  thought  the  amendments  secured  in 
the  form  proposed  by  Wythe  were  satisfactory,  but  was  willing 
to  agree  to  others  which  would  not  destroy  the  spirit  of  the 
Constitution.  He  moved  that  the  clerk  read  the  form  of  ratifi- 
cation proposed  by  Wythe,  that  the  question  might  be  put  upon 
it.  The  clerk  read  the  form,  and  also  read,  at  the  suggestion 
of  Tyler,  the  bill  of  rights  and  the  amendments  proposed  by 
Henry. 

The  urgency  of  the  crisis  brought  Harrison  to  the  floor. 
This  venerable  man  had  in  all  the  great  conjunctures  of  a  quarter 
of  a  century  then  past  acted  an  honorable  part.  He  was  a 
member  of  that  celebrated  committee  which,  in  1764,  had  drawn 
the  memorials  to  the  king,  the  lords,  and  the  commons  of  England. 
He  was  an  old  member  of  high  standing  in  the  House  of  Bur- 
gesses in  1765,  when  Henry  offered  his  resolutions  against  the 
Stamp  Act.  In  all  the  early  Conventions  he  had  strenuously 
upheld  the  rights  of  the  Colony  and  the  dignity  of  the  new  Com- 
monwealth. In  Congress  he  had  been  during  the  war  at  the 
head  of  the  most  important  military  committees  ;  had  been 
deputed  on  emergencies  to  the  headquarters  of  the  army,  and 
had  presided  in  the  Committee  of  the  Whole  when  the  resolu- 
tion of  independence  and  the  Declaration  of  Independence  had 

The  Convention  began  its  session  on  the  2ist  of  June  and,  of  course, 
was  sitting  when  the  vote  of  Virginia  was  taken. —  Wheeler's  History 
of  North  Carolina,  page  60.  It  was  not  until  the  2ist  of  November  of 
the  following  year  that  the  Federal  Constitution  was  adopted. 


322  VIRGINIA   CONVENTION    OF    1788. 

been  approved,  and  when  the  Articles  of  Confederation  had  been 
prepared  by  Congress.  He  rarely  spoke  at  great  length,  and 
his  speeches  were  adapted  rather  to  a  council  of  men  charged 
with  responsible  duties  to  be  instantly  performed  than  to  popular 
bodies;  but  his  great  experience  as  a  statesman,  and  his  practical 
sense,  expressed  in  a  short  harangue,  had  often  more  influence 
than  the  well-reasoned  speeches  of  ordinary  orators.  He  now 
rose  to  utter  his  solemn  protest  against  the  ratification  of  the 
Constitution.  He  denounced  the  policy  of  trusting  to  future 
amendments.  When  the  Constitution  was  once  ratified  it  was 
beyond  our  reach.  Even  future  amendments  might  be  evaded 
by  the  flight  of  its  friends  ;  and  if  adopted  by  the  House,  what 
was  the  hope  of  their  ultimate  success  ?  The  small  States,  he 
said,  refused  to  come  into  the  Union  without  extravagant  con- 
cessions :  and  can  it  be  supposed  that  those  States,  whose  interest 
and  importance  are  so  greatly  enhanced  under  the  Constitution 
as  it  stands,  will  consent  to  an  alteration  that  will  diminish  their 
influence?  Never!  Let  us  act  now,  he  said,  with  that  fortitude 
which  animated  us  in  our  resistance  to  Great  Britain.  He  entered 
into  a  minute  analysis  of  the  views  of  the  different  States  in 
respect  of  amendments,  and  drew  the  conclusion  that  seven  States 
were  anxious  to  obtain  them.  Can  it  be  doubted  that,  if  these 
seven  States  make  amendments  a  condition  of  their  accession, 
they  will  be  discarded  from  the  union  ?  Let  us,  then,  not  be 
persuaded  into  the  opinion  that,  if  we  reject  the  Constitution,  we 
will  be  cast  adrift  and  abandoned.  He  had  no  such  idea.  He 
was  attached  to  the  union.  A  vast  majority  of  the  people  were 
attached  to  it.  But  he  thought  he  saw  a  desire  to  make  a  great 
and  powerful  government.  Look  at  the  recent  settlement  of  the 
country,  and  its  present  population  and  wealth,  and  who  can  fail 
to  perceive  that  such  a  scheme  was  premature  and  impossible. 
National  greatness  ought  not  to  be  forced.  Like  the  formation 
of  great  rivers,  it  should  be  gradual  and  progressive.  Gentlemen 
tell  us  that  we  must  look  to  the  Northern  States  for  help  in 
danger.  Did  they  relieve  us  during  the  Revolution  ?  They  left 
us  to  be  buffeted  by  the  British.  But  for  the  fortunate  aid  of 
France  we  should  have  been  ruined.  He  concluded  by  an  appeal 
to  Heaven  that  he  cherished  the  union  ;  but  he  deemed  the 
adoption  of  the  Constitution  without  previous  amendments  to  be 
unwarrantable,  precipitate,  and  dangerously  impolitic. 


VIRGINIA   CONVENTION    OF    1788.  323 

Madison  spoke  with  something  more  than  his  usual  courtesy. 
He  would  not  have  risen,  he  said,  but  for  the  remarks  which  had 
fallen  from  Harrison.  He  protested  against  the  unkind  sus- 
picions of  withdrawal  which  had  been  raised  against  the  friends 
of  the  Constitution  on  the  subject  of-  amendments,  and  argued 
from  Harrison's  statements  that,  if  seven  States  desired  amend- 
ments, the  accession  of  Virginia  would  secure  the  success  of  the 
common  object.  It  was  easy  to  obtain  amendments  hereafter  ; 
but,  if  we  called  upon  the  States  to  rescind  what  they  had  done, 
to  confess  that  they  have  done  wrong,  and  to  consider  the  sub- 
ject anew,  it  would  produce  delays  and  dangers  which  he  shud- 
dered to  contemplate.  Let  us  not  hesitate  in  our  choice,  and  he 
declared  that  there  was  not  a  friend  of  the  Constitution  that 
would  not  concur  in  procuring  amendments. 

Monroe  followed  Madison,  and  contended  that  previous 
amendments  alone  were  worth  anything.  Would  the  small 
States  refuse  to  grant  them,  and  make  enemies  of  the  large  and 
powerful  States  ?  He  did  not  think  that  the  Federal  Govern- 
ment would  immediately  infringe  the  rights  of  the  people,  but 
he  thought  that  the  operation  of  the  government  would  be  op- 
pressive in  process  of  time.  He  pronounced  the  argument  of 
Madison,  derived  from  the  impracticability  of  obtaining  previous 
amendments,  fallacious,  and  a  specious  evasion.  The  Constitu- 
tion is  admitted  to  be  defective.  Did  ever  men  meet  with  so 
loose  and  uncurbed  a  commission  as  the  General  Convention  ? 
And  can  it  be  supposed  that  subsequent  reflection  on  the  plan 
which  they  put  forth  may  not  make  it  more  efficient  and  com- 
plete? As  to  the  amendments  presented  to  the  committee,  they 
are  acknowledged  to  be  harmless  ;  but  their  previous  acceptance 
will  secure  our  rights.  He  hoped  that  gentlemen  would  concur 
in  them. 

The  friends  of  the  Constitution  well  knew  that  Henry  would 
address  some  parting  words  to  the  House,  and  had  foreseen  the 
necessity  of  presenting  the  new  system  in  its  most  favorable 
light  when  the  question  was  about  to  be  taken.  The  choice  of 
an  individual  to  perform  that  delicate  office  was  made  with  their 
usual  tact.  Second  to  Henry,  and  second  to  Henry  alone,  in 
action,  in  a  varied  and  splendid  eloquence,  and  in  all  those  fac- 
ulties that  enable  men  to  move  popular  assemblies,  stood  con- 
fessedly a  young  man,  then  entering  his  thirty-fourth  year,  whose 


324  VIRGINIA    CONVENTION   OF    1788. 

name,  becoming  extinct  in  the  early  part  of  the  present  century 
by  the  sudden  and  untimely  death  of  its  representative  while 
engaged  in  the  naval  service  of  his  country  in  a  distant  sea,  was 
widely  known  and  honored  in  his  generation,  but  which,  rarely 
mentioned  in  the  political^  controversies  of  the  day,  has  almost 
slipped  from  the  memory  of  men.  On  the  field  of  battle,  at  the 
bar,  and  in  the  House  of  Delegates  he  held  a  distinguished  rank 
among  his  compeers  ;  but,  owing  to  his  attendance  on  the  courts 
then  sitting  as  the  Attorney- General  of  the  Commonwealth,  he 
did  not  appear  often  in  the  House,  and  had  not  opened  his  lips 
in  debate.  Of  that  brilliant  group  of  soldier-statesmen,  who 
drew  their  inspiration  from  the  counsels  of  Wythe,  and  whose 
virtues  shed  renown  not  only  on  Virginia,  but  on  the  Union  at 
large,  none  more  eminently  merits  the  grateful  and  affectionate 
regard  of  succeeding  times  than  James  Innes.  Like  Henry,  he 
was  the  son  of  a  Scotchman — the  Rev.  Robert  Innes,  who  was 
a  graduate  of  Oxford;  who  had  come  over  to  this  country  some 
years  before  the  birth  of  James,  on  the  recommendation  of  the 
Bishop  of  London,  and  who  became  the  rector  of  the  parish  of 
Drysdale,  in  the  county  of  Caroline.  His  classical  training 
James  received  from  his  father,  who  intended  him,  the  youngest 
of  three  sons,  for  the  Church,  and  who  bequeathed  to  him  his 
library.  In  1771  he  entered  William  and  Mary  College,  and  in 
a  class  consisting  of  Elands,  Boushes,  Diggeses,  Fitzhughs, 
Madisons,  Maurys,  Pages,  Randolphs,  Rootes,  Stiths,  and 
Wormleys,  he  was  singled  out  as  the  most  eminent  for  skill  in 
declamation,  for  fluent  elocution,  and  for  elegant  composition. 
George  Nicholas,  Bishop  Madison,  St.  George  Tucker,  then  a 
clever  youth,  who  had  come  over  from  Bermuda  to  attend  col- 
lege, and  who  magnanimously  took  the  side  of  his  foster-home 
in  the  approaching  war,  and  Beverley  Randolph,  were  his  friends 
and  associates.243  He  had  exhausted  his  slender  patrimony  in 
paying  his  college  bills,  and  accepted  the  office  of  usher,  under 
Johnson,  in  the  school  of  humanity.  At  the  beginning  of  the 
troubles  he  rallied  a  band  of  students,  and  secured  some  stores 
which  were  about  to  be  secreted  by  Dunmore;  and,  as  a  reward 
of  his  patriotism,  was  dismissed  by  the  faculty,  which  as  yet  re- 


243  See  the  class  of  1771  in  the  general  catalogue  of  William  and 
Mary. 


VIRGINIA    CONVENTION   OF    1788.  325 

mained  faithful  to  the  Crown.344  In  February,  1776,  he  was 
elected  captain  of  an  artillery  company,  and  marched  to  Hamp- 
ton to  repress  the  incursions  of  the  enemy.245  In  November, 
1776,  he  was  appointed  lieutenant-colonel  of  one  of  the  six  bat- 
talions of  infantry  to  be  raised  on  the  Continental  establishment; 
and  joining  the  Northern  army,  he  became  one  of  the  aids  of 
Washington,  and  shared  in  the  glory  of  Trenton,  Princeton, 
Brandy  wine,  Germantown,  and  Monmouth.246  His  regiment 
having  dwindled,  from  the  casualties  of  war,  beneath  the  dignity 
of  a  lieutenant-colonel's  command,  he  resigned  his  commission, 
and  returned  to  Virginia.  In  October,  1778,  he  was  appointed 
by  the  Assembly  one  of  the  commissioners  of  the  navy.247  In 
1780  he  entered  the  House  of  Delegates  as  a  member  from  James 
City,  where  he  made  his  first  essay  as  a  debater.  At  the  solici- 
tation of  Washington  he  raised  a  regiment  for  home  defence, 
and  was  present  with  his  command  at  the  siege  of  York.  He 
then  devoted  himself  to  the  profession  of  law,  and  attained  a 
high  rank  at  the  bar.  His  popular  manners,  his  classical  taste, 
and  his  captivating  eloquence  soon  attracted  public  attention,  and 
he  was  elected  the  successor  of  Edmund  Randolph  in  the  office 
of  Attorney-General.  In  the  faculty  of  addressing  popular 


244  Letter  of  Miss  Lucy  H.  Randolph,  September  24,  1855.     Miss  Ran- 
dolph is  a  granddaughter  of  Colonel  Innes.     I  trust  that  she  will  see 
that,  wherein  I  have  not  adopted  her  statements,  I  have  record  evi- 
dence beyond  dispute  to  sustain  me. 

245  Virginia  Gazette  of  that  date.     For  his  appointment  as  lieutenant- 
colonel,  see  Journal  of  the  House  of  Delegates,  November  13,  1776, 
page  54.    George  Nicholas  was  appointed  major  at  the  same  time ;  also 
Holt  Richeson.      For  the  settlement  of  the  father  of  Innes  in  Drysdale 
parish,  see  Bishop  Meade's  Old  Churches,  I,  414. 

246  Burti1  s  Virginia,  IV,  234. 

247  Journal  of  the  House  of  Delegates,  October  21,  1778,  page  22.     It 
has  been  stated  that  Colonel  Innes  was  at  the  battle  of  Monmouth.    An 
anecdote,  told  of  Innes  in  connection  with  that  battle,  has  been  long 
current  in  Virginia,  for  the  truth  of  which  I  do  not  avouch.     It  seems 
that  he  at  once  comprehended  the  reason  of  Lee's  retreat,  and  being 
asked  why  he  did  not  communicate  his  impressions  to  Washington 
when  that  gentleman  overhauled  Lee  in  rough  terms,  he  said  that  at 
that  moment  he  would  as  soon  have  addressed  the  forked  lightning. 
Innes  was  born  in  1754.     His  mother  was  Miss  Catharine  Richards,  of 
Caroline. 


326  VIRGINIA   CONVENTION    OF    1788. 

bodies,  of  all  his  contemporaries  he  approached,  in  the  general 
estimation,  nearest  to  Patrick  Henry.  There  were  those,  who, 
fascinated  by  the  graces  of  his  manner,  by  his  overwhelming  ac- 
tion, by  the  majestic  tones  of  his  voice,  and  by  his  flowing  pe- 
riods, thought  him  more  eloquent  than  Henry.  We  know  that 
the  most  distinguished  living  Virginian,  who  had  heard  both 
speakers,  has  pronounced  Innes  the  most  classical',  the  most  ele- 
gant, and  the  most  eloquent  orator  to  whom  he  ever  listened.248 
Born  in  Caroline,  the  residence  of  Pendleton,  and  the  pupil  of 
Wythe,  he  possessed  the  confidence  of  those  illustrious  men, 
who  watched  with  affectionate  attachment  the  development  of  his 
genius,  who  witnessed  his  finest  displays,  and  who,  in  their  ex- 
treme old  age,  deplored  his  untimely  death. 

His  physical  qualities  marked  him  among  his  fellows  as  dis- 
tinctively as  his  intellectual.  His  height  exceeded  six  feet.  His 
stature  was  so  vast  as  to  arrest  attention  in  the  street.  He  was 
believed  to  be  the  largest  man  in  the  State.  He  could  not  ride 
an  ordinary  horse,  or  sit  in  a  common  chair,  and  usually  read  or 
meditated  in  his  bed  or  on  the  floor.  On  court  days  he  never 
left  his  chamber  till  the  court  was  about  to  sit,  studying  all  his 
cases  in  a  recumbent  posture.  It  is  believed  that  he  was  led  to 
adopt  this  habit  not  so  much  from  his  great  weight  as  from  a 
weakness  induced  by  exposure  during  the  war.  In  speaking, 
when  he  was  in  full  blast,  and  when  the  tones  of  his  voice  were 
sounding  through  the  hall,  the  vastness  of  his  stature  is  said  to 
have  imparted  dignity  to  his  manner.  His  voice,  which  was  of 
unbounded  power  and  of  great  compass,  was  finely  modulated  ; 
and  in  this  respect  he  excelled  all  his  compeers  with  the  exception 
of  Henry.  From  his  size,  from  the  occasional  vehemence  of  his 
action,  and  from  a  key  to  which  he  sometimes  pitched  his  voice, 
he  is  said  to  have  recalled  to  the  recollections  of  those  who  had 


248  Such  is  the  opinion  of  Governor  Tazewell,  who,  when  a  young 
man,  was  accustomed  to  hear  Innes.  I  once  asked  Governor  Tazewell 
what  he  thought  of  Innes  as  a  lawer.  "  Innes,  sir,  was  no  lawyer  (that 
is,  he  was  not  as  profound  a  lawyer  as  Wythe,  or  Pendleton,  or  Thom- 
son Mason,  who  were  eminent  when  Innes  was  born) ;  but  he  was  the 
most  elegant  belles-lettres  scholar  and  the  most  eloquent  orator  I 
ever  heard."  It  must  be  remembered  that  Innes,  at  the  time  of  his 
death,  in  1798,  had  not  completed  his  forty-fourth  year;  and  that  Wythe 
and  Pendleton  attained  to  nearly  double  his  years. 


VIRGINIA    CONVENTION   OF    1788.  327 

heard  Fox  the  image  of  that  great  debater.  A  miniature  by 
Peale,  still  in  the  possession  of  his  descendants,  has  preserved 
his  features  to  posterity.  He  is  represented  in  the  dress  of  a 
colonel  in  the  Continental  line  ;  and  we  gather  from  that  capa- 
cious and  intellectual  brow,  shaded  by  the  fresh  auburn  hair  of 
youth,  those  expressive  blue  eyes,  that  aquiline  nose,  some  notion 
of  that  fine  caste  of  features  and  that  expression  which  were  so 
much  admired  by  our  fathers.  His  address  was  in  the  highest 
degree  imposing  and  courteous ;  and  in  the  social  circle,  as  in 
debate  or  at  the  bar,  his  classical  taste,  and  an  inexhaustible 
fund  of  humor,  of  wit,  of  accurate  and  varied  learning,  kindly 
and  generously  dispensed,  won  the  regard  and  excited  the  admi- 
ration of  all. 

From  the  day  when  a  youth  he  entered  the  family  of  Wash- 
ington to  the  day  of  his  death,  Innes  shared  the  confidence  of 
his  chief.249  He  was  dispatched  by  him  on  a  secret  mission  to 
Kentucky  at  a  dangerous  crisis,  and  was  tendered  the  office  of 
Attorney-General  of  the  United  States,  which  the  state  of  his 
health  and  the  condition  of  his  family  compelled  him  to  decline. 
Had  he  accepted  that  appointment,  and  had  his  life  been  pro- 
tracted to  the  age  of  his  colleagues  and  associates — of  Madison, 
of  Monroe,  of  Marshall,  and  of  Stuart,  of  Augusta — his  history, 
instead  of  being  made  up  of  meagre  shreds  collected  from  old 
newspapers,  from  the  scattering  entries  in  parliamentary  journals, 
from  moth-eaten  and  half-decayed  manuscripts,  from  the  testi- 
mony of  a  few  solitary  survivors  of  a  great  era,  and  from  the 
fond  but  hesitating  accents  of  descendants  in  the  third  and  fourth 
generation,  might  have  been  yet  living  on  a  thousand  tongues, 
and  his  name  have  been,  in  connection  with  the  names  of  the 
friends  and  co-equals  of  his  youth,  one  of  the  cherished  house- 
hold words  of  that  country,  whose  infancy  had  been  protected  by 
his  valor,  and  whose  glory  had  been  enhanced  by  the  almost 
unrivaled  splendor  of  his  genius,  and  by  the  undivided  homage 
of  his  heart.250 

249  Innes  died  the  year  before  Washington. 

250  It  is  proper  to  say  that  I  have  frequently  conversed  during  the  past 
thirty  years  with  those  who  knew  James  Innes  from  his  youth  upward, 
and  that  my  impressions  of  his  character  have  been  drawn  from  various 
other  sources  than  those  already  cited. 


328  VIRGINIA    CONVENTION    OF    1788. 

Unfortunately  for  the  reputation  of  Innes,  no  fair  specimen  of 
his  eloquence  remains.  We  are  told  that,  like  Henry,251  he 
rarely  spoke  above  an  hour  ;  and  that,  as  he  prepared  himself 
with  the  utmost  deliberation,  he  presented  a  masterly  outline  of 
his  subject,  dwelling  mainly  upon  the  great  points  of  his  case  ; 
that  he  embellished  his  arguments  with  the  purest  diction  and 
with  the  aptest  illustrations,  and  that  he  delivered  the  whole  with 
a  power  of  oratory  that  neither  prejudice  nor  passion  could  effec- 
tually resist. 

Such  was  the  man  whom  the  friends  of  the  Constitution  had 
chosen  to  make  the  last  impression  upon  the  House  in  its  favor. 
The  occasion  was  not  wholly  congenial  to  his  taste.  Nor  was  it 
altogether  favorable  to  his  fame  as  a  statesman.  If  he  discussed 
the  new  system  in  detail  he  would  injure  the  cause  of  its  friends 
who  were  eager  for  the  question,  and  he  would  promote  the  ends 
of  its  enemies  who  were  anxious  for  delay  and  would  rejoice  to 
re-open  the  debate.  And  if  he  passed  lightly  over  his  subject  he 
would  suffer  in  a  comparison  with  his  colleagues  who  had,  after 
months  of  study,  debated  at  length  every  department  of  the  new 
government.  In  the  brief  notes  of  his  speech  which  have  come 
down  to  us,  this  vacillation  of  purpose  is  plainly  visible.262-  He 

251  Henry  spoke  in  the  present  Convention  several  times  for  more 
than  two  hours,  and  on  one  occasion  more  than  three,  and  at  the  bar 
in  important  cases  he  has  spoken  over  three  hours,  and  in  the  British 
debt  cause  for  three  entire  days  ;  but  in  the   House  of  Delegates  he 
rarely  spoke  over  half  an  hour.     One  part  of  his  policy  was  to  provoke 
replies,  which  furnished  him  with  fresh  matter. 

252  Innes  adhered  to  the  Federal  party  during  the  administration  of 
Adams,  and  would  have  been  sent  envoy  to  France  in  place  of  Judge 
Marshall,  had  not  a  friend  informed  the  President  that  he  would  be 
unable  from  the  condition  of  his  family  to  accept  the  appointment.     He 
accepted,  however,  the  office  of  Commissioner  under  Jay's  treaty,  in 
the  latter  part  of  1797,  and  was  discharging  its  duties  in  Philadelphia  at 
the  time  of  his  death,  on  the  second  of  August,  1798.     He  was  buried 
in  Christ  Church  burial  ground  in  that  city,  not  far   from  the  grave  of 
Franklin.     A  plain   marble  slab   marks  the  spot.     It  once  stood   on 
columns,  but  from  the  filling  up  of  the  yard  some  years  ago,  is  now 
level  with  the  ground. 

Henry  Tazewell,  one  of  his  early  friends  and  classmates,  was  buried 
within  three  feet  of  his  grave.  Innes  died  of  a  dropsy  of  the  abdomen. 
The  following  epitaph  from  the  pen  of  his  classmate.  Judge  St.  George 
Tucker,  now  legible  in  some  of  its  parts  only,  was  inscribed  upon  the 


VIRGINIA    CONVENTION    OF    1788.  329 

began  by  saying  that  his  silence  had  not  proceeded  from  neu- 
trality or  supineness,  but  from  public  duties  which  could  not  be 
postponed.  The  question,  he  said,  was  one  of  the  gravest  that 
ever  agitated  the  councils  of  America.  "  When  I  see,"  he  said, 
"in  this  House,  divided  in  opinion,  several  of  those  brave  offi- 
cers whom  I  have  seen  so  gallantly  fighting  and  bleeding  for 
their  country,  the  question  is  doubly  interesting  to  me.  I 
thought  that  it  would  be  the  last  of  human  events  that  I  should 
be  on  a  different  side  from  them  on  this  awful  occasion." 

He  said  that  he  was  consoled  by  the  reflection  that  difference 
of  opinion  had  a  happy  consequence,  inasmuch  as  it  evoked  dis- 

tombstone  of  Innes  :  "To  the  memory  of  James  Innes,  of  Virginia,  for- 
merly Attorney- General  of  that  State.  A  sublime  genius,  improved 
by  a  cultivated  education,  united  with  pre-eminent  dignity  of  character 
and  greatness  of  soul,  early  attracted  the  notice  and  obtained  the  con- 
fidence of  his  native  country,  to  whose  service  he  devoted  those  con- 
spicuous talents,  to  describe  which  would  require  the  energy  of  his 
own  nervous  eloquence.  His  domestic  and  social  virtues  equally  en- 
deared him  to  his  family  and  friends,  as  his  patriotism  and  talents  to 
his  country.  He  died  in  Philadelphia  August  the  second,  1798,  whilst 
invested  with  the  important  trust  of  one  of  the  commissioners  for  car- 
rying into  effect  the  treaty  between  Great  Britain  and  the  United 
States."  This  beautiful  tribute  to  the  memory  of  Innes  has  one  great 
defect — the  absence  of  the  date  of  his  birth.  As  the  inscription  is  now 
nearly  washed  out  by  the  rains  of  sixty  years,  it  may  not  be  amiss  to 
say  that  the  grave  is  directly  in  front  of  the  seventh  column  of  the 
brick  wall  (on  Fifth)  from  Arch,  about  a  foot  from  the  wall.  I  am  in- 
debted to  my  friend,  Townsend  Ward,  Esq.,  of  Philadelphia,  for  his  aid 
in  deciphering  the  inscription,  an  accurate  copy  of  which  I  afterwards 
received  from  another  quarter.  My  impression  is  that  Innes  was  a 
grand-nephew  of  Colonel  James  Innes,  who  at  the  date  of  his  birth  was 
a  military  character  in  the  Colony. —  Writings  of  Washington,  XII, 
Index. 

[Colonel  James  Innes,  who  commanded  a  regiment  from  North  Caro- 
lina in  the  French  and  Indian  wars,  was  a  native  of  Scotland,  and  a  citi- 
zen of  New  Hanover  county,  North  Carolina.  He  had  served  in  1740, 
it  is  believed,  as  a  captain  in  the  unsuccessful  expedition  against  Car- 
thagena,  commanded  by  Colonel  William  Gooch,  subsequently  knighted 
and  Lieutenant-Governor  of  Virginia.  He  was  doubtless  a  familiar  of 
Governor  Dinwiddie  in  Scotland,  as  the  latter  constantly  addressed 
him  as  "Dear  James."  See  Dinwiddie  Papers,  Virginia  Historical 
Collection,  Vols.  Ill,  IV.  The  editor  can  adduce  nothing  in  confirma- 
tion of  the  supposition  of  Mr.  Grigsby  as  to  his  relationship  to  Colonel 
James  Innes  of  the  text.] 


330  VIRGINIA    CONVENTION    OF    1788. 

cussion,  and  was  a  friend  to  truth.  He  came  hither  under  the 
persuasion  that  the  felicity  of  our  country  required  that  we 
should  accept  this  government,  that  he  was,  nevertheless,  open 
to  conviction,  but  that  all  that  he  had  heard  confirmed  him 
in  the  belief  that  its  adoption  was  necessary  for  our  national 
honor,  our  happiness,  and  our  safety.  He  then  discussed  the 
policy  in  respect  of  amendments,  and  contended  that  previous 
amendments  were  beyond  the  power  of  the  Convention.  Adopt 
this  system  with  previous  amendments,  and  you  transcend  your 
commission  from  the  people,  who  have  a  right  to  be  consulted 
upon  them.  They  have  seen  the  Constitution,  and  have  sent  us 
hither  to  accept  or  reject  it.  And  have  we  more  latitude  upon  the 
subject  ?  He  alluded  to  the  distrust  and  jealousy  of  our  Northern 
brethren  which  was  abroad.  Did  we  distrust  them  in  1775?  If 
we  had  distrusted  them,  we  would  not  have  seen  that  unanimous 
resistance  which  had  enabled  us  to  triumph  through  our  enemies. 
It  was  not  a  Virginian,  or  a  Carolinian,  or  a  Pennsylvanian,  but  the 
glorious  name  of  an  American,  that  was  then  beloved  and  con- 
fided in.  Did  we  then  believe  that,  in  the  event  of  success,  we 
should  be  armed  against  each  other?  Had  I  believed  then  what 
we  are  told  now,  he  said,  that  our  Northern  brethren  were  desti- 
tute of  that  noble  spirit  of  philanthropy  which  cherishes  pater- 
nal affections,  unites  friends,  enables  men  to  achieve  the  most 
gallant  exploits,  and  renders  them  formidable  to  foreign  powers, 
I  would  have  submitted  to  British  tyranny  rather  than  to  North- 
ern tyranny.  When  he  had  reviewed  at  length  the  arguments 
founded  on  the  dissimilar  interests  of  the  States,  and  on  the  con- 
dition of  our  foreign  relations,  he  said  that  "  we  are  told  that  we 
need  not  be  afraid  of  Great  Britain.  Will  that  great,  that  war- 
like, that  vindictive  nation  lose  the  desire  of  avenging  her  losses 
and  her  disgraces?  Will  she  passively  overlook  flagrant  viola- 
tions of  the  treaty?  Will  she  lose  the  desire  of  retrieving  those 
laurels  that  are  buried  in  America?  Should  I  transfuse  into  the 
breast  of  a  Briton  that  love  of  country  which  so  strongly  pre- 
dominates in  my  own,  he  would  say,  while  I  have  a  guinea,  I 
shall  give  it  to  recover  lost  America"  He  then  treated  with 
stern  disdain  the  insinuation  that  we  should  check  our  maritime 
strength  on  account  of  fears  apprehended  from  foreign  powers. 
To  promote  their  glory,  he  said,  we  must  become  wretched  and 
contemptible.  It  may  be  said  that  the  ancient  nations  which 


VIRGINIA    CONVENTION    OF    1788.  331 

deserved  and  acquired  glory  lost  their  liberty.  But  have  not 
mean  and  cowardly  nations,  Indians  and  Cannibals,  lost  their 
liberty  likewise  ?  And  who  would  not  rather  be  a  Roman  than 
one  of  those  creatures  that  hardly  deserves  to  be  incorporated 
among  the  human  species?  I  deem  this  subject,  he  said,  as 
important  as  the  Revolution  which  severed  us  from  the  British 
empire.  It  is  now  to  be  determined  whether  America  has  gained 
by  that  change  which  has  been  thought  so  glorious  ;  whether 
those  hecatombs  of  American  heroes,  whose  blood  was  so  freely 
shed  at  the  shrine  of  liberty,  fell  in  vain,  or  wheth  er  we  shall  estab- 
lish such  a  government  as  shall  render  America  respectable  and 
happy  !  It  is  my  wish,  he  said,  to  see  her  not  only  possessed  of 
civil  and  political  liberty  at  home,  but  to  be  formidable,  to  be  ter- 
rible, to  be  dignified  in  war,  and  not  dependent  upon  the  corrupt 
and  ambitious  powers  of  Europe  for  tranquility,  security,  or 
safety.  I  ask,  said  Innes,  if  the  most  petty  of  those  princes, 
even  the  Dey  of  Algiers,  were  to  make  war  upon  us,  we  should 
not  be  reduced  to  the  greatest  distress  ?  Is  it  not  in  the  power 
of  any  maritime  nation  to  seize  our  ships  and  destroy  our  com- 
merce with  impunity  ?  We  are  told,  he  said,  that  the  New  Eng- 
landers  are  to  take  our  trade  from  us,  and  make  us  hewers  of 
wood  and  drawers  of  water,  and  in  the  next  moment  to  emanci- 
pate our  slaves.  They  tell  you  that  the  admission  of  the  import- 
ation of  slaves  for  twenty  years  shows  that  their  policy  is  to  keep 
us  weak  ;  and  yet  the  next  moment  they  tell  you  that  they  intend 
to  set  them  free  !  If  it  be  their  object  to  corrupt  and  enervate 
us,  will  they  emancipate  our  slaves  ?  Thus  they  complain  and 
argue  against  the  system  in  contradictory  principles.  The  Con- 
stitution is  to  turn  the  world  topsy-turvy  to  make  it  suit  their 
purposes.  He  looked  to  the  alleged  dangers  to  religious  free- 
dom from  the  Constitution,  and  argued  that  they  were  imaginary 
and  absurd.  With  respect  to  previous  amendments,  he  contended 
that  it  was  discourteous  to  request  the  other  States,  which,  after 
months  of  deliberation,  had  ratified  the  new  system,  to  undo  all 
that  they  have  done  at  our  bidding.  Those  States  will  say : 
"  The  Constitution  has  been  laid  before  you,  and  if  you  do  not 
like  it,  consider  the  consequences.  We  are  as  free,  sister  Vir- 
ginia, and  as  independent  as  you  are.  We  do  not  like  to  be 
dictated  to  by  you."  But,  say  gentlemen,  we  can  afterwards  come 
into  the  union.  I  tell  you,  he  said,  that  those  States  are  not  of 


332  VIRGINIA   CONVENTION    OF    1788. 

such  pliant,  yielding  stuff  as  to  revoke  a  solemn  decision  to 
gratify  your  capricious  wishes.  He  concluded  with  an  animated 
appeal  to  the  members  to  accept  the  Constitution.  Unless  we 
look  for  a  perfect  Constitution,  he  said,  we  ought  to  take  this. 
From  India  to  the  Pole  you  will  seek  a  perfect  Constitution  in 
vain.  It  may  have  defects,  but  he  doubted  whether  any  better 
system  can  be  obtained  at  this  time.  Let  us  try  it.  Experience 
is  the  best  test.  The  new  system  will  bear  equally  upon  all,  and 
all  will  be  equally  anxious  to  amend  it.  I  regard,  he  said,  the 
members  of  Congress  as  my  fellow-citizens,  and  rely  upon  their 
integrity.  Their  responsibility  is  as  great  as  can  well  be  expected. 
We  elect  them,  and  we  can  remove  them  at  our  pleasure.  In 
fine,  the  question  is,  whether  we  shall  accept  or  reject  this  Con- 
stitution ?  With  respect  to  previous  amendments,  they  are  equal 
to  rejection.  They  are  abhorrent  to  my  mind.  I  consider  them 
the  greatest  of  evils.  I  think  myself  bound  to  vote  against 
every  measure  which  I  believe  to  me  a  total  rejection,  than  which 
nothing  within  my  conception  can  be  more  imprudent,  destruc- 
tive, and  calamitous. 

The  sensation  produced  by  the  speech  of  Innes  was  profound. 
The  loose  report  of  it  which  has  come  down  to  us  presents  some 
of  the  main  points  on  which  he  dwelt,  and  enables  us  to  form  a 
vague  opinion  of  the  mode  in  which  he  blended  severe  argument 
with  the  loftiest  declamation  ;  but  it  affords  only  a  faint  likeness 
of  the  original,  and  conveys  no  idea  of  the  prodigious  impression 
which  the  speech  made  at  the  time.  And  what  that  impression 
was  we  know  from  conclusive  authority.  Old  men  have  been 
heard  to  say  that,  exalted  by  the  dignity  of  his  theme  and  con- 
scious that  the  issue  was  to  be  instantly  decided,  he  spoke  like 
one  inspired.  The  tones  of  tender  affection  when  he  spoke  of 
our  Northern  brethren,  who  had  fought  side  by  side  with  us  in 
battle  and  had  achieved  with  us  the  common  liberty  ;  of  fierce 
disdain  when  he  described  his  opponents  as  lowering  the  flag  of 
his  country  to  ingratiate  the  petty  princes  of  Europe  ;  of  appre- 
hension when  he  portrayed  the  terrible  power  of  England  and 
her  thirst  for  vengeance;  of  unutterable  scorn  when  he  repelled 
the  charge  that  Northern  men  would  make  hewers  of  wood  and 
drawers  of  water  of  the  people  of  the  South  ;  and  of  passionate 
patriotism  when  he  conjured  the  House  not  to  throw  away  the 
fruits  of  the  Revolution  by  rejecting  the  proposed  system,  but  in 


VIRGINIA    CONVENTION    OF    1788.  333 

a  spirit  of  fraternal  love  to  ratify  it  without  amendment;  his  atti- 
tudes and  his  gestures,  as  he  moved  his  gigantic  stature  to  and 
fro,  and  the  unbroken  and  overflowing  torrent  of  his  speech,  were 
long  remembered.  His  friends  were  liberal  in  their  congratula- 
tions, and  declared  that  he  had  surpassed  himself— that  he  had 
surpassed  any  speaker  whom  they  had  ever  heard.  But  the 
expectations  of  friends  are  sometimes  easily  satisfied.  There  is, 
however,  one  witness  whose  testimony  is  beyond  cavil.  Henry 
could  hardly  find  words  to  express  the  admiration  with  which 
the  eloquence  of  Innes  had  inspired  him.  It  was  grand.  It  was 
magnificent.  It  was  fit  to  shake  the  human  mind.253 

Statesmen  of  real  genius,  of  pure  morals,  and  of  sincere  patriot- 
ism, though  pitted  by  heated  and  hating  partisans  against  each 
other,  rarely  undervalue  one  another.  In  the  breasts  of  such 
men  detraction,  envy  and  jealousy,  which  corrode  the  temper  of 
meaner  spirits,  find  no  durable  abiding-place.  Innes  appreciated 
the  magnanimity  of  Henry ;  and  when,  in  the  early  part  of  the 
following  year,  the  character  of  his  great  rival  was  traduced  in  a 
series  of  articles  by  an  anonymous  writer  in  a  Richmond  paper, 
and  when,  from  the  political  complexion  of  those  articles  and 
from  the  research,  pungency  and  point  with  which  they  were 
written,  public  opinion  had  fixed  their  authorship  on  Innes,  he 
wrote  to  Henry  to  contradict  the  rumor,  and  to  assure  him  of  his  > 
highest  admiration  and  esteem.254 

Tyler  followed  Innes.  He  was  many  years  younger  than  his 
colleague,  Harrison,  who  had  spoken  in  the  early  part  of  the  day. 
Indeed,  when  Harrison,  in  the  debate  on  Henry's  resolutions 
against  the  Stamp  Act,  was  a  leading  member  of  the  House  of 
Burgesses,  Tyler,  then  a  boy  of  sixteen,  was  looking  on  from  the 


253  See  the  speech  of  Henry,  to  be  noticed  in  this  day's  debate.  The 
only  instance  that  occurs  to  me  of  an  opponent  extolling,  at  a  time  of 
intense  excitement,  in  such  exalted  terms,  the  speech  of  a  rival  whom 
he  followed  in  debate  and  whom  he  sought  to  overthrow,  was  in  the 
debate  in  the  House  of  Commons  on  the  peace  of  1803,  when  Fox, 
rising  after  Pitt,  said  of  his  speech  that  "  the  orators  of  antiquity  would 
have  admired — probably  would  have  envied  it." 

254 1  allude  to  the  letters  of  "  Decius,"  the  first  of  which  appeared  in 
the  Richmond  Independent  Chronicle  of  the  7th  of  January,  1789.     Of  j 
these  letters  I  may  say  something  in  the  sequel.    The  letter  of  Innes  is 
in  the  Henry  papers  at  "  Red  Hill." 


334  VIRGINIA   CONVENTION    OF    1788. 

gallery.  But,  from  his  long  and  exclusive  devotion  to  the  inte- 
rests of  the  Commonwealth,  he  had  gained  an  ascendancy  in  the 
public  councils  which  was  possessed  by  few  of  his  contempo- 
raries, and  which  caused  him  to  be  singled  out  as  a  fit  person  to 
bring  forward  the  resolution  inviting  the  meeting  at  Annapolis. 
He  was  also  a  ready,  forcible,  and,  not  unfrequently,  an  eloquent 
speaker,  and  was  generally  followed  as  a  leader  by  the  delegates 
from  the  tide  water  counties:  It  was  doubtless  with  a  view  of 
rousing  the  fears  of  some  of  the  smaller  counties  on  the  seaboard, 
which  had  shown  a  disposition  to  sustain  the  new  system,  that 
he  now  spoke,  not  only  more  at  length  than  he  had  yet  done, 
but  with  a  force  and  a  freedom  unlooked  for  by  his  opponents. 
He  said  that  he  was  inclined  to  have  voted  silently  on  the 
question  about  to  be  put ;  but,  as  he  wished  to  record  his  oppo- 
sition for  the  eyes  of  posterity,  he  felt  bound  to  declare  the  prin- 
ciples on  which  he  opposed  the  Constitution.  His  objections  in 
the  first  instance  were  founded  on  general  principles  ;  but  when 
upon  a  closer  examination  he  saw  the  terms  of  the  Constitution 
expressed  in  so  indefinite  a  manner  as  to  call  forth  contradictory 
constructions  from  those  who  approved  it,  he  could  find  no  peace 
in  his  mind.  If  able  gentlemen  who  advocate  this  system  can- 
not agree  in  construing  it,  could  he  be  blamed  for  denouncing 
its  ambiguity?  The  gentleman  (Innes)  has  brought  us  to  a  de- 
grading condition.  We  have  no  right  to  propose  amendments. 
He  should  have  expected  such  language  after  the  Constitution 
was  adopted  ;  but  he  heard  it  with  astonishment  now.  The 
gentleman  objected  to  previous  amendments  because  the  people 
did  not  know  them.  Did  they  know  their  subsequent  amend- 
ments? (Here  Innes  rose  and  made  a  distinction  between  the 
two  classes  of  amendments.  The  people  would  see  those  that 
were  subsequent,  and,  if  they  disliked  them,  might  protest  against 
them.)  Tyler  continued:  Those  subsequent  amendments,  he 
said,  I  have  seen,  and,  although  they  hold  out  something  that 
we  wish,  they  are  radically  deficient.  What  do  they  say  about 
direct  taxation  ?  about  the  judiciary  ?  The  new  system  contains 
many  dangerous  articles.  Shall  we  be  told  by  the  gentleman 
that  we  shall  be  attacked  by  the  Algerians,  and  that  disunion 
shall  take  place,  unless  we  adopt  it?  Such  language  I  did  not 
expect  here.  Little  did  I  think  that  matters  would  have  come  to 
this  when  we  separated  from  the  mother  country.  There,  every 


VIRGINIA    CONVENTION    OF    1788.  335 

man  is  amenable  to  punishment.  There  is  far  less  responsibility 
in  that  system.  British  tyranny  would  have  been  more  tolerable. 
Under  the  Articles  of  Confederation  every  man  was  at  least  se- 
cure in  his  person  and  in  his  property.  Liberty  was  then  in  its 
zenith.  Human  nature  will  always  be  the  same.  Men  never 
were  nor  ever  will  be  satisfied  with  their  happiness.  When  once 
we  begin  these  radical  changes,  where  shall  we  find  a  place  of 
rest  ?  He  contended  that,  if  the  new  system  were  put  into  ope- 
ration unamended,  the  people  would  not  bear  it;  that  two  om- 
nipotent agents  exercising  the  right  of  taxation  without  restraint, 
could  not  co- exist;  that  a  revolt  or  the  destruction  of  the  State 
governments  would  follow  ;  that  as  long  as  climate  produces  its 
effects  upon  men,  men  would  differ  from  each  other  in  their 
tastes,  their  interests,  and  affections;  and  that  a  consolidated 
system  could  only  be  sustained  under  a  military  despotism.  He 
discussed  in  detail  the  policy  of  amendments,  and  concluded  that 
the  public  mind  would  not  be  satisfied  until  the  great  questions 
at  issue  should  be  settled  by  another  Convention.  He  reviewed 
the  chances  of  interference  by  foreign  powers,  and  argued  that 
as  it  was  their  interest  to  be  at  peace  with  us,  they  would  obey 
the  dictates  of  interest.  He  deprecated  the  idea  of  a  great  and 
powerful  government.  Self  defence  in  the  present  age  and  con- 
dition of  the  country  was  all  that  we  ought  to  look  for.  He  said 
he  sought  invariably  to  oppose  oppression.  His  course  through 
the  Revolution  would  justify  him.  He  held  now  a  paltry  office, 
away  with  it.255  It  had  no  influence  upon  his  conduct.  He  was  ; 
no  lover  of  disunion.  He  wished  Congress  to  possess  the  right 
of  regulating  trade,  as  he  thought  that  a  partial  and  ever-varying  ' 
system  of  regulation  by  the  individual  States  would  not  suffice, 
and  he  had  proposed  to  vest  that  right  in  the  general  govern- 
ment ;  but  since  this  new  government  had  grown  out  of  his 

255Tyler  was  appointed  one  of  the  Commissioners  of  Admiralty  in 
July,  1776,  by  the  Convention,  and  performed  the  duties  of  his  office 
under  a  State  appointment  until  1781,  when  the  Articles  of  Confedera- 
tion took  effect,  and  when  his  appointment  as  Judge  of  Admiralty  was 
renewed  by  the  Federal  government.  By  the  ninth  of  those  articles 
the  general  government  received  the  power  k'of  establishing  rules  for 
deciding  in  all  cases  what  captures  on  land  or  water  shall  be  legal,  and 
in  what  manner  prizes  taken  by  land  or  by  the  naval  forces  of  the 
United  States  shall  be  divided  or  appropriated." 


336  VIRGINIA    CONVENTION    OF    1788. 

scheme  to  effect  a  desirable  object,  he  lamented  that  he  had  put 
his  hand  to  it.  It  never  entered  his  head  that  we  should  quit 
liberty  and  throw  ourselves  into  the  hands  of  a  great  and  ener- 
getic government.  But,  if  we  are  to  surrender  liberty,  we  surely 
ought  to  know  the  terms  of  the  surrender.  The  new  system, 
however,  as  construed  by  its  own  friends,  does  not  accord  us  that 
poor  privilege.  He  said  he  was  not  prone  to  jealousy  ;  that  he 
would  trust  his  life  to  the  members  of  this  House,  but  he  could 
not  trust  the  Constitution  as  it  stood.  Its  unlimited  power  of 
taxation,  the  supremacy  of  the  laws  of  the  union,  and  of  trea- 
ties, were,  in  his  opinion,  exceedingly  dangerous.  There  was  no 
responsibility.  Who  would  punish  the  President?  If  we  turn 
out  our  own  ten  representatives,  what  can  we  do  with  the  re- 
maining fifty-five?  The  wisdom  of  Great  Britain  gave  each 
colony  its  separate  legislature,  a  separate  judiciary,  and  the  ex- 
clusive right  to  tax  the  people.  When  that  country  infringed  our 
rights,  \ve  declared  war.  This  system  violates  all  those  precious 
rights.  In  1781  the  Assembly  were  compelled  by  the  difficulties 
of  the  times  to  provide  by  law  that  forty  members  should  con- 
stitute a  quorum.  That  measure  has  been  harshly  blamed  by 
gentlemen ;  but  if  we  could  not  trust  forty  then,  are  we  to  be 
blamed  for  not  trusting  to  ten  now  ?  After  denouncing  the  im- 
policy and  the  folly  of  altering  or  amending  a  contract  when  it 
was  signed  and  sealed,  he  concluded  by  saying  that  his  heart 
was  full — that  he  could  never  feel  peace  again  till  he  saw  the  de- 
fects of  the  new  system  removed.  Our  only  consolation,  he  said, 
is  the  virtue  of  the  present  age.  It  is  possible  that  the  friends 
of  this  system,  when  they  see  their  country  divided,  will  reconcile 
the  people  by  the  introduction  of  such  amendments  as  shall  be 
deemed  necessary.  Were  it  not  for  this  hope  he  would  despair. 
He  should  say  no  more,  but  that  he  wished  his  name  to  be  seen 
in  the  yeas  and  nays,  and  that  it  may  be  known  hereafter  that  his 
opposition  to  this  new  system  arose  from  a  full  persuasion  and 
conviction  of  its  being  dangerous  to  the  liberties  of  his  country. 
The  fierce  and  uncompromising  assault  of  Tyler  called  up 
Adam  Stephen.  Stephen  had  risen  some  days  before  for  the 
purpose  of  rebuking  Henry  for  the  course  which  he  had  pursued 
in  debate,  but  had  not  gone  fully  into  a  discussion  of  the  new 
scheme.  Nor  did  he  now  proceed  to  examine  that  system  in 
detail,  but  in  a  highly  figurative  strain  of  eloquence  advocated 


VIRCxINIA    CONVENTION    OF    1788.  337 

its  ratification  without  previous  amendments.  The  country,  he 
said,  was  in  an  unhappy  condition,  and  that  the  members  had 
been  sent  here  to  accept  or  reject  the  new  system.  That  was 
their  sole  duty.  Still  he  would  concede  future  amendments, 
and  he  felt  assured  that  such  amendments  would  at  an  early  day 
be  engrafted  on  the  Constitution.  He  praised  the  Constitution 
as  embodying  in  just  proportions  the  virtues  of  the  three  dif- 
ferent kinds  of  government.  Let  gentlemen  remember  that  we 
now  have  no  Federal  government  at  all.  It  is  gone.  It  has  been 
asked  where  is  the  genius  of  America  ?  He  would  answer  that  it 
was  that  genius  which  convoked  the  Federal  Convention,  and 
which  sent  us  here  to  decide  upon  the  merits  of  the  system  framed 
by  that  body.  What  has  now  become  of  that  genius  ?  that  benefi- 
cent genius  which  convoked  the  Federal  Convention?  "Yon- 
der she  is,"  he  said,  "in  mournful  attire,  her  hair  dishevelled, 
distressed  with  grief  and  sorrow,  supplicating  our  assistance 
against  gorgons,  fiends,  and  hydras,  which  are  ready  to  devour 
her  and  carry  desolation  throughout  her  country.  She  bewails 
the  decay  of  trade  and  the  neglect  of  agriculture — her  farmers 
discouraged,  her  ship  carpenters,  blacksmiths,  and  all  other 
tradesmen  unemployed.  She  casts  her  eyes  on  these,  and  de- 
plores her  inability  to  relieve  them.  She  sees  and  laments  that 
the  profits  of  her  commerce  go  to  foreign  States.  She  further 
bewails  that  all  she  can  raise  by  taxation  is  inadequate  to  her 
necessities.  She  sees  religion  die  by  her  side,  public  faith  pros- 
tituted, and  private  confidence  lost  between  man  and  man.  Are 
the  hearts  of  her  citizens  so  steeled  to  compassion  that  they  will 
not  go  to  her  relief?"  He  closed  his  remarks  by  holding  up 
the  magnanimity  of  Massachusetts  in  ratifying  the  Constitution 
in  a  spirit  of  union,  and  by  declaring  that  the  question  was 
whether  Virginia  should  be  one  of  the  United  States  or  not. 

Stephen  was  succeeded  by  a  member  who  had  not  yet  partici- 
pated in  debate,  but  who,  as  a  representative  of  the  Valley,  was 
listened  to  with  profound  respect.  Zachariah  Johnston  came 
from  Augusta,  a  county  which  had  been  distinguished  by  the 
valor  of  its  sons  in  the  Indian  wars,  especially  at  the  battle  of 
Point  Pleasant,256  and  in  the  Revolution;  which  had  hailed  the 

256  One  of  the  Augusta  companies  that  marched  to  Point  Pleasant 
reminded  one  of  Frederick  the  Second's  tall  regiment.  We  are  told 


338  VIRGINIA*  CONVENTION    OF    1788. 

conduct  of  the  Virginia  members  of  the  Congress  of  1774  in  a 
patriotic  letter  still  extant,  and  which  had  urged  the  Convention 
of  May,  1776,  before  that  body  had  dissolved  the  allegiance  of 
the  Colony  to  the  crown,  to  establish  an  independent  govern- 
ment, and  to  form  an  alliance  of  the  States.257  The  position  of 
the  Valley  helped  to  give  a  cast  to  the  politics  of  its  inhabitants. 
Its  waters  ran  to  the  east  and  sought  the  Atlantic  through  the 
Chesapeake.  Its  rich  lands  were  thinly  settled.  The  emigra- 
tion, which  had  since  the  war  been  winding  its  way  to  Kentucky, 
passed  through  its  breadth,  and  not  only  left  none  behind,  but 
was  taking  off  some  of  its  citizens.  The  people  of  the  Valley 


by  Dr.  Foote  "that  the  company  excited  admiration  for  the  height  of 
the  men  and  their  uniformity  of  stature.  In  the  bar-room  of  Sampson 
Mathews  a  mark  was  made  upon  the  walls,  which  remained  until  the 
tavern  was  consumed  by  fire  about  seventy  years  after  the  measure- 
ment of  the  company  was  made.  The  greater  part  of  the  men  were 
six  feet  two  inches  in  their  stockings,  and  only  two  were  but  six  feet." — 
Footers  Sketches  of  Virginia,  second  series,  162. 

[Sampson  Mathews  was  a  brother  of  Colonel  George  Mathews  of  the 
Revolution,  subsequently  Governor  of  Georgia,  etc.,  and  the  brothers, 
prior  to  the  Revolution,  were  merchants  and  partners  under  the  firm 
name  of  Sampson  and  George  Mathews. — ED.] 

257  The  address  of  the  freeholders  of  Augusta,  dated  February  22, 
1775,  to  Thomas  Lewis  and  Samuel  McDowell,  and  the  letter  to  the 
delegates  in  Congress  are  now  well  known,  and  may  be  found  in  the 
American  Archives  compiled  by  Mr.  Force,  but  it  is  a  mistake  to  sup- 
pose that  my  allusion  in  the  discourse  on  the  Convention  of  1776,  in 
the  sketch  of  Thomas  Lewis,  to  a  memorial  of  Augusta  had  any  refer- 
ence to  these  papers.  They  are  honorable  to  the  people  of  Augusta, 
but  they  did  not  refer  to  independence.  The  memorial  to  which  I 
allude  in  the  text  was  presented  by  Thomas  Lewis  in  the  Convention 
of  May,  1776,  and  distinctly  pointed  to  the  establishment  of  an  inde- 
pendent State  government  and  a  Federal  union.  (See  Journal,  page 
n.)  The  only  paper  which  can  stand  near  this,  and  a  noble  paper  it 
is,  is  the  instructions  forwarded  by  the  freeholders  of  Buckingham  to 
Charles  Patteson  and  John  Cabell,  then  delegates  in  the  same  Conven- 
tion. These  instructions  were  drawn  before  the  resolution  of  the  Con- 
vention instructing  the  delegates  in  Congress  to  declare  independence 
had  reached  Buckingham,  and  require  the  delegates  from  that  county 
to  form  an  independent  government.  These  instructions  were  printed 
in  the  Virginia  Gazette  of  June  14,  1776,  though  written  certainly  be- 
fore the  middle  of  the  previous  month.  The  paper  should  be  printed 
and  framed  and  hung  from  every  wall  in  Buckingham. 


VIRGINIA    CONVENTION    OF    1788.  339 

were,  therefore,  more  disposed  to  look  to  the  East  than  to  the 
West,  and  no  appeal  founded  on  the  probable  loss  of  the  navi- 
gation of  the  Mississippi  had  any  effect  upon  them.  In  fact,  the 
stoppage  of  the  navigation  of  that  stream  was  more  likely  to 
prove  a  benefit  than  an  injury  to  them.  It  would  check  emigra- 
tion. It  would  not  only  keep  their  own  people  at  home,  but  it 
would  probably  collect  the  emigrants  from  the  East  within  the 
borders  of  the  Valley.  On  the  other  hand,  the  dangers  which 
the  people  of  the  Valley  had  most  to  apprehend,  were  from  the 
Indians,  who  might  not  molest  their  own  firesides,  but  who,  if 
they  made  an  inroad  on  the  frontiers,  must  be  repelled  mainly  by 
their  arms.  Hence  a  strong  and  energetic  government,  which 
might  bring  at  any  moment  the  military  resources  of  the  Union 
to  bear  upon  the  Indians,  had  in  itself  nothing  unpleasing  in  the 
sight  of  the  Valley  people.  And  when  we  recall  the  subsequent 
Indian  campaigns,  during  which  two  well-equipped  armies  of 
the  Federal  government,  officered  by  brave  and  skillful  men, 
were  surprised  and  slain,  it  should  appear  that  their  fears  were 
not  wholly  groundless. 

Only  one  member  from  the  Valley  had  spoken  ;  but  Stephen 
was  an  old  soldier,  and  was  apt  to  view  political  questions  more 
in  the  spirit  of  a  soldier  than  of  a  statesman.  Thomas  Lewis 
was  a  man  of  large  experience  in  civil  affairs ;  but  it  was  now 
believed  that  he  would  support  the  Constitution.258  It  was  plain 
that  the  opponents  of  that  paper  regarded  the  Valley  delegation 
with  alarm.  It  was  mainly  composed  of  men  who  had  seen  hard 
military  service,  and  were  devoted  to  Washington ;  and  a  large 
proportion  of  such  men  were  in  favor  of  a  scheme  of  govern- 
ment which  their  chief  had  assisted  in  framing ;  which  bore  his 
august  name  on  its  face ;  which  was  recommended  to  the  Con- 
gress of  the  Confederation  in  an  eloquent  letter  from  his  pen, 
and  the  adoption  of  which  it  was  well  known  that  he  had  used 
all  the  just  influence  of  his  character  to  secure.259  Nor  were  the 


258  In  the  discourse  on  the  Virginia  Convention  of  1776,  trusting  to 
the  researches  of  others  instead  of  consulting  the  records  for  myself,  I 
inadvertently  represented  Lewis  as  voting  against  the  ratification  of  the 
Constitution.     He  voted  in  favor  of  it. 

259  Washington  enclosed  copies  of  the  Constitution  to  many  promi- 
nent men  throughout  the  Union.    See  the  form  of  his  letter  to  them, 


340  VIRGINIA   CONVENTION    OF    1788. 

tender  ties  which  bound  the  soldier  to  Washington  severed  by 
the  peace.  The  society  of  the  Cincinnati  had  been  called  into 
existence ;  its  diplomas,  admirably  printed,  for  the  times,  on 
parchment,  were  seen  neatly  framed,  and  were  to  be  seen  in  the 
rude  cabins  of  the  frontier  as  well  as  in  the  costlier  dwellings  of 
the  East ;  and  of  that  influential  body  he  was  the  head.  Stuart, 
of  Greenbriar,  who  had  behaved  with  gallantry  at  Point  Plea- 
sant, and  who  has  handed  down  in  his  Memoir  a  description  of 
the  battle,  lived  on  the  other  side  of  the  mountain ;  but  by  mar- 
riage, by  association,  and  by  similarity  of  interest,  was  induced 
to  sustain  the  policy  of  the  Valley  people.  Stuart,  of  Augusta, 
had  left  William  and  Mary  College  to  engage  in  the  war,  and, 
righting  gallantly  at  Guilford,  had  seen  his  commander,  who  was 
his  own  father,260  fall  from  his  horse,  pierced  with  many  wounds, 
and  dragged  off  the  field  by  the  enemy,  to  be  incarcerated  in  a 
prison-hulk  on  the  seaboard.  Darke,  as  well  as  his  colleague, 
Stephen,  fortemqtie  Gyan  fortemque  Cloanthum,  the  opponents 
of  the  Constitution  knew  regarded  that  instrument  with  affec- 
tion. Moore,  of  Rockbridge,  who  had  seen  arduous  service  in 
the  Northern  army,  and  was  present  when  the  flag  of  St.  George 
was  lowered  on  the  field  of  Saratoga,  had  received  inslmclions 
to  oppose  the  new  system  ;  but  it  was  believed  that  he  would 
disobey  them.'261  Gabriel  Jones  was  not  a  soldier,  but  an  able 
lawyer  ;  but  his  shrewdness  in  business ;  his  vast  wealth,  made 
up  of  lands  and  cash ;  his  hatred  of  paper  money,  and  the  ec- 
centric cast  of  his  character,  would  insensibly  lead  him  to  ap- 
prove an  energetic  and  hard-money  government. 

In  this  state  of  apprehension  respecting  the  opinions  of  the 


and  the  manly  answers  of  Harrison  and  Henry^  in  the  Writings  of 
Washington.  Index  to  the  volumes  in  the  XII  Volume,  Articles,  Harri- 
son and  Henry. 

260  [Major  Alexander  Stuart,  whose  sword,  presented  by  his  grandson, 
Hon.  Alex.  H.  H.  Stuart,  is  among  the  relics  of  the  Virginia  Historical 
Society. — ED.] 

261  He  did  disobey  them  ;  but,  though  warmly  opposed  by  the  cele- 
brated William  Graham   [founder  of  Liberty  Academy,  now  Washing- 
ton and  Lee  University],  he  was  returned  from  Rockbridge  at  the  next 
election  of  the   House   of  Delegates  by   a  large  majority.     General 
Moore  was  not  present  at  the  battle  of  Point  Pleasant,  as  is  repre- 
sented by  Dr.  Foote,  and  in  Howe's  Virginia. 


VIRGINIA    CONVENTION    OF    1788.  341 

members  from  the  Valley,  the  words  of  Johnston  were  closely 
watched.  Of  the  sentiments  held  by  others,  however,  he  said 
nothing,  but  in  a  few  sentences  removed  all  doubt  about  his 
own.  After  presenting  some  remarks  appropriately  introduced 
respecting  the  nature  and  value  of  government,  and  offering  a 
deserved  compliment  to  Pendleton,  he  discussed,  concisely  and 
clearly  the  legislative  department,  and  pointed  out  it's  fine  adap- 
tation, in  his  opinion,  to  attain  the  end  in  view.  He  approved 
the  provisions  touching  the  militia,  which,  as  the  father  of  a  large 
family,  he  regarded  with  caution  ;  saw  no  danger  to  religious 
freedom,  or  fear  from  direct  taxation,  and  defended  the  irregu- 
larities of  the  new  system  by  an  illustration  drawn  from  the  num- 
ber of  fighting  men  in  the  county  of  Augusta  and  in  the  county 
of  Warwick,  and  argued  that  the  representation  in  the  House  of 
Representatives  was  more  equal  and  more  just  than  in  our  own 
House  of  Delegates.  He  saw  full  responsibility  in  the  houses 
of  Congress.  Men  would  not  be  wicked  for  nothing,  and  when 
they  became  wicked  we  would  turn  them  out.  When  the  mem- 
bers of  Congress  knew  that  their  own  children  would  be  taxed, 
there  was  sufficient  responsibility.  He  animadverted  sternly  on 
the  amendments  brought  forward  by  the  opponents  of  the  new 
scheme.  They  had  left  out  the  most  precious  article  in  the  bill 
of  rights.  They  feared,  he  said,  that  emancipation  would  be 
brought  about.  That  had  begun  since  the  Revolution  ;  and,  do 
what  you  will,  it  will  come  round.  If  slavery,  he  said,  .were 
totally  abolished,  it  would  do  much  good.  He  now  looked  forward 
to  that  happy  day  when  discord  and  dissension  shall  cease. 
Division  was  a  dreadful  thing.  The  Constitution,  he  admitted, 
might  have  defects ;  but  where  do  the  annals  of  the  world  show 
us  a  perfect  constitution  ?  He  closed  his  remarks  by  a  novel  and 
well-drawn  parallel  between  the  condition  of  the  British  people, 
who,  when  they  had  overthrown  monarchy,  were  unable  to  gov- 
ern themselves,  and  had  in  despair  called  Charles  the  Second  to 
the  throne,  and  the  condition  of  our  own  country,  warning  the 
members  of  the  fate  which  might  overtake  them,  if,  by  rejecting 
the  Constitution,  they  became  involved  in  disunion  and  anarchy.262 
Henry  rose  to  utter  his  last  words.  We  are  told,  he  said,  of 
the  difficulty  of  obtaining  previous  amendments.  I  contend  that 


262  This  speech  is  quite  able,  and  is  well  reported  by  Robertson. 


342  VIRGINIA   CONVENTION   OF    1788. 

they  may  be  as  easily  obtained  as  subsequent  amendments.  We 
are  told  that  nine  States  have  adopted  this  Constitution.  If  so, 
when  the  government  gets  in  motion,  have  they  not  the  right  to 
consider  our  amendments  as  well  as  if  we  had  adopted  first?  If 
we  remonstrate,  may  they  not  consider  our  amendments  ?  I  fear 
subsequent  amendments,  he  said,  will  make  our  condition  worse. 
They  will  make  us  ridiculous.  I  speak  in  plain  direct  language. 
It  is  extorted  from  me.  I  say,  if  the  right  of  obtaining  amend- 
ments is  not  secured,  then  our  rights  are  not  secured.  The  pro- 
position of  subsequent  amendments  is  only  to  lull  our  apprehen- 
sions. He  dwelt  upon  the  surrender  of  the  right  of  direct 
taxation.  Taxes  and  excises  are  to  be  laid  on  us.  The  people 
are  to  be  oppressed.  The  State  Legislature  is  to  be  prostrated. 
The  power  of  making  treaties  is  also  passed  over.  Our  country 
may  be  dismembered.  He  might  enumerate  many  other  great 
rights  that  are  omitted  in  the  amendments.  I  am  astonished,  he 
said,  at  what  my  worthy  friend  (Innes)  said — that  we  have  no 
right  of  proposing  previous  amendments.  That  honorable  gen- 
tleman is  endowed  with  great  eloquence — eloquence  splendid, 
magnificent,  and  sufficient  to  shake  the  human  mind.  He  has 
brought  the  whole  force  of  America  against  this  State.  He  has 
shown  our  weakness  in  comparison  with  foreign  powers.  His 
reasoning  has  no  effect  upon  me.  He  cannot  shake  my  political 
faith.  He  admits  our  power  over  subsequent  amendments, 
though  not  over  previous  ones.  If  we  have  the  right  to  depart 
from  the  letter  of  our  commission  in  one  instance,  we  have  in  the 
other.  We  shall  absolutely  escape  danger  in  the  one  case,  but 
not  in  the  other.  If  members  are  serious  in  wishing  amend- 
ments, why  do  they  not  join  us  in  a  manly,  firm,  and  resolute 
manner  to  procure  them?  "I  beg  pardon  of  this  House,"  he 
said,  "for  having  taken  up  more  time  than  came  to  my  share, 
and  I  thank  them  for  the  patience  and  polite  attention  with  which 
I  have  been  heard.  If  I  shall  be  in  the  minority,  I  shall  have 
those  painful  sensations  which  arise  from  a  conviction  of  being 
overpowered  in  a  good  cause.  Yet  I  will  be  a  peaceable  citizen. 
My  head,  my  hand,  and  my  heart  shall  be  ready  to  retrieve  the 
loss  of  liberty,  and  remove  the  defects  of  that  system,  in  a  con- 
stitutional way.  I  wish  not  to  go  to  violence,  but  will  await  with 
hopes  that  the  spirit  which  predominated  in  the  Revolution  is 
not  yet  gone,  nor  the  cause  of  those  who  are  attached  to  the 


VIRGINIA   CONVENTION    OF    1788.  343 

Revolution  yet  lost.  I  shall  therefore  patiently  wait  in  expecta- 
tion of  seeing  that  government  changed  so  as  to  be  compatible 
with  the  safety,  liberty,  and  happiness  of  the  people." 

Randolph  ended  that  long  and  brilliant  debate  in  a  touching 
valedictory.  One  parting  word,  he  said,  he  humbly  supplicated. 
The  suffrage  which  he  should  give  in  favor  of  the  Constitution 
will  be  ascribed  by  malice  to  motives  unknown  to  his  breast. 
"But,  although  for  every  other  act  of  my  life,"  he  said,  "  I  shall 
seek  refuge  in  the  mercy  of  God,  for  this  I  request  his  justice 
only.  Lest,  however,  some  future  annalist,  in  the  spirit  of  party 
vengeance,  deign  to  mention  my  name,  let  him  recite  these 
truths  :  that  I  went  to  the  Federal  Convention  with  the  strongest 
affection  for  the  union  ;  that  I  acted  there  in  full  conformity  with 
this  affection  ;  that  I  refused  to  subscribe  because  I  had,  as  I 
still  have,  objections  to  the  Constitution,  and  wished  a  free 
enquiry  into  its  merits  ;  and  that  the  accession  of  eight  States 
reduced  our  deliberations  to  the  single  question  of  union  or  no 
union." 

The  President  now  resumed  the  chair,  and  Mathews  reported 
that  the  committee  had,  according  to  order,  again  had  the  Con- 
stitution under  consideration,  and  had  gone  through  the  same, 
and  come  to  several  resolutions  thereupon,  which  he  read  in  his 
place,  and  afterwards  delivered  in  at  the  clerk's  table,  where 
they  were  again  read,  and  are  as  followeth  : 

"  WHEREAS,  The  powers  granted  under  the  proposed  Consti- 
tution are  the  gift  of  the  people,  and  every  power  not  granted 
thereby  remains  with  them  and  at  their  will ;  no  right  therefore,  of 
any  denomination  can  be  cancelled,  abridged,  restrained  or  modi- 
fied by  the  Congress,  by  the  Senate  or  House  of  Representatives 
acting  in  any  capacity,  by  the  President,  or  any  department  or 
officer  of  the  United  States,  except  in  those  instances  in  which 
power  is  given  by  the  Constitution  for  those  purposes  ;  and 
among  other  essential  rights,  liberty  of  conscience  and  of  the 
press  cannot  be  cancelled,  abridged,  restrained,  or  modified  by 
any  authority  of  the  United  States  ; 

"  AND  WHEREAS,  Any  imperfections  which  may  exist  in  the 
said  Constitution  ought  rather  to  be  examined  in  the  mode  pre- 
scribed therein  for  obtaining  amendments,  than  by  a  delay,  with 
a  hope  of  obtaining  previous  amendments,  to  bring  the  union 
into  danger  ; 


344  VIRGINIA   CONVENTION    OF    1788. 

•  "  Resolved,  That  it  is  the  opinion  of  this  committee  that  the 
said  Constitution  be  ratified. 

"  But  in  order  to  relieve  the  apprehensions  of  those  who  may 
be  solicitous  for  amendments, 

"  Resolved,  That  it  is  the  opinion  of  this  committee,  that  what- 
soever amendments  may  be  deemed  necessary,  be  recommended 
to  the  consideration  of  Congress,  which  shall  first  assemble  under 
the  said  Constitution,  to  be  acted  upon  according  to  the  mode 
prescribed  in  the  fifth  article  thereof." 

The  first  resolution  proposing  a  ratification  of  the  Constitution 
having  been  read  a  second  time,  a  motion  was  made  to  amend 
it  by  substituting  in  lieu  of  the  resolution  and  its  preamble  the 
following  : 

"Resolved,  That  previous  to  the  ratification  of  the  new  Con- 
stitution of  government  recommended  by  the  late  Federal  Con- 
vention, a  declaration  of  rights  asserting  and  securing  from  en- 
croachment the  great  principles  of  civil  and  religious  liberty,  and 
the  unalienable  rights  of  the  people,  together  with  amendments  to 
the  most  exceptionable  parts  of  the  said  Constitution  of  govern- 
ment, ought  to  be  referred  by  this  Convention  to  the  other 
States  in  the  American  confederacy  for  their  consideration." 

The  vote  on  this  amendment,  which  involved  the  question  of 
previous  or  subsequent  amendments,  was  taken  without  debate, 
and  resulted  in  its  rejection  by  a  majority  of  eight  votes.263 


263  The  ayes  and  noes,  which  were  ordered  for  the  first  time  in  a  Vir- 
ginia convention,  on  motion  of  Henry  seconded  by  Bland,  were  80  to 
88,  as  follows  : 

AYES  :  Edmund  Custis,  John  Pride,  Edmund  Booker,  William  Cabell, 
Samuel  Jordan  Cabell,  John  Trigg,  Charles  Clay,  Henry  Lee,  of  Bour- 
bon, the  Hon.  John  Jones,  Binns  Jones,  Charles  Patteson,  David  Bell, 
Robert  Alexander,  Edmund  Winston,  Thomas  Read,  Benjamin  Harri- 
son, the  Hon.  John  Tyler,  David  Patteson,  Stephen  Pankey,  junior, 
Joseph  Michaux,  Thomas  H.  Drew,  French  Strother,  Joel  Early,  Joseph 
Jones,  William  Watkins,  Meriwether  Smith,  James  Upshaw,  John  Fow- 
ler, Samuel  Richardson,  Joseph  Haden,  John  Early,  Thomas  Arthur, 
John  Guerrant,  William  Sampson,  Isaac  Coles,  George  Carrington, 
Parke  Goodall,  John  Carter  Littlepage,  Thomas  Cooper,  John  Mann, 
Thomas  Roane,  Holt  Richeson,  Benjamin  Temple,  Stevens  Thompson 
Mason,  William  White,  Jonathan  Patteson,  Christopher  Robinson,  John 
Logan,  Henry  Pawling,  John  Miller,  Green  Clay,  Samuel  Hopkins, 
Richard  Kennon,  Thomas  Allen,  Alexander  Robertson,  John  Evans, 
Walter  Crockett,  Abraham  Trigg,  Matthew  Walton,  John  Steele,  Ro- 


VIK.Lri.N--          -vVENTION    OF    1 7'    -6.  345 

The  main  question  was  'then  put,  that  the  Convention  agree, 
with  the  committee  on  the  said  first  resolution — the  resolution  of 
ratification — and  was  carried  in  a  house  of  one  hundred  and 
sixty-eight  members  by  ten  votes.264 

bert  Williams,  John  Wilson,  of  Pottsylvania,  Thomas  Turpin,  Patrick 
Henry,  Robert  Lawson,  Edmund  Ruffin,  Theodrick  Bland,  William 
Grayson,  Cuthbert  Bullitt,  Thomas  Carter,  Henry  Dickenson,  James 
Monroe,  John  Dawson,  George  Mason,  Andrew  Buchanan,  John  How- 
ell  Briggs,  Thomas  Edmunds,  the  Hon.  Richard  Gary,  Samuel  Ed- 
monson,  and  James  Montgomery— 80. 

NOES:  The  Hon.  Edmund  Pendleton,  president,  George  Parker,  ' 
George  Nicholas,  Wilson  Nicholas,  Zachariah  Johnston,  Archibald 
Stuart,  William  Darke,  Adam  Stephen,  Martin  McFerran,  William  Flem- 
ing, James  Taylor,  of  Caroline,  the  Hon.  Paul  Carrington,  Miles  King, 
Worlick  Westwood,  David  Stuart,  Charles  Simms,  Humphrey  Mar- 
shall, Martin  Pickett,  Humphrey  Brooke,  John  S.  Woodcock,  Alexan- 
der White,  Warner  Lewis,  Thomas  Smith,  George  Clendenin,  John 
Stuart,  William  Mason,  Daniel  Fisher,  Andrew  Woodrow,  Ralph  Hum- 
phreys, George  Jackson,  John  Prunty,  Isaac  Vanmeter,  Abel  Seymour, 
His  Excellency  Governor  Randolph,  John  Marshall,  Nathaniel  Burwell, 
Robert  Andrews,  James  Johnson,  Robert  Breckenridge,  Rice  Bullock, 
William  Fleet,  Burdet  Ashton,  William  Thornton,  James  Gordon,  of 
Lancaster,  Henry  Towles,  Levin  Powell,  Wm.  O.  Callis,  Ralph  Worm- 
ley,  junior,  Francis  Corbin,  William  McClerry,  Wills  Riddick,  Solomon 
Shepherd,  William  Clayton,  Burwell  Bassett,  James  Webb,  James  Tay- 
lor, of  Norfolk,  John  Stringer,  Littleton  Eyre,  Walter  Jones,  Thomas 
Gaskins,  Archibald  Wood,  Ebenezer  Zane,  James  Madison,  James  Gor- 
don, of  Orange,  William  Ronald,  Anthony  Walke,  Thomas  Walke, 
Benj.  Wilson,  John  Wilson,  of  Randolph,  Walker  Tomlin,  William 
Peachy,  William  McKee,  Andrew  Moore,  Thomas  Lewis,  Gabriel  Jones, 
Jacob  Rinker,  John  Williams,  Benj.  Blunt,  Samuel  Kello,  John  Hart- 
well  Cocke,  John  Allen,  Cole  Digges,  Henry  Lee,  of  Westmoreland, 
Bushrod  Washington,  the  Hon.  John  Blair,  the  Hon.  George  Wythe, 
James  Innes,  and  Thomas  Mathews — 88. 

264 The  ayes  and  noes,  ordered  on  motion  of  George  Mason,  seconded 
by  Henry,  were  ayes  89,  noes  79,  as  follows : 

AYES:  The  Hon.  Edmund  Pendleton,  president,  George  Parker, 
George  Nicholas,  Wilson  Nicholas,  Zach.  Johnston,  A.  Stuart,  W.  Darke, 
A.  Stephen,  M.  McFerran,  W.  Fleming,  Jas.  Taylor,  of  Caroline,  the 
Hon.  P.  Carrington,  D.  Patteson,  M.  King,  W.  Westwood,  D.  Stuart,  C. 
Simms,  H.  Marshall,  M.  Pickett,  H.  Brooke,  J.  S.  Woodcock,  A.  White, 
W  Lewis,  T  Smith,  G.  Clendenin,  J.  Stuart,  W.  Mason,  D.  Fisher,  A. 
Woodrow,  R.  Humphreys,  G.  Jackson,  John  Prunty,  I.  Vanmeter,  A. 
Seymour,  His  Excellency  Governor  Randolph,  J.  Marshall,  N.  Burwell, 
R.  Andrews,  J.  Johnson,  R.  Breckenridge,  Rice  Bullock,  W  Fleet,  B. 


346  VIB\INIA   CONVENTION    OF    1788. 

When  the  vote  was  announced  from  the  chair,  and  when  it 
appeared  that  the  long  and  arduous  contest  had  been  at  last 
decided  in  favor  of  the  new  system,  there  was  no  show  of 
triumph  or  exultation  on  the  part  of  its  friends.  A  great  victory 
had  been  achieved  by  them  ;  but  it  was  impossible  to  say  that 
the  Constitution  was  yet  safe.  It  was  carried  by  a  meagre 
majority ;  and  it  was  carried,  it  was  believed  by  those  who  had 
the  control  of  the  Assembly,  in  plain  opposition  to  the  wishes  of 
the  people;  the  Legislature  might  yet  interpose  obstacles  to  the 
organization  of  the  government,  and  might  virtually  annul,  for 
some  time  at  least,  the  ratification  which  had  been  so  dearly  won. 
The  vote  which  we  shall  soon  record,  attests  in  the  strongest 
manner  the  desire  for  conciliation  which  governed  the  conduct 
of  the  friends  of  the  Constitution. 

The  second  resolution  having  been  amended  by  striking  out 
the  preamble,  was  then  agreed  to  by  a  silent  vote.265 


Ashton,  W.  Thornton,].  Gordon,  of  Lancaster,  H.  Towles,  L.  Powell, 
W.  O.  Callis,  R.  Wormeley,  junior,  F.  Corbin,  Wil.  McClerry,  W.  Rid- 
dick,  S.  Shepherd,  W.  Clayton,  B.  Bassett,  J.  Webb,  J.  Taylor,  of  Norfolk, 
J.  Stringer,  L.  Eyre,  W.  Jones,  T.  Gaskins,  A.  Woods,  E.  Zane,  James 
Madison,  J.  Gordon,  of  Orange,  W.  Ronald.  A.  Walke,  T.  Walke,  B. 
Wilson,  J.  Wilson,  of  Randolph,  W.  Tomlin,  W.  Peachy,  W.  McKee,  A. 
Moore,  T.  Lewis,  G.  Jones,  J  Rinker,  J.  Williams,  B.  Blunt,  S.  Kello,  J.  H. 
Cocke.J.  Allen,  C.  Digges,  H.  Lee,  of  Westmoreland,  B  Washington, 
the  Hon.  J.  Blair,  the  Hon.  G.  Wythe,  J.  Innes,  and  T.  Mathews— 89. 

NOES:  E  Custis,  J.  Pride,  E.  Booker,  W.  Cabell,  S.  J.  Cabell.J.  Trigg, 
C.  Clay,  H.  Lee,  of  Bourbon,  the  Hon.  J.  Jones,  B.  Jones,  C.  Patteson,  D. 
Bell,  R.  Alexander,  E.  Winston,  T.  Read,B.  Harrison,  the  Hon.  J.Tyler, 
S.  Pankey,Jr.,J.  Michaux,  T.  H.  Drew,  F.  Strother,  Joel  Early,  J.  Jones, 
W.  Watkins,  M.  Smith,  J.  Upshaw,  J.  Fowler,  S.  Richardson,  J.  Haden, 
John  Early,  T.  Arthur,  J.  Guerrant,  W.  Sampson,  I.  Coles,  G.  Carring- 
ton,  P.  Goodall,  J.  C.  Littlepage,  T.  Cooper,  J.  Mann,  T.  Roane,  H.  Riche- 
son,  B.  Temple,  S.  T.  Mason,  W.  White,  Jona  Patteson,  C.  Robertson, 
J.  Logan,  H.  Pawling,  J.  Miller,  G.  Clay,  S.  Hopkins,  R.  Kennon,  T. 
Allen,  A.  Robertson,  J.  Evans,  W.  Crockett,  A.  Trigg,  M.  Walton,  J. 
Steele,  R.  Williams,  John  Wilson,  of  Pottsylvania,  F.  Turpin,  P.  Henry, 
R.  Lawson,  E.  Ruffin,  T.  Bland,  W.  Grayson,  C.  Bullitt,  T.  Carter,  H. 
Dickenson,  James  Monroe,  J.  Dawson,  Geo.  Mason,  A.  Buchanan,  J.  H. 
Briggs,T.  Edmunds,  the  Hon.  Richard  Gary,  S.  Edmonson,  and  James 
Montgomery — 79. 

263  The  vote  on  striking  out  the  first  resolution,  and  inserting  the 
amendment  in  its  stead,  was  the  test  vote,  and  was  lost  by  eight  votes. 
A  change,  therefore,  of  four  of  the  votes  of  the  majority  would  have 


VIRGINIA    CONVENTION    OF    1788.  347 

A  committee  was  then  appointed  to  prepare  and  report  a  form 
of  ratification,  and  Randolph,  George  Nicholas,  Madison,  Mar- 
shall, and  Corbin  were  placed  upon  it.266  A  committee  was  also 
appointed  "  to  prepare  and  report  such  amendments  as  shall  by 
them  be  deemed  necessary  to  be  recommended  in  pursuance  of 
the  second  resolution,"  and  consisted  of  Wythe,  Harrison, 
Mathews,  Henry,  Randolph,  George  Mason,  Nicholas,  Grayson, 
Madison,  Tyler,  Marshall,  Monroe,  Ronald,  Bland,  Meriwether 
Smith,  Paul  Carrington,  Innes,  Hopkins,  John  Blair,  and  Simms. 

Randolph  immediately  reported  a  form  of  ratification,  which 
was  read  and  agreed  to  without  debate  ;  and  is  as  follows  : 

"We,  the  Delegates  of  the  People  of  Virginia,  duly  elected  in 
pursuance  of  a  recommendation  from  the  General  Assembly,  and 
now  met  in  Convention,  having  fully  and  freely  investigated  and 
discussed  the  proceedings  of  the  Federal  Convention,  and  being 
prepared,  as  well  as  the  most  mature  deliberation  hath  enabled 
us,  to  decide  thereon,  Do,  in  the  name  and  in  the  behalf  of  the 
People  of  Virginia,  declare  and  make  known,  that  the  powers 
granted  under  the  Constitution  being  derived  from  the  People 


made  a  tie,  and  a  single  additional  vote  would  have  settled  the  fate  of 
the  Constitution  for  that  time.  Had  Moore  and  McKee  obeyed  their 
instructions,  and  had  Stuart,  of  Augusta,  remained  at  home  at  the  time 
of  the  Botetourt  election,  instead  of  using  his  influence  effectually  on 
the  ground  in  favor  of  the  Constitution,  and  of  causing  the  Botetourt 
candidates  to  pledge  themselves  to  sustain  that  system  ;  and  had  Paul 
Carrington  voted  with  his  colleague,  Read,  in  favor  of  it,  those  five 
votes  would  have  been  forthcoming.  That  some  of  the  delegates 
voted  in  opposition  to  the  wishes  of  their  constituents  was  well  known 
at  the  time. 

266  This  was  an  able  committee,  but  a  grave  objection  exists  against 
it  that  it  did  not  contain  the  name  of  an  opponent  of  the  Constitution. 
I  am  reminded  by  the  names  of  Madison  and  Marshall  of  the  fact  that 
those  two  gentlemen  were  appointed  to  a  similar  committee  in  a  similar 
body  forty  years  afterwards.  On  the  adjournment  of  that  body,  I  walked 
home  to  our  lodgings  in  the  Eagle  Tavern  with  the  president,  the  late 
Philip  Pendleton  Barbour,  and  by  the  way  asked  him  if  he  had  been  in 
the  chair  at  a  joint  session  of  the  Senate  and  House  of  Representatives, 
could  he  have  selected  such  a  committee,  when  he  answered  without 
hesitation,  "  No,  nor  from  the  Union  at  large."  That  committee  con- 
sisted of  Madison,  Marshall,  Tazewell,  Doddridge,  Leigh,  Johnson,  and 
Cooke;  one  from  the  tidewater  country,  two  from  above  tide,  two 
from  the  Valley,  and  one  from  the  extreme  west. 


348  VIRGINfA   CONVENTION    OF    1788. 

of  the  United  States,  may  be  resumed  by  them  whensoever  the 
same  shall  be  perverted  to  their  injury  or  oppression,  and  that 
every  power  not  granted  thereby  remains  with  them,  and  at  their 
will  ;  that  therefore,  no  right  of  any  denomination  can  be  can- 
celled, abridged,  restrained,  or  modified  by  the  Congress,  by  the 
Senate  or  House  of  Representatives  acting  in  any  capacity,  by 
the  President,  or  any  department,  or  officer  of  the  United  States, 
except  in  those  instances  in  which  power  is  given  by  the  Con- 
stitution for  those  purposes  ;  and  that  among  other  essential 
rights,  the  liberty  of  conscience  and  of  the  press  cannot  be  can- 
celled, abridged,  restrained,  or  modified,  by  any  authority  of  the 
United  States. 

"With  these  impressions,  with  a  solemn  appeal  to  the  searcher 
of  hearts  for  the  purity  of  our  intentions,  and  under  the  convic- 
tion that  whatsoever  imperfections  may  exist  in  the  Constitution, 
ought  rather  to  be  examined  in  the  mode  prescribed  therein, 
than  to  bring  the  Union  into  danger  by  a  delay,  with  a  hope  of 
obtaining  amendments  previous  to  the  ratification : 

"We,  the  said  Delegates,  in  the  name  and  in  behalf  of  the 
People  of  Virginia,  do,  by  these  presents,  assent  to,  and  ratify 
the  Constitution,  recommended  on  the  seventeenth  day  of  Sep- 
tember, one  thousand  seven  hundred  and  eighty-seven,  by  the 
Federal  Convention  for  the  government  of  the  United  States, 
hereby  announcing  to  all  those  whom  it  may  concern,  that  the 
said  Constitution  is  binding  upon  the  said  People,  according  to 
an  authentic  copy  hereto  annexed,  in  the  words  following:"267 

(See  the  Constitution  in  the  Appendix.) 

The  Convention  then  ordered  two  fair  copies  of  the  form  of 
ratification  and  of  the  Constitution  to  be  engrossed  forthwith, 
and  adjourned  to  the  next  day  at  twelve  o'clock. 

267  The  form  of  ratification  has  been  usually  attributed  to  the  pen  of 
Madison;  but  I  am  compelled  to  give  up  this  opinion,  which  was  com- 
mon thirty  years  ago.  It  is  but  an  enlargement  of  the  preamble  offered 
by  Wythe,  and  doubtless  from  internal  evidence  written  by  him.  That 
preamble  is  not  such  as  in  my  opinion  Madison  or  Randolph  would 
have  drawn,  and  is  very  properly  amended  in  a  vital  part  in  the  form 
of  ratification.  As  Randolph  was  chairman  of  the  committee  which 
reported  the  form,  and  was  a  critical  writer,  and  as  the  form  was 
mainly  an  enlargement  of  the  preamble  presented  by  Wythe,  the  safer 
conjecture  is  that  its  merit  belongs  jointly  to  Randolph  and  Wythe. 


VIRGINIA   CONVENTION    OF    1788.  349 

On  Thursday,  the  twenty-sixth  day  of  June,  at  twelve  o'clock, 
the  Convention  met,  and,  one  copy  only  of  the  form  of  ratifica- 
tion having  as  yet  been  transcribed,  it  was  read  by  the  clerk,  was 
signed  by  the  president  on  behalf  of  the  Convention,  and  was 
ordered  "  to  be  transmitted  by  the  president  to  the  United  States 
in  Congress  assembled."268  As  the  Committee  on  Amendments 
had  not  yet  completed  its  schedule,  the  House,  after  making  cer- 
tain allowances  to  its  officers  for  services  rendered  during  the 
session,  adjourned  until  the  next  day  at  ten  o'clock.269 

On  Friday,  the  twenty-seventh  day  of  June,  the  Convention 
met  for  the  last  time.  The  session,  which  had  lasted  during 
twenty-five  eventful  days,  was  to  close  with  the  adjournment  of 
that  day.  Nor  was  the  public  anxiety  less  intense  than  at  an 
earlier  stage  of  the  proceedings.  The  hall  of  the  Academy  was 
crowded.  Several  of  the  members  of  the  select  committee,  who 
happened  to  be  late,  could  with  difficulty  force  their  way  to  their 
seats.  It  was  certain  that,  unless  the  proposed  amendments  were 
acceptable  to  the  minority,  the  worst  results  were  yet  to  be  ap- 
prehended. The  members  of  that  minority,  who,  in  a  house  of 
one  hundred  and  seventy  members,  were  only  ten  less  than  the 
majority,  and  who,  in  all  those  qualities  necessary  for  the  guid- 
ance of  men  in  a  great  crisis,  were  certainly  not  inferior  to  their 
opponents,  might  proceed  to  organize,  and  to  digest  a  plan  of 
operations,  the  effect  of  which  would  certainly  be,  in  the  first  in- 
stance, to  prevent  all  participation  by  Virginia  in  setting  up  the 
new  government,  and  might  ultimately  end  in  the  organization 
of  a  Southern  confederacy.270  Fortunately  the  friends  of  the 

268  That  is,  to  the  Congress  of  the  Confederation,  which  held  its  sit- 
tings in  New  York,  and  "which  determined  on  the  i3th  of  September, 
1788;  under  the  resolutions  of  the  General  Convention,  that  the  Con- 
stitution had  been  established,  and  that  it  should  go  into  operation  on 
the  first  Wednesday  of  March  (the  fourth),  1789." 

269  The  president  was  allowed  forty  shillings  per  day,  Virginia  cur- 
rency, for  his  pay  ;  the  secretary,  forty  pounds  in  full  ;  the  chaplain, 
thirty  pounds;  the  sergeant,  twenty-four  pounds;  each  door-keeper, 
fifteen  pounds. 

270  It  is  proper  to  remind  the  reader,  what  has  been  said  before,  that 
our  greatest  statesmen,  to  their  dying  day,  believed  that  they  had  been 
trapped  in  calling  the  general  Federal  Convention,  and  that  they  dis- 
trusted "the  military  gentlemen,"  as  George  Mason  called  them,  into 


350  VIRGINIA    CONVENTION    OF    1788. 

Constitution  saw  the  full  extent  of  the  conjuncture,  and  deter- 
mined, by  a  manly  patriotism,  and  by  a  spirit  of  concession  as 
rare  as  it  was  honorable,  to  avert  the  impending  danger. 

When  Pendleton  took  the  chair  the  clerk  proceeded  to  read  the 
second  engrossed  copy  of  the  form  of  ratification,  which  was 
signed  by  the  president.  It  was  then  ordered  that  the  form 
should  be  deposited  in  the  archives  of  the  General  Assembly. 
Wythe  now  rose  and  presented  the  amendments  proposed  by  the 
select  committee  to  be  made  to  the  Constitution  in  the  mode  pre- 
scribed by  that  instrument.  Those  amendments  consisted  of  a 
Declaration  of  Rights,  in  twenty  articles  nearly  similar  to  those 
prefixed  to  the  Constitution  of  the  State,  and  a  series  of  amend- 
ments proper,  also  in  twenty  articles,  to  be  added  to  the  body  of 
the  Federal  Constitution.  The  report  of  the  committee  ended 
in  these  words :  "  And  the  Convention  do,  in  the  name  and  be- 
half of  the  people  of  this  Commonwealth,  enjoin  it  upon  their 
representatives  in  Congress  to  exert  all  their  influence,  and  use 
all  reasonable  and  legal  methods  to  obtain  a  ratification  of  the 
foregoing  alterations  and  provisions  in  the  manner  provided  by 
the  fifth  article  of  the  said  Constitution  ;  and  in  all  congressional 
laws  to  be  passed  in  the  meantime,  to  conform  to  the  spirit  of 
these  amendments  as  far  as  the  said  Constitution  will  admit." 

The  Declaration  of  Rights  was  then  adopted  without  a  divi- 
sion. The  amendments  proper  were  read,  and  a  motion  was 
made  to  amend  them  by  striking  out  the  third  article  in  these 
words :  "  When  Congress  shall  lay  direct  taxes  or  excises,  they 
shall  immediately  inform  the  executive  power  of  each  State,  of 
the  quota  of  such  State  according  to  the  census  herein  directed, 
which  is  proposed  to  be  thereby  raised  ;  and  if  the  Legislature 
of  any  State  shall  pass  a  law  which  shall  be  effectual  for  raising 
such  quota  at  the  time  required  by  Congress,  the  taxes  and  ex- 
cises laid  by  Congress  shall  not  be  collected  in  such  State.' ' 


whose  hands  they  feared  the  new  government  would  be  committed. 
All  had  unlimited  confidence  in  the  integrity  of  Washington  ;  but  they 
had  known  him,  as  yet,  as  a  silent  member  by  their  sides  in  the  House 
of  Burgesses,  as  an  Indian  fighter,  and  as  the  great  commander  of  the 
armies  during  the  Revolution,  but  never  as  a  statesman.  But,  how- 
ever eminent  he  might  be  in  every  respect,  he  must  lean  mainly  on  the 
friends  of  the  Constitution,  who  were  the  greatest  soldiers  of  their  day. 
Gray  son  expressed  the  general  opinion  when  he  said:  "We  have  no 
fear  of  tyranny  while  he  lives'' 


VIRGINIA    CONVENTION    OF    1788.  351 

This  amendment,  which  it  was  proposed  to  strike  out,  was,  in 
the  estimation  of  the  opponents  of  the  Constitution,  the  most 
important  of  all.  It  struck  at  the  root  of  the  new  Federal  polity. 
Of  that  polity  the  distinguishing  characteristic  was  that  it  was 
complete  in  itself  and  by  itself  in  effectuating  all  measures  within 
its  scope;  especially,  that  it  was  free  to  lay  and  collect  taxes  of  its 
own  authority  and  at  its  own  discretion.  This  was  deemed  a  car- 
dinal virtue  by  its  friends,  and  a  cardinal  vice  by  its  opponents. 
To  strike  this  feature  from  the  Constitution  was  substantially  to 
fall  back  upon  requisitions.  What  passed  in  the  select  com- 
mittee is  not  known,  and,  unless  it  may  be  gleaned  from  stray 
letters  written  at  the  time,  which  may  hereafter  be  cast  up,  will 
remain  a  secret  ;  but  it  can  hardly  be  doubted  that  the  adoption 
of  this  amendment  by  the  committee  was  made  by  Henry  and 
Mason  an  indispensable  preliminary  of  a  peaceful  adjustment. 
But  it  must  also  be  sanctioned  by  the  House ;  otherwise  its  adop- 
tion by  the  committee  would  be  too  palpable  a  farce  to  impose  on 
two  such  statesmen.  Accordingly,  the  motion  to  strike  it  out  failed 
by  twenty  votes.  Pendleton  was  the  most  prominent  opponent 
who  gave  way.  He  was  followed  by  Paul  Carrington.  The  gal- 
lant and  patriotic  Fleming,  who  carried  to  his  grave  a  troublesome 
wound  which  he  received  in  the  thickest  of  the  fight  at  Point 
Pleasant,  followed  the  example  of  Carrington.  Eight  other 
members  magnanimously  followed  Fleming,  and  ten  votes  taken 
from  one  scale  and  added  to  the  other  make  up  the  decisive 
number.  Thus,  by  the  most  decisive  vote  given  during  the  ses- 
sion the  Convention  solemnly  pledged  itself  to  amend  the  power 
of  direct  taxation,  and  virtually  to  fall  back  upon  requisitions.271 

271  The  ayes  and  noes  were  called  by  Nicholas,  seconded  by  Harri- 
son, and  were  ayes,  65  ;  noes,  85,  as  follows  : 

AYES:  G.  Parker,  G.  Nicholas,  W.  Nicholas,  Z.  Johnston,  A.  Stuart, 
W.  Dark,  A.  Stephen,  M.  McFerran,  James  Taylor,  of  Caroline,  D. 
Stuart,  C.  Simms,  H.  Marshall,  M.  Pickett,  H.  Brooke,  J.  S.  Woodcock, 
A.  White,  W.  Lewis,  T.  Smith,  [ohn  Stuart,  D.  Fisher,  A.  Woodrow, 
G.  Jackson,  J.  Prunty,  A.  Seymour,  His  Excellency  Governor  Ran- 
dolph, John  Marshall,  N.  Burwell,  R.  Andrews,  James  Johnson  (who 
was  the  latest  survivor  of  the  Convention,  died  at  his  residence  in  Isle 
of  Wight  county  on  the  i6th  day  of  August,  1845,  aged  ninety-nine 
years),  R.  Bullock,  B.  Ashton,  W.  Thornton,  H.  Towles,  L  Powell,  W. 
O.  Callis,  R.  Wormeley,  Francis  Corbin,  W.  McClerry,  James  Webb, 
James  Taylor,  of  Norfolk,  J.  Stringer,  L.  Eyre,  W.  Jones,  T.  Gaskins, 


352  VIRGINIA    CONVENTION    OF    1788. 

The  main  question  on  concurring  in  the  amendments  proposed 
by  the  committee  was  then  put,  and  decided  in  the  affirmative 
without  a  division.  The  secretary  was  ordered  to  engross  the 
amendments  on  parchment,  to  be  signed  by  the  president,  and 
to  transmit  the  same,  with  the  ratification  of  the  Federal  Consti- 
tution, to  the  United  States  in  Congress  assembled.  A  fair  en- 
grossed copy  of  the  form  of  ratification,  with  the  proposed 
amendments,  was  ordered  to  be  signed  by  the  president,  and  to 
be  forwarded  to  the  executive  of  each  State  in  the  Union.  It 
was  further  ordered  that  the  proceedings  of  the  body  be  recorded 
in  a  well-bound  book,  and,  when  signed  by  the  president  and 
secretary,  to  be  deposited  in  the  archives  of  the  Council  of  State. 
The  printer  was  ordered  to  transmit  fifty  copies  of  the  form  of 
ratification,  with  the  amendments,  to  each  county  in  the  State. 
Some  accounts  of  the  printer  and  of  the  carpenters,  who  had 
fitted  up  the  hall  of  the  Academy,  were  referred  to  the  auditor 
for  settlement,  and  the  business  of  the  Convention  was  done. 


A.  Woods,  James  Madison,  J.  Gordon,  of  Orange,  W.  Ronald,  T. 
Walke,  Anthony  Walke,  Benjamin  Wilson,  John  Wilson,  of  Randolph, 
W.  Peachey,  Andrew  Moore,  T.  Lewis,  G.  Jones,  J.  Rinker,  J.  Williams, 
Benjamin  Blunt,  S.  Kello,  }.  Allen,  Cole  Digges,  B.  Washington,  the 
Hon.  George  Wythe,  and  Thomas  Mathews — 65. 

NOES:  The  Hon.  Edmund  Pendleton,  president,  E.  Custis,  J.  Pride, 
William  Cabell,  S.  J.  Cabell,  J.  Trigg,  C.  Clay,  William  Fleming,  Henry 
Lee,  of  Bourbon,  John  Jones,  B.  Jones,  C.  Patteson,  D.  Bell,  R.  Alex- 
ander, E.  Winston,  Thomas  Read,  the  Hon.  Paul  Carrington,  Benjamin 
Harrison,  the  Hon.  John  Tyler,  D.  Patteson,  S.  Pankey,  junior,  Joseph 
Michaux,  French -Strother,  Joseph  Jones,  Miles  King,  J.  Haden,  John 
Early,  T.  Arthur,  J.  Guerrant,  W.  Sampson,  Isaac  Coles,  George  Car- 
rington, Parke  Goodall,  John  C.  Littlepage,  Thomas  Cooper,  W.  Fleet, 
Thomas  Roane,  Holt  Richeson,  B.  Temple,  James  Gordon,  of  Lancas- 
ter, Stevens  Thompson  Mason,  W.  White,  Jona.  Patteson,  J.  Logan, 
H.  Pawling,  John  Miller,  Green  Clay,  S.  Hopkins,  R.  Kennon,  Thomas 
Allen,  A.  Robertson,  Walter  Crockett,  Abraham  Trigg,  Solomon  Shep- 
herd, W.  Clayton,  Burwell  Bassett,  M.  Walton,  John  Steele,  R.  Wil- 
liams, John  Wilson,  of  Pittsylvania,  T.  Turpin,  Patrick  Henry,  Edmund 
Ruffin,  Theodoric  Bland,  William  Grayson,  C.  Bullitt,  W.  Tomlin,  W. 
McKee,  Thomas  Carter,  H.  Dickenson,  James  Monroe,  J.  Dawson, 
George  Mason,  A.  Buchanan,  John  Hartwell  Cocke,  J.  H.  Briggs, 
Thomas  Edmunds,  the  Hon.  Richard  Cary,  S.  Edmonson,  and  J.  Mont- 
gomery—85. 

This  list  of  names  deserves  to  be  well  studied. 


VIRGINIA    CONVENTION    OF    1788.  353 

And  now  the  last  scene  was  at  hand.  Some  member,  whose 
name  has  not  come  down  to  us,  offered  a  resolution  expressive  v 
of  the  sense  entertained  by  the  Convention  of  the  dignity,  the 
impartiality,  and  the  ability  displayed  by  Pendleton  in  the  chair. 
It  was  received  with  unanimous  assent.  A  motion  to  adjourn 
sine  die  was  then  made  and  carried.  Then  that  old  man,  who 
had  hitherto  kept  his  seat  when  putting  a  question  to  the  House, 
was  seen  to  rise  slowly  from  the  chair ;  and  while  he  was  adjust- 
ing himself  on  his  crutches,  the  members  on  the  farthest  benches 
crept  quietly  into  the  body  of  the  hall.  They  were  unwilling  to 
lose  any  of  the  last  words  of  an  eminent  man  whose  name  had 
been  honored  by  their  fathers  and  by  their  grandfathers ;  whose 
skill  in  debate  was  unrivalled,  and  who  was  about  to  close,  on  a 
solemn  occasion  aptly  designed  for  such  an  event,  a  parliamentary 
career  the  longest  and  most  brilliant  in  our  annals.  His  first 
words  were  almost  inaudible  to  those  nearest  him.  He  said  "he 
felt  grateful  to  the  House  for  the  mark  of  respect  which  they  had 
just  shown  him.  He  was  conscious  that  his  infirmities  had  pre- 
vented him  from  discharging  the  duties  of  the  chair  satisfactory 
to  himself,  and  he  therefore  regarded  the  expression  of  the  good 
will  of  his  associates  with  the  more  grateful  and  the  more  tender 
sensibility.  He  knew  that  he  was  now  uttering  the  last  words 
that  he  should  ever  address  to  the  representatives  of  the  people. 
His  own  days  were  nearly  spent,  and  whatever  might  be  the 
success  or  failure  of  the  new  government,  he  would  hardly  live 
to  see  it.  But  his  whole  heart  was  with  his  country.  She  had 
overlooked  his  failings  and  had  honored  him  far  beyond  his 
deserts,  and  every  new  mark  of  her  esteem  had  been  to  him  a 
fresh  memorial  of  his  duty  to  serve  her  faithfully.  The  present 
scene  would  recall  to  others,  as  it  did  to  him,  a  similar  one  which 
occurred  twelve  years  ago.  The  Convention  had  then  declared 
independence,  and  the  members  who  had  cheerfully  incurred  the 
risks  of  a  war  with  a  powerful  nation,  were  about  to  depart  to 
sustain  their  country  by  their  counsels  and  by  their  valor.  He 
saw  some  of  those  members  before  him.  A  kind  Providence 
had  blessed  them  beyond  their  hopes.  They  had  gained  their 
liberty,  and  their  country  was  placed  among  the  nations  of  the 
earth.  They  had  acquired  a  territory  nearly  as  large  as  the  con- 
tinent of  Europe.  That  territory  connected  them  with  two  great 
warlike  and  maritime  nations,  whose  power  was  formidable  and 


354  VIRGINIA*  CONVENTION    OF    1788. 

whose  friendship  was  at  least  doubtful.  The  defects  of  the  Con- 
federation were  generally  admitted,  and  the  Constitution,  which 
has  been  ratified  by  us,  is  designed  to  take  its  place.  This  Con- 
vention was  called  to  consider  it. 

"  Heretofore  our  Conventions  had  met  in  the  midst  of  a  raging 
war.  Now  all  was  peace.  There  was  no  enemy  within  our  bor- 
ders to  intimidate  or  annoy  us.  The  Constitution  was  in  some 
important  respects  defective.  The  numerous  amendments  pro- 
posed by  the  Convention  were  designed  to  point  out  those  de- 
fects, and  to  remove  them.  The  members  had  performed  their 
duty  with  the  strictest  fidelity,  and  he  was  pleased  to  see  so  many 
young,  eloquent,  and  patriotic  men  ready  to  take  the  places  of 
those  who  must  soon  disappear.  He  beseeched  gentlemen  who 
had  acquitted  themselves  with  a  reputation  that  would  not  be  lost 
to  posterity,  to  forget  the  heats  of  discussion,  and  remember  that 
each  had  only  done  what  he  deemed  to  be  his  duty  to  his  coun- 
try. Let  us  make  allowances  for  the  workings  of  a  new  system. 
It  is  the  Constitution  of  our  country.  If  our  hopes  should  be 
disappointed,  and  should  the  government  turn  out  badly,  the 
remedy  was  in  our  own  hands.  Virginia  gave,  and  Virginia  would 
take  away.  But  all  radical  changes  in  governments  should  be 
made  with  caution  and  deliberation.  We  could  know  the  present, 
but  the  future  was  full  of  uncertainties.  The  best  government  was 
not  perfect,  and  even  in  a  government  that  has  serious  defects, 
the  people  might  enjoy,  by  a  prudent  and  temperate  administra- 
tion, a  large  share  of  happiness  and  prosperity.  But  it  was  his 
solemn  conviction  that  a  close  and  firm  union  was  essential  to  the 
safety,  the  independence,  and  the  happiness  of  all  the  States,  and 
with  his  latest  breath  he  would  conjure  his  countrymen  to  keep 
this  cardinal  object  steadily  in  view.  We  are  brothers  ;  we  are 
Virginians.  Our  common  object  is  the  good  of  our  country. 
Let  us  breathe  peace  and  hope  to  the  people.  Let  our  rivalry  be 
who  can  serve  his  country  with  the  greatest  zeal ;  and  the  future 
would  be  fortunate  and  glorious.  His  last  prayer  should  be  for 
his  country,  that  Providence  might  guide  and  guard  her  for  years 
and  ages  to  come.  If  ever  a  nation  had  cause  for  thankfulness 
to  Heaven,  that  nation  was  ours.  As  for  himself,  if  any  unpleas- 
ant incident  had  occurred  in  debate  between  him  and  any  mem- 
ber, he  hoped  it  would  be  forgotten  and  forgiven  ;  and  he  tendered 
to  all  the  tribute  of  his  most  grateful  and  affectionate  respect. 


VIRGINIA    CONVENTION   OF    1788.  355 

One  duty  alone  remained   to  be  performed,  and  he  now  pro- 
nounced the  adjournment  of  the  Convention  without  day." 

While  Pendleton  was  speaking,  we  are  told  that  the  House  was  9 
in  tears.  Members  who  had  mixed  in  the  fierce  m&lee,  and  who 
had  uttered  the  wildest  imprecations  on  the  Constitution,  as  they 
listened  to  his  calm,  monitory  voice,  could  not  restrain  their  emo- 
tions. Old  men,  who  had  heard  his  parting  benediction  twelve 
years  before  to  the  Convention  which  declared  independence,  and 
called  to  mind  his  manly  presence  and  the  clear  silver  tones  of  a 
voice  now  tremulous  and  faint  from  infirmity  and  age,  bowed 
their  heads  between  their  hands  and  wept  freely.  But  in  the  ^ 
midst  of  weeping  the  deep  blue  eye  of  Pendleton  was  undimmed. 
When  he  concluded  his  speech  he  descended  from  the  chair,  and, 
taking  his  seat  on  one  of  the  nearest  benches,  he  bade  adieu  to 
the  members  individually,  who  crowded  around  him  to  press  a 
parting  salutation.  The  warmest  opponents  were  seen  to  ex- 
change parting  regards  with  each  other.  For  it  was  a  peculiar 
and  noble  characteristic  of  our  fathers,  when  the  contest  was  de- 
cided, to  forgive  and  forget  personal  collisions,  and  to  unite  heart 
and  hand  in  the  common  cause.  On  the  breaking  up  of  the 
House  many  members  ordered  their  horses,  and  were  before  sun- 
set some  miles  on  their  way  homeward ;  and  before  the  close  of 
another  day  all  had  disappeared  ;  and  there  was  no  object  to  re- 
mind the  citizen  of  Richmond,  as  at  nightfall  through  deserted 
streets  he  sought  his  home,  that  the  members  of  one  of  the  most 
illustrious  assemblies  that  ever  met  on  the  American  continent 
had  finished  their  deliberations,  had  discharged  the  high  trust 
confided  to  them  by  their  country,  and  had  again  mingled  with 
the  mass  of  the  people. 


APPENDIX. 


As  a  specimen  of  the  complaints  about  the  state  of  trade  in 
1785,  I  annex,  with  some  comments  upon  it,  an  extract  from  a 
letter  of  Mr.  Madison,  dated  Orange  C.  H.,  July  7,  1785,  and 
addressed  to  R.  H.  Lee,  which  may  be  seen  in  Mr.  Rives'  His- 
tory of  the  Life  and  Times  of  Madison,  Vol.  II,  47,  note : 

"  What  makes  the  British  monopoly  the  more  mortifying  is 
the  abuse  which  they  make  of  it.  Not  only  the  private  planters, 
who  have  resumed  the  practice  of  shipping  their  own  tobacco, 
but  many  of  the  merchants,  particularly  the  natives  of  the  coun- 
try, who  have  no  connections  with  Great  Britain,  have  received 
accounts  of  sales  this  season  which  carry  the  most  visible  and 
shameful  frauds  in  every  article.  In  every  point  of  view,  indeed, 
the  trade  of  the  country  is  in  a  most  deplorable  condition. 

"A  comparison  of  current  prices  here  with  those  in  the 
Northern  States,  either  at  this  time  or  at  -any  time  since  the 
peace,  will  show  that  the  loss  direct  on  our  produce,  and  indirect 
on  our  imports,  is  not  less  than  fifty  per  cent.  Till  very  lately 
the  price  of  one  staple  has  been  down  at  323.  and  333.  on  James 
river,  at  283.  on  Rappahannock  river  tobacco.  During  the  same 
period  the  former  was  selling  in  Philadelphia,  and  I  suppose  in 
other  Northern  ports,  at  443.  of  this  currency,  and  the  latter  in 
proportion,  though  it  cannot  be  denied  that  tobacco  in  the 
Northern  ports  is  intrinsically  worth  less  than  it  is  here,  being 
at  the  same  distance  from  the  ultimate  market,  and  burthened 
with  the  freight  from  this  to  the  other  States.  The  price  of 
merchandise  here  is,  at  least,  as  much  above,  as  that  of  tobacco 
is  below,  the  Northern  standard." 

The  British  monopoly  spoken  of  in  the  letter  was  nothing 
more  or  less  than  that  England,  having  more  ships  than  any 


358  APPENDIX. 

other  nation,  sent  more  of  them  to  Virginia  than  any  other 
nation  did.  Had  France,  or  Spain,  or  Holland,  or  any  other  » 
country,  been  fortunate  enough  to  own  more  ships  than  its 
neighbor,  the  same  ground  of  complaint  would  have  existed ; 
or  had  all  the  foreign  shipping  that  entered  our  ports  been 
equally  divided  among  foreign  powers,  the  ground  of  complaint 
would  have  been  the  same.  The  ship-carpenters,  and  the  mer- 
chants who  owned  home-built  ships,  were  dissatisfied  at  the 
state  of  things,  and  called  for  relief.  And  supposing,  for  the 
sake  of  argument,  it  would  have  been  expedient  to  burden  for- 
eign vessels  with  taxes,  the  Assembly  of  Virginia  had  full  au- 
thority to  administer  the  proposed  relief,  which  was  done  at  the 
session  following  the  date  of  the  letter  by  the  passage  of  an  act 
imposing  a  tax  on  British  shipping.  And  if  it  be  alleged  that, 
if  Virginia  imposed  a  tax,  Maryland  would  admit  the  vessel 
taxed  duty-free,  it  is  conclusive  to  say  that  Virginia,  with  the 
assent  of  Congress,  which  followed  as  a  matter  of  course,  could 
form  any  agreement  she  pleased  with  Maryland,  and  did  take  effi- 
cient measures  for  so  doing  at  the  session  of  1785.  Thus  far 
all  that  is  complained  of  by  Mr.  Madison  could  be  accomplished 
by  an  ordinary  Act  of  Assembly,  and  required  no  change  in  the 
organic  law. 

The  next  ground  of  complaint  is,  that  the  foreign  commission 
merchants  made  fraudulent  returns  to  the  planter;  a  very  bad 
thing  indeed,  and  justified  a  change  of  agents ;  but  surely  such 
a  change  could  be  made  without  overturning  the  government  of 
the  Confederation.  Indeed,  the  Philadelphians,  as  it  appears 
from  the  last  sentence  of  the  letter,  did  find  honest  agents  abroad, 
we  may  suppose,  if  it  be  true,  as  alleged,  that  they  sold  their 
imported  articles  so  much  lower  than  they  could  be  sold  on  James 
river.  What  the  Northern  merchant  could  do  under  the  exist- 
ing Confederation,  we  could  do  as  well. 

The  second  paragraph,  which  relates  to  current  prices  of  to- 
bacco in  Philadelphia  and  in  the  Virginia  waters,  will  strike  every 
man  of  business  as  representing  an  abnormal  state  of  trade,  which 
is  frequently  seen  under  every  system  of  laws.  The  obvious  ex- 
planation is,  that  Philadelphia  was  not  a  tobacco  market,  and  that 
what  little  tobacco  she  had  was  mainly  designed  to  make  up  the 
complement  of  assorted  cargoes,  and  would  naturally  command 
under  such  circumstances  a  higher  price  than  the  article  was  sell- 


APPENDIX.  359 

ing  for  several  hundred  miles  off.  If  the  Philadelphia  market 
had  been  stable  at  the  prices  named  in  the  letter,  and  if  the  Vir- 
ginia planter  lost  fifty  per  cent,  of  his  crop  and  of  his  return 
purchases  by  sending  it  to  England,  it  is  plain  that  the  whole  to- 
bacco crop  of  Virginia  would  have  been  at  the  foot  of  Market- 
street  wharf  in  that  city  in  less  than  six  weeks  from  the  time  when 
the  intelligence  reached  James  river  ;  for  vessels  were  abundant, 
according  to  the  letter  itself.  The  saving  in  time,  in  freight,  and 
in  foreign  purchases,  would  have  put  the  Northern  market  ahead 
of  all  the  world.  Such  inequalities,  then,  could  have  been  reme- 
died by  a  little  management  and  common  sense  alone,  without 
any  change  in  the  Federal  alliances  of  Virginia. 

But  the  great  value  of  this  letter,  which  has  been  selected  from 
the  files  of  Mr.  Madison  to  show  the  desperate  condition  of 
affairs  under  the  government  of  the  Confederation,  and  to  justify 
that  statesman  in  his  policy  of  depriving  his  native  State  of  the 
invaluable  right  of  regulating  her  own  trade,  consists  in  affording 
an  unconscious,  but  not  the  less  remarkable,  proof  of  the  commer- 
cial prosperity  of  Virginia  at  the  time  in  question.  Let  it  be  re- 
membered that  the  treaty  with  Great  Britain,  that  ended  the  war 
of  the  Revolution,  was  not  signed  at  Paris  till  the  3d  day  of  Sep- 
tember, 1783,  and  was  not  ratified  by  Congress  until  the  i4th 
day  of  January,  1784;  and  that  this  letter  of  Mr.  Madison  was 
written  in  July,  1785  ;  and  that,  besides  the  large  trade  and  com- 
merce of  Norfolk,  which  we  know  from  other  sources,  it  repre- 
sents the  planters  shipping  from  their  own  estates  their  abundant 
agricultural  products  in  the  ships  of  a  single  nation  which  were 
so  numerous  as  to  monopolize  the  trade  and  fix  what  rates  they 
pleased  ;  and  that  all  this  trade  and  commerce  was  the  growth  of 
less  than  eighteen  months,  and  we  have  before  us,  under  all  the 
circumstances  of  the  case,  a  picture  of  prosperity  almost  without 
a  parallel.  And  this  picture  is  heightened  by  the  purport  of 
three  petitions,  which  are  given  on  the  same  pages  which  con- 
tain the  above  letter.  These  petitions  come  from  Norfolk,  Ports- 
mouth and  Suffolk.  That  from  Norfolk  is  in  the  following  words  : 
"That  the  prohibition  laid  by  Great  Britain  on  the  trade  to  the 
West  Indies,  and  the  almost  total  monopoly  of  the  other  branches 
of  trade  by  foreigners,  has  produced  great  distress  and  much 
injury  to  the  trade  of  the  Commonwealth  ;  that  the  rapid  de- 
crease of  American  bottoms,  the  total  stop  to  ship-building  and 


360  APPENDIX. 

to  the  nursery  of  American  seamen  occasioned  thereby,  threaten 
the  most  alarming  consequences  unless  timely  avoided  by  the 
wisdom  of  the  Legislature." 

The  object  of  this  petition,  which  comes  from  the  ship- carpen- 
ters and  the  merchants  who  built  vessels,  is  the  laying  of  a  tax 
on  the  ships  of  all  countries  trading  to  our  ports  to  favor  their 
own  private  gain,  which,  so  far  as  that  private  gain  is  the  public 
gain,  and  no  farther,  is  commendable ;  and  in  asking  for  a  tax  on 
foreign  tonnage,  they  sought  what  the  Assembly  could  grant 
most  effectually  if  it  pleased,  and  was  granted  at  the  said  session 
of  1785,  no  change  in  the  Federal  system  being  necessary  for 
such  a  purpose.  As  for  the  prohibition  on  the  West  India  trade, 
which  only  means  that  Great  Britain  would  not  allow  our  vessels, 
any  more  than  the  vessels  of  other  nations,  to  engage  in  what  she 
regards  as  her  coasting  trade,  the  petition,  whether  presented  in 
1785  or  1826,  would  have  been  beyond  the  power  of  any  nation 
under  any  possible  form  of  government  to  have  granted.  Great 
Britain  determined  to  be  the  carrier  of  the  productions  of  her 
Colonies  in  her  own  bottoms  ;  but — and  this  is  one  of  the 
bright  signs  of  those  times — all  those  productions  were  brought 
to  our  ports  by  her  vessels,  which  received  in  return  the  products 
of  our  own  industry,  and  the  result  was  a  most  profitable  busi- 
ness that  greatly  enhanced  our  prosperity.  The  complaint  of 
the  Norfolk  merchants  was  that,  in  addition  to  the  gains  resulting 
from  such  a  commerce,  they  could  not  secure  the  profits  of  the 
carrying  trade.  They  sucked  the  orange  dry,  and  muttered  that 
the  producer  of  the  orange  kept  the  rind  to  himself. 

The  petitioners  further  urged  as  a  grievance  that,  besides  their 
inability  to  substitute  their  own  vessels  for  the  vessels  owned  by 
the  West  Indians  who  brought  their  valuable  cargoes  to  Norfolk, 
and  took  back  our  produce  in  return,  "there  was  an  almost 
total  monopoly  of  other  branches  of  trade  by  foreigners"  The 
history  of  the  case  is  this  :  Norfolk  had  been  reduced  to  ashes 
at  the  beginning  of  the  war,  and  the  whole  population  sent  into 
the  interior.  It  was  so  effectually  destroyed  by  the  British  and 
by  our  own  people  that  it  was  a  boast  that  in  that  once  flourish- 
ing town  a  shed  could  not  be  found  to  shelter  a  cow.  Let  it  be 
remembered  that  among  the  merchants  and  traders  of  the  town 
before  it  was  burned,  comparatively  few  were  native  Virginians, 
who  regarded  mercantile  employments  with  dislike.  As  soon 


APPENDIX.  361 

as  the  war  was  over,  hundreds  of  enterprising  business  men  of 
every  class  and  of  every  country  flocked  to  the  town,  and  in  a 
short  time  restored  it  to  a  degree  of  prosperity  which  it  had 
never  known  before.  These  men  from  abroad  brought  with 
them  a  capital  in  money  as  well  as  skill,  and  the  business  natu- 
rally fell  into  their  hands.  They  became  good  citizens,  married 
good  Virginia  wives,  and  the  blood  of  one  who  came  to  Virginia 
from  Scotland  in  1783,  and  helped  to  build  up  the  prosperity  of 
that  era,  flows  in  the  veins  of  him  who  traces  these  lines.  I  only 
wish  we  had  the  same  ground  of  complaint  now  that  the  Nor- 
folk petitioners  had  then. 

The  Norfolk  petition  further  urges  some  relief  against  "  the 
decrease  of  American  bottoms."  Then  the  business  men  of 
that  day  had  a  choice  between  home  and  foreign  bottoms,  and 
preferred  the  foreign.  Now,  according  to  the  received  laws  of 
free  trade,  for  which  the  South  has  ever  been  such  an  advocate, 
that  preference  was  just;  as  to  place  the  home  bottoms  on  a 
level  with  the  foreign,  by  legislation,  would  be  to  pay  the  home 
ship-owner  a  bounty  not  only  equal  to  the  difference  in  the 
charge  of  freight,  but  to  the  costs  of  collection.  But,  whatever 
we  may  think  of  the  doctrines  of  free  trade,  the  Assembly  was 
competent  to  apply  the  remedy,  and  no  organic  change  was 
needed  on  this  account.  And  let  it  be  kept  in  mind  that,  as 
Norfolk  was  a  wilderness,  destitute  of  people,  capital,  and  skill 
at  the  close  of  the  war,  the  men,  the  capital,  and  the  skill  which 
built  these  home-made  vessels,  which  were  said  to  be  diminish- 
ing, were  all  the  result  of  a  space  of  time  not  exceeding  eighteen 
months. 

The  Portsmouth  memorial,  quoted  by  Mr.  Rives,  is  as  follows: 
The  petitioners  affirm  that  4<  the  present  deplorable  state  of 
trade,  occasioned  by  the  restrictions  and  policy  of  the  British 
acts  of  navigation,  has  caused  great  and  general  distress,  and 
threatens  total  ruin  and  decay  to  the  several  branches  of  com- 
merce ; "  and  we  add  from  the  Journal  of  the  House  of  Delegates 
(October  session  of  1785,  page  24,)  the  mode  of  relief  desired 
by  the  petitioners,  which  is  "  that  certain  restrictive  acts  may  be 
imposed  on  the  British  trade,  or  other  more  adequate  and  effec- 
tual measures  adopted  for  relief  therein."  Here  we  have  the 
remedy  proposed  by  the  petitioners,  which  is  to  tax  foreign  ton- 
nage to  such  a  degree  as  either  to  drive  it  from  our  ports  or  to 


362  APPENDIX. 

enable  them  to  build  ships  to  compete  with  it.  And  Suffolk 
adds  "that  even  the  coasting  trade  and  inland  navigation  had 
fallen  into  the  hands  of  foreigners."  What  we  would  call  atten- 
tion to  is  the  fact  that  these  petitioners  fully  believed  that  the 
Assembly  possessed  the  power,  as  it  assuredly  did,  to  grant  the 
relief  desired,  and  professed  no  wish  for  a  change  in  our  federal 
system.  As  to  a  business  view  of  the  matter,  when  we  recall  the 
fact  that,  on  the  declaration  of  peace,  we  had  hardly  a  canoe  to 
launch  on  the  waters  of  the  Elizabeth,  and  not  a  solitary  dollar 
in  specie,  and  that  our  merchants  had  accumulated  so  early  a 
moneyed  capital  which  inspired  them  with  the  hopes  of  driving  all 
foreign  bottoms  from  our  waters — and  all  this  in  the  space  of 
eighteen  months — we  see  in  all  these  memorials  from  our  sea- 
ports, not  the  proofs  of  a  decreasing  trade,  as  some  would  have 
us  believe,  but  the  most  infallible  indications  of  commercial 
success. 

Of  all  the  men  of  his  times,  Mr.  Madison  possessed  that  caste 
of  intellect  best  adapted  for  the  discussions  of  commerce  and 
political  economy.  But  his  sphere  of  personal  observation  was 
very  limited.  He  never  visited  Petersburg,  I  believe  ;  and,  as 
well  as  I  could  learn  from  his  writings,  from  the  recollections  of 
his  intimate  friends,  and  from  conversations  which  I  have  had 
with  him  from  time  to  time  about  Norfolk,  he  never  visited  our 
seaport  in  the  interval  between  1783  and  1788,  if  ever.  He  lived 
far  beyond  the  scent  of  salt  water  in  Orange,  which  was  then  as 
distant  from  Norfolk,  if  we  measure  distance  by  the  time  of  ordi- 
nary travel,  as  Quebec  or  New  Orleans  is  now.  The  only  breath 
of  sea  air  he  probably  ever  drew  was  in  crossing  from  the  Jersey 
shore  to  New  York  to  take  his  seat  in  Congress.  He  served  but 
a  single  session  in  our  Assembly,  the  October  session  of  1776, 
when  he  was  twenty-five,  and  the  next  deliberative  body  of  which 
he  was  a  member  was  Congress,  in  which  he  remained  the  consti- 
tutional term  of  three  years,  and  to  which  he  was  returned  as 
soon  as  he  was  eligible.  He  was  thus  led  to  regard  the  Union 
as  his  patriotic  stand -point — and  a  glorious  stand -point  it  was — 
and  not  the  State  of  Virginia,  one  more  glorious  still  ;  and  his 
occasional  appearances  in  the  Assembly,  in  which  he  rendered 
invaluable  service  to  his  country,  but  in  which  on  federal  topics 
he  was  almost  powerless,  did  not  conquer  his  central  preposses- 
sions. But  in  or  out  of  Congress,  a  truer  patriot  never  lived. 


APPENDIX.  363 


CONSTITUTION. 


WE  the  people  of  the  United  States,  in  order  to  form  a  more  perfect 
Union,  establish  Justice,  insure  domestic  Tranquility,  provide  for  the 
common  defence,  promote  the  general  Welfare,  and  secure  the  Bles- 
sings of  Liberty  to  ourselves  and  our  Posterity,  do  ordain  and  estab- 
lish this  CONSTITUTION  for  the  United  States  of  America. 

ARTICLE  I. 

SECTION  I.  All  legislative  Powers  herein  granted  shall  be  vested  in  a 
Congress  of  the  United  States,  which  shall  consist  of  a  Senate  and 
House  of  Representatives. 

SECTION  II.  i.  The  House  of  Representatives  shall  be  composed  of 
members  chosen  every  second  Year  by  the  People  of  the  several  States, 
and  the  Electors  in  each  State  shall  have  the  Qualifications  requisite 
for  Electors  of  the  most  numerous  Branch  of  the  State  Legislature. 

2.  No  person  shall  be  a  representative  who  shall  not  have  attained 
to  the  Age  of  twenty  five  Years,  and  been  seven  Years  a  Citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  Inhabitant  of 
that  State  in  which  he  shall  be  chosen.  • 

3.  Representatives  and  direct  Taxes  shall  be  apportioned  among  the 
several  States  which  may  be  included  within  this  Union,  according  to 
their  respective  Numbers,  which  shall  be  determined  by  adding  to  the 
whole  Number  of  free  Persons,  including  those  bound  to  Service  for  a 
Term  of  Years,  and  excluding  Indians  not  taxed,  three-fifths  of  all 
other  Persons.    The  actual  Enumeration  shall  be  made  within  three 
Years  after  the  first  Meeting  of  the  Congress  of  the  United  States,  and 
within  every  subsequent  Term  of  ten  Years,  in  such  Manner  as  they 
shall  by  Law  direct.     The  Number  of  Representatives  shall  not  exceed 
one  for  every  thirty  Thousand,  but  each  State  shall  have  at  Least  one 
Representative ;  and  until  such  enumeration  shall  be  made,  the  State 
of  New  Hampshire  shall  be  entitled  to  chuse  three,   Massachusetts 
eight,  Rhode-Island  and  Providence  Plantations  one,  Connecticut  five, 
New- York  six,  New  Jersey  four,  Pennsylvania  eight,  Delaware  one, 
Maryland  six,  Virginia  ten,  North  Carolina  five,  South  Carolina  five,  and 
Georgia  three. 

4.  When  vacancies  happen  in  the  Representation  from  any  State,  the 
Executive  Authority  thereof  shall  issue  Writs  of  Election  to  fill  such 
Vacancies. 

5.  The    House  of  Representatives   shall  chuse  their  Speaker  and 
other  Officers ;  and  shall  have  the  sole  Power  of  Impeachment. 


364  APPENDIX. 

SECTION  III.  i.  The  Senate  of  the  United  States  shall  be  composed 
of  two  Senators  from  each  State,  chosen  by  the  Legislature  thereof, 
for  six  Years:  and  each  Senator  shall  have  one  Vote. 

2.  Immediately  after  they  shall  be  assembled  in  Consequence  of  the 
first  Election,  they  shall  be  divided  as  equally  as  may  be  into  three 
Classes.     The  seats  of  the  Senators  of  the  first  Class  shall  be  vacated 
at  the  Expiration  of  the  second  Year,  of  the  second  Class  at  the  Expi- 
ration of  the  fourth  Year,  and  of  the  third  Class  at  the  Expiration  of 
the  sixth  Year,  so  that  one-third  may  be  chosen  every  second  Year  ; 
and  if  Vacancies  happen  by  Resignation,  or  otherwise,  during  the  Re- 
cess of  the  Legislature  of  any  State,  the  Executive  thereof  may  make 
temporary  Appointments  until  the  next  Meeting  of  the  Legislature, 
which  shall  then  fi)l  such  Vacancies. 

3.  No  person  shall  be  a  Senator  who  shall  not  have  attained  to  the 
Age  of  thirty  Years,  and  been  nine  Years  a  Citizen  of  the  United  States, 
and  who  shall   not,  when  elected,  be  an   Inhabitant  of  that  State  for 
which  he  shall  be  chosen. 

4.  The  Vice  President  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  Vote,  unless  they  be  equally  divided. 

5.  The  Senate  shall  chuse  their  other  Officers,  and  also  a  President 
pro  tempore,  in  the  Absence  of  the  Vice  President,  or  when  he  shall 
exercise  the  Office  of  President  of  the  United  States. 

6.  The  Senate  shall  have  the  sole   Power  to  try  all   Impeachments. 
When  sitting  for  that  Purpose,  they  shall  be  on  Oath  or  Affirmation. 
When  the  President  of  the  United  States  is  tried,  the  Chief  Justice  shall 
preside  :  And  no  Person  shall  be  convicted  without  the  Concurrence  of 
two-thirds  of  the  Members  present. 

7.  Judgment  in  Cases  of  Impeachment  shall  not  extend  further  than 
to  removal  from  Office,  and   Disqualification  to  hold  and  enjoy  any 
Office  cf  honour,   Trust  or  Profit   under  the  United  States:  but  the 
Party  convicted  shall  nevertheless  be  liable  and  subject  to  Indictment, 
Trial,  Judgment  and  Punishment,  according  to  law. 

SECTION  IV.  i.  The  Times,  Places  and  Manner  of  holding  Elections 
for  Senators  and  Representatives,  shall  be  prescribed  in  each  State  by 
the  Legislature  thereof;  but  the  Congress  may  at  any  time  by  Law 
make  or  alter  such  Regulations,  except  as  to  the  places  of  chusing 
Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every  Year,  and  such 
Meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall  by 
Law  appoint  a  different  Day. 

SECTION  V.  i.  Each  House  shall  be  the  Judge  of  the  Elections,  Re- 
turns and  Qualifications  of  its  own  Members,  and  a  Majority  of  each 
shall  constitute  a  Quorum  to  do  Business ;  but  a  smaller  Number  may 
adjourn  from  day  to  day,  and  may  be  authorized  to  compel  the  At- 
tendance of  Absent  Members,  in  such  Manner,  and  under  such  Penal- 
ties as  each  House  may  provide. 


APPENDIX.  365 

2.  Each  House  may  determine  the  Rules  of  its  Proceedings,  punish 
its  Members  for  disorderly  Behaviour,  and,  with  the  Concurrence  of  two 
thirds,  expel  a  Member. 

3.  Each  House  shall  keep  a  Journal  of  its  Proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  Parts  as  may  in  their 
Judgment  require  Secrecy  ;  and  the  Yeas  and  Nays  of  the  Members  of 
either  House  on  any  question  shall,  at  the  Desire  of  one  fifth  of  those 
Present,  be  entered  on  the  Journal. 

4.  Neither  House,  during  the  Session  of  Congress,  shall,  without  the 
Consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any 
other  Place  than  that  in  which  the  two  Houses  shall  be  sitting. 

SECTION  VI.  i.  The  Senators  and  Representatives  shall  receive  a 
compensation  for  their  Services,  to  be  ascertained  by  Law,  and  paid 
out  of  the  Treasury  of  the  United  States.  They  shall  in  all  Cases,  ex- 
cept Treason,  Felony  and  Breach  of  the  Peace,  be  privileged  from  Ar- 
rest during  their  Attendance  at  the  Session  of  their  respective  Houses, 
and  in  going  to  and  returning  from  the  same ;  and  for  any  Speech  or 
Debate  in  either  House,  they  shall  not  be  questioned  in  any  other 
Place. 

2.  No  Senator  or  Representative  shall,  during  the  Time  for  which  he 
was  elected,  be  appointed  to  any  civil  Office  under  the  Authority  of  the 
United  States,  which  shall  have  been  created,  or  the  Emoluments 
whereof  shall  have  been  encreased  during  such  time ;  ,and  no  Person 
holding  any  Office  under  the  United  States,  shall  be  a  Member  of  either 
House  during  his  Continuance  in  Office. 

SECTION  VII.  i.  All  Bills  for  raising  Revenue  shall  originate  in  the 
House  of  Representatives  ;  but  the  Senate  may  propose  or  concur  with 
Amendments  as  on  other  Bills. 

2.  Every  Bill  which  shall  have  passed  the  House  of  Representatives 
and  the  Senate,  shall,  before  it  become  a  law,  be  presented  to  the  Presi- 
dent of  the  United  States ;  if  he  approve  he  shall  sign  it,  but  if  not  he 
shall  return  it,  with  his  Objections  to  that  House  in  which  it  shall  have 
originated,  who  shall  enter  the  Objections  at  large  on  their  Journal, 
and  proceed  to  reconsider  it.    If  after  such  Reconsideration  two  thirds 
of  that  House  shall  agree  to  pass  the  Bill,  it  shall  be  sent,  together 
with  the  Objections,  to  the  other  House,  by  which  it  shall  likewise  be 
reconsidered,  and  if  approved  by  two  thirds  of  that  House,  it  shall  be- 
come a  Law.     But  in  all  such  Cases  the  Votes  of  both  Houses  shall  be 
determined  by  Yeas  and  Nays,  and  the  Names  of  the  Persons  voting 
for  and  against  the  Bill  shall  be  entered  on  the  Journal  of  each  House 
respectively.     If  any  Bill  shall  not  be  returned  by  the  President  within 
ten  Days  (Sundays  excepted)  after  it  shall  have  been  presented  to  him, 
the  Same  shall  be  a  law,  in  like  Manner  as  if  he  had  signed  it,  unless 
the  Congress  by  their  Adjournment  prevent  its  Return,  in  which  Case 
it  shall  not  be  a  Law. 

3.  Every  Order,  Resolution,  or  Vote  to  which  the  Concurrence  of  the 


366  ^     APPENDIX. 

Senate  and  House  of  Representatives  may  be  necessary  (except  on  a 
question  of  Adjournment)  shall  be  presented  to  the  President  of  the 
United  States  ;  and  before  the  Same  shall  take  Effect,  shall  be  approved 
by  him,  or  being  disapproved  by  him,  shall  be  repassed  by  two  thirds 
of  the  Senate  and  House  of  Representatives,  according  to  the  Rules 
and  Limitations  prescribed  in  the  Case  of  a  Bill. 
SECTION  VIII.  The  Congress  shall  have  Power 

1.  To  lay  and  collect  Taxes,  Duties,  Imposts  and  Excises,,  to  pay  the 
Debts  and  provide  for  the  common  Defence  and  general  Welfare  of  the 
United  States  ;  but  all  Duties,  Imposts  and  Excises  shall  be  uniform 
throughout  the  United  States  ; 

2.  To  borrow  Money  on  the  credit  of  the  United  States  ; 

3.  To  regulate  Commerce  with  foreign  Nations,  and  among  the  sev- 
eral States,  and  with  the  Indian  Tribes ; 

4.  To  establish  an  uniform  Rule  of  Naturalization,  and  uniform  Laws 
on  the  subject  of  Bankruptcies  throughout  the  United  State ; 

5.  To  coin  Money,  regulate  the  Value  thereof,  and  of  foreign  Coin, 
and  fix  the  Standard  of  Weights  and  Measures ; 

6.  To  provide  for  the  Punishment  of  counterfeiting  the  Securities  and 
current  Coin  of  the  United  States ; 

7.  To  establish  Post  Offices  and  post  Roads  ; 

8.  To  promote  the  progress  of  Science  and  useful  Arts,  by  securing 
for  limited  Times  to  Authors  and  Inventors  the  exclusive  Right  to  their 
respective  Writings  and  Discoveries  ; 

9.  To  constitute  Tribunals  inferior  to  the  supreme  Court; 

10.  To  define  and   punish   Piracies  and  Felonies  committed  on  the 
high  Seas,  and  Offences  against  the  Law  of  Nations  ; 

11.  To  declare  War,  grant  Letters  of  Marque  and  Reprisal,  and  make 
Rules  concerning  Captures  on  Land  and  Water ; 

12.  To  raise  and  support  Armies,  but  no  Appropriation  of  Money  to 
that  Use  shall  be  for  a  longer  Term  than  two  Years  ; 

13.  To  provide  and  maintain  a  Navy  ; 

14.  To  make  Rules  for  the  Government  and  Regulation  of  the  land 
and  naval  forces ; 

15.  To  provide  for  calling  forth  the  Militia  to  execute  the  Laws  of  the 
Union,  suppress  Insurrections  and  repel  Invasions; 

16.  To  provide  for  organizing,  arming,  and  disciplining,  the  Militia, 
and  for  governing  such  Part  of  them  as  may  be  employed  in  the  Ser- 
vice of  the  United  States,  reserving  to  the  States  respectively,  the  Ap- 
pointment of  the  Officers,  and    the  Authority   of  training  the  Militia 
according  to  the  Discipline  prescribed  by  Congress  ; 

17.  To  exercise  exclusive  Legislation  in  all  Cases  whatsoever,  over 
such  District  (not  exceeding  ten  Miles  square)  as  may,  by  Cession  of 
particular  States,  and  the  Acceptance  of  Congress,  become  the  Seat  of 
the  Government  of  the  United  States,  and  to  exercise  like  Authority 
over  all  Places  purchased  by  the  Consent  of  the  Legislature  of  the 


APPENDIX.  367 

State  in  which  the  Same  shall  be,  for  the  Erection  of  Forts,  Magazines, 
Arsenals,  Dock- Yards,  and  other  needful  Building;; ; — And 

18.  To  make  all  Laws  which  shall  be  necessary  and  proper  for  car- 
rying into  Execution  the  foregoing  Powers,  and  all  other  Powers  vested 
by  this  Constitution  in  the  Government  of  the  United  States,  or  in  any 
Department  or  Officer  thereof. 

SECTION  IX.  i.  The  Migration  or  Importation  of  such  Persons  as  any 
of  the  States  now  existing  shall  think  proper  to  admit,  shall  not  be 
prohibited  by  the  Congress  prior  to  the  Year  one  thousand  eight  hun- 
dred and  eight,  but  a  Tax  or  Duty  may  be  imposed  on  such  Importa- 
tion, not  exceeding  ten  dollars  for  each  Person. 

2.  The  Privilege  of  the  Writ  of  Habeas  Corpus  shall  not  be  sus- 
pended, unless   when  in  Cases  of  Rebellion  or  Invasion  the  public 
Safety  may  require  it. 

3.  No  Bill  of  Attainder  or  ex  post  facto  Law  shall  be  passed. 

4.  No  Capitation  or  other  direct  Tax  shall  be  laid,  unless  in  Propor- 
tion to  the  Census  or  Enumeration  herein  before  directed  to  be  taken. 

5.  No  Tax  or  Duty  shall  be  laid  on  Articles  exported  from  any  State. 
6    No  Preference  shall  be  given  by  any  Regulation  of  Commerce  or 

Revenue  to  the  Ports  of  one  State  over  those  of  another :  nor  shall 
Vessels  bound  to,  or  from,  one  State,  be  obliged  to  enter,  clear,  or  pay 
Duties  in  another. 

7.  No  Money  shall  be  drawn  from  the  Treasury,  but  in  Consequence 
of  Appropriations  made  by  Law ;  and   a  regular  Statement  and  Ac- 
count of  the  Receipts  and  Expenditures  of  all  public  Money  shall  be 
published  from  time  to  time. 

8.  No  title  of  Nobility  shall  be  granted  by  the  United  States  :   And 
no  Person  holding  any  Office  of   Profit  or  Trust  under  them,  shall 
without  the  Consent  of  the  Congress,  accept  of  any  present,  Emolu- 
ment, Office,  or  Title,  of  any  kind  whatever,  from  any  King,  Prince,  or 
foreign  State. 

SECTION  X.  i.  No  State  shall  enter  into  any  Treaty,  Alliance,  or  Con- 
federation ;  grant  Letters  of  Marque  and  Reprisal ;  coin  Money ;  emit 
Bills  of  Credit ;  make  any  Thing  but  gold  and  silver  Coin  a  Tender  in 
Payment  of  Debts ;  pass  any  Bill  of  Attainder,  ex  post  facto  Law,  or 
Law  impairing  the  Obligation  of  Contracts,  or  grant  any  Title  of  No- 
bility. 

2.  No  State  shall,  without  the  consent  of  the  Congress,  lay  any  Im- 
post or  Duties  on  Imports  or  Exports,  except  what  may  be  absolutely 
necessary  for  executing  it's  inspection  Laws :  and  the  net  Produce  of 
all  Duties  and  Imposts  laid  by  any  State  on  Imports  or  Exports,  shall 
be  for  the  Use  of  the  Treasury  of  the  United  States;  and  all  such  Laws 
shall  be  subject  to  the  Revision  and  Controul  of  the  Congress. 

3.  No  State  shall,  without  the  Consent  of  Congress,  lay  any  duty  of 
Tonnage,  keep  Troops,  or  Ships  of  War  in  time  of  Peace,  enter  into 
any  agreement  or  Compact  with  another  State,  or  with  a  foreign  Power, 


368  APPENDIX. 

. 

or  engage  in  War,  unless  actually  invaded,  or  in  such  imminent  Danger 
as  will  not  admit  of  Delay. 

ARTICLE  II. 

SECTION  I.  i.  The  executive  Power  shall  be  vested  in  a  President  of 
the  United  States  of  America.  He  shall  hold  his  Office  during  the 
Term  of  four  Years,  and,  together  with  the  Vice  President,  chosen  for 
the  same  Term,  be  elected,  as  follows: 

2.  Each  State  shall  appoint,  in  such  Manner  as  the  Legislature  there- 
of may  direct,  a  Number  of  Electors,  equal  to  the  whole  Number  of 
Senators  and  Representatives  to  which  the  State  may  be  entitled  in  the 
Congress :  but  no  Senator  or  Representative,  or  Person   holding  an 
Office  of  Trust  or  Profit  under  the  United  States,  shall  be  appointed 
an  elector. 

3.  The  Electors  shall  meet  in  their  respective  States,  and  vote  by 
Ballot  for  two  Persons,  of  whom  one  at  least  shall  not  be  an  Inhabitant 
of  the  same  State  with  themselves.     And  they  shall  make  a  list  of  all 
the  Persons  voted  for,  and  of  the  number  of  votes  for  each ;  which  List 
they  shall  sign  and  certify,  and  transmit  sealed  to  the  Seat  of  the  Gov- 
ernment of  the  United  States,  directed  to  the  President  of  the  Senate. 
The  President  of  the  Senate  shall,  in  the  Presence  of  the  Senate  and 
House  of  Representatives,  open  all  the  Certificates,  and   the  Votes 
shall  then  be  counted.     The  Person  having  the  greatest  number  of 
Votes  shall  be  the  President,  if  such  a  number  be  a  Majority  of  the 
whole  Number  of  Electors  appointed;  and  if  there  be  more  than  one 
who  have  such  Majority,  and  have  an  equal  number  of  votes,  then  the 
House  of  Representatives  shall  immediately  chuse  by  Ballot  one  of 
them  for  President ;  and  if  no  Person  have  a  Majority,  then  from  the 
five  highest  on  the  List  the  said  House  shall  in  like  manner  chuse  the 
President.     But  in  chusing  the  President,  the  Votes  shall  be  taken  by 
States,  the  Representation  from  each  State  having  one  Vote:  A  Quo- 
rum for  this  Purpose  shall  consist  of  a  Member  or  Members  from  two- 
thirds  of  the  States,  and  a  Majority  of  all  the  States  shall  be  necessary 
to  a  Choice.     In  every  Case,  after  the  Choice  of  the  President,  the  Per- 
son having  the  greatest  Number  of  Votes  of  the  Electors  shall  be  the 
Vice  President.     But  if  there  should  remain  two  or  more  who  have 
equal  Votes,  the  Senate  shall  chuse  from  them  by  Ballot  the  Vice 
President. 

4.  Congress  may  determine  the  Time  of  Chusing  the  Electors,  and 
the  Day  on  which  they  shall  give  their  Votes;  which  day  shall  be  the 
same  throughout  the  United  States. 

5.  No  Person  except  a  natural   born   Citizen,  or  a   Citizen    of  the 
United  States,  at  the  time  of  the  Adoption  of  this  Constitution,  shall 
be  eligible  to  the  Office  of  President ;  neither  shall  any  Person  be  eli- 
gible to  that  Office  who  shall  not  have  attained  to  the  Age  of  thirty-five 
Years,  and  been  fourteed  Years  a  Resident  within  the  United  States. 


APPENDIX.  369 

6.  In  Case  of  the  Removal  of  the  President  from  Office,  or  of  his 
Death,  Resignation,  or  Inability  to  Discharge  the  Powers  and  Duties 
of  the  said  Office,  the  same  shall  devolve  on  the  Vice  President,  and 
the  Congress  may  by  Law  provide  for  the  Case  of  Removal,  Death, 
Resignation,  or  Inability,  both  of  the  President  and  Vice  President, 
declaring  what  Officer  shall  then  act  as  President,  and  such  Officer 
shall  act  accordingly,  until  the  Disability  be  removed,  or  a  President 
shall  be  elected. 

7.  The  President  shall,  at  stated  Times,  receive  for  his  Services,  a 
Compensation,  which  shall  neither  be  increased  nor  diminished  during 
the  Period  for  which  he  shall  have  been  elected,  and  he  shall  not  re- 
ceive withjn  that  Period  any  other  Emolument  from  the  United  States, 
or  any  of  them. 

8.  Before  he  enter  on  the  Execution  of  his  Office,  he  shall  take  the 
following  Oath  or  Affirmation  : — 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the 
"  Office  of  President  of  the  United  States,  and  will  to  the  best  of  my 
"  Ability,  preserve,  protect  and  defend  the  Constitution  of  the  United 
"States." 

SECTION  II.  i.  The  President  shall  be  Commander  in  Chief  of  the 
Army  and  Navy  of  the  United  States,  and  of  the  Militia  of  the  several 
States,  when  called  into  the  actual  Service  of  the  United  States ;  he 
may  require  the  Opinion,  in  writing,  of  the  principal  Officer  in  each  of 
the  executive  Departments,  upon  any  Subject  relating  to  the  Duties  of 
their  respective  Offices,  and  he  shall  have  power  to  grant  Reprieves 
and  Pardons  for  Offences  against  the  United  States,  except  in  Cases  of 
Impeachment. 

2.  He  shall  have  Power,  by  and  with  the  Advice  and  Consent  of  the 
Senate,  to  make  Treaties,  provided  two  thirds  of  the  Senators  present 
concur;  and  he  shall  nominate,  and  by  and  with  the  Advice  and  Con- 
sent of  the  Senate,  shall  appoint  Embassadors,  other  public  Ministers 
and  Consuls,  Judges  of  the  supreme  Court,  and  all  other  Officers  of  the 
United  States,  whose  Appointments  are  not  herein  otherwise  provided 
for,  and  which  shall  be  established  by  Law :  but  the  Congress  may  by 
Law  vest  the  Appointment  of  such  inferior  Officers,  as  they  think 
proper,  in  the  President  alone,  in  the  Courts  of  Law,  or  in  the  Heads 
of  Departments. 

3.  The  President  shall  have  Power  to  fill  up  all  Vacancies  that  may 
happen  during  the  Recess  of  the  Senate,  by  granting  Commissions 
which  shall  expire  at  the  End  of  their  next  Session. 

SECTION  III.  He  shall  from  time  to  time  give  to  the  Congress  Infor- 
mation of  the  State  of  the  Union,  and  recommend  to  their  Considera- 
tion such  Measures  as  he  shall  judge  necessary  and  expedient ;  he  may, 
on  extraordinary  Occasions,  convene  both  Houses,  or  either  of  them, 
and  in  Case  of  Disagreement  between  them,  with  Respect  to  the  time 
of  Adjournment,  he  may  adjourn  them  to  such  time  as  he  shall  think 

24 


370  APPENDIX. 

proper :  he  shall  receive  Ambassadors  and  other  public  Ministers  ;  he 
shall  take  Care  that  the  Laws  be  faithfully  executed,  and  shall  Com- 
mission all  the  Officers  of  the  United  States. 

SECTION  IV.  The  President,  Vice  President  and  all  civil  Officers  of 
the  United  States,  shall  be  removed  from  Office  on  Impeachment  for, 
and  Conviction  of,  Treason,  Bribery,  or  other  high  Crimes  and  Misde- 
meanors. 

ARTICLE  III. 

SECTION  I.  The  judicial  Power  of  the  United  States,  shall  be  vested 
in  one  supreme  Court,  and  in  such  inferior  Courts  as  the  Congress  may 
from  time  to  time  ordain  and  establish.  The  Judges,  both  of  the  su- 
preme and  inferior  Courts,  shall  hold  their  Offices  during  good  Beha- 
vior, and  shall,  at  stated  Times,  receive  for  their  Services,  a  Compen- 
sation, which  shall  not  be  diminished  during  their  Continuance  in 
Office. 

SECTION  II.  i.  The  judicial  Power  shall  extend  to  all  Cases,  in  Law 
and  Equity,  arising  under  this  Constitution,  the  Laws  of  the  United 
States,  and  Treaties  made,  or  which  shall  be  made,  under  their  Au- 
thority ;  to  all  Cases  affecting  Ambassadors,  other  public  Ministers, 
and  Consuls  ;  to  all  Cases  of  admiralty  and  maritime  Jurisdiction  ; — to 
Controversies  to  which  the  United  States  shall  be  a  Party; — to  Contro- 
versies between  two  or  more  States  ; — between  a  State  and  Citizens  of 
another  State  ;— between  Citizens  of  different  States, — between  Citizens 
of  the  same  State  claiming  Lands  under  Grants  of  different  States,  and 
between  a  State,  or  the  Citizens  thereof,  and  foreign  States,  Citizens  or 
Subjects. 

2.  In  all  Cases  affecting  Ambassadors,  other  public  Ministers   and 
Consuls,  and  those  in  which  a  State  shall  be  a  Party,  the  supreme  Court 
shall  have  original  Jurisdiction.     In  all  the  other  Cases  before  men- 
tioned, the  supreme  Court  shall  have  appellate  Jurisdiction,  both  as  to 
Law  and  fact,  with  such  Exceptions,  and   under  such  Regulations  as 
the  Congress  shall  make. 

3.  The  trial  of  all  Crimes,  except  in  Cases  of  Impeachment,  shall  be 
by  Jury  ;  and  such  trial  shall  be  held  in  the  State  where  the  said  Crimes 
shall  have  been  committed  ;  but  when  not  committed  within  any  State, 
the  Trial  shall  be  at  such  Place  or  Places  as  the  Congress  may  by  Law 
have  directed. 

SECTION  III.  i.  Treason  against  the  United  States,  shall  consist  only 
in  levying  War  against  them,  or  in  adhering  to  their  Enemies,  giving 
them  Aid  and  Comfort.  No  Person  shall  be  convicted  of  Treason  un- 
less on  the  Testimony  of  two  Witnesses  to  the  same  overt  Act,  or  on 
Confession  in  open  Court. 

2.  The  Congress  shall  have  Power  to  declare  the  Punishment  of 
Treason,  but  no  Attainder  of  Treason  shall  work  Corruption  of  Blood, 
or  Forfeiture  except  during  the  Life  of  the  Person  attainted. 


APPENDIX.  371 


ARTICLE  IV. 

SECTION  I.  Full  faith  and  Credit  shall  be  given  in  each  State  to  the 
public  Acts,  Records,  and  judicial  Proceedings  of  every  other  State. 
And  the  Congress  may  by  general  Laws  prescribe  the  Manner  in  which 
such  Acts,  Records  and  Proceedings  shall  be  proved,  and  the  Effect 
thereof. 

SECTION  II.  i.  The  Citizens  of  each  State  shall  be  entitled  to  all 
Privileges  and  Immunities  of  Citizens  in  the  several  States. 

2.  A  Person  charged  in  any  State  with  Treason,  Felony,  or  other 
Crime,  who  shall  flee  from  Justice,  and  be  found  in  another  State,  shall 
on  Demand  of  the  executive  Authority  of  the  State  from  which  he 
fled,  be  delivered  up,  to  be  removed  to  the  State  having  Jurisdiction 
of  the  Crime. 

3.  No  Person  held  to  Service  or  Labour  in  one  State,  under  the  Laws 
thereof,  escaping  into  another,  shall,  in  Consequence  of  any  Law  or 
Regulation  therein,  be  discharged  from  such  Service  or  Labour,  but 
shall  be  delivered  up  on  Claim  of  the  Party  to  whom  such  Service  or 
Labour  may  be  due. 

SECTION  III.  i.  New  States  may  be  admitted  by  the  Congress  into 
this  Union ;  but  no  new  State  shall  be  formed  or  erected  within  the 
Jurisdiction  of  any  other  State  ;  nor  any  State  be  formed  by  the  Junc- 
tion of  two  or  more  States,  or  Parts  of  States,  without  the  Consent  of 
the  Legislatures  of  the  States  concerned  as  well  as  of  the  Congress. 

2.  The  Congress  shall  have  Power  to  dispose  of  and  make  all  need- 
ful Rules  and  Regulations  respecting  the  Territory  or  other  Property 
belonging  to  the  United  States  ;  and  nothing  in  this  Constitution  shall 
be  so  construed  as  to  Prejudice  any  Claims  of  the  United  States,  or  of 
any  particular  State. 

SECTION  IV.  The  United  States  shall  guarantee  to  every  State  in 
this  Union  a  Republican  Form  of  Government,  and  shall  protect  each 
of  them  against  Invasion ;  and  on  Application  of  the  Legislature,  or 
of  the  Executive  (when  the  Legislature  cannot  be  convened)  against 
domestic  Violence. 

ARTICLE  V. 

The  Congress,  whenever  two  thirds  of  both  Houses  shall  deem  it 
necessary,  shall  propose  Amendments  to  this  Constitution,  or,  on  the 
Application  of  the  Legislatures  of  two  thirds  of  the  several  States, 
shall  call  a  Convention  for  proposing  Amendments,  which,  in  either 
Case,  shall  be  valid  to  all  Intents  and  Purposes,  as  Part  of  this  Consti- 
tution, when  ratified  by  the  Legislatures  of  three  fourths  of  the  several 
States,  or  by  Conventions  in  three  fourths  thereof,  as  the  one  or  the 
other  Mode  of  Ratification  may  be  proposed  by  the  Congress :  Pro- 
vided that  no  Amendment  which  may  be  made  prior  to  the  Year  one 


372  APPENDIX. 

thousand  eight  hundred  and  eight  shall  in  any  Manner  affect  the  first 
and  fourth  Clauses  in  the  Ninth  Section  of  the  first  Article ;  and  that 
no  State,  without  its  Consent,  shall  be  deprived  of  its  equal  Suffrage  in 
the  Senate. 

ARTICLE  VI. 

1.  All  Debts  contracted  and  Engagements  entered  into,  before  the 
Adoption  of  this  Constitution,  shall  be   as  valid  against  the  United 
States  under  this  Constitution,  as  under  the  Confederation. 

2.  This  Constitution,  and  the  Laws  of  the  United  States  which  shall 
be  made  in  Pursuance  thereof;  and  all  Treaties  made,  or  which  shall 
be  made,  under  the  authority  of  the  United  States,  shall  be  the  supreme 
Law  of  the  Land ;  and  the  Judges  in  every  State  shall  be  bound  there- 
by, any  Thing  in  the  Constitution  or  Laws  of  any  State  to  the  Contrary 
notwithstanding. 

3.  The  Senators  and   Representatives   before   mentioned,   and  the 
Members  of  the  several  State  Legislatures,  and  all  executive  and  judi- 
cial Officers,  both  of  the  United  States  and  of  the  several  States,  shall 
be  bound  by  Oath  or  Affirmation,  to  support  this  Constitution ;  but  no 
religious  test  shall  ever  be  required  as  a  Qualification  to  any  Office  or 
public  Trust  under  the  United  States. 

ARTICLE  VII. 

The  Ratification  of  the  Conventions  of  nine  States,  shall  be  sufficient 
for  the  Establishment  of  this  Constitution  between  the  States  so  rati- 
fying the  Same. 


F 

230 
G75 
v.l 


Grisby,  Hugh  Blair 

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