BOUGHT WITH THE INCOME FROM THE SAGE ENDOWMENT FUND THE GIFT OF Henrg W. Sage 1891 ./. /l:0k.k. Cornell University Library PS 661.M82 V.I American eloquence:a collection of speec 3 1924 021 998 574 m ^t^ Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924021998574 AMERICAN ELOQUENCE: '2. Collection of SPEECHES AND ADDRESSES BT THE MOST EMINENT ORATORS OF AMERICA; WITH BIOGRAPHICAL SKETCHES AND ILLUSTRATIVE NOTES, Bt prank MOORE. ' There were Gyants in the earth in thofe dayes mightie men, which were of olde, men of renowne.'' lUasfratelr foif^ J^ourietn portraits mgrafrjli on StetL IN TWO VOLUMES. YOL. I. NEW YORK: D. APPLETON AND COMPANY, 72 FIFTH AVENUE. 1895. Kktebed, according to Act of Congress, fn the year 185T, by D. APPLETON & COMPANY, ia the Clerk's Office of the District Conrt of the United States, for the Southern District of New York. PREFACE. The design of the present work is to furnish a convenient and popular Library Edition of the most celebrated Speeches and Addresses, forensic and parliamentary, of the principal Orators and Statesmen of America. It contains many which have never before been included in any collection ; and heretofore inaccessible to the student and general reader. As far as attainable, specimens of the eloquence of the Continental Congress have been given, which fully illustrate the principles and portray the sufferings of the Revolutionary Period. Many entire speeches from the debates in Congress, since the year 1789, under the present organization of the Government, will also be found in this work. Selections from the earnest and able discussions in the Stat^ Conventions of the principles involved in the adoption of the Federal Constitution, also form a considerable portion of the work ; and thus render it valuable as a means of acquii-ing an understanding of that important instrument. The biographical sketches, preceding the selections from the works of each orator, are intended to present a brief outline of their lives and public services, the limited space allowed for that portion of the work precluding more extended notices. The analytical index attached to the work may render it generally useful as a book of reference. The want of a work of this kind is too obvious to make any apology necessary for its publication at the present time. Should its success warrant such a course, another series, embracing the moee eecent and living osatoss, prepared upon the same plan, will be offered to the public. PREFACE. In closing, the Editor acknowledges his obligations to the numerous individuals from whom he has received valuable assistance, and especially to his brother, George H. Moore ; to Mrs. Laura Wolcott Gibbs, for permission to copy the miniature of Alexander Hamilton, painted by her, and now in her possession ; to Dr. John W. Francis, for the extension of his usual courtesies ; to Mr. Henry T. Tuckerman, for valuable suggestions ; to Mr. William Hunter, of the State Department, Washington, for the material contained in the sketch of his father's life; to the Libraries of the New York Historical Society, the Mercantile Library Association, the New York Society Library, and the Astor Library, as well as to the oflacers of these Institutions for the facility with which he has been enabled to make use of their valuable collections. New Toek, August, 1st, 1857, CONTENTS OF YOL. I. JAMES OTIS: Sketch of his Life, . . . . 1 Speech on the Writs of Assistance, . 4 On the study of the Law, . . .7 PATRICK HENKT : Sketch of his Life, .... 6 ;' Speech on the Federal Constitution, . . ]S Another speech on the same subject, . 14 Beply to Bdmund Randolph, . . .23 RICHARD HENRY LEE: Sketch of his Life, . . . .40 Address of the American Colonies to the in- habitants of Great Britain ; 1775, . . 43 WILLLAM HENRY DRAYTON : Sketch of his Life, .... 48 Charge to the Grand Jury of Charleston Dis- trict, South Carolina : 1776, . . 50 JOSEPH WARREN : - Sketch of his Life, .... 57 Oration on the Boston Massacre, . . 60 JAMES WILSON : Sketch of his Life, .... 65 (^Vindication of the Colonies ; a speech deliyer- ed in the Convention for the Province of Pennsylvania: 1775, . . .68 y Speech on the Federal Constitution, . 74 WILLLiM LIVINGSTON : Sketch of his Life, . . . ,82 Speech to the New Jersey Legislature : 1777, 88 FISHER AMES : Sketch of bis Life, . Speech on Madison's Resolutions, Speech on the British Treaty, 91 104 'OHN RUTLEDGE : Sketch of his Life, . . . .118 Address to the South Carolina Assembly : 1776, 120 Speech to the General Assembly : 1782, . 122 JAMES MADISON: Sketch of his Life, ... 125 i_,8peeoh on the Federal Constitution, . 127 Speech on the British Treaty, . . , 144 JOHN JAY: Sketch of his Life, . . . .151 j^ Address to the People of Great Britain ; 1774, 159 EDMUND RANDOLPH: Sketch of his Life, .... 163 i^^eech on the Federal Constitution, . 165 Argument in the Trial of Aaron Burr, . 174 ALEXANDER HAMILTON: Sketch of his Life, .... 183 Speech on the Federal Constitution, . . 187 Remarks in the Federal Convention of New York, on Mr. Gilbert Livingston's pro- posed amendment to the Constitution, 195 Further remarks on the Federal Constitution, 200 Argument in the case of Harry Croswell, . 204 Speech on the Revenue System, . . 215 JOHN HANCOCK : Sketch of his Life, Oration on the Boston Massacre, 224 227 JOHN ADAMS : Sketch of his Life, . . . .232 V Speech in defence ofthe British Soldiers: 1770, 235 Inaugural Address : 1797, . . .248 GEORGE WASHINGTON: Sketch of his Life, Inaugural Address : 1789, Farewell Address, 251 252 254 ELIAS BOUDINOT: Sketch of his Life, . . .262 Oration before the New Jersey Society of Cin- cinnati, . , . . . 254 Speech on Non-Intercourse with Great Brit- ain : 1794, . . . .270 CONTENTS OF VOL. I. JOHN DICKINSON: Sketch of his Life, . . . .278 Speech in the Pennsylvania Assembly : 1764, 277 The Declaration on Taking up Arms : 1775, 286 JOHN WITHEESPOON: Sketch of his Life, . . . .290 Speech on the Conference with Lord Howe, . 293 Remarks on the Confederation, , . 296 Speech on the Convention with Burgoyne, . 298 Speech on the Appointment of Plenipoten- tiaries, ..... 301 Speech on the Loan Office Certificates, . 303 A Portion of a speech on the Finances, . 305 DATID RAMSAY : Sketch of his Life, . . . .308 Oration on the Advantages of American In- dependence, .... 310 j<)xtract from an Oration on the Cession of Louisiana to the United States, . . 318 SAMUEL ADAMS: Sketch of his Life, . . . .319 Oration on American Independence, . . 324 JOSIAH QUINCT, Je; Sketch of his Life, . . . .331 An Appeal, under the signature of "Hy- perion:" 1768 334 Speech in Defence of the British Soldiers: 1770, 336 BENJAMIN RUSH : Sketch of his Life, . . . .346 Address to the People of the United States, 1787, previous to the meeting of the Federal Convention, . . .347 ROBERT R. LIVINGSTON: Sketch of his Life, . . . .350 Oration before the New York Society of Cin- cinnati: 1787, . . . .352 The Purse and Sword ; an extract, . . 355 H. H. BRACKENRIDGE : Sketch of his Life, . . . .356 An Eulogium on " the brave men who have fallen in the contest with Great Britain :" 1779, 358 CHARLES PINCKNBY : Sketch of his Life, . . . . Observations on the Federal Constitution, r.UTHER MARTIN: Sketch of his Life, . . . . Speech on the Federal Convention, 861 871 873 OLIVER ELLSWORTH : Sketch of his Life, . . . .401 Remarks on the Federal Constitution, . 404 Speech on the Power of Congress to levy Taxes, . . . . ■ 406 CHRISTOPHER GORE : Sketch of his Life, . . . -41(1 Speech on the Prohibition of certain Imports: 1814, 412 Speech onDirect Taxation, . . . 417 RED JACKET : Sketch of his Life, . . . .423 Reply to Samuel Dexter, . . . 426 Defence of stiff-armed-George, . . 427 Reply to Mr. Cram, . . . .429 URIAH TRACY: Sketch of his Life, . . . .431 Speech on a proposed amendment of the Con- stitution: 1802, . . . .432 Remarks on the Judiciary System, . 442 HENRY LEE : Sketch of his Life, . . . .447 Eulogy on Washington, . . . 449 GOUVERNEUR MORRIS: Sketch of his Life, . • . . .458 Speech on the Judiciary, . . . 457 Discourse before the New York Historical Society: 1812, . . . .466 Speech on the Navigation of the Mississippi, 475 Oration over the dead body of Hamilton, . 487 ROBERT GOODLOE HARPER : Sketch of his Life, . . . .489 Speech on the Aggressions of France, . 491 Speech on the Appointment of Foreign Minis- ters, ...... 503 THOMAS ADDIS EMMET : Sketch of his Life, .... 625 Speech in the trial of William S. Smith, . 528 Argument in the trial of Robert M. Goodwin, 637 GEORGE RICHARDS MINOT : Sketch of his Life, .... 551 Eulogy on Washington, . . , 552 HARRISON GRAY OTIS : Sketch of his Life, .... 5b1 Eulogy on Hamilton, . . , 559 DE WITT CLINTON : Sketch of his Life, .... 565 Speech on the Navigation, of the Mississippi, 667 15 T.D -Ajipletcm S Co AMERICAN ELOQUENCE. JAMES OTIS. The subject of this memoir, descended in the iifth generation from John Otis, who came over from England at a very early period of the Colony of Massachusetts Bay, and settled at Hingham, was horn on the 6th of February, 1725, in the family mansion, at Great Marshes, now West Barnstable, Massachusetts. Nothing is known of his early youth. Pursuing his classical studies under the guidance of the Eeverend Jonathan Eussel, minister of the parish in which he lived, he entered Harvard OoUege in June, 1739, and took his first degree in 1743. "During the first two years of his college life," says his biographer, "his natural ardor and vivacity made his society much courted by the elder students, and engaged him more in amusement than in study ; hut he changed his course in the junior year, and began thenceforward to give indica- tions of great talent and power of application." The only record of his having taken any part in the usual collegiate courses, is that of a syllogistic disputation, on receiving his first degree. At college, excepting his two first years, he was serious in his disposition and steady in the prosecution of his studies. When he came home during the vacations, being so devoted to his books, he was seldom seen ; and the near neighbors to his father's dwelling would sometimes only remark his retm-n after he had been at home a fortnight. Though enveloped and marked with some of the gravity and abstraction natural to severe application, he would occasionally discover the wit and humor which formed, afterwards, striking ingredients in his character. A '^ small party of young people being assembled one day at his father's house, when he was at home during a college vacation, he had taken a slight part in their sports, when, after much persua- sion, they induced him to play a country dance for them with his violin, on which instrument he then practised a little. The set was made up, and after they were fairly engaged, he suddenly stopped, and holding up his fiddle and how, exclaimed, "So Orpheus fiddled, and so danced the brutes ! " and then tossing the instrument aside, rushed into the garden, followed by the disap- pointed revellers, who w^re obliged to convert their intended dance into a frolicsome chase after the fugitive musician. It was the intention of Mr. Otis to qualify himself for the practice of law, but he did not engage in the appropriate studies for that purpose immediately on leaving college. He wisely devoted nearly two years to the pursuits of general literature and science, intending thereby to establish broad and deep the foundations of his professional studies. In 1745 he commenced the study of the law, in the oflBce of Jeremiah Gridley, at that time the most eminent lawyer in the province ; and on completing those studies, he removed to Plymouth, and practised there during the years 1748 and 1749. Finding the "narrow range of country business " unsuited to his powers, he returned to Boston, where he soon rose to the highest position in his profession, being often called upon from other colonies and distant provinces for legal assistance and advice. 1 2 JAMES OTIS. Tlirough all his professional engagements, he still retained his taste for literature. In 1760, he published " The Rudiments of Latin Prosody, with a Dissertation on Letters, and the Principles of Harmony, in Poetic and Prosaic Composition, collected fi'om the best Writers." He also composed a similar work on Greek Prosody, which was never published, but perished with all the rest of his papers. The important events preceding and connected with the American Revolution, attracted the attention of Mr. Otis. On the death of G-eorge the Second, in 1760, his grandson reached the ■ throne. The conquest of Canada was completed, and rumors were widely spread that the colo- nies were to be deprived of their charters and formed into royal governments. The new king issued orders that enabled his officers of the revenue to compel the sheriffs and constables of the provinces to search for goods which it was supposed had not paid the taxes imposed by Parlia- ment. The good will of the colonists was wanted no longer to advance the prosecution of the war, and Writs ofAssistcmce were undertaken through the influence of royal governors and some other interested friends of the Crown. The first application for those writs was made at Salem, Massachusetts. Stephen Sewall,* who was the Chief Justice of the Superior Court, expressed great doubt of the legality of such writs, and of the authority of the court to grant them. The other judges would not favor it ; and as it was an application of the Crown, that could not be dismissed without a hearing, it was postponed to the next term of the court, to be holden at Boston, in February, 1761. The probable result of this question caused great anxiety among the mercantile portion of the community. The merchants applied to Benjamin Pratt,t to under- take their cause, but he declined, being about to leave Boston for Kew York, of which province he had been appointed Chief Justice. They then solicited Otis, and Oxenbridge Thacher,| both of whom engaged to make their defence. The arguments in this important case, were heard in the Council Chamber of the old Town House in Boston. Chief Justice Sewall having died, Lieut. Gov. Hutchinson had been appointed as his successor, and before him the case was opened, by Mr. Gridley,§ Otis's veteran law teacher, then Attorney General. He was followed by Mr. Thacher, with great ingenuity and ability, on the side of the merchants. *' But," in the language of President Adams, *' Otis was a flame * Stoplien Sewall was the son of Major Samuel Sewall, of Salem, Mass. He waa born in December, 1702, and graduated at Harvard College, in 1721. In 1728 he was chosen tutor in the College, and occupied that position until 1739, when he was called to take a seat on the Bench of the Superior Court. On the death of Chief Justice Dudley, in 1752, he was ap- pointed to succeed him, though not the senior judge. He was distinguished for his honor, integrity, moderation, and great benevolence. He died in December, 1760, and the loss of this impartial, high-minded magistrate, at that critical period, was rightly esteemed a great public misfortune. t Mr. Pratt affords a striking example how strong talent and energy of mind may raise one from a humble lot, and make even calamity the foundation of prosperity. He was bred a mechanic, and met with a serious injury that prevented him from pursuing his occupation. He turned Ms mind to study, entered Harvard College, and took his first degree in 1787, He studied law, and rose to great distinction at the bar. Through the friendship of Governor Pownall, he was made Chief Justice of New York, in 1761. A cause of great difficulty, which had been many years depending, being brought up soon after he had taken his seat, gave him an opportunity of displaying the depth and acuteness of his intellect, and the sound- ness of his judgment, and secured for him at once the public respect and confidence. He wrote some political essays on the topics of the day; and a few remaining fragments in verse of his composition, a specimen of which is preserved in Knapp's Biography, prove that he possessed both taste and talent for poetry. He presided over the Courts of New Tork but two years, dying in 1763, at the age of fifty-five. — Thtdor. % Mr. Thacher was at that time one oY the heads of the bar in Boston ; was a fine scholar, and possessed of much general learning. He received his degree at Harvard College, in 1788. Unassuming and affable in his deportment, of strict moral- ity, punctual in his religious duties, and with sectarian attachments, that made him, like a large majority of the people around him, look with jealousy .and enmity on the meditated encroachments of the English hierarchy; ho was in all -these respects fitted to be popular. To these qualities he joined the purest and most ardent patriotism, and a quick perception of those in power. His opposition gave the government great uneasiness; his disposition and habits secured public confi- dence; his moderation,-learning, and ability, gave weight to iiis opinions, and prevented him from being considered as under the influence of others. John Adams says, the advocates of the Crown "hated him worse than they did James Otis or Samuel Adams." Thacher published some essays on the subject of an alteration proposed by Lieutenant Governor Hutchinson relative to the value of gold and silver; also, a pamphlet against the policy of the Navigation Act, and the Acts of Trade, entitled, " The SenUments of a ^rUiah ATneHcany He died, of a pulmonary complaint, in 1765. § Mr. Gridley was one of the principal lawyers and civilians of this time. He took his degree at Harvard College, In 1725. He came to Boston as an assistant in the Grammar School, for some time preached occasionally; but turning his at- tention to the law, he soon rose to distinction in tbe profession. He set on foot a weekly journal, in 1732, called the Ee nearsal, in which he wrote on various literary as well as political subjects ; but it lasted only one year. He was a Whig In politics, and as a representative from Brookline, in the General Court, opposed the measures of the ministry. He wai JAMES OTIS. of fire ; with a promptitude of classical allusions, a depth of research, a rapid summary of historical events and dates, a profusion of legal authorities, a prophetic glance of his eyes into futurity, and a rapid torrent of impetuous eloquence, he hurried away all before him. American independence was then and there horn. The seeds of patriots and heroes, to defend the Non sine Diia animosus infans,'' to defend the vigorous youth, were then and there sown. Every man of an immense crowded audience appeared to me to go away as I did, ready to take arms igainst Writs of Assistance. Then and there was the first scene of the first act of opposition to the arbitrary claims of Great Britain. Then and there the child Independence was horn. In fifteen years, i. e. in 1776, he grew up to manhood and declared himself free." The princi- ples Otis educed and elaborated with such profound learning, humor and pathos, could not be subverted, and the court at the close of his speech adjourned for consideration : Chief Justice Hutchinson, at the end of the term, giving the opinion, " The Court has considered the subject of Writs of Assistance, and can see no foundation for such a writ; but as the practice in England is not known, it has been thought best to continue the question to the next term, that in the mean time opportunity may be given to knc w the result." + It was on the occasion of this masterly performance, when Otis stood forth as the bold and brilliant advocate of colonial rights, that he became famous. Although he had never before interfered in public affairs, his exertions on this single occasion secured him a commanding popularity with the friends of their country, and the terror and vengeance of her enemies ; neither of which ever deserted him. In May, 1761, he was chosen to the Legislature, in which assembly he wielded immense power. His superiority as a legislator was everywhere acknowl- edged, and in all important measures he was foremost. In 1762 he published the " Vindication of the Conduct of the House of Kepresentatives of the Province of Massachusetts Bay," &c., a work in which many volumes are concentrated. " Look over the Declarations of Rights and Wrongs issued by Congress in 1774," says John Adams. "Look into the Declaration of Inde- pendence, in 1776. Look into the Writings of Dr. Price and Dr. Priestly. Look into all the French Constitutions of government; and to cap the climax, look into Mr. Thomas Paine's Common Sense, Crisis, and Eights of Man ; and what can you find that is not to be found in solid substance in this Vindication of the House of Representatives ? " Mr. Otis was a member of the Congress which met at New York in the month of October in the year 1765. During the same year he published " A Vindication of the British Colonies," &c. Also, " Considera- tions on behalf of the Colonists, in a Letter to a Noble Lord." It was written with spirit and ability, and was the last work that appeared from his pen. On the return of Otis to the colo- nial legislature of 1766, he was appointed chairman of a committee to reply to a message of , Governor Bernard, in which that officer had shown some resentment. In the answer to the message they say, " It appears to us an undue exercise of the prerogative to lay us under the necessity either of silence, or of being thought out of season in making a reply. Tour Excel- lency says, that these times have been more diflocult than they need have been ; which is also the opinion of this House. Those who have made them so, have reason to regret the injury they have done to a sincere and honest people." It need not be said that Otis had neither respect nor fear of the royal governor. The same year Mr. Otis brought before the legislature a proposition "for opening a gallery of the House for such as wished to hear the debates; " thus aiding in the establishment of one of the most important principles of representative gov- ernment, the publicity of legislative proceedings. Until this time it had been customary for the legislative assemblies to sit with closed doors, and it was with great reluctance that the change was made. During the summer of the year 1767, Parliament passed an act " to raise a revenue in however, appointed Attorney-General, when Mr. Ti'Owhridge was promoted to the Bench, and in that capacity was obliged to defend the famons " Writs of Assistance," in which he was opposed and wholly confuted by his pupil, Otis. Ho was a Colonel of the Militia, and Grand Master of the Free Masons, and belonged to some other charitable associations. He died fn Boston, September 7th, nS!.—Miot. * This motto was furnished by Sir William Jones for the AlUance Medal, struck in Paris to commemorate the alliance between France and America. + "When the next term came," says Mr. Adams, "nc judgment was pronounced, — nothing was said about Writs oi Assistance." JAMES OTIS America," imposing duties on glass, paper, painters' colors and tea; and by virtue of another act, the king was empowered to put the customs and other duties in America, and the execution of the laws relating to trade in the colonies, under the management of resident commissioners. The news of the passage of these bUls revived the popular excitement which arose at the time of the Stamp Act, which had died away on its repeal. A town meeting was held in Boston, at which Mr. Otis appeared, " contrary tohis usual practice, as the adviser of cautious and mode- rate proceedings," for which moderation he was charged with being a friend to the act for appointing commissioners. To this charge he replied, " If the name and office of Commissioner General imports no more than that of a Surveyor General, no man of sense will contend about a name. The tax — ^the tax is undoubtedly, at present, the apparent matter of grievance." At this meeting resolutions were passed to encourage the manufactures of the province, and to abstain from the purchase of articles on which duties were imposed, thus deceiving Bernard, the governor, by the quiet character of their proceedings, which were represented as " the last effiarts of an expiring faction," but at the same time becoming more firm and decided. To all the movements of the king and ministry to abridge the liberties of the colonists, Otis maintained a decided and fearless opposition. Bold and daring in the expression of his 'prin- ciples and opinions, he sometimes gave utterance to unguarded epithets, but never employed his gift of irony and sarcasm in a spirit of hatred towards the masses of mankind. Owing to a severe refutation of some strictures upon him, published in the public papers in 1769, he was attacked by one John Robinson, a commissioner of the customs, in a coffee-house in Boston, and in a general affray was cruelly wounded ; from the effects of which he never recovered. His wounds did not prove mortal, but his reason was shattered, and his great usefulness to his coun- try destroyed. He gained heavy damages for the assault ; but in an interval of returning reason he forgave his destroyer and remitted the judgment. He lived until May 28, 1783. On that day, during a heavy thunder-storm, he, with a greater part of the family with whom he resided, had entered the house to wait imtU the shower should have passed. Otis, with his cane in one hand, stood against the part of a door which opened into the front entry, and was in the act of telling the assembled group a story, when an explosion took place, which seemed to shake the solid earth, and he fell without a struggle, or an utterance, instantaneously dead. He had often expressed a desire to die as he did. In one of his lucid intervals, a few weeks previous to his death, he said to his sister: "I hope, when God Ahnighty, in his righteous providence, shaii take me out of time into eternity, that it will be by a flash of lightning." He lived to see thr. Independence of the Colonies, but never fully to enjoy it. *' "When the elorious work which he hegun, Shall stand the most complete beneath the sun ; When peace shall come to crown the grand design, His eyes shall live to see the work Divine — The heavens shall then his generous ' spirit claim In storms as loud as his immortal fame ! ' Hark ! the deep thunders echo round the skies ! On wings of flame the eternal errand flies ; One chosen, charitable bolt is sped — And Otis mingles with the glorious dead." — Dame*. THE WRITS OF ASSISTANCE. Mat it Please toue Honors : I was de- sired by one of the Court to look into the books, and consider the question now before them concerning Writs of Assistance. I have accordingly considered it, and now appear not only in obedience to your order, but like- wise in behalf of the inhabitants of this town, who have presented another petition, and out of regard to the liberties of the subject. And I take this opportunity to declare, that whether under a fee or not, (for in such a cause as this 1 despise a fee,) I will to my dying day oppose with all the powers and faculties God has given me, all such instruments of slavery on the one hand, and viUany on the other, as this writ of assistance is. It appears to me the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law book. I THE WRITS OF ASSISTANCE. must therefore beg your honors' patience and attention to the whole range of an argument, that may perhaps appear uncommon in many things, as well as to points of learning that are more remote and unusual : that the whole ten- dency of my design may the more easily be per- ceived, the conclusions better descend, and the force of them be better felt. I shall not think much of my pains in this cause, as I engaged in It from principle. I was solicited to argue this cause as Advocate General ; and because I would not, I have been charged with desertion from my ofBce.* To this charge I can give a very Bufflcient answer. I renounced that office, and I argue this cause from the same principle ; and I argue it with the greater pleasure, as it is in favor of British liberty, at a time when we hear the greatest monarch upon earth declaring from his throne that he glories in the name of Briton, and that the privileges of his people are dearer to him than the most valuable prerogatives of his crown ; and as it is in opposition to a kind of power, the exercise of which in former periods of history, cost one King of England his head, and another his throne. I have taken more pains in this cause than I ever will take again, although my engaging in this and another popular cause has raised much resentment. But I think I can sincerely declare, that I cheerfully submit myself to every odious name for con- science' sake ; and from my soul I despise all those, whose guilt, malice, or folly has made them my foes. Let the consequences be what they will, I am determined to proceed. The only principles of public conduct, that are wor- thy of a gentleman or a man, are to sacrifice estate, ease, health, and applause, and even life, to the sacred calls of his country. These manly sentiments, in private life, make the good citizen; in public life, the patriot and the hero. I do not say, that when brought to the test, I shall be invincible. I pray God I may never be brought to" the mel- ancholy trial, but if ever I should, it will be then known how far I can reduce to practice principles which I know to be founded in truth. In the mean time I will proceed to the subject of this writ. Your honors will find in the old books con- cerning the office of a justice of the peace, pre- cedents of general warrants to search suspected houses. But in more modern books, you will find only special warrants to search such and such houses, specially named, in which the complainant has before sworn that he suspects his goods are concealed ; and will find it ad- judged, that special warrants only are legal. In the same manner I rely on it, that the writ prayed for in this petition, being general, is illegal. It is a power that places the liberty of every man in the hands of every petty officer. * Otis had late.y been occupying the office of Advocate General of the Crown, and had resigned because "he be- aevod those writs to be illegal and tyrannical," and would aot prostitute his office to the support of an oppressive act. I say I admit that special writs of assistance, to search special places, may be granted to certain persons on oath ; but I deny that the writ now prayed for can be granted, for I beg leave to make some observations on the writ itself, be- fore I proceed to other acts of Parliament. In the first place, the writ is universal, being directed " to all and singular justices, sheriffs, constables, and all other officers and subjects ; " so that, in short, it is directed to every subject in the king's dominions. Every one with this writ may be a tyrant ; if this commission be legal, a tyrant in a legal manner, also, may con- trol, imprison, or murder any one within the realm. In the next place, it is perpetual, there is no return. A man is accountable to no per- son for his doings. Every man may reign secure in his petty tyranny, and spread terror and desolation around him, until the trump of the archangel Shall excite different emotions in his soul. In the third place, a person with this writ, in the daytime, may enter all houses, shops, &c., at will, and command all to assist him. Fourthly, by this writ, not only depu- ties, &c., but even their menial servants, are allowed to lord it over us. What is this but to have the curse of Oauaan with a witness on us ; to be the servant of servants, the most despica- ble of God's creation ? Now one of the most essential branches of English liberty is the free- dom of one's house. A man's house is his castle ; and whilst he is quiet, he is as well guarded as a prince in his castle. This writ, if it should be declared legal, would totally an- nihilate this privilege. Custom-house officers may enter our houses when they please ; we , are commanded to permit their entry. Their menial servants may enter, may break locks, bars, and every thing in their way : and whe- ther they break through malice or revenge, no man, no court can inquire. Bare suspicion without oath is sufficient. This wanton exer- cise of this power is not a chimerical suggestion of a heated brain. I will mention some facts. Mr. Pew had one of these writs, and when Mr. Ware succeeded him, he endorsed this writ over to Mr. Ware : so that, these writs are negotia- ble from one officer to another ; and so your honors have no opportunity of judging the persons to whom this vast power is delegated. Another instance is this: Mr. Justice Walley had called this same Mr. Ware before him, by a constable, to answer for a breach of the sab- bath-day acts, or that of profane swearing. As soon as he had finished, Mr. Ware asked him if he had done. He replied, Yes. Well then, said Mr. Ware, I will show you a little of my power. I command you to permit me to search your house for uncustomed goods; and went on to search the house from the garret to the cellar ; and then served the constable in the same manner ! But to show another absurdity in this writ, if it should be established, I insist upon it every person, by the 14th Charles Se- cond, has this power as well as the custom- house oJBcers. The words are, " it shall be JAMES OTIS. lawful for any person or persons authorized, &c." What a scene does this open I Every man prompted hy revenge, ill-humor, or wan- tonness to inspect the inside of his neighbor's house, may get a writ of assistance. Others will ask it from self-defence ; one arbitrary exertion will provoke another, until society be involved in tumult and in blood. The summary of this speech can be best, and > can now be only given in the words of John Adams, who divides it into five parts : 1. "He began with an exordium, containing an apology for his resignation of the office of Advocate General in the Court of Admiralty ; and for his appearance ia that cause in opposition to the Grown, and in favor of the town of Bos- ton, and the merchants of Boston and Salem. 2. " A dissertation on the rights of man in a state of nature. He asserted that every man, f merely natural, was an independent sovereign, subject to no law but the law written on his ; heart, and revealed to him by his Maker, in the constitution of his nature, and the inspiration of his understanding and his conscience. His right to his life, his liberty, no created being could rightfully contest. Nor was his right to his property less incontestable. The club that he had snapped from a tree, for a staff or for defence, was his own. His bow and arrow were his own ; if by a pebble he had killed a partridge or a squirrel, it was his own. No creature, man or beast, had a right to take it from him. If he had taken an eel, or a smelt, or a sonlpion, it was his property. In short, he sported upon this topic with so much wit and humor, and at the same time with so much in- disputable truth and reason, that he was not less entertaining than instructive. He asserted that these rights were inherent and inalienable. That they never could be surrendered or alien- ated, but by idiots or madmen, and all the acts of idiots and lunatics were void, and not obliga- tory, by all the laws of God and man. Nor were the poor negroes forgotten. Not a Qua- ker in Philadelphia, or Mr. Jeflferson in Vir- ginia, ever asserted the rights of negroes in stronger terms. Young as I was, and ignorant as I was, I shuddered at the doctrine he taught ; and I have all my life shuddered, and still shudder, at the consequences that may be drawn from such premises. Shall we say, that the rights of masters and servants clash, and can be decided only by force? I adore the idea of gradual abolitions! but who shall decide how fast or how slowly these abolitions shall be made? 3. "From individual independence he pro- ceeded to association. If it was inconsistept with the dignity of human nature to say that men were gregarious animals, like wild geese, it surely could offend no delicacy to say they were social animals by nature ; that there were natural sympathies, and above all, the sweet attraction of the sexes, which must soon draw them together in little groups, and by degrees in larger congregations, for mutual assistance . and defence. And this must have happened before any formal covenant, by express words or signs, was concluded. When general councils and deliberations commenced, the objects could be no other than the mutual defence and secu- rity of every individual for his life, his liberty, • and his property. To suppose them to have surrendered these in any other way than by equal rules and general consent, was to suppose them idiots or madmen, whose acts were never binding. To suppose them surprised by fraud, or compelled by force into any other compact, such fraud and such force could confer no obli- gation. Every man had a right to trample it under foot whenever he pleased. In short, ha asserted these rights to be derived only from nature, and the author of nature; that they were inherent, inalienable, and indefeasible by any laws, pacts, contracts, covenants, or stipu- lations, which man could devise. 4. " These principles and these rights were wrought into the English constitution, as fun- damental laws. And under this head he went back to the old Saxon laws, and to Magna Gharta, and the fifty confirmations of it in Par- liament, and the executions ordained against the violators of it, and the national vengeance which had been taken on them from time to time, down to the Jameses and Charleses ; and to the position of rights and the bill of rights, and the revolution. He asserted, that the se- curity of these rights to life, liberty and prop- erty, had been the object of all those struggles against arbitrary power, temporal and spiritual, civil and political, military and ecclesiastical, in every age. He asserted, that our ancestors, a^ British subjects, and we, their descendants, as British subjects, were entitled to all those' !" rights, by the British constitution, as well asi > by the law of nature, and our provincial char-' acter, as much as any inhabitant of London or- Bristol, or any part of England ; and were not to be cheated out of them by any phantom of 'virtual representation,' or any other fiction of law or politics, or any monkish trick of de- ceit and hypocrisy. 5. " He then examined the acts of trade, one by one, and demonstrated, that if they were considered as revenue laws, they destroyed all our security of property, liberty, and life, every right of nature, and the English constitution, and the charter of the province. Here he considered the distinction between ' external- and internal taxes,' at that time a popular and commonplace distinction. But he asserted that there was no such distinction in theory, or upon any principle but 'necessity.' The necessity that the commerce of the empire should be under one direction, was obvious. The Americans liad been so sensible of this ne- cessity, that they had connived at the distmo- tion between external and internal taxes, and had submitted to the acts of trade as regula- ' tions of commerce, but never as taxations, oi THE STUDY OF THE LAW. -rt'^ revenue laws. Nor had the British govern- ' ^-ment, till now, ever dared to attempt to en- force them as taxations or revenue laws. They had lain dormant in that character for a cen- tury almost. The navigation act he allowed to be binding upon us, because we had consented to it by our own legislature. Here he gave a history of the navigation act of the first of over us, Charles II., a plagiarism from Oliver Crom- well. This act had lain dormant for fifteen years. In 1675, after repeated letters an4 or- ders from the king. Governor Leverett very candidly informs his majesty that the law had not been executed, because it was thought un- constitutional ; Parliament not having authority THE STUDY OF THE LAW. I shall always lament that I did not take a year or two further for more general inquiries m the arts and sciences before I sat down to the laborious study of the laws of my country. Early and short clerkships and a premature rushing into practice, without a competent knowledge in the theory of law, have blasted the hopes of (and ruined the expectations formed by the parents of) most of the students in the profession, who have fallen within my ob- servation for these ten or fifteen years past. I hold it to he of vast importance that a young man should be able to make some eclat at his opening, which it is in vain to expect from one under twenty-five : missing of this is very apt to discourage and dispirit him, and what is of worse consequence, may prevent the appli- cation of clients ever after. It has been ob- served before I was born, if a man don't obtain a character in any profession soon after his first appearance, he hardly will ever obtain one. The bulk of mankind, I need not inform you, who have conversed with, studied and found many of them out, are a gaping crew, and like little children and all other gazing creatures, won't look long upon one object which gives them pleasure ; much less will they seek for en- tertainment where they have been twice or thrice disappointed. The late eminent Mr. John Eeed, who, by some, has been perhaps justly esteemed the greatest common lawyer this continent ever saw, was, you know, many years a clergyman, and had attained the age of forty before he began the practice, if not before he began the study, of the law. Sir Peter King, formerly Lord High Chancellor of Eng- land, kept a grocer's shop till he was turned of thirty, then fell into an acquaintance with the immortal John Locke, who discovered a genius in him, advised him to books and assisted in his education ; after which he took to the study of the common law, and finally attained to the highest place to which his royal master could advance a lawyer. I think I have been told the Lord Chief Justice Pemberton, or some one of the Chief Justices of England, was a bankrupt, and in the Fleet prison for debt, before he even dreamed of being a lawyer. I mention these instances, not as arguments to prove it would be most eligible to stay till thirty or forty, be- fore a man begins the study of a pi-ofession he is to live by ; but this inference I think very fairly follows, that those gentlemen availed themselves much of the ripeness of their judg- ments when they began this study, and made much swifter progress than a young man of twenty with all the genius in the world could do ; or they would have been approaching su- perannuation before they would be equipped with a suflSoient degree of learning once to give hope for the success they found, and then such hope would vanish, unless they could get a new lease of life and understanding.* * This extract is taken from a letter addressed by James Otis to his father, in reftrence to the legal edncation of his younger brother, Samuel Allyne Otis, who, in later life, be» came Secretary of the Senate of the United States. PATRICK HENRY. I This distinguished "orator of nature," was born at Studley, in the county of Hanover, and Colony of Virginia. ^ His father emigrated to America, from Aberdeen, Scotland, in quest of fortune, sometinLS prior to 1730 ; and his mother, who belonged to the family of Winstons, was a native of the county in which he was born. ( On the maternal side, he seems to have belonged to an oratorical race. His uncle, William Winston, is said to have been highly gifted with that peculiar cast of eloquence for which Mr. Henry became afterwards so justly oelebratedl An anecdote of this gentleman's rhetorical powers is recorded by the eloquent biographer of Mr. Henry. During the French and Indian war, soon after the defeat of the unfortunate Braddock, when the militia were marched to the fifontiers of Virginia against the enemy, William Win- ston was the lieutenant of a company. The men, who were indifferently clothed, without tents, and exposed to the rigor and inclemency of the weather, discovered great aversion to the ser- vice, and were anxious and even clamorous to return to their families ; when Winston, mounting a stump, addressed them with such keenness of invective, and declaimed with such force of eloquence, on liberty and patriotism, that when he concluded, the general cry was, " Let- us march on ; lead us against the enemy! " and they were now willing and anxious to encounter, all those difficulties and dangers which, but a few moments before, had almost produced a mutiny. "jThe youth of Mr. Henry gave no presage of his future greatness. He was idle and indolent; playing truant from his school, and spending the greater portion of his time in the sports of the field; often sitting whole days upon the margin of some stream, waiting for a bite, or even " one glorious nibble.'' The lamentable effects of this idleness clung to him through life. /After pass- ing one year as merchant's clerk, young Henry, at the age of sixteen, was established in trade by his father, but "through laziness, the love of music, the charms of the chase, and a readiness to Pruat coery one,'''' he soon became bankrupt. One advantage, however, he derived from this experiment ; it was in the study of humai' nature. All his customers underwent his scru- tiny, not with reference to their integrity or solvency, but in relation to the stnicture of their minds and opinions. In this school, it is the opinion of his biographer, Mr. Henry was prepared for his future life. "For those continual efforts to render himself intelligible to his plain and unlettered hearers, on subjects entirely new to them, taught him that clear and simple style which forms the best vehicle of thought to a popular assembly ; while his attempts to interest and affect them, in order that he might hear from them the echo of nature's voice, instructed him in those topics of persuasion by which men are most certainly to be moved, and in the kind of imagery and structure of language which were the best fitted to strike and agitate their hearts." At the early age of eighteen, Mr. Henry was married to Miss Shelton, the daughter of a pool but honest farmer in the neighborhood of his birthplace. The young couple settled on a small farm, and " with the assistance of one or two slaves, Mr. Henry had to delve the earth for his subsistence." His want of agricultural skill and natural aversion to all kinds of systematic labor, closed his career as a farmer in two years, when he again commenced and again failed in IT A D. Apple ton ^ C^ PATRICK HEKRY. mercantile pursuits. Unsuccessful in every thing he had attempted to procure himself and his family subsistence, he, as a last effort, determined to make a trial of the law. To the study oi that profession, " which is said to require the lucubrations of twenty years, Mr. Henry devoted not more than six weeks ; " and at the age of twenty-four he was admitted to the bar. His practice for the first three or four years yielded him but a very scanty return, during which time he performed the duties of an assistant to his father-in-law at a country inn. The celebrated controversy,* in 1763, between the clergy and the legislature of Virginia, Couching the stipend of the former, was the occasion on which Mr. Henry's genius first broke forth. "On this first trial of his strength," says Mr. Wirt, "he rose very awkwardly, and fal- tered much in his exordium. The people hung their heads at so unpromising a commencement ; the clergy were observed to exchange sly looks with each other ; and his father is described as having almost sunk with confusion from his seat. But these feelings were of short duration, and soon gave place to others, of a very different character. For, now were these wonderful faculties which he possessed for the first time developed ; and now was first witnessed that ' mysterious and almost supernatural transformation of appearance, which the fire of his own elo- quence never failed to work in him. For, as his mind rolled along and began to glow from its own action, all the exuvim of the clown seemed to shed themselves spontaneously. His attitude, by degrees, became erect and lofty. The spirit of his genius awakened all his features. His countenance shone with a nobleness and grandeur which it had never before exhibited. There was a lightning in his eyes which seemed to rive the spectator. His action became graceful, bold, and commanding ; and in the tones of his voice, but more especially in his emphasis, there was a peculiar charm, a magic, of which any one who ever heard him will speak as soon as he is named, but of which no one can give any adequate description. They can only say that it struck upon the ear and upon the heart, in a manner which language cannot tell. Add to aU these his wonder-working fancy, and the peculiar phraseology in which he clothed its images ; for he painted to the heart with a force that almost petrified it. In the language of those who heard him on this occasion, 'he made their blood run cold, and their hair to rise on end.' " It will not be difficult for any one who ever heard this most extraordinary man, to believe the whole account of this transaction which is given by his surviving hearers ; and from their ac- count, the court-house of Hanover County must have exhibited, on this occasion, a scene as pic- turesque as has ever been witnessed in real life. They say that the people, whose countenance had fallen as he arose, had heard but a very few sentences before they began to look up ; then to look at each other with surprise, as if doubting the evidence of their own senses ; then, at- tracted by some strong gesture, struck by some majestic attitude, fascinated by the spell of his eye, the charm of his emphasis, and the varied and commanding expression of his countenance, they could look away no more. In less than twenty minutes they might be seen in every part of the house, on every bench, in every window, stooping forward from their stands, in death- like silence ; their features fixed in amazement and awe ; aU their senses listening and riveted upon the speaker, as if to catch the last strain of some heavenly visitant. The mockery of the clergy was soon turned into alarm ; their triumph into confusion and despair ; and at one burst of his rapid and overwhelming invective, they fied from the bench in precipitation and terror. As for the father, such was his surprise, such his amazement, such his rapture, that, forgetting where he was, and the character which he was filling, tears of ecstasy streamed down his cheeks, without the power or inclination to repress them. The jury seem to have been completely be- wildered ; for, thoughtless even of the admitted right of the plaintiff, they had scarcely left the bar when they returned with a verdict of one penny damages. A motion was made for a new trial ; but the court, too, had now lost the equipoise of their judgment, and overruled ihe motion by a unanimous vote. The verdict and judgment overruling the motion, were followed by re- doubled acclamations from within and without the house. The people, who had with difficulty kept their hands off their champion, from the moment of closing his harangue, no sooner saw the fate of the cause finally sealed, than they seized him at the bar, and in spite of his own ex- ertions, and the continued cry of ' order ' from the sheriffs and the court, they bore him out of * The points in this controversy are lucidly laid dowa in Wirt's Life of Henry. 10 PATRICK HENRY. the court-lioiise, and raising him on their shoulders, carried him about the yard, in a kind' of electioneering triumph." His success in the "parson's cause" introduced him at once to an extensive practice; but he never could confine himself to the arduous studies necessary for a thorough knowledge of the law: the consequence was, on questions merely legal his inferiors in talents frequently em- barrassed him, and he was required to use all the resources of his master-mind to maintain the position he had reached. In 1765, as a member of the House of Burgesses, Mr. Henry in- troduced his resolutions against the Stamp Act, which proved the opening of the American Revolution in the colony of Virginia. It was in the midst of the debate upon those resolutions, that he " exclaimed, in a voice of thunder and with the look of a god, ' Osssar had his Brutus — Charles the First his Cromwell — and George the Third — (' Treason ! ' cried the Speaker : ' treason I treason ! ' echoed from every part of the house. Henry faltered not for an instant, but rising to a loftier attitude, and fixing on the Speaker an eye of the most determined fire, finished his sentence with the firmest emphasis) — mm/ profit hy their example. If this be treason, make the most of it."* After passing several years successfully upon the legislative floor, Mr. Henry returned to the practice of his profession. On the 4th of September, 1774, the first Congress met in Carpenter's Hall, at Philadelphia. This assembly was composed of the most eminent men of the several colonies, on the wisdom of whose councils was staked the liberties of the colonists and their posterity. The first meeting is described as " awfuUy solemn. The object which had called them together was of incal- culable magnitude.'' After the organization, in the midst of a deep and death-like sUenoe, every member reluctant to open a business so fearfully momentous, "Mr. Henry rose slowly, as if borne down by the weight of the subject, and, after faltering, according to his habit, through a most impressive exordium, he launched gradually into a recital of the colonial wrongs. Rising, as he advanced, with the grandeur of his subject, and glowing at length with all the majesty and expectation of the occasion, his speech seemed more than that of mortal man. There was no rant, no rhapsody, no labor of Hhe understanding, no straining of the voice, no confusion of the utterance. His countenance was erect, his eye steady, his action noble, his emmoiation cleai and firm, his mind poised on its centre, his views of his subject comprehensive and great, and his imagination corruscating with a magnificence and a variety which struck even that assembly with amazement and awe. He sat down amid murmurs of astonishment and applause ; and as he had been before proclaimed the greatest orator of Virginia, he was now, on every hand, admitted to be the first orator of America.'' No report of this speech has been preserved. That Congress adjourned in October, and Mr. Henry returned to his home. On the 20th of March following (1775), the Virginia Convention, which had met the previous year at WUliams- burgh, then the capital of the State, convened at Richmond. Of this body Mr. Henry was a member. Although the colonies were then laboring under severe grievances, and at the same time were insisting with great firmness upon their constitutional rights, yet they gave the most explicit and solemn pledge of their faith and true allegiance to His Majesty King dfeorge the Third, avowed to support him with their lives and fortunes, and were ardent in their wishes for a return of that friendly intercourse from which the colonies had derived so much benefit. These were the sentiments held by those eminent statesmen and patriots on the opening of that convention ; but with Mr. Henry it was different. In his judgment, all hopes of a reconciliation were gone. Firm in this opinion, he introduced his celebrated resolutions advocating prepara- tion for a military defence of the colony. Those resolutions he sustained in a powerful speech, and they were adopted ; after which a committee, of which Mr. Henry and George Washington were members, was appointed to prepare and report a plan to carry into effect the meaning of the resolutions. After the report was made and the plan adopted, the convention adjourned. On the 20th of April, 1775, in the dead of the night. Lord Dunmore sent one of his naval captains, with a body of marines, into the town of "Williamsburgh, carried off twenty barrels of • A very curious parallel to this scene occurred in the Legislature of Massachusetts, three years prior to this, on the Kcasion of the presentation of Otis's remonstrance against the goTernor and counoirs making or increasing establishments without the consent of the House A thrilling account of those proceedings is given in Tudor's Life of James Otis. PATRICK HENRY. 11 powder from the public magazine, and placed them on board the armed schooner Magdalen, lying at anchor in James River. The people of the town on learning of the affair early the next morning, became highly exasperated ; a considerable body of them taking up arms, determined to compel a restoration of the powder. The council convened, and addressed a letter to Lord Dunmore, asking for its return ; but it was not until the 2d day of May, when Mr. Henry, hav- ing convened the Independent company of Hanover, by request, addressed them, and being appointed their leader, marched against his lordship, and obtained "three hundred and thirty pounds," the estimated value of the powder. " Thus, the same man, whose genius had in the year 1765 given the first political impulse to the Revolution, had now the additional honor of heading the first military movement in Virginia, in support of the same cause." On the meet- ing of the Virginia convention in 1776, after the declaration of rights was published, and a plan of government established, Mr. Henry was elected governor of the colony. His career in this office is not marked by any extraordinary operations of his own. Lord Dunmore had evacuated the territory of the colony, and the military operations against the British Crown, which had been carried on during the previous year, were brought to a close. In 1777, and again in 1778, Mr. Henry was re-elected to the office of governor ; declining a third re-election in 1779, which had been tendered him by the Assembly. The first wife of Mr. Henry having died in the year 1775, he sold the farm on which he had been residing in Hanover county, and purchased several thousand acres of valuable land in the county of Henry ; a county which had been erected during his administration as governor ^ and which had taken its name from him, as did afterwards its neighboring county of Patrick. In 1777 he married Dorothea, the daughter of Mr. Nathaniel W. Dandridge, with whom he retired to his new estate ; and there resumed the practice of the law, confining himself mainly to the duties of counsellor and advocate, and leaving the technical duties to the care of his junior associates. Shortly after the termination of Mr. Henry's office as governor, he was elected to the State Assembly, in which body he remained until the close of his active life ; taking a prominent part in its proceedings, and distinguishing himself by his liberality of feeling and soundness of judg- ment, not less than by the superiority of his powers in debate. On the close of the Revolution, he proposed in the Assembly, that the loyalists who had left the State during the war, should be permitted to return. This proposition was resisted, but through the influence of Mr. Henry's "overwhelming eloquence," was finally adopted. In the same high-toned spil-it he supported and carried, although vigorously opposed, a proposal for removing the restraints upon British commerce. " Why should we fetter commerce ? " said he ; "a man in chains droops and bows to the earth ; his spirits are broken ; hut let him twist the fetters from his legs and he will stand upright. Fetter not Commerce, Sir ; let her be as free as air. She will range the whole creation, and return on the wings of the four winds of heaven to bless the land with plenty." In the year 1784, Mr. Henry introduced into the Assembly, a " bill for the encouragement of marriages with the Indians." The frontier settlements had been subject to the continual depredations of the Indians. Treaties were of no avail ; and in this bill, Mr. Henry suggested, as a means to prevent these troubles, intermarriages of the whites and Indians ; and held out pecuniary bounty, to be repeated at the birth of every child of such marriages ; exemption from taxes, and the free use of an educational institution, to be established at the expense of the State. This bill was rejected. In November of the same year, Mr. Henry was again elected Governor of Virginia ; in which office he remained until 1786, when he was compelled bj poverty to resign his office, and again return to the practice of the law. However, he did not remain long out of public life. In 1788 he was a member of the convention of Virginia, which adopted the new federal constitution. In this Assembly he opposed the adoption ; because, he contended, it consolidated the States into one government, thereby destroying their individual sovereignty. His speeches on this occasion surpassed all his former efforts ; and they operated 60 powerfully that but a small majority voted for the new constitution. Declining a re-election to the Assembly in 1791,. Mr. Henry retired from public life. !Four years after President "Washington offered him the important station of Secretary of State. This ae declined, preferring to remain in retirement. Again, in 1796, he was elected Governor of 12 PATEICK HENBY. the State ; this he also declined. In the year 1797 his health began to fail, and those energies which had enabled him to withstand the power of Great Britain, and urge onward the glorious Re- volution, existed no longer in their original force. The uncertainty of the political issues at this period bore sorely and heavily upon Mr. Henry's sinking spirits. The clash of opposing parties agonized his mind. He was alarmed at the liideous scenes of the revolution then enacting in France, and apprehensive that these scenes were about being enacted over again in his own country. "In a mind thus prepared," says his biographer, "the strong and animated resolutions of the Virginia Assembly in 1798, in relation to the alien and sedition laws, conjured up the most frightful visions of civil war, disunion, blood and anarchy ; and under the impulse of these phantoms, to make what he considered a virtuous effort for his country, he presented himself in Charlotte county, as a candidate for the House of Delegates, at the spring election of 1799." On the day of the election, before the poUs were opened, he addressed the people of the county to the following effect: "He told them that the late proceedings of the Virginia Assembly had filled him with apprehension and alarm; that they had planted thorns upon his pillow ; that they had drawn him from that happy retirement which it had pleased a bountiful Providence to bestow, and in which he had hoped to pass, in quiet, the remainder of his days ; that the State had quitted the sphere in which she had been placed by the constitution ; and in daring to pro- nounce upon the validity of federal laws, had gone out of her jurisdiction in a manner not war- ranted by any authority, and in the highest degree alarming to every considerate man ; that such opposition, on the part of Virginia, to the acts of the general govei-nment, must beget their enforcement by military power ; that this would probably produce civil war ; civil war, foreign alliances ; and that foreign alliances must necessarily end in subjugation to the powers called in. He conjured the people to pause and consider well, befox-e they rushed into such a desperate condition, from which there could be no retreat. He painted to their imaginations, Washington, at the head of a numerous and well-appointed army, inflicting upon them military execution : ' and where (he asked) are our resources to meet such a conflict ? Where is the citizen of America who will dare to lift his hand against the father of his country ? ' A drunken man in the crowd threw up Ids arm, and exclaimed that 'he dared to do it.' 'Fo,' answered Mr. Henry, rising aloft in all his majesty : '■you da/re not do it : in such a pa/rrieidal attempt, the steetwould drop from your nerveless a/rm ! ' Mr. Henry, proceeding in his address to the people, asked, ' whether the county of Charlotte would have any authority to dispute an obedience to the laws of Vir ginia; and he pronounced Virginia to be to the Union, what the county of Charlotte was to her. " Having denied the right of a State to decide upon the constitutionality of federal laws, he added, that perhaps it might be necessary to say something of the merits of the laws in question. His private opinion was, that they were ' good and proper.' But, whatever might be their merits, it belonged to the people, who held the reins over the head of Congress, and to them alone, to say whether they were acceptable or otherwise, to Virginians ; and that this must be done by way of petition. Thai Congress were as much our representatives as the Assembly, and had as good a right to our confidence. He had seen, with regret, the unlimited power over the purse and sword consigned to the general government ; but that he had been overruled, and it was now necessary to submit to the constitutional exercise of that power. 'If,' said he, '1 am asked what is to be done, when a people feel themselves intolerably oppressed, my answer i? ready : Overturn the government. But do not, I beseech you, carry niatters to this length, with- out provocation. Wait at least until some infringement is made upon your rights, and whicl cannot otherwise be redressed ; for if ever yon recur to another change, you may bid adieu fw ever to representative government. You can never exchange the present government but for a monarchy. If the administration have done wrong, let us all go wrong together rather than split into factions, which must destroy that union upon which our existence hangs. Let us pre- serve our strength for the French, the English, the Germans, or whoever else shall dare to in- vade our territory, and not exhaust it in civil commotions and intestine wars.' He concluded, by declaring his design to exert himself in the endeavor to allay the heart-burnings and jeal- ousies which had been fomented, in the State legislature; and he fervently prayed, if he was THE FEDEEAL CONSTITUTION. 18 deemed uQworthy to effect it, that it might be reserved to some other and abler hand, to exteiu] this blessing over the community." * This was the last effort of Mr. Henry's eloquence. The polls were opened after he had concluded this speech, and he was elected : but ha never took his seat. His health had been declining gra- dually for two years, when, on the sixth day of June, 1799, he died, full of honors — as a states^ man, orator and patriot, unsurpassed and uneclipsed. THE FEDERAL GONSTITUTION.t The Preamble and the two first sections of the first article of the Constitution being under consideration, Mr. Henry thus addressed the convention :| Mb. Chairman : The public mind, as well as my own, is extremely uneasy at the proi^^sed change of government. Give me leave to form one of the number of those, who wish to be thoroiighly acquainted with the reasons of this perilous and uneasy situation, and why 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 enjoy, to * Experience had taught Mr. Henry that in opposing tho adoption of the constitution, he had mistaken the source of public danger ; that the power of the states was yet too great, in times of discord and war, for the power of the Union. The constitution, moreover, was the law of the land, and as such, he had sworn to obey it. He had seen it administered conscientiously, and for the good of the whole ; he had, since its adoption, never leagued himself with the factions which embarrassed its operations. With parties, as such, he had no connection, and JQ this crisis he could come forward with clean hands to its support. — -Admimstrations of WasMm^Um and Adams ; TueJcer's LifQ of Jeffenon. t So general was the conviction that public welfare re- quired a government of more extensive powers than those vested in the general government by the articles of confed- eration, that in May, 178T, a convention composed of dele- gates from all the States in the Union, with the exception of Khode Island, assembled at Philadelphia, to take the subject under consideration. This convention continued its sessions with closed doors until the seventeenth of the following September, when the Federal Constitution was promulgated. The convention resolved, "That the constitution be laid be- fore the United States, in Congress assembled, and that it is the opinion of this convention that it should afterwards be submitted to a convention of delegates, chosen in each State by the people thereof, for their assent and ratification ; " and In conformity witli this recommendation, Congress, on the twenty-eighth of the same month, passed a resolution di- recting that the constitution should be submitted to conven- tions, to be assembled in the several States of the Union. The conventions subsequently assembled, and the expediency 3f adopting the constitution was ably and eloquently dis- sussed. \ This speech was -Jelivered in the Virginia convention, >n tho fourth of June, 178S. the present delusive appearance of things. Be- fore the meeting of the late Federal convention at Philadelphia, a general peace, and an univer- sal tranquillity prevailed in this country, and the minds of our citizens were at perfect re- pose; but since that period, they are excee'l- ingly uneasy and disquieted. When I wished for an appointment to this convention, my mind was extremely agitated for the situation of pub- lic affairs. I conceive the republic to be in ex- treme 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 government — a propo- sal that goes to the utter annihilation of the most solemn engagements of the States — a pro- posal of establishing nine States into a confede- racy, 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, require 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, confede- rated together. Yet here is a proposal to sever that confederacy. Is it possible that we shall abandon all om- treaties and national engage- ments? And for what? I expected to have heard the reasons of an event so unexpected to my mind, and many otliers. Was our civil polity, or public justice, endangered or sapped ? Was the real existence of the country threat- ened, or was this preceded by a mournful pro- gression of events? This proposal of altering our federal government is of a most alarming nature : make the best of this new government — say it is composed of any thing but inspira- tion — you ought to be extremely cautious, watchful, jealous of your liberty; for, instead of securing your rights, you may lose thenLfoi ever. If a wrong step be now made, the re- public may be lost for ever. If this new govern- ment 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, made now, will plunge us into misery, and our repuMic 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 couvon- u PATRICK HENET. Hon, and tlie reasons that actuated its members in proposing an entire alteration of government — ^and to demonstrate the dangers that awaited us. If they were of such awful magnitude as to warrant a proposal so extremely perUons 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 forming a great consolidated government, instead of a confede- ration. 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 gentle- men ; but, sir, give me leave to demand, what right had they to say, " We, the People ? " My political curiosity, exclusive of my anxious so- licitude for the public welfare, leads me to ask, who authorized them to speak the language of, "We, the People," instead of We, the States? States are the characteristics, and the soul of a confederation. If the States be not the agents of this compact, it must be one great consoli- dated national 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 confi- dence in them; a confidence which was well placed ; and I am sure, sir, I would give up any thing to them ; I would cheei'fully confide in them as my representatives. But, sir, on this great occasion, I would demand 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, teUs me to ask this reason, and sure I am, were he here, he would give us that reason : but there are other gentle- men here, who can give us this information. The people gave them no power to use their name. That they exceeded their power is per- ^'ectly clear. It is not mere curiosity that actu- ates me ; I wish to hear the real, actual, exist- ing danger, which should lead us to take those steps so dangerous in my conception. Disor- ders have arisen in other parts of America, but here, sir, no dangers, no insurrection or tumult, has happened ; every thing has been calm and tranquil. But notwithstanding this, we are wandering on the great ocean of human affairs. I see no landmark to guide us. We are run- ning we know not whither. Difference in opinion has gone to a degree of inflammatory resentment, in different parts of the country, which has been occasioned by this perilous in- novation. The federal convention ought to .have-amended the old system ; for this purpose they were solely delegated: the object of their mission extended to no other consideration. You must therefore forgive the solicitation of oae unworthy member, to know what danger could have arisen under the present confedera- tion, and what are the causes of this proposal to change our government. This inquiry was answered by an eloquent and powerful speech from Mr. Randolph ; and the debate passed into other hands until the next day, when Mr. Henry continued : Me. Chaieman: I am much obliged to the very worthy gentleman* for his encomium. I wish I were possessed of talents, or possessed of any thing, that might enable me to elucidate this great subject, t am not free from suspi- cion : I am apt to entertain doubts : I rose yes- terday to ask a question, which arose in my own mind. When I asked that question, I thought the meaning of my interrogation was obvious : the fate of this question and of Amer- ica, 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 whole 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 sys- tem 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 sov- ereignty? It is not a democracy, wherein the people retain all their rights securely. Had these principles been adhei-ed to, we should not have been brought to this alarming transi- tion, from a confederacy to a consolidated gov- ernment. 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 revolution as radical as that which separated us from Great Britain. It is as radical, if in this transi- tion, our rights and privileges are endangered, and the sovereignty of the States relmquished. And cannot we plainly see that this is actually * General Lee, of Westmoreland, speating in reference to Mr. Henry's opening speech, had remarked to the conven tion, "I feel every power of my n.ind moved by the lau- guage of the honorable gentleman yesterday. The eclat and brilliancy which have distinguished that gentleman, the honors witli which he haf been dignified, and the brilliant talents which he has so ofte^ displayed, have attracted mv respect and attention. On so important an occasion, and be- fore so respectable a body, I expected a new display of his. powers of oratory ; but, instead of proceeding to investigate the merits of the new plan of government, the woHlvy cha r acter Informs us of horrora which he felt, of appreheiisirm* in ills mind, which made him tremblingly fecMrful of the fat& of the conymowwealiJi. Mr. Chairman, was it proper to appeal to the fear of this House ? The question before us belongs to the judgmmi of. this House. I trust he is come tojudge^ and not to alarm.'''' THE FEDERAL CONSTITUTION. IS the ease? The rights of conscience, trial hy 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 relinquishment of rights worthy of free- men? Is it worthy of that manly fortitude that ought to characterize republicans? It is said eight States have adopted this plan. I de- clare that if twelve States and a half had adopt- ed 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 infor- mation, which I confess are not extensive, go into the discussion of this system more minute- ly. Is it necessary for your liberty, that you should abandon those great rights by the adop- tio'n of this system? Is the relinquishment of the trial by jury, and the liberty of the press, necessary for your liberty ? Will the abandon- ment 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 every thing else. But I am fearful I have lived long enough to become an old-fashioned fellow. Perhaps an invincible attachment to the dearest rights of man, may, in these refined, enlightened days, be deemed old-fashioned : if so, I am contented 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 counterpart in the breast of every true American.v But suspicions have gone forth — suspicions of my integrity. It has been publicly reported that my professions are not real. Twenty-three years ago was I sup- posed a traitor to my country : I was then said to be a bane of sedition, because I supported the rights of my country : I may be thought suspicious, when I say our privileges and rights are in danger : but, sir, a number of the people of this country are weak enough to think these things are too true. I am happy to find that the gentlemen on the other side, declare they are groundless : but, sir, suspicion is a virtue, as long as its object is the preservation of the public good, and as long as it stays within pro- per bounds : should it fall on me, I am content- ed : conscious rectitude is a powerful consola- tion : I trust there are many who think my professions for the public good to be real. Let your suspicion look to both sides: there are many on the other side, who, possibly, may have been persuaded of the necessity of these measures, which I conceive to be dangerous to your liberty. Guard with jealous attention th» public liberty. Suspect every one who ap- proaches that jewel. Unfortunately, nothing will preserve it, but downright force. "When- ever you give up that force, you are inevitably ruined. I am answered by gentlemen, that ' though I may speak of terrors, yet the fact is, that we are surrounded by none of the dangers I apprehend. I conceive this new government to be one of those dangers : it has produced those horrors, which distress many of our best citizens. "We are come hither to preserve the poor commonwealth of Virginia, if it can be possibly done : something must be done to pre- serve your liberty and mine. The confedera- tion, this same despised government, merits, in my opinion, the highest encomium : it carried us through a long and dangerous war : it ren- dered 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 reckon- ing things : revolutions like this have happened in almost every country in Europe : similar ex- amples are to be found in ancient Greece and ancient Kome : instances of the people losing their liberty by their own carelessness and the ambition of a few, "We are cautioned by the honorable gentleman who presides, against fac- tion and turbulence. I acknowledge that licen- tiousness is dangerous, and that it ought to be provided against : I acknowledge also the new form of government may efl'ectually prevent it : yet, there is another thing it will as effect- ually do : it will oppress and ruin the people. There are sufiioient guards placed against sedi- tion and licentiousness: for when power is given to this government to suppress these, or, for any other purpose, the language it assumes is clear, express, and unequivocal; but when this constitution speaks of privileges, there is an ambiguity, sir, a fatal ambiguity — an ambi-.- guity which is very astonishing. In the clause under consideration, there is the strangest lan- guage that I can conceive. I mean, when'Tt- says, that there shall not be more representa- tives than one for every 30,000. Now, sir, how easy is it to evade this privilege ? " The num- ber shall not exceed one for every 30,000." This may be satisfied by one representative from each State. Let our numbers be ever so great, this immense continent may, by this artful expression, be reduced to have but thir- teen representatives. I confess this construc- tion is not natural ; but the ambiguity of the expression lays a good ground for a quarrel, "Why was it not clearly and unequivocally ex- pressed, that they should be entitled to have one for every 30,000? This would have obvi- ated all disputes; and was this difficult to be done ? "What is the inference ? "When popula- tion increases, and a State shall send represent- atives in this proportion. Congress may remand them, because the right of having one for every 80,000 is not clearly expressed. This possibility of reducing the number to one for each State, approximates to probability by that other ex 16 PATEICK HENRY. pression, " but each State shall at least have one representative." Now is it not clear that, from the first expression, the number might be reduced so much, that some States should have no representative at all, were it not for the in- sertion of this last expression? And as this is the only restriction upon them, we may fairly conclude that they may restrain the number to one from each State. Perhaps the same hor- rors may hang over my mind again. I shall be told I am continually afraid : but, sir, I have strong cause of apprehension. In some parts of the plan before you, the great rights of free- men are endangered, in other parts absolutely taken away. How does your trial by jury stand? In civil cases gone— not suflSciently se- cured 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 in their hands. I am not well versed in history, but I wUl sub- mit to your recollection, whether liberty has been destroyed most often by the licentionsness of the people, or by the tyranny of rulers. I imagine, sir, you wOl 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 then- liberty to be wrested from them, have groaned under intolerable despotism ! Most of the human race are now in this deplorable con- dition. And those nations who have gone in search of grandeur, power and splendor, have also fallen a sacrifice, and been the victims of their own folly. "While they acquired those, visionary blessings, they lost their freedom. My great objection to this government is, that it does not leave ns the means of defending our rights, or of waging war against tyrants. It is urged by some gentlemen, that this new plan will bring us an acquisition of strength; an army, and the militia of the States. This is an idea extremely ridiculous : gentlemen cannot be in earnest. This acquisition will trample on your fallen liberty. Let my beloved Americans guard against that fatal lethargy that has per- vaded the universe. Have we the means of re- sisting disciplined armies, when om* only defence, the militia, is put into the hands of Congress? The honorable gentleman said, that great danger would ensue, if the convention rose without adopting this system. I ask, where is that danger? I see none. Other gentlemen have told us, within these walls, that the Union is gone— or, that the Union will be gone. Is not this trifling with the judgment of their fellow-citizens ? Till they tell us the ground of their fears, I wOl consider them aS imaginary. I rose to make inquiry where those dangers were ; they could make no answer : I believe I never shall have that answer. Is there a dis- position in the people of this country to revolt against the dominion of laws? Has there been a single tumult in Virginia? Have not the people of Virginia, when laboring under the severest pressure of accumulated distresses, manifested the most cordial acquiescence in the execution of the laws? What could be more awful, than their unanimous acquiescence under general distresses ? Is there any revolution in Virginia? "Whither is the spirit of America gone ? "Whither is the genius of America fled ? It was but yesterday, when our enemies marched in triumph through our country. Yet the peo- ple of this country conld not be appalled by their pompous armaments : they stopped their career, and victoriously captured them : where is the peril now, compared to that ? Some minds are agitated by foreign alarms. Happily for us, there is no real danger from Europe ; that country is engaged in more ardu- ous business ; from that quarter, there is no cause of fear : you may sleep in safety for ever for them. Where is the danger ? If, sir, there was any, I would recur to the American spirit to defend us — that spirit which has enabled us to surmount the greatest difficulties : to that illustrious spirit I address my most fervent prayer, to prevent our adopting a system de- structive to liberty. Let not gentlemen be told, that it is not safe to reject this government. Wherefore is it not safe ? We are told there are dangers; bnt those dangers are ideal; they cannot be demonstrated. To encourage us to adopt it, they tell us that there is a plain, easy way of getting amendments. When I come to • contemplate this part, I suppose that I am mad, or, that my countrymen are so. The way to amendment is, in my conception, shut. Let us consider this plain, easy way. " The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution ; or, on the application of the legis- latures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all in- tents and purposes, as part of this constitution, 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. Provided, that no amendment which may be made prior to the year 1808, shall, in any man- ner, affect the first and fourth clauses in the ninth section of the first article ; and that no State, without its consent, shall be deprived oi its equal suffrage iu the Senate." Hence it ap- pears, that three-fourths of the States must ultimately agree to any amendments that may be necessary. Let us consider the consequences of this. However uncharitable it may appear, yet I must express my opinion, that the most unworthy characters may get into power and prevent the introduction of amendments. Let us suppose, (for the case is supposable, possible and probable,) that yon happen to deal these powers to unworthy hands ; will they relinquish powers already in their possession, or agree to amendments ? Two-thirds of the Congress, or of the State legislatures, are necessary even to propose amendments. If one-third of these be unworthy men, they may prevent the applica- THE FEDERAL CONSTITUTION. 11 tion for amendments ; but a destructive and mischievous feature is, that three-fourths of the State legislatures, or of the State conventions, must concur in the amendments when proposed. In such numerous bodies, there must necessarily be some designing, bad men. To suppose that so large a number as tliree-fourtbs of the States will concur, is to suppose that they will possess genius, intelligence and integrity, approaching to miraculous. It would, indeed, be miraculous, that they should concur in the same amend- ments, or, even in such as would bear some likeness to one another. For four of the small- est States, that do not collectively contain one- tenth part of the population of the United States, may obstruct the most salutary and necessary amendments. Nay, in these four states, six-tenths of the people may reject these amendments; and suppose, that amendments shall be opposed to amendments, (which is highly probable,) is it possible, that three- fourths can ever agree to the same amend- ments? A bare majority in these four small States, may hinder the adoption of amendments; so that we may fairly and justly conclude, that I one-twentieth part of the American people may prevent the removal of the most grievous ' inconveniences and oppression, by refusing to accede to amendments. A trifling minority may reject the most salutary amendments. Is this an easy mode of securing the public liberty? It is, sir, a most fearful situation, when the most contemptible minority can prevent the alteration of the most oppressive government; for it may, in many respects, prove to be such. Is this the spirit of republi- canism ? What, sir, is the genius of democracy ? Let me read that clause of the Bill of Eights of Virginia which relates to this : 3d« clause ; " That government is, or ought to be, instituted for the common benefit, protection and security of the people, nation, or community. Of all the various modes and forms of government, that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of ■ mal-administralion, and that whenever any go- vernment shall be found inadequate, or contrary to these purposes, a majority of the community hath an indubitable, unalienable and indefeasi-- ble right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal." This, sir, is the language of democracy — that a majority of the community have a right to alter their government when found to be oppressive: but how different is the genius of your new constitution from this ! How different from the sentiments of freemen, that a contemptible minority can prevent the good of the majority! If then, gentlemen, standing on this ground, are come to that point, that they are willing to bind themselves and their posterity to be oppressed, I am amazed and inexpressibly astonished. If this be the opinion of the majority, I must submit; but to me, sir, it appears perilous and destructive; I 2 cannot help thinking so : perhaps it may be the result of my age ; these may be feelings natural - to a man of my years, when the American spirit has left him, and his mental powers, like the members of the body, are decayed. If, sir, amendments are left to the twentieth, or to the tenth part of the people of America, your liberty ' is gone for ever. We have heard that there is a great deal of bribery practised in the House of Commons in England ; and that many of the members raise themselves to preferments, by selling the rights of the people. But, sir, the tenth part of that body cannot continue oppres- sions on the rest of the people. English liberty is, in this case, on a firmer foundation than American liberty. It will be easily contrived to procure the opposition of one-tenth of the people to any alteration, however judicious. The honorable gentleman who presides, told us, that to prevent abuses in our government, we will assemble in convention, recall our dele- gated powers, and punish our servants for abusing the trust reposed in them. Oh, sir, we should have fine times indeed, if to punish tyrants, it were only sufficient to assemble the people. Your arms, wherewith you could de- fend yourselves, are gone;' and you have no longer an aristocratical, no longer a democrat- ical spirit. Did you ever read of any revolution in any nation, brought about by the punish- ment of those in power, inflicted by those who had no power at all ? You read of a riot act in a country which is called one of the freest in the world, where a few neighbors cannot as- semble without the risk of being shot by a hired soldiery, the engines of despotism. We may see such an act in America. A standing army we shall have also, to execute the execra- ble commands of tyranny : and how are you to punish them ? WiU you order them to be pun- ished? Who shall obey these orders? Will your mace-bearer be a match for a disciplined regiment? In what situation are we to be ? The clause before you gives a power of direct taxation, unbounded and unlimited; exclusive power of legislation in all cases whatsoever, for ten miles square, and over aU places purchased for the erection of forts, magazines, arsenals, dock-yards, &c. What resistance could be made? The attempt would be madness. You wiU find all the strength of this country in the hands of your enemies : those garrisons wUl naturally be the strongest places in the country. Your militia is given up to Congress also, in another part of this plan : they will therefore act as they think proper : all power will be in their own possession: you cannot force them to receive their punishment. Of what service would militia be to you, when most probably you will not have a single musket in the state ? For, as arms are to be provided by Congress, they may, or may not, furnish them. Let us here call your attention to that part which gives the Congress power " To provide for organizing, arming and disciplining the militia, and for governing such parts of them as 18 PATEIOK HENRY. may be employed in the service of the TJnited States, reserving to the states respectively the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by Congress." By this, sir, you see that their control over our last and best defence is unlimited. If they neglect or refuse to dis- cipline or arm our militia, they 'will be useless : the states can do neither, this power being ex- clusively given to Congress. The power of appointing officers over men not disciplined or armed, is ridiculous: so that this pretended little remnant of power, left to the States, may, at the pleasure of Congress, be rendered nuga- tory. Our situation will be deplorable indeed : nor can we ever expect to get this government amended ; since I have already shown, that a very small minority may prevent it, and that small minority interested in the continuance of the oppression. Will the oppressor let go the oppressed ? "Was there ever an instance ? Can the annals of mankind exhibit one single exam- ple, where rulers, overcharged with power, willingly let go the oppressed, though solicited and requested most earnestly ? The application for amendments will therefore be fruitless. Sometimes the oppressed have got loose by one of those bloody struggles that desolate a country. But a willing relinquishment of power is one of those things which human nature never was, nor ever will be, capable of The honorable gentleman's observations, re- specting the people's right of being the agents in the formation of this government, are not accurate, in ny humble conception. The dis- tinction between a national government and a confederacy, is not sufficiently discerned. Had the delegates, who were sent to Philadelphia, a power to propose a consolidated government instead of a confederacy? Were they not de- - puted by States, and not by the people ? The assent of the people, in their collective capacity, is not necessary to the formation of a federal government. The people have no right to enter into leagues, alliances, or confederations : they are not the proper agents for this purpose: States and sovereign powers are the only proper agents for this kind of government. Show me an instance where the people have exercised this business : has it not always gone through the legislatures? I refer you .to the treaties with France, Holland, and other nations : how were they made ? Were they not made by the ' States? Are the people, therefore, in their ag- \ gregate capacity, the proper persons to form a "confederacy ? This, therefore, ought to depend on the consent of the legislatures; the people have never sent delegates to make any proposi- tion of changing the government. Yet I must say, at the same time, that it was made on grounds the most pure, and perhaps I might have been brought to consent to it, so far as to the change of government; but there is one thing ia it, which I never would acquiesce in. I mean, the changing it into a consolidated gov- ernment, which is so abhorrent to my mindl The honorable gentleman then went on tc the figure we make with foreign nations ; the contemptible one we make in France and Hol- land, which, according to the substance of my notes, he attributes to the present feeble gov- ernment. An opinion has gone forth, we find, that we are a contemptible people: the time has been when we were thought otherwise Under this same despised government, we com manded the respect of all Europe : wherefore are we now reckoned otherwise? The Ameri- can spirit has fled from hence : it has gone to regions, where it has never been expected : it has gone to the people of France, in search ol a splendid government — a strong, energetic gov- ernment. Shall we imitate the example of those nations, who have gone from a simple to a splendid government? Are those nations more worthy of our imitation? What can make an adequate satisfaction to them for the loss they have suffered in attaining such a government — for the loss of their liberty ? If we admit this consolidated government, it will be because we like a great and splendid one. Some way or other we must be a great and mighty empire ; we must have an army, and a navy, and a num- ber of things. When the American spirit was in its youth, the language of America was dif- ferent: liberty, sir, was then the primary object. We are descended from a people whose govern- ment was founded on liberty : our glorious fore- fathers, of Great Britain, made liberty the foun- dation of every thing. That country is become a great, mighty and splendid nation; not be- cause their government is strong and energetic: but, sir, because liberty is its direct end and foundation. We drew the spirit of liberty from our British ancestors ; by that spirit we has e triumphed over every difficulty. But now, sir, the American spirit, assisted by the ropes and chains of consolidation, is about to convert this country into a powerful and mighty empire. If you make the citizens of this country agree to become the subjects of one great consolidated empire of America, your government wQl not have sufficient energy to keep them together : such a government is incompatible with the ge- nius of republicanism. There will be no checks, no real balances, in this government. What can avail your specious, imaginary balances ; your rope-dancing, chain-rattling, ridiculous, ideal checks and contrivances? JBut, sir, wo are not feared by foreigners ; we do not make nations tremble. Would this coastitute happi- ness, or secure liberty? I trust, sir, our politi- cal hemisphere will ever direct its operations to the security of those objects. Consider our situation, sir; go to the poor man, ask him what he does ; he will inform you that he en- joys the fruits of his labor, under his own fig- tree, with his wife and children around him, in peace and security. Go to every other member of the society, you will find the same tranquil ease and content ; you will find no alarms or disturbances ! Why then tell us of dangers, to terrify us into the adoption of this new form ol THE FEDEEAL CONSTITCTION. It government? And yet who knows the dangers that this new system may produce ? They are out of the sight of the common people : they cannot foresee latent consequences. I dread the operation of it on the middling and lower classes of people : it is for them I fear the adoption of this system. I fear I tire the patience of the (lommittee, but I beg to be indulged with a few more observations. When I thus profess myself an advocate for the liberty of the people, I shall be told, I am a designing man, that I am to be a great man, that I am to be a demagogue ; and many similar illiberal insinuations will be thrown out ; but, sir, conscious rectitude outweighs these things with me. I see great jeopardy in this new gov- ernment : I see none from our present one. I hope some gentleman or other will bring forth, in full array, those dangtis, if there be any, that we may see and touch them ; I have said that I thought this a consolidated government : I will now prove it. Will the great rights of the people be secured by this government? Suppose it should prove oppressive, how can it _-be altered? Our bill of rights declares, "That a majority of the community hath an indubita- ble, unalienable and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal." I have just proved, that one-tenth, or less, of the people of America — a most despicable minority, may prevent this reform, or alteration. Sup- pose the people of Virginia should wish to alter cheir government, can a majority of them do it ? No, because they are connected with other men ; oi , in other words, consolidated with other States. When the people of Virginia, at a future day, shall wish to alter their govern- ment, though they should be unanimous in this desire, yet they may be prevented therefrom by ft despicable minority at the extremity of the United States. The founders of your own con- stitution made your government changeable: but the power of changing it is gone from you ! Whither is it gone ? It is placed in the same hands that hold the rights of twelve other States ; and those, who hold those rights, have right and power to keep them. It is not the particular government of Virginia; one of the leading features of that government is, that a majority can alter it, when necessary for the public good. This government is not a Virgin- ian, but an American government. Is it not therefore a consolidated government? The sixth clause of your bill of rights tells you, " That elections of members to serve as repre- sentatives of the people in Assembly, ought to be free, and that all men, having sufficient evi- dence of permanent, common interest with, and attachment to the community, have the right of suffrage, and cannot be taxed or deprived of their property, for public uses, without their own consent, or that of their representa- tives so elected, nor bound by any law to which they have not in like manner assented for the public good." But what does this constitution say ? The clause under consideration gives as unlimited and unbounded power of taxation. Suppose every delegate from Virginia opposes a law laying a tax, what will it avail ? They are opposed by a majority; eleven members can destroy their efforts: those feeble ten cannot prevent the passing the most oppressive tax- law. So that in direct opposition to the spirit and express language of your declaration of rights, you are taxed, not by your own consent, but by people who have no connection with you. The next clause of the bill of rights tells you, "That all power of suspending law, or the execution of laws, by any authority, with- out the consent of the representatives of the people, is injurious to their rights, and ought ■ not to be exercised." This tells us that there • can be no suspension of government, or laws, • without our own consent ; yet this constitution can counteract and suspend any of our laws, that contravene its oppressive operation ; for they have the power of direct taxation, which sus- pends our bill of rights ; and it is expressly pro- vided, that they can make all laws necessary for carrying their powers into execution ; and it is declared paramount to the laws and constitu- tions of the States. Consider how the only re- maining defence, we have left, is destroyed in this manner. Besides the expenses of main- taining the Senate and other House in as much splendor as they please, there is to be a great and mighty president, with very extensive pow- ers — the powers of a king. He is to be sup- ported in extravagant magnificence : so that the whole of our property may be taken by this American government, by laying what taxes they please, giving themselves what salaries they please, and suspending our laws at their pleasure. I might be thought too inquisitive, but I believe I should take up but very little of your time in enumerating the little power that is left to the government of Virginia ; for this power is reduced to little or nothing. Their garrisons, magazines, arsenals, and forts, which will be situated in the strongest places within the States — their ten miles square, with all the fine ornaments of human life, added to their, powers, and taken from the States, will reduce the power of the latter to nothing,. Tire 'voice of tradition, I trust, will inform posterity of our struggles forfreedom. If our descendants be wor- thy the name of Americans, they will preserve, and hand down to their latest posterity, the transactions of the present times ; and though, I confess, my exclamations are not worthy the hearing, they wOl see that I have done my ut- most to preserve their liberty : for I never will give up the power of direct taxation, but for a scourge. I am willing to give it conditionally ; that is, after non-compliance with requisitions : I will do more, sir, and what I hope will con- vince the most sceptical man, that I am a lover of the American Union ; that in case Virginia shall not make punctual payment, the control of our custom-houses, and the whole regulation iO PATRICK HENEY. of trade, shall be given to Congress ; and that Virginia shall depend on Congress even for passports, tiU Virginia shall have paid the last farthing, and furnished the last soldier. Nay, sir, there is another alternative to which I would consent : even that they should strike us out of the Union, and take away from us all federal privileges, till we comply with federal requisitions; but let it depend upon our own pleasure to pay our money in the most easy manner for our people. Were all the States, more terrible than the mother country, to join against us, I hope Virginia could defend her- self; but, sir, the dissolution of the Union is most abhorrent to my mind. The first thing I have at heart is American liberty ; the second thing is American union; and I hope the people of Virginia will endeavor to preserve that union. The increasing population of the Southern States, is far greater than that of New England; consequently, iu a short time, they will be far riiore numerous than the people of that coun- try. Consider this, and you wiU find this State more particularly interested to support Ameri- can liberty, and not bind our posterity by an improvident relinquishment of our rights. I would give the best security for a punctual compliance with requisitions; but I beseech gentlemen, at all hazards, not to grant this un- limited power of taxation. The honorable gentleman has told us that these powers given to Congress, are accompa- nied by a judiciary which will correct all. On examination, you will find this very judiciary oppressively constructed, your jury-trial de- stroyed, and the judges dependent on Congress. In this scheme of energetic government, the people will find two sets of tax-gatherers — the State and the federal sherifis. This, it seems to me, will produce such dreadful oppression, as the people cannot possibly bear. The federal sheriff may commit what oppression, make what dis- tresses, he pleases, and ruin you with impunity : for how are you to tie his hands ? Have you any sufficient, decided means of preventing him from sucking your blood by speculations, com- missions, and fees? Thus thousands of your people will be most shamefully robbed. Our State sheriffs, those unfeeliug bloodsuckers, have, under the watchful eye of our legislature, committed the most horrid and barbarous rav- ages on our people. It has required the most constant vigilance of the legislature to keep them from totally ruining the people. A re- peated succession of laws has been made, to suppress their iniquitous speculations and cruel extortions ; and as often has their nefarious in- genuity devised methods of evading the force of those laws: in the struggle, they have gene- rally triumphed over the legislature. It is a fact, that lands have sold for five shillings, which were worth one hundred pounds. If sheriffs, thus immediately under the eye of our State legislature and judiciary, have dared to commit these outrages, what would they not have done if their masters had been at Phila- delphia or New York? If they perpetrate the most unwarrantable outrage, on your persons or property, you cannot get redress on this side oi Philadelphia or New York : and how can you get it there ? If your domestic avocations could permit you to go thither, there you must appeal to judges sworn to support this constitution in opposition to that of any State, and who may also be inclined to favor their own officers. When these harpies are aided by excisemen, who may search, at any time, your houses and most secret recesses, will the people bear it? If you think so, you differ from me. Where I thought there was a possibility of such mis- chiefs, I would grant power with a niggardly hand; and here there is a strong probability that these oppressions shall actually happen. I may be told, that it is safe to err on that side ; becauo€ such regulations may be made by Con- gress, as ihall restrain these officers, and be- cause laws are made by our representatives, and judged by righteous judges ; but, sir, as these regulations may be made, so they may not; and many reasons there are to induce a belief, that they will not : I shall therefore be an infi- del on that point till the day of my death. This constitution is said to have beautiful features ; but when I come to examine these features, sir, they appear to me horribly fright- ful. Among other deformities, 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 imper- fectly constructed, that your dearest rights may be sacrificed by what may be a smalj minority : and a very small minority may continue for ever unchangeably this government, although hor- ridly defective. Where are your checks in this government ? Your strongholds wiU be in the hands of your enemies. It is on a supposition that your American governors shaU be honest, that all the good qualities of this government are founded; but its defective and imperfect construction, puts it in their power to perpetrate the worst of mischiefs, should they be bad men. And, sir, would not all the world, from the eastern to the western hemisphere, blame our distracted folly in resting our rights upon the contingency of our rulers being good or bad? Show me that age and country where the rights and liberties of the people were placed on the sole chance of their rulers being good men, without a consequent loss of liberty. I say that the loss of that dearest privilege has ever followed, with absolute certainty, every such mad attempt. If your American chief be a man of ambition and abihties, how easy will it be for him to render himself absolute ! The army is in his hands, and, if he be a man oi address, it will be attached to him ; and it will be the subject of long meditation with him to seize the first auspicious moment to accomplish his design. And, sir, will the American spirit solely relieve you when this happens ? I would rather infinitely, and I am sure most of this THE FEDERAL CONSTITUTION. 2) convention are of the same opinion, have a king, lords and commons, than a government so replete with such Insupportable 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 bead of his army, can prescribe the terms on which he shall reign master, so far that it will puzzle any American ever 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 baU, or do what Mr. Chief Justice will order him. If he be guilty, wiU not the recollection of Ms crimes teach him to make one bold push for the American throne ! WUl not the immense dif- ference between being master of every thing, 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 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? WUl not absolute despotism ensue ? [Here Mr. Henry strongly and pathetic- ally expatiated on the probability of the presi- dent's enslaving America, and the horrid con- sequences that must result.] What can be more defective than the clause concerning the elections? The control given to Congress, over the time, plaice and manner of holding elections, will totally destroy the end of suffrage. The elections may be held at one place, and the most inconvenient in the state ; or they may be at remote distances from those who have a right of sufirage : hence, nine out of ten must either not vote at all, or vote for strangers : for the most influential characters will he applied to, to know who are the most proper to be chosen. I repeat, that the control of Congress over the manner, &o. of electing, well warrants this idea. The natural conse- quence will be, that this democratic branch will possess none of the public confidence : the people will be prejudiced against representatives chosen in such an injudicious manner. The proceedings in the liorthern conclave wOl be hidden from the yeomanry of this country. We are told, that the yeas ar "■ nays shall be taken and entered on the jou ^als : this, sir, will avail nothing: it may be locked up in their chests, and concealed for ever from the people ; for they are not to publish what parts they think require secrecy; they may think, and will think, the whole requires it. Another beautiful feature of this constitu- tion, is the publication, from time to time, of the receipts and expenditures of the public money. This expression, from time to time, is very indefinite and indeterminate : it may ex- tend to a century. Grant that any of them are wicked, they may squander the public money so as to ruin you, and yet this expression will give you no redress. I say, they may ruin you ; for where, sir, is the responsibility ? The yeas and nays will show you nothing, unless they be fools as well as knaves; for, after having wickedly trampled on the rights of the people, they would act like fools indeed, were they to publish and divulge their iniquity, when they have it equally in their power to suppress and conceal it. Where is the respon- sibility — that leading principle in the British government? In that government, a punish- ment, certain and inevitable, is provided; but In this, there is no real, actual punishment for the grossest mal-administration. They may go without punishment, though they commit the most outrageous violation on our immunities. That paper may teU me they will be punished. I ask, by what law? They must make the law, for there is no existing law to do it. What — will they make a law to punish themselves? This, sir, is my great objection to the constitu- tion, that there is no true responsibility, and that the preservation of our liberty depends on the single chance of men being virtuous enough to make laws to punish themselves. In the country from which we are descended, they have real, and not imaginary responsibility; for there, mal-administration has cost their heads to some of the most saucy geniuses that ever were. The senate, by making treaties, may destroy your liberty and laws, for want of responsibility. Two-thirds of those that shall ^ happen to be present, can, with the president, make treaties, that shaU be the supreme law of the land: they may make the most ruinous treaties, and yet there is no punishment for them. Whoever shows me a punishment pro- vided for them, will oblige me. So, sir, not- withstanding there are eight pillars, they want another. Where will they make another? I trust, sir, the exclusion of the evils wherewith this system is replete, in its present form, will be made a condition precedent to its adoption, by this or any other state. The transition from a general, unqualified admission to offices, to a consolidation of government, seems easy; for, though the American States are dissimilar in their structure, this will assimilate them : this, sir, is itself a strong consolidating feature, and is not one of the least dangerous in that system. Nine States are sufficient to establish this gov- ernment over those nine. Imagine that nine have come into it. Virginia has certain scru- ples. Suppose she wUl consequently refuse to join with those States : may not they still con- tinue in friendship and union with her ? If she sends her annual requisitions in dollars, do you think their stomachs will be so squeamish as to refuse her dollars? Will they not accept her regiments ? They would intimidate you into an inconsiderate adoption, and frighten you with ideal evUs, and that the Union shall b» B2 PATRICK HENRY. dissolved. 'Tis a bugbear, sir : the fact is, sir, that the eight adopting States can hardly stand on their own legs. Public fame tells us, that the adopting States have already heart-burnings and" animosity, and repent their precipitate hurry : this, sir, may occasion exceeding great mischief. When I reflect on these, and many other circumstances, I must think those States wUl be found to be in confederacy with us. If we pay our quota of money annually, and fur- nish our ratable number of men, when neces- sary, I can see no danger from a rejection. The history of Switzerland clearly proves, that we might be in amicable alliance with those States, without adopting this constitution. Switzerland is a confederacy, consisting of dis- similar governments. This is an example, which proves that governments, of dissimilar struc- tures, may be confederated. That confederate republic has stood upwards of four hundred years ; and, although several of the individual republics are democratic, and the rest aristo- cratic, no evil has resulted from this dissimilar- ity, for they have braved all the power of France and Germany, during that long period. The Swiss spirit, sir, has kept them together ; they have encountered and overcome immense difficulties, with patience and fortitude. In the vicinity of powerful and ambitious monarohs, they have retained their independence, repub- lican simplicity and valor. [Here Mr. Henry drew a comparison between the people of that country and those of France, and made a quo- tation from Addison, illustrating the subject.] Look at the peasants of that country, and of France, and mark the difference. You will find the condition of the former far more desir- able and comfortable. STo matter whether a people be great, splendid and powerful, if they enjoy freedom. The Turkish Grand Seignior, along-side of our president, would put us to disgrace: but we should be abundantly con- soled for this disgrace, should our citizen be put in contrast with the Turkish slave. The most valuable end of government, is the liberty of the inhabitants. No possible advan- tages can compensate for the loss of this privi- lege. Show me the reason why the American Union is to be dissolved. Who are those eight adopting States ? Are they averse to give us a little time to consider, before we conclude? Would such a disposition render a junction with them eligible ; or, is it the genius of that kind of government, to precipitate a people hastily into measures of the utmost importance, and grant no indulgence 2 If it be, sir, is it for us to accede to such a government? We have a right to have time to consider — we shall there- fore insist upon it. Unless the government be amended, we can never accept it. The adopt- ing States wiU doubtless accept our money and our regiments; and what is to be the conse- quence, if we are disunited? I believe that it is yet doubtful, whether it is not proper to stand by awhile, and see the effect of its adop- tion in other States. In forming a government, the utmost care should be taken, to prevent its becoming oppressive ; and this government is of such an intricate and complicated nature, that no man on this earth can know its real operation. The other States have no reason to think, from the antecedent conduct of Virginia, that she has any intention of seceding from the Union, or of being less active to support the general welfare. Would they not, therefore, acquiesce in our taking time to deliberate — de- liberate whether the measure be not perilous, not only for us, but the adopting States. Per- mit me, sir, to say, that a great majority of the people, even in the adopting States, are averse to this government. I believe I would be right to say, that they have been egregiously misled. Pennsylvania has, perhaps, been tricked into it. If the other States, who have adopted it, have not been tricked, still they were too much hur- ried into its adoption. There were very re- spectable minorities inseveral of them; and, if reports be true, a clear majority of the people are averse to it. If we also accede, and it should prove grievous, the peace and prosperity of our country, which we aU love, will be de- stroyed. This government has not the affection of the people, at present. Should it be oppres- sive, their affection will be totally estranged from it — and, sir, you know, that a government without their affections can neither be durable nor happy. I speak as one poor individual' — but, when I speak, I speak the languageof thousands. But, sir, I mean not to breathe the spirit, nor utter the language of secession. I have trespassed so long on your patience, I am really concerned that I have something yet to say. The honorable member has said that we shall be properly represented : remem- ber, sir, that the number of our representatives is but ten, whereof six are a majority. Will those men be possessed of sufficient informa- tion? A particular knowledge of particular districts will not suf^oe. They must be well acquainted with agriculture, commerce, and a great variety of other matters throughout the continent ; they must know not only the actual state of nations in Europe and America, the situation of their farmers, cottagers and me- chanics, but also the relative situation and in- tercourse of those nations. Virginia is as large as England. Our proportion of representatives is but ten men. In England they have five hundred and thirty. The House of Commons in England, numerous as they are, we are told, is bribed, and have bartered away the rights of their constituents : what then shall become of us ? Will these few protect our rights? Will they be incorruptible? You say they will be better men than the English commoners. I say they will be infinitely worse men, because they are to be chosen blindfolded: their election (the term, as applied to their appointment, is inac- curate) will be an involuntary nomination, and not a choice. I have, I fear, fatigued the com- mittee, yet I have not said the one hundred thousandth part of what I have on my mind. THE FEDERAL CONSTITUTION. 23 and wish to impart. On this occasion, I con- ceived myself bouhd to attend strictly to the interests of the State ; and I thought her dear- est rights at stake : having lived so long — been so much honored — my efforts, though small, are due to my country. I have found my mind hurried on from subject to subject, on this very great occasion. We have aU been out of order, from the gentleman who opened to-day, to my- self. I did not come prepared to speak on so multifarious a subject, in so general a manner. I trust you will indulge me another time. Be- fore you abandon the present system, I hope you will consider not only its defects most ma- turely, but likewise those of that which you are to substitute for it. May you be fully apprised of the dangers of the latter, not by fatal expe- rience, but by some abler advocate than I. On the seventh of June, Mr. Henry again continued his remarks. Me. Ghaiemast : I have thought, and still think, that a full investigation of the actual sit- uation of America ought to precede any deci- sion on this great and important question. That government is no more than a choice among evils, is acknowledged by the most intelligent among mankind, and has been a standing maxim for ages. If it be demonstrated, that the adop- tion of the new plan is a little or a trifling evil, then, sir, I acknowledge that adoption ought to follow : but, sir, if this be a truth, that its adoption may entail misery on the free people of this country, I then insist, that rejection ought to follow. Gentlemen strongly urge that its adoption will be a mighty beneiit to us : but, sir, I am made of such incredulous materials, that assertions and declarations do not satisfy me. I must be convinced, sir. I shall retain my infidelity on that subject till I see our liber- ties secured in a manner perfectly satisfactory to my understanding. There are certain maxims, by which every wise and enlightened people will regulate their conduct. There are certain political maxims, which no ft-ee people ought ever to abandon : maxims, of which the observance is essential to the security of happiness. It is impiously irri- tating the avenging hand of Heaven, when a people, who are in the full enjoyment of free- dom, launch out into the wide ocean of human affau-s, and desert those maxims which alone can preserve liberty. Such maxims, humble as they are, are those only which can render a nation safe or formidable. Poor little humble republican maxims have attracted the admira- tion and engaged the attention of the virtu- ous and wise in all nations, and have stood the shook of ages. "We do not now admit the validity of maxims which we once de- , lighted in. We have since adopted maxims of a diflFerei^t, but more refined nature; new maxims, which tend to the prostration of re- publicanism. We have one, sir, that aU men are by nature free and independent, and have certain inherent rights, of which, when they enter into society, ■ they cannot, by any compact, deprive or divest their posterity. We have a set of maxims of the same spirit, which must be beloved by every friend to liberty, to virtue, to mankind—'^ our bill of rights contains those adniirable__ maxims. " Now, sir, I say, let us consider whether the picture given of American affairs ought to di-ive us from those beloved TiffTim" The honorable gentleman pTr ., Randolph! has said, that it is too late in tne day tor us to reject this new plan. That system which was once execrated by the honorable member, must now be adopted, let its defects be ever so glar- ing. That honorable member will not accuse me of want of candor, when I cast in my mind what he has given the public,* and compare it to what has happened since. It seems to me very strange and unaccountable, that what was the object of his execration should now receive his encomiums. Something extraordinary must have operated so great a change in his opinion. It is too late in the day ! Gentlemen must ex- cuse me, if they should declare again and again, that it is too late, and I should think dif- ferently. I never can believe, sir, that it is too late to save all that is precious. If it be proper, and, independently of every external considera- tion, wisely constructed, let us receive it : but, sir, shall its adoption by eight States induce ua to receive it, if it be replete with the most dan- gerous defects? They urge, that subsequent amendments are safer than previous amend- ments, and that they will answer the same ends.. _. At present, we have our liberties and our pri- vileges in our own hands. Let us not relin- - quish them. Lot us not adopt this system till we see them secured. There is some small pos-n sibility, 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 in- „ estimable rights, and rest their security on a mere possibility? The gentleman fears the loss of the Union. If eight States have ratified it unamended, and we should rashly imitate their precipitate example, do we not thereby disunite from several other States ? Shall those who have risked their lives for the sake of union, be at once thrown out of it? If it be amended, every State will accede to it ; but by an imprudent adoption in its defective and dan- gerous state, a schism must inevitably be the consequence ; I can never, therefore, consent to hazard our unalienable rights on an absolute uncertainty. You are told there is no peace, although you fondly flatter yourselves that all is peace — no peace ; a general cry and alarm in the country ; commerce, riches and wealth van- ished ; citizens going to seek comforts in other parts of the world ; laws insulted ; many in- * Alluding to Mr. Randolph's letter on that subject, tc tb» Speaker of the House of Delegates. 24 PATRICK HEliTEY, stances of tyrannical legislation. XWse things, sir, are new to nae. He has made the discovery. As to the administration of justice, I believe that failures in commerce, &c., cannot be at- tributed to it. My age enables me to recollect its progress under the old government. I can justify it by saying, that it continues in the same manner in this State, as it did under the former government. As to other parts of the continent, I refer that to other gentlemen. As to the ability of those who administer it, I believe they would not suffer by a com- parison with those who administered it un- der the royal authority. Where is the cause of complaint if the wealthy go away ? Is this, added to the other circumstances, of such enormity, and does it bring such danger over liiis commonwealth, as to warrant so impor- tant and so awful a change, in so precipitate a manner? As to insults offered to the laws, I know of none. In this respect I believe this commonwealth would not suffer by a compari- son with the former government. The laws are as well executed, and as patiently acqui- esced in, as they were under the royal admin- istration. Compare the situation of the coun- try ; compare that of our citizens to what they were then, and decide whether persons and property are not as safe and secure as they were at that time. Is there a man in this com- monwealth, whose person can be insulted with impunity ? Cannot redress be had here for per- sonal insults or injuries, as well as in any part of the world; as well as in those countries where ai-istocrats and monarchs triumph and reign! Is not the protection of pi-operty in full operation here? The contrary cannot, with truth, be charged on this commonwealth. 'Those severe charges which are exhibited against it, appear to me totally groundless. On a fair investigation, we shall, be found to be surrounded by no real dangers. We have the animating fortitude and persevering alacrity of republican men, to, carry us through misfor- tunes and calamities. 'Tis the fortune of a re- public to be able to withstand the stormy ocean of human vicissitudes. I know of no danger awaiting us. Public and private security are to be found here in the highest degree. Sir, it is the fortune of a free people not to be intimi- dated by imaginary dangers. Fear is the pas- sion of slaves. Our political and natural hem- ispheres are now equally tranquil. Let us recollect the awfid magnitude of the subject of our deliberation. Let us consider the latent consequences of an erroneous decision, and let not our minds be led away by unfair misrepre- sentations and uncandid suggestions. There have been many instances of uncommon lenity and temperance used in the exercise of power in this commonwealth. I could call your recol- lection to many that happened during the war and since, but every gentleman here must be apprised of them. The honorable member has given you an elaborate account of what he judges tyrannical legislation, and an ex post facto law in the case of Josiah Phillips. He has misrepresented the facts. That man was not executed by a tyran nical stroke of power ; nor was he a Socrates. He was a fugitive murderer and an outlaw : a man who commanded an infamous banditti, at a time when the war was at the most perilous stage. He committed the most cruel and shock- ing barbarities. He was an enemy to the hu man name. Those who declare war against the human race, may be struck out of existence as soon as they are apprehended. He was not executed according to those beautiful legal cere- monies which are pointed out by the laws, in criminal cases. The enormity of his crimes did not entitle him to it. I am truly a friend to legal forms and methods ; but, sir, the occasion warranted the measure. A j irate, an outlaw, or a comm\.ffl enemy to all manskind, may be put to death at any time. It is justified by the laws of nature and nations. The honorable member lells us then, that there are burnings and discontents in the hearts of our citizens in general, and that they are dissatisfied with their government. I have no doubt the honorable member believes this to be the case, because he says so. But I have the comfortable assurance, that it is a certain fact, that it is not so. The middle and lowei ranks of people have not those illumined ideas which the well-born are so happily possessed of; they cannot so readily perceive latent ob- jects. The microscopic eyes of modern states- men can see abundance of defects in old sys- tems; and their illumined imaginations dis- cover the necessity of a change. They are' captivated by the parade of the number ten ; the charms of the ten miles square. Sir, I fear this change will ultimately lead to our ruin. My fears are not the force of imagination ; they are but too well founded. I tremble for my country: but, sir, I trust, I rely, and I am con- fident, that this political speculation has not taken so strong a hold of men's minds as some would make us believe. The dangers which may arise from our geo- graphical situation, wOl be more properly con- sidered a while hence. At present, what may be surmised on the subject, with respect to the adjacent States, is merely visionary. Strength, sir, is a relative term. When I reflect on the natural force of those nations that might be in- duoed>to attack us, and consider the diificulty of the attempt and uncertainty of the success, and compare thereto the relative strength of our country, I say that we are strong. We have no cause to fear from that quarter ; we have nothing to dread from our neighboring States. The superiority of our cause would give us au advantage over them, were they so unfriendly or rash as to attack us. As to that part of the community which the honorable gentleman spoke of as in danger of being sepa- rated from us, what incitement or inducement could its inhabitants have to wish such an event ? It is a matter of doubt whether they THE FEDERAL CONSTITUTION. 26 would derive any advantage to themselves, or be any loss to us by such a separation. Time has been, and may yet come, vrhen they vfill find it their advantage and true interest to be united with us. There is no danger of a dis- memberment of our country, unless a constitu- tion be adopted which will enable the govern- ment to plant enemies on our backs. By the confederation, the rights of territory are se- cured. No treaty can be made without the consent of nine States. While the consent of nine States is necessary to the cession of terri- tory, you are safe. If i it be put in the' power of a less number, you will most infallibly lose the Mississippi. As long as we can preserve our unalienable rights, we are in safety. This new constitution will involve in its operation the loss of the navigation of that valuable river. The honorable gentleman cannot be ignorant of the Spanish transactions. A treaty had been nearly entered into with Spain, to relinquish that navigation, and that relinquishment would absolutely have taken place, had the consent of seven States been sufficient. The honorable gentleman told us then, that eight States hav- ing adopted this system, we cannot suppose they will recede on our account. I know not what they may do; but this I know, that a • people of infinitely less importance than those of Virginia, stood the terror of war. Ver- mont, sir, withstood the terror of thirteen States. Maryland did not accede to the con- federation till the year 1781. These two States, feeble as they are, comparatively to us, were not afraid of the whole Union. Did either of -these States perish ? No, sir, they were admit- ted freely into the Union. Will not Virginia then be admitted ? I flatter myself that those States who have ratified the new plan of gov- ernment will open their arms and cheerfully re- ceive us, although we should propose certain amendments as the conditions on which we would ratify it. During the late war, aU the States were in pursuit of the same object. To obtain that object, they made the most strenu- ous exertions. They did not suffer trivial con- siderations to impede its acquisition. Give me leave to say, that if the smallest States in the Union were admitted into it, after having un- reasonably procrastinated their accession, the greatest and most mighty State in the Union will be easily admitted, when her reluctance to an immediate accession to this system is found- ed on the most reasonable gi-ounds. When I call this the most mighty State in the Union, do I not speak the truth ? Does not Virginia surpass every State in the Union, in number of inhabitants, extent of territory, felicity of po- sition, and affluence and wealth ? Some in- fatuation hangs over men's minds, that they vvill inconsiderately precipitate into measures the most important, and give not a moment's deliberation to others, nor pay any respect to their opinions. Is this federalism ? Are these the beloved effects of the federal spirit, that its votaries will never accede to the just proposi- tions of others? Sir, were there nothing ob- jectionable in it but that, I would vote against it. I desire to have nothing to do with such men as will obstinately refuse to change their opinions. Are our opinions not to be regard- ed ? I hope that you will recollect that you are going to join with men who will pay no re- spect even to this State. Switzerland consists of thirteen cantons ex pressly confederated for national defence. They have stood the shock of four hundred years : that country has enjoyed internal tranquillity most of that long period. Their dissensions have been, comparatively to those of other countries, very few. What has passed in the neighboring countries ? wars, dissensions and in- trigues — Germany involved in the most deplora- ble civil war thirty years successively, continual- ly convulsed with intestine divisions, and har- assed by foreign wars — ^France with her mighty monarchy perpetually at war. Compare the peasants of Switzerland with those of any other mighty nation ; you wUl find them far more happy: for one civil war among them, there have been five or six among other nations: their attachment to their country, and to free- dom, their resolute intrepidity in their defence, the consequent security and happiness which they have enjoyed, and the respect and awe which these things produced in their bordering nations, have signalized those republicans. Their valor, sir, has been active; every thing that sets in motion the springs of the human heart, engaged them to the protection of their inestimable privileges. They have not only se- cured their own liberty, but have been the ar- biters of the fate of other people. Here, sir, contemplate the triumph of republican govern- ments over the pride of monarchy. I acknow- ledge, sir, that the necessity of national defence has prevailed in invigorating their councils and arms, and has been, in a considerable degree, the means of keeping these honest people to- gether. But, sir, they have had wisdom enough to keep together and render themselves formi- dable. Their heroism is proverbial. They would heroically fight for their government, and their laws. One of the illumined sons of these times would not fight for those objects. Those vir- tuous and simple people have not a mighty and splendid president, nor enormously expensive navies and armies to support. No, sir, those brave republicans have acquired their reputa- tion no less by their undaunted intrepidity, than by the wisdom of their frugal and econo- mical policy. Let us follow their example, and be equally happy. The honorable member ad- vises us to adopt a measure which wiU destroy our bill of rights : for, after hearing his picture of nations, and his reasons for abandoning all the powers retained to the States by the con- federation, I am more firmly persuaded of the impropriety of adopting this new plan in its present shape. I had doubts of the power of those who went to the convention ; but now we are possessed PATRICK HENET. of it, let us examine it. When we trusted the great object of revising the confederation to the greatest, the best and most enlightened of our citizens, we thought their deliberations would have been solely coniined to that revi- sion. Instead of this, a new system, totally diiierent in its nature, and vesting the most ex- tensive powers in Congress, is presented. Will the ten men you are to send to Congress, be more worthy than those seven were ? If power grew so rapidly in their hands, what may it not do in the hands of others? If those who go from this State will find power accompanied with temptation, our situation must be truly critical. When about forming a government, if we mistake the principles, or commit any other error, the very circumstance promises that power will be abused. The greatest cau- tion and circumspection are therefore necessary; nor does this proposed system in its investiga- tion here, deserve the least charity. The honorable member says, that the na- tional government is without energy. I per- fectly agree with him : and when he cried out union, I agreed with him : but I tell him not to mistake the end for the means. The end is union ; the most capital means, I suppose, af-e an army and navy : on a supposition I will ac- knowledge this ; still the bare act of agreeing to that paper, though it may have an amazing influence, will not pay our millions. There must be things to pay debts. What these things are, or how they are to be produced, must be determined by our political wisdom and economy. The honorable gentleman alleges, that pre- vious amendments will prevent the junction of our riches from producing great profits and emoluments, (which would enable us to pay our public debts,) by excluding us from the Union. I believe, sir, that a previous ratification of a system notoriously and confessedly defective, will endanger our riches, our liberty, our all. Its defects' are -acknowledged ; they cannot be aied. The reason offered by the honorable gentleman for adopting this defective system, is the adoption by eight States. I say, sir, that, if we present nothing but what is reasonable in the shape of amendments, they will receive us. 'TTnion is as necessary for them as for us. Will they then be so unreasonable as not to join us? If such be their disposition, I am happy to know it in time. The honorable member then observed, that nations will expend millions for commercial ad- vantages; that is, they will deprive you of every advantage if they can. Apply this an- other way. Their cheaper way, instead of lay- ing out millions in making war upon you, will be to corrupt your senators. I know that if they be not above all price, they may make a sacrifice of our commercial interests. They may advise your president to make a treaty that will not only sacrifice all your commercial interests, but throw prostrate your biU of rights. Does he fear that their ships will outnumber ours on the ocean, or that nations, whose inter- ests come in contrast with ours, in the progress of their guilt, will perpetrate the vilest expedi- ents to exclude us from a participation in corn- mercial advantages? Does he advise us,_ in order to avoid this evil, to adopt a constitution, which will enable such nations to obtain their ends by the more easy mode of contaminating the principles of our senators? Sir, if our sen- ators will not be corrupted, it will be because they will be good men ; and not because the constitution provides against corruption; for there is no real check secured in it, and the most abandoned and profiigate acts may with impunity be committed by them. With respect V) Maryland, what danger from thence ? I know none. I have not heard of any hostility premeditated or committed. Nine- tenths of the people have not heard of it. Those who are so happy as to be illumined, have not informed their fellow-citizens of it. I am so valiant as to say, that no danger can come from that source, sufiioient to make me abandon my republican principles. The hon- orable gentleman ought to have recollected, that there were no tyrants in America, as there are in Europe : the citizens of republican bor- ders are only terrible to tyrants: instead of being dangerous to one another, they mutually support one another's liberties. We might be confederated with the adopting States, without ratifying this system. No form of government renders a people more formidable. A confede- racy of States joined together, becomes strong as the United Netherlands. The government of Holland (execrated as it Is) proves that the present confederation is adequate to every pur- pose of human association. There are seven provinces confederated together for a long time, containing numerous opulent cities and many of the finest ports in the world. The recollec- tion of the situation of that country, would make me execrate monarchy. The singular felicity and success of that people, are unparal- leled ; freedom has done miracles there in re- claiming land from the ocean. It is the richest spot on the face of the globe. Have they no men or money ? Have they no fleets or armies ? Have they no arts or sciences among them? How did they repel the attacks of the greatest nations in the world ? How have they acquired their amazing influence and power ? Did they consolidate government, to effect these purposes as we do ? No, sir, they have triumphed over every obstacle and diflBoulty, and have arrived at the summit of political felicity, and of un- common opulence, by means of a confederacy ; that very government which gentlemen affect to despise. They have, sir, avoided a consoli- dation as the greatest of evils. They have lately, it is true, made one advance in that fatal progression. This misfortune burst on them by iniquity and artifice. That stadtholder, that executive magistrate, contrived it, in conjunc- tion with other 'European nations. It was not the choice of the people. Was it owing to his THE FEDERAL CONSTITUTION. 27 energy that this happened? If two provinces have paid nothing, what have not the rest done? And have not these two provinces made other exertions ? Ought they, to avoid this inconve- nience, to have consolidated their different States, and have a ten miles square ? Compare that little spot, nurtured by liberty, with the fairest country in the world. Does not Holland possess a powerful navy and army, and a full treasury? They did not acquire these by de- basing the principles and trampling on the rights of their citizens. Sir, they acquired these by their industry, economy, and by the freedom of their government. Their commerce is the most extensive in Europe ; their credit is unequalled; their felicity will be an eternal monument of the blessings of liberty ; every nation in Europe is taught by them what they are, and what they ought to be. The contrast between those nations and this happy people, is the most splendid spectacle for republicans, the greatest cause of exultation and triumph to the sons of freedom. While other nations, pre- cipitated by the rage of ambition or folly, have, in the pm-suit of the most magnificent projects, riveted the fetters of bondage on themselves and their descendants, these republicans have secured their political happiness and freedom. Where is there a nation to be compared to them? Where is there now, or where was there ever a nation, of so small a territory, and so few in number, so powerful, so wealthy, so happy ? What is the cause of this superiority ? Liberty, sir, the freedom of their government. Though they are now unhappily in some degree consolidated, yet they have my acclamations, when put in contrast with those millions of their fellow-men who lived and died slaves. The dangers of a consolidation ought to be guarded against in this country. I shall exert my poor talents to ward them off. Dangers are to be apprehended in whatever manner we proceed; but those of a consolidation are the most destructive. Let us leave no expedient untried to secure happiness; but whatever be our decision, I am consoled, if American liberty will remain entire only for half a century ; and I trust that mankind in general, and our posterity in particular, will be compensated for every anxiety we now feel. Another gentleman tells us, that no inconve- nience will result from the exercise of the power of taxation by the general government ; that two shillings out of ten may be saved by the impost ; and tihat four shillings may be paid to the federal collector, and four to the State col- lector. A change of government will not pay money. If from the probable amount of the impost, you take the enormous and extravagant expenses, which will certainly attend the sup- port of this great consolidated government, I believe you will find no reduction of the public burdens by this new system. The splendid maintenance of the president and of the mem- bers of both Houses ; and the salaries and fees of the swarm of oiBcers and dependants on the government, will cost this continent immense sums. Double sets of collectors will double the expense. To these are to be added oppres- sive excisemen and custom-house oflBcers. Sir, the peojJe have an hereditary hatred to custom- house officers. The experience of the mother country leads me to detest them. They have introduced their baneful influence into the ad- ministration, and destroyed one of the most beautiful systems that ever the world saw. Our forefathers enjoyed liberty there, while Ihat system was in its purity, but it is now contami- nated by influence of every kind. The style of the government (we the peo- ple) was introduced, perhaps, to recommend it to the people at large ; to those citizens who are to be levelled and degraded to the lowest degree, who are likened to a herd, and who, by the operation of this blessed system, are to be transformed from respectable, independent citizens, to abject, dependent subjects or slaves. The honorable gentleman has anticipated what we are to be reduced to, by degradingly assim- ilating our citizens to a herd. Here Mr. Randolph rose, and declared that he did not use that word to excite any odium, but merely to convey the idea of a multitude. Mr. Henry replied, that it made a deep im- pression on hi.'j mind, and that he verily believed, that system would operate as he had said. [He then continued] — I will gxohange that abom- inable word for requisitions ; requisitions which gentlemen affect to despise, have nothing de- grading in them. On this depends our political prosperity. I never will give np 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. They secure to the States the benefit of correcting oppressive errors. If our assembly thought requisitions erroneous, if they thought the demand was too great, they might at least supplicate Congress to reconsider, that it was a little too much. The power of direct taxation was called by the honorable gentleman the soul of the govern- ment : another gentleman called it the lungs of the government. We aU agree, that it is the most important part of the body politic. If the power of raising money be necessary for the general government, it is no less so for the States. If money be the vitals of Congress, is it not precious for those individuals from whom it is to be tak^n? Must I give my soul, my lungs, to Congress? Congress must have oui souls; the State must 'have our souls. This is dishonorable and disgraceful. These two co- ordinate, interfering, unlimited powers of har assing the community, are unexampled — ^un- precedented in history ; they are the visionary projects of modern politicians : tell me not of imaginary means, but of reality : this political solecism will never tend to the benefit of the community. It will be as oppressive in practice as it is absurd in theory. If you oart from this, PATRICK HENRY. which the honorable gentleman tells you is the soul of Oongi-ess, you will be inevitably ruined. I tell you, they shall not have the soul of Vir- ginia. They tell us, that one collector may collect the federal and State taxes. The general government being paramount to the State legis- latures, if the sheriff is to collect for both — his right hand for the Congress, his left for the State — ^his right hand being paramount over the left, his collections will go to Congress. We will have the rest. Deficiencies in collections will always operate against the States. Con- gress being the paramount, supreme power, must not be disappointed. Thus Congress will have an unlimited, unbounded command over the soul of this commonwealth. After satisfy- ing their uncontrolled demands, what can be left for the States ? Not a sufficiency even to defray the expense of their internal administra- tion. They must therefore glide imperceptibly and gradually out of existence. This, sir, must naturally terminate in a consolidation. If this will do for other people, it never will do for me. If we are to have one representative for every thirty thousand souls, it must be by im- plication. The constitution does not positively secure it. Even say it is a natural implication, why not give us a right to that proportion in express terms, in language that could not admit of evasions or subterfuges? If they can use implication for us, they can also use implication against us. We are giving power ; they are getting power : judge, then, on which side the implication will be used. When we once put it in their option to assume constructive power, danger will follow. Trial by jury, and liberty of the press, are also on this foundation of im- plication. If they encroach on these rights, and you give your implication for a plea, you are oast ; for they will be justified by the last part of it, which gives them full power "to make all laws which shall be necessary and proper to carry their powers into execution." Implication is dangerous, because it is un- bounded : if it be admitted at aU, and no limits be prescribed, it admits of the utmost exten- sion. They say, that every thing that is not given is retained. The reverse of the proposi- tion is true by implication. They do not carry their implication so far when they speak of the general welfare. No implication when the sweeping clause comes. Implication is only necessary when the existence of privileges is in dispute. The existence of powers is sufficiently established. If we trust our dearest rights to implication, we shall be in a very unhappy situation. Implication in England has been a source of dissension. There has been a war of implica- tion between the king and people. For one hundred years did the mother country struggle under th6 uncertainty of implication. The people insisted that their rights were implied : the monarch denied the doctrine. Their bill of rights in some degree terminated the dispute. By a bold implication, they said they had a right to bind us in all cases whatsoever. This constructive power we opposed, and success- fully. Thirteen or fourteen years ago, the mosf) important thing that could be thought of, was 1 to exclude the possibility of construction and implication. These, sir, were then deemed j- perilous. The first thing that was thought of,j ■' was a bill of rights. We were not satisfledj with your constructive argumentative 'rights. -% , Mr. Henry then declared a bill of rights in- \ dispensably necessary ; that a general positive^ provision should be inserted in the new system, securing to the States and the people every right which was not conceded to the general government; and that every implication should be done away. It being now late, he concluded by observing, that he would resume the subject another time. On the 9th, Mr. Henry continued his remarks as follows : Me. CHAiEMAif: I find myself again constrain- ed to trespass on the patience of this committee, I wish there was a prospect of union in our sentiments ; so much time would not then be taken up. But when I review the magnitude of the subject under consideration, and of the dangers which appear to me in this new plan of government, and compare thereto my poor abilities to secure our rights, it will take much more time, in my poor unconnected way, to traverse the objectionable parts of it; there are friends here who will be abler than myself to ■ make good these objections which to us appear - well founded. If we recollect, on last Saturday, I made some observations on some of those dangers, which these gentlemen would fain persuade us hang over the citizens of this com- monwealth, to induce us to change the govern- ment, and adopt the new plan. Unless there be great and awful dangers, the change is dan- gerous, and the experiment ought not to be made. In estimating the magnitude of these dangers, we are obliged to take a most serious view of them, to feel them, to handle them, and to be familiar with them. It is not suffi- cient to feign mere imaginary dangers; there must be a dreadful reality. The great question between us is, does that reality exist ? These dangers are partially attributed to bad laws, execrated by the community at large. It is said the people wish to change the government. I should be happy to meet them on that ground. Should the people wish to change it, we should be innocent of the dangers. It is a fact, that the people do not wish to change their govern- ment. How am I to prove it ? It wUl rest on my bare assertion, unless supported by an in ternal conviction in men's breasts. My poo^^^ say-so is a mere nonentity. But, sir, I ato? persuaded that four-fifths of the people of Yir- I ginia must have amendments to the new plan, ' to reconcile them to a change of their govern--^ ment. Our assertions form but a slippery foun- THE FEDERAL CONSTITUTION. 29 dation for the people to rest their political salva- tion on. No government can flourish unless it be founded on the affection of the people. Un- less gentlemen can be sure that this new system is founded on that ground, they ought to stop their career. I will not repeat what the gentlemen say, but will mention one thing. There is a dispute between us and the Spaniards, about the right of navigating the Mississippi. This dispute has sprung from the federal government. I wish a great deal to be said on this subject. I wish to know the origin and progress of the business, as it would probably unfold great dangers. In my opinion, the preservation of that river calls for our most serious consideration. It has been agitated in Congress. Seven States have voted so as that it is known to the Spaniards, that under our existing system the Mississippi shall be taken from them. Seven States wished to relinquish this river to them. The six Southern States opposed it. Seven States not being suf- ficient to convey it away, it remains now ours. If I am wrong, there are a number on this floor who can contradict the facts; I will readily retract. This new government, I con- ceive, will enable those States, who have al- ready discovered their inclination that way, to give away this river. "WiU the honorable gen- tleman advise us to relinquish this inestimable navigation, and place formidable enemies to our backs? This weak, this poor confederation cannot secure us. "We are resolved to take shelter under the shield of federal authority in America. The southern parts of America have been protected by that weakness so much exe- crated. I hope this will be explained. I was not in Congress when these transactions took place. I may not have stated every fact. I may have misrepresented matters. I hope to be fully acquainted with every thing relative to the subject. Let us hear how the great and important right of navigating that river has been attended to ; and whether I am mistaken in my opinion, that federal measures will lose it to us for ever. If a bare majority of Congress can make laws, the situation of our western citizens is dreadful. We are threatened with danger for the non- payment of the debt due to France. We have information from an illustrious citizen of Vir- ginia, who is now in Paris, which disproves the suggestions of such danger. This citizen has not been in the airy regions of theoretic specu- lation; our ambassador is this worthy citizen. The ambassador of the United States of Ameri- ca is not so despised as the honorable gentle- man would make us believe. A servant of a republic is as much respected as that of a mon- arch. The honorable gentleman tells us, that hostile fleets are to be sent to make reprisals upon us; our ambassador tells you, that the king of France has taken into consideration to enter into commercial regulations on reciprocal terms with us, which will be of peculiar advan- tage to us. Does this look like hostility? I might go further ; I might say, not from public authority, but good information, that his opinion is, that you reject this government. His char- acter and abilities are in the highest estima- tion; he is well acquainted, in every respect, with this country; equally so with the policy of the European nations. This illustrious citi- zen advises you to reject this government, till it be amended. His sentiments coincide en- tirely with ours. His attachment to, and ser- vices done for this country, are well known. At a great distance from us, he remembers and studies our happiness. Living amidst splendor and dissipation, he thinks yet uf bills of rights — thinks of those little despised things called maxims. Let us follow the sage advice of this com\nuii friend of our happiness. It is little usual for nations to send armies to collect debts. The house of Bourbon, that great friend of America, wiU never attack her for the unwill- ing delay of payment. G-ive me leave to say, that Europe-, is too much engaged about ob- jects of greater importance to attend to us. On that great theatre of the world the little Amer- ican matters vanish. Do you believe, that the mighty monarch of France, beholding the greatest scenes that ever engaged the attention of a prince of that country, will divert himself from those important objects, and now call for a settlement of accounts with America? This proceeding is not warranted by good sense. The friendly disposition to us, and the actual situation of France, render the idea of danger from that quarter absurd. Would this country- man of ours be fond of advising us to a mea- sure which he knew to be dangerous, and can it be reasonably supposed, that he can be igno- rant of any premeditated hostility against this country? The honorable gentleman may sus- pect the account, but I will do our friend the justice to say that he would warn us of any danger from France. Do you suppose the Spanish monarch will risk a contest with the United States, when his feeble colonies are exposed to them? Every advance the people here make to the westward, makes him tremble for Mexico and Peru. De- spised as we are among ourselves under our present government, we are terrible to that monarchy. If this be not a fact, it is generally said so. We are in the next place frightened by dan- gers from Holland. We must change our gov- ernment to escape the wrath of that republic. Holland groans under a government like this new one. A stadtholder, sir, a Dutch president has brought on that country ihiseries which will not permit them to coUeet debts with fleets or armies. The wife of a Dutch stadtholder brought one hundred thousand men against that republic, and prostrated all opposition. This president will bring miseries on us like those i)t Holland. Such is the condition of European afiairs, that it would be unsafe for them to send fleets or armies to collect debts. But here, sir, they make a transition to objects of another 60 PATEICK HENRY. kind. We are presented with dangers of a very uncommon nature. I am not acquainted with the arts of painting. Some gentlemen have a peculiar talent for theiij. They are practised with great ingenuity on this occasion. As a counterpart to what we have already been in- timidated with, we are told, that some lands have been sold which cannot be found ; and that this wUl bring war on this country. Here the picture will not stand examination. Can it be supposed, that if a few land speculators and job- bers have violated the principles of probity, that it will involve this country in war? Is there no redress to be otherwise obtained, even admit- ting the delinquents and sufferers to be numer- ous? When gentlemen are thus driven to pro- duce imaginary dangers, to induce this conven- tion to assent to this change, I am sure it will not be uncandid to say, that the change itself is really dangerous. Then the Maryland compact is broken, and will produce perilous conse- quences. I see nothing very terrible in this. The adoption of the new system will not re- move the evil. Will they forfeit good neigh- borhood with us, because the compact is broken? Then the disputes concerning the Carolina line are to involve us in dangers. A strip of land running from the westward of the Alleghany to the Mississippi, is the subject of this pretended dispute. I do not know the length or breadth of this disputed spot. Have they not regularly confirmed our right to it and relinquished all claims to it? I can venture to pledge, that the people of Carolina wiU never disturb us. The strength of this despised country has settled an immense tract of country to the westward. Give me leave to remark, that the honorable gentleman's observations on our frontiers, north and south, east and west, are all inaccurate. Will Maryland fight against this country for seeking amendments? Were there not sixty members in that State who went in quest of amendments? Sixty against eight or ten were in favor of pursuing amendments. Shall they fight us for doing what they themselves have done? They have sought amendments, but dif- ferently from the manner in which I wish amendments to be got. The honorable gentle- man may plume himself on this difference. Will they fight us for this dissimilarity? Will they fight us for seeking the object they seek themselves? 'When they do, it will be time for me to hold my peace. Then, sir, comes Pennsylvania, in terrible array. Pennsylva- nia is to go in conflict with Virginia. Penn- sylvania has been a good neighbor hereto- fore. She is federal — something terrible : Vir- ginia cannot look her in the face. If we sufii- ciently attend to the actual situation of things, we will conclude that Pennsylvania will do what we do. A number of that country are strongly opposed to it. Many of them have lately been convinced of its fatal tendency. They are disgorged of their federalism. I be- seech you to bring this matter home to your- selves. Was there a possibility for the people of that State to know the reasons of adopting that system or understand its principles, in so very short a period after its formation? ThiR is the middle of June. Those transactions hap- pened last August. The matter was circulated by every effort of industry, and the most pre- cipitate measures taken to hurry the people into an adoption. Yet now, after having had several months since to investigate it, a very large part of this community — a very great majority of this community, do not understand it. I have heard gentlemen of respectable abilities declare they did not understand it. If after great pains, men of high learning, who have received the aid of a regular education, do not understand it; if the people of Pennsylvania understood it in so short a time, it must have been from intuitive understandings, and uncommon acute- ness of perception. Place yourselves in their situ- ation ; would you fight yoiir neighbors for consid- ering this great and awful matter ? If you wisli for real amendments, such as the security of the trial by jury, it wiU reach the hearts of the people of that State. Whatever may be the disposition of the aristocratical politicians of that country, I know there are friends of human nature in that State. If so, they will never make war on those who make professions of what they are attached to themselves. As to the danger arising from borderers, it is mutual and reciprocal. If it be dangerous for Virginia, it is equally so for them. It will be their true interest to be united with us. The danger of our being their enemies, will be a prevailing argument in our favor. It will be as powerful to admit us into the Union, as a vote of adoption without previous amendmenw could possibly be. Then the savage Indians are to destroy na. We cannot look them in the face. The danger is here divided; they are as terrible to the other States as to us : but, sir, it is well known that we have nothing to fear from them. Our back settlers are considerably stronger than they, and their superiority increases daily. Suppose the States to be confederated all around us, what we want in number, we shall make up otherwise. Our compact situation and natural strength will secure us. But to avoid all dan- gers, we must take shelter under the federal government. Nothing gives a decided impor- tance but thi s federal government. You will sip sorrow, according to the vulgar phrase, if you want any other security than the laws of Virginia. A number of characters of the greatest emi nence in this country, object to this govern ment, for its consolidating tendency. This is not imaginary. It is a formidable reality. If consolidation proves to be as mischievous to this country as it has been to other countries, what will the poor inhabitants of this counti-y do? This government will operate like an ambuscade. It wiU destroy the State govern- ments, and swallow up the liberties of th« people, without giving them previous uotica THE FEDERAL CONSTITUTION. 31 .f gentlemen are willing to run tlie hazard, let them run it ; but I shall exculpate myself by my opposition, and monitory warnings within these walls. But then comes paper money. We are at peace on this subject. Though this is a thing which that mighty federal convention had no business with, yet I acknowledge that paper money would be the bane of this coun- try. I detest it. Nothing can justify a people in resorting to it, but extreme necessity. It is at rest, however, in this commonwealth. It is no longer solicited or advocated. Sir, I ask you, and every other gentleman who hears me, if he can restrain his indignation at a system, which takes from the State legis- latures the care and preservation of the inter- ests of the people ; one hundred and eighty representatives, the choice of the people of Virginia, cannot be trusted with their interests. They are a mobbish, suspected herd. This country has not virtue enough to manage its own internal interests. These must be referred to the chosen ten. If we cannot be trusted with the private contracts of the citizens, we must be depraved indeed. If he can prove, that, by one uniform system of abandoned principles, the legislature has betrayed the rights of the people, then let us seek another shelter. So degrading an indignity — so flagrant an outrage on the States — so vile a suspicion is humiliating to my mind, and many others. Will the adoption of this new plan pay our debts ? This, sir, is a plain question, It is inferred, that our grievances are to be redressed, and the evils of the existing system to be re- moved by the new constitution. Let me inform the honorable gentleman, that no nation ever paid its debts by a change of government, with- out the aid of industry. You never will pay your debts but by a radical change of domestic economy. At present, you buy too much, and make too little to pay. Will this new system promote manufactures, industry, and frugality? If, instead of this, your hopes and designs will be disappointed, you relinquish a great deal, and hazard infinitely more for nothing. Will it enhance the value of your lands? Will it lessen your burdens? Will yonr looms and wheels go to work by the act of adoption ? If it will in its consequences produce these things, it will consequently produce a reform, and en- able you to pay your debts. Gentlemen must prove it. I am a sceptic — an infidel on this point. I cannot conceive that it will have these happy consequences. I cannot confide in as- sertions and allegations. The evils that attend us, lie in extravagance and want of industry, and can only be rendoved by assiduity and economy. Perhaps we shall be told by gentle- men, that these things will happen, because the administration is to be taken from us, and placed in the hands of the luminous few,, who will pay different attention, and be more stu- diously careful than we can he supposed to be. With respect to the economical operation of the new government, I will only remark, that the national expenses will be increased — if not doubled, it will approach it very near. I might, without incurring the imputation of illiberality or extravagance, say, that the expense will be multiplied tenfold. I might tell you of a nu- merous standing army ; a great, powerful navy ; a long and rapacious train of ofiicers and de- pendents, independent of the president, sena- tors and representatives, whose compensations are without limitation. How are our debts to be discharged unless the taxes are -increased, when the expenses of government are so greatly augmented ? The defects of this system are so numerous and palpable, and so many States object to it, that no union can be expecjed, un- less it be amended. Let us take a review of the^ facts. New Hampshire and Rhode Island have ) rejected it. They have refused to become fede- ' ral. New York and North Carolina are re- ! ported to be strongly against it. From high | authority, give me leave to tell, that New York ; is in high opposition. Will any gentleman say / that North Carolina is not against it? They/ may say so, but I say that the adoption of it,/ in those two States, amounts to entire uncer-l tainty. The system must be amended before these four States will accede to it.( Besidesj there are several other States who are dissatisl fied, and wish alterations. Massachusetts has,! j in decided terms, proposed amendments ; bun | by her previous ratification, has put the carl ' before the horse. Maryland instituted a com/ mittee to propose amendments. It then ap^ pears, that two States have actually refused to adopt — ^two of those who have adopted, have a, desire of amending. And there is a probability! of its being rejected by New York and North \ Carolina. The other States have acceded with- J out proposing amendments. With respect to them, local circumstances have, in my judg- ment, operated to produce its unconditional, instantaneous adoption. The locality of the seat of government, ten miles square, and the seat of justice, with all their concomitant emo- luments, operated so powerfully with the first adopting State, that it was adopted without taking time to refiect. We are told that nu- merous advantages will result from the con- centration of the wealth and grandeur of the United States in one happy spot, to those who will reside in or near it. Prospects of profit and emoluments have a powerful infiuence on the human mind. We, sir, have no such pro- jects as that of a grand seat of government for thirteen States, and perhaps for one hundred States hereafter. Connecticut and New Jersey have their localities also. New York lies be- tween them. They have no ports, and are not importing States. New York is an importing State, and taking advantage of its situation, makes them pay duties for aU the articles of their consumption ; thus, these two States being obliged to import all they want, through the medium of New York, pay the particular taxes of that State. I know the force and effect of reasoning of this sort, by experience. When 82 PATRICK HENRY. the impost was proposed some years ago, those States which were not importing States, readily agreed to concede to Congress, the power of laying an impost on all goods imported for the use of the continental treasury. Connecticut and New Jersey therefore, are influenced by advantages of trade in their adoption. The amounts of all imposts are to go into one com- mon treasury. This favors adoption by the non-importing States ; as they participate in the profits which were before exclusively en- joyed by the importing States. Notwithstand- ing this obvious advantage to , Connecticut, there is a formidable minority there against it. After taking this general review of American affairs, as respecting federalism, will the honor- able gentleman tell me, that he can expect union in America ? When so many States are pointedly against it ; when two adopting States have pointed out, in express terms, their dis- satisfaction as it stands ; and when there is so respectable a body of men discontented in evei-y State ; can the honorable gentleman promise himself harmony, of which he is so fond ? If he can, I cannot. To me it appears unequivo- cally clear, that we shall not have that harmony. If it appears to the other States, that our aver- sion is founded oif just grounds, will they not be willing to indulge us ? If disunion will really result from Virginia's proposing amend- ments, will they not wish the re-establishment of the Union, and admit us, if not on such terms as we prescribe, yet on advantageous terms? Is not union as essential to their happiness, as to ours ? Sir, without a radical alteration, 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 consequences must follow. He has said a great deal about disunion and the dangers that are to arise from it. When we are on the subject of union and dangers, let rae ask, how will his present doctrine hold with what has happened? Is it consistent with that noble and disinterested conduct which he dis- played on a former occasion ? Did he not teU 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 their distresses. He saw all America acting under the impulses of hope, ex- pectation and anxiety, arising from their situa- tion and their partiality for the members of that convention: yet his enlightened mind, know- ing that system to be defective, magnanimously and nobly refused its approbation. He was not led by the illumined — the illustrious few. He was actuated by the dictates of his own judg- ment ; and a better judgment than I can form. He did not stand out of the way of informa- tion. He must have been possessed of every intelligence. What alterations have a few months brought about? The internal differ- ence between right and wrong does not fluctu- ate. It is immutable. I ask this question as a public man, and out of no particular view. 1 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 considered his opinion as a great authority. _ He taught me, sir, in despite of the approbation of that great federal convention, to doubt of the pro- priety of that system. When I found my hon- orable friend in the number of those who doubt- ed, I began to doubt also. I coincided with him in opinion. I shall be a stanch and faith- ful disciple of his. I applaud that magnanimity which led him to withhold his signature. If he thinks now differently, he is as free as I am. Such is my situation, that as a poor individual, I look for information every where. This government is so new, it wants a name. I wish its other novelties were as harmless as this. He told us 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, magnani- mous and skilful nations. In great dangers this power has been given. Rome had fur- nished us with an illustrious example. Amer- ica found a person worthy of that trust : she looked to Virginia for him. We gave a dicta- torial power to hands that used it gloriously ; and which were rendered more glorious by sur- rendering it up. Where is there a breed of such dictators ? Shall we find a set of, Ameri- can presidents of such a breed? Will the American 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 to her warlike intrepidity and valor : yet she is now totally ruined by a stadt- holder; a Dutch president. The destructive wars into which that nation has been plunged, has since involved her in ambition. The glo- rious triumphs of Blenheim and Ramillies were not so conformable to the genius, nor so much to the true interest of the republic, as those numerous and useful caijals and dykes, and other objects at which ambition spurns. That republic has, however, by the industry of its inhabitants, and policy of its magistrates, sup- pressed the ill effects of ambition. Notwith- standing two of their provinces have paid nothing, yet I hope the example of Holland will tell us that we can live happily without changing our present despised government. Cannot people be as happy under a mild, as un- der an energetic government ? Cannot content and felicity be enjoyed in a republic, as well as in a monarchy, because there are whips, chains and scourges used in the latter ? If I am not as rich as my neighbor, if I give my mite, my all, republican forbearance will say, that it is suf- ficient. So said the honest confederates of Hol- land : " You are poor ; we are rich. We will go on and do better, far better, than be under an oppressive government." Far better will it be for us to continue as we are, than go under that THE FEDERAL CONSTITUTION. 38 tight, energetic government. I am persuaded of ' wliat the honorable gentleman says, that separate confederacies will ruin us. In my judgment, they are evils never to be thought of till a people are driven by necessity. When he asks my opinion of consolidation, of one power to reign over America, with a strong hand, I will tell him I am persuaded of the rec- titude of my honorable friend's opinion, (Mr. Mason,) that one government cannot reign over so extensive a country as this is, without abso- lute despotism. Compared to such a consolida- tion, small confederacies are little evils, though they ought to be recurred to but in case of ne- cessity. Virginia and North Carolina are de- spised. They could exist separated from the rfest of America. Maryland and Vermont were not overrun when out of the confederacy. Though it is not a desirable object, yet, I trust, that on examination it will be found,^ that Vir- ginia and North Carolina would not be swal- lowed up in case it was necessary for them to be joined together. When we come to the spirit of domestic peace, the humble genius of Virginia has form- ed a government, suitable to the genius of her people. I believe the hands that formed the American constitution, triumph in the experi- ment. It proves that the man who formed it, and perhaps by accident, did what design could not do in other parts of the world. After all your reforms in government, unless you con- sult the genius of the inhabitants, you wiU never succeed ; your system can have no dura- tion. Let me appeal to the candor of the com- mittee, if the want of money be not the source of all misfortunes. We cannot be blamed for not making dollars. This want of money can- not be supplied by changes in government. The only possible remedy, as I have before as- serted, is industry aided by economy. Com- pare the genius of the people with the govern- ment of this country. Let me remark,- that it stood the severest conflict, during the war, to which human virtue has ever been called. I call upon every gentleman here to declare, whether the King of England had any subjects so attached to his family and government^ — so loyal as we were. But the genius of Virginia called us for liberty ; called us from those be- loved endearments which, from long habits, we were taught to love and revere. We entertain- ed from our earliest infancy, the most sincere regard and reverence for the mother country. Our partiality extended to a predilection for her customs, habits, manners and laws. Thus inclined, when the deprivation of our liberty was attempted, what did we do ? What did the genius of Virginia tell us ? " Sell all, and purchase liberty." This was a severe conflict. Kepublican maxims were then esteemed. Those maxims, and the genius of Virginia, landed you safe on the shore of freedom. On this awful occasion, did you want a federal government ? Did federal ideas possess your minds? Did federal ideas lead you to the most splendid vic- 3 tories ? I must again repeat the favorite idea, that the genius of Virginia did, and will again lead us to happiness. To obtain the most splen- did prize, you did not consolidate. You ac- complished the most glorious ends, by the as- sistance of the genius of your country. Men were then taught by that genius, that they were fighting for what was most dear to them. View the most affectionate father, the most ten- der mother, operated on by liberty, nobly stim- ulating their sons, their dearest sons, sometimes their only son, to advance to the defence of his country. We have seen sons of Oinoinnatus, without splendid magnificence or parade, going, with the genius of their great progenitor Cin- cinnatus, to the plough — men who served their country without ruining it ; men who had served it to the destruction of their private patrimonies; their country owing them ama- zing amounts, for the payment of which no ad- equate provision was then made. We have seen such men throw prostrate their arms at your feet. They did not call for those emolu- ments which ambition presents to some imagi- nations. The soldiers, who were able to com- mand every thing, instead of trampling on those laws which they were instituted to defend, most strictly obeyed them. The hands of justice have not been laid on a single American sol- dier. Bring them into contrast with European veterans — you will see an astonishing superi- ority over the latter. There has been a strict subordination to the laws. The honorable gen- tleman's office gave him an opportunity of view- ing if the laws were administered so as to pre- vent riots, routs, and unlawful assemblies. From his then situation, he could have fur- nished us'with the instances in which licen- tiousness trampled on the laws. Among all our troubles, we have paid almost to the last shilling, for the sake of justice : we have paid as well as any State ; I will not say better. To support the general government and our own legislature ; to pay the interest of the public debts, and defray contingencies, we have been heavily taxed. To add to these things, the dis- tresses produced by paper money, and by to- bacco contracts, were sufficient to render any people discontented. These, sir, were great temptations ; but in the most severe conflict of misfortunes, this code of laws — this genius of Virginia, call it what you will, triumphed over every thing. Why did it please the gentleman, (Mr. Cor- bin,) to bestow such epithets on our country? Have the worms taken possession of the wood, that our strong vessel — our political vessel, has sprung a leak? He may know better than I, but I consider such epithets to be the most il- liberal and unwarrantable aspersions on our laws. The system of laws under which we have lived, has been tried and found to suit our genius. I trust we shall not change this happy- system. I cannot so easily take leave of an old friend. Till I see him following after and pur- suing other objects, which can pervert the great 34 PATRICK HENRY. sbjeots of human legislation, pardon me if I withliold my assent. Some here speak of the difficulty in forming a new code of laws. Young as we were, it was not wonderful if there was a difficulty in form- ing and assimilating our system of laws. I shall be obliged to the gentleman, if he would point out those glaring, those great faults. The effi[irts of assimilating our laws to our genius have not been found altogether vain. I shall pass over some other circumstances which I in- tended to mention, and endeavor to come to the capital objection, which my honorable friend made. My worthy friend said, that a re- publican form of government would not suit a very extensive country; but that if a govern- ment were judiciously organized and limits pre- scribed to it, an attention to these principles might render it possible for it to exist in an ex- tensive territory. Whoever wOl be bold to say, that a continent can be governed by that system, contradicts all the experience of the world. It is a work too great for human wie- dom. Let me call for an example. Experi- ence has been called the best teacher. I caU for an example of a great extent of country, governed by one government, or Congress, call it what you will. I teU him that a government maybe trimmed up according to gentlemen's faney, but it never can operate ; it wUl be but very short lived. However disagreeable it may be to lengthen my objections, I cannot help taking notice of what the honorable gentleman said. To me it appears that there is no check in that government. The president; senators and representatives, all immediately, or medi- ately, are the choice of the people. Tell me not of checks on paper ; but tell me of checks founded on self-love. The English government is founded on self-love. This powerful, irre- sistible stimulus of self-love has saved that gov- ernment. It has interposed that hereditary no- bility between the king and the commons. If the House of Lords assists or permits the king to overturn the liberties of the people, the same tyranny will destroy them; they will therefore keep the balance in the democratic branch. Suppose they see the Commons en- croach upon the king; self-love, that great, energetic check, will call upon them to inter- pose; for, if the king be destroyed, their de- struction must speedily follow. Here is a con- sideration which prevails in my mind, to pro- nounce the British government superior, in this respect, to any government that ever was in any country. Compare this with your Congres- sional checks. I beseech gentlemen to consider whether they can say, when trusting power, that a mere patriotic profession will be equally operative and efficacious, as the check of self- love. In considering the experience of ages, is it not seen that fair, disinterested patriotism and professions of attachment to rectitude, have never been solely trusted to by an en- lightened, free people ? If you depend on your presidents' and senators' patriotism, you are gone. Have you a resting place like the British government? Where is the rock of your salva- tion? The real rock of political salvation is self-love, perpetuated from age to age in every human breast, and manifested in every action. If they can stand the temptations of human nature, you are safe. If you have a good pres- ident, senators and representatives, there is no danger. But can this be expected from human nature? Without real checks, it wUl not suffice that some of them are good. A good president, or senator, or representative will have a natural weakness. Yirtue will slumber: the wicked will be continually watching: consequently you will be undone. Where are your checks? Yon have no hereditary nobility — an order of men, to whom human eyes can be cast up for relief: for, says the constitution, there is no title of nobility to be granted ; which, by the by, would not have been so dangerous, as the perilous ces- sion of the powers contained in that paper : be- cause, as Montesquieu says, when you give titles of nobility, you know what you give; but when you give power, you know not what you give. If you say, that out of this depraved mass, you can collect luminous characters, it will not avail, unless this luminous breed will be propa- gated from generation to generation ; and even then, if the number of vicious characters will preponderate, you are undone. And that this will certainly be the case, is, to my mind, per- fectly clear. In the British government, there are real balances and checks; in this system, there are only ideal balances. Till I am con- vinced that there are actual, efficient checks, I will not give my assent to its establishment.! The president and senators have nothing to lose. They have not that interest in the pre- servation of the government, that the king and lords have in England. They will therefore be regardless of the interests of the people. The constitution will be as safe with one body, as with two. It will answer every purpose of human legislation. How was the constitution of England when only the commons had the power? I need only remark, that it was the most unfortunate era when the country returned to king, lords and commons, without sufficient responsibility in the king. When the commons of England, in the manly language which be- came freemen, said to their king, you are our servant, then the temple of liberty was com- plete. Erom that noble source have we derived our liberty : that spu'it of patriotic attachment to one's country, that zeal for liberty, and that enmity to tyranny, which signalized the then champions of liberty, we inherit from our British ancestors. And I am free to own, that if you cannot love a republican government, you may love the British monarchy: for, al- though the king is not sufficiently responsible, the responsibility of his agents, and the efficient checks interposed by the British constitution, render it less dangerous than other monarchies, or oppressive tyrannical aristocracies. What are their checks of exposing accounts? Their THE FEDERAL CONSTITUTION. 83 oliecks upon paper are inefficient and nugatory. Can you search your president's closet? Is this a real check? We ought to be exceedingly cautious in giving up this life, this soul — our money — this power of taxation to Congress. What powerful check is there here to prevent the most extravagant and profligate squander- ing of the public money? What security have we in money matters? Inquiry is precluded by this constitution. I never wish to see Con- gress supplicate the States. But it is more ab- horrent to my mind to give them an unlimited and unbounded command over our souls, our lives, our purses, without any -eheck or re- straint. How are you to keep inquiry alive? How discover their conduct? We are told by that paper, that a regular statement and ac- count of the receipts and expenditures of all public money, shall be published from time to time. Here is a beautiful check ! What time? Here is the utmost latitude left. If those who are in Congress please to put that construction upon it, the words of the constitution will be satisfied by publishing those accounts once in one hundred years. They may publish or not, as they please. Is this like the present despised system, whereby the accounts are to be publish- ed monthly? I come now to speak something of requisi- tions, which the honorable gentleman thought so truly contemptible and disgraceful. That honorable gentleman being a child of the Revo- lution, must recollect with gratitude the glorious effects of requisitions. It is an idea that must be grateful to every American. An English army was sent to compel us to pay money con- trary to our consent. To force us by arbitrary and tyrannical coercion to satisfy their un- bounded demands. We wished to pay with our own consent. Rather than pay against our consent, we engaged in that bloody contest which terminated so gloriously. By requisitions we pay with our own consent; by their means we have triumphed in the most arduous strug- gle that ever tried the virtue of man. We fought then, for what we are contending now — to prevent an arbitrary deprivation of our pro- perty, contrary to our consent and inclination. I shall be told in this place, that those who are to tax us are our representatives. To this I an- swer, that there is no real check to prevent their ruining us. There is no actual responsi- bility. The only semblance of a check is the negative power of not re-electing them. This, sir, is but a feeble barrier, when their personal interest, their ambition and avarice come to be put in contrast with the happiness of the peo- ple. All checks founded on any thing but self- love, will not avail. This constitution reflects, in the most degrading and mortifying manner, on the virtue, integrity and wisdom of the State legislatures : it presupposes that the chosen few who go to Congress, will have more upright hearts, and more enlightened minds, than those who are members of the individual legislatures. To suppose that ten gentlemen shall have more real substantial merit, than one hundred and seventy, is humiliating to the last degree. If, sir, the diminution of numbers be an augmenta- tion of merit, perfection must centre in one. If you have the faculty of discerning spirits, it is better to point out at once the man who has the most illumined qusilities. If ten men be better than one hundred and seventy, it follows of ne- cessity that one is better than ten — ^the choice is more refined. Such is the danger of the abuse of implied power, that it would be safer at once to have seven representatives, the number to which we are now entitled, than depend on the uncertain and ambiguous language of that paper. The number may be lessened instead of being in- creased; and yet by argumentative, construc- tive, implied power, the proportion of taxes may continue the same or be increased. No- thing is more perilous than constructive power, which gentlemen are so willing to trust their happiness to. If sheriffs prove now an over-match for our legislature ; if their ingenuity has eluded the vigilance of our laws, how wiU the matter be amended when they come clothed with federal authority? A strenuous argument offered by gentlemen is, that the same sheriffs may collect for the continental and State treasuries. I have before shown, that this must have an inevitable tendency to give a decided preference to the. federal treasury in the actual collections, and to throw all deficiencies on the State. This imaginary remedy for the evil of congressional taxation, will have another oppressive operation. The sheriff comes to-day as a State collector — ( next day he is federal— how are you to fix him? How will it be possible to discriminate oppres- sions committed in one capacity, from those perpetrated in the other? Will not his in- genuity perplex the simple, honest planter? This will at least involve in difficulties, those who are unacquainted with legal ingenuity. When you fix him, where are you to punish him ? For, I suppose, they will not stay in our courts : they must go to the federal court ; for, if I understand that paper right, all controver- sies arising under that constitution, or under the laws made in pursuance thereof, are to be tried inthat court. When gentlemen told us, that this part deserved the least exception, I was in hopes they would prove that there was plausibility in their suggestions, and that op- pression' would probably not follow. Are we not told, that it shall be treason to levy war against the United States ? Suppose an insult offered to the federal laws at an immense dis- tance from Philadelphia, will this be deemed treason ? And shall a man be dragged many hundred miles to be tried as a criminal, for having, perhaps justifiably, resisted an unwar- rantable attack upon his person or property ? I am not well acquainted with federal juris- prudence ; but it appears to me that these op- pressions must result from this part of the plan. It is at least doubtful, and where there is ever 36 PATRICK HENRY. a possibility of such evils, they ought to be guarded against. There are to be a number of places fitted out for arsenals and dock-yards in the different States. UnlesB you seU to Congress such places as are proper for these, within your State, you will not be consistent after adoption ; it results therefore clearly that you are to give into their hands, all such places as are fit for strongholds. When you have these fortifications and gar- risons within your State, your legislature will have no power over them, though they see the most dangerous insults offered to the people daily. They are also to have magazines in each State ; these depositories for arms, though within the State, will be free from the control of its legislature. Are we at last brought to such a humiliating and debasing degradation, that we cannot be trusted with anns for our own defence 1 There is a wide difference be- tween having our arms in our own possession and under our own direction, and having them under the management of Congress. 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 ? If our legislature be unworthy of legislating for every foot in this State, they are unworthy of saying another word. The clause which says that Congress shall '' provide fol- arming, organizing and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respect- ively the appointment of the ofiioers," seemed to put the States in the power of Congress. I wished to be informed, if Congress neglected to discipline them, whether the States were not precluded from doing it. Not being favored with a particular answer, I am confirmed in' my opinion, that the States have not the power of disciplining them, without recurring to the doctrine of constructive, implied powers. If by implication the States may discipline them, by implication also Congress may officer them ; because, in a partition of power, each has a right to come in for part; and because implica- tion is to operate in favor of Congress on all occasions, where their object is the extension of power, as well as in favor of the States. We have not one-fourth of the arms that would be sufficient to defend ourselves. The power of arming the militia, and the means of purchasing arms, are taken from the States by the para- mount powers of Congress. If Congress will not arm them, they will not be armed at all. There have been no instances shown of a voluntary cession of power, sufficient to induce me to grant the most dangerous powers : a possibility of their future relinquishment will not persuade me to yield' such powers. Congress, by the power of taxation, by that of raising ah army, and by their control over the militia, have the sword in one hand and the pui'se in the other. Shall we be safe without either? Congress have an unlimited power over both : they are entirely given up by i>s Let him candidly teU me, where and when did freedom exist, when the sword and purse were given up by the people ? Unless a miracle in human affairs interposed, no nation ever re- tained its liberty after the loss of the sword and purse. Can you prove by any argument- ative deduction, that it is possible to be safe without retaining one of these? If you give them up, you are gone. Give us at least a plau- sible apology why Congress should keep their proceedings in secret. They have the power of keeping them secret as long as i.'i«y please ; for the provision for a periodical publication is too inexplicit and ambiguous to avail any thing. The expression, from time to time, as I have more than once observed, admits of any exten- sion. They may carry on the most wicked and pernicious of schemes under the dark veil of secrecy. The liberties of a people never were nor ever will be secure, when the transactions of their rulers may be concealed from them. The most iniquitous plots may be carried on against their liberty and happiness. I am not an advocate for divulging indiscriminately all the operations of government, though the prac- tice of our ancestors in some degree justifies it. Such transactions as relate to military opera- tions, or affairs of great consequence, the im- mediate promulgation of which might defeat the interests of the community, I would not wish to be published, till the end which required their secrecy should have been effected. But to cover, with the veil of secrecy, the common routine of business, is an abomination in the eyes of every intelligent man, and every friend to his country. [Mr. Henry then, in a very animated manner, expatiated on the evil and pernicious tendency of keeping secret the common proceedings of government, and said, that it was contrary to the practice of other free nations. The people of England, he asserted, had gained immortal honor, by the manly boldness wherewith they divulged to all the world their political disqui- sitions and operations; and that such a conduct inspired other nations with respect. He illus- trated his arguments by several quotations.] He then continued : — I appeal to this convention, if it would not be better for America to take off the veil of secrecy. Look at us — hear our transactions. If this had been the language of the federal convention, what would have been the result ? Such a constitution would not have come out to your utter astonishment, conceding such dangerous powers, and recommending secrecy in the future transactions of government. I beheve it would have given more general satis- faction, if the proceedings of that convention had not been concealed from the public eye. This constitution authorizes the same conduct. There is not an EngUsh feature in it. The transactions of Congress may be concealed a century from the public consistently with the constitution. This, sir, is a laudable imitation THE FEDEEAL OONSTITUTION. 37 of the transactions of the Spanish treaty. We have not forgotten witli what a thick veU of secrecy those transactions were covered. "We are told that this 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 federal, others national. The senators are voted for by the State legislatures ; so far it is federal. In- dividuals choose the members of the first branch ; here it is national. It is federal in conferring general powers, but national in re- taining 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 ana- tomical description of it in its creation ? To all the common purposes of legislation it is a great consolidation of government. You p,re 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 right of having arms in your own defence : you cannot be trusted with dealing out justice between man and man. What shall the States have to 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 legislature will indeed be a ludicrous spectacle — one hun- dred and eighty men marching in solemn, farcical procession, exhibiting a mournful pi oof of the lost liberty of their country, without the power of restorin'g 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 in its origin. I beg gentlemen to consider ; lay aside your prejudices — is this a federal government! Is it not a consolidated government for every pur- pose almost ? Is the government of Virginia a State government, after this government is adopted ? I grant that it is a republican gov- ernment; hut for what purposes? For such trivial, domestic considerations, as render it unworthy the name of a legislature. I shall take leave of this political anatomy by observ- ing, that it is the most extraordinary that ever entered into the imagination of man. If our political diseases demand a cure, this is an unheard of medicine. The honorable member, I am convinced, wanted a name for it. Were your health in danger, would you take new medicine? I need not make use of these ex- clamations ; for every member in this committee must be alarmed at making new and unusual experiments in government. Let us have na- tional credit and a national treasury in case of war. You never can want national resources in time of war, if the war be a national one, if it be necessary, and this necessity be obvious to the meanest capacity. The utmost exertions will be used by the people of America in that case. A republic has this advantage over a monarchy, that its wars are generally founded on more just grounds. A republic can never enter into a war, unless it be a national war, unless it be approved of, or desired by the whole community. Did ever a republic fail to use the utmost resources of the commimity when a war was necessary ? I call for an ex- ample. I call also for an example, when a republic has been engaged in a war contrary to the wishes of its people. There are thousands of examples where the ambition of its prince has precipitated a nation into the most destruc- tive war. No nation ever withheld power when its object was just and right. I will hazard an observation : I find fault with the paper before you, because the same power that declares war, has the ability to carry it on. Is it so in England ? The king declares war : the house of commons gives the means of carrying it on. This is a strong check on the king. He will enter into no war that is unnecessary ; for the commons, having the power of withholding the means, will exercise that power, unless the object of the war be for the interest of the nation. How is it here? The Congress can both declare war and carry it on, and levy your money as long as you have a shilling to pay. I shall now speak a little of the colonial con- federacy which was proposed at Albany. Mas- sachusetts did not give her consent to the pro- ject at Albany so as to consolidate with the other colonies. Had there been a consolidation at Albany, where would have been their char- ter ? Would that confederacy have preserved their charter from Britain ? The strength and energy of the then designed government would have crushed American opposition. The American revolution took its origin from che comparative weakness of the British gov- ernment, not being concentred into one point. A concentration of the strength and interest ot the British government in one point, would have rendered opposition to its tyrannies fruit- less. For want of that consolidation do we now enjoy liberty, and the privilege of debating at this moment. I am pleased with the colo- nial establishment. The example which the honorable member has produced to persuade us to depart from our present confederacy, rivets me to my former opinion, and convinces me that consolidation must end in the destruction of our liberties. The honorable gentleman tias told us of our ingratitude to France. She does not intend to take payment by force. Ingratitude shall not be laid to my charge. I wish to see the friendship between this country and that mag- nanimous ally perpetuated. Eequisitions will enable us to pay the debts we owe to France and other countries. She does not desire us to go from our beloved republican government. The change is inconsistent with our engage- ments with those nations. It is cried out, that those in opposition wish disunion. This is not 38 PATRICK HENRY. true. They are the most strenuous friends to it. This government will clearly operate dis- union. If it be heard on the other side of the Atlantic, that you are going to disunite and dis- solve the confederacy, what says France ? Will she he indifferent to an event that will so radi- cally affect her treaties with us? Our treaty with her is founded on the confederation — we are hound to her as thirteen States confederated. What will become of the treaty? It is said that treaties will be on a better footing. How 80 ? Will the President, Senate, and House of Representatives be parties to them ? I cannot conceive how the treaties can be as binding, if the confederacy is dissolved, as they are now. Those nations will not continue their friend- ship then ; they will become our enemies. I look on the treaties as the greatest pillars of safety, if the house of Bourbon keeps us, we are safe. Dissolve that confederacy — who has you? — The British. Federalism will not pro- tect you from the British. Is a connection with that country more desirable ? I was amazed when gentlemen forgot the friends of America. I hope that this dangerous change will not be effected. It is safe for the French and Span- iards, that we should continue to be thirteen States ; but it is not so, that we should be con- solidated into one government. They have set- tlements in America ; will they like schemes of popular ambition ? Will they laot have some serious reflections? Yoti may tell them you have not changed your situation ; but they will not believe you. If there be a real check in- tended to be left on Congress, it must be left in the State governments. There will be some check, as long as the judges are incorrupt. As long as they are upright, you may preserve your liberty. But what will the judges deter- mine when the State and federal authority come to be contrasted? Will your liberty then be secure, when the congressional laws are de- clared paramount to the laws of your State, ^nd the judges are sworn to suj^ort them? r' I am constrained to make a few remarks on j the absurdity of adopting this system, and r^- j .ying on the chance of getting it amended af- (^ terwards. When it is confessed to be replete with defects, is it not offering to insult your understandings, 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 flrst to sign and seal, and then to retract? Is it possible to con- ceive 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 un- bound. Y'ou go into a dungeon — for what? To get out. Is there no danger when you go in, that the bolts of federal authority shaU shut you in? Human iiature never will part from power. Look for an example of a voluntary relinquishment of power, from one end of the globe to another — you will find none. Nine- tenths of our fellow-men have been, and are now, depressed by the most intolerable slavery, in the different parts of the world ; because th« strong hand of power has bolted them in the dungeon of despotism. Review the present situation of the nations of Europe, which is pretended to be the freest quarter of the globe. Oast your eyes on the countries called free there. Look at the country from which we are descended, I beseech you ; and although we are separated by everlasting, insuperable partitions, yet there are some virtuous people there who are friends to human nature and liberty. Look at Britain; see there the bolts and bars ot power ; see bribery and corraption defiling the fairest fabric that ever human nature reared. Can a gentleman, who is an Englishman, or who is acquainted with the English history, de- sire to prove these evils ? See the efforts of a man descended from a friend of America ; see the efforts of that man, assisted even by the king, to make reforms. But you find the faults too strong to be amended. Nothing but bloody war can alter them. Bee Ireland : that coun- try groaning from century to century, without getting their government amended. Previous adoption was the fashion there. They sent for amendments from time to time, but never ob- tained them, though pressed by the se.verest oppression, till eighty thousand volunteers de- manded them sword in hand — till the power ot Britain was prostrate ; when the American re- sistance was crowned with success. ShaU we do so ? If you judge by the experience of Ire- land, you must obtain the amendments as early as possible. But, 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 ? I shall make a few observations to prove that the power over elections, which is given to Con- gress, is contrived by the federal government ; that the people may be deprived of their proper influence in the government, by destroying the force and effect of their suffrages. Congress is to have a discretionary control over the time, place and manner of elections. The represent- atives are to be elected consequently when and where they please. As to the time and place, gentlemen have attempted to obviate the ob- jection, by saying that the time is to happen once in two years, and that the place is to be within a particular district, or in the respective counties. But how will they obviate the dan- ger of referring the manner of election to Con- gress? Those illumined genii may see that this may not endanger the rights of the peo- ple ; but to my unenlightened understanding, it appears plain and clear, that it will impair the popular weight of the government. Look at the Roman history. They had two ways of voting : the one by tribes, and the other by centuries. By the former, numbers prevailed : in the lat- ter, riches preponderated. According to the mode prescribed. Congress may tell you, that they have a right to make the vote of one gen- THE FEDERAL CONSTITUTION. 39 tleman go as far as the votes of one hundred poor men. The power over the manner admits of the most dangerous latitude. They may modify it as they please. They may regulate the number of votes by the quantity of property, without involving any repugnancy to the constitution. I should not have thought of this trick or con- trivance, had I not seen how the public liberty of Rome was trifled with by the mode of voting by centuries, whereby one rich man had as many votes as a multitude of poor men. The plebeians were trampled on till they resisted. The patricians trampled on the liberties of the plebeians, till the latter had spirit to assert their right to freedom and equality. The result of the American mode of election may be similar. Perhaps I shall be told, that I have gone through the regions of fancy ; that I deal in noisy exclamations, and mighty professions of patriotism. Gentlemen may retain their opin- ions ; 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 sentiments may appear ex- travagant, but I can tell you, that a number of ' my fellow-citizens have kindred sentiments; and I am anxious, if my country should come into the hands of tyranny, to exculpate myself from being in any degree the cause ; and to ex- ert my faculties to the utmost to extricate her. Whether I am gratified or not in my beloved form of government, I consider that the more she is plunged into distress, the more it is my duty to relieve her. Whatever may be the re- sult, I shall wait with patience till the day may come when an opportunity shall offer to exert myself in her cause. But I should be led to take that man for a lunatic, who should tell me to run into the adoption of a government avowedly defective, in hopes of having it amended afterwards. Were I about to give away the meanest par- ticle of my own property, I should act with more prudence and discretion. My anxiety and fears are great, lest America, by the adop tion of this system, should be cast into a fatb omless abyss. RICHARD HENRY LEE. Thb name of Lee occupies a prominent and honorable position in the political, religious and domestic history of the American colonies. Eichard, the great-grandfather of Richard Henry Lee, removed from England to Virginia, during the reign of Charles the First, and after making several voyages to his native country, finally settled in the county of Northumberland, between the valleys of the Rappahannock and Potomac rivers. During the civil war between Charles the First and the British Parliament, this Richard Lee, and Governor Sir William Berkeley, conducted, on the part of Virginia, the negotiations consequent upon her resistance to the armed ships and troops of Cromwell, which had been sent to reduce her to an allegiance. Unable to defend the colony against this force, but refusing fidelity to the Protector, they consummated a treaty, in which Virginia was styled an "independent dominion." On the death of Cromwell, Lee, with the assistance of Sir William Berkeley, procured a declaration, proclaiming Charles the Second " King of England, France, Scotland, Ireland and Virginia," two years previous to his restoration. For this manifestation of loyalty, Charles, after he was restored to his throne, ordered the arms of Virginia to be added to those of England, France, Scotland and Ireland, with the motto "^ndat Virginia quinta/m." After the union of England and Scotland, the arms of Virginia were quartered with those of England, &c., with the motto " En dat Virginia quartam;'''' and from these circumstances Virginia derived her title of " Ancient Dominion." In gratitude for the eminent services of Mr. Lee, Richard, his second son, was appointed to an honorable and influential seat in the king's council of Virginia. This oifice was transmitted to Tho- mas, the third son of the last mentioned Richard Lee, and the father of Richard Henry, the sub- ject of the present sketch. Richard Henry Lee was born on the twentieth day of January, 1732, in Westmoreland county, Virginia. At this period there were very few seminaries of learning in the colonies, at which , the higher branches of education were taught, therefore young Lee, after passing a few years under the ^are of a private tutor, was sent to England to complete his studies. At the age of nineteen, two years after the death of his father, in 1750, he returned to his native country, and for some time resided with his brother. Although at this time he passed his days in ease and pleasure, he was never idle. The extensive library his father had collected was his resort, antt among the books he found abundant resources to improve his intellect. He studied with pro- found admiration the classic histories of Greece am!' Rome, and from the story of their patriotic and republican ages, he derived that extensive fund of political knowledge which he so success- fully used in the service of the colonies, in after life. Thus prepared, Mr. Lee entered upon the field of public action. At the time England sent troops to protect the frontiers of the colonies from the predatory incursions of the Indians, who were employed by France to carry on the " seven years war " in America, Mr. Lee, on their arrival, marched at the head of a volunteer company to Alexandria, or Belhaven, on the Potomac, and tendered his services to the unfortu- nate General Braddock, who had command of the regulars. The general deeming the services of the provincials of little importance, declined to take them under his command, and Mr. Lee returned to his home. This occurred in 1755. In 1757 Mr. Lee was appointed a justice of the peace, and upon a petition from the other magistrates to the governor, he was made president RIOHAED HENRY LEE. 41 of the court. The same year he was elected to the House of Burgesses, in which position he became thoroughly versed in the laws of legislation, and the rules of parliamentary proceedings, For a long time, through want of confidence, and natural diflBdence, he took very little part in debate ; but the occasion arrived when he rose to a position among the first in ability and elo- quence. A bill was before the House " to lay so heavy a duty on the importation of slaves, as eifectually to stop the disgraceful traffic." It met with the strongest opposition. Mr. Lee spoke in favor of the imposition. "As the consequences, sir," said he, "of the determination which we must make in the subject of this day's debate, will greatly afiect posterity as well as our selves, it surely merits our most serious attention. If this be bestowed, it will appear both from reason and experience, that the importation of slaves into this colony, has been and will be attended with efiects dangerous to our political and moral interest. When it is observed that some of our neighboring colonies, though much later than ourselves in point of settlement, are now far before us in improvement, to what, sir, can we attribute this strange and unhappy truth ? The reason seems to be this — that with their whites they import arts and agriculture, while we with our blacks, exclude both. Nature has not particularly favored them with superior fertility of soil, nor do they enjoy more of the sun's cheering influence, yet greatly have they out- stripped us. * * * * In my opinion, not the cruelties practised in the conquest of Spanish America, not the savage barbarities of a Saracen, can be more big with atrocity than our cruel trade to Africa. There we encourage those poor ignorant people to wage eternal war against each other; not nation against nation, but father against son, children against parents, and brothers against brothers ; whereby parental and filial affection is terribly violated ; that by war, stealth or surprise, we Christians may be furnished with our fellow-creatures, who are no longei to be considered as created in the image of God, as well as ourselves, and equally entitled to liberty and freedom, by the great law of nature, but they are to be deprived, for ever deprived, of all the comforts of life, and to be made the most miserable of aU the human race. I have seen it observed by a great writer, that Christianity, by introducing into Europe the truest prin- ciples of humanity, universal benevolence and brotherly love, had happily abolished civil slavery. Let us who profess the same religion, practise its precepts, and by agreeing to this duty, convince the world that we know and practise our true interests, and that we pay a proper regard to the dictates of justice and humanity." Mr. Lee's eloquence on this occasion was highly applauded, but the principles he advocated were not popular, and the bill waa rejected. The next important service rendered by Mr. Lee, was the exposure of the frauds and corrup- tions practised by Mr. Robinson, the treasurer of the colony of Virginia. Mr. Robinson was a man of immense wealth and social power, and was very popular with the aristocratic party, of which ks was a member.* These circumstances, together with that of his occupying the speaker's chair in the House of Burgesses, before whom Mr. Lee was to speak, required great boldness, energy and sagacity to introduce the investigation successfully. This he accomplished with the skill of a master, Kad proved clearly that the treasurer had been guilty of re-issuing reclaimed treasury bUls, to his friends and favorites to support their extravagance ; thereby de- frauding the colony. "When Patrick Henry proposed his resolutions in 176S, against the Stamp Act, Mr. Lee lent the full force of his splendid mind and eloquence to their support. In the debate upon this im- portant act people knew not which most to admire; the overwhelming might of Henry or the resistless persuasion of Lee. Mr. Lee also contributed powerful articles against the " odious act," to the newspapers of the day, and he furnished an array of arguments against it to his friends in England, that were~sufflcient to convince every one of the ruinous policy of the measure. His letters about this period are the embodiment of energy and patriotism. In one addressed to John Dickinson, dated July 25th, 1768, in speaking of the declaratory act which ac- companied the repeal of the Stamp Act, as a just cause of complaint to the colonies, he says : — * At this time two parties divided the House of Burgesses. Although they could not he strictly termed "whig and tory," they were called aristocratic and republican. Mr. Lee was a firm and ardent republican, in the sense in wliich that ord might be applied to Cato or Hampden. 42 KIOHAED HENRY LEE. "To prevent the success of this unjust system, an union of counsel and action among all the col onies, is undoubtedly necessary. The politician of Italy delivered the result of reason aiid ex- perience, when he proposed the way to conquest, ly division. How to effect this union, in the wisest and firmest manner, perhaps, time and much reflection only can show. But well to un- derstand each other, and timely to be informed of what passes both here and in Great Britain, it would seem that not only select committees should be appointed by all the colonies, but that a private correspondence should be conducted between the lovers of liberty in every province."* Early in 1769 Mr. Lee introduced into the House of Burgesses, resolutions "denying the right of the mother country to bind the colonies in any case whatever," and firmly remonstrated against the act authorizing the crown to have " the inhabitants of the colonies transported to England to be tried for offences alleged to have been committed in the colonies." These resolutions were considered by the friends of the Crown as seditious, and the Governor dis- solved the House so soon as he was informed of their adoption by that body. On the disso- lution of the assembly, the members convened at a private house, where they drew up articles of convention, agreeing not to import or encourage in any way British manufactures, while the revenue acts remained in force. In the enforcement of these measures Mr. Lee was very active. In his own family he strictly adhered to the articles, and he was vigilant in watching those whom he suspected of a reluctant acquiescence. " To the domestic loom he had recourse for clothing for himself and family, and for 'wine and oil' he resorted to his own hUls.'' The years 1770 and 1771 passed away in comparative quiet. Mr. Lee during this time wisely persevered in the course he had marked out; continued his correspondence and widely spread the information, respecting the probable intentions of the ministry, which he was continually receiving from England, through the vigilance of his brother, Arthur Lee.t In 1772 Parliament determined to establish in the colonies, courts with admiralty jurisdiction and powers. By this proceeding trial by jury was suspended, and the property and lives of the colonists placed at the mercy of judges who were to be appointed by the Crown. Mr. Lee opposed this mea- sure, in the House of Burgesses, and proposed to address an humble petition to his majesty, which, after reciting the grievances of the colonists, should pray, "that he would be most gra- ciously pleased to recommend the repeal of the acts passed for the purpose of raising a revenue in America, and for subjecting American property to the determination of admiralty courts, where the constitutional trial by jury is not permitted." On the assembling of Congress at Philadelphia, on the fourth of September, 1774, Mr. Lee took his seat in that body together with George Washington and Patrick Henry, who with him had been deputed delegates from the colony of Virginia. In this august assembly, and through- out his Congressional career, Mr. Lee distinguished himself by the boldness of his propositions, * By this letter it appears Mr. Lee devised a plan of having committees of correspondence between tlie colonial assem- blies and of private corresponding clnbs, as early as 1763, and this is in support of General Gadsden of South Carolina, who, a few years previous to his death, remarked on a public occasion, that Eichard Henry Lee had invited him to become a member of a private corresponding society, aa early as the year 176^ which he (Mr. Lee) was endeavoring to establish be- tween the influential men of the colonies. He stated that Mr. Lee described his object to be, to obtain a mutual pledge from the members to write for the public journals or the papers of their respective colonies, and converse with and inform the people on the subject of their rights and their wrongs, and upon all seasonable occasions to impress upon their minds the necessity of a struggle with Great Britain, for the ultimate establishment of independence.— ;- berj, declared upon his examination, " that he was present when the said mayor desired Mason to endeavor to burn Gov- ernor Clinton's house in the course of the summer ; that the mayor gave him a description of its situation, and who lived in it ; that Mason replied, ' he should have a little patience and it should be effected.' That the mayor told Mason^ Ward^ Ea&r^, and Ha/r&mig^ four of his fellow-robbers, (that is, either Mr. Allen's or Mr. Mayor's, as the reader pleases,) that It was a pity they could not lay some plot, and bring that rascal GoverTwr JUmmgsUm. They replied that they had planned matters so in fhai quarter^ that they would have him in less than two months ; and that they had proper connections \T ihat qnarter for that purpose." * MS. letter in N. J. State Library : Sedgwick's Life of Livingston, page 263. t Sedgwick's Life of Livingston, page 878. B8 WILLIAM LIVINGSTON. SPEECH TO THE NEW .JERSEY LEGISLATURE. The British soldiery in their march through New Jersey in 1776, committed the most bru- tal outrages upon the inhabitants of that State. They wantonly destroyed the property they could not carry away, and spread desolation wherever they went. At the same time a spirit of disaffection manifested itself in that colony, arising partly from the irregular state of the militia, who, from the ineflSciency and bad ex- ample of their officers, were allowed to plun- der many of the inhabitants on pretence of their being tories ; and partly from a fondness for the British constitution, and an idea that Great Britain was irresistible and would finally conquer. The following speech, treating of these affairs, was delivered to the New Jersey Assembly on the twenty-eighth of February, 1777: GEkiLEMEN : Having already laid before the Assembly, by messages, the several matters that have occurred to me, as more particularly de- manding their attention, during the present ses- sion, it may seem less necessary to address you in the more ceremonious form of a speech. But, conceiving it my duty to the State, to de- liver my sentiments on the present situation of affairs, and the eventful contest between Great Britain and America, which could not, with any propriety, be conveyed in occasional mes- sages, you will excuse my giving you the trouble of attending for that purpose. After deploring with you the desolation spread through this State, by an unrelenting euamy who have, indeed, marked their progress with a de- vastation unknown to civilized nations, and evincive of the most implacable vengeance, I heartily congratulate you upon that subsequent series of success, wherewith it hath pleased the Almighty to crown the American arms ; and par- ticularly on the important enterprise against the enemy at Trenton and the signal victory obtained over them at Princeton, by the gallant troops under the command of his Excellency General Washington. Considering the contemptible fig- nre they make at present, and the disgust they have given to many of their own confederates amongst us, by their more than Gothic ravages, (for thus doth the great Disposer of events often deduce good out of evil,) their irruption into our dominion will probably redound to the public benefit. It has certainly enabled us the more effectually to distinguish our friends from our enemies. It has winnowed the chaff from the grain. It has discriminated the temporizing politician, who, at the first appearance of dan- gei', was determined to secure his idol, proper- ty, at the hazard of the general weal, from the persevering patriot, who, having embarked his aU in the common cause, chooses rather to risk, rathei' to lose that all, for the preservation of the more estimable treasure, liberty, than to possess it, (enjoy it he certainly could not,) upon the ignominious terms of tamely resign- ing his country and j-: sterity to perpetual ser- vitude. It has, in a word, opened the eyes of those who were made to believe that their im- pious merit, in abetting our persecutors, would exempt them from being involved in the gene- ral calamity. But as the rapacity of the enemy was boundless, their havoc was indiscriminate, and their barbarity unparalleled. They have plundered friends and foes. Effects, capable of division, they have divided. Such as wera not, they have destroyed. They have warred upon decrepit age; warred upon defenceless youth. They have committed hostilities against the professors of literature, and the ministers of religion ; against public records and private monuments, and books of improvement, and papers of curiosity, and against the arts and sciences. They have butchered the wounded, asking for quarter ; mangled the dying, welter- ing in their blood ; refused to the dead the i-ites of sepulture; suffered prisoners to perish for want of sustenance; violated the chastity of women; disfigured private dwellings of taste and elegance ; and, in the rage of impiety and barbarism, profaned and prostrated edifices ded ■ icated to Almighty God. ' And yet there are amongst us, who, either from ambitious or lucrative motives, or intimi- dated by the terror of their arms, or from a partial fondness for the British constitution, or deluded by insidious propositions, are secretly abetting, or openly aiding their machinations to deprive us of that liberty, without which man is a beast, and government a curse. Besides the inexpressible baseness of wishing to rise on the ruins of our country, or to acquire riches at the expense of the liberties and for- tunes of maiions of our fellow-citizens, how soon would these delusive dreams, upon the conquest of America, end in disappointment? For where is the fund to recompense those re- tainers to the British army ? Was every estate in America to be confiscated, and converted into cash, the product would not satiate the avidity of their national dependants, nor furnish an adequate repast for the keen appetites of their oyn ministerial beneficiaries. Instead of gratuities and promotion, these unhappy accomplices in their tyranny, would meet with supercilious looks and cold disdain ; and, after tedious attendance, be finally told by their haughty masters, that they, indeed approved the treason, but despised the traitor. Insulted, in fine, by their pretended protectors, but real betrayers, and goaded with the stings of their own consciences, they would remain the fright- SPEEOn TO THE NEW JERSEY LEGISLATURE. 89 fill monuments of contempt and divine indig- nation, and linger out the rest of their days in self-condemnation and remorse ; and, in weep- ing over the ruins of their country, which themselves had been instrumental in reducing to desolation and bondage. Others there are, who, terrified by the power of Britain, have persuaded themselves, that she is not only formidable, but irresistible. That her power is great, is beyond question ; that it is not to be despised, is the dictate of common prudence. But, then, we ought also to consider her, as weak in council, and ingulfed in debt ; reduced in her trade ; reduced in her revenue ; immersed in pleasure ; enervated with luxury ; and, in dissipation and venality, surpassing all Europe. We ought to consider her as hated by a potent rival, her natural enemy, and par- ticularly exasperated by her imperious conduct in the last war, as well as her insolent manner of commencing it ; and thence inflamed with resentment, and only watching a favorable juncture for open hostilities. We ought to consider the amazing expense and difiiculty of transporting troops and provisions above three thousand miles, with the impossibility of re- cruiting their army at a loss distance ; save only with such recreants, whose conscious guilt must, at the first approach of danger, appal the stoutest heart. Those insuperable obstacles are known and acknowledged by every virtuous and impartial man in the nation. Even the author of this horrid war, is incapable of con- cealing his own confusion and distress. Too great to be wholly suppressed, it frequently discovers itself in the course of his speech — a speech terrible in word, and fraught with con- tradiction ; breathing threatenings and betray- ing terror ; a motley mixture of magnanimity and consternation, of grandeur and abasement. With troops invincible, he dreads a defeat, and wants reinforcements. Victorious in America, and triumphant on the ocean, he is a humble dependent on a petty prince ; and apprehends an attack upon his own metropolis ; and, with fuU confidence in the friendship and alliance of France, he trembles upon his throne at her secret designs and open preparations. With all this, we ought to contrast the nu- merous and hardy sons of America, inured to toil, seasoned alike to heat and cold, hale, ro- bust, patient of fatigue, and, from their ardent love of liberty, ready to face danger and death ; the immense extent of continent, which our in- fatuated enemies have undertaken to subjugate ; the remarkable unanimity of its inhabitants, notwithstanding the exception of a few apos- tates and deserters ; their unshaken resolution to maintain their freedom or perish in the attempt ; the fertility of our soil in all kinds of provisions necessary for the support of war ; our inexhaustible internal resources for mili- tary stores and naval armaments ; our com- parative economy in public expenses ; and the millions we save by having reprobated the further exchange of our valuable staples for the worthless baubles and finery of English manufacture. Add to this, that in a cause so just and righteous on our part, we have the highest reason to expect the blessing of Heaven upon our glorious conflict. For, who can doubl the interposition of the Supremely Just, in fa- vor of a people, forced to recur to arms in de- fence of every thing dear and precious, against a nation deaf to our complaints, rejoicing in our misery, wantonly aggravating our oppres- sions, determined to divide our substance, and, by fire and sword, to compel us into sub- mission ? Respecting the constitution of Great Britain, bating certain royal prerogatives of dangerous tendency, it has been applauded by the best judges ; and displays, in its original structure, illustrious proofs of wisdom and the knowledge of human nature. But what avails the best constitution with the worst administration? For, what is their present government, and what has it been for years past, but a pensioned confederacy against reason, and virtue, and ho- nor, and patriotism, and the rights of man? What were their leaders, but a set of political craftsmen, fiagitiously conspiring to erect the babel, despotism, upon the ruins of the ancient and beautiful fabric of law ; a shameless cabal, notoriously employed in deceiving the prince, corrupting the parliament, debasing the people, depressing the most virtuous, and exalting the most profligate; in short, an insatiable junto of public spoilers, lavishing the national wealth, and, by peculation and plunder, accumulating a debt already enormous ? And what was the majority of their parliament, formerly the most august assembly in the world, but venal pen- sioners to the Crown; a perfect mockery of all popular representation ; and, at the abso- lute devotion of every minister ? What were the characteristics of their administration of the provinces? The substitution of regal in- structions in the room of law ; the multiplica- tion of officers to strengthen the court inter- est ; perpetually extending the prerogatives of the king, and retrenching the rights of the subject; advancing to the most eminent sta- tions men, without education, and of the most dissolute manners; employing, with the peo- ple's money, a band of emissaries to misrepre- sent and traduce the people ; and, to crown the system of misrule, sporting our persons and estates, by filling the highest seats of justice with bankrupts, bullies, and blockheads. From such a nation, (though aU this we bore, and should perhaps have borne for another cen- tury, had they not avowedly claimed the un- conditional disposal of life and property,) it is evidently our duty to be detached. To remain happy or safe, in our connection with her, be came thenceforth utterly impossible. She is moreover precipitating her own fall, or the age of miracles is returned, and Britain a phenome- non in the political world, without a parallel. The proclamations to ensnare the timid and credulous, are beyond expression disingenuous 90 WILLIAM LIVINGSTON. and tantalizing. In a gilded pill they conceal real poison ; they add insult to injury. After repeated intimations of commissioners to treat with America, we are presented, instead of the peaceful olive-hranch, with the devouring sword : instead of heing visited by plenipotentia- ries to bring matters to an accommodation, we are invaded by an army, in their opinion, able to subdue us. And upon disoovering their er- ror, the terms propounded amount to this: "If you win submit without resistance, we are con- tent to take your property, and spare your lives; and then (the consummation of arro- gance!) we win graciously pardon you, for hav- ing hitherto defended both." Considering, then, their bewildered councils, their blundering ministry, their want of men and money, their impaired credit and declining commerce, their lost revenues and starving islands, the corruption of their Parliament, with the effeminacy of their nation, and the success of their enterprise is against all proba- bility. Considering further, the horrid enor- mity of their waging war against their own brethren, expostulating for an audience, com- plaining of injuries, and supplicating for re- dress, and waging it with a ferocity and ven- geance unknown to moderate ages, and con- trary to all laws, human and divine ; and we can neither question the justice of our opposi- tion, nor the assistance of Heaven to crown it with victory. Let us not, however, presumptuously rely on the interposition of Providence, without exert- ing those efforts which it is our duty to exert, and which our bountiful Creator has enabled us to exert. Let us do our part to open the next campaign with redoubled vigor ; and until the United States have humbled the pride of Britain, and obtained an honorable peace, cheerfully furnish our proportion for continu- ing the war — a war, founded, on our side, in the immutable obligation of self-defence, and in support of freedom, of virtue, and every thing tending to ennoble our nature, and render a people happy; on their part, prompted by boundless avarice, and a thirst for absolute sway, and built on a claim repugnant to every principle of reason and equity — a claim sub- versive to all liberty, natural, civil, moral and religious ; incompatible with human happiness, and usurping the attributes of Deity, degrading man and blaspheming God. Let us all, therefore, of every rank and de- gree, remember our plighted faith and honor, to maintain the cause with our lives and for- tunes. Let us inflexibly persevere in prosecu- ting, to a happy period, what has been so glo- riously begun, and hitherto so prosperously conducted. And let those in more distinguish- ed stations use all their influence and authority to rouse the supine, to animate the irresolute, to confirm the wavering, and to draw from his lurking hole the skulking neutral, who, leaving to others the heat and burden of the day, means in the final result to reap the fruits of that vic- tory for which he will not contend. Let us be peculiarly assiduous in bringing to condign punishment those detestable parricides, who have been openly active against their country. And may we, in aU our deliberations and pro- ceedings, be infiuenced and directed by the great Arbiter of the fate of nations, by whom empires rise and fall, and who will not always suffer the sceptre of the wicked to rest on the lot of the righteous, but in due time avenge an injured people on their unfeeling oppressor and his bloody instruments. •tsssms^-./yirs^ .<^ 3 FISHER AMEb. FiSHEB Ames was born at Dedlam, in Norfolk County, Massachusetts, en the ninth of April, 1758. He was descended from one of the oldest families in the province. His father, Nathaniel Ames, was a physician of some eminence. To his skill in his profession he added a knowledge of astronomy and mathematics, and for several years published an almanac or An Astronomical Diary, which was " yearly sought for on account of the correct calculations, trite maxims, and the strict morality which filled its interstices." At an early age Fisher Ames exhibited an ardent fondness for classical literature. When only six years old he commenced the study of Latiii, and although experiencing great disad- vantages from a frequent change of instructors, he made rapid improvement, and was admitted to Harvard College in the year 1770, shortly after the completion of his twelfth year. While at college he was remarkable for his application and industry during the hours devoted to study, and for his vivacity and animation during those set apart for relaxation and pleasure. From the geniality and modesty of his character, he soon acquired the friendship of all around him. He was a member of a society which had been formed by the students for improvement in elocu- tion. "It was early observed that he coveted the glory of eloquence. In his declamation be- fore this society, he was remarked for the energy and propriety with which he delivered such specimens of impassioned oratory as his genius led him to select. His compositions at this time bore the characteristic stamp which has always marked his speaking and writing. They were sententious and full of ornament." In 1774 Mr. Ames graduated, and for a short time devoted himself to teaching, occupying the hours in which he was relieved from that employment in re- viewing the classics he had studied at college, and in reading ancient and modern history, as well as " some of the best novels." He was a great lover of poetry, and became familiar with all the principal English writers in that branch of literature. He dwelt with enthusiasm upon the beauties of Milton and Shakspeare, and held in memory many of their choicest passages. This course of reading helped to furnish " that fund of materials for speaking and writing which he possessed in singular abundance, his remarkable fertility of allusion, and his ability to evolve a train of imagery adapted to every subject of which he treated." Mr. Ames pursued a course of law under the care of William Tudor,* of Boston, and in the fall of the year 1781 commenced practice in his native town. The affairs of government soon attracted his attention. On the twelfth of October, 1786, appeared from his pen a speculation upon the state of politics in Massachusetts, under the title of Lucius Junius Brutus, and in March of the year following he published two more pieces touching upon the same points, under the title of Oamillus. These productions gave Mr. Ames much renown ; "the leading men ol the State turned their eyes to him as one destined to render the most important services to the * William Tudor, a sou of John Tudor, was born at Boston, Massachusetts, on the 28th of March, ITfiO. He graduated tt Harvard College in 1769, studied law with John Adams, and was admitted to practice in 1772. In the army of the Eevolution he held the commission of a colonel, and from 1775 to 1778 he was judge-advocate-general. He was a member »f the House and Senate, and in 1809 and 1810 the Secretary of State. Of the Massachusetts Historical Society he was one •f the founders. He died in July, 1808.— ioHfte''B Boston Orators : Mass, Bist. CollectiOTis. 92 FISHER AMES. country." In 1788 he was chosen to the State legislature, in which assembly he advocated im portant educational measures, in view of elevating the character of the great mass of the people, and rendering them capable of higher enjoyments. In 1789 he was elected a member of the first Congress under the constitution, in which body he remained during the eight years oi Washington's administration. He was a strong advocate of the federal policy, and on every question of importance took an active part. He opposed the commercial resolutions of Mr. Madison, because he thought " that commerce could not be served by regulations, which should oblige us to ' sell cheap and buy dear,' and he inferred that the effect of the resolutions could only be to gratify partialities and resentments, which all statesmen should discard." In April, 1796, he delivered Ms celebrated speech on the appropriation for Jay's Treaty, a production full of the deepest pathos and richest eloquence.* At the termination of the session of Congress, Mr. Ames travelled at the south for his health, which had for many months been gradually sink- ing. On his partial recovery, he took his seat at the neit session, and entered upon the duties of his office. At the end of this session he returned to his home at Dedham, and declin- ing a re-election, took upon himself the practice of his profession. He continued writing politi cal essays during the remainder of his life, all of which bear the mark of the statesman and ripe scholar. In the year 1804 he was called to the chair of the presidency of Harvard College, which honor he declined on account of failing health, and a consciousness that his habits were not adapted to the ofSce. On the morning of the Fourth of July, 1808, he expired, having just completed the fiftieth year of his age.t MADISON'S RESOLUTIONS. The House of Eepresentatives, on the third of January, 1794, resolved itself into a Com- mittee of the Whole, on the report of Mr. Jef- ferson, Secretary of State, " On the nature and extent of the privileges and restrictions of the commercial intercourse of the United States with foreign nations, and the measures which he thought proper to be adopted for the im- provement of the commerce and navigation of the same,'' when Mr. Madison introduced a se- ries of resolutions, proposing to impose "fur- ther restrictions and higher duties, in certain * Dr. Charles Caldwell, in Ms autobiography, thus speaks of Ames's eloquence : " He was decidedly one of the most splendid rhetoricians of the age. Two of his speeches, in a special manner — that on Jay's treaty, and that usually called his ' Tomahawk speech ' (because it included some resplen- dent passages on Indian massacres) — were the most bril- liant and fascinating specimens of eloquence I have ever heard ; yet have I listened to some of the most celebrated speakers in the British Parliament — among others, to Wil- berforce and Mackintosh, Plunket, Brougham, and Canning : and Dr. Priestley, who was familiar with the oratory of Pitt the father and Pitt the son, and also with that of Burke and Fox, made to myself the acknowledgment that, in his own words, the speech of Ames, on the British treaty, was the most bewitching piece of parliamentary oratory he had ever listened to." t In the preparation of this sketch, the editor has relied mainly on Mr. Ki rkland's chaste memoir of Mr. Ames, which is attached to the xmblished works of that eminent orator. cases, on the manufactures and navigation of foreign nations, employed in the commerce of the United States, than those now imposed."* On these resolutions Mr. Ames addressed the committee on the twenty-seventh of January, as follows : Me. Chairman : The question lies within this eoinpass: is there any measure proper to be adopted by Congress, which will have the ef- fect to put our trade and navigation on a better footing ? If there is, it is our undoubted right to adopt it, (if by right is understood the power of self-government, which every independent nation possesses,) and our own as completely as =•' Mr. Madison, in explanation of his motives and views, spoke of the security and extension of our commerce as a principal object for which the federal government was formed. He urged the tendency of his resolutions to secure to us an equitable share of the carrying trade ; that they would enable other nations to enter into competition with England for supplying us with manufactures ; and in this way he insisted that our country could make her enemies . feel the extent of her power, by depriving those who manu- factured for us of their bread. He adverted to the measures enforced by a certain nation contrary to our maritime rights, and out of the proceeds of the extra impositions proposed, he recommended a reimbursement to our citizens of theii losses arising from those measures. He maintained that il the nation cannot protect the rights of its citizens, it ought to repay the damage; and that we are bound to obtain reparation for the injustice of foreign nations to our citizen& or to compensate them ourselves.— .4»4e8'« Works, page 24 MADISON'S RESOI;UTIONS. 93 any other ; it is our duty also, for we are the depositaries and the guardians of the interests of our constituents, which, on every considera- tion, ought to be dear to us. I make no doubt they are so, and that there is a disposition suf- ficiently ardent existing in this body, to co- operate in any measures, for the advancement of the common good. Indeed, so far as I can judge from any knowledge I have of human nature, or of the prevailing spirit of public transactions, that sort of patriotism which makes us wish the general prosperity, when our private interest does not happen to stand In the way, is no uncommon sentiment. In truth, it is very like self-love, and not much less prevalent. There is little occasion to ex- cite and inflame it. It is, like self-love, more apt to want intelligence than zeal. The danger is always, that it will rush blindly into embar- rassments, which a prudent spirit of inquiry might have prevented, but from which it will scarcely find means to extricate us. While therefore the right, the duty, and the inclina- tion to advance the trade and navigation of the United States, are acknowledged and felt by us all, the choice of the proper means to that end is a matter requiring the most circumspect in- quiry, and the most dispassionate judgment. After a debate has continued a long time, the subject very frequently becomes tiresome before it is exhausted. Arguments, however solid, urged by different speakers, can scarcely fail to render the discussion both complex and diffusive. "Without pretending to give to my arguments any other merit, I shall aim at sim- plicity. We hear it declared, that the design of the resolutions is to place our trade and navigation on a better footing. By better footing, we are to understand a more profitable one. Profit is a plain word, that cannot be misunderstood. We have, to speak in round numbers, twenty million dollars of exports annually. To have the trade of exports on a good footing, means nothing more than to sell them dear ; and con- sequently, the trade of import on a good foot- ing, is to buy cheap. To put them both on a better footing, is to sell dearer and to buy cheap- er than we do at present. If the effect of the resolutions will be to cause our exports to be sold cheaper, and our imports to be bought dearer, our trade will suffer an injury. It is hard to compute how great the injury would prove ; for the first loss of value in the buying dear, and selling cheap, is only the symptom and beginning of the evil, but by no means the measure of it ; it wiU withdraw a great part of the nourishment that now sup- plies the wonderful growth of our industry and opulence. The difference may not amount to a great proportion of the price of the articles, but it may reach the greater part of the profit of the producer; it may have effects in this way which will be of the worst kind, by dis- couraging the products of our land and indus- try. It is to this test I propose to bring the resolutions on the table ; and if it shall clearly appear, that they tend to cause our exports tc be sold cheaper, and our imports to be bought dearer, tliey cannot escape condemnation. Whatever specious show of advantage may be given them, they deserve to be called aggrava- tions of any real or supposed evils in our com- mercial system, and not remedies. I have framed this statement of the question so as to comprehend the whole subject of de- bate, and at the same time, I confess it was my design to exclude from consideration a number of topics which appear to me totally irrelative to it. The best answer to many assertions we have heard is, to admit them without proof. We are exhorted to assert our natural rights ; to put trade on a respectable footing ; to dictate terms of trade to other nations ; to engage in a contest of self-denial, and by that, and by shift- ing our commerce from one country to ano- ther, to make our enemies feel the extent of our power. This language, as it respects the pro- per subject of discussion, means nv^thing, or what is worse. If our trade is already on a profitable footing, it is on a respectable one. Unless war be our object, it is useless to in- quire, what are the dispositions of any govern- ment, with whose subjects our merchants deal to the best advantage. While they will smoke our tobacco, and eat our provisions, it is very immaterial, both to the consumer and the pro- ducer, what are the politics of the two coun- tries, excepting so far as their quarrels may dis- turb the benefits of their mutual intercourse. So far, therefore, as commerce is concerned, the inquiry is, have we a good market? The good or bad state of our actual market is the question. The actual market is every where more or less a restricted one, and the natural order of things is displaced by the artificial. Most nations, for reasons of which they alone are the rightful judges, have regulated and re- stricted their intercourse, according to their views of safety and profit. We claim for our- selves the same right, as the acts in our statute book, and the resolutions on the table evince, without holding ourselves accountable to any other nation whatever. The right, which we properly claim, and which we properly exer- cise, when we do it prudently and usefully for our nation, is as well established, and has been longer in use in the countries of which we com- plain, than in our own. If their right is as good as that of Congress, to regulat^ and re- strict, why do we talk of a strenuous exertion of our force, and by dictating terms to nations, who are fancied to be physically dependent on America, to change the policy of nations ? It may be very true, that their policy is very wise and good for themselves, but not as favorable for us as we could make it, if we could legis- late for both sides of the Atlantic. The extravagant despotism of this language accords very ill with our power to give it ef- fect, or with the affectation of zeal for an un- 94 FISHER AMES. limited freedom of commerce. Suoli a state of absolute freedom of commerce never did exist, and it is very much to be doubted whether it ever will. Were I invested with the trust to legislate for mankind, it is very probable the first act of my authority would be fo throw all the restrictive and prohibitory laws of trade into the fire; the resolutions on the table would not be spared. But if I were to do so, It is probable I should have a quarrel on my hands with every civilized nation. The Dutch would claim the monopoly of the spice trade, for which their ancestors passed their whole lives In warfare. The Spaniards and Portuguese would be no less obstinate. If we calculate what colony monopolies have cost in wealth, in suffering, and in crimes, we shall say they were dearly purchased. The English would plead for their navigation act, not as a source of gain, but as an essential means of securing their independence. So many interests would be disturbed, and so many lost, by a violent change from the existing to an unknown order of things ; and the mutual relations of nations, in respect to their power and wealth, would suffer such a shock, that the idea must be al- lowed to be perfectly Utopian and wild. But for this country to form the project of changing the policy of nations, and to begin the abolition of restrictions by restrictions of its own, is equally ridiculous and inconsistent. Let every nation that is really disposed to extend the liberty of commerce, beware of rash and hasty schemes of prohibition. In the af- fairs of trade, as in most others, we make too many laws. We foUow experience too little, and the visions of theorists a great deal too much. Instead of listening to discourses on what the market ought to be, and what the schemes, which always promise much on pa- per, pretend to make it, let us see what is the actual market for our exports and imports. This will bring vague assertions and san- guine opinions to the test of experience. That rage for theory and system, which would en- tangle even practical truth in the web of the brain, is the poison of public discussion. One fact is better than two systems. The terms on which our exports are received in the British market, have been accurately ex- amined by a gentleman from South Carolina, (Mr. William L. Smith.) Before his statement of facts was made to the conmaittee, it was urged, and with no little warmth, that the sys- tem of England indicated her inveteracy to- wards this country, while that of France, spring- ing from disinterested affection, constituted a claim for gratitude and self-denying measures of retribution. Since that statement, however, that romantic style, which is so ill adapted to the subject, has been changed. We hear it insinuated, that the comparison of the footing of our exports, in the markets of France and England, is of no im- portance; that it is chiefly our object to see how we may assist and extend our commerce. This evasion of the force of the statement, or rather this indirect admission of its authority, establishes it. It wUl not bo pretended, that it has been shaken during the debate. It has been made to appear, beyond contra- diction, that the British market for our exports, taken in the aggregate, is a good one ; that it is better than the French, and better than any we have, and for many of our products the only one. The whole amount of our exports to the British dominions, in the year ending the 30th September, 1790, was nine million two hun- dred and forty-six thousand six hundred and six dollars. But it will be more timple and satisfactory to confine the inquiry to the articles following : breadstuff, tobacco, rice, wood, the produce of the fisheries, fish oil, pot and pearl ash, salted meats, indigo, live animals, flax seed, naval stores, and iron. The amount of the beforementioned articles exported in that same year to the British do- minions, was eight million four hundred and flfty-seven thousand one hundred and seventy three dollars. We have heard so much of restriction of in- imical and jealous prohibitions to cramp our trade, it is natural to scrutinize the British sys- tem, with the expectation of finding little be- sides the effects of her selfish and angry policy. Yet of the great sum of nearly eight millions and a half, the amount of the products before- mentioned sold in her markets, two articles only are dutied by way of restriction. Bread stuff is dutied so high in the market of Grea Britain as, in times of plenty, to exclude it, and this is done from the desire to favor her own farmers. The mover of the resolutions justi- fied the exclusion of our breadstuff from the French West Indies by their permanent regula- tions, because, he said, they were bound to pre- fer their own products to those even of the United States. It would seem that the same apology would do for England in her home market. But what will do for the vindication of one nation becomes invective against an- other. The criminal nation however receives our breadstuff in the West Indies free, and ex- cludes other foreign, so as to give our producers the monopoly of the supply. This is no merit in the judgment of the mover of the resolutions, because it is a fragment of her old colony sys- tem. Notwithstanding the nature of the duties on breadstuff in Great Britain, it has been clearly shown that she is a better customer for that article in Europe than her neighbor France. The latter, in ordinary times, is a poor customer for breadstuff, for the same reason that our own country is, because she produces it herself, and therefore France permits it to be imported, and the United States do the like. Great Britain often wants the article, and then she receives it ; no country can be expected to buy what it does not want. The breadstuff sold in the European dominions of Britain, in the yeai MADISON'S RESOLUTIONS. 95 1790, amounted to one million eighty-seven thousand eight hundred and forty dollars. Whale oil pays the heavy duty of eighteen pounds three shillings sterling per ton; yet spermaceti oil found a market there to the value of eighty-one thousand and forty-eight dollars. Thus it appears, that of eight millions and a half sold to Great Britain and her dominions, only the value of one million one hundred and sixty-eight thousand dollars was under duty of a restrictive nature. The breadstuff is hardly to he considered as within the description ; yet, to give the argument its full force, what is it ? about one-eighth part is restricted. To proceed with the residue : Indigo to the amount of $478,380 Live animals to the West Indies .... 62,415 Flax-seed to Great Britain 219,924 Total $T66,169 These articles are received duty free, which is a good foot to the trade. Yet we find, good as it is, the bulk of our exports is received on even better terms : Flour to the British West Indies, .... $858,006 Grain 278,505 Free — while other foreign flour and grain are prohihited. Tobacco to Great Britain, 2,754,493 Ditto to the West Indies, 22,816 One shilling and three pence sterling, duty ; three shillings and sixpence on other foreign tobacco. In the West Indies, other foreign tobacco is prohibited. Eiee to Great Britain, . . . i. . . 778,852 Seven shillings and four pence per cwt. duty ; eight shillings and- ten pence on other foreign rice. To West Indies, 180,077 Other foreign rice prohibited. Wood to Great Britain 240,174 Free — higher duty on other foreign. To West Indies 382,481 Free — other foreign prohibited. Pot and pearl ashes, ...... 747,076 Free — two shillings and threepence on other foreign, equal to ten dollars per ton. Naval stores to Great Britain, .... 190,670 Higher duties on other foreign. To West Indies, 6,162 Free — other foreign prohibited. Iron to Great Britain, ... . . 81,612 Free— duties on other foreign. $6,510,926 Thus it appears that nearly seven-eighths of the exports to the British dominions are re- ceived on terms of positive favor. Foreigners, our rivals in the sale of these articles, are either absolutely shut out of their market by prohibi- tions, or discouraged in their competition with us by higher duties. There is some restriction, it is admitted, but there is, to balance it, a large amount received duty free ; and a half goes to the account of privilege and favor. This is better than she treats any other foreign nation. It is better, indeed, than she treats her own subjects, because they are by this means deprived of a free and open market. It is bet- ter than our footing with any nation with whom we have treaties. It has been demonstratively shown, that it is better than the footing on which France receives either the like articles, or the aggregate of our products. The best proof in the world is, that they are not sent to France. The merchants will find out the best market sooner than we shall. The footing of our exports, under the British system, is better than that of their exports to the United States, under our system. Nay, it is better than the freedom of commerce, which is one of the visions for which our solid pros- perity is to be hazarded ; for, suppose we could batter down her system of prohibitions and re- strictions, it would be gaining a loss ; one-eighth is restricted, and more than six-eighths have restrictions in their favor. It is as plain as figures can make it, that if a state of freedom for our exports is at par, the present system raises them, in point of privilege, above par. To suppose that we can terrify them by these resolutions to abolish their restrictions, and at the same time to maintain in our favor theii duties, to exclude other foreigners from their market, is too absurd to be refuted. We have heard that the market of France is the great centre of our interests ; we are to look to her, and not to England, for advantages, be- ing, as the style of theory is, our best customer and best friend, showing to our trade particular favor and privilege, while England manifests in her system such narrow and selfish views. It is strange to remark such a pointed refutation of assertions and opinions by fapts. The amount sent to France herself is very trivial. Either our merchants are ignorant of the best markets, or those which they prefer are the best; and if the English markets, in spite of the alleged ill- usage, are still preferred to the French, it is a proof of the superior advantages of the former over the latter. The arguments I have adverted to, oblige those who urge them to make a greater difierence in favor of the English than the true state of facts wiU warrant. Indeed, if they persist in their arguments, they are bound to deny their own conclusions. They are bound to admit this position : if France re- ceives little of such of our products as Great Britain takes on terms of privilege and favor, be- cause of that favor it allows the value of that fa- vored footing. If France takes little of our arti- cles, because she does not want them, it shows the absurdity of looking to her as the best customer. It may be said, and truly, that Great Britain regards only her own interest in these argu- ments ; so much the better. If it is her interest to afibrd to our commerce more encouragement than France gives : if she does this, when she is inveterate against us, as it is alleged, and when we are indulging an avowed hatred to- wards her, and partiality towards France, it shows that we have very solid ground to rely on. Her interest is, according to this statement, stronger than our passions, stronger than her own, and is the more to be depended on, as it cannot be put to any more trying experiment in future. The good will and friendship of nations are hollow foundations to build our 96 FISHER AMES. systems upon. Mutual interest is a bottom of rock : the fervor of transient sentiments is not better than straw or stubble. Some gentlemen have lamented this distrust of any relation be- tween nations, except an interested one ; but the substitution of any other principle could produce little else than the hypocrisy of senti- ment, and an instability of affairs. It would be relying on what is not stable, instead of what is: it would introduce into politics the jargon of romance. It is in this sense, and this only, that the word favor is used : a state of things, so arranged as to produce our profit and advantage, though intended by Great Bri- tain merely for her own. The disposition of a nation is immaterial; the fact, that we profit by their system, cannot be so to this discus- sion. The next point is, to consider whether our imports are on a good footing, or, in other words, whether we are in a situation to buy what we have occasion for at a cheap rate. In this view, the systems of the commercial na- tions are not to be complained of, as all are desirous of selling the products of their labor. Great Britain is not censured in this respect. The objection is rather of the opposite kind, that we buy too cheap, and therefore consume too much ; and that we take not only as much as we can pay for, but to the extent of our credit also. There is less freedom of importa- tion, however, from the West Indies. In this respect, France is more restrictive than Eng- land ; for the former allows the exportation to us of only rum and molasses, while England admits that of sugar, coffee, and other principal West India products. Yet, even here, when the preference seems to be decidedly due to the British system, occasion is taken to extol that of the French. We are told, that they sell us the chief part of the molasses, which is con- sumed or manufactured into rum ; and that a great and truly important branch, the distUlery, is kept up by their liberality in furnishing the raw material. There is at every step, matter to confirm the remark, that nations have fram- ed their regulations to suit their own interests, not ours. France is a great brandy manufac- turer ; she will not admit rum, therefore, even from her own islands, because it would sup- plant the consumption of brandy. The mo- lasses was for that reason, some years ago, of no value in her islands, and was not even saved in casks. But the demand from our country soon raised its value. The policy of England has been equally selfish. The molasses is dis- tilled in her islands, because she has no manu- facture of brandy to suffer by its sale. A question remains respecting the state of our navigation. If we pay no regard to the regulations of foreign nations, and ask, whether this valuable branch of our industry and capi- tal is in a distressed and sickly state, we shall find it is in a strong and flourishing condition. If the quantity of shipping was declining, if it was unemployed, even at low freight, I should say, it must be sustained and encouraged. Nc such thing is asserted. Seamen's wages are high, freights are high, and American bottoms in full employment. But the complaint is, our vessels are not permitted to go to the British West Indies. It is even affirmed, that no civil- ized country treats us so ill in that respecl. Spain and Portugal prohibit the traffic to their possessions, not only in our vessels, but in their own, which, according to the style of the reso- lutions, is worse treatment than we meet with from the British. It is also asserted, and on as bad ground, that our vessels are excluded from most of the British markets. This is not true in any sense. We are ad- mitted into the greater number of her ports, in our own vessels ; and by far the greater value of our exports is sold in British ports, into which our vessels are received, not only on a good footing, compared with other foreigners, but on terms of positive favor, on better tenns than British vessels are admitted into our own ports. We are not subject to the alien duties ; and the light money, &c. of one shilling nine pence sterling per ton is less than our foreign tonnage duty, not to mention the ten ^er een/- turn, on the duties on goods in foreign bot- toms. But in the port of London our vessels are received free. It is for the unprejudiced mind to compare these facts with the assertions we have heard so confidently and so feelingly made by the mover of the resolutions,'that we are excluded from most of their ports, and that no civilized nation treats our vessels so ill as the British. The tonnage of the vessels, employed be- tween Great Britain and her dependencies and the United States, is called two hundred and twenty thousand; and the whole of this is represented as our just right. The same' gen- tleman speaks of our natural right to the car- riage of our own articles, and that we may and ought to insist upon our equitable share. Yet, soon after, he uses the language of monopoly, and represents the whole carriage of imports and exports as the proper object of our efforts, and all that others carry as a clear loss to us. If an equitable share of the carriage means half, we have it already, and more, and our propor- tion is rapidly increasing. If any thing is meant by the natm-al right of carriage, one would imagine that it belongs to him, whoever he may be, who, having bought our produce, and made himself the owner, thinks proper to take it with him to his own country. It is neither our policy nor our design to check the sale of our produce. We invite every description of purchasers, because we expect to sell dearest, when the number and competition of the buy- ers is the greatest. For this reason the total exclusion of foreigners and their vessels from the purchase and carriage of our exports, is an advantage, in respect to navigation, which has a disadvantage to balance it, in respect to the price of produce. It is with this reserve we MADISON'S RESOLUTIONS. 97 onght to receive the remark, that the carriage of our exports should be our object, rather tlian that of our imports. By going with our ves- sels into foreign ports we buy our imports in the best market. By giving a steady and mo- derate encouragement to our own shipping, without pretending violently to interrupt the course of business, experience will soon estab- lish that order of things, which is most benefi- cial to the exporter, the importer, and the ship owner. The best interest of agriculture is the true interest of trade. In a trade, mutually beneficial, it is strangely absurd to consider the gain of others as our loss. Admitting it, however, for argument sake, yet it should be noticed, that the loss of two hundred and twenty thousand tons of ship- ping, is computed according to the apparent tonnage. Our vessels not being allowed to go to the British West Indies, their vessels, mak- ing frequent voyages, appear in the entries over and over again. In the trade to the Eu- ropean dominions of Great Britain, the distance being greater, our vessels are not so often en- tered. Both these circumstances give a false show to the amount of British tonnage, com- pared with the American. It is, however, very pleasing to the mind, to see that our tonnage exceeds the British in the European trade. For various reasons, some of which will be mentioned hereafter, the tonnage in the West India trade, is not the proper subject of calcu- lation. In the European comparison, we have more tonnage in the British than in the French cc'mmeroe ; it is indeed more than fouj? to one. The great quantity of British tonnage em- ployed in our trade is also, in a great measure, owing to the large capitals of their merchants, employed in buying and exporting our produc- tions. If we would banish the ships, we must strike at the root, and banish the capital. And this, before we have capital of our own grown up to replace it, would be an operation of no little violence and injury, to our southern breth- ren especially. Independently of this circumstance. Great Britain is an active and intelligent rival in the navigation line. Her ships are dearer, and the provisioning of her seamen is perhaps rather dearer than ours : on the other hand, the rate of interest is lower in England, and so are sea- men's wages. It would be improper, therefore, to consider the amount of British tonnage in our trade, as a proof of a bad state of things, arising either from the restrictions of that gov- ernment, or the negligence or timidity of this. We are to charge it to causes which are more connected with the natural competition Of capi- tal and industry ; causes which, in fact, retard- ed the growth of our shipping more, when we were colonies and our ships were free, than since the adoption of the present government. It has been said with emphasis, that the con- stitution grew out of the complaints of the na- tion respecting commerce, especially that with the British dominions. What was then lament- 1 ed by our patriots? Feebleness of the public councils; the shadow of union, and scarcely the shadow of public credit ; every where de- spondence, the pressure of evils, not only great but portentous of civil distractions. These were the grievances ; and what more was then desired than their remedies ? Is it possible to survey this prosperous country and to assert that they have been delayed ? Trade flourishes on our wharves, although it droops in speeches. Manufactures have risen under the shade of protecting duties, from almost nothing, to such a state that we are even told we. can depend on the domestic supply, if the foreign should cease. The fisheries, which we found-in decline, are in the most vigorous growth : the whale fishery, which our allies would have transferred to Dun- kirk, now extends over the whole ocean. To that hardy race of men, the sea is but a park for hunting its monsters; such is their activity, the deepest abysses scarcely afford to their prey a hiding place. Look around and see how the frontier circle widens, how the interior im- proves, and let it be repeated that the hopes of the people, when they formed this constitution, have been frustrated. But if it should happen that our prejudices prove stronger than our senses ; if it should be believed that our farmers and merchants see their products and ships and wharves going to decay together, and they are ignorant or silent on their own ruin ; still the public documents would not disclose so alarming a state of our affairs. Our imports are obtained so plentifully and cheaply, that one of the avowed objects of the resolutions is, to make them scarcer and dearer. Our exports, so far from languishing, have increased two millions of dollars in a year. Our navigation is found to be augment- ed beyond the most sanguine expectation. We hear of the vast advantage the English derived from the navigation act : and we are asked in a tone of accusation, shall we sit still and do nothing ? Who is bold enough to say. Congress has done nothing for the encouragement of American navigation? To counteract the navi- gation act, we have laid on British, a higher tonnage than our own vessels pay in their ports; and what is much more elFeotual, we have imposed ten per centum on the duties, when the dutied articles are borne in foreign bottoms. We have also made the coasting trade a monopoly to our own vessels. Let those who have asserted that this is nothing, compare facts with the regulations which pro- duced them. Tonnage. American, 1789, Foreign, . . . American, 1790, 3?oreign, . I . American, 1791, Foreign, . . . American, 1792, Foreign, . . . Tons. 297,468 265,116 347,668 268,916 868,810 240,799 415,880 244,268 of American tonnage, 82,852 ' B8,74T 123,011 171,067 98 riSHEE AMES. Is not this increase of American shipping rapid enough ? Many persons say it is too rapid, and attracts too much sapital for the cir- cumstances of the country. I cannot readily persuade myself to think so valuable a branch of employment thrives too fast. But a steady and sure encouragement is more to be relied on than violent methods of forcing its growth. It is not clear that the quantity of our navigation, including our coasting and fishing vessels, is less in proportion to those of that nation : in that computation we shall probably find that we are already more a navigating people than the English. As this is a growing country, we have the most stable ground of dependence on the cor- responding growth of our navigation ; and that the increasing demand for shipping wiU rather fall to the share of Americans than foreigners, is not to be denied. We did expect this from the nature of our own laws; we have been confirmed in it by experience ; and we know that an American bottom is actually preferred to a foreign one. In cases where one partner is an American, and another a foreigner, the ship is made an American bottom. A fact of this kind overthrows a whole theory of reason- mg on the necessity of further restrictions. It shows that the work of resti-iction is already done. If we take the aggregate view of our com- mercial interests, we shall find much more oc- casion for satisfaction, and even exultation, than complaint, and none for despondence. It would be too bold to say that our condition is so eligible there is nothing to be wished. Nei- ther the order of nature, nor the allotments of Providence, afibrd perfect content; and it would be absurd to expect in our politics what is de- nied in the laws of our being. The nations with whom we have intercourse have, without exception, more or less restricted their com- merce. They have framed their regulations to suit their real or fancied interests. The code of France is as full of restrictions as that of England. We have regulations of our own; and they are unlike those of any other coun- try. Inasmuch as the interest and circum- stances of nations vary so essentially, the pro- ject of an exact reciprocity on our part is a vision. What we desire is, to have, not an ex- act reciprocity, but an intercourse of mutual benefit and convenience. It has scarcely been so much as insinuated that the change contemplated wiU be a profit- able one ; that it wiU enable us to sell dearer and to buy cheaper : on the contrary, we are invited to submit to the hazards and losses of a confiict with our customers; to engage in a contest of self-denial. For what — to obtain better markets ? No such thing ; but to shut up for ever, if possible, the best market we have for our exports, and to confine ourselves to the dearest and scarcest markets for our im- ports. And this is to be done for the benefit of trade ; or, as it is sometimes mce correctly said, for the benefit of France. This language is not a little inconsistent and strange from those who recommend a non-importation agree- ment, and who thinli we should even renounce the sea and devote ourselves to agriculture. Thus, to make our trade more free, it is to bo embarrassed, and violently shifted from one country to another, not according to the in terest of the merchants, but the visionary theo ries and capricious rashness of the legislators.' To make trade better, it is to be made nothing. So far as commerce and navigation are re- garded, the pretences for this contest are con- fined to two. We are not allowed to carry manufactured articles to Great Britain, nor any products, except of our own growth ; and we are not permitted to go with our own vessels to the West Indies. The former, which is a provision of the navigation act, is of little im- portance to our interests, as our trade is chiefly a direct one, our shipping not being equal to the carrying for other nations ; and our manu- factured articles are not furnished in quantities for exportation, and if they were. Great Britain would not be a customer. So far, therefore, the restriction is rather nominal than real. The exclusion of our vessels from the West Indies is of more importance. When we pro- pose to m.ake an efibrt to force a privilege from Great Britain, which she is loth to yield to us, it is necessary to compare the value of the object with the effort, and above all, to calculate very warily the probability of success. A trivial thing deserves not a great exertion ; much less ought we to stake a very great good in posses- sion, for a slight chance of a less good. The carriage of one half the exports and imports to and from the British West Indies, is the object to be contended for. Our whole exports to Great Britain are to be hazarded. We sell on terms of privilege, and positive favor, as it has been abundantly shown, near seven millions to the dominions of Great Britain. We are to risk the privilege in this great amount — for what? For the freight only of one half the British West India trade with the United States. It belongs to commercial men to cal- culate the entire value of the freight alluded to. But it cannot bear much proportion to the amount of seven millions. Besides, if we are denied the privilege of carrying our articles in our vessels to the islands, we are on a footing of privilege in the sale of them. We have one privilege, if not two. It is readily admitted, that it is a desirable thing to have our vessels allowed to go to the English islands; but the value of the object has its limits, and we go unquestionably beyond them, when we throw our whole exports into confusion, and run the risk of losing our best markets, for the sake ol forcing a permission to carry our own products to one of those markets; in which, too, it should be noticed, we sell much less than we do to Great Britain herself. If to this we add, that the success of the contest is grounded on the sanguine and passionate hypothesis of our MADISON'S BESOLUTIONS. 99 being able to starve the islanders, which, on trial, may prove false, and which our being in- volved in the war would overthrow at once, we may conclude, without going further into the discussion, that prudence forbids our engaging in the hazards of a commercial war ; that great things should not be staked against such as are of much less value ; that what we possess should not be risked for what we desire, without great odds in our favor ; stiU less, if the chanc^ is in- finitely against us. If these considerations should fail of their effect, it will be necessary to go into an ex- amination of the tendency of the system of discrimination, to redress and avenge aU our wrongs, and to realize all our hopes. It has been avowed that we are to look to France, not to England, for advantages in trade. We are to show our spirit, and to manifest to- wards those who are called enemies, the spirit^ of enmity, and towards those we call friends, something more than passive good will. We are to take active measures to force trade out of its accustomed channels, and to shift it by such means from England to France. The care of the concerns of the French manufacturers may be, perhaps, as well left in the hands of the convention, as usurped into our own. How- ever our zeal might engage us to interpose, our duty to our own immediate constituents de- mands all our 9,ttention. To volunteer it, in order to excite competition in one foreign na- tion to supplant another, is a very strange busi- ness;- and to do it, as it has been irresistibly proved it will happen, at the charge and cost of our own citizens, is a thing equally beyond all justification and all example. What is it bat to tax our own people for a time, perhaps for a long time, in order that the French may at last sell as cheap as the English ? — cheaper they cannot, nor is it so much as pretended. The tax will be a loss to us, and the fancied tendency of it not a gain to this country in the event, but to France. We shall pay more for a time, and in the end pay no less ; for no ob- ject but that one nation may receive our mo- ney, instead of the other. If this is generous towards France, it is not just to America. It is sacrificing what we owe to our constituents, to what we pretend to feel towards strangers. We have indeed heard a very ardent profes- sion of gratitude to that nation, and infinite re- liance seems to be placed on her readiness to sacrifice her interest to ours. The story of this generous strife should be left to ornament fic- tion. This is not the form nor the occasion to discharge our obligations of any sort to any foreign nation : it concerns not our feelings but our interests ; yet the debate has often soared high above the smoke of business into the epic region. The market for tobacco, tar, turpen- tine and pitch, has become matter of senti- ment ; and given occasion alternately to rouse our courage and our gratitude. If, instead of hexameters, we prefer discuss- ing our relation to foreign nations in the com- mon language, we shall not find that we are bound by treaty to establish a preference in fa- vor of the French. The treaty is founded on a professed reciprocity, favor for favor. Why is the principle of treaty or no treaty made so essential, when the favor we are going to give is an act of supererogation? It is not expected by one of the nations in treaty : for Holland has declared in her treaty with us, that such preferences are the fruitful source of animosity, embarrassment and war. The French have set no such example. They discriminate, in their late navigation act, not as we are exhorted to do, between nations in treaty and not in treaty, but between nations at war and not at war with them; so that, when peace takes place, Eng- land will stand, by that act, on the same ground with ourselves. If we expect by giving favor to get favor in return, it is improper to make a law. The business belongs to the executive, in whose hands the constitution has placed the power of dealing with foreign nations. It is singular to negotiate legislatively ; to make by a law half a bargain, expecting a French law would make the other. The footing of treaty or no treaty is different from the ground taken by the mover himself in supporting his system. He has said, favor for favor is principle : nations not in treaty grant favors, those in treaty re- strict our trade. Yet the principle of discrim- inating in favor of nations in treaty, is not only inconsistent with the declared doctrine of the mover and with facts, but it is inconsistent with itself. Nations not in treaty, are so very un- equally operated upon by the resolutions, it is absurd to refer them to one principle. Spain and Portugal have no treaties with us, and are not disposed to have. Spain would not accede to the treaty of commerce between us and France, though she was invited ; Portugal would not sign a treaty after it had been dis- cussed and signed on our part. They have few ships or manufactures, and do not feed their colonies from us: of course there is little for the discrimination to operate upon. The ope- ration on nations in treaty is equally a satire on the principle of discrimination. In Sweden, with whom we have a treaty, duties rise high- er if borne in our bottoms, than in her own. France does the like, in respect to tobacco, two andahalf livres the kentle, which in effect pro- hibits our vessels to freight tobacco. The mover has, somewhat unluckily, proposed to except from this system nations having no navigation acts; in which case, France would become the subject of unfriendly discrimination, as the House have been informed since the debate began, that she has passed such acts. I might remark on the disposition of England to settle a commercial treaty, and the known desire of the Marquis of Lansdown, (then prime minister,) in 1788, to form such an one on the most liberal principles. The history of that business, and the causes which prevented its conclusion, ought to be made known to the public. The powers given to our ministers 100 FISHER AMES. were revoked, and yet we hear, that no such disposition on the part of Great Britain has existed. The declaration of Mr. Pitt in parlia- ment, in June, 1792, as well as the correspond- ence with Mr. Hammond, shows a desire to enter upon a negotiation. The statement of the report of the secretary of state, on the privi- leges and restrictions of our commerce, that Great Britain has shown no inclination to med- dle with the subject, seems to be incorrect. The expected operation of the resolutions on different nations, is obvious, and I need not ex- amine their supposed tendency to dispose Great Britain to settle an equitable treaty with this country ; but I ask, whether those who hold such language towards that nation as I have heard, can be supposed to desire a treaty and friendly connection. It seems to be thought a merit to express hatred : it is common and natural to desire to annoy and to crush those whom we hate, but it is somewhat singular to pretend, that the design of our anger is to em- brace them. The tendency of angry measures to friendly dispositions and arrangements, is not obvious. We affect to believe, that we shall quarrel our- selves into their good will : that we shall beat a new path to peace and friendship with Great Britain — one that is grown up with thorns, and lined with men-traps and spring-guns. It should be called the war path. To do justice to the subject, its promised ad- vantages should be examined. Exciting the competition of the French, is to prove an ad- vantage to this country, by opening a new market with that nation. This is scarcely in- telligible. If it means any thing, it is an ad- mission, that their market is not a good one, or that they have not taken measures to favor our traflBc with them. In either case, our sys- tem is absurd. The balance of trade is against _ us, and in favor of England. But the resolu- tions can only aggravate that evil, for, by com- pelling us to buy dearer and sell cheaper, the balance will be turned still more against our country. Neither is the supply from France less the aliment of luxury, than that from Eng- land. Their excess of credit is an evil, which we pretend to cure by checking the natural growth of our own capital, which is the un- doubted tendency of restraining trade ; the pro- gress of the remedy is thus delayed. If we will trade, there must be capital. It is best to have it of our own ; if we have it not, we must de- pend on credit. Wealth springs from the profits of employment, and the best writers on the subject establish it, that employment is in pro- portion to the capital that is to excite and re- ward it. To strike off credit, which is the substitute for capital, if it were possible to do it, would so far stop employment. Fortunate- ly, it is not possible ; the activity of individual industry eludes the misjudging power of gov- ernments. The resolutions would, in effect, increase the demand for credit, as our products selling for less in a new market, and our im- ports being bought dearer, there would be less money and more need of it. Necessity would produce credit. Where the laws are strict, it wiU soon find its proper level; the uses of credit will remain, and the evil will disappear. But the whole theory of balances of trade, of helping it by restraint, and protecting it_ by systems of prohibition and restriction against foreign nations, as well as the remedy for cre- dit, are among the exploded dogmas, which are equally refuted by the maxims of science and the authority of time. Many such topics have been advanced, which were known to exist as prejudices, but were not expected as arguments. It seems to be believed, that the liberty of commerce is of .some value. Although there are restrictions on one side, there will be some liberty left : counta restrictions, by diminish- ing that liberty, are in their nature aggrava- tions and not remedies. We complain of the British restrictions as of a mUlstone : our own system will be another ; so that our trade may hope to be situated between the upper and the nether millstone. On the whole, the resolutions contain two great principles — to control trade by law, in- stead of leaving it to the better management of the merchants ; and the principle of a sump- tuary law. To play the tyrant in the counting- house, and in directing the private expenses of our citizens, are employments equally unworthy of discussion. Besides the advantages of the system, we have been called to another view of it, which seems to have less connection with the merits of the discussion. The acts of states, and the votes of public bodies, before the constitution was adopted, and the votes of the House since, have been stated as grounds for our assent to this measure at this time. To help our own trade, to repel any real or supposed attack upon it, cannot fail to prepossess the mind : accord- ingly, the first feelings of every man yield to this proposition. But the sober judgment, on the tendency and reasonableness of the inter- meddling of government, often does, and prob- ably ought still oftener to change our impres- sions. On a second view of the question, the man, who voted formerly for restrictions, may say, much has been done under the new con- stitution, and the good effects are yet making progress. The necessity of measures of counter restriction will appear to him much less urgent, and their efiScacy, in the present turbulent state of Europe, infinitely less to be relied on. Far from being inconsistent in his conduct, consist- ency will forbid his pressing the experiment of his principle under circumstances which baffle the hopes of its success. But if so much stress is laid on former opinions, in favor of this mea- sure, how happens it that there is so little on that which now appears against it ? Not one merchant has spoken in favor of it in this body ; not one navigating or commercial state has patronized it. It is necessary to consider the dependence of MADISON'S RESOLUTIONS. 101 the British "West India islands on our supplies. I admit, that they cannot draw them so well, and so cheap, from any other quarter ; but this is not the point. Are they physically depend- ent ? Can we starve them — and may we rea- sonably expect, thus to dictate to Great Britain a free admission of our vessels into her islands ? A few details will prove the negative. — Beef and pork sent from the now United States to the British West Indies, 1773, fourteen thou- sand, nine hundred and ninety-three barrels. In the war time, 1780, ditto from England, seventeen thousand, seven hundred and ninety- five : at the end of the war, 1783, sixteen thou- sand, five hundred and twenty-six. Ireland exported, on an average of seven years prior to 1777, two hundred and fifty thousand bar- rels. Salted fish the English take in abundance, and prohibit its importation from us. Butter and cheese from England and Ireland are but lately banished even from our markets. Ex- ports from the now United States, 1778 ; horses, two thousand, seven hundred and sixty-eight ; cattle, one thousand, two hundred and three ; sheep and hogs, five thousand, three hundred and twenty. Twenty-two years prior to 1791, were exported from England to all ports, twenty-nine thousand, one hundred and thirty- one horses. Ireland, on an average of seven years to 1777, exported four thousand and forty live stock, exclusive of hogs. The coast of Barbary, the Cape de Verds, &o. supply sheep and cattle. The islands, since the war, have increased their domestic supplies to a great degree. The now United States exported about one hundred and thirty thousand barrels of flour, in 1773, to the West Indies. Ireland, by graz- ing less, could supply wheat ; England herself tisually exports it ; she also imports from Arch- angel. Sicily and the Barbary StSites furnish wheat in abundance. We are deceived, when we fancy we can starve foreign countries. France is reckoned to consume grain at the rate of seven bushels to each soul. Twenty-six millions of souls, the quantity one hundred and eighty-two millions of bushels. We export, to speak in round numbers, five or six millions of bushels to all the difierent countries, which we supply ; a trifle this to their wants. Frugality is a greater resource. Instead of seven bushels, perhaps two could be saved by stinting the consumption of the food of cattle, or by the use of other food. Two bushels saved to each soul is fifty-two millions of bushels, a quantity which the whole trading world, perhaps, could not furnish. Rice is said to be prohibited by Spain and Portugal to favor their own. Brazil could supply their rice instead of ours. I must warn you of the danger of despising Canada and Nova Scotia too much as rivals in the West India supply of lumber, especially the former. The dependence, the English had placed on them some years ago, failed, partly because we entered into competition with them »n very superior terms, and partly because they were then in an infant state. They are now supposed to have considerably more than dou- bled their numbers since the peace ; and if, instead of having us for competitors for the supply as before, we should shut ourselves out by refusing our supplies, or being refused entry for them, those two colonies would rise from the ground; at least we should do more to bring it about than the English ministry have been able to do. In 1775, six hundred and seveaty-nine vessels, the actual tonnage of which was one hundred and twenty-eight thou- sand, were employed in the West India trade from Great Britain. They were supposed, on good ground, to be but half freighted to the islands ; they might carry lumber, and the freight supposed to be deficient would be, at forty shillings sterling the ton, one hundred and twenty-eight thousand pounds sterling. This sum would diminish the extra charge of carry- ing lumber to the islands. But is lumber to be had ? — Yes. in Germany, and from the Baltic. It is even cheaper in Europe than our own : besides which, the hard woods, used in mills, are abundant in the islands. We are told they can sell their rum only to the United States. This concerns not their subsistence, but their profit. Examine it, how- ever. In 1773, the now United States took near three million gallons of rum. The re- maining British colonies, Newfoundland, "and the African coast, have a considerable demand for this article. The demand of Ireland is very much on the increase. It was, in 1763, five hundred and thirty thousand gallons ; 1770, one million, five hundred and fifty-eight thou- , sand gallons ; 1778, one million, seven hundred and twenty-nine thousand gallons. Thus we see, a total stoppage of the West India trade would not starve the islanders. It would affect us deeply ; we should lose the sale of our products, and, of course, not gain the carriage in our own vessels ; the object of the contest would be no nearer our reach than be- fore. Instead, however, of a total stoppage of the intercourse, it might happen, that each nation prohibiting the vessels of the other, some third nation would carry on the traffic in its own bottoms. While this measure would disai-m our system, it would make it reooU upon ourselves. It would, in effect, operate chiefly to obstruct the sale of our products. If they should remain unsold, it would be so much dpad loss ; or if the effect should be to raise the price on the consumers, it would either lessen the consumption, or raise up rivals hi the supply. The contest, as it respects the West India trade, is in every respect against us. To embarrass the supply from the United States, supposing the worst as it regards the planters, can do no more than enhance the price of sugar, coffee and other products. The French islands are now in ruins, and the English planters have an increased price and double demand in conse- quence. While Great Britain confined the colony trade to herself, she gave to the colonists 102 FI8HEE AMES. in return a monopoly in her consumption of West India articles. The extra expense, arising from the severest operation of our system, is already provided against, two fold ; like other charges on the products of lahor and capital, the burden -will fall on the consumer. The luxurious and opulent consumer in Europe will not regard, and perhaps will not know, the in- crease of price nor the cause of it. The new settler, who clears his land and sells the lum- ber, will feel any convulsion in the market more sensibly, without being able to sustain it at all. It is a contest of wealth against want of self-denial, between luxury and daily subsist- ence, that we provoke with so much confidence of success. A man of experience in the "West India trade will see this contrast more strongly than it is possible to represent it. One of the excellences, for which the mea- sure is recommended, is, that it wiU aifeot our -mports. What is offered as an argument, is really an objection. Who will supply our wants? Our own manufactures are growing, and it is a subject of great satisfaction that they are. But it would be wrong to overrate their capacity to clothe us. The same number of inhabitants require more and more, because wealth increases. Add to this the rapid growth of our numbers, and perhaps it will be correct to estimate the progress of manufactures as only keeping pace with that of our increasing consumption and population. It follows, that we shall continue to demand, in future, to the amount of our present importation. It is not intended by the resolutions, that we shall im- port from England. Holland and the north of Europe do not furnish a snflBcient variety, or suflttoient quantity for our consumption. It is in vain to look to Spain, Portugal, and the Italian States. We are expected to depend principally upon France : it is impossible to ex- amine the ground of this dependence without adverting to the present situation of that coun- try. It is a subject upon which I practise no disguise ; but I do not think it proper to intro- duce the politics of France into this discussion. If others can find in the scenes that pass there, or in the principles and agents that direct them, proper subjects for amiable names, and sources of joy and hope in the prospect, I have nothing to say to it : it is an amusement, which it is not my intention either to disturb or to partake of. I turn from these horrors, to examine the condition of France in respect to manufacturing capital and industry. In this point of view, whatever political improvements may be hoped for, it cannot escape observation, that it pre- sents only a wide field of waste and desolation. Capital, which used to be food for manufactures, IS become their fuel. What once nourished industry, now lights the fires of civU war, and quickens the progress of destruction. France is like a ship, with a fine cargo, burning to the water's edge ; she may be built npon anew, and freighted with another cargo, and it will be time enough, when that shall be, to depend on a part of it for our supply: at present, and for many years, she will not be so much a furnisher as a consumer. It is therefore obvious, that we shall import our supplies either directly or indirectly from Great Britain. Any obstruction to the importation will raise the price which we who consume must bear. That part of the argument which rests on the supposed distress of the British manufactures, in consequence of the loss of our market, is in every view unfounded. They would not loss the market, in fact, and if they did, we pro- digiously exaggerate the importance of our consumption to the British workmen. Import- ant it doubtless is, but a little attention will expose the extreme foUy of the opinion, that they would be brought to our feet by a trial ot our self-denying spirit. England now supplants France in the important Levant trade, in the supply of manufactured goods to the East, and, in a great measure, to the West Indies, to Spain, Portugal, and their dependencies. Her trade with Russia has, of late, vastly increased ; and she is treating for a trade with China: so that the new demands of English manufactures, consequent npon the depression of France as a rival, has amounted to much more than the whole American importation, which is not three millions. The ill effect of a system of restriction and prohibition in the West Indies, has been noticed already. The privileges allowed to our exports to England may be withdrawn, and prohibitory or high duties imposed. The system before us is a ijiischief that goes to the root of our prosperity. The merchants will suffer by the schemes and projects of a new theory. Great numbers were ruined by the convulsions of 1775. They are an order ol citizens deserving better of government than to be involved in new confusions. It is wrong to make our trade wage war for our politics. It is now scarcely said that it is a thing to be sought for, but a weapon to fight with. To gain our approbation to the system, we are told, it is to be gradually established. In that case, it will be unavailing. It should be begim with in all its strength, tf we think of starving the islands. Drive them suddenly and by surprise to extremity, if you would dictate terms; but they will prepare against a long expected fail- ure of our supplies. Our nation will be tired of suffering loss and embarrassment for the French. The struggle, so painful to ourselves, so ineffectual against England, will be renounced, and we shall sit down with shame and loss, with disappointed passions and aggravated complaints. War, which would then suit our feelings, would not suit our weakness. We might, perhaps, find some European power willing to make war on England, and we might be permitted by a strict alliance, to partake the misery and the depend- ence of being a subaltern in the quarrel. The happiness of this situation seems to be in view, when the system before us is avowed to be tha MADISOJST'S RESOLUTIONS. 103 instrument of avenging our political resent- ments. Those who affect to dread foreign influence, 'will do well to avoid a partner- ship in European jealousies and rivalships. Courting the friendship of the one, and pro- voking the hatred of the other, is dangerous to our real independence ; for it would compel America to throw herself into the arms of the one for protection against the other. Then foreign influence, pernicious as it is, would be sought for ; and though it should be shunned, it could not be resisted. The connections of trade form ties between individuals, and pro- duce little control over government. They are the ties of peace, and are neither corrupt nor corrupting. We have happily escaped from a state of the most imminent danger to our peace : a false step would lose all the security for its continu- ance, which we owe at this moment to the con- duct of the President. What is to save us from war? Not our own power which inspires no terror ; not the gentle and forbearing spirit of the powers of Europe at this crisis; not the weakness of England; not her affection for this country, if we believe the assurances of gentlemen on the other side. What is it, then? It is the interest of Great Britain to have America for a customer rather than an enemy : and it is precisely that interest which gentle- men ai-e so eager to take away and to transfer to France. And what is stranger still, they say they rely on that operation as a means of producing peace with the Indians and Alge- rines. The wounds- inflicted on Great Britain by our enmity, are expected to excite her to supplicate our friendship, and to appease us by soothing the animosity of our enemies. What is to produce effects so mystical, so opposite to nature, so much exceeding the efScacy of their pretended causes? This wonder-working pa- per on the table is the weapon of terror and destruction. Like the writing on Belshazzar's wall, it is to strike parliaments and nations with dismay: it is to be stronger than fleets against pirates, or than armies against Indians. After the examination it has undergone, credu- lity itself will laugh at these pretensions. We pretend to expect, not by the force of our restrictions, but by the mere show of our spirit, to level all the fences that have guarded for ages the monopoly of the col&ny trade. The repeal of the navigation act of England, which is cherished as the palladium of her safety, which time has rendered venerable, and pros- perity endeared to her people, is to be extort- ed, from her fears of a weaker nation. It is not to be yielded freely, but violently torn from her ; and yet the idea of a struggle to prevent .ndignity and loss, is considered as a chimera too ridiculous for sober refutation. She will not dare, say they, to resent it ; and gentlemen have pledged themselves for the success of the attempt : what is treated as a phantom, is vouched by fact. Her navigation act is known to have caused an iaimediate contest with tha Dutch, and four desperate sea fights ensued in consequence, the very year of its passage. li'ow far it is an act of aggression for a neu- tral nation to assist the supplies of one neigh- bor, and to annoy and distress another, at the crisis of a contest between tlie two, which strains their strength to the utmost, is a ques- tion which we might not agree in deciding; but the tendency of such unseasonable partial- ity to exasperate the spirit of hostility against the intruder, cannot be doubted. The language of the French government would not soothe this spirit. It proposes, on the sole condition of a political connection, to extend to us a part of their West India commerce. The coinci- dence of our measures with their invitation, however singular, needs no comment. Of all men, those are least consistent who believe in the efiicacy of the regulations, and yet affect to ridicule their hostile tendency. In the com- mercial conflict, say they, we shall surely pre- vail and effectually humble Great Britain. In open war we are the weaker, and shall be brought into danger, if not to ruin. It de- pends, therefore, according to their own rea- soning, on Great Britain herself, whether she will persist in a struggle which will disgrace and weaken her, or turn it into a war which wUl throw the shame and ruin upon her an- tagonist. The topics which furnish arguments to show the danger to our peace from the reso- lutions, are too fruitful to be exhausted. But without pursuing them further, the experience of mankind has shown that commercial rival- ships, which spring from mutual efforts for mo- nopoly, have kindled more wars, and wasted the earth more, than the spirit of conquest. I hope we shall show by our vote that we deem it better policy to feed nations than to starve them, and that we shall never be so un- wise as to put our good customers into a situa- tion to be forced to make every exertion to do without us. By cherishing the arts of peace, we shall acquire, and we are actually acquiring, the strength and resources for a war. Instead of seekiQg treaties, we ought to shun them ; for the later they shall be formed, the better will be the terms : we shall have more to give, and more to withhold. We have not yet taken our proper rank, nor acquired that consideration, which wiU not be refused us, if we persist in prudent and pacific counsels ; if we give time for our strength to mature itself. Though America is rising with a giant's strength, its bones are yet but cartOages. By delaying th© beginning of a conflict, we insure the victory. By voting out the resolutions, we shall show to our own citizens and foreign nations that our prudence has prevailed over our prejudices, that we prefer our interests to our resentments. Let us assert a genuine independence of spirit ; we shall be false to our duty and feelings as Americans, if we basely descend to a servile dependence on France fjud Great Britain. [04 FISHER AMES. THE BRITISH TREATY. A Treatj of Amity, Oommeroe, and Naviga- tion between the United States and Great Bri- tain, was concluded on the nineteenth day of November, 1794. Subsequently it was ratified by the President. On the second of March, 1796, the President proclaimed it the law of the land, and the same day communicated it to the House of Eepresentatives, in order that the necessary appropriations might be made to carry it into effect. On the twenty-eighth of April following, in Committee of the Whole on the subjoined resolution: ^'- Eesohed, as the opinion of this Committee, that it is expedient to pass the laws necessary for carrying into effect the Treaty with Great Britain ; " Mr. Ames spoke thus : Me. Ohaieman, I entertain the hope, pei'- haps a rash one, that my strength wiU hold me out to speak a few minutes. In my judgment, a right decision will depend more on the temper and manner, with which we may prevail upon ourselves to contemplate the subject, than upon the development of any profound political principles, or any remark- able skill in the application of them. If we could succeed to neutralize our inclinations, we should find less difficulty than we have to ap- prehend in surmounting all our objections. The suggestion, a few days ago, that the House manifested symptoms of heat and irrita- tion, was made and retorted as if the charge ought to create surprise, and would convey re- proach. Let us be niore just to ourselves, and to the occasion. Let us not affect to deny the existence and the intrusion of some portion of prejudice and feeling into the debate, when, from the very structure of our nature, we ought to anticipate the circumstance as a prob- ability, and when we are admonished by the evidence of our senses that it is the fact. How can we make professions for ourselves, and offer exhortations to the House, that no influence should be felt but that of duty, and no guide respected but that of the understand- ing, while the peal to rally every passion of man is continually ringing in our ears. Our understandings have been addressed, it is true, and with ability and effect ; but, I de- mand, has any corner of the heart been left unexplored? It has been ransacked to find auxiliary arguments, and, when that attempt failed, to awaken the sensibilities that would require none. Every prejudice and feeling has been summoned to listen to some peculiar style of address ; and yet we seem to believe, and to consider a doubt as an affront, that we are strangers to any influence but that of unbiassed reason. It would be strange, that a subject, whict has roused in turn all the passions of the coun- try, should be discussed without the interfer- ence of any of our own. "We are men, and therefore not exempt from those passions : aa citizens and representatives, we feel the inter- ests that must excite them. The hazard of great interests cannot fail to agitate strong pas- sions. We are not disinterested ; it is impos- sible we should be dispassionate. The warmth of such feelings may becloud the judgment, and, for a time, pervert the understanding. But the public sensibility, and our own, has sharpened the spirit ri inquiry, and given an animation to the debate. The public attention has been quickened to mark the progress of the discussion, and iis judgment, often hasty and erroneous on first impressions, has become solid and enlightened at last. Our result will, I hope, on that account, be the safer and more mature, as well as more accordant with that of the na- tion. The only constant agents in political affairs are the passions of men. Shall we com- plain of our nature — shall we say that man ought to have been made otherwise? It is right already, because he, from whom we de- rive our nature, ordained it so ; and because thus made and thus acting, the cause of truth and the public good is the more surely pro- moted. But an attempt has been made to produce a.n influence of a nature more stubborn, and more, unfriendly to truth. It is very unfairly pre- tended, that the constitutional right of this House is at stake, and to be asserted and pre- served only by a vote in the negative. We hear it said, that this is a struggle for liberty, a manly resistance against the design to nullify this assembly, and to make it a cipher in the government: that the President and senate, the numerous meetings in the cities, and the influence of the general alarm of the country, are the agents and instruments of a scheme of coercion and terror, to force the treaty down our throats, though we loathe it, and in spite of the clearest convictions of duty and con- science.* It is necessary to pause here and inquire, whether suggestions of this kind be not unfair in their very texture and fabric, and pernicious in all their influences. They oppose an obsta- cle in the path of inquiry, not simply discour- aging, but absolutely insurmountable. They will not yield to argument ; for as they were not reasoned up, they cannot be reasoned down. They are higher than a Chinese wall in truth's way, and built of materials that are indestruc- tible. While this remains, it is vain to argue ; it is vain to say to this mountain, be thou cast * See Hildreth'8 History of the United States, second m lies, vol. 1, page 539, et seq. THE BRITISH TREATY. 105 Lnto tlie sea. For, I ask of the men of know- ledge of the world, whether they would not hold him for a blockhead, that should hope to prevail in an argument, whose scope and ob- ject is to mortify the self-love of the expected proselyte ? I ask further, when such attempts have been made, have they not failed of suc- cess ? The indignant heart repels a conviction that is believed to debase it. The self-love of an individual is not warmer in its sense, nor more constant in its action, than what is called in French, Vesprit du corps, or the self-love of an assembly ; that jealous affection which a body of men is always found to bear towards its own prerogatives and power. I will not condemn this passion. Why should we urge an unmeaning censure, or yield to groundless fears that truth and duty will be abandoned, because men in a public assembly are still men, and feel that esprit du corps which is one of the laws of their nature ? Still less should we despond or complain, if we re- flect, that this very spirit is a guardian instinct, that watches over the life of this assembly. It cherishes the principle of self-preservation, and without its existence, and its existence with all the strength we see it possess, the privileges of the representatives of the people, and mediately the liberties of the people, would not be guarded, as they are, with a vigilance that never sleeps, and an unrelaxing constancy and courage. If the consequences, most unfairly attributed to the vote in the affirmative, were not chi- merical, and worse, for they are deceptive, I should think it a reproach to be found even moderate in my zeal, to assert the constitutional powers of this assembly ; and whenever they shall be in real danger, the present occasion affords proof, that there will be no want of ad- vocates and champions. Indeed, so prompt are these feelings, and when once roused, so difficult to pacify, that if we could prove the alarm was groundless, the prejudice against the appropriations may re- main on the mind, and it may even pass for an act of prudence and duty to negative a measure, which was lately believed by ourselves, and may hereafter be misconceived by others, to encroach upon the powers of the House. Prin- ciples that bear a remote affinity with usurpa- tion on those powers will be rejected, not merely as errors, but as wrongs. Our sensibi- lities will shrink from a post, where it is possi- ble they may be wounded, and be inflamed by the slightest suspicion of an assault. While these prepossessions remain, all argu- ment is useless. It may be heard with the ceremony of attention, and lavish its own re- sources, and the patience it wearies, to no nanner of purpose. The ears may be open, but the mind will remain locked up, and every pass to the understanding guarded. Unless, therefore, this jealous and repulsive fear for the rights of the House can be allayed, I will not ask a hearing. I cannot press this topic too far; I cannot address myself with too much emphasis to the magnanimity and candor of those who sit here, to suspect their own feelings, and, while they do, to examine the grounds of their alarm. I repeat it, we must conquer our persuasion, that this body has an interest in one side of the question more than the other, before we at- tempt to surmount our objections. On most subjects, and solemn ones too, perhaps in the most solemn of all, we form our creed mor6 from inclination than evidence. Let me expostulate with gentlemen to admit, if it be only by way of supposition, and for a moment, that it is barely possible tliey have yielded too suddenly to their alarms for the powers of this House ; that the addresses, which have been made with such variety of forms, and with so great dexterity in some of them, to all that is prejudice and passion in the heart, are either the effects or the instruments of artifice and deception, and then let them see the subject once more in* its singleness and simplicity. It will be impossible, on taking a fair review of the subject, to justify the passionate appeals that have been made to us to struggle for our liberties and rights, and the solemn exhortations to reject the proposition, said to be concealed in that on your table, to surrender them for ever. In spite of this mock solemnity, I demand, if the House will not concur in the measure to execute the treaty, what other course shall we take? How many ways of proceeding lie open before us? In the nature of things there are but three , we are either to make the treaty, to observe it, or break it. It would be absurd to say we will do neither. If I may repeat a phrase already so much abused, we are under coercion to do one of them, and we have no power, by the exercise of our discretion, to prevent the con- sequences of a choice. By refusing to act, we choose. The treaty wiU be broken and fall to the ground. Where is the fitness, then, of replying to those who urge upon the House the topics of duty and policy, that they attempt to force the treaty down, and to compel this assembly to renounce its discretion and to degrade itself to the rank of a blind and passive instrument in the hands of the treaty-making power? In case we reject the appropriation, we do not secure any greater liberty of action, we gain no safer shelter than before from the consequences of the decision. Indeed, they are not to be evaded. It is neither just nor manly to complain that the treaty- making power has produced this coercion to act. It is not the art or the despotism of that power, it is the nature of things that compels. Shall we, dreading to become the blind instru- ments of power, yield ourselves the blinder dupes of mere sounds of imposture ? Yet that word, that empty word, coercion, has given scope to an eloquence, that, one would imagine, could not be 1 ired, and did not choose to be quieted. 106 FISHER AMES. Let us examine still more in detail the alter- natives that are before us, and we shall scarcely fail to see, in still stronger lights, the futility of, our apprehensions for the power and liberty of the House. If, as some have suggested, the thing called a treaty is incomplete, if it has no binding force or obligation, the first question is, wiU this House complete the iustrument, and, by con- curring, impart to it that force which it wants. The doctrine has been avowed, that the treaty, though formally ratified by the executive power of both nations, though published as a law for our own by the President's proclama- tion, is still a mere proposition submitted to this assembly, no way distinguishable in point 'of authority or obligation, from a motion for leave to bring in a bill, or any other original act of ordinary legislation. This doctrine, so novel in our country, yet so dear to many, pre- cisely for the reason, that in the contention for power, victory is always dear, is obviously repugnant to the very terms as well as the fair interpretation of our own resolutions — (Mr. liiount's.) We declare, that the treaty-making power is exclusively vested in the President and Senate, and not in this House. Need I say, that we fly in the face of that resolution, when we pretend, that the acts of that power are not valid until we have concurred in them ? It would be nonsense, or worse, to use the lan- guage of the most glaring contradiction, and to claim a share in a power, which we at the same time disclaim as exclusively vested in other departments. What can be more strange than to say, that the compacts of the President and Senate with foreign nations are treaties, without our agency, and yet those compacts want aU power and obligation, until they are sanctioned by our concurrence ? It is not my design in this place, if at all, to go into the discussion of this part of the subject. I will, at least for the present, take it for granted, that this monstrous opinion stands in little need of remark, and if it does,- lies almost out of the reach of refutation. But, say those who hide the absurdity under the cover of ambiguous phrases, have we no discretion ? and if we have, are we not to make use of it in judging of the expediency or inex- pediency of the treaty ? Our resolution claims that privilege, and we cannot surrender it with- out equal inconsistency and breach of duty. If there be any inconsistency in the case, it lies, not in making the appropriations for the treaty, but in the resolution itself — (Mr. Blount's.) Let us examine it more nearly. A treaty is a bargain between nations, binding in good fdith; and what makes a bargain? The assent of the contracting parties. We allow ihat the treaty power is not in this House; this House has no share in contracting, and is not a party : of consequence, the President and Sen- ate alone may make a treaty that is binding in good faith. We claim, however, say the gen- tlemen, a right to judge of the expediency of treaties ; that is the constitutibnal province ol our discretion. Be it so. What follows? Treaties, when adjudged by us to be inex- pedient, fall to the ground, and the public faith is not hurt. This, incredible and extravagant as it may seem, is asserted. The amount of it, in plainer language, is this — the President and Senate are to make national bargains, and this House has nothing to do in making them. But bad bargains do not bind this House, and, of inevitable consequence, do not bind the nation. When a national bargain, called a treaty, is made, its binding force does not depend upon the making, but upon our opinion that it is good. As our opinion on the matter can be known and declared only by ourselves, when sitting in our legislative capacity, the treaty, though ratified, and, as we choose to term it, ma,de, is hung up in suspense, till our sense is ascertained. We condemn the bargain, and it falls, though, as we say, our faith does not. We approve a bargain as expedient, and it stands firm, and binds the nation. Yet, even in this latter case, its force is plainly not derived from the ratification by the treaty- making power, but from our approbation. Who will trace these inferences, and pretend that we have no share, according to the argu- ment, in the treaty-making power? These opinions, nevertheless, have been advocated with infinite zeal and perseverance. Is it pos- sible that any man can be hardy enough to avow them and their ridiculous consequences? Let me hasten to suppose the treaty is con- sidered as already made, and then the alterna- tive is fairly presented to the mind, whether we will observe the treaty or break it. This, in fact, is the naked question. If we choose to observe it with good faith, our course is obvious. Whatever is stipulated to be done by the nation, must be complied with. Our agency, if it should be requisite, cannot be properly refused. And I do not see why it is not as obligatory a rule of conduct for the legislative as for the courts of law. I cannot lose this opportunity to remark, that the coercion, so much dreaded and de- claimed against, appears at length to be no more than the authority of principles, the des- potism of duty. Gentlemen complain we are forced to act in this way, we are forced to swallow the treaty. It is very true, unless we claim the liberty of abuse, the right to act as we ought not. There is but one right way open for us, the laws of morality and good faith have fenced up every other. What sort ol liberty is that, which we presume to exercise against the authority of those laws ? It is foi tyrants to complain, that prmciples are re straints, and that they have no liberty, so long as their despotism has limits. These principles will be unfolded by examining the remaining question : SHALL WE BREAK THE TREATY? The treaty is bad, fatally bad, is the cry. I. THE BRITISH TREATY. 107 sacrifloes the interest, the honor, the independ- ence of the United States, and the faith of our engagements to France. If we listen to the clamor of party intemperance, the evils are of a number not to be counted, and of a nature not to be borne, even in idea. The language of passiqn and exaggeration may silence that of sober reason in other places, it has not done it here. The question here is, whether the treaty be really so very fatal as to oblige the nation to break its faith. I admit that such a treaty ought not to be executed. I admit that self- preservation is the first law of society, as well as of individuals. It would, perhaps, be deemed an abuse of terms to call that a treaty, which violates such a principle. I wave also, for the present, any inquiry, what departments shall represent the nation, and annul the stipulations of a treaty. I content myself with pursuing the inquiry, whether the nature of this compact be such as to justify our refusal to carry it into effect. A treaty is the promise of a nation. Now, promises do not always bind him that makes them. But I lay down two rules, which ought to guide us in this case. The treaty must appear to be bad, not merely in the petty details, but in its character, principle and mass. And in the next place, this ought to be ascertained by the decided and general concurrence of the en- lightened public. I confess there seems to me something very like ridicule thrown over the debate by the discussion of the articles in detail. The undecided point is, shall we break our faith ? And while our country and enlightened Europe await the issue with more than curiosity, we are employed to gather peacemeal, and article by article^ from the instrument, a justi- fication for the deed by trivial calculations of commercial profit and loss. This is little worthy of the subject, of this body, or of the nation. If the treaty is bad, it will appear to be so in its mass. Evil to a fatal extreme, if that be its tendency, requires no proof; it brings it. Ex- tremes speak for themselves and make their own law. What if the direct voyage of Ame- rican ships to Jamaica with horses or lumber, might net one or two per centum more than the present trade to Surinam ; would the proof of the fact avail any thing in so grave a question as the violation of the public engagements ? It is in vain to allege, that our faith, plighted to France, is violated by this new treaty. Our prior treaties are expressly saved from the ope- ration of the British treaty. And what do those mean who say, that our honor was for- feited by treating at all, and especially by such a treaty? Justice, the laws and practice of nations, a just regard for peace as a duty to mankind, and the known wish of our citizens, as well as that self-respect which required it of the nation to act with dignity and moderation, all these forbade an appeal to arms, before we aad tried the effect of negotiation. The honor of the United States was saved, not forfeited, by treating. The treaty itself, by its stipula- tions for the posts, for indemnity, and for a dua observation of our neutral rights, has justly raised the character of the nation. Never did the name of America appear in Europe with more lustre than upon the event of ratifying this instrument. The fact is of a nature to overcome all contradiction. But the independence of the country — we are colonists again. This is the cry of the very men who tell us, that France will resent our exercise of the rights of an independent nation to adjust our wrongs with an aggressor, with- out giving her the opportunity to say, those wrongs shall subsist and shall not be adjusted. This is an admirable specimen of the spirit of independence. The treaty with Great Britain, it cannot be denied, is unfavorable to this strange sort of independence. Few men of any reputation for sense, among those who say the treaty is bad, wOl put that reputation so much at hazard as to pretend that it is so extremely bad as to warrant and require a violation of the public faith. The proper ground of the controversy, therefore, is really unoccupied by the opposers of the treaty ; as the very hinge of the' debate Is on the point, not of its being good or otherwise, but whether it is intolerably and fataUy pernicious. If loose and ignorant declaimers have any where as- serted the latter idea, it is too extravagant, and too solidly refuted, to be repeated here. In- stead of any attempt to expose it still further, I svdll say, and I appeal with confidence to the candor of many opposers of the treaty to ac- knowledge, that if it had been permitted to go into operation silently, like our other treaties, so little alteration of any sort would be made by it in the great mass of our commercial and agricultural concerns, that it would not be gen- erally discovered by its effects to be in force, during the term for which it was contracted. I place considerable reliance on the weight men of candor will give to this remark, because I believe it to be true, and little ajhort of unde- niable. When the panic dread of the treaty shall cease, as it certainly must, it will be seen through another medium. Those, who shall make search into the articles for the cause of their alarms, wiU be so far from finding stipu- lations that will operate fataUy, they will dis- cover few of them that will have any lasting operation at all. Those, which relate to the disputes between the two countries, will spend their force on the subjects in dispute, and ex- tinguish them. The commercial articles are more of a nature to confirm the existing state of things, than to change it. The treaty alarm was purely an address to the imagination and prejudices of the citizens, and not on that ac- count the less formidable. Objections that proceed upon error, in fact or calculation, may be traced and exposed ; but such as are drawn from the imagination or addressed to it, elude definition, and return to domineer over the mind, after having been banished from it by truth. 108 FISHER AMES. I will not so far abuse the momentary strength that is lent to me by the zeal of the occasion, as to enlarge upon the commercial operation of the treaty. I proceed to the second propo- sition,_ -which I have stated as indispensably requisite to a refusal of the performance of a treaty — will the state of public opinion justify the deed ? No government, not even a despotism, will break its faith without some pretext, and it must be plausible, it must be such as will carry the public opinion along with it. Reasons of policy, if not of morality, dissuade even Turkey and Algiers from breaches of treaty in mere wantonness of perfidy, in open contempt of the reproaches of their subjects. Surely, a popular government will not proceed more arbitrarily, as it is more free ; nor with less shame or scru- ple in proportion as it has better morals. It will not proceed against the faith of treaties at all, unless the strong and decided sense of the nation shall pronounce, not simply that the treaty is not advantageous, but that it ought to be broken and annulled. Such a plain mani- festation of the sense of the citizens is indis- pensably requisite ; first, because if the popular apprehensions be not an infallible criterion of the disadvantages of the instrument, their ao- qiescence in the operation of it is an irrefraga- ble proof, that the extreme case does not exist, which alone could justify our setting it aside. In the next place, this approving opinion of the citizens is requisite, as the best preventive of the ill consequences of a measure always so delicate, and often so hazardous. Individuals would, in that case at least, attempt to repel the opprobrium that would be thrown upon Congress by those who will charge it with per- fidy. They would give weight to the testimony of facts, and the authority . of principles, on which the government would rest its vindica- tion. And if war should ensue upon the viola- tion, our citizens would not be divided from their government, nor the ardor of their cour- age be chilled by the consciousness of injustice, and the sense of humiliation, that sense which makes those despicable who know they are despised. I add a third reason, and with me it has a force that no words of mine can augment, that a government, wantonly refusing to fulfil its en- gagements, is the corrupter of its citizens. "Will the laws continue to prevail in the hearts of the people, when the respect that gives them efii- oacy is withdrawn from the legislators ? How shall we punish vice while we practise it ? We have not force, and vain will be our reliance, when we have forfeited the resources of opin- ion. To weaken government and to corrupt morals are effects of a breach of faith not to be prevented ; and from effects they become causes, producing, with augmented activity, more disorder and more corruption ; order will be disturbed and the life of the public liberty shortened. And who, I would inquire, is hardy enough to pretend, that the public voice demands the violation of the treaty ? The evidence of the sense of the great mass of tlie nation is often equivocal; but when was it ever manifested with more energy and precision than at the present moment ? The voice of the people is raised against the measure of refusing the ap- propriations. If gentlemen should urge, never- theless, that all this sound of alarm is a coun- ferfeit expression of the sense of the public, I will proceed to other proofs. If the treaty is ruinous to our commerce, what has blinded the eyes of the merchants and traders ? Surely they are not enemies to trade, or ignorant of their own interests. Their sense is not so liable to be mistaken as that of a nation, and they are almost unanimous. The articles, stipulating the redress of our injuries by captures on the sea, are said to be delusive. By whom is this said ? The very men, whose fortunes are staked upon the competency of that redress, say no such thing. They wait with anxious fear lesv yon should annul that compact on which all their hopes are rested. Thus we offer proof, little short of absolute demonstration, that the voice of our country is raised not to sanction, but to deprecate the non-performance of our engagements. It is not the nation, it is one, and but one branch of the government that proposes to reject them. With this aspect of things, to reject is an act of desperation. I shall be asked, why a treaty so good in some articles, and so harmless in others, has met with such unrelenting opposition ; and how the clamors against it from New Hampshire tu. Georgia, can be accounted for? The appre- hensions so extensively diffused, on its first publication, will be vouched as proof, that the treaty is bad, and that the people hold it in abhorrence. I am not embarrassed to find the answer to this insinuation. Certainly a foresight of its pernicious operation, could not have created all the fears that were felt or affected. The alarm spread faster than the publication of the treaty. There were more critics than readers. Besides, as the subject was examined, these fears have subsided. The movements of passion are quick-er than those of the understanding. We are to> search for the causes of first impressions, not in the articles of this obnoxious and misrepresented instrument, but in the state of the public feeling. The fervor of the revolutionary war had not entirely cooled, nor its controversies ceased, before the sensibilities of our citizens were quickened with a tenfold vivacity, by a new and extraordinary subject of irritation. One oi the two great nations of Europe underwent a change which has attracted all our wonder, and interested all our sympathies. Whatever they did, the zeal of many went with them, and often went to excess. These impressions met with much to inflame, and nothing to re- THE BRITISH TREATY. 109 strain them. In our newspapers, in our feasts, and some of our elections, enthusiasm was ad- mitted a merit, a test of patriotism, and that made it contagious. In the opinion of party, we oohld not love or hate enougli. I dare say, in spite of all the obloquy it may provoke, we were extravagant in both. It is my right to avow that passions so impetuous, enthusiasm so wild, could not subsist without disturbing the sober exercise of reason, without putting at risk the peace and precious interests of our country. They were hazarded. I will not ex- haust the little breath I have left, to say how much, nor by whom, or by what means they were rescued from the .sacrifice. Shall I be called upon to offer my proofs ? They are here, they are every where. No one has forgotten the proceedings of 1794.* No one has forgotten the captures of our vessels, and the imminent danger of war. The nation thirsted not merely for reparation, but vengeance. Suffering such wrongs, and agitated by such resentments, was it in the power of any words of compact, or could any parchment with its seals prevail at once to tranquillize the people? It was im- possible. Treaties in England are seldom pop- ular, and least of all when the stipulations of amity succeed to the bitterness of hatred. Even the best treaty, though nothing be re- fused, will choke resentment, but not satisfy it. * Soon after France declared war against England, citizen Genet (whose clvism liad assisted the revolution that had just been effected at Geneva), was despatched to the United States for the purpose, as appears \>y his instructions, of en- gaging them to talie part in the war, and in case the govern- ment, from motives of prudence and a desire to remain in peace, could not be enlisted, the people were to be stirred up, and by a revolutionary process, plunged into a contest which has done more injury to the morals and happiness of nations than all the wars of the last century. Citizen Genet, perceiving that the success of this mission pould only be expected from a revolutionary movement of the people, commenced his operations at the place of his landing, and by his own agency and that qf his partisans, every popular passion was inflamed, and every convenient means employed through all the States, to produce distrust and confusion among our citizens, and a disorganization of our government. During this disgraceful contest between this foreign agent and our executive, the public opinion for a time hung doubtful and undecided — to the honor of our country, virtue and good sense ultimately triumphed over this incendiary. The revolutionary labors of Citizen Genet were performed la the spring and summer of 1T93; his instructions were probably early known in England, and the spirit and hostility towards that country, which during this season appeared throughout the United States, together with the numerous equipments in our ports of privateers under French commis- sions, must naturally have produced an opinion in the British Cabinet, that the United States would ultimately en- gage in the war on the side of Franco. The orders of the sixth of November, and the speech of Lord Dorchester to the Indians, are more satisfactorily accounted for by suppos- ing the existence of this opinion in England, than by the ex- tiavagant supposition that has been so often made, that they meditated war against the United States because our citizens frere free and our government a republic. Every treaty is as sure to disappoint extrav- agant expectations as to disarm extravagant passions. Of the latter, hatred is one that takes no bribes. They who are animated by the spirit of revenge, will not be quieted by the possibility of profit. Why do they complain, that the West Indies are not laid open 2 Why do they lament, that any restriction is stipulated on the commerce of the East Indies? Why do they pretend, that if they reject this, and insist upon moi-c, more will be accomplished? Let us be explicit — more would not satisfy. If all was granted, would not a treaty of amity with Great Britain still be obnoxious ? Have we not this instant heard it urged against our envoy, that he was not ardent enough in his hatred of Great Bri- tain ? A treaty of amity is condemned because it was not made by a foe, and in the spirit of one. The sifme gentleman, at the same instant, repeats a very prevailing objection, that no treaty should be made with the enemy of France. No treaty, exclaim others, should be made with a monarch or a despot : there will be no naval security while those sea-robbers domineer on the ocean : their den must b*^ destroyed : that nation must be extirpated. I like this, sir, because it is sincerity. With feelings such as these, we do not pant for treaties. Such passions seek nothing, and will be content with nothing, but the destruction of their object. If a treaty left king George his island, it would not answer ; not if he stipulated to pay rent for it. It has been said, the world ought to rejoice if Britain was sunk in the sea; if where there are now men and wealtli and laws and liberty, there was no more than a sand bank for the sea-c^onsters to fatten on ; a space for the storms of the ocean to mingle in conflict. I object nothing to the good sense or human- ity of all this. I yield the point, that this is a proof that the age of reason is in progress. Let it be philanthropy, let It be patriotism, if you will, but it is no indication that any treaty would be approved. The difficulty is not to overcome the objections to the terms ; It is to restrain the repugnance to any stipulations of amity with the party. Having alluded to the rival of Great Britain, I am not unwilling to explain myself; I affect no concealment, and I have practised none. While those two great nations agitate all Europe with their quarrels, they will both equally de- sire, and with any chance of success, equally endeavor to create an influence in America. Each wiU exert all its arts to range our strength on its own side. How is this to be effected ? Our government is a democratical republic. It will not be disposed to pursue a system of poli- tics, in. subservience to either France or Eng- land, in opposition to the general wishes of the citizens : and, if Congress should adopt such measures, they would not be pursued long, nor with much success. From the nature of our government, popularity is the instrument no FISHER AMES. of foreign influence. "Without it, all is labor and disappointment. With that mighty auxi- liary, foreign intrigue finds agents, not only volunteers, but competitors for employment, and any thing like reluctance is understood to be a crime. Has Britain this means of influ- ence? Certainly not. If her gold could buy adherents, their becoming such would depi-ive them of all political power and importance. They would not wield popularity as a weapon, but would fall under it. Britain has no influ- ence, and for the reasons just given can have none. She has enough ; and God forbid she ever should have more. France, possessed of popular enthusiasm, of party attachments, has had, and still has too much influence on our politics — any foreign influence is too much, and ought to be destroyed. I detest the man and disdain the spirit, that can bend to a mean sub- serviency to the views of any nation. It is enough to be Americans. That character com- prehends our duties, and ought to engross our attachments. But I would not be misunderstood. I would not break the alliance with France; I would not have the connection between the two coun- tries even a cold one. It should be cordial and sincere ; but I would banish that influence, which, by acting on the passions of the citizens, may acquire a power over the government. It is no bad proof of the merit of the treaty, that, under all these unfavorable circumstances, it should be so well approved. In spite of flrst impressions, in spite of misrepresentation and party clamor, inquiry has multiplied its advo- cates ; and at last the public sentiment appears to me clearly preponderating to its side. On the most careful review of the several branches of the treaty, ' those which respect political arrangements, the spoliations on our trade, and the regulation of commerce, there is little to be apprehended. The evil, aggravated' as it is by party, is little in degree, and short in duration ; two years from the end of the Euro- pean war. I ask, and I would ask the question signiflcantly, what are the inducements to reject the treaty? What great oWect is to be gained, and fairly gained by it ? n, however, as to the merits of the treaty, candor should suspend its approbation, what is there to hold patriotism a moment in balance, as to the vio- lation of it? Nothing; I repeat confidently, nothing. There is nothing before us in that event but confuMon and dishonor. But before I attempt to develope those con- sequences,' I must put myself at ease by some explanation. STothing is worse received among men than the confutation of their opinions ; and, of these, none are more dear or more vulnerable than their political opinions. To say that a proposi- tion leads to shame and ruin, is almost equiva- lent to a charge that the supporters of it intend to produce them. I throw myself upon the magnanimity and candor of those who hear me. I cannot do justice to my subject without exposing, as forcibly as I can, all the evils in prospect. I readily admit, that in every science, and most of all in politics, error springs from other sources than the want of sense or in- tegrity. I despise indiscriminate professions ol candor and respect. There are individuals op- posed to me of whom I am not bound to say any thing. But of many, perhaps of a majority of the opposers of the appropriations, it gives me pleasure to declare, they possess my confi- dence and regard. There are among them individuals for whom I entertain a cordial affection. The consequences of refusing to make provi- sion for the treaty are not all to be foreseen. By rejecting, vast interests are committed to the spoit cf the winds. Chance becomes the arbiter of events, and it is forbidden to human foresight to count their number, or measure their extent. Before we resolve to leap into this abyss, so dark and so profound, it becomes us to pause and reflect upon sucn jf the dan- gers as are obvious and inevitable. If this as- sembly should be wrought into a temper to defy these consequences, it is vain, it is decep- tive, to pretend that we can escape them. It is worse than weakness to say, that as to public faith our vote has already settled the question. Another tribunal than our own is already erect- ed. The public opinion, not merely of our own country, but of the enlightened world, wUl pro- nounce a judgment that we cannot resist, that we dare not even affect to despise. WeU may I urge it to men who know the worth of character, that it is no trivial calamity to have it contested. Refusing to do what the treaty stipulates shall be done, opens the con- troversy. Even if we should stand justified at last, a character that is vindicated is something worse than it stood before, unquestioned and unquestionable. Like the plaintiff in an action of slander, we recover a reputation disfigured by invective, and even tarnished by too much handling. In the combat for the honor of the nation it- may receive some wounds, which, though they should heal, will leave scars. I need not say, for surely the feelings of every bosom have anticipated, that we cannot guard this sense of national honor, this everlasting fire which alone keeps patriotism warm in the heart, with a sensibility too vigilant and jealous. If, by executing the treaty, there is no possi-, bility of dishonor, and if, by rejecting, there is some foundation for doubt and for reproach, it is not for me to measure, it is for your own feelings to estimate the vast distance that di- vides the one side of the alternative from the other. If, therefore, we should enter on the exami- nation of the question of duty and obligation with some feelings of prepossession, I do not hesitate to say, they are such as we ought to have : it is an after inquiry to determine whether they are such as ought finally to be resisted. THE BRITISH TREATY. HI The resolution (Mr. Blount's*) is less explicit than the constitution. Its patrons should have made it more so, if possible, if they had any doabts, or meant the public should entertain none. Is it the sense of that vote, as some have insinuated, that we claim a right, for any cause or no cause at all but our own sovereign will and pleasure, to refuse to execute, and thereby to annul the stipulations of a treaty — that we have nothing to regard but the expe- diency or inexpediency of the measure, being absolutely freo from all obligation by compact to give it our sanction? A doctrine so mon- strous, so shameless, is refuted by being avow- ed. There are no words you could express it in, that would not convey both confutation and reproach. It would outrage the ignorance of the tenth century to believe, it would baffle the casuistry of a papal council to vindicate. I venture to say it is impossible : no less impos- sible than that we should desire to assert the scandalous privilege of being free after we have pledged our honor. It is doing injustice to the resolution of the House, (which I dislike on many accounts) to strain the interpretation of it to this extrava- gance. The treaty-making power is declared by it to be vested exclusively in the President and Senate. Will any man in his senses affirm that it can be a treaty before it has any binding force or obligation ? If it has no binding force upon ns, it has none upon Great Britain. Let candor answer, is Great Britain free from any obligation to deliver the posts in June, and are we willing to signify to her that we think so ? Is it with that nation a question of mere expe- diency or inexpediency to do it, and that, too, even after we have done all that depends upon us to give the treaty eifect? No sober man be- lieves this. No one, who would not join in condemning the faithless proceedings of that nation, if such a doctrine should be avowed and carried into practice — and why complain, if Great Britain is not bound ? There can be * The following are the resolutions moved by Mr. Blount, of North Carolina, to which Mr. Ames refers : Resolved^ That it being declared by the second section of the second article of the constitution, "that the President shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the senators present concur," the House of Eepresentatives do not claim any agency in making treaties ; but that when a treaty stipulates regulations on any of the subjects submitted by the consti- tution to the power of Congress, it must depend for its ex^ ecution, as to such stipulations, on a law or laws to be passed by Congi'css, and it is the constitutional right and duty of the House of Eepresentatives, in all such cases, to deliberate on the expediency or inexpediency of carrying such treaty Into effect, and to determine and act thereon, ae in their judgment may be most conducive to the public good. Eesolved^ That it is not necessary to the propriety of any application from this House to the Executive for information desired by them, and which may relate to any constitutional functions of the House, that the purposes for which such in- formation may be wanted, or to which the same may be ap- plied, should be stated in the application. no breach of faith where none is plighted. I shall be told that she is bound. Surely it fol- lows, that if she is bound to performance, our nation is under a similar obligation; if both parties be not obliged, neither is obliged, it is no compact, no treaty. Tliis is a dictate of law and common sense, and every jury in the coun- try has sanctioned it on oath. It cannot be a treaty and yet no treaty, a bargain, yet no promise ; if it is a promise, I am not to read a lecture to show why an honest man will keep his promise. The reason of tlie thing, and the words of the resolution of the House, imply that the United States engage their good faith in a treaty. "We disclaim, say the majority, the treaty-making power; we of course disclaim (they ought to say) every doctrine that would put a negative upon the doings of that power. It is the prerogative of folly alone to maintain both sides of a proposition. Will any man affirm the American nation is engaged by good faith to the British nation ; but that engagement is nothing to this House ? Such a man is not to be reasoned with. Such a doctrine is a coat of mail, that would turn the edge of all the weapons of argument, if they were sharper than a sword. WiU it be imagined the King of Great Britain and the President are mutually bound by the treaty, but the two nations are free ? It is one thing for this House to stand in a position that presents an opportunity to break the faith of America, and another to establish a principle that will justify the deed. We feel less repugnance to believe that any other body is bound by obligation than our own. There is not a man here who does not say that Great Britain is bound by treaty. Bring it nearer home. Is the Senate bound ? Just as much as the House, and no more. Sup- pose the Senate, as part of the treaty power, by ratifying a treaty on Monday, pledges the public faith to do a certain act. Then, in their ordinary capacity as a branch of the legisla- ture, the Senate is called upon on Tuesday to perform that act, for example, an appropria- tion of money — is the Senate (so lately under obligation) now free to agree or disagree to the act? If the twenty ratifying senators should rise up and avow these principles, saying, we struggle for liberty, we will not be ciphers, mere puppets, and give their votes accordingly, would not shame bhster their tongues, would not infamy tingle in their ears— would not their country, which they had insulted and dis- honored, though it should be silent and forgiv- ing, be a revolutionary tribunal, a rack on which their own reflections would stretch them? This, sir, is a cause that would be dishonored and betrayed, if I contented myself with ap- pealing only to the understanding. It is too cold, and its processes are too slow for the oc- casion. I desire to thank God, that since he has given me an intellect so fallible, he has im- 112 FISHER AMES. pressed upon me an instinct that is sure. On a question of shame and honor, reasoning is sometimes useless, and worse. I feel the de- cision in my pulse — if it throws no light upon the brain, it kindles a fire at the heart. It is not easy to deny, it is impossible to doubt, that a treaty imposes an obligation on the American nation. It would be childish to consider the President and Senate obliged, and the nation and the House free. What is the obli- gation — perfect or imperfect ? If perfect, the de- bate is brought to a conclusion. If imperfect, how large a part of our faith is pawned ? Is half our honor put at risk, and is that half too cheap to be redeemed ? How long has this hair-split- ting subdivision of good faith been discovered, and why has it escaped the researches of the writers on the law of nations ? Shall we add a new chapter to that law, or insert this doc- trine as a supplement to, or more properly a repeal of the ten commandments ? The principles and the example of the British Pai'liament have been alleged to coincide with the doctrine of those who deny the obligation of the treaty. I have not had the health to make very laborious researches into this sub- ject. I will, however, sketch my view of it. Several instances have been noticed, but the treaty of Utrecht is the only one that seems to be at all applicable. It has been answered, that the conduct of Parliament in that cele- brated example, affords no sanction to our re- fusal to carry the treaty into effect. The obli- gation of the treaty of Utrecht has been understood to depend on the concurrence of Parliament, as a condition to its becoming of force. If that opinion should, however, ap- pear incorrect, still the precedent proves, not that the treaty of Utrecht wanted obligation, but that Parliament disregarded it; a proof, not of the construction of the trfeaty-making power, but of the violation of a national en- gagement. Admitting still farther, that the Parliament claimed and exercised its power, not as a breach of faith, but as a matter of constitutional right, I reply, that the analogy between Parliament and Congress totally fails. The nature of the British government may re- quire and justify a course of proceeding in re- spect to treaties, that is unwarrantable here. The British government is a mixed one. The king, at the head of the army, of the hierarchy, with an ample civil list, hereditary, unrespon- sible, and possessing the prerogative of peace and war, may be properly observed with some jealousy in respect to the exercise of the treaty- making power. It seems, and perhaps from a spirit of caution on this account, to be their doctrine, that treaties bind the nation, but are not to be regarded by the courts of law, until laws have been passed conformably to them. Our concurrence has expressly regulated the matter differently. The concurrence of Parlia- ment is necessary to treaties becoming laws in England, gentlemen say ; and here the Senate, representing the States, must concur in treaties. The constitution and the reason of the case, make the concurrence of the Senate as effectual as the sanction of Parliament, and why not? The Senate is an elective body, and the appro- bation of a majority of the States affords the nation as ample security against the abuse of the treaty-making power, as the British nation can enjoy in the control of Parliament. Whatever doubt there may be as to the Par- liamentary doctrine of the obligation of treaties in Great Britain, (and perhaps there is some,) there is none in their books, or their modern practice. Blaokstone represents treaties as of the highest obligation,- when ratified by the king; and for almost a century, there has been no instance of opposition by Parliament to this doctrine. Their treaties have been uniformly carried into effect, although many have been ratified, of a nature most obnoxious to party, and have produced louder clamor than we have lately witnessed. The example of England, therefore, fairly examined, does not warrant, it dissuades us from a negative vote. Gentlemen have said, with spirit, whatever the true doctrine of our constitutioi may be. Great Britain has no right to complain or to dictate an interpretation. The sense of the American nation as to the treaty power, is to be received by all foreign nations. This is very true as a maxim ; but the fact is against those who vouch it. The sense of the Ameri- can nation is not as the vote of the House has declared it. Our claim to some agency in givmg force and obligation to treaties, is beyond all kind of controversy novel. The sense of the nation is probably against it. The sense of the government certainly is. The President denies it on constitutional grounds, and therefore can- not ever accede to our interpretation. The Senate ratified the treaty, and cannot without dishonor adopt it, as I have attempted to show. Where then do they find the proof that this is the American sense of the treaty-making pow- er, which is to silence the murmurs of Great Britain? Is it because a majority of two or three, or at most, of four or five of this House, will reject the treaty ? Is it thus the sense of our nation is to be recognized ? Our govern ment may thus be stopped in its movements — a struggle for power may thus commence, and the event of the conflict may decide who is the victor, and the quiet possessor of the treaty power. But at present it is beyond all credi- bility that our vote, by a bare majority, should be believed to do any thing better than to em- bitter our divisions, and to tear up the settled foundations of our departments. If the obligation of a treaty be complete, I am aware that cases sometimes exist which will justify a nation in refusing a compliance. Are our liberties, gentlemen demand, to be bar- tered away by a treaty — and is there no reme dy? There is. Extremes are not to be sup- posed, but when they happen, they make the law for themselves. No such extreme can b« pretended in this instance, and if it existed, THE BRITISH TREATY. 113 the authority it would confer to throw off the ohligatipn, would rest where the obligation it- self resides — ^in the nation. This House is not the nation — it is not the whole delegated au- thority of the nation. Being only a part of that authority, its right to act for the whole society obviously depends on the concurrence of the other two branches. If they refuse to concur, a treaty, once made, remains in full force, although a breach on the part of a foreign nation would confer upon our own a right to forbear the execution. I repeat it, even in that case the act of this House cannot be ad- mitted as the act of the nation, and if the Presi- dent and Senate should not concur, the treaty would be obligatory. I put a case that will not fail to produce con- viction. Our treaty with France engages that free bottoms shall make free goods, and how has it been kept? As such engagements will ever be in time of war. France has set it aside, and pleads imperious necessity. We have no navy to enforce the observance of such articles, and paper barriers are weak against the vio- lence of those who are on the scramble for ene- mies' goods on the high seas. The breach of any article of a treaty by one nation gives an undoubted right to the other to renounce the whole treaty. But has one branch of the gov- ernment that right, or must it reside with the whole authority of the nation ? What if the Senate should resolve that the French treaty is broken, and therefore null and of no effect? The answer is obvious, you would deny their sole authority. That branch of the legislature has equal power in this regard with the House of Representatives. One branch alone cannot express the will of the nation. A right to annul a treaty because a foreign nation has broken its articles, is only like the case of a sufficient cause to repeal a law. In both cases the branches of our government must concur in the orderly way, or the law and the treaty will remain. The very oases supposed by my adversaries in this argument, conclude against themselves. They will persist in confounding ideas that should be kept distinct, they wiU suppose that the House of Representatives has no power un- less it has all power. The House is nothing if it be not the whole government — ^the nation. On every hypothesis, therefore, the conclu- sion is not to be resisted ; we are either to execute this treaty, or break our faith. To expatiate on the value of public faith may pass with some men for declamation — to such men I have nothing to say. To others I will urge — can any circumstance mark upon a peo- ple more turpitude and debasement? Oan any thing tend more to make men think them- selves mean, or degrade to a lower point their estimation of virtue, and their standard of ac- tion? It would not merely demoralize mankind, it tends to V break all the ligaments of society, to dissolve that mysterious charm which attracts 8 individuals to the natian, and to inspire in its stead a repulsive sense of shame and disgust. What is patriotism ? Is it a narrow affection for the spot where a man was born ? Are the very clods where we tread entitled to this ar- dent preference because they are greener ? No, sir, this is not the character of the virtue, and it soars higher for its object. It is an extended self-love, mingling with all the enjoyments of life, and twisting itself with the minutest fila- ments of the heart. It is thus we obey the laws of society, because they are the laws of virtue. In their authority we see, not the array of force and terror, but the venerable image of our country's honor. Every good citizen makes that honor his own, and cherishes it not only as precious, but as sacred. He is willing to risk his life in its defence, and is conscious that he gains protection while he gives it. For, what rights of a citizen will be deemed invio- lable when a state renounces the principles that constitute their security? Or if his life should not be invaded, what would its enjoyments be in a country odious in the eyes of strangers and dishonored in his own? Gould he look with affection and veneration to such a country as his parent? The sense of having one would die within him; he would blush for his patriot- ism, if he retained any, and justly, for it would be a vice. He would be a banished man in his native land. I see no exception to the respect that is paid among nations to the law of good faith. If there are cases in this enlightened period when it is violated, there are none when it is decried. It is the philosophy of politics, the religion of governments. It is observed by barbarians— a whiff of tobacco smoke, or a string of beads, gives not merely binding force, but sanctity to treaties. Even in Algiers, a truce may be bought for money, but when ratified, even Algiers is too wise, or too just, to disown and annul its obligation. Thus we see, neither the ignorance of savages, nor the principles of an association for piracy and rapine, permit a nation to despise its engagements. If, sir, there could be a resurrection from the foot of the gaUows, if the victims of justice could live again, collect together and form a society, they would, however loath, soon find themselves obliged to make justice, that justice under which they fell, the fundamental law of their state. They would perceive it was their in- terest to make others respect, and they would therefore soon pay some respect themselves to the obligations of good faith. It is painful, I hope it is superfluous, to make even the supposition, that America should fur- nish the occasion of this opprobrium. No, let me not even imagine, that a republican govern- ment, sprung, as our own is, from a people enlightened and uncorrupted, a government whose origin is right, and whose daily disci- pline is duty, can, upon solemn debate, make its option to be faithless — can dare to act what despots dare not avow, what our own example 114 FISHER AMES. evinces, the states of Barbary are unsuspected of. No, let me rather make the supposition, that Great Britain refuses to execute the treaty, after we have done every thing to carry it into effect. Is there any language of reproach pun- gent enough to express your commentary on the fact? What would you say, or rather, what would you not say? Would you not tell them, wherever an Englishman might travel, shame would stick to him — he would disown his country. You would exclaim, England, proud of your wealth, and arrogant in the pos- session of power' — blush for these distinctions, which become the vehicles of your dishonor. Such a nation might truly say to corruption, thou art my father, and to the worm, thou art my mother and my sister. We should say of such a race of men, their name i§ a heavier burden than their debt. I can scarcely persuade myself to believe, that the consideration I have suggested requires the aid of any auxiliary. But, unfortunately, auxiliary arguments are at hand. Five millions of dollars, and probably more, on the score of spoliations committed on our commerce,. depend upon the treaty. The treaty offers the only prospect of indemnity. Such redress is promised as the merchants place some confidence in. Will you interpose and frustrate that hope, leaving to many families nothing but beggary and despair ? It is a smooth proceeding to take a vote in this body: it takes less than half an hour to call the yeas and nays and reject the treaty. But what is the effect of it ? What, but this : the very men, formerly so loud for redress ; such fierce champions, that even to ask for justice was too mean and too slow, now turn their capricious fury upon the sufferers, and say, by their vote, to them and their fami- lies, no longer eat bread ; petitioners, go home and starve, we cannot satisfy your wrongs and our resentments. Will you pay the sufferers out of the trea- sury ? JTo. The answer was given two years ago, and appears on our journals. Will you give them letters of marque and reprisal to pay themselves by force? No, that is war. Besides, it would be an opportunity for those who have already lost much to lose more. Will you go to war to avenge their injury ? If you do, the war will leave you no money to indemnify them. If it should be unsuccessful, yon will aggravate existing evils; if successful, your enemy will have no treasure left to give our merchants : the first losses wiU be confounded with much greater and be forgotten. At the end of a war there must be a negotiation, which is the very point we have already gained; and why relinquish it ? -And who will be con- fident that the terms of the negotiation, after a desolating war, would be more acceptable to another House of Representatives than the treaty before us. Members and opinions may be so changed, that the treaty would then be rejected for being what the present majority say it should be. Whether we shall go on making treaties and refusing to execute them, I know not. Of this I am certain, it will be very difficult to exercise the treaty-making power on the new principles, with much repu- tation or advantage to the country. The refusal of the posts, (inevitable if we re- ject the treaty,) is a measure too decisive in its nature to be neutral in its consequences. From great causes we are to look for great effects, A plain and obvious one will be, the price Ox the western lands will fall. Settlers will not choose to fix their habitation on a field of battle. Those who talk so much of the interest of the United States, should calculate how deeply it would be affected by rejecting the treaty; how vast a tract of wild land will almost cease to be property. This loss, let it be observed, will fall upon a fund expressly devoted to sink the national debt. What, then, are we called upon to do ? However the form of the vote and the protestations of many may disguise the proceeding, our resolution is in substance, and it deserves to wear the title of a resolution to prevent the sale of the western lands and the discharge of the public debt. Will the tendency to Indian hostilities be contested by any one? Experience gives the answer. The frontiers were scourged with war till the negotiation with Great Britain was far advanced, and then the state of hostility ceased. Perhaps the public agents of both nations are innocent of fomenting the Indian war, and per- haps they are not. We ought not, however, to expect that neighboring nations, highly irritated against each other, will neglect the friendship of the savages ; the traders will gain an influ-' ence and will abuse it; and who is ignorant that their passions are easily raised, and hardly restrained from violence ? Their situation wiU oblige them to choose between this country and Great Britain, in case the treaty should be rejected. They will not be our friends, and at the same time the friends of our enemies. But am I reduced to the necessity of proving this ]jomt ? Certainly the very men who charged the Indian war on the detention of the posts, will call for no other proof than the re- cital of their own speeches. It is remembered with what emphasis, with what acrimony, they expatiated on the burden of taxes, and the drain of blood and treasure into the western country, in consequence of Britain's holding the posts. Until the posts are restored, they ex- claimed, the treasury and the frontiers must bleed. If any, against all these proofs, should main- tain that the peace with the Indians wDl be stable without the posts, to them I will urge another reply. From arguments calculated to produce conviction, I will appeal du'ectly to the hearts of those who hear me, and ask, whether it is not already planted there ? I resort especially to the convictions of the western gentlemen, whether, supposing no posts and no treaty, the settlers wiU remain in security? Can they take it upon them to say that an ix- THE BRITISH TREATY. 115 dian peace, under these circumstances, will prove firm ? No, sir, it will not be peace, but a swoi'd : it will be no better than a lure to draw victims within the reach of the toma- hawk. On this theme my emotions are unutterable. If I could find words for them, if my powers bore any proportion to my zeal, I would swell my voice to such a note of remonstrance, it should reach every log-house beyond the moun- tains. I would say to the inhabitants, Wake from your false security ; your cruel dangers, your more cruel apprehensions are soon to be renewed : the wounds, yet unhealed, are to be torn open again; in the day time your path through the woods will be ambushed ; the darkness of midnight will glitter with the blaze of your dwellings. You are a father — the blood of your sons shall fatten your corn-fields : you are a mother — the warwhoop shall wake the sleep of the cradle. On this subject you need not suspect any de- ception on your feelings. It is a spectacle of horror which cannot be overdrawn. If you have nature in your hearts, it will speak a lan- guage, compared with which all I have said or can say will be poor and frigid. Will It be whispered that the treaty has made me a new champion for the protection of the frontiers ? It is known that my voice as well as vote have been uniformly given in con- formity with the ideas I have expressed. Pro- tection is the right of the frontiers ; it is our duty to give it. Who will accuse me of wandering out of the subject ? Who will say that I exaggerate the tendencies of our measures ? Will any one an- swer by a sneer, that all this is idle preaching? Will any one deny that we are bound, and I would hope to good purpose, by the most solemn sanctions of duty for the vote we give ? Are despots alone to be reproached for unfeeling in- difference to the tears and blood of their sub- jects ? Are republicans unresponsible ? Have the principles, on which you ground the re- proach upon cabinets and kings, no practical influence, no binding force ? Are they merely themes of idle declamation, introduced to deco- rate the morality of a newspaper essay, or to furnish pretty topics of harangue from the win- dows of that State-house ? I trust it is neither too presumptuous nor too late to ask : Can you put the dearest interests of society at risk with- out guilt and without remorse ? It is vain to offer as an excuse, that public men are not to be reproached for the evils that may happen to ensue from their measures. This is very true, where they are unforeseen or inevitable. Those I have depicted are not unforeseen ; they are so far from inevitable, we are going to bring them into being by our vote. We choose the consequences, and become as justly answerable for them as for the measure that we know wiU produce them. By rejecting the posts, we light the savage fires, we bind the victims. This day we under- take to render account to the widows and or- phans whom our decision will make, to the wretches that will be roasted at the stake, to our country, and I do not deem it too serious to say, to conscience and to God. We are an- swerable, and if duty be any thing more than a word of imposture, if conscience be not a bug- bear, we are preparing to make ourselves as wretched as our country. There is no mistake in this case, there can be none. Experience has already been the pro- fit of events, and the cries of our future victims have already reached us. The western inhab- itants are not a silent and uncomplaining sacrifice. The voice of humanity issues from the shade of their wilderness. It exclaims, that while one hand is held up to reject this treaty, the other grasps a tomahawk. It summons our imagination to the scenes that wiU open. It is no great effort of the imagination to conceive, that events so near are already begun. I can fancy that I listen to the yells of savage ven- geance, and the shrieks of torture. Already they seem to sigh in the west wind — already they mingle with every echo from the moun- tains. It is not the part of prudence to be inatten- tive to the tendencies of measures. Where there is any ground to fear that these will be pernicious, wisdom and duty forbid that we should underrate them. If we reject the treaty, will our peace be as safe as if we executed it with good faith ? I do honor to the intrepid spirit of those who say it will. It was formerly understood to constitute the excellence of a man's faith to believe without evidence and! against it. But as opinions on this article are changed, and we are called to act for our country, it be- comes us to explore the dangers that will at- tend its peace, and to avoid them if we can. Few of us here, and fewer still in proportion of our constituents, will doubt, that, by reject- ing, all those dangers will be aggravated. The idea of war is treated as a bugbear. This levity is at least unseasonable, and most of aU unbecoming some who resort to it. Who has forgotten the philippics of 1794? The cry then was reparation — no envoy — no treaty — no tedious delays. Now, it seems, the passion subsides, or at least the hurry to satisfy it. Great Britain, say they, will not wage war upon us. In 1794, it was urged by those, who now say, no war, that if we built frigates, or resisted the piracies of Algiers, we could not expect peace. Now they give excellent comfort truly. Great Britain has seized our vessels and cargoes to the amount of millions ; she holds the posts ; she interrupts our trade, say they, as a neutral nation ; and these gentlemen, formerly so fierce for redress, assure us, in terms of the sweetest consolation. Great Britain will bear all this patiently. But let me ask the late champions of our rights, will our nation bear it? Let others exult because the aggressor will let our 116 FISHER AMES. wrongs isleep for ever. Will it add, it is mj duty to ask, to the patience and quiet of our citizens to see their rights abandoned? Will not the disappointment of their hopes, so long patronized by fne government, now in the crisis of their being realized, convert aU their pas- sions into fury and despair ? . Are the posts to remain for ever in the pos- session of Great Britain ? Let those who reject them, when the treaty offers them to our hands, say, if they choose, they are of no importance. If they are, wiU they take them by force? The argument I am urging, would then come to a point. To use force is war. To talk of treaty again is too absurd. Posts and redress must come from voluntary good wiU, treaty or war. The conclusion is plain, if the state of peace shall continue, so will the British possession of the posts. Look again at this state of things. On the sea-coast, vast losses uncompensated : on the frontier, Indian war, actual encroachment on our territory : every where discontent — resent- ments tenfold more fierce because they will be impotent and humbled : national scorn and abasement. The disputes of the old treaty of 1783, being left to rankle, will revive the almost extin- guished animosities of that period. Wars, in all countries, and most of all in such as are free, arise from the impetuosity of the public feel- ings. The despotism of Turkey is often obliged by clamor, to unsheathe the sword. War might perhaps be delayed, but could not be prevented. The causes of it would remain, would be aggra- vated, would be multiplied, and soon become intolerable. More captures, more impressments would swell the list of our wrongs, and the cur- rent of our rage. I make no calculation of the arts of those, whose employment it has been, on former occasions, to fan the fire. I say no- thing of the foi-eign money and emissaries that might foment the spirit of hostility, because the state of things will naturally run to violence. With less than their former exertion, they would be successful, i Will our government be able to temper and restrain the turbulence of such a crisis ? The government, alas, will be in no capacity to gov- ern. A divided people — and divided councils ! Shall we cherish the spirit of peace, or show the energies of war ? Shall we make oar ad- versary afraid of our strength, or dispose him, by the measures of resentment and broken faith, to respect our rights? Do gentlemen rely on the state of peace because both nations will be worse disposed to keep it ; because in- juries, and insults still harder to endure, will be mutually offered ? Such a state of things will exist, if we should long avoid war, as will be worse than war. Peace without security, accumulation of injury without redress, or the hope of it, resentment against the aggressor, contempt for ourselves, intestine discord and anarchy. Worse than this need not be apprehended, for if worse could happen, anarchy would bring it. Is this the peace, gentlemen undertake with such fearless confidence to maintain ? is this the station of American dignity, which the high-spirited champions of our national independence and honor could endure — ^nay, which they are anxious and almost violent to seize for the country? What is there in the treaty, that could humble us so low ? Are they the men to swallow their resentments, who so lately were choking with them? If in the case con- templated by them, it should be peace, I do not hesitate to declare it ought not to be peace. Is there any thing in the prospect of the in- terior state of the country, to encourage us to aggravate the dangers of a war ? Would not the shock of that evil produce another, and shake down the feeble and then unbraced structure of our government? Is this a chi- mera ? Is it going off the ground of matter of fact to say, the rejection of the appropriation proceeds upon the doctrine of a civil war of the departments? Two branches have ratified a treaty, and we are going to set it aside. How is this disorder in the machine to be rectified ? While it exists, its movements must stop, and when we talk of a remedy, is that any other than the formidable one of a revolutionary in- terposition of the people ? And is this, in the judgment even of my opposers, to execute, to preserve the constitution and the public order? Is this the state of hazard, if not of convulsion, which they can have the courage to contem- plate and to brave, or beyond which their penetration can reach and see the issue ? They seem to believe, and they act as if they believed, that our union, our peace, our liberty are in- vulnerable and immortal — as if our happy state was not to be disturbed by our dissensions, and that we are not capable of falling from it by our unworthiness. Some of them have no doubt better nerves and better discernment than mine. They can see the bright aspects and happy consequences of all this array of horrors. They can see intestine discords, our government disorganized, our wrongs aggra- vated, multiplied and unredressed, peace with dishonor, or war without justice, union, or re- sources, in " the calm lights of mild philos- ophy." But whatever they may anticipate as the next measure of prudence and safety, they have explained nothing to the House. After rejecting the treaty, what is to be the next step ? They must have foreseen what ought to be done, they have doubtless resolved what to propose. Why, then, are they silent? Dare they not avow their plan of conduct, or do they wait tiU our progress towards confusion shall guide them in forming it ? Let me cheer the mind, weary, no doubt, and ready to despond on this prospect, by present- ing another, which it is yet in our power to realize. Is it possible for a real American to THE BEITISH TREATY. 117 look at the prosperity of this country without some desire for its continuance, without some re- spect for the measures which, many will say, produced, and all will confess, have preserved it ? Will he not feel some dread that a change of system will reverse the scene ? The well- grounded fears of our citizens in 1794, were removed by the treaty, hut are not forgotten. Then they deemed war nearly inevitable, and would not this adjustment have been consider- ed, at that day, as a happy escape from the calamity ? The great interest and the general desire of our people, was to enjoy the advan- tages of neutrality. This instrument, however misrepresented, affords America that inesti- mable security. The causes of our disputes are either cut up by the roots, or referred to a new negotiation after the end of the European war. This was gaining every thing, because it con- firmed our neutrality, by which our citizens are gaining every thing. This alone would justify the engagements of the government. Eor, when the flery vapors of the war lowered in the skirts of our horizon, all our wishes were concentred in this one, that we might escape the desolation of the storm. This treaty, like a rainbow on the edge of the cloud, marked to our eyes the space where it was raging, and af- forded, at the same time, the sure prognostic of fair weather. If we reject it, the vivid colors will grow pale, it wiU be a baleful meteor, por- tending tempest and war. Let us not hesitate, then, to agree to the ap- propriation to carry it into faithful execution. Thus we shall save the faith of our nation, se- cure its peace, and diffuse the spirit of confi- dence and enterprise, that will augment its prosperity. The progress of wealth and im- provement is wonderM, and some will think, too rapid. The field for exertion is fruitful and vast, and if peace and good government should be preserved, the acquisitions of our citizens are not so pleasing as the proofs of their Indus- try, as the instruments of their future success. The rewards of exertion go to augment its power. Profit is every hour becoming capital. The vast crop of our neutrality is all seed- wheat, and is sown again to swell,, almost be- yond calculation, the future harvest of pros- perity. And in this progress, what seems to be fiction is found to fall short of experience. I rose to speak under impressions that ^ would have resisted if I could. Those who see me will believe, that the reduced state of my health has unfitted me, almost equally, for much exertion of body or mind. Unprepared for debate, by careful reflection in my retire- ment, or by long attention here, I thought the resolution I had taken to sit silent, was im- posed by necessity, and would cost me no effort to maintain. With a mind thus vacant of ideas, and sinking, as I really am, under a sense of weakness, I imagined the very desire of speak- ing was extinguished by the persuasion that I had nothing to say. Yet when I come to the moment of deciding the vote, I start back with dread from the edge of the pit into which we are plunging. In my view, even the minutes I have spent in expostulation have their value, because they protract the crisis, and the short period in which alone we may resolve to es- cape it. I have thus been led by my feelings to speak more at length than I had intended. Yet I have, perhaps, as little personal interest in the event as any one here. There is, I believe, no member who will not think his chance to be a witness of the consequences greater than mine. If, however, the vote should pass to reject, and a spirit should rise, as it will, with the public disorders, to make confusion worse confounded, even I, slender and almost broken as my hold upon life is, may outlive the govern- ment and constitution of my country. JOHN RUTLEDGE. About the year 1735, Doctor John Kutledge and his brother arrived in South Carolina, where they commenced the practice of their professions ; one as a physician, the other as a counsellor and advocate at law. Dr. Rutledge was married to Miss Hext, who in the fifteenth year of her age gave birth to the illustrious subject of this memoir. Shortly after this period Doctor Eut- ledge died, and the young child was left to the sole guardianship of its mother. Pursuing his elementary studies under the supervision of one of the most efficient and successful of South Carolina's early instructors, and after he had made some progress in the classics, Mr. Rutledge entered the law office of James Parsons. Soon after he went to England and studied in the Temple, from which place he returned to Charleston in 1761, and commenced practice. One of the first causes in which he was engaged, originated his reputation as an orator and a pleader of extraordinary talent. Instead of rising gradually to the foremost position in his profession, he burst forth at once the able lawyer and the accomplished orator. His professional engage- ments became numerous, and the client who was so fortunate as to obtain his services, was thought to be in a fair way to gain his cause. In the controversy during the year 1764, consequent upon the refusal of Governor Boone to administer to Christopher Gadsden* the oaths usual in installing members of the House of As- sembly, Mr. Rutledge took a decided stand against that "assumption of power," and in an elo- quent appeal, roused the Assembly and the people to resist all interferences of royal governors. In this resistance " Rutledge kindled a spark which has never since been extinguished." The proposition of the Massachusetts Assembly, at the time of the stamp act excitement, to the assemblies of the difierent provinces, to meet for consultation " on the present circumstances of the colonies, and the difficulties to which they are and must be reduced by the operation of the acts of Parliament," was warmly advocated by Mr. Rutledge, and in 1765 he took his seat in the first Congress at New York. In this assembly, wherein was generated the spirit of union and the independence of the colonies, Mr. Rutledge distinguished himself as much by the force of his reasoning as by the splendor of his eloquence. The delegates from the other provinces were astonished at the young rhetorician, and the impressions he left on their minds produced a favorable opinion of the colony from which he came. Of the Congress which convened at Philadelphia in 1774, Mr. Rutledge was a member. Previous to his election to this assembly, there was much difference of opinion expressed by the people of South Carolina, in reference to the extent of the pledges which were to be made by that province to the Bostonians, and a proposition was offered to instruct the delegates how far to support them. This motion was opposed by Mr. Rutledge in an eloquent and masterly speech, demonstrating that any thing less than unlimited powers would be unequal to the crisis. In this eflrort he was successful. The delegates were invested with full authority to concur in whatever course they should think expedient, and their subsequent conduct fully justified the * Christoplier Gadsden was born in Charleston, in 1724. He was educated in England, where he became accomplieiied in the learned languages. He returned to America at the age of sixteen, and entered the counting-house of a merchant in JOHN RUTLEDGE. 119 confidence reposed in them. Mr. Rutledge remained in Congress until 1776, when he returned to Charleston and was elected President and Commander-in-Chief of South Carolina, under the republican constitution established by the people on the twenty-sixth of March of that year. On the third of April following, the Legislative Council and House of Assembly presented a joint address to President Rutledge, in which they set forth their reasons for assuming the pow- ers of government. "When we reflect," said they, "upon the unprovoked, cruel, and accumu- lated oppressions under which America in general, and this colony in particular, has long con- tinued ; oppressions which, gradually increasing in injustice and violence, are now, by inexorable tyranny, perpetrated against the United Colonies, under the various forms of robbery, conflagra- tions, massacre, breach of public faith, and open war ; conscious of our natural and unalienable rights, and determined to make every effort in our power to retain them, we see your Excel- lency's elevation from the midst of us, to govern this country, as the natural consequence of such outrages. " By the suflTrages of a free people, sir, you have been chosen to hold the reins of govern- ment, an event as honorable to yourself as beneficial to the public. We firmly ti-ust that you win make the constitution the great rule of your conduct ; and in the most solemn manner we do assure your Excellency that, in the discharge of your duties, under that constitution which looks forward to an accommodation with Great Britain, (an event which, though traduced and treated as rebels, we still earnestly desire,) we will support you with our lives and fortunes." • President Rutledge's answer to this firm and decisive address, evinces a spirit of the loftiest patriotism and self-sacrifice. " My most cordial thanks are due," says he, " and I request that you wiU accept them, for this solemn engagement of support, in discharging the duty of the honorable station to which, by your favor, I have been elected. " Be persuaded, that no man would embrace a just and equitable accommodation with Great Britain more gladly than myself; but, until so desirable an object can be obtained, the defence of my country, and preservation of that constitution which, from a perfect knowledge of the rights, and a laudable regard to the happiness of the people, you have so wisely framed, shall engross my whole attention. To this comitry I owe all that is dear and valuable, and would, with the greatest pleasure, sacrifice every temporal felicity to establish and perpetuate her freedom." From this time he employed himself in arranging the affairs of the State, and particularly - in preparing for her defence against an expected invasion by the British. Late in June (1776), General Sir Henry Clinton and Sir Peter Parker, with a powerful fleet and army, attempted the reduction of Charleston. After an engagement of over ten hours with the Americans, in the fort on Sullivan's Island, they were repulsed. On this occasion President Rutledge ren- dered signal service to his country. General Lee, who commanded the continental troops, pronounced Sullivan's Island to be a " slaughter pen," and was disposed to give orders for its evacuation. To prevent this unwise course, the following laconic note was sent to General Moultrie, a short time before the attack was made by the British : " General Lee wishes you to evacuate the fort. You will not without an order from me. I would sooner cut off my hand than write one. — J. Rtttlbdge." In March, 1778, President Rutledge resigned his ofBce, and was soon after elected Governor, Philadelphia, in which position he remained until he was twenty-one years of age. He then went to England, and on hia return engaged in mercantile pursuits in Charleston. Mr. Gadsden was one of the earliest opponents of Great Britain in South Carolina, and, as the revolution advanced, was one of its firmest supporters. This circumstance caused the refusal of Gov. Boone to qualify him for his position in the assembly. He was a delegate in the first Continental Congress in 1774, and his name is attached to the American Asao' eiaiion agreed to by that body. In 1775 he was elected senior colonel and commandant of three South Carolina regiments, and was subsequently made a brigadier. He was in the engagement at the siege of Charleston in 1776. He was one of the tramers of the Constitution of South Carolina, adopted in 1778. He resigned his commission in 1779, and when Charleston was taken by Clinton, in 1780, he was lieutenant-governor ; as such, he signed the capitulation. Three months afterward he was taken, with others, and cast into the loathsome prison at St. Augustine. There he suffered for eleven months, until exchanged in June, 1781, when he sailed to Philadelphia with other prisoners. He returned to Charleston, and was a mem- ber of the assembly convened at Jacksonburg in the winter of 1782. He opposed the confiscation of the property of the loyalists, and thereby won their esteem. He was elected governor of the State in 1782, but declined the honor, and wpftt into the retirement of private life. He died on the twenty-eighth of August, 1805, at the age of eighty-one years. 120 JOHN EUTLEDGE. under a new constitution. His exertions in this position were untiring and important. On the termination of his executive duties in 1782, he was elected to Congress, where he remained until the next year. " In this period," says Dr. Ramsay, "he was called upon to perform an extra ordinary duty. The surrender of Lprd Oornwallis, in October, 1781, seemed to paralyze the exertions of the States. Thinking the war and all its dangers past, they no longer acted with suitable vigor. Congress, fearing that this state of affairs would encourage Great Britain to recommence hostilities, sent deputations of their members to arouse the States to a sense oJ their danger and duty. On the twenty-second of May, 1782, John Eutledge and George Olymer* were sent in this capacity, and instructed ' to make such representations to the several States southward of Philadelphia, as were best adapted to their respective circumstances and the present situation of public affairs, as might induce them to oaiTy the requisitions of Congress into effect with the greatest dispatch.' They were permitted to make a personal address to the Virginia Assembly. In the execution of this duty, Mr.. Eutledge drew such a picture of the United States, and of the danger to which they were exposed by the backwardness of the par ticular States to comply with the requisitions of Congress, as produced a very beneficial efifect The orator acquitted himself with so much ability, that the Virginians, who, not without reason, are proud of their statesmen and orators, began to doubt whether their Patrick Henry or th«> Carolina Eutledge was the most accomplished speaker.'' Shortly after this period, Mr. Eutledge was appointed Minister from the United States to Holland, but declined the office. In the year 1784 he was elected Judge of the Court of Chancery in South Carolina, and afterwards was appointed, by President Washington, to the bench of the Supreme Court of the United States, in which office he remained until 1791, when he was elected Chief Justice of his native State. In the several public stations to which Judge Eutledge was elevated, he displayed the greatest ability and the highest qualities of statesmanship. He died in July, 1800. " While Massachu- setts boasts of her John Adams," says Dr. Eamsay — ^" Connecticut of her Ellsworth — New York of her Jay — Pennsylvania of her Wilson — ^Delaware of her Bayard — Virginia of her Henry — South Carolina rests her claims on the talents and eloquence of John Eutledge." SPEECH TO THE SOUTH CAROLINA ASSEMBLY. This speech was delivered by President Rut- ledge, to the Legislative Council and House of Assembly of South Carolina, at Charleston, on the eleventh of April, 1776. * George Clymer was born at Philadelphia, in 17S9. He was among the first to resist the oppressors of his country, and proclaim to his fellow-citizens the principles of liberty. In 1773 he opposed the sale of tea sent out by the British government. In 1775 he became one of the first continental treasurers, and was Yery efficient in raising funds and sup- plies for the army. As a member of the Continental Con- gress, in the next year he signed the Declaration of Inde- pendence. With Robert Morris he co-operated in the establishment of the Bank of North America. After the adoption of the Federal Constitution, he was again a member of Congress. In 1796 he was sent to Georgia, to negotiate with Hawlcins and Pickens a treaty with the Cherokee and Creek Indians. He was afterwards the president of the Philadelphia bank, and of the Academy of Fine Arts. In the various stations he filled, he was remarkable for the punctual and conscientious discharge of duty. He died on the twenty-third of January, 1818, at Morrisville, Bucks County, Penn. Honorable Gentlemen op the Legislative Council — Me. Speaker and Gentlemen of thk General Assembly : It has afforded me much satisfaction to observe, that though the season of the year rendered your sitting very incon- venient, your private concerns, which must have suffered greatly by your long and close application, in the late Congress, to the affairs of the colony, requiring your presence in the county, yet continuing to prefer the public weal to ease and retirement, you have been busily engaged in framing such laws as our peculiar circumstances rendered absoliitely necessary to be passed before your adjournment. Having given my assent to them, I presume you are now desirous of a recess. On my part, a most solemn oath has been taken for the faithful discharge of my duty; on yours, a solemn assurance has been given to support me therein. Thus, a public compact between us stands recorded. You may rest assured that I shall keep this oath ever in mind — ^the constitution shall be the invariable rule of my conduct — my ears shall be always SPEECH TO THE SOUTH CAROLINA ASSEMBLY. 121 open to the complaints of the injured, justice, in mercy, shall neither be denied, or delayed. Our laws and religion, and the liberties of America, shall be maintained and defended, to the utmost of my power. I repose the most pel feet confidence in your engagement. And now, gentlemen, let me entreat that you will, in your several parishes and districts, use your influence and authority to keep peace and good order, and procure strict observance of, and ready obedience to the law. If any per- sons therein are still strangers to the nature and merits of the dispute between Great Britain and the colonies, you will explain it to them fuUy, and teach them, if they are so unfortunate as not to know their inherent rights.' Prove to them, that the privileges of being tried by a jury of the vicinage, acquainted with the par- ties and witnesses ; of being taxed only with their own consent, given by their representa- tives, freely chosen by, and sharing the bur- then equally with themselves, not for the aggrandizing a rapacious minister, and his de- pendent favorites, and for corrupting the people, and subverting their liberties, but for such wise and salutary purposes, as they themselves ap- prove ; and of having their internal polity regu- lated, only by laws consented to by competent judges of what is best adapted to their situa- tion and circumstances, equally bound too by those laws, are inestimable, and derived from that constitution, which is the birth-right of the poorest man, and the best inheritance of the most wealthy. Relate to them the various, unjust and cruel statutes, which the British parliament, claiming a right to make laws for binding the colonies in aU cases whatsoever, have enacted ; and the many sanguinary mea- sures which have been, and are daily pursued and threatened, to wrest from them those in- valuable benefits, and to enforce such an un- limited and destructive claim. To the most illerate it must appear, that no power on earth can, of right, deprive them of the hardly earned fruits of their honest industry, toil and labor — even to them, the impious attempt to prevent many thousands from using the means of sub- sistence provided for man by the bounty of his Creator, and to compel them, by famine, to surrender their rights, wiU seem to call for Divine vengeance. The endeavors, by deceit and bribery, to engage barbarous nations to imbrue their hands in the innocent blood of helpless women and children ; and the attempts by fair but false promises, to make ignorant domestics subservient to the most wicked purposes, are acts at which humanity must revolt. Show your constituents, then, the indispen sable necessity which there was for establishing some mode of government in this colony ; the benefits of that, which a fuU and free repre- sentation has established ; and that the consent of the people is the origin, and their happiness the end of government. Remove the appre- hensions with which honest and well-meaning, but weak and credulous, minds, may be alarm- ed, and prevent iU impressions by artful and designing enemies. Let it be known that this constitution is but temporary, till an accommo- dation of the unhappy differences between Great Britain and America can be obtained; and that such an event is still desired by men who yet remember former friendships and inti- mate connections, though, for defending their persons and properties, they are stigmatized and treated as rebels. Truth, being known, will prevail over arti- fice and misrepresentation. In such case no man, who is worthy of life, liberty, or property, will, or can, refuse to join with you, in defend- ing them to the last extremity, disdaining every sordid view, and the mean paltry considerations of private interest and present emolument, when placed in competition with the liberties of mil- lions ; and seeing that there is no alternative but alDsolute, unconditional submission, and the most abject slavery, or a defence becoming men born to freedom, he will not hesitate about the choice. Although superior force may, by the permission of Heaven, lay waste our towns, and ravage our country, it can never eradicate from the breasts of freemen, those principles which are ingrafted in their very nature. Such men will do their duty, neither knowing, nor re- garding consequences ; but submitting them, with humble confidence, to the omniscient and omnipotent arbiter and director of the fate of empires, and trusting that his Almighty arm, which has been so signally stretched out for our defence, will deliver them in a righteous cause. The eyes of Europe, nay of the whole world, are on America. The eyes of every other colony are on this ; a colony, whose reputation for generosity and magnanimity, is universally acknowledged. I trust, therefore, it will not be diminished by our future conduct, that there will be no civU discord here ; and that the only strife amongst brethren will be, who shaU do most to serve and to save an oppressed and injured country. 122 JOHK EUTLEDGE. SPEECH TO THE GENERAL ASSEMBLY. Governor Kutledge delivered the following Bpeecli to the General Assembly of South Caro- lina, met at Jacksonburgh, in that State, on Friday, the eighteenth day of January, 1782. It evinces his unwearied zeal and attention to the interests of the colonies, and presents a vivid picture of the perfidy, rapine, and cruelty which distinguished the British arms in the Southern campaign.* HONOEABLE GeNTLEMBN OF THE SeNATB — Mb. Speakeb and Gentlemen of the House OF Representatives : Since the last meeting of a General Assembly, the good people of this State have not only felt the common calamities of war, but from the wanton and savage man- ner, in which it has been prosecuted, they have experienced such severities as are unpractised, and will scarcely be credited by civilized na- tions. The enemy unable to make any impression on the Northern States, the number of whose inhabitants, and the strength of whose country, had baffled their repeated eflforts, turned their views towards the Southern, which a difference of circumstances afforded some expectation of conquering, or at least of greatly distressing. After a long resistance, the reduction of Charles- ton was effected, by the vast superiority of force with which it had been besieged. The loss of that garrison, as it consisted of the Con- tinental troops of Virginia and the Carolinas, and of a number of militia, facilitated the ene- my's march into the country, and their estab- lishment of strong posts in the upper and interior parts of it ; and the unfavorable issue of the action near Camden, induced them vain- ly to imagine, that no other army could be collected which they might not easily defeat. The militia, commanded by the Brigadiers Sumpter and Marion, whose enterprising spirit and unremitted perseverance under many diffi- culties, are deserving of great applause, harass- ed and often defeated large parties ; but the numbers of those militia were too few to con- tend effectually with the collected strength of the enemy. Regardless, therefore, of the sacred ties of honor, destitute of the feelings of hu- manity, and determined to extinguish, if possi- ble, every spark of freedom in this country ; they, with the insolent pride of conquerors, gave unbounded scope to the exercises of their tyrannical disposition, infringed their public engagements, and violated the most solemn capitulations ; many of our worthiest citizens, were without cause, long and closely confined, some on board of prison ships, and others in * This speech was published in the Pennsylvania Packet, at the 14th of March, 1783. the town and castle of St. Augustine, their pro- perties disposed of at the will and caprice oi the enemy, and their families sent to different and distant parts of the continent without the means of support ; many who had surrendered as prisoners of war were killed in cold blood ; several suffered death in the most ignominious manner, and others were delivered up to sav- ages, and put to tortures, under which they ex- pired ; thus, the lives, liberties, and properties of the people were dependent, solely, on the pleasure of British officers, who deprived them of either or all on the most frivolous pretences ; Indians, slaves, and a desperate banditti of the most profligate characters, were caressed and employed by the enemy to execute their infa- mous purposes; devastation and ruin marked their progress and that of their adherents, nor were their violences restrained by the charms or influence of beauty and innocence ; even the fair sex, whom it is the duty of all, and the pleasure and pride of the brave to protect, they and their tender offspring were victims to the inveterate malice of an unrelenting foe; neither the tears of mothers nor the cries of infants could excite in their breasts pity or compassion ; not only the peaceful habitation of the widow, the aged, and the inflrm, but the holy temples of the Most High were consumed, in flames kindled by their sacrilegious hands ; they have tarnished the glory of the British arms, disgraced the profession of a soldier, and fixed indelible stigmas of rapine, cruelty, per- fidy, and profaneness on the British name. But I can now congratulate you, and I do most cordially on the pleasing change of affairs, which, under the" blessing of God, the wisdom, prudence, address, and bravery of the great and gallant General Greene, and the intrepidity oi the officers and men under his command have happily effected. A general who is justly en- titled, from his many signal services to honor- able and singular marks of your approbation and gratitude ; his successes have been more rapid and complete than the most sanguine could have expected ; the enemy, compelled tc surrender or evacuate every post which they held in the country, frequently defeated and driven from place to place, are obliged to seek refuge under the walls of Charleston, and on islands in its vicinity ; we have now the full and absolute possession of every other part of the State, and the legislative, executive, and judicial powers are in the free exercise of then respective authorities. I also most heartily congratulate you on the glorious victory obtained by the combined forces of America and France, over their com- mon enemy : when the very general who was second in command at the reduction of Charles- ton, and to whose boasted prowess and highly I extolled abilities the conquest of no less thar SPEECH TO THE GEliTEEAL ASSEMBLY 123 three States had been arrogantly committed, was speedily compelled to accept of the same mortifying terms which had been imposed on that brave but unfortunate garrison : to sur- render an army of many thousand regulars, and to abandon his wretched followers, whom he had artfully seduced from their allegiance by specious promises of protection, which he could never have hoped to fulfil, to the justice or mercy of their country, on the naval superiority established by the illustrious ally of the United States — a superiority in itself so decided, and in its consequences so extensive, as must in- evitably soon oblige the enemy to yield to us the only post which they occupy in this State : and on the reiterated proofs of the sincerest friendship, and on the great support which America has received from that powerful mon- arch — a monarch whose magnanimity is uni- versally acknowledged and admired, and on whose royal word we may confidently rely for every necessary assistance : on the perfect har- mony which subsists between France and Ame- rica : on the stability which her independence has acquired, and the certainty that it is too deeply rooted ever to be shaken ; for animated as they are by national honor, and united by one common interest, it must and will be main- tained. What may be the immediate efifects on the British nation, of the events which I have mentioned, of their loss of territory in other parts of the world, and of their well-founded apprehensions from the powers of France, Spain, and Holland, it is impossible to foretell. If experience can teach wisdom to a haughty and infatuated people, and if they will now be governed by reason, they will have learnt they can have no solid ground of hope to conquer any State in the Union ; for though their armies have obtained temporary advantages over our troops, yet the citizens of these States, firmly resolved as they are never to return to a domi- nation which, near six years ago, they unan- imously and justly renounced, cannot be sub- dued ; and they must now be convinced, that it is the height of folly and madness to' persist in so ruinous a war. If, however, we judge, as we ought, of their future by their past conduct, we may presume that they wiU not only en- deavor to keep possession of our capital, but make another attempt, howsoever improbable the success of it may appear, to subjugate this country : it is therefore highly incumbent upon us, to use our most strenuous efforts to frustrate so fatal a design ; and I earnestly conjure you, by the sacred love which you bear to your country, by the constant remembrance of her bitter sufferings, and by the just detestation of British government which you and your pos- terity must for ever possess, to exert your ut- most faculties for that purpose, by raising and equipping, with all possible expedition, a re- spectable permanent force, and by making ample provision for their comfortable subsist- ence. I am sensible the expense will be great ; but a measure so indispensable to the preserva- tion of our freedom is above every pecuniary consideration. The organization of our militia is likewise a subject of infinite importance: a clear and con- cise law, by which the burdens of service will be equally sustained, and a competent number of men brought forth and kept in the field, when their assistance may be required, is essen- tial to our security, and therefore justly claims your immediate ^nd serious attention : certain it is, that some of our militia have, upon several occasions, exhibited symptoms of valor which would have reflected honor on veteran troops. The courage and conduct of the generals whom I have mentioned ; the cool and determined bravery displayed by Brigadier Pickens, and, indeed, the behavior of many officers and men in every brigade, are unquestionable testimonies of the truth of this assertion. But such beha- vior cannot be expected from militia in gene- ral, without good order and strict discipline ; nor can that order and discipline be established, but by a salutary law, steadily executed. Another important matter for your delibera- tion, is the conduct of such of our citizens as, voluntarily avowing their allegiance, and even glorying in their professions of loyalty and attachment to his Britannic Majesty, have offered their congratulations on the success of his arms, prayed to be embodied as loyal mili- tia, accepted commissions in his service, or en- deavored to subvert our constitution and estab- lish his power in its stead ; of those who have returned to this State, in defiance of law, by which such return was declared to be a capital offence, and have bettered the British interest, and of such whose behavior has been so repre- hensible, that justice and policy forbid their free re-admission to the rights and privileges of citizens. The extraordinary lenity of this State has been remarkably conspicuous. Other States have thought it just and expedient to appro- priate the property of British subjects to the public use ; but we have forborne even to take the profits of the estates of our most implacable enemies. It is with you to determine whether the forfeiture and appropriation of their pro- perty should now take place: if such should be your determination, though many of our warm est friends have been reduced for their inflex- ible attachment to the cause of their country, from opulence to inconceivable distress, and, if the enemy's will and power had prevailed, would have been doomed to indigence and beggary, yet it will redound to the reputation of this State, to provide a becoming support for the families of those whom you may deprive of their property. The value of paper currency became of late so much depreciated, that it was requisite, under the powers vested in the executive during the recess of the General Assembly, to suspend the laws by which it was made a tender. You will now consider whether it may not be propel 124 JOHN KUTLEDGE. to repeal those laws, and fix some equitable mode for the discharge of debts contracted whilst paper money was in circulation. In the present scarcity of specie, it would be difficult, if not impracticable, to levy a tax to any considerable amount, towards sinking the public debt, nor will the creditors of the State expect that such a tax should at this time be imposed; but it is just and reasonable, that all unsettled demands should be liquidated, and satisfactory assurances of payment given to the public creditors. The interest and honor, the safety and happi- ness of our country, depend so much on the result of your deliberations, that I flatter myself you will proceed in the weighty business before you with firmness and temper, with vigor, unanimity and despatch. JAMES MADISON. James Madison was born on the sixteenth of March, 1751, at the dwelling of his matema! grandmother, near the town of Port Eoyal, on the banks of the Eappahannock, in Virginia. After acquiring the rudiments of a classical education, under the tuition of Donald Eobertson, a native of Scotlajid, and the Reverend Thomas Martin, his parish minister, he entered the college of New Jersey, at Princeton, which was then under the presidency of the " sterling Doctor John Witherspoon." Here he completed his collegiate studies, and in the autumn of 1771, received the degree of bachelor of arts. While at college his health became impaired by too strict appli- cation to his studies, and remained delicate and feeble for some years. These infirmities, how- ever, did not deter him from .persevering in his literary pursuits. He devoted himself to a sys- tematic and extensive course of reading, somewhat miscellaneous, but principally with reference to the law, although Jie formed no absolute determination to enter upon its practice ; which, Burke says, while it sharpens the wits, does not always enlarge the mind. Early instilled with the noble principles of civil and religious liberty, he strenuously resisted all forms of cruelty or oppression. He was particularly active in opposing the persecution of the early Baptists in Virginia, who were, in some instances, consigned to jaU for violating the law which prohibited preaching by dissenters from the established church. At the beginning of the dispute with Great Britain, he manifested great zeal in the cause of the Americans, and was prevented from taking up arms only by the feeble condition of his health. ' In the spring of 1776 he was chosen a member of the Virginia legislature, and in 1778 was appointed one of the executive councillors, which place he retained untU the next year, when he was elected a delegate to the Continental Congress. Of this body he became an active and leading member, taking a prominent part in many of its important transactions. During the years 1784, 1785, and part of 1786, he was a member of the legislature of his native State, and distinguished him- self by his laborious efforts to establish a reform in the federal system. All his energies were devoted to this object. The Virginia legislature appointed him a delegate to the Annapolis Convention, which met in September, 1786, to devise a uniform system of commercial regula- tions, which should be binding on the whole confederacy when acceded to by all the States. This movement resulted in the recommendation of a convention of delegates from all the States, to be held at Philadelphia, in May, 1787, and finally in the adoption of the Federal Constitution. Of that convention Mr. Madison was one of the most distinguished members. He took a promi- nent part in the debates, and rendered eminent service in perfecting the constitution as adopted. His notes of those proceedings and debates, published since his death, form a.n invaluable chap- ter in the legislative history of the country. Mr. Madison, in his wUl, dated the fifteenth of April, 1835, thus notices this work : " Considering the peculiarity and magnitude of the occa- sion which produced the convention at Philadelphia in 1787, the characters who composed it, the constitution which resulted from their deliberations, its effects during the trial of so many years on the people living under it, and the interest it has inspired among the friends of free government, it is not an unreasonable inference that a careful and extended report of the pro- eeedings and discussions of that body, which were with closed doors, by a member who was 126 JAMES MADISON. constant in his attendance, will be particularly gratifying to tlie people of the United States, and to all who take an interest in the progress of political science and the cause of true liberty. Il is my desire that the report as made by me should be published." The constitution, on its adoption by the National Convention, was submitted to the several States' for ratification. The Virginia Convention assembled for that purpose in June, 1788. Mr. Madison was a member of that body. His speeches were full of power, and evinced a high order of statesmanship. Although opposed by the vehement and torrent-like oratory of Patrick Henry, and the persuasive eloquence of George Mason, he gained his cause : the constitution was adopted, and Virginia entered the Union. In the interval between the adjournment of the Federal Convention at Philadelphia, and the meeting of the State Committees to sanction it,. Mr. Madison w as associated with Hamilton and Jay in the production of the celebrated series of essays under the title of The Federalist* These essays exerted an important influence with the people in favor of the constitution. In April, 1789, he took his seat in the Congress assembled at New York. Here he was continued oy re-elections until March, 1797, the close of the administration of Washiagton. In the pro- ceedings of Congress during this time, he bore an active and important ptrt ; addressed the House upon all matters of moment, and in all the leading measures occupied an influential posi- tion. He opposed the funding system, the national bank, and other measures of the adminis- tration which originated with Hamilton, Secretary of the Treasury ; and acted generally with the anti-federalists, who sustained the views of Mr. Jefferson, then Secretary of State. On Mr. Madison's retirement from Congress, in 1797, he was elected to the Virginia legislature, where he distinguished himself by his opposition to the alien and sedition iaws which had been passed by the federal party in Congress. Mr. Jeiferson being elected President of the United States in 1801, appointed Mr. Madison to the oflioo of Secretary of State. He remained in that station during the whole of Mr. Jeffer- son's administration, and in 1809 was himself elected to the presidency. In 1812 Congress de- clared war against Great Britain. To this measure Mr. Madison reluctantly consented, consider- ing war "only and rarely tolerable as a necessary evU, to be kept off as long, and whenever it takes place, to be closed as soon, as possible." The same year he was re-electc-d President, and performed his duties during the exigencies of the war with firmness and ability. On the cap- ture of Washington by the British, in 1814, he, with many of the principal officers, was obliged to fly to escape from being made prisoner. After the return of peace, which was consummated by the Treaty of Ghent, in December, 1814, the remaininder of his administration was pros- perous and tranquil, and when he retired from office the country was flourishing, with a reviving commerce and rapidly increasing manufactures. At the close of his presidency he retired to his estate at Montpelier, Virginia, where he lived until his death, which occurred on the twenty-eighth of June, 1836. On the annunciation of his decease, by President Jackson, to the Senate and House of Eepresentatives, John Quincy Adams, the only surviving ex-president, and then a member of the lower House, delivered the following eloquent tribute to his memory : " It is not without some hesitation and some diffidence, that I have risen to offer, in my own behalf and that of my colleagues upon this floor, and of our common constituents, to join our voice at once of mourning and of exultation, at the event announced to both Houses of Congress by the message from the President of the United States — of mourning at the bereavement which has befallen our common country, by the decease of one of her most illustrious sons ; of exultation at the spectacle afforded to the observation of the civilized world, and for the emulation of after times, by the close of a life of usefulness and glory, after forty years of service in trusts of the highest dignity and splendor that a oonflding country could bestow, succeeded by twenty years of retirement and private life, not inferior, in the estimation of the virtuous and wise, to the honors of the highest station that ambition can ever attain. * The authorsliip of the different numbers of this woric, Mr. Madison designates in his own copy and in his own hand-writing, as follows ; Nos. 1, 6, 7, 8, 9, 11, 12, 18, 15, 16, IT, 21, 22, 28, 24, 25, 26, 27, 28, 29, 30, SI, 82, 83, 84, 86, 86, 59, 60, 61, 65 to 85 inclusiye, by Alexander namilton. Nos. 10, 14, 18, 19, 20, 37 to 58 inclusive, and 62 and 68 by Jcunea itadi. «on. Nos, 2, 3, 4, 5, 64, by John Jay, THE FEDERAL OONSTITUTIOJf. 127 " Of the public life of James Madison, what could I say that is not deeply impressed upon the memory and upon the heart of every one within the sound of my voice ? Of his private life, what but must meet an echoing shout of applause from every voice within this hall ? Is it not, in a pre-eminent degree, by emanations from his mind that we are assembled here as the representatives of the people and States of this Union?' Is it not transcendently by his exer- tions that we all address each other here by the endearing appellation of countrymen and fel- low-citizens? Of that band of benefactors of the human race, the founders of the Constitution of the United States, Jambs Madison is the last who has gone to his reward. Their glorious work has survived them all. They have transmitted the precious bond of union to us, now entirely a succeeding generation to them. May it never cease to be a voice of admonition tr us of our duty to transmit the inheritance unimpaired to our chDdren of the rising age.'' THE FEDERAL CONSTITUTION This speech is composed of several delivered by Mr. Madison, in the Virginia Convention, during the session of that assembly in June, 1788:* Mr. Chairman : In what I am about to offer to this assembly, I shall not attempt to make impressions by any ardent professions of zeal for the public welfare. We know that the prin- ciples of every man will be, and ought to be judged, not by his professions and declarations, but by his conduct. By that criterion, I wish, in common with every other member, to be iudged ; and even though it should prove un- favorable to my reputation, yet it is a criterion from which I by no means would depart, nor could if I would. Comparisons have been made between the friends of this constitution and those who oppose it. Although I disap- prove of such comparisons, I trust that in every thing that regards truth, honor, candor and rec- titude of motives, the friends of this system, here and in other States, are not inferior to its opponents. But professions of attachment to the public good, and comparisons of parties, at all times invidious, ought not to govern or in- fluence us now. Wb ought, sir, to examine the constitution exclusively on its own merits. We ought to inquire whether it will promote the public happiness; and its aptitude to produce that desirable object, ought to be the exclusive subject of our researches. In this pursuit, we ought to address our arguments not to the feel- ings and passions, but to those understandings and judgments which have been selected, by the people of this country, to decide that great question, by a calm and rational investigation. I hope that gentlemen, in displaying their abili- ties on this occasion, will, instead of giving opinions and making assertions, condescend to prove and demonstrate, by fair and regular dis- cussion. It gives me pain to hear gentlemen t See second note at page 18. continually distorting the n&iural constructior of language. Assuredly, it is suflBcient if anj human production can stand a fair discussion. Before I proceed to make some additions to the reasons which have been adduced by my hon- orable friend over the way, I must take the liberty to make some observations on what was ,. said by another gentleman, (Mr. Henry.) He ; told us that this constitution ought to be reject- ed, because, in his opinion, it endangered the public liberty, in many instances. Give me leave to make one answer to that observation — ^let the dangers with which this system is supposed to be replete, he clearly pointed out. If any dangerous and unnecessary powers be given to the general legislature, let them be plainly demonstrated, and let us not rest satis- fied with general assertions of dangers, without proof, without examination. If powers be necessary, apparent danger is not a sufficient reason against conceding them. He has sug- i 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 abridgment of the freedom of the people, by gradual and silent encroachments of those in power, than by vio- lent and sudden usurpations : but on a candid examination of history, we shall find that tur- bulence, violence and abuse of power, by the majority trampling on the rights of the mi- nority, 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 generally resulted from those causes. If we consider the peculiar situation of the United States, and go to the sources of that diversity of sentiment which pervades its 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 republics, This danger ought to bo wisely guarded against 128 JAMES MADISON. In the progress of this discussion, it will per- haps appear, that the only possible remedy for those evils, and the only certain means of pre- serving and protecting the principles of repub- licanism, will be found in that very system which is now exclaimed against as the parent of oppression. I must confess that I have not been able to find his usual consistency in the gentleman's arguments on this occasion. He informs us that the people of this country are at perfect repose ; that every man enjoys the fruits of his labor peaceably and securely, and that every thing is in perfect tranquillity and safety. I wish sincerely, sir, this were true. But if this be really their situation, why has every State acknowledged the con- trary ? "Why were deputies from all the States sent to the general convention? Why have complaints of national and individual distresses been echoed and re-echoed throughout the con- tinent ? 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? A federal government is formed for the protection of its individual members. Ours was itself attacked with im- punity. Its authority has been boldly disobey- ed and openly despised. I think I perceive a glaring inconsistency in another of his argu- ments. He complains of this constitution, be- cause it requires the consent of at least three- fourths of the States to introduce amendments, which shall be necessary for the happiness of the people. The assent of so many, he con- siders as too great an obstacle to the admission of salutary amendments, which he strongly in- sists ought to be at the will of a bare majority, and we hear this argument at the very mo- ment we are called upon to assign reasons for proposing a constitution, which puts it in the power of nine States to abolish the present inadequate, imsafe and pernicious confedera- tion ! In the first case, he asserts that a ma- jority ought to have the power of altering the government, when found to be inadequate to the security of public happiness. In the last case, he aflBrms that even three-fourths of the community have not a right to alter a govern- ment, which experience has proved to he sub- versive of national felicity ; nay, that the most necessary and urgent alterations cannot be made without the absolute unanimity of all the States. Does not the thirteenth article of the confede- ration expressly require, that no alteration shall be made without the unanimous consent of all the States ? Can any thing in theory be more perniciously improvident and injudicious than this submission of the will of the majority to the most trifling minority ? Have not experi- ence and practice actually manifested this theo- retical inconvenience to be extremely impoli- tic? Let me mention one fact, which I con- ceive must carry conviction to the mind of any one, — the smallest State in the Union has ob- Btructed every attempt to reform the govern- ment ; that little member has repeatedly diso- beyed and counteracted the general authority; nay, has even supplied the enemies of its coun- try with provisions. Twelve States had agreed to certain improvements which were proposed, being thought absolutely necessary to preserve the existence of th6 general government ; but as these improvements, though really indispen- sable, could not, by the confederation, be in- troduced into it without the consent of every State, the refractory dissent of that little State prevented their adoption. The inconveniences resulting from this requisition of unanimous con- currence in alterations of the confederation, must be known to every member in this con- vention ; it is therefore needless to remind them of them. Is it not self-evident, that a trifling ) minority ought not to bind the majority? i Would not foreign influence be exerted with facOity over a small minority? Would the honorable gentleman agree to continue the most radical defects in the old system, because the petty State of Rhode Island would not agree to remove them ? He next objects to the exclusive legislation over the district where the seat of the govern- ment may be fixed. Would he submit that the representatives of this State should carry on their deliberations under the control of any one mem- ber of the Union ? If any State had the power of legislation over the place where Congress should fix the general government, it would impair the dignity, and hazard the safety of Congress. If the safety of the Union were un- der the control of any particular State, would not foreign corruption probably prevail in such a State, to induce it to exert its controlling in- fluence over the members of the general gov- ernment? Gentlemen cannot have forgotten the disgraceful insult which Congress received some years ago. And, sir, when we also re- flect, that the previous cession of particular States is necessary, before Congress can legis- late exclusively any where, we must, instead of being alarmed at this part, heartily approve of it. But the honorable member sees great danger in the provision concerning the militia. Now, sir, this I conceive to be an additional security to our liberties, without diminishing the power of the States in any considerable degree; it appears to me so highly expedient, that I should imagine it would have found advocates even in the warmest friends of the present system. The authority of training the militia and ap- pointing the officers, is reserved to the States. But Congress ought to have the power of es^ tablishing a uniform system of discipline, throughout the States ; and to provide for the ■. execution of the laws, suppress insurrections,,' and repel invasions. These are the only cases wherein -they can interfere with the militia; and the obvious necessity of their having pow- er over them in these cases, must flash convic- tion on any reflecting mind. Without uni- formity of discipline, military bodies would be incapable of action ; without a general control- THE FEDERAL CONSTITUTION. 129 ing power to call fortli the strength of the Union, for the purpose of repelling invasions, the country might be overrun, and conquered by foreign enemies. "Without such a power to suppress insurrections, our liberties might be destroyed by intestine faction, and domestic tyranny be established. The honorable member then told us, that there was no instance of power once trans- ferred being voluntarily renounced. Not to produce European examples, which may pro- bably be done before the rising of this con- vention, have we not seen already, in seven States, (and probably in an eighth State,) legis- latures surrendering some of the most important powers they possessed ? But, sir, by this gov- ernment, powers are not given to any particular set of men — they are in the hands of the people — delegated tO' their representatives chosen for short terms — to representatives at all times responsible to the people, and whose situation is perfectly similar to their own : — as long as this is the case, we have no danger to appre- hend. When the gentleman caUed to our re- collection the ui^al effects of the concession of powers, and imputed the loss of libei-ty gene- rally to open tyranny, I wish he had gone something further. Upon a review of history, pio would have found, that the loss of liberty very often resulted from factions and divisions ; from local considerations, which eternally lead to quarrels : he would have found internal dis- sensions to have more frequently demolished civil liberty, than a tenacious disposition in rulers to retain any stipulated powers. [Here Mr. Madison enumerated the various means whereby nations had lost their liberties.] The power of raising and supporting armies is exclaimed against, as dangerous and unneces- sary. I sincerely wish, sir, that there were no necessity for vesting this power in the general government. But suppose a foreign nation should declare war against the United States, must not the general legislature have the power "f defending 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 or support an army, even in the utmost danger, when attacked by ex- ternal 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 great nation, prompted by ambition or avarice, will he invited by our weakness to attack us ; and such an attack, by disciplined veterans, would certainly be attend- ed with success, when only opposed by irre- gular, undisciplined militia. Whoever considers the ]3eculiar situation of this country, the mul- tiplicity of its excellent inlets and harbors, and the xmcommon facility of attacking it, however much 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 placed in the most deplorable situa- tion by the enemy's ravages, the assistance of foreign nations was thought so urgently neces- sary 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 reluc- tance, even by those States who expected most 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 other- wise, is not for me to say; but the fact was, that instructions 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 wiU recur in cases of imminent danger, and demonstrates the ne- cessity of making ourselves more respectable. The necessity of making dangerous cessions, '■ and of applying to foreign aid, ought to be pro- ^ vided against. The honorable member then told us, that there are heart-burnings in the States that have assented to the new constitution, and that Vir- ginia may, if she does not come into the mea- sure, continue in amicable confederacy with those adopting States. I wish, as seldom as possible, to contradict the assertions of gentle- men ; but I can venture to affirm, without danger of being detected in an error, that there is the most conclusive evidence of the satisfac- tion of those States being every day augmented, \ and that, ia that State where it was adopted ' only by a majority of nineteen, there is not, stf this time, one-fifth of the people dissatisfied.—- There are some reasons which induce us to conclude, that the grounds of proselytism ex- tend every where ; its principles begin to be better understood ; and the inflammatory vio- Ignce wherewith it was opposed by designing, illiberal and unthinking minds, begins to sub- side. I will not enumerate the causes from which, in my conception, the heart-burnings of a majority of its opposers have originated. Suffice it to say, that in all cases, they were founded on a misconception of the nature and tendency of the new government. Had it been candidly examined and fairly discussed, I be- lieve, sir, that but a very inconsiderable minor- ity of the people of the United States would at any time have opposed it. With respect to the Swiss confederacy, which the honorable gentle- man has proposed for our example, as far as historical authority may be relied upon, we shall find their government quite unworthy of our imitation. I am sure if the honorable member had sufficiently considered their history and government, he never would have quoted their example in this place. He would have found that, instead of respecting the rights of mankind, their government (at least that of several of their cantons) is one of the vilest aristocracies that ever was instituted. The peasants of some of their cantons are more op- lao JAMES MADISON. pressed and degraded than the subjects of any monarch of Europe ; nay, almost as much so as those of any eastern despot. It is a novelty in politics, that from the worst of systems the happiest consequences should arise. For it is their aristocratlcal rigor, and the -peculiarity of their situation, that have so long supported their union. Without the closest compress- ment, dismemberment would unquestionably ensue, and their powerful, ambitious neighbors would immediately avail themselves of their least jarrings. As we are not circumstanced like them, however, no conclusive precedent can be drawn from their situation. I trust the gentleman does not carry his idea so far as to i-ecommend a separation from the adopting States. This government may secure our hap- piness; this is at least as probable as that it ,-shall be oppressive. If eight States have, from a persuasion of its policy and utility, adopted it, shall Virginia shrink from it, without a fuU _. conviction of its danger and inutility ? I hope she will never shrink from any duty : I trust she will not determine without the most serious reflection and deliberation. I confess to you, sir, that were uniformity of religion to be introduced by this system, it __svould, in my opinion, be ineligible ; but I have no reason to conclude, that uniformity of gov- ernment will produce that of religion. To the great honor of America, that right is perfectly free and unshackled among us. The govern- ment has no jurisdiction over it ; the least re- flection will convince us, there is no danger to be feared on that ground. But we are flattered with the probability of obtaining previous amendments. This point calls for the most serious care of the conven- I tion. If amendments are to be proposed by " one State, other States have the same right, ' and will also propose alterations. These oan- i not but be dissimilar and opposite in their ■^ nature. I beg leave to remark, that the gov- ernmeiits of the different States are in many respects dissimilar in their structure ; their legislative bodies are not similar ; their execu- tives are still more different. In several of the States, the first magistrate is elected by the people at large; in others, by joint ballot of the members of both branches of the legisla- ture ; and in others again, in other different manners. This dissimilarity has occasioned a diversity of opinion on the theory of govern- ment, which wUl, without many reciprocal concessions, render a concurrence impossible. Although the appointment of an executive magistrate has not been thought destructive to „J;he principles of democracy, in any of the I States, yet, in the course of the debate, we find objections made to the federal executive : it is urged that the president will degenerate into a tyrant. I intended, in compliance with the call ' of the honorable member, to explain the rea- sons of proposing this constitution, and develope its principles ; but I shall postpone my remarks, till we hear the supplement which he^'has in- formed us he means to add to what he hai already offered. Give tne leave to say something of the natrare of the government, and to show that it is per- fectly safe and just, to vest it with the power of taxation. There are a number of opinions ; but the principal question is, whether it be a federal or a consolidated government. In order to judge properly of the question before us, w must consider it minutely, in its principal parts. I myself conceive, that it is of a mixed nature ; it is, in a manner, unprecedented. We cannot find one express prototype 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 con- stitution is investigated, ratified and made the act of the people of America, I can say, not- withstanding what the honorable gentleman has alleged, that this government is not com- pletely consolidated ; nor is it entirely federal. Who are the parties to it ? The people — ^not the people as composing one great body, but the people as composing thirte* sovereignties. Were it, as the gentleman asserts, a consoli- dated government, the assent of a majority of the people would be sufficient for its establish- ment, and as a majority have adopted it al- ready, the remaining States would be bound by the act of the majority, even if they unani- mously reprobated it. Were it such a govern- ment as is suggested, it would be now binding on the people of this State, without having had the privilege of deliberating upon it ; but, sir, no State is bound by it, as it is, without its own consent. Should all the States adopt it, it will be then a government established by the thir- teen States of America, not through the inter- vention of the legislatures, but by the people at large. In this particular respect, the dis- tinction between the existing and proposed governments, is very material. The existing system has been derived from the dependent, derivative authority of the legislatures of the States ; whereas this is derived from the supe- rior power of the people. If we look at the manner 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 required 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 Representa- tives 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 gov ernment been completely consolidated, the Senate would have been chosen by the peo- ple, in their individual capacity, in the same manner as the members of the other House. Thus it is of a complicated nature, and this complication, I trust, will be found to exclude THE FEDERAL CONSTITUTION, 181 the evils of absolute oonsolidation, as weU as of a mere confederacy. If Virginia was separ .-^•ated from all the States, her power and au- thority would extend to all cases ; in like manner, were all powers vested in the general government, it would he a consolidated gov- ernment : but the powers of the federal gov- ernment are enumerated ; it can only operate I in certain cases : it has legislative powers on i defined and limited objects, beyond which it ^_jiaBnot extend its jurisdiction. ; But the honorable member has satirized, with peculiar acrimony, the powers given to the general government by this constitution. I conceive that the first question on this subject ,is, whether these powers be necessary ; if they 'be, we are reduced to the dilemma of either submitting to the inecnvenience, or losing the r^nion. Let us consider the njpst important of ^ these reprobated powers ; that of direct taxa- ftion is most generally objected to. With re- ^ spect to the exigencies of government, there is no question but the most easy mode of provid- ing for them will be adopted. When, there- fore, direct taxes are not necessary, they will not be recurred to. It can be of little advan- tage to those in power, to raise money in a manner oppressive to the people. To consult ■^he conveniences of the people, will cost them nothing, and in many respects wUl be advan- tageous to them. Direct taxes will only be recurred to for great purposes. What has brought on other nations those immense debts, under the pressure of which many of them la- bor ? Not the expenses of tMeir govermnents, . Jj^i* ^^^- If *l^i^ country should be engaged in \ war, (and I conceive we ought to provide for \ the possibility of such a case,) how would it be 'carried on? By the usual means provided y j from year to year ? As our imports will be I necessary for the expenses of government, and I other common exigencies, how are we to carry on the means of defence ? How is it possible ^ war could be supported without money or credit ? And would it be possible for govern- .. ment to have credit, without having the power .of raising money ? No, it would be impossible y for any government, in such a case, to defend s^ltself Then, I say, sir, that it is necessary to ' ^establish funds for extraordinary exigencies, ' ' • and give this power to the general govern- N; ment ; for the utter inutility of previous requi- : sitions on the States is too well known. Would ^ be possible for those countries, whose finances and revenues are carried to the highest perfec- tion, to carry on the operations of government on great emergencies, such as the maintenance of a war, without an uncontrolled power of ■ Vaising 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 me- thods 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 occa- sions, to recur to unusual means, in order to raise funds? It has been the case in many countries, and no government can exist, unless its powers extend to make provisions for everj^-^ contingency. If we were actually attacked by j a powerful nation, and our general government ; had not the power of raising money, but de- pended solely on requisitions, our condition would be truly deplorable : if the revenues of this commonwealth were to depend on twenty distinct authorities, it would be impossible for it to carry on its operations. This must be obvious to every member here : I think, there- fore, that it is necessary for the preservation of the Union, that this power should be given to the general government. But it is urged, that its consolidated nature, joined to the power of direct taxation, will give it a tendency to destroy all subordinate author- ity ; that its increasing influence will speedily enable it to absorb the State governments. I cannot bring myself to think that this will be the- case. If the general government were wholly independent of the governments of the particular States, then indeed, usurpation might be expected to the fullest extent : but, sir, on whom does this general government depend? It derives its authority from these governments, and from the same sources from which their authority is derived. The members of the federal government are taken from the same men from whom those of the State legislature^ are taken. If we consider the mode in which j \ the federal representatives will be chosen, we ' shall be convinced, that the general never; will destroy the individual governments ; and I this conviction must be strengthened by an ' attention to the construction of the Senate. ; The representatives will be chosen, probably/ under the influence of the members of the State legislatures : but there is not the least proba- bility that the election of the latter wiU be in- fluenced by the former. One hundred and sixty members representing 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. Those who wish to become federal representatives, must depend on their credit with that class of men who will be the most popular in their counties, who gener- ally represent the people in the State govern- ments : they can, therefore, never succeed in any measure contrary to the wishes of those on whom they depend. So that on the whole, it^ is almost certain, that the deliberations of the members of the federal House of Representa- tives, will be directed to the interests of the people of America. As to the other branch, the senators wUl be appointed by the legisla- tures, and though elected for six years, I do not conceive they will so soon forget the source from whence they derive their political exist- ence. This election of one branch of the fede- ral, by the State legislatures, secures an absolute dependence of the former on the latter. The 132 JAMES MADISON. biennial exclusion of one tliird, will lessen the facility of a combination, and preclude all like- lihood of intrigues. I appeal to our past expe- rience, whether they will attend to the inter- ests of their constituent States. Have not those gentlemen who have been nonored with seats in Congress, often signalized themselves by their attachment to their States ? Sir, I pledge myself that this government will answer the expectations of its friends, and foil the appre- hensions of its enemies. I am persuaded that the patriotism of the people wiU continue, and be a sufficient guard to their liberties, and that the tendency of the constitution will be, that the State governments will counteract the gen- eral interest, and ultimately prevail. The num- ber of the representatives is yet sufficient for our safety, and will gradually increase ; and if we consider their different sources of informa- . tion, the number will not appear too small. \ f'' Sir, that part of the proposed constitution • 1 which gives the general government the power ' of laying and collecting taxes, is indispensable and essential to the existence of a!ny efficient, or well organized system of government : if we ^consult reason, and be ruled by its dictates, we shall iind_ its justification there : if we review the experience we have had, or contemplate the history of nations, there too we shall find ample reasons to prove its expediency. It would be preposterous to depend for necessary supplies on a body which is fully possessed of the power of withholding them. If a govern- ment depends on other governments for its revenues ; if it must depend on the voluntary contributions of its members, its existence must . be precarious. A government that relies on 1 thirteen independent sovereignties for the . means of its existence, is a solecism in theory, ' and a mere nullity in practice. Is it consistent ' with reason, that such a government can pro- mote the happiness of any people? It is sub- versive of every principle of sound policy, to trust the safety of a community with a govern- ment totally destitute of the means of protect- ing itself or its members. Can Congress, after the repeated unequivocal proofs it has experi- enced of the utter inutility and inefficacy of requisitions, reasonably expect that they would be hereafter effectual or productive ? Will not the same local interests, and other causes, mili- tate against a compliance ? Whoever hopes the contrary must for ever be disappointed. The effect, sir, cannot be changed without a removal of the cause. Let each county in this commonwealth be supposed free and indepen- dent : let your revenues depend on requisitions of proportionate quotas from them : let appli- cation be made to them repeatedly, and then ask yourself, is it to be presumed that they would comply, or that an adequate collection could be made from partial compliances? It is now difficult to collect the taxes from them : how much would that difficulty be enhanced, were you to depend solely on their generosity ? I appeal to the reason of every gentleman here, and to his candor, to say whether he is not per- suaded that the present confederation is as fee- ble as the government of Virginia would be in that case : to the same reason I appeal, whether it be compatible with prudence to continue a government of such manifest and palpable weakness and inefficiency. If we recur to history, and review the an- nals of mankind, I undertake to say, that no instance can be produced by the most learned man, of any confederate government, that will justify a continuation of the present system; or that wiU not, on the contrary, demonstrate the necessity of this change, and of substituting to the present pernicious and fatal plan, the sys- tem now under consideration, or one equally en- ergetic. The uniform conclusion drawn from a review of ancient and modern confederacies, is, that instead of promoting the public happiness, or securing jnblic tranquillity, they have, in every instance, been productive of anarchy and confusion^ — ineffectual for the preservation of harmony, and a prey to their own dissen- sions and foreign invasions. The Amphictyonic league resembled our con- federation in its nominal powers : it was pos- sessed of rather more efficiency. The compo- nent States retained their sovereignty, and enjoyed an equality of suffrage in the federal council. But though its powers were more considerable in many respects than those of our present system, yet it had the same radical defect. Its powers were exercised over its in dividual members in their political capacities To this capital defect it owed its disorders, and final destruction. It was compelled to recur to the sanguinary coercion of war to enforce its decrees. The struggles consequent on a re- fusal to obey a decree, and an attempt to en- force it, produced the necessity of applying to foreign assistance : by complying with that ap- plication, and employing his wiles and in- trigues, Philip of Macedon acquired sufficient influence to become a member of the league ; and that artful and insidious prince soon after became master of their liberties. The Achajan league, though better construct- ed than the Amphictyonic, in material respects, was continually agitated with domestic dissen- sions, and driven to the necessity of calling in foreign aid ; this also eventuated in the demo- lition of their confederacy. Had they been more closely united, their people would have been happier; and their united wisdom and strength would not only have rendered unne- cessary all foreign interpositions in their affairs, but would have enabled them to repel the at tack of any enemy. If we descend to more modern examples, we shall find the same evils resulting from the same sources. The Germanic system is neither adequate to the external defence or internal felicity of the people; the doctrine of quotas and requisitions flourishes here. Without energy — without sta- bility — the empire is a nerveless body. The most furious conflicts, and the most implacable THE PEDEKAi COKSTITDTIOlir. 183 animoBities between its memlj^rg, strikingly distinguish its history. Concert and co-ope- ration are incompatible with such an injudi- ciously constructed system. The republic of the Swiss is sometimes in- stanced for its stability ; but even there, dis- sensions and wars of a bloody nature, have been frequently seen between the cantons. A peculiar coincidence of circumstances contrib- utes to the continuance of their political connec- tion. Their feeble association owes its existence to their singular situation. There is a schism this moment in their confederacy, which, with- out the necessity of uniting for their external defence, would immediately produce its disso- lution. The confederate government of Holland is a further confirmation of the characteristic imbe- cility of such governments. From the history of this government, we might derive lessons of the most important utility. [Here Mr. Madison quoted sundry passages from DeWitt, respecting the people of Holland, and the war which they had so long supported against the Spanish monarch; showing the impolitic and injudicious structure of their con- federacy ; that it was entirely destitute of ener- gy, because their revenues depended chiefly on requisitions; that, during that long war, the provinces of Guelderland and Overyssel had not paid their respective quotas, but had evaded altogether their payments ; in consequence of which, two-sevenths of the resources of the community had never been brought into action ; nor contributed in the least towards the prose- cution of the war: that the fear of pressing danger stimulated Holland and the other pro- vinces to pay all the charges of the war ; that those two provinces had continued their delin- quencies ; that, the province of Holland alone paid more than all the rest ; still those provinces which paid up their proportional shares, claim- ed from the failing states the amounts of their arrearages; that the most fatal consequences had nearly resulted from the difficulty of ad- justing those claims, and from the extreme aversion of the delinquent states to discharge even their most solemn engagements: that there are existing controversies between the provinces on this account at present ; and to add to the evils consequent upon requisitions, that unanimity and the revision and sanction of their constituents, were necessary to give validity to the decisions of the states general. He then proceeded, — [Sir, these radical defects in their confederacy must have dissolved their association long ago, were it not for their pecu- liar position — circumscribed in a narrow terri- tory ; surrounded by the most powerful nations in the world; possessing peculiar advantages jfrom their situation; an extensive navigation ' and a powerful navy — advantages which it w-as clearly the interest of those nations to diminish 3r deprive them of. Their late unhappy dis- sensions were manifestly produced by the vices of their system. We may derive much benefit from the experience of that unhappy cenntry. Governments, destitute of energy, will always produce anarchy. These facts are worthy the most serious consideration of every gentleman here. Does not the history of these confedera- cies coincide with the lessons drawn from our own experience ? I most earnestly pray that America may have sufficient wisdom to avail herself of the instructive information she may derive from a contemplation of the sources of their misfortunes, and that she may escape a similar fate, by avoiding the causes from which their infelicity sprung. If the general govern- ment is to depend on the voluntary contributions of the States for its support, dismemberment of the United States may be the consequence. In cases of imminent danger, those States alone, more immediately exposed to it, would exert themselves ; those remote from it would be too supine to interest themselves warmly in the fate of those whose distresses they did not im- mediately perceive. The general government ought, therefore, to be armed with power to defend the whole Union. Must we not suppose, that those parts of ' America which are most exposed, wUl first he the scenes of war? Those nations, whose in- terest is incompatible with an extension of our power, and who are jealous of our resources to become powerful and wealthy, must naturally be inclined to exert every means to prevent our becoming formidable. Will they not be . impelled to attack the most exposed parts of ! the Union 2 Will not their knowledge of the weakness of our government stimulate them the more readily to such an attack? Those parts to which relief can be afforded with most diflBculty, are the extremities of the country, and will be the first objects of our enemies. The general government, having no resources beyond what are adequate to its existing neces- sities, wUl not be able to afford any efffectual succor to those parts which may be invaded. In such a case, America must perceive the danger and folly of withholding from the Union, a power suificient to protect the whole territory of the United States. Such an attack is far from improbable, and if it be actually made, it is difficult to conceive a possibility of escaping the catastrophe of a dismemberment. On this subject, we may receive an estimable and in- structive lesson, from an American confederacy; from an example which has happened in our country, and which applies to us with peculiar force, being most analogous to our situation. I mean that species of association or union which subsisted in New England. The colonies of Massachusetts, Bristol, Connecticut, and New Hampshire, were confederated together. -- • The object of that confederacy was primarily to defend themselves against the inroads and depredations of the Indians. They had a cmih- mon council, consisting of deputies from each party, with an equality of suffrage in their delib- erations. The general expenditures and charges were to be adequately defrayed. Its powers 134 JAMES MADISON. were very similar to .those of the confederation. Its history proves clearly, that a government, founded on such principles, must ever disappoint the hopes of those who expect its operations to be conducive to public happiness. There are facts on record to prove, that in- stead of answering' the eiid of its institution, or the expectation of its framers, it was violated with impunity ; and only regarded when it coin- cided perfectly with the views and immediate interests of the respective parties. The strongest member of the union availed itself of its cii-oumstances to infringe their con- federacy. Massachusetts refused to pay its quo- tas. In the war between England and Holland, it was found particularly necessary to make more exertions for the protection of that coun- try. Massachusetts being then more powerful and less exposed than the other colonies, refused its contributions to the general defence. In con- sequence of this, the common council remon- strated against the council of Massachusetts. This altercation terminated in the dissolution of their union. Erom this brief account of a system perfectly resembling our present one, we may easily divine the inevitable consequen- ces of a longer adherence to the latter. [Mr. Madison then recapitulated many Instan- ces of the prevalent persuasion of the wisest patriots of the States, that the safety of all America depended on union ; and that the gov- ernment of the United States must be possessed of an adequate degree of energy, or that other- wise their connection could not be justly de- nominated an union. He likewise enumerated the expedients that had been attempted by the people of America to form an intimate associa- tion, from the meeting at New York in the year 1764, downwards; that their sentiments on this subject had been uniform, both in their colonial and independent conditions ; and that a variety of causes had hitherto prevented the adoption of an adequate system. He then con- tinued thus : ] If we take experience for our guide, we shall find still more instructive direction on this sub- ject. The weakness of the existing articles of the union, showed itself during the war. It has manifested itself since tlie peace, to such a degree as can leave no doubt in any rational, intelligent and unbiassed mind, of the necessity of an alteration : nay, this necessity is obvious to all America; it has forced itself on the minds of the people. The committee has been inform- ed, that the confederation was not completed till the year 1781, when a great portion of the war was ended; consequently no part of the merit of the antecedent operations of the war could justly be attributed to that system. Its debility was perceived almost as soon as it was put ir operation. A recapitulation of the proofs which have been experienced of its inefflcacy, is unnecessary. It is most notorious, that fee- bleness universally marked its character. Shall we be safe in another war in the same situation? That instrument required the voluntary contri butions of the States, and thereby sadriflce^. some of our best privileges. The most intole- rable and unwarrantable oppressions were com- mitted on the people during the late war. The gross enormity of those oppressions might have produced the most serious consequences, were it not for the spirit of liberty, which prepon- derated against every consideration. A scene of injustice, partiality and oppression, may bring heavenly vengeance on any people. We are now by our sufferings, expiating the crimes of the otherwise glorious revolution. Is it not known to every member of this commit- tee, that the great principles of a free govern- ment were reversed through the whole progress of that scene? Was not every State har- assed? Was not every individual oppressed and subjected to repeated distresses ? Was this right ? Was it a proper form of government, that warranted, authorized, or overlooked, the most wanton violations of property ? Had the government been vested with complete power to procure a regular and adequate supply of revenue, those oppressive measures would have been unnecessary. But, sir, can it be supposed that a repetition of such measures would ever be acquiesced in? Can a government, that stands in need of such measures, secure the liberty, or promote the happiness or glory of any country ? If we do not change this system, consequences must ensue, that gentlemen do not now apprehend. If other testimony were necessary, I might appeal to that which I am sure is very weighty, but which I mention with reluctance. At the conclusion of the war, that man who had the most extensive acquaintance with the nature of the country, who well un- derstood its interests, and who had given the most unequivocal and most brilliant proofs of his attachment to its welfare, — when he laid down his arms, wherewith he had so nobly and successfully defended his country, publicly tes- tiiied his disapprobation of the present system, and suggested that some alteration was neces- sary to render it adequate to the Becurity of our happiness. I did not introduce that great name to bias any gentleman here. Much as I admire and revere the man, I consider these members as not to be actuated by the influence of any man ; but I introduced him as a respec- table witness to prove that the articles of the confederation were inadequate, and that we must resort to something else. His modesty did not point out what ought to be done, but said, that some great change was necessary. But, sir, testimony, if wished for, may be found in abundance, and numerous conclusive reasons may be urged for this ch ange. Experience daily produced such irresistible proofs of the defects of that system, that this commonwealth was induced to exert her influence to meliorate it ; she began that noble work, in which I hope she will persist ; she proposed to revise it ; her proposition met with the concui-rence, which that of a respectable party wiU always meet THE FEDERAL CONSTITUTION". 185 I am sure if demonstration were necessary on the part of this commonwealth, reasons have been abundantly heard in the course of this debate, manifold and cogent enough, not only to operate conviction, but to disgust an atten- tive liejrer. Eecollect the resolution of the year 1784. It was then found that the whole burden of the Union was sustained by a few States. This State was likely to be saddled with a very disproportionate share. That ex- pedient was proposed to obviate this incon- venience, which has been placed in its true light. It has been painted in sufficient horrors by the honorable gentleman who spoke last. I agree with the honorable gentleman, (Mr. Henry,) that national splendor and glory are not our objects : but does he distinguish between what will render us secure and happy at home, and what )jyll render us respectable abroad? "•'If we be fi4e and happy at home, we cannot ^ fail to be respectable abroad. The confederation is so notoriously feeble, j that foreign nations are unwilling to form any treaties with us ; they are apprised that our general government cannot perform any of its engagements : but, that they may be violated, at pleasure, by any of the States. Our viola- tion of treaties already entered into, proves this truth unequivocally. No nation will therefore i make any stipulations with Congress, conced- ' ing any advantages of importance to us ; they will be the more averse to entering into engage- ments with us, as the imbecility of our govern- ment enables them to derive many advantages from our trade, without granting us any return. Were this country united by proper bands, in addition to other great advantages, we could _fbrm very beneficial treaties with' foreign states. But this can never happen without a change in our system. Were we not laughed at by the minister of that nation, from which we may be able yet to extort some of the most salutary measures for this country ? Were we not told that it was necessary to temporize till our gov- ernment acquired consistency ? Will any na- tion relinquish national advantages to us ? You will be greatly disappointed, if you expect any such good effects from this contemptible sys- tem. Let us recollect our conduct to that coun- try from which we have received the most friendly aid. How have we dealt with that benevolent ally — France ? Have we complied with our most sacred obligations to that na- tion? Have we paid the interest punctually from year to year ? Is not the interest accu- mulating, while not a shilling is discharged of the principal ? The magnanimity and forbear- ance of that friendly monarch are so great, that he has not called upon us for his claims, even in his own distress and necessity. This, sir, is an additional motive to increase our ex- ertions. "At this moment of time, a very con- siderable amount is due from us to that coun- try and to others. [Here Mr. Madison men- ' tioned the amount of the debts due to different foreign nations.] We have been obliged to borrow money, even to pay the interest of our debts. This is a ruinous and most digraoefu' expedient. Is this a situation on which Amer- ica can rely for security and happiness ? How are we to extricate ourselves ? The honorable member tells us, we might rely on the punc- tuality and friendship of the States, and that they will discharge their quotas for the future but, sir, the contributions of the States have been found inadequate from the beginning, and are every day diminishing instead of increasing. From the month of June, 1787, till June, 1788, they have only paid two hundred and seventy- six thousand six hundred and forty-one dollars into the federal treasury for the purposes of supporting the national government, and dis- charging the interest of the national debts : a sum so very insufficient, that it must greatly alarm the friends of their country. Suggestions and strong assertions dissipate before these facts. Sir, the subject of direct taxation is perhaps one of the most impoi-tant that can engage our attention, or that can be involved in the dis- cussion of this great and momentous question. If it be lio be judged by the comments made upon it, by the opposers and favorers of the proposed system, it requires a most clear and critical investigation. The objections against the exercise of this power by the general gov- ernment, as far as I am able to comprehend them, are founded upon the supposition of its being unnecessary, impracticable, unsafe and accumulative of expense. I shall therefore consider, first, how far it may be necessary ; secondly, how far it may be practicable ; third- ly, how far it may be safe, as well with respect to the public liberty at large, as to the State legislatures ; and fourthly, with respect to economy. First then, is it necessary ? I must acknow- ledge that I concur in opinion with those gen- tlemen who told you, that this branch of reve- nue was essential to the salvation of the Union. It appeai-s to me necessary, in order to secure that punctuality which is requisite in revenue matters. Without punctuality individuals will refuse it that confidence, without which it cannot get resources. I beg gentlemen to consider the situation of this country, if unhappily the gov- ernment were to be deprived of this power. Let us suppose for a moment that one of those great nations that may be unfriendly to us, should take advantage of our weakness, which they will be more ready to do when they know the want of this resource in our government, and should attack us, what forces could we oppose to it? Could we find safety in such forces as we could call out ? Could we call forth a sufficient number, either by drafts, or in any other way, to repel a powerful enemy ? The inability of the government to raise and sup- port regular troops, would compel us to depend on militia. It would then be necessary to give this power to the government, or run the risk of national annihilation. It is my firm be- 136 JAMES MADISON. lief, that if a hostile attack were made this moment on the United States, it would at once flash conviction 6n the minds of the citizens, and show them, to their deep regret, the neces- sity of vesting the government with this power, which alone can enahle it to protect the com- munity. I do not wish to frighten the mem- bers 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 probabOity of danger, it might be unnecessary. I shall not review that concourse of dangers which may probably arise at remote periods of futurity, nor aU those which we have imme- diately to apprehend ; for this would lead me beyond the bounds which 1 have prescribed to myself. But I will mention one single con- sideration, drawn from the fact itself. I hope to have your attention. 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 shall be both free from condemnation. Great Britain did not recognize it. While all Europe was against her, she held out without acceding to it. It has been considered for some time past, that the flames of war, already kindled, would spread, and that France and England were .ikely to draw those swords which were so recently put up. This is judged probable. "We should not be surprised, in a short time, if we found ourselves as a neutral nation — ^France being on one side, and Great Britain on the other. Then, what would be 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 commerce of the contending nations. It is a source of wealth which we ought not to deny to our citizens. But, sir, is there not inflnite danger, that in despite of all our caution, we shall be drawn into the war ? If American vessels have French property 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 respectable, or else it will be in- sulted and 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 dis- played by 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 re- spectable situation; if it be known that our government can command the whole resources of the Union, we shall be suffered to enjoy the great advantages of carrying on the commerce of the nations at war ; for none of them woulc be willing to add us to the number of theii enemies. I shall say no more on this point, there being others which merit your consider- ation. The expedient, proposed by the gentlemen opposed to this clause, is, that requisitions shall be made, and if not complied with, in a certain time, that then taxation shall be recurred to. I am clearly convinced, that whenever requi- sitions shall be made, they will disappoint those who put their trust in them. One reason to prevent the concurrent exertions of all the States, will arise from the suspicion, in some States, of delinquency in others. States will be governed by the motives that actuate in- ■ dividuals. When a tax law is in operation, in a particu- ' lar State, every citizen, if he k*ows of the energy of ;ne laws to enforce payment, and that every other citizen is performing his duty, will cheerfully discharge his duty ; but were it known, that the citizens of one district were not performing their duty, and that it was left to the policy of the government to make them come up with it, the citizens of the other dis- tricts would be very , supine and careless in making provisions for payment. Our own ex- perience makes the illustjation more natural. If requisitions be made on thirteen different states, when one deliberates on the subject, she will know that all the rest will deliberate upon it also. This, sir, h/as been a principal cause of the inefflcacy of the requisitions nere- tofore, and will hereafter produce the same evil. If the legislatures are to deliberate on this subject, (and the honorable gentleman op- posed to this clause, thinks their deliberation necessary,) is it not presumable, that they will consider peculiar local circumstances ? In the general council, on the contrary, the sense of all America will be drawn to a single point. The collective interest of the Union at large, will be known and pursued. No local views will be permitted to operate against th« genera] welfare. But when propositions should come before a particular State, there is every reason to believe, that qualiiications of the requisitions would be proposed ; compliance might be pro- mised, and some instant remittances might be made. This will cause delays, which, in the flrst instance, will produce disappointment, and produce failures ev^ry where else. This, I hope, wiU be considered with the attention it deserves. The public creditors wiU be disap- pointed, and of course, become more pressing. Eequisitions will be made for purposes equally pervading aU America; but the exertions to make compliances, will probably not be uni- form in the States. If requisitions be made for future occasions for putting the States in a con- dition of military defence, or to repel an inva- sion, wUl the exertions be uniform and equal in all the States ? Some parts of the United States are more exposed than others. Will the least exposed States exert themselves equally ! THE FEDERAL CONSTITUTION- 137 We know that tlie most exposed will be more .mmediately interested, and will incur less sacrifices in making exertions. I beg gentle- men to consider, that this argument will apply with most effect to the States which are most defenceless and exposed. The Southern States are most exposed, whether we consider their situation, or the smallness of their population. And there are other circumstances which ren- dei them still more vulnerable, which do not apply to the Northern States. They are there- fore more interested in giving the government a power to command the whole strength of the Union in cases of emergency. Do not gentle- men conceive that this mode of obtaining sup- plies from the States, will keep alive ;.nimosi- ties between the general government and particular States ? "Where the chances of fail- ures are so numerous as thirteen, by the thirteen States, disappointment, in the first place, and con- sequent animosity, must inevitably take place. Let us consider the alternatives, proposed by gentlemen, instead of the power of laying direct taxes. After the States shall have refused to comply, weigh the consequences of the exercise of this power by Congress. When it cpmes in the form of a punishment, great clamors will be raised among the people against the govern- ment ; hatred wUl be excited against it. It will be regarded as an ignominious stigma on the State. It will be considered at least in this light by the State where the failure is made, and these sentiments will, no doubt, be diflEused through the other States. Now let us consider the effect, if collectors are sent where the State governments refuse to comply with requisitions. It is too much in the disposition of mankind not to stop at one violation of duty. I conceive that every requisition that will be made on any part of America, will kindle a contention between the delinquent member, and the general government. Is there no rea- son to suppose divisions in the government (for seldom does any thing pass with unanimity,) on the subject of requisitions ? The parts least exposed will oppose those measures which may be adopted for the defence of the weakest parts. Is there no reason to presume, that the representatives from the delinquent States will be more likely to foster disobedience to the requisitions of the government, than to endea- vor to recommend a compliance with them to the public ? • There is, in my opinion, another point of view in which this alternative will produce great evil. I will suppose a case that is very probable, namely, that partial compliances will be made. A difficulty here arises, which fully demonstrates its impolicy. If a part be paid, and the rest be withheld, how is the general government to proceed? They are to impose a tax, but how shall it be done in this case ? Are they to impose it by way of punishment, on those who have paid, as well as those who nave not ? All these considerations taken into view, (for they are not visionary or fanciful speculations,) will certainly produce this con sequence. The general government, to avoid those disappointments first described, and to avoid the contentions and embarrassments which I have last described, will, in all prob- ability, throw the public burdens on those branches of revenue that will be more in their power. They will be continually necessitated to augment the imposts. If we throw a dis- proportion of the burdens on that side, shall we not discourage commerce, and suffer many political evils ? Shall we not increase that dis- proportion on the Southern States, which for some time will operate against us ? The South- ern States, from having iewer manufactures, will import and consume more. They will therefore pay more of the imposts. The more commerce is burdened, the more the dispropor- tion will operate against them. If direct taxa- tion be mixed with other taxes, it will be in the power of the general government to lessen that inequality. But this inequality will be increased to the utmost extent, if the general government have not this power. There is another point of view in which this subject affords us instruc- tion. The imports will decrease in time of war. An honorable gentleman has said, that the im- posts would be so productive that there would be no occasion for laying taxes. I will submit two observations to him and to the committee. First, in time of war the imposts will be less ; and, as I hope we are considering a government for a perpetual duration, we ought to provide for every future contingency. At present, our importations bear a full proportion to the full amount of our sales, and to the number of our inhabitants ; but when we have inhabitants enough, our imports will decrease ; and as the national demands will increase with our popu- lation, our resources will increase as our wants increase. The other consideration, which I will submit on this part of the subject, is this. I believe it will be found in practice, that those who fix the public burdens, will feel a greater degree of responsibility when they are to im- pose them on the citizens immediately, than if they were to say what sum should be paid by the States. If they exceed the limits of pro- priety, universal discontent and clamor will arise. Let us suppose they were to collect the taxes from the citizens of America ; would they not consider their circumstances ? Would they not attentively weigh what could be done by the citizens at large ? Were they to exceed in their demands, what were reasonable burdens, the people would impute it to the right source, and look on the imposers as odious. When I consider the nature of the various objections brought against this clause, I should be led to think, that the difficulties were such that gentlemen would not be able to get over them, and that the power, as defined in the plan of the convention, was impracticable. I shall trouble them with a few observations on that point. It has been said, that ten men deputed from 188 Jji^MES MADISON. this State, and others in proportion from other States, will not be able to adjust direct taxes so as to accommodate the various citizens in thirteen States. I confess I do not see the force of this ob- servation. Could not ten intelligent men, chosen from ten districts from this State, lay direct taxes on a few objects in the most judi- cious manner? It is easily to be conceived, that they would be acquainted with the situa- tion of the different citizens of this country. Can any one divide this State into any ten dis- tricts so as not to contain men of sufiicient in- formation ? Could not one man of knowledge be found in a district ? When thus selected, will they not be able to carry their knowledge into the general council ? I may say with great propriety, that the experience of our own legis- lature demonstrates the competency of Con- gress to lay taxes wisely. Our Assembly con- sists of considerably more than a hundred, yet from the nature of the business, it devolves on a much smaller number. It is through their sanction, approved of by all the others. It will be found that there are seldom more than ten men who rise to high information on this sub- ject. Our federal representatives, as has been said by an honorable member, who has en- tered into the subject with a great deal of abil- ity, will get information from the State govern- ments. They will be perfectly well informed of the circumstances of the people of the differ- ent States, and the mode of taxation that would be most convenient for them, from the laws of the States. In laying taxes, they may even refer to the State systems of taxation. Let it not be forgotten, that there is a probability, that that ignorance, which is complained of in some parts of America, will be continually diminish- ing. Let us compare the degree of knowledge which the people had in time past, to their present information. Does not our own expe- rience teach us, that the people are better informed than they were a few years ago? The citizen of Georgia knows more now of the affairs of New Hampshire, than he did, before the revolution, of those of South Carolina. When the representatives from the different States are collected together, to consider this subject, they will interchange their knowledge with one another, and will have the laws of each State on the table. Besides this, the in- tercourse of the States will be continually increasing. It is now much greater than before the revolution. An honorable friend of mine seems to conceive, as an insuperable objection, that if land were made the particular object of taxation, it would be unjust, as it would exon- erate the commercial part of the community ; that if it were laid on trade, it would be unjust in discharging the landholders ; and that any exclusive selection would be unequal and vm- fair. If the general government were tied down to one object, I confess the objection would have some force in it. But if this be not the case, it can have no weight. If it should have a general power of taxation, they coulc select the most proper objects, and distribute the taxes in such a manner, as that they should fall in a due degree on every member of the community. They will be limited to fix the proportion of each State, and they must raise it in the most convenient and satisfactory man- ner to the public. The honorable member considered it as ano- ther insuperable objection, that uniform laws could not be made for thirteen States, and th-at dissonance would produce inconvenience and oppression. Perhaps it may not be found, on due inquiry, to be so impracticable as he sup- poses. But were it so, wliere is the evil of dif- ferent laws operating in different States, to raise money for the general government ? Where is the evil cf such laws? There are instances in other countries, of different laws operating in different parts of the country, without producing any kind of oppression. The revenue laws are different in England and Scotland in several re- spects. Their laws relating to custom, exer- cises and trade, are similar ; but those respect- ing direct taxation are dissimilar. There is a land tax in England, and a land tax in Scot- land, but the laws concerning them are not the same. It is much heavier in proportion in the former than in the latter. The mode of col- lection is different ; yet this is not productive of any national inconvenience. Were we to argue from the objections against the proposed plan, we must conclude that this dissimilarity would, in that point alone, have involved those kingdoms in difficulties. In England itself, there is a variety of different laws operating differently in different places. I will make another observation on the ob- jection of my honorable friend. He seemed to conclude, that concurrent collections under dif- ferent authorities, were not reducible to prac- tice. I agree that were they independent of the people, the argument would be good. But they must serve one common master. They must act in concert, or the defaulting party must bring on itself the resentment of the peo- ple. If the general government be so con- structed that it wiU not dare to impose such burdens as will distress the people, where is the evil of its having a power of taxation con- current with the States? The people would not support it, were it to impose oppressive burdens. Let me make one more comparison of the State governments to this plan. Do not the States impose taxes for local purposes? Does the concurrent collection of taxes, im- posed by the legislatures for general purposes, and of levies laid by the counties for parochial and county purposes, produce anj' inconveni- ence or oppression? The collection of these taxes is perfectly practicable, and consistent with the views of both parties. The people at large are the common superior of the State governments, and the general government. It is reasonable to conclude, that they will avoid interferences for two causes — ^to avoid public THE FEDEKAL CONSTITUTION. 190 oppression, and to render the collections more productive. I conceive they will be more like- ly to produce disputes, in rendering it inconve- nient for the people, than to run into interfering regulations. In the third place, I shall consider, whether tlie power of taxation to be given to the gene- ral government be safe : and first, whether it be safe as to the public liberty in general. It would be sufficient to remark, that it is, be- cause, I conceive, the point has been clearly es- tablished by more than one gentleman who have already spoken on the same side with me. In the decision of this question, it is of impor- tance to examine, whether elections of repre- sentatives by great districts of freeholders, be favorable to the fidelity of representatives. The greatest degree of treachery in representa- tives, is to be apprehended where they are chosen by the least number of electors ; be- cause there is a greater facility of using undue iniluence, and because the electors must be less independent. This position is verified in the most unanswerable manner, in that country to which appeals are so often made, and some- times instructively. Who are the most corrupt members of Parliament? Are they not the inhabitants of small towns and districts ? The supporters of liberty are from the great coun- ties. Have we not seen that the representa- tives of the city of London, who are chosen by such thousands of voters, have continually studied and supported the liberties of the peo- ple, and opposed the corruption of the crown? We have seen continually, that most of the members in the ministerial majority are drawn from smaU circumscribed districts. We may therefore conclude, that our representatives be- ing chosen by such extensive districts, will be upright and independent. In proportion as we have security against corruption in representa- tives, we have security against corruption from every other quarter whatsoever. I shall take a view of certain subjects which will lead to some reflections, to quiet the minds of those gentlemen who think that the indi- vidual governments will be swallowed up by the general government. In order to efiect this, it is proper to compare the State govern- ments to the general government with respect to reciprocal dependence, and with respect to the means they have of supporting themselves, or of encroaching upon one another. At the first comparison, we must be struck with these remarkable facts. The general government has not the appointment of a single branch of the individual governments, or of any officers within the States, to execute their laws. Are not the States Integral parts of the general gov- ernment f Is not the President chosen under the influence of the State legislatures? May we not suppose that he will be complaisant to those from whom he has his appointment, and from whom he must have his re-appointment? The senators are appointed altogether by the .egislatures. The honorable gentleman apprehends a coali tion between the President, Senate and House of. Representatives, against the States. This could be supposed only from a similarity of the component parts. A coalition is not likely to take place, be- cause its coTiqionent parts are heterogeneous in their nature. The House of Representatives is not chosen by the State governments, 'but un- der the influence of those who compose the State legislature. Let us suppose ten men ap- pointed to carry the government into effect; there is every degree of certainty that they would be indebted for their re-election to the members of the legislatures. If they derive their appointment from them, will they not ex- ecute their duty to them ? Besides this, will not the people, (whose predominant interest will ultimately prevail,) feel great attachment to the State legislatures ? They have the care of all local interests — those famUiar, domestic ob- jects, for which men have the strongest prefli- lection. The general government, on the con- trary, has the preservation of the aggregate in- terests of the tlnion ; objects, which being less familiar, and more remote from men's notice, have a less powerful influence on their minds. Do we not see great and natural attachments arising from local considerations? This will be the case, in a much stronger degree, in the State governments, than in the general gov- ernment. The people will be attached to their State legislatures from a thousand causes ; and into whatever scale the people at large will throw themselves,- that scale will preponderate. Did we not perceive, in the early stages of this war, when Congress was the idol of America, and when in pursuit of the object most dear to America, that they were attached to their States ? Afterwards, the whole current of their aflfection was to the States, and it would be still the case, were it not for the alarming situation of America. At one period of the congressional history, they had power to trample on the States. When they had that fund of paper money in their hands, and could carry on all their mea- sures without any dependence on the States, was there any disposition to debase the State governments? All that municipal authority which' was necessary to carry on the adminis- tration of the government, they still retained unimpaired. There was no attempt to dimin- ish it. I am led, by what has fallen from gentlemen, to take this supposed combination in another view. Is it supposed, that the influence of the general government will facilitate a combination between the members ? Is it supposed, that it will preponderate against that of the State governments ? The means of influence consist in having tlie disposal of gifts and emoluments, and in the number of persons employed by, and dependent upon a government. Will any gen- tlelnan compare the number of persons whc will be employed in the general government 140 JAMES MADISCW. witli the number of those that will be in the State governments! The number of depend- ents upon the State governments will be infi- nitely greater than those on the general govern- ment. I may say with truth, that there never was a more economical government in any age or country ; nor which will require fewer agents, or give less influence. Let us compare the members composing the legislative, executive and judicial powers in the general government, with those in the States, and let us take into view the vast number of persons employed in the States ; from the chief officers to the lowest, we shall find the scale preponderating so much in favor of the States, that while so many persons are attached to them, it will be impossible to turn the balance against them. There will be an irresistible bias towards the State governments. Consider the .number of militia officers, the number of ju'stices of the peace, the number of the mem- bers of the legislatures, and aU the various officers for districts, towns and corporations, all intertnixing with, and residing among the people at large. WhUe this part of the com- munity retains its affisction to the State govern- ments, I conceive the fact to be, that the State governments, and not the general government, will preponderate. It cannot be contradicted, that they have more extensive moans of influ- ence. I have my fears, as well as the honor- able gentleman ; but my fears are on the other side. Experience, I think, will prove, (though there be no infallible proof of it here,) that the powerful and prevailing influence of the States, ■will produce such attention to local considera- tions, as will be inconsistent with the advance- ment of the interests of the Union. But I choose rather to indulge my hopes than fears, because I flatter myself, if inconveniences should result from it, that the clause which provides araendments will remedy them. The combination of powers vested in those per- sons, would seem conclusive in favor of the States. The powers of the general government relate to external objects, and are but few. But the . powers in the States relate to those great ob- jects which immediately concern the prosperity of the people. Let us observe also, that the powers in the general government are those which will be exercised mostly in time of war, while those of the State governments wUl be exercised in time of peace. But I hope the time of war will be little, compared to that of peace. I could not complete the view which ought to be taken of this subject, without mak- ing this additional remark, that the powers vested in the proposed government, are not so much an augmentation of authority in the general government, as a change rendered ne- cessary, for the purpose of giving efficacy to those which were vested in it before. It can- not escape any gentleman, that this power in theory, exists in the confederation as fully as in this constitution. The only difference is this, that now they tax States, and by this plan, they will tax individuals. There is no theoretic diflferenoe between the two. But in practice there will be an infinite difference between them. The one is an ineffectual power : the other is adequate to the purpose for which it is given. This change was necessary for the xmb- lic safety. Let us suppose, for a moment, that the acts of Congress, requiring money from the States, had been as effectual as the paper on the table : suppose all the laws of Congress had had com- plete compliance, will any gentleman say, that as far as we can judge from past experience, the State governments would have been de- based, and all consolidated and incorporated in one system ? My imagination cannot reach it. I conceive, that had those acts the effect which aU laws ought to have, the States would have retained their sovereignty. ■ It seems to be supposed, that it will intro- duce new expenses and burdens on the people. I believe it is not necessary here to make a comparison between the expenses of the present and of the proposed government. All agree that the general government ought to have power for the regulation of commerce. I will venture to say, that very great improvements, and very economical regulations will be made. It will he a principal object to guard against smuggling, and such other attacks on the reve- nue as other nations are subject to. We are i now obliged to defend against those lawless * attempts ; but from the interfering regulations of different States, with very little success. There are regulations in different States which . are unfavorable to the inhabitants of other States, and which militate against the revenue. New York levies money from New Jersey by her imposts. In New Jersey, instead of co- ; operating with New York, the legislature fa- vors encroachments on her regulations. This will not be the case when uniform arrange- ments shall be made. Kequisitions, though ineffectual, are unfriend- ly to economy. When requisitions are sub- mitted to the States, there are near two thousand five hundred persons deliberating on the mode of payment. All these, during their deliberation, receive public pay. A great pro portion of every session, in every State, is em ployed to consider whether they will pay at all, and in what mode. Let u.i suppose fifteen hundred persons deliberating on this subject. Let any one make a calculation ; and it will be found that a very few days of their delibera- tion will consume more of the public money, than one year of that of the general legislature. This is not all, Mr. Chairman. When general powers shall be vested in the general govern- ment, there wiU be less of that mutability which is seen in the legislation of the States. The con- sequence will be a great saving of expense and time. There is another great advantage which I will but barely mention. The greatest cala- mity to which the United States can be sub- THE FEDERAL OONSTITUTIOK. 141 ject,_ is a vicissitude of laws, and a continual shifting and changing from one object to an- other, that must expose the people to various inconveniences. This has a certain effect, of which sagacious men always have, and always will make an advantage. From whom is ad- vantage made ? From the industrious farmers and tradesmen, who are ignorant of the means of making such advantages. The people will not be exposed to these inconveniences under a uniforui snd steady course of legislation. But they have been so heretofore. Sir, it has been said, that by giving up the ,v.n'er of taxation, we should give up every thing ; that requisitions ought to be made on the States, and that then, if they be not com- plied with. Congress should lay direct taxes by way of penalty. Let us consider the dilemma which arises from this doctrine. Either requi- sitions will be efficacious or they wiU not. If they be effioaoioiis, then I say, sir, we give up every . thing as much as by direct taxation. The same amount will be paid by the people as by direct taxes. If they be not efficacious, where is the advantage of this plan ? In what respect will it relieve us from the inconveniences which we have experienced from requisitions ? The power of laying direct taxes by the general government, is supposed by the honorable gen- tleman, to be chimerical and impracticable. What is the consequence 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 im- practicable in the first instance, it will be equally so when it will be exercised as a pen- alty. A reference has been made to concurrent executions, as an instance of the possibility of interference between the two governments. But it may be answered that, under the State governments, concurrent executions cannot produce the inconvenience here dreaded, be- cause they are executed by the same officer. Is it not in the power of the general govern- ment to employ the State officers ? Is nothing to be left to future legislation, or must every thing be immutably fixed in the constitution ? Where exclusive power is given to the Union, there can be no interference. Where the gen- eral and State legislatures have concurrent power, such regulations will be made, as may be found necessary to exclude interferences and other inconveniences. It will be their interest to make such regulations. It has been said, that there is no similarity be- tween petty corporations and independent States. I admit that, in many points of view, there is a great dissimilarity, but in others, there is a striking similarity between them, which illus- trates what is before us. Have we not seen in our own country (as has been already suggested in the course of the debates) concurrent collec- tions of taxes going on at once, without pro- ducing any inconvenience ? We have seen three distincj; collections of taxes for three dis- tinct purposes. Has it not been found practi- cable and easy for collections of taxes, foi parochial, county, and State purposes, to go or, at the same time ? Every gentleman must know that this is now the case, and though there be a subordination in these cases which will not be in the general government, yet in practice it has been found that these different collections have been concurrently carried on, with convenience to the people, without clash- ing with one another, and without deriving their harmony from the circumstance of being subordinate to one legislative body. The taxes will be laid for different purposes. The mem- bers of the one government, as well as of the other, are the agents of, and subordinate to, the people. I conceive that the collections oi the taxes of the one will not impede those of the other, and that there can be no interference. This concurrent collection appears to md' neither chimerical nor impracticable. Gentlemen compare resistance of the people to collectors, to refusal of requisitions. This goes against all government. It is as much as to urge that there should be no legislature. The gentlemen who favored us with their ob- servations on this subject, seemed to have rea- soned on a supposition that the general gov- ernment was confined, by the paper on your table, to lay general uniform taxes. Is it neces- sary that there should be a tax on any given article throughout the United States? It is represented to be oppressive, that the States who have slaves and make tobacco, should pay taxes on these for federal wants, when other States, who have them not, would escape. But does the constitution on the table admit of this ? On the contrary, there is a proportion to be laid on each State, according to its popu- lation. The most proper articles will be se- lected in each State. If one article in any State should be deficient, it will be laid on ano- ther article. Our State is secured on this foundation. Its proportion wiU be commensu- rate to its population. This is a constitutional scale, which is an insuperable bar against dis- proportion, and ought to satisfy all reasonable minds. If the taxes be not uniform, and the representatives of some States contribute to lay a tax of which they bear no proportion, is not this principle ,f eciprocal ? Does not the same principle hold in our State government in some degree? It has been found inconvenient to fix on uniform objects of taxation in this State, as the back parts are not circumstanced like the lower parts of the country. In both cases, the reciprocity of the principle will prevent a dis- position in one part to oppress the other. An honorable gentleman seems to suppose that Congress, by the possession of this ultimate power as a penalty, will have as much credit, and will be as able to procure any sums, on any emergency, as if they were possessed of it in the first instance ; and that the votes of Con- gress will be as competent to procure loans, as the votes of the British Commons. Would the votes of the British House of Commons have 142 JAMES MADISON. that credit wMoh they now have, if they were liable to be retarded in their operation, and per- haps rendered ultimately nugatory as those of Congress must be by the proposed alternative ? When their vote passes, it usually receives' the concurrence of the other branch, and it is known that there is sufficient energy in the government, to carry it into effect. But here, the votes of Congress are, in the first place, de- pendent on the compliance of thirteen different bodies, and after non-compliance, are liable to be opposed and defeated, by the jealousy of the States against the exercise of this power, and by the opposition of the people, which may be expected, if this power be exercised by Con- gress after partial compliances. These circum- stances being known. Congress could not com- mand one shilling. He seems to think that we ought %) spare the present generation, and throw our burdens upon posterity. I will not contest the equity of this reasoning, but I must say that good policy, as well as views of econo- my, strongly urge us even to distress ourselves to comply with our most solemn engagements. We must make effectual provision for the pay- ment of the interest of our public debts. In order to do justice to our creditors, and sup- port our credit and reputation, we must lodge power somewhere or other for this purpose. As yet the United States have not been able, by any energy contained in the old system, to accomplish this end. Our creditors have a right to demand the principal, but would be satisfied with a i punctual payment of the in- terest. If we have been unable to pay the interest, much less shall we be able to discharge the principal. It appears to me, that the whole reasoning used on this occasion shows, that we ought to adopt this system, in order to enable us to throw our burdens on posterity. The honorable member spoke of the decermiri at Eome, as having some similitude to the ten representatives who are to be appointed by this State. I can see no point of similitude here, to enable us to draw any conclusion. For what purpose were the decemviri appointed? They were invested with a plenary commission to make a code of laws. By whom were they appointed — by the people at large ? No ; my memory is not infallible, but it tells me they were appointed by the senate and composed of the most influential characters among the no- bles. Can any thing be inferred from that against our federal representatives ? Who made a discrimination between the nobles and the people? — the senate. Those men totally perverted the powers which were given them for the purpose above specified, to the sub- version of the public liberty. Can we suppose that a similar usurpation might be made, by men appointed in a totally different manner? As their circumstances were totally dissimilar, I conceive that no arguments drawn from that source can apply to this government. I do not thoroughly comprehend the reasoning of the honorable gentleman, when he tells us, that the federal government will predominate, and thai the State interests will be lost; when, at the same time, he tells us, that it will be a faction of seven States. If seven States will prevail as States, I conceive that State influence will pre- vail. If State influence under the present feeble government has prevailed, I think that a remedy ought to be introduced by giving the general government power to suppress it. He supposes that any argument with respect to a future war between Great Britain and France is fallacious. The other nations of Eu- rope have acceded to that neutrality, while Great Britain opposed it. We need not expect, in case of s"ch a war, that we should be suf- fered to participate of the profitable emolu- ments of the carrying trade, unless we were in a respectable situation. Recollect the last war. Was there ever a war in which the 3ritish nation stood opposed to so many nations ? All the belligerent powers in Europe, with nearly one half of the British empire, wore united against it. Yet that nation, thongh 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 solo 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 submitted to. Weakness will invite insults. A respectable government 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 4q . have large armaments, that we should estab- lish this government. The best way to avoid danger, is to be in a capacity to withstand it.-- The imposts, we are told, wiU not diminish, because the emigrations to the westward wiU prevent the increase of population. Gentlemen have reasoned on this subject justly, to a cer- tain degree. I admit, that the imposts will increase tiU population becomes so great as to compel us to recur to manufactures. The pe- riod cannot be very far distant, when the un- settled 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 population 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, manu- factures are beginning to be established. Where this is the case, the amount of importations will begin to diminish. Although the imposts 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 per- manent principles, 'and not on those of a tem- porary nature. Holland is a favorite quotation with honor THE FEDERAL CONSTITUTION. 143 able members on the other side of the question. Had not their sentiments been discovered by other circumstances, I should have concluded from their reasonings on tliis occasion, that they were friends to the constitution. I should suppose, that they had forgotten which side of the question they were defending. Holland has been called a republic, and a government friend- ly to liberty. Though it may be greatly supe- rior to sotae other governments in Europe, still it is not a republic, nor a democracy. Their legislature oonsissts, in some degree, of men who legislate for life. Their councils consist of men who hold their offices for life, and who fill up ofSces and appoint their salaries themselves. The people have no agency, mediate or imme- diate, in the government. If we look at their history we shall find, that every mischief which has befallen them, ha« resulted from the exist- ing confederacy. If the stadtholder has been productive of mischief — -if we ought to guard against such a magistrate more than any evU, let me beseech the honoi'able gentleman to take notice of what produced that, and of those troubles which interrupted their tranquillity from time to time. The weakness of their con- federacy produced both. When the French arms were ready to overpower their republic, and the Hollanders were feeble in the means of defence, which was principally owing to the violence of parties, they then appointed a stadt- holder, who sustained them. If we look at more recent events, we shall have a more pointed demonstration, that their political in- felicity arose from the imbeoUity of their gov- ernment. In the late disorders, the states were almost equally divided, three provinces on one side, three on the other, and the other divided: one party inclined to the Prussians, and the other to the French. The situation of France did not admit of their interposing immediately in their disputes by an ai-my; that of the Prus- sians did. A powerful and large army marched into Holland and compelled the other party to surrender. We know the distressing conse- quences to the people. What produced those disputes and the necessity of foreign interfer- ence but the debility of their confederacy ? We may be warned by their example, and shun their fate, by removing the causes which pro- duced their misfortunes. My honorable friend has referred to the transactions of the federal council with respect to the navigation of the Vlississippi. I wish it was consistent with deliiacy and prudence to lay a complete view of the whole matter before this committee. The history of it is singular and curious, and perhaps its origin ought to be taken into consideration. I wiU touch on some circumstances, and i^itroduce nearly the sub- stance of most of the facts relative to it, that I may not seem to shrink from explanation. It was soon perceived, sir, after the commence- ment of the war with Britain, that among the various objects that would affect the happiness of the people of America, the navigation of the Mississippi was one. Throughout the whole history of foreign negotiation, gi-eat stress was laid on its preservation. In the time of our greatest distresses, and particularly when the southern States were the scene of war, the southern States cast their eyes around to be relieved from their misfortunes. It was sup- posed that assistance might be obtained for the relinquishment of that navigation. It was thought that, for so substantial a consideration, Spain might be induced to afford decisive suc- cor. It was opposed by the northern and east- ern States. They were sensible that it might be dangerous to surrender this important right, particularly to the inhabitants of the western country. But so it was, that the southern States were for it, and the eastern States op- posed it. Since obtaining that happy peace, which secures to us all our claims, this subject has been taken again into consideration, and deliberated upon in the federal government. A temporary relinquishment has been agitated. Several members from the different States, but particularly from the northern, were for a tem- porary surrender, because it would terminate disputes, and at the end of the short period for which it was to be given, the right would re- vert, of course, to those who had given it up. And for this temporary surrender some com- mercial advantages were offered. For my part, I considered that this measure, though founded on considerations plausible and honorable, was yet not justifiable but on grounds of inevitable necessity. I must declare, in justice to many characters who were in Congress, that they declared they never would agree to the mea- sure, unless the situation of the United States was such as could no,t prevent it. On the whole, I am persuaded that the adop- tion of this government will be favorable to the preservation of the right to that navigation. Emigrations will be made from those parts of the United States which are settled, to those which are unsettled. If we afford protection to the western country, we shall see it rapidly peopled. Emigrations from some of the north- ern States have lately increased. We may con- clude, that those who emigrate to that country, wiU leave behind them all their friends and connections as advocates for this right. What was the cause of those States beiag the champions of this right, when the southern States were disposed to surrender it ? The pre- servation of this right will be for the general interest of the Union. The western country will be settled from the north as well as from the south, and its prosperity wiU add to the strength and security of the nation. I am not able to recollect all those circumstances which would be necessary to give gentlemen a full view of the subject. I can only add, that I consider the establishment of the new govern- ment to be the best possible means of securing our rights as well in the western parts as else- where. I will not sit down till I make one more ob- 144 JAMES MADISON. servation on what fell from an honorable mem- ber. He said that the true difference between the States lies in this circumstance — ^that some are carrying States, and others productive, and that the operation of the new government will be, that there will be a plurality of the former to combine against the interest of the latter, and that, consequently, it wiU be dangerous to put it in their power to do so. I would join with him, in sentiment if this were the case. Were this within the bounds of probability, I should be equally alarmed; but I think that those States which are contradistinguished as carrying States, from the non-importing States, will be but few. I suppose the southern States will be considered by all as under the latter de- scription. Some other States have been men- tioned by an honorable member on the same side, which are not considered as carrying States. New Jersey and Connecticut can by no means be enumerated among the carrying States. They receive their supplies through New York. Here then is a plurality of non- importing States. I could add another, if necessary. Delaware, though situated upon the water, is upon the list of non-carrying States. I might say that a great part of New Hampshire is so. I believe a majority of the people of that State receive their supplies from Massachusetts, Ehode Island, and Connecticut. Might I not add all those States which will be admitted hereafter into the Union ? These will be non-carrying States, and will support Vir- ginia in case the carrying States should attempt to combine against the rest. This objection must therefore fall to the ground. THE BRITISH TKEATY. Mr. Madison delivered the subjoined speech, in the House of Representatives of the United States, on the fifteenth of April, 1796.* Mr. Chairman : The subject now under the consideration of the committee is of such vast extent, of such vital importance to this country, and involves so many topics which demand mi- nute inve^stigation, that I wish, at setting out, to be understood as not pretending to go through aU the observations that may be applicable to its circumstances, but as endeavoring to present it in a mere general vi^, persuaded that the omissions I shall make, will be amply supplied by other gentlemen who are to follow me in the discussion. The proposition, sir, immediately before the committee, amounts to this ; that the treaty lately made with Great Britain ought to be di- rectly carried into effect, by all such means and provisiohs as are peculiarly within the province and the competency of the House of Eepre- sentatives to supply. This, sir, is the substance of the point immediately in question ; biit it will, in examining it, be proper to keep con- stantly in view another proposition which was made yesterday, by the gentleman from Penn- sylvania, t and referred to the committee, and which will be taken up of course, if the imme- diate question shall be decided in the negative. Sir, if the proposition for carrying the treaty into effect be agreed to by the House, it must necessarily be upon some one or other of the three following considerations : That the legis- lature is bound by a constitutional necessity to ♦ See introdnction at page 104 t Mr. Maclay. -vvlio moved a resolution "that it is not ex- pedient at this time to concur in passing the laws necessary for carrying the said treaty into effect." pass the requisite laws, without examining the treaty or considering its merits — or that, on due examination, the treaty is deemed to be in itself a good one — or that, apart from these considerations, there shall appear extraneous reasons of sufficient weight to induce the House to carry the treaty into effect, even though it he in itself a had treaty. The first of . these considerations, however, is now completely ex- cluded by the late decision of the House, that they have a right to judge of the expediency or inexpediency of passing laws relative to treaties ; the question then first to be examined by the committee, is that which relates to the merits of the present treaty. I wUl now, therefore, proceed to discuss those merits, and to present them to the committee under three different aspects. The first, as it relates to the execu- tion of the treaty of peace, made in the year 1783. The second, as it bears upon and deter- mines the several points in the law of nations connected with it. And the third, as it in- fringes upon and may be supposed to affect the commercial intercourse of the two nations. Sir, in animadverting upon the first of these, I will not take upon me the invidious office of inquiring which party it is to whom the censure may justly be ascribed of having more than the other contributed to the delay of its execution, though I am far from entertaining any desire' to shrink from the task, under an apprehension that the result might be disadvantageous to this country. The present treaty has itself, in ex- press terms, waived this inquiry, and professes that its purpose is to adjust all controversies on the subjects of which it is conversant, without regard to the mutual complaints or pretensions of the parties. Naturally, therefore, and most justly was it to be expected, that the arrange- ments for carrying that treaty into effect, would have been founded on the most exact, scri'pu- THE BRITISH TEEATY. 145 lou8, and equitable. reciprocity. But has, this been tbe case, sir ? I venture to say that it has not, and it grieves me to add, what neverthe- less truth and justice compel me to declare, that, on the contrary, the arrangements were founded on the grossest violation of this princi- ple. This, sir, is undoubtedly strong language, and as such I should be one of the last men liv- ing to give it utterance, if I were not supported in it by facts no less strong and unequivocal. There are two articles in the old treaty, for the execution of which no provision whatsoever is made in the new one. The first is that which relates to the restitution of, or compensation for, the negroes and other property carried away by the British. The second, that which provides for the surrender to the United States of the posts, so long withheld by them, on our territory. The article that remains unexecuted on the part of the United States, is that which stipulates for the payment of all honafide debts owing to British creditors ; and the present treaty guarantees the carrying of this article into the most complete effect by the United States, together with all damages sustained by the delay, even to the most rigid extent of ex- action, while it contains no stipulation what- ever, on the part of Great Britain, for the faith- ful performance of the articles left unexecuted by her. Look to the treaty, sir, and you will find nothing like it, nothing allusive to it. No, on the contrary, she is entirely and formally absolved from her obligation to fulfil that arti- cle which relates to the negroes, and is dis- charged fi'om making any compensation what- soever for her having delayed to fulfil that which provides for the surrender of the posts. I am aware, sir, of its being urged in apology, or by way of extenuation for these very une- qual stipulations, that the injury which may possibly be sustained by us, in consequence of the detention of the posts by the British gov- ernment, is not susceptible of an accurate valu- ation ; that between such an injury and money there is no common measure, and that there- fore the wrong is incapable of liquidation, and affords no fair basis for a calculation of pecu- niary damages. This apology, sir, may appear plausible, but it is by no means satisfactory. Commissioners might easily have been appoint- ed (as they are, vested, too, with full discretion for other purposes) to take charge of this sub- ject, with instructions to do. what they could, if unable to do what they ought, and if incapa- ble of effecting positive justice, at least to miti- gate the injustice of doing nothing. For the very extraordinary abandonment of the compensation due for the negroes and other property carried off by the British, apologies have also been lamely attempted; and these apologies demand consideration. It is said to be at least doubtful whether this claim is au- thorized by the seventh article of the treaty of peace, and that Great Britain has uniformly de- nied the meaning put by the United States on that article. In reply to these assertions, it is 10 sufficient for me to remark, that so far from its being true that Great Britain has uniformly de- nied the American construction of this article, it is susceptible of positive proof, that till very lately. Great Britain has uniformly admitted our construction of it, and that she has rejected the claim on no other ground than the alleged violation of the fourth article on the part of the United States. But on the supposition that it had been true, that Great Britain had uniformly asserted a different construction of the article, and refused to accede to ours, I beg leave to ask the House what ought to have been done? Ought we to have acceded at once to her con- struction? You-wJ anticipate me, sir, in say- ing, assuredly not. Each party had an equal right to interpret the compact; and if they could not agree, they ought to have done in this what they did in other cases where they could not agree ; that is, have referred the set- tlement of the meaning of the compact to arbi- tration : but, for us to give up the claim alto- gether because the other party to the compact thought proper to disallow our construction of it, was in effect to admit nothing less than that Great Britain had a better right than the United States to explain the point in contro- versy, or that the United States had done some- thing which in justice called for a sacrifice of one of their essential rights. From this view of the subject, sir, I consider it to be evident, that the arrangements in this treaty which relate to the treaty of peace of 1783, are in several instances deficient both in justice and reciprocity. And here a circum- stance occurs, that in my opinion deserves the very particular attention of the committee. From the face of the treaty generally, and par- ticularly from the order of the articles, it would seem that the compensation for the spoliations on our trade have been combined with the exe- cution of the treaty of peace, and may therefore have been viewed as a substitute for the equiv- alent stipulated for the negroes. If this be really the meaning of the instrument, it cannot be the less obnoxious to reasonable and fair judges. No man can be more firmly convinced than I myself am, of the perfect justice on which the claims of the merchants on Great Britain are founded, nor can any one be more desirous to see them fully indemnified. But surely, sir, it will not be asserted that compen- sation to them is a just substitute for the compen- sation due to others. It is impossible that any claims can be better founded than those of the sufferers under the seventh article of the treaty of peace ; because they are supported by posi- tive and acknowledged stipulation, as well as by equity and right. Just and undeniable as the claims of the merchants may be, and cer- tainly are, the United States cannot be obliged to take more care of them than of the claims equally just and unquestionable of other citi- zens; much less to sacrifice the latter to the former. To set this matter in a light that will exhibit it in the clearest and most familiar way l46 JAMES MADISON. possible to the understanding and the bosom of every member in this house, I will invert the case. Let us suppose for a moment, that in- stead of relinquishing the claims for property wrongfully carried off at the close of the war, and obtaining stipulations in favor of the mer- cantile claims, the mercantile claims had been relinquished, and the other claims provided for — I ask, would not the complaints of the mer- chants have been as universal and as loud as they would have been just! Sir, besides the omissions in favor of Great Britain, which I have already pointed out, as particularly connected with the execution of the treaty of peace, the committee wUl perceive that there are conditions annexed to the partial execution of it in the surrender of the western posts, which increase the general inequality of this part of the treaty, and essentially affect the value of those objects. I beseech the commit- tee to examine the point with the attention a subject of so very important a character de- mands. The value of the posts to the United States is to be estimated by the influence of those posts : first, on the trade with the Indians, and sec- ondly, on the temper and conduct of the Indians to the United States. Their influence on the Indian trade depends principally on the exclusive command they give to the several carrying places connected with the posts. These places are understood to be of such importance in this respect, that those who possess them exclusively wUl have a mo- nopoly of that lucrative intercourse with a great part of the savage nations. Great Britain hav- ing exclusively possessed those places, has pos- sessed all those advantages without a rival; and it, was reasonably enough expected, that with the exclusive possession of the posts, the exclusive benefits of that trade and intercourse would be transferred also ; but by the treaty now under consideration, the carrying places are to be enjoyed in common, and it will be de- termined by the respective advantages under which British and American traders will en- gage in the trade, which of them is to have the larger share in it. In this point of view, even if in no other, I view this regulation in the treaty as highly impolitic and injurious to the interests of this country. I need not dwell upon the signal advantages the British will have in their superior capital, which we shall have to encounter in all our commercial rival- ships ; but there is another consideration which ought to have, and no doubt will have great weight with the committee on this subject. The goods imported for the Indian trade through Canada pay no duties, whilst those imported through the United States for that trade will have paid duties from seven to ten per centum. At the same time, every man must see that a drawback is impracticable, or would he attend- ed with an expense which the business would not bear. "Whatever the value or the impor- tance, therefore, which the posts may be sup- posed to derive from those considerations, they are in a great measure stripped of them by the condition annexed by this treaty to the surren- der of the posts. Instead of securing, as it ought to have done, a monopoly in our favor, the carrying places are made common to both countries under circumstances which wUl, in all probability, throw a monopoly into the hands of Great iJritain. Nor is this a transient or a temporary evil, for that article of the treaty is to last for ever. As to the influence of the posts on the conduct of the Indians, it is well known to depend chiefly upon their influence on the Indian trade. In proportion, therefore, as the condition annexed to the surrender of the posts affects the one, it must affect the other. So long and in such degree as the British continue to enjoy the Indian trade, they wUl continue to influence the Indian conduct ; and though that should not be in the same degree as heretofore, it will be at least in a degree sufBoiently great to pass sentence of condemnation on the article in question. Another very extraordinary feature in this part of the treaty, sir, is the permission that it grants to aliens to hold lands in perpetuity. I wUl not inquire how far this may be authorized by constitutional principles, but I will always maintain that there cannot be found, in any treaty that ever was made, either where terri- tory was ceded, or where it was acknowledged by one nation to another, one other such stipu- lation. Although I admit, that in such cases it has been common, and may be right, to make regulations for the conservation of the prop- erty of the inhabitants, yet I believe it wdU ap- pear that in every case of the kind that has oc- curred, the owners of landed property, when they were so favored, were either called upon to swear aUegianoe to the new sovereign, or compelled to dispose of their landed property within a reasonable time. Sir, the stipulation by which all the ports of the United States are to open to Great Britain, as a valuable consideration for, or condition upon which those of one of her unimportant provinces are to be opened to us in return, is marked with such signal inequality that it ought not only to be rejected, but marked with cen- sure. Nor is the clause respecting the Missis- sippi less censurable. To me, indeed, it ap- pears singularly reprehensible. Happy is it for the United States, that the adjustment of our claims with Spain has been brought about, be- fore any evil operation of the clause has been experienced. But of the tendency of the thing, I am persuaded, there can be no doubt. It is the more remarkable that this extension of the privileges of Great Britain on the Mississippi, beyond those contained in the treaty of peace, should have been admitted into the new treaty, because, by the latter itself, the supposition is suggested that Great Britain may be deprived, by her real boundary, of all pretensions to n share in the waters and the banks of the Mis- sissippi. THE BRITISH TREATY. 147 And now, sir, to turn to the second aspect, in which 1 have undertaken to examine the ques- tion ; namely, as it determines the several points in the law of nations connected with it. And here, I must say, that the same want of real reciprocity, and the same sacrifice of the in- terests of the United States, are conspicuous. Sir, it is well known that the principle that "ruEE SHIPS MAKE FHEE Q00D8," has ever heen a great and favorite object with the United States ; they have established this principle in all their treaties; they have witnessed with anxiety the general effort and the successful ad- vances towards incorporating this principle in the law of nations — a principle friendly to all neutral nations, and particularly interesting to the United States. I know, sir, that it has be- fore now been conceded, on the part of the United States, that the law of nations stands as the present treaty regulates it ; but it does not foUow that more than acquiescence in this doctrine is proper. There is an evident and a material distinction between sUently acqui- escing in it, and giving it the additional force and support of a formal and positive stipula- tion. The former is all that could have been required, and the latter is more than ought to have been unnecessarily yielded. The treaty is liable to similar objections in respect to the enumeration it contains of contraband articles, in which, sir, I am sorry to be obliged to re- mark, that the circumstances and interests of the United States, have been made to give way to the particular views of the other party, while the examples held out in our other treaties have been disregarded. Hemp, tar, pitch, turpentine, &c., important staples of this country, have, without even a pretext of reci- procity, been subjected to confiscation. No nation which produces these articles has, I be- lieve, any treaties at present, making the same sacrifice, with the exception of Denmark, who, in the year 1780, by what means I know not, was induced to agree to an explanation of the treaty of 1670, by which these articles are de- clared to be contraband. Now, sir, it appears to me, that this same supplementary and explana- tory agreement between Great Britain and Den- mark, has been the model selected for the con- traband list of the treaty, at present in ques- tion ; the enumeration in the latter being tran- scribed, word for word, from the former, with a single exception, which, not only is in itself, but renders the whole transaction extremely remarkable. The article "Horses," which stands as one part of the original, is entirely omitted in the copy; and what renders the omission more worthy of scrutiny, is, that though the treaty, in general, seems to have availed itself, wherever it readily could, of the authority of Vattel, the omission of horses ie no less a departure from him, than from the original, from which that part of the treaty was copied. Indeed, the whole of this particu- lar transaction seems fraught with singularity and just liability to suspicion; for, strange as it may appear, it is certainly true, that the copy proceeded exactly from the original, till it got as far as the purposes of Great Britain required, and at that point stopped short. I entreat the committee to pay attention to this fact. After enumerating the articles that are to be deemed contraband, the Danish article goes on in the words following, viz. : " But it is expressly de- clared, that among contraband merchandises, shall not be comprehended fish and meats, whether fresh or salted; wheat, ilour, corn, oi other grain; beans, oil, wines, and generally whatever serves for the nourishment and sup- port of life ; all of which may at all times be sold and transported, like any other merchandises, even to places held by an enemy of the two crowns, provided they be not besieged or block- aded." This view of the subject naturally leads me to make some observations on that clause of the treaty which relates to provisions, and which, to say the least of it, wears a very am- biguous and disagreeable countenance ; or, to speak more precisely, seems to carry with it a necessary implication that provisions, though not bound to besieged or blockaded places, may according to the law of nations, as it now ex- ists, be regarded and treated as contraband. According to the genuine law of nations, no articles, which are not expressly and generally contraband, are so, in any particular instance, except in the single case of their going to a place besieged; yet it is recognized by this treaty, that there are other cases in which pro- visions may be deemed contraband, from which recognition, implication fairly results, that one of those cases may be that which has been as- sumed and put in force by Great Britain, in re- lation to the United States. Such trivial cases, as might be devised by way of appurtenances to the law, that condemns what is bound to blockaded places, can by no means satisfy the import of the stipulation; because such cases cannot he presumed to have been in contem- plation of the parties. And if the particular case, of provisions bound to a country at war, although not to a besieged place, was not meant to be one of the oases of contraband according to the existing law of nations, how necessary was it to have said so ; and how easy and natu- ral would that course have heen, with the Danish example on the subject before their eyes. On the supposition that provisions, in our own vessels, bound to countries at war with Great Britain, can be now seized by her for her own use, on the condition stipulated, this fea- ture of the treaty, sir, presents itself in a very serious light indeed ; especially if the doctrine be resorted to, that has been laid down by the executive in the letter of Mr. Jeflferson, then Secretary of State, to Mr. Pinckney, on the 7th of September, 1793. This letter is a com- ment on the British instructions of June the 8th, 1793, for seizing neutral provisions. After stating the measure as a flagrant breach of the 148 JAMES MADISON. la-w of nations, and as ruinous to our commerce and agriculture, it has the following paragraph : "This act, too, tends to draw us from that state of peace in whicn we are willing to remain. It is an essential character of neutrality to furnish no aids not stipulated by treaty" — that is, sir, by a treaty made prior tO' the war — " to one party, which we are not equally ready to fur- nish to the other. If we permit corn to be sent to Great Britain and her friends, we are equally bound to permit it lo be sent to France. To restrain it would be a partiality that must lead to war; and between restraining it our- selves, and permitting her enemies to restrain It unrightfully, there is no difference. She would consider it as a mere pretext, of which she certainly would not agree to be the dupe ; and on what honorable ground could we other- wise explain it ? Thus we should see ourselves plunged, by this unauthorized act of Great Britain, into a war, with which we meddle not, and which we wish to avoid, if justice to all parties, and from all parties, will enable us to avoid it."* Sir, I entreat the committee to give this very interesting executive document all the attention which it demands, and which tliey have in their power to bestow. I am now, sir, come to that article of the treaty by which the sequestration of British property is prohibited; upon which I must say, that though I should, in all probability, be one of the last men existing, to have recourse to such an expedient for redress, I cannot ap- prove of a perpetual and irrevocable abandon- ment of a defensive weapon, the existence of which may render the use of it unnecessary. Sir, there is an extraordinary peculiarity in the situation of this country, as it stands in its relations to Great Britain. As we have no fleets or armies, to command a respect for our rights, we ought to keep in our own hands all such means as our situation gives us. This article, sir, is another instance of the very little regard that has been paid to reciprocity. It is well known, that British subjects now have, and are likely always to have- in this country, a vast quantity of property of the kind made sacred. American citizens; it is known, have little, and are likely to have little of the kind in Great Britain. If a real reciprocity was in- tended, why are not other kinds of private property, such as vessels and their cargoes, equally protected against violation? These, e ven within the jurisdiction of Great Britain, are left open to seizure and sequestration, if Great Britain shall find it expedient ; and why is not property on the high seas, under the protection of the law of nations, which is said to be a part of the law of the land, made secure by a like stipulation ? This would have given a face of equality and reciprocity to the bargain. But nothing of the sort makes a part of it. Where Great Britain has a particular' interest at stake, the treaty watchfully provides for it ; when the • Writings of Thomas Jefferson. Ed. 1854, vol. 4. page 61. United States have an equal interest at stake, and equally entitled to protection, it is aban- doned to all the dangers which it has expe- rienced. Having taken this brief review of the posi- tive evils in this part of the treaty, I might add the various omissions, which are chargeable upon it : but, as I shall not pretend to exhaust the subject, I will mention only one, and that is, the utterly neglecting to provide for the ex- hibition of sea papers ; and, I cannot help re- garding this omission as truly extraordinary, when I observe that in almost every modern treaty, and particularly in all our other trea- ties, an article on this subject has been regu- larly inserted. Indeed it has become almost an article of course in the treaties of the present century. I shall now, sir, consider the aspect in which the commercial articles of this treaty present themselves for consideration. In the free in- tercourse stipulated between the United States and Great Britain, it cannot be pretended that any advantage is gained by the former. A treaty is surely not necessary to induce Great Britain to receive our raw materials and to sell us her manufactures. Let us, on the other' hand, consider what is given up by the United States. It is well known that when our government came into operation, the tonnage of America, employed in the British trade, bore a very in- considerable proportion to the British tonnage. There being nothing on our side to counteract the influence of capital and other circumstances on the British side, that disproportion was the natural state of things. As some small balance to the British advantages, and particularly that of her capital, our laws have made several re- gulations in favor of our shipping, among which is the important encouragement resulting from the difference of ten per centum in the duties paid by American and foreign vessels. Under this encouragement, the American tonnage has increased in a very respectable degree of pro- portion to the British tonnage. Great Britain has never deemed it prudent to frustrate or diminish the effects of this, by attemping any countervailing measures for her shipping ; being aware, no doubt, that we could easily preserve the dilFerence by further measures on our side : but by this treaty, she has, reserved to herself the right to take such countervailing measures against our existing regulations, and we have surrendered our right to pursue fur- ther defensive measures against the influence of her capital. It is justly to be apprehended, therefore, that under such a restoration of things to their former state, the American ton- nage will relapse into its former disproportion to the British tonnage. Sir, when I turn my attention to that branch of the subject which relates to the West Indies, I see still greater cause for astonishment and dissatisfaction. As the treaty now stands. Great Britain is left as free, as she ever has been, to THE BRITISH TREATY. 149 continue to herself and her shipping, the entire monopoly of the intercourse. "EecoUecting, as I do, and as every member of the committee must do, the whole history of this subject, from the peace of 1783, through every subsequent stage of our independence, down to the mission of the late envoy, I find it impossible, ade- quately to express my astonishment, that any treaty of commerce should ever have been ac- ceded to, that so . entirely abandoned the very object for which alone such a treaty could have 'been contemplated; I never could have be- lieved that the time was so near, when all the principles, claims and calculations, which have heretofore prevailed among aU classes of peo- ple, in every part of the Union, on this inter- esting point, were to be. so completely re- nounced. A treaty of commerce with Great Britain, excluding a reciprocity for our vessels in the West India trade, is a phenomenon which 311s me with great surprise. I may be told, perhaps, that in the first place. Great Britain grants to no other nation the privilege granted to the United States of trad- ing at all with her West Indies, and that, in the second place, this is an Important relaxation of the colonial system established among the na- tions of Europe. To the first of these observa- tions, I reply, that no other nation bears the same relation to the West Indies as the United States ; that the supplies of the United States are essential to those islands; and that the trade with them has been permitted purely on that account, and not as a beneficial privilege to the United States. To the second, I reply, that it is not true, that the colony system requires an exclusion of foreign vessels from the carrying trade be- tween the colonies and foreign countries. On the contrary, the principle and practice of the colony system are, to prohibit, as much as may be convenient, all trade between the colonies and foreign countries ; but when such a trade is permitted at all, as necessary for the colonies, then to allow the vessels of such foreign coun- tries a reciprocal right of being employed in the trade. Great Britain has accordingly re- strained the trade of her islands with this country, as far as her interest in them will permit. But, has she allowed our vessels the reciprocal right to carry on the trade so far as it is not restrained? — No such thing. Here she enforces a monopoly in her own favor, contrary to justice, and contrary to the colonial system of every European nation that possesses any colonies ; none of whom, without a single exception, ever open a trade between their colonies and other countries, without opening it equally to vessels on both sides. This is evidently nothing more than strict justice. A colony is a part of an empire. If a nation ' choose, she may prohibit all trade between a jolony and a foreign country, as she may be- tween any other part of her dominions and a foreign country ; but if she permit such a trade at all, it must be free to vessels on both sides, as well in the case of colonies as of any other part of her dominions. Great Britain has the same right to prohibit foreign trade between London and the United States, as between Jamaica and the United States ; but if no such prohibition be made with respect to either, she is equally bound to allow foreign vessels a com- mon right with her own in both. If Great Britain were to say, that no trade whatever should be carried on between London and the United States, she would exercise a right of which we could not reasonably complain. If she were to say, that no American vessels should be employed in the trade, it would pro- duce just complaints, and justify a reciprocal regulation as to her vessels. The case of the trade from a port in the West Indies is precisely similar. In order that the omission of the treaty to provide a reciprocity for our vessels in the West India trade, may be placed in its true light, it will be proper to attend to another part of the treaty, which ties up the hands of this countiy against every efibrt for making it the interest of Great Britain to yield to our reasonable claims. For this end I beg leave to point out to the committee the clause which restrains the United States from imposing pro- hibitions or duties on Great Britain, in any case, which shall not extend to all other nations, and to observe, that the clause makes it im- possible to operate on the unreasonable policy of that nation, without suspending our com- merce at the same time with all other nations, whose regulations, with respect to us, may be ever so favorable and satisfactory. The fifteenth article, Mr. Chairman, has ano- ther extraordinary feature, which I should imagine must strike every observer. In other treaties, which profess to put the parties on the footing of the most favored nation, it is stipu- lated that where new favors are granted to a particular nation in return for favors received, the party claiming the new favor shaU pay the price of it. This is just and proper where the footing of the most favored nation is established at all. But this article gives to Great Britain the full benefit of all privileges that may be gi'anted to any other nation, without requiring from her the same or equivalent privileges with those granted by such nation. Hence it will happen, that if Spain, Portugal or France shall open their colonial ports to the United States, in consideration of certain privileges in our trade, the same privileges will result gratis and ipgo facto to Great Britain. This stipulation, sir, I consider as peculiarly impolitic, and such an one as cannot fail to form, in the view of the committee, a very solid and weighty ob- jection to the treaty. I dare say, sir, that by the advocates of the treaty great stress will be laid on the article relating to the East Indies. To those who are better acquainted with the subject than I can pretend to be, I shall resign the task of ex- amining and explaining that part of the subject 150 JAMES MADISOK. With two observations, however, I must trouble the committee, before I- drop the subject of this article ; one is, that some gentlemen, as judi- cious and well informed as any who can be consulted, declare that they consider this article as affording not a shadow of advantage to the United States. The other is, that no privilege is stipulated in it, which has not heretofore been uniformly granted without stipulation ; and as the grant can have proceeded from no motive but a pure regard to the British interest in that country, there was every reasonable security that the trade would continue open as it had been, under the same consideration. Such, Mr. Chairman, being the character of this treaty, with respect to the execution of the treaty of peace, the great principles of the law of nations, and the regulations of com- merce, it never can be viewed as having any claim to be carried into effect on its own ac- count. Is there then any consideration, extra- neous to the treaty, that can furnish the requi- site motives ? On this part of the subject, the House is wholly without information. The continuance of the spoliations on our trade, and the impressment of our seamen, whether to be understood as practical comments on the treaty, or as infractions of it, cannot but enforce on the minds of the committee the most serious reflections. And here, sir, I beg leave to refer once more to the passage I have already read, extracted from the letter of Mr. Jefferson to Mr. Pinokney, and to ask if, as there stated by the executive, our neutrality and peace are to be exposed, by permitting practices of that kind, what must be thought of our giving effect, in the midst of such practices, to a treaty from which a countenance may be derived by that nation for going on further with them ? I am aware that the executive, notwithstand- uig the doctrine and policy laid down as above, has finally concurred in the treaty under all these circumstances. But I do not consider that as invalidating the reasoning drawn from the present state of things. I may be treading on delicate ground, but I cannot think it im- proper to remark, because it is a known fact, that the executive paused for some weeks after the concurrence of the Senate, before he ratified the treaty with his signature ; and I think it may fairly be presumed, that the true grounds of that pause were the renewal of spoliations, and a recollection of the light in which they had been represented; that, on that supposition, he was probably influenced in signing the treaty when he did, by an expectation that such a mark of confidence in the British gov- ernment would produce an abolition of the un- lawful proceeding, and consequently, if it were foreseen that the spoliations would have been continued, as we find them to be, the treaty would not have been then signed, or if it had not been then signed, it would not be signed under the circumstances of the moment, when it falls under our consideration. I shaU conclude, Mr. Chairman, with taking notice of two considerations, which have been made great use of by way of inducing Congress to carry the treaty into effect. In the first place, it has been said, that the greater part of the treaty is to continue in force for no longer time than two years after the termination of the present war in Europe ; and that no very great evils can grow out of it in that short period. To this I reply, that ten of the articles, containing very objectionable stipulations, are perpetual ; and that, in the next place, it will be in the power of Great Britain, at the expira- tion of the other articles, to produce the same causes for the renewal of them, as are now urged in their support. If we are now to en- force the treaty, lest Great Britain should stir up the Indians, and refuse to pay our merchants for the property of which she has plundered them, can she not, at the end of two or three years, plunder them again, to the same or a greater amount ! Cannot the same apprehen- sions be revived with respect to the Indians, and will not the arguments then be as strong as they are now, for renewing the same treaty, or for making any other equal sacrifices that her purposes may dictate ? It has been asked, What will be the conse- quences of refusing to carry the treaty into ef- fect 1 I answer, that the only supposable con- sequence is, that the executive, if governed by the prudence and patriotism which I do not doubt wiU govern that department, will of course pursue the measures most likely to ob- tain a reconsideration and remodifioation of the offensive parts of the treaty. The idea of war as a consequence of refusing to give effect to the treaty is too visionary and incredible to be admitted into the question. No man will say that the United States, if they be really an in- dependent people, have not a right to judge ot their own interests, and to decline any treaty that does not duly provide for them. A refu- sal, therefore, in such cases, can afford no cause, nor pretext, nor provocation for war, or for any just resentment. But, apart from this, is it conceivable that Great Britain, with all the dangers and embarrassments that are thick- ening on her, wOl wantonly make war on a country which is the best market she has in the world for her manufactures, which pays her an annual balance, in specie, of ten or twelve millions of dollars, and whose supplies, more- over, are essential to an important part of her dominions ? Such a degree of infatuation ought not to be ascribed to any country. And, at the present crisis, for reasons well known, an un- provoked war from Great Britain, on this coun- try, would argue a degree of madness greater than any other circumstances that can weU be imagined. With all the objections,' therefore, to the treaty, which I have stated, I hope it will not now be carried into effect, and that an oppor- tunity will take place for reconsidering the subject, on principles more just and favorable to the United States. JOHN JAY. Amokto those Huguenots who were compelled, on the revocation of the edict of Nantes, to Abandon their country or renounce their religion, was Pierre Jay, the great grandfather of the subject of the present memoir. After suffering great contumely at the hands of the Catholics, he fled to England, managing, through the strictest precaution, to carry with him a sufficiency adequate to the support of himself and his family. Having escaped from persecution and reached a friendly country, nothing remained to cause anziety but the fate of his son Augustus, who had gone on a voyage to Africa, and would probably return to France without having been apprised of the troubles and flight of his family. This accordingly happened. On his arrival at Eochelle he found himself in a situation not easy to be described. The persecution was pro- ceeding with increasing severity, and every circumstance pressed him to decide, without delay, on the measures proper to pursue. The kindness of his friends facilitated every necessary ar- rangement for his departure, and in a short time he embarked for Charleston in South Carolina. Finding the climate of that locality unfavorable to his health, he went to Philadelphia, and from thence to New York. Here he met many friends who had left Eochelle to escape the Popish persecution, and soon established himself in business. In 1697 he married a daughter of Mr. Balthazar, by whom he had four children, the youngest a son, " whom, in honor of his father, he named Peter." This son married a daughter of Jacobus Van Cortlandt, m 1728, and was blessed with ten children. ' John Jay, the eighth child of Peter, was born in the city of New York, on the twelfth day of December, 1743. At an early period he manifested a grave and studious disposition. Under the care and instruction of his mother, he acquired the rudiments of English and the Latin grammar, and, at the age of eight years, was placed at a school kept by the Reverend Mr. Stoope, at New Eochelle. Here he remained about two years, continuing his subsequent studies at home, under a private tutor, until he reached the age of fourteen years. In 1760 he entered the Freshman class of King's (now Columbia) College, where he applied himself with resolution and persever- ance. His studious habits and correct deportment acquired for him the friendship of the Presi- dent, Dr. Samuel Johnson, who, on his retirement from the college, during the third year of young Jay's course, wrote a letter to his favorite pupU, inviting him to visit him, and assuring him of his prayers that he might ." continue to act a good part." On the fifteenth of May, 1764, Mr. Jay graduated with the highest honors of his class, and two weeks after, entered the ofiice of Mr. Benjamin Kissam, as a student at law. "His talents and virtues gave at that period," says the celebrated Lindley Murray,* " pleasing indications of future eminence. He was re- markable for strong reasoning powers, comprehensive views, indefatigable application, and un- common firmness of mind. With these qualifications, added to a just taste in literature, and ample stores of learning and knowledge, he was happily prepared to enter on that career of public virtue by which he was afterward honorably distinguished, and made instrumental in pro- moting the good of his country." On his admission to the bar in 1768, he entered into partner- • Lindley Murray, the celebrated author of several works on grammar and religion, was a fellow-student with Mr. Jay In the office of Mr. Kissam.— JKwvo^'s MemMr. 'B2 JOHN JAT. ship with Robert R. Livingston, afterward Ohancellor of the State of New York, and immedi- ately commenced an extensive and profitable practice. In 1774 Mr. Jay married Sarah, the youngest daughter of William Livingston, afterward Gov- ernor of New Jersey, and a political writer of great wit and power. At this period his pros- pects of domestic happiness and professional eminence were unusually brilliant ; but the storm of the Revolution soon darkened the political horizon, and he was called upon to support the rights of his countrymen, abroad and at home. On the passage of the Boston Port Bill, a meet ing was holden in New York, " to consult on the measures proper to be pursued in consequence of the late extraordinary advices received from England," and a committee of fifty was organized to correspond with the other Colonies " on all matters of moment." Of this committee Mr. Jay was an active member, being placed on a sub-committee, appointed to prepare answers to what- ever letters might be received. In this position his services were of the highest importance.* On the fifth day of September, 1774, Mr. Jay took his seat in the Congress at Philadelphia, as a delegate from New York. He was then in the twenty-ninth year of his age, and probably the youngest member of that body. The first day of the session. Congress appointed a commit- tee " to state the rights of the Colonies ha general, the several instances in which those rights are violated or infringed, and the means most proper to be pursued for obtaining a restoration of them." Mr. Jay was a member of that committee, and soon after was placed on another for preparing an address to the inhabitants of Great Britain, and a memorial to the people of British America. The preparation of the former was assigned to him. To secure himself from interruption, he left his lodgings and shut himself up in a neighboring tavern, and there completed that eloquent state paper which Mr. Jefierson declared to be " a production, cer- tainly, of the finest pen in America," and which elicited the highest applause and admiration, both at home and abroad.t On the return of Mr. Jay from the Congress to New York, he was elected a member of a Oommittee of Observation " for carrying into efiect the measures proposed for interrupting the commerce of Great Britain with her colonies," and shortly after a member of a committee of Association. This committee was invested with general undefined powers, and in the absence of all legal authority, was not unmindful of the interests of the people which had been assigned to its care. They called out the militia, perfected their discipline, and ordered them to patrol the streets by night, to prevent any disobedience to the " people's rules concern- ing exportation." They also addressed a letter to the Lord Mayor and magistrates of London, on the subject of American grievances. This letter bore the signature of Mr. Jay. The Pro- vincial Congress assembled at New York on the twenty-eighth of May, and assuming the pow- ers of government, relieved this committee of its responsibility. The second Congress assembled at Philadelphia, on the tenth of May, 1775, where Mr. Jay attended as a member. The battle of Lexington had occurred a short time previous to the meeting, and it was apparent that the English ministry purposed to use force wherever they should find it necessary to carry out their designs. The defence of New York now attracted the attention of Congress, and application was made by the New York members for advice as to the course proper to be observed by their constituents, in the event of an arrival of British armament at their city. Congress recommended that the people should " not commence hos- tilities, but to repel force by force, and not to permit the British to erect fortifications, or to cut off the communication between the town and country." But it being evident that an organized force would be necessary to carry out even the defensive which had been recommended, Con- gress took measures to raise a militia, and adopted a code of '•^ Rules amd Eegulations of the American Army." On the appointment of the subordinate generals, a few days after Washing- ton was chosen commander-in-chief, Mr. Jay proposed Mi\ Sullivan, then a delegate in Con- gress from New Hampshire, saying " that his good sense was known to the House, and as to his military talents, he would take his chance for them." The nomination was confirmed, and the • This meeting of the citizens of New York, was holden on the 16th of May, 1774 The minutes of the oommittee ap- pointed by them, are still preserved in the library of the New York Historical Socieiy, and form a valuable and interesting document. t Autobiography; in the "Writings of Thomas .Jeffe.-sou. E'l. 185S, vol. 1, page 10. JOHN JAY. 153 discernment which prompted it was abundantly justified by General Sullivan's active and useful career.* About this time Mr. Jay prepared the letter To the oppressed Inhabitmits of Oomoda, and that to the People of Irelavd, both of which evince the deepest classic learning and religious patriotism. In the fall of 1775, he received a commission of "colonel of the second regiment of militia of foot, of the city of New York," which he accepted, but the pressure of his civil duties prevented any active military service, and he remained at his post in Congress. "Some time in the course of this year," says Mr. Jay's biographer, "probably about the month of November, Congress was informed that a foreigner was then in Philadelphia, who was desirous of making to them an important and confidential communication. This intimation having been several times repeated, a committee, consisting of Mr. Jay, Dr. Franklin, and Mr. Jefferson, was ap- pointed to hear what the foreigner had to say. These gentlemen agreed to meet him in one Ox the committee rooms in Carpenter's Hall. At the time appointed they went there, and found »lready arrived an elderly lame gentleman, having the appearance of an old wounded French oflicer. They told him they were authorized to receive his communication; upon which he said that his most Christian majesty had heard with pleasure of the exertions made by the American colonies in defence of their rights and privileges ; that his majesty wished them suc- cess, and would, whenever it should be necessary, manifest more openly his friendly sentiment towards them. The committee requested to know his authority for giving these assurances. He answered only by drawing his hand across his throat, and saying, ' Gentlemen, I shall take care of my head.' They then asked what demonstrations of friendship they might expect from the king of France. ' Gentlemen^' answered the foreigner, 'if you want arms, you shall have them; if you want ammunition, you shall have it; if you want money, you shall have it.' The committee observed that these assurances were indeed important, but again desired to know by what authority they were made. ' Gentlemen,' said he, repeating his former gesture, ' I shall take care of my head 1 ' and this was the only answer they could obtain from him. He was seen in Philadelphia no more. It was the opinion of the committee that he was a secret agent of the French court, directed to give these indirect assurances, but in such a manner that he might be disavowed if necessary. Mr. Jay stated that his communications were not without their effect on the proceedings of this Congress." In April of the next year, while attending in Congress, Mr. Jay was elected a member of the Colonial Convention or Congress of New York, in which assembly he took his seat on the twenty-fifth of May following. Here he remained during the rest of the year, constantly and actively engaged. On the thirty-first of May he reported a series of resolutions, calling on the people to elect deputies to a new convention, with power to establish a form of government. Those resolutions were adopted, when the elections were held, and he was returned to the new convention. On the arrival of Lord Howe and his army, in June, 1776, the convention adjourned to "Wlite Plains, a vUlage about thirty mUes north of New York. Here, on the ninth of July foUowing, the new convention assembled. The same day the Declaration of Independence was announced to that body, and immediately referred to a committee, of which Mr. Jay was chairman. He "almost instanter" reported the subjoined resolution, which was unanimously adopted: "JSe- solved unanimoiuly, That the reasons assigned by the Continental Congress for declaring these United Colonies free and independent States are cogent and conclusive, and that while we lament the cruel necessity which has rendered this measure unavoidable, we approve the same, and will, at the risk of our lives and fortunes, join with the other colonies in supporting it." On the seventeenth of July, Mr. Jay was appointed on a secret committee, for the purpose of obstructing the navigation of the Hudson, and harassing Lord Howe's fleet, a part of which had passed up that river. At this crisis, he displayed the greatest zeal and energy. He was sent by the committee to Connecticut, to obtain a supply of cannon and shot, and transport them to the river, with authority " to impress carriages, teams, sloops, and horses, and to call • Life of Jolin Jay, voL 1, pago 88. 154 JOHN JAY. out detachments of the militia, and generally to do, or cause to be done at his discretion, all such matters and things as he may deem necessary or expedient to forward and complete the business committed to his care." Invested with this authority, he obtained conveyances, and in a short time delivered twenty cannon at West Point. In August, 1776, the convention appointed a committee to prepare and report a constitution for the State. Of this committee Mr. Jay was chairman, and its duty appears to have been as- signed to him. On the twelfth of March, 1777, the committee submitted a plan of government, which, with several amendments, was adopted on the twentieth of April following. A short time before the final question on the constitution was taken, Mr. Jay was called to attend his dying mother, and thei-eby prevented from offering some amendments that he deemed important, and opposing others that had been made during his absence. In a letter written about this time, he expi'esses himself with great freedom on the hurried manner in which the business had been concluded, and pointed out his objections. " Though the birth of the constitution is," says he, " in my opinion premature, I shall, nevertheless, do all in my power to nurse and keep it alive ; being far from approving the Spartan law, which encouraged parents to destroy such of their .children as, perhaps by some cross accident, might come into this world defective and mis- shapen." * New York being now provided with a constitution, Mr. Jay was appointed chief justice of the Supreme Court, and soon after a member of the Council of Safety. On the ninth of Sep- tember, the Supreme Court commenced its first term, and Judge Jay delivered the charge to the Grand Jury. The interest attached to this event was of the highest importance. The govern- ment under which the people had been reared, and which. their habits and education had taught them to venerate and love, had been abolished, and a new one raised, amid the tumult of war, and in the presence of a haughty and victorious enemy. The success of the undertaking was by no means certain. Burgoyne, with a large army, bad penetrated the north, and was approach- ing the Hudson at Albany, while another army was preparing to effect a junction with the first. Under these circumstances, John Jay, " with an unruffled mind and undaunted eye, looked for- ward to the end of his labors, with the full assurance of the righteousness of the cause and the favor of heaven." " It affords me, gentlemen," he said, "very sensible pleasure to congratulate you on the dawn of that free, mild, and equal government which now begins to rise and break from amidst those clouds of anarchy, confusion, and licentiousness, which the arbitrary and violent domination of the king of Great Britain had spread, in greater or less degrees, throughout this and the other American States. And it gives me particular satisfaction to remark, that the first fruits of our excellent constitution appear in a part of this State, whose inhabitants have distinguished them- selves by having unanimously endeavored to deserve them. " This is one of those signal instances in which Divine Providence has made the tyranny of princes instrumental in breaking the chains of their subjects, and rendered the most inhuman designs productive of the best consequences to those against whom they were intended. " The infatuated sovereign of Britain, forgetful that kings were the servants, not the proprie- tors, and ought to be the fathers, not the incendiaries of their people, hath, by destroying our former constitutions, enabled us to erect more eligible systems of government on their ruins ;^ and, by unwarrantable attempts to bind us, in all cases whatever, has reduced ns to the happy necessity of he'mg free from his control in amy. " Whoever compares our present with our former constitution, will find abundant reason to rejoice in the exchange, and readily admit that all the calamities incident to this war, will be amply compensated by the many blessings flowing from this glorious revolution ; a revolution which, in the whole course of its rise and progress, is distinguished by so many marks of the Divine favor and intei-position, that no doubt can remain of its being finally accomplished. " It was begun and has been supported in a manner so singular, and I may say miraculous, that when future ages shall read its history, they will be tempted to consider a great part of i1 * Life of John Jay, vol. 1, page ( JOHN JAY. 158 as fabulous. What, among otlier things, can appear more unworthy of credit, than, that in an enlightened age, in a civilized and Christian country, in a nation so celebrated for humanity, aa well as love of liberty and justice, as the English once justly were, a prince should arise, who, by the influence of corruption alone, should be able to seduce them into a combination to reduce three millions of his most loyal and aflfectionate subjects to absolute slavery, under pretence of a right, appertaining to God alone, of binding them in all cases whatever, not even excepting cases of conscience and religion ? What can appear more improbable, although true, than that this prince, and this people, should obstinately steel their hearts and shut their ears against the most humble petitions and affectionate remonstrances ; and unjustly determine, by violence and force, to execute designs which were reprobated by every principle of humanity, equity, grati- tude, and policy — designs which would have been execrable, if intended against savages and enemies, and yet formed against men descended from the same common ancestors with them- selves ; men who had liberally contributed to their support, and cheerfully fought their battles, even in remote and baleful climates ? WiU it not appear extraordinary that thirteen colonies, the object of their wicked designs, divided by variety of governments and manners, should im- mediately become one people, and though without funds, without magazines, without disciplined troops, in the face of their enemies, unanimously determine to be free ; and, undaunted by the power of Britain, refer their cause to the justice of the Almighty, and resolve to repel force by force ? thereby presenting to the world an illustrious example of magnanimity and virtue scarcely to be paralleled. Will it not be matter of doubt and wonder, that, notwithstanding these difB- culties, they should raise armies, establish funds, carry on commerce, grow rich by the spoils of their enemies, and bid defiance to the armies of Britain, the mercenaries of Germany, and the savages of the wilderness? But, however incredible these things may in future appear, we know them to be true, and we should always remember that the many remarkable and unex- pected means and events, by which our wants have been supplied, and our enemies repelled or restrained, are such strong and striking proofs of the ihterposition of Heaven, that our having been hitherto delivered from the threatened bondage of Britain, ought, like the emancipation of the Jews from Egyptian servitude, to be for ever ascribed to its true cause, and instead of swell- ing our breasts with arrogant ideas of our prowess and importance, kindle in them a flame of gratitude and piety, which may consume all remains of vice and irreligion. " Blessed be God ! the time will now never arrive when the prince of a country, in another quarter of the globe, will command your obedience and hold you in vassalage. His consent has ceased to be necessary to enable you to enact laws essential to your welfare ; nor wiU you, in future, be subject to the imperious sway of rulers, instructed to sacrifice your happiness, when- ever it might be inconsistent with the ambitious views of their royal master.'' After referring to the perfection of the new Constitution, and the general satisfaction it afforded to the people, he continued : " Adequate security is also given to the rights of con- science and private judgment. They are, by nature, subject to no control but that of the Beity, and in that free situation they are now left. Every man is permitted to consider, to adore and to worship his Creator in the manner most agreeable to his conscience. ITo opinions are dictated ; no rules of faith prescribed ; no preference given to one sect to the prejudice of others. The constitution, however, has wisely declared, that the 'liberty of conscience, thereby granted, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.' In a word, the convention, by whom that constitution was formed, were of opinion, that the Gospel of Cheist, like the ark of God, would not fall, though unsupported by the arm of fiesh ; and happy would it be for mankind if that opinion prevailed more generally. " But let it be remembered, that whatever marks of wisdom, experience and patriotism there may be in your constitution, yet, like the beautiful symmetry, the just proportions, and elegant forms of our first parents, before their Maker breathed into them the breath of life, it is yet to be animated, and till then, may indeed excite admiration, but will be of no use — ^from the people it must receive its spirit, and by them be quickened. Let virtue, honor, the love of liberty and of science be, and remain, the soul of this constitution, and it will become the source of great 156 JOHN JAY. ^ and extensive happiness to this and future generations. Vice, ignorance, and want of vi^ance, will be the only enemies able to destroy it. Against these provide, and, of these, be for ever jealous. Every member of the State ought diligently to read and study the constitution of his country, and teach the rising generation to be free. By knowing their lights, they wiH sooner perceive when they are violated, and be the better prepared to defend and assert them. " This, gentlemen, is the first court held under the-^uthority of our constitution, and I hope its proceedings wiH be such, as to merit the approbation of the friends, and avoid giving cause of censure to the enemies of the present establishment." As a judge of the Supreme Court, Mr. Jay was prevented by the Constitution, of the State, from occupying any other ofiice, except that of delegate to Congress on a special occMion. A special occasion was afforded' when the dispute originated between the people of Vermont and the Legislature of New York; and he waa elected on the 10th of November, 1778, In De- cember following, he took his seat in Congress, and, on the resignation of Mr. Laurens, three days after, was elected in his place as President of that body. Here he remained until the twenty-seventh of September, 1779, when he was appointed Minister Plenipotentiary to Spain. On the twentieth of October he sailed, in company with M. Gerard, the French minister, on board the American frigate Confederacy. A few days out, the frigate was dismasted in a ter- rific storm, and with diflaculty reached Martinioo about the middle of December. From this place he sailed ten days after his arrival, and landed at Cadiz on the twenty-eighth of January, 1780. Mr. Jay lost no time in going to Madrid. On his arrival at that place he discovered that the Spanish government were not inclined to enter ■ into negotiations with him ; and that although that government was at war with our common enemy, she was not disposed even to acknowledge our independence, unconditionally.* While in this situation, he learned that Con- gress had resolved upon a singular expedient for raising funds, (on the presumption of the success of his mission,) by drawing on him for the payment of large sums at six months' sight. These bills soon were presented ; and Mr. Jay accepted them ; becoming personally responsible for a greater portion of them.t Mr. Adams was appointed, in 1779, as sole minister plenipotentiary for peace, and at the same time to make a treaty of commerce with Great Britain. In 1781, Mr. Jay, Mr. Franklin, Mr. Laurens, and Mr. Jefferson, were associated with Mr. Adams, by Congress, in the commis- sion for peace, and Mr. Adams' commission to negotiate a treaty of commerce was annulled. Early in the summer of 1782, having been informed of his appointment as commissioner, Mr. Jay left Madrid and arrived at Paris. Dr. Franklin was the only member of the commission at Paris on his arrival. Mr. Adams stiU remained at Amsterdam, Mr. Jeiferson in America, and Mr. Laurens was in England, worn down with ill-health, debating whether he had not better return to the United States rather than proceed to Paris. Mr. Jay and Dr. Franklin, therefore, undertook the " skirmishing " business of the negotiation. In July, Mr. Richard Oswald was empowered by the King of England " to treat, consult of, and conclude, with any commissioner or commissioners named, or to be named by the thirteen colonies or plantations in North America, and any body or bodies, corporate or politic, or any assembly or assemblies, or description of men, or any person or persons whatsoever, a peace oi truce with the said colonies or plantations, or any part thereof." On the seventh of August, this commission was communicated to Mr. Jay and Dr. Franklin ; the former thought that the expression of the commission did not acknowledge the independence of the United States, and insisted that it would be an acquiescence in that)idea, if they should treat nnder the denomina- tion of colonies. " I told the mdnister," he says, *' that we neither could nor would treat with any nation in the world on any other than an eqnal footing." | This difficulty being obviated by the reception of a new commission, from England, describing the constituents of Mr. Jaj * Life of John Jay, vol. 1, page 106, et seq. + Flauder'8 Lives of the Chief Justicee. First series, pp. 276-528. % Letter to Q-ouverneur Morris, October 13th, 1782. Jay's Writings. JOHN JAY. 157 and Dr. Franklin, as the Thirteen United States of America ; the negotiation commenced, and, on the thirtieth of November, 1782; the proyiBional articles agreed upon were signed by Oswald on the one part and the four American commissioners on the other, Mr. Adams and Mr. Laurens having arrived at Paris pending the negotiation. The value of Mr. Jay's services in this im- portant transaction cannot be overestimated. On the sixteenth of May, 1784, Mr. Jay left Paris, and on the twenty-fourth of July, arrived at New York. " At length," he said in a letter to a friend, " I am arrived in the land of my nativity ; and I bless ftod that it is also the land of light, liberty, and plenty. My emotions cannot be described." * His fellow-citizens received him on his return with expressions of admiration and esteem. The corporation of New York presented to him an address accom- panied with the freedom of the city, " as a public testimony of the respectful sentiments we entertain towards you, and as a pledge of our affection, and of our sincere wishes for your ' happiness." On the meeting of the State Legislature in the fall, they appointed Mr. Jay a delegate to Congress, and on the sixth of December he took his seat in that assembly, which was convened at Trenton. A short time after, he accepted the position as Secretary of Foreign Affairs, to which place he had been appointed previous to his return to America. The prominent feature of this portion of his course was the renewal of negotiations with Spain, and the forma- tion of the federal constitution. After the convention at Philadelphia had submitted the con- stitution to the people, a strong and violent opposition manifested itself. In this state of the public mind, Mr. Jay, associated with Hamilton and Madison, vindicated the proposed plan ot government, in the essays entitled TTie Federalist, " equally admirable for the depth of its wisdom, the comprehensiveness of its views, the sagacity of its reflections, and the fearlessness, patriotism, candor, simplicity and elegance with which its truths are uttered and recommended." t In these papers, he discussed the dangers to be apprehended from foreign influence and power, and the authority of the Senate in making treaties. In June, the convention of the State of New York, authorized to adopt or reject the federal constitution, met at Poughkeepsie. Of this convention Mr. Jay was a member, and the services he rendered were signal and important. The new Congress assembled on the fourth of March, 1789, and a few days after, Washington was elected President of the United States. After the passage of the Judiciary Bill, Mr. Jay was offered, by the President, a choice of the offices under the government. Expressing a preference for the Chief Justiceship, he was nominated, and on the twenty-sixth of September, 1789, was confirmed by the Senate. "In nominating you for the important station which you now fiU," wrote President Washington, " I not only acted in conformity to my best judgment, but I trust I did a grateful thing to the good citizens of the United States; and I have- a fuU confidence, that the love which you bear to our country, and a desire to promote the general happiness, wiU not suffer you to hesitate a moment to bring into action the talents, knowledge and integrity which are so necessary to be exercised at the head of that department, which must be considered as the keystone of our political fabric." | Mr. Jay's decisions, while he remained on the bench, evince a power of analysis, gi-eat" logical acquirements, and a ready apprehension of principles. § The next important service rendered by Mr. Jay, was the negotiation of the treaty with Great Britain, in 1794. He was appointed commissioner, and sailed from New York in May, and on the fifteenth of June arrived at London. Lord Grenville, a son of the celebrated George Grenville, was the negotiator on the part of Great Britain. The negotiation progressed favorably, as will be seen by the following, written by Mr. Jay to Washington, early in August : " Our prospects become more and more promising as we advance in the business .... A treaty of commerce is on the carpet .... The King observed to me the other day, ' Well, sir, I imagine you begin to see that your mission will probably be successful.' — ' I am happy, may it please * Life of John Jay, vol. 1, page 188. + Kent's CommentarieB. The particular numbers of The Federalist, written by Mr. Jay, are given at page 126, ante. X Washington to Jay, enclosing the latter's commission, fith October, 1789. Washington's Writings, voL 10, page 86. ji Flander's Chief Justices, jiage 335. 158 JOHN JAY. your Majesty, to find that you entertain that idea.' — ' Well, but don't you perceive that it is like to be so?' — ' There are some recent circumstances (the answer to my representation, &c.) which induce me to ilatter myself that it will be so.' He nodded with a smile, signifying that it was to those circumstances that he alluded. The conversation then turned to indifferent topics."* The treaty was' concluded on the nineteenth of November, 1794, and Mr. Jay returned to New York in the latter part of May of the next year. He was received by his fellow-citizens with demonstrations of gratitude and joy, and was attended to his dwelling by a large concourse, " amid the ringing of bells and the firing of cannon." To many. Jay's treaty was objectionable : by those it was opposed with uncommon bitter- ness, t But it enlisted the ablest defenders : Hamilton, in its support, under the signature of Camillus, " extorted the admiration of his foes ;" and Fisher Ames urged the passage of laws to give it effect, in a powerful speech, which drew forth tears, and made an impression that " will never be forgotten.'' J Mr. Jay was elected governor of New York two days before he arrived from England, and continued in office during six years. In the fall of the year 1800, he was solicited to consent to be a candidate for re-election, but declined, preferring to pass the remainder of his days in the retirement of his home. " The period is now arrived," he wrote, " at which I have for many years intended to retire from the cares of public life, and for which I have been for more than two years preparing ; not perceiving, after mature consideration, that any duties require me to postpone it, I shall retire accordingly. But I retain and cherish the warmest affection for my country, as well as the esteem which I entertain for many, and the good will which I bear to all my fellow-citizens." § On the nineteenth of December, he was nominated by President Adams to the Chief Jus- ticeship of the United States, but his determination to retire from public life prevented his ac- ceptance of that post. In the month of May following, he resigned the office of governor, " and passed the remainder of his days at the family estate at Westchester. He took no part in po- litical affairs, and was not publicly heard of, except in two or three instances, when he answered inquiries concerning facts within his knowledge." || In the night of the fourteenth of May, 1829, he was attacked with palsy, which, on the seventeenth, terminated his honorable and dis- tinguished life. " History will assign to John Jay an elevated rank among the great," says Mr. Sullivan; "not only so, it will place him equally high among the pure and the virtuous. Throughout his useful life, he was governed by the dictates of an enlightened Christian con- science. He thought and acted under the conviction that there is an accountability far more serious than any which men can have to their fellow-men. The bravest soldiers and the wor- thiest statesmen have ever been those who believed in such accountability." * Jay to Washington, August 5tli, 1T94. Life and Writings of Jay, vol. 2, pp. 220-221. + See page 108, ante. X See Ames' speech at page 104, ante. § Jay to Richard Hatfield, chairman of Federal meeting, &c., 8th November, 1800. Life and Writings (tf Joha Jay, vol 1, page 419. I Sullivan's Public Men of the Kevolution, page 91. ' ADDRESS TO THE PEOPLE OF GREAT BRITAIN. isa ADDEESS TO THE PEOPLE OF GREAT BRITAIN. Congress, on the eleventh day of October, 1774, appointed Mr. Lee, Mr. Livingston and Mr. Jay a committee to prepare a memorial to the people of British America, and an address to the people of Great Britain. It was agreed in the committee that Mr. Lee should prepare the former, and that Mr. Jay should prepare the latter. On the eighteenth, Mr. Jay report- ed a draught of the address, which was dis- cussed and amended on the day following, and on the twenty -first was approved by Congress.* Feiends and Fellow-Stjbjeots : When a na- tion led to greatness by the hand of liberty, and possessed of all the glory that heroism, munificence, and humanity can bestow, de- scends to the ungrateful task of forging chains for her friends and children, and instead of giving support to freedom, turns advocate for slavery and oppression, there is reason to sus- pect she has either ceased to be virtuous or been extremely negligent in the appointment of her rulers. In almost every age, in repeated conflicts in long and bloody wars, as well civil as foreign, against many and powerful nations, against the open assaults of enemies, and the more danger- ous treachery of friends, have the inhabitants of your island, your great and glorious ances- tors, maintained their independence and trans- mitted the rights of men and the blessings of liberty to you, their posterity. Be not surprised, therefore, that we who are descended from the same common ancestors, that we whose forefathers participated in all the rights, the liberties, and the constitution you so justly boast of, and who have carefully conveyed the same fair inheritance to us, guar- anteed by the plighted faith of government, and the most solemn compacts with British sovereigns, should refuse to surrender them to men who found their claims on no principles of reason, and who prosecute them with a design that, by having our lives and property in their power, they may, with the greatest facility, en- slave you. The cause of America is now the object of universal attention ; it has at length become very serious. This unhappy country has not only been oppressed, but abused and misrepre- sented ; and the duty we owe to ourselves and posterity, to your interest, and the general wel- fare of the British empire, leads us to address you on this very important subject. Snow, then, That we consider ourselves, and do insist, that we are and ought to be as free * Journals of Congresa, ITU. Ed. 1828. Tol. 1, pp. 18-31. Bee ante, p. 48 ; also Jay's letter, in the Life of K. H. Loe. Vol. 1, pp. 2T0-272. as our fellow-subjects in Britain, and that no power on earth has a right to take our property from us without our consent. That we claim all the benefits secured to the subject by the English constitution, and par- ticularly that inestimable one of trial by jury. That we hold it essential to English liberty that no man be condemned unheard, or punish- ed for supposed offences, without having an op- portunity of making his defence. That we think the legislature of Great Britain is not authorized by the constitution to estab- lish a rehgion fraught with sanguinary and im- pious tenets ; or to erect an arbitrary form of government in any quarter of the globe. These rights we, as well as you, deem sacred ; and yet, sacred as they are, they have, with many others, been repeatedly and fiagrantly violated. Are not the proprietors of the soil of Great Britain lords of their own property ? Can it be taken from them without their consent? WUl they yield it to the arbitrary disposal of any man or number of men whatever ? Yon know they will not. Why, then, are the proprietors of the soil of America less lords of their property than you are of yours ? or why should they submit it to the disposal of your Parliament, or any other parliament or council in the world, not of their election ? Can the intervention of the sea that divides us cause disparity in rights, or can any reason be given why English subjects who live three thousand miles from the Royal Palace, should enjoy less liberty than those who are three hundred miles distant from it? Reason looks with indignation on such dis- tinctions, and freemen can never perceive their propriety. And yet, however chimerical and unjust such discriminations are, the Parliament assert that they have a right to bind us, in all cases, without exception, whether we consent or not ; that they may take and use our prop- erty when and in what manner they please ; that we are pensioners on their bounty for all that we possess, and can hold it no longer than they vouchsafe to permit. Such declarations we consider as heresies in English politics, and which can no more operate to deprive us of our property than the interdicts of the Pope can divest kings of sceptres which the laws of the land and the voice of the people have placed in their hands. At the conclusion of the late war — a war rendered glorious by the abilities and integrity of a minister to whose eflforts the British em- pire owes its safety and its fame ; at the conclu- sion of this war, which was succeeded by an inglorious peace, formed under the auspices of a minister of principles, and of a family, un friendly to the Protestant cause, and inimical to liberty — we say at this period, and under the influence of that man, a plan for enslaving 160 JOHN JAY. your fellow-subjects in America was concerted, and has ever since been pertinaciously carrying into execution. Prior to this era you were content with draw- ing from us the wealth produced by our com- merce : you restrained your trade in every way that could conduce to your emolument. You exercised unbounded sovereignty over the sea. You named the ports and nations to which alone our merchandise should he carried, and with whom alone we should trade ; and though some of these restrictions were grievous, we nevertheless did not complain. We looked up to you as to our parent state, to which we were bound by the strongest ties, and were happy in being instrumental to your prosperity and your grandeur. We call upon you, yourselves, to witness our loyalty and attachment to the common interest of the whole empire. Did we not, in the last war, add all the strength of this vast continent to the force which repelled our common ene- my? Did we not leave our native shores and meet disease and death to promote the success of British arms in foreign climates ? Did you not thank ns for our zeal, and even reim'burse us large sums of money, which you confessed we had advanced beyond our proportion, and far beyond our abilities ? You did. To what causes, then, are we to attribute the sudden change of treatment, and that system of slavery, which was prepared for us at the re- storation of peace ? Before we had recovered from the distresses which ever attend war, an attempt was made to drain this country of all its money, by the oppressive stamp act. Paint, glass, and other commodities, which you would not permit us to purchase of other nations, were taxed; nay, although no wine is made in any country, sub- ject to the British state, you prohibited our procuring it of foreigners without paying a tax, imposed by your Parliament, on all we im- ported. These, and many other impositions, were laid upon us, most unjustly and unconsti- tutionally, for the express purpose of raising a revenue. • ' In order to silence complaint, it was indeed provided that this revenue should be expended in America for its protection and de- fence. These exactions, however, can receive no justification from a pretended necessity of protecting and defending us. They are lavishly squandered on court favorites and ministerial dependants, generally avowed enemies to America, and employing themselves by partial , representations to traduce and embroil the colo- nies. For the necessary support of government here, we ever were and ever shall be ready to provide. And whenever the exigencies of the state may require it, we shall, as we have here- tofore done, cheerfully contribute onr fall pro- portion of men and money. To enforce this unconstitutional and unjust scheme of taxation, every fence that the wisdom of our British an- cestors had carefully erected against arbitrary power, has been violently thrown down in America, and the inestimable right of trial bj jury taken away, in cases that touch both life and property. It was ordained that whenever offences should be committed in the colonies against particular acts, imposing various duties and restrictions upon trade, the prosecutor might bring his action for the penalties in the Courts of Admiralty, by which means the sub- ject lost the advantage of being tried by an honest, uninfluenced jury of the vicinage, and was subjected to the sad necessity of being judged by a single man, a creature of the crown, and according to the course of a law which exempts the prosecutor from the trouble of proving his accusation,' and obliges the de- fendant either to evince his innocence or to suffer. To give this new judicatory the greater importance, and as if with design to protect false accusers, it is further provided, that the judge's certificate of there having been proba- ble causes of seizure and prosecution, shall pro- tect the prosecutor from actions at common law for recovery of damages. By the course of our law, offences committed in such of the British dominions in which courts are established, and justice duly and regularly administered, shall be there tried by a jury of the vicinage. There the offenders and the witnesses are known, and the degree of credibility to be given to their testimony can be ascertained. In all these colonies justice is regularly and impartially administered ; and yet, by the con- struction of some, and the direction of other acts of Parliament, offenders are to be taken by force, together with aU such persons as may be pointed out as witnesses, and carried to Eng- land, there to be tried in a distant land, by a jury of strangers, and subject to all the disad- vantages that result from the want of friends, want of witnesses, and want of money. When the design of raising a revenue fi-om the duties imposed on the importation of tea into America, had in great measure been ren- dered abortive by our ceasing to import that commodity, a scheme was concerted by the ministry with the East India Company, and an act passed, enabling and encouraging them to transport and vend it in the colonies. Aware of the danger of giving success to this insidious manoeuvre, and of permitting a precedent of taxation thus to be established among us, va- rious methods were adopted to elude the stroke. The people of Boston, then ruled by a governor whom, as well as his 'predecessor, Sir Francis Bernard, all America considers as her enemy, were exceedingly embarrassed. The ships which had arrived with the tea were, by his management, prevented from returning. The duties would have been paid-; the cargoes landed aud exposed to sale; a governor's influ- ence would have procured and protected many purchasers. While the town -nag suspended by deliberations on this important subject the tea was destroyed. Even supposing a trespass was thereby committed, and the proprietors ot ADDRESS TO THE PEOPLE OF GREAT BRITAIN. 161 the tea entitled to damages,, the courts of law were open, and judges, appointed by the crown, presided in them. The East India Company, however, did not think proper to commence any suits, nor did they even demand satisfac- tion, either from individuals or from the com- munity in general. The ministry, it seems, ofiSciously made the case their own, and the great council of the nation descended to inter- meddle with a dispute aboi^t private property. Divers papers, letters, and other unauthenticat- ed ex parte evidence, were laid before them. Neither the persons who destroyed the tea, nor the people of Boston, were called upon to an- swer the complaint. The ministry, incensed by being disappointed in a favorite scheme, were determined to recur from the little arts of fi- nesse to open force and unmanly violence. The port of Boston was blocked up by a fleet, and - an army placed in the town. Their trade was to be suspended, and thousands reduced to the necessity of gaining subsistence from charity, till they should submit to pass under the yoke and consent to become slaves, by confessing the omnipotence of Pai-liament, and acquiescing in whatever disposition they might think proper to make of their lives and property. Let justice and humanity cease to be the boast of your nation! Consult your history; examine your records of former transactions ; nay, turn to the annals of the many arbitrary states and kingdoms that surround you, and show us a single instance of men being con- demned to suffer for imputed crimes, unheard, unquestioned, and without even the specious formality of a trial ; and that, too, by laws made expressly for the purpose, and which had no existence at the time of the fact committed. If it be difficult to reconcile these proceedings to the genius and temper of your laws and con- stitution, the task will become more arduous when we call upon our ministerial enemies to justify, not only condemning men untried and by hearsay, but involving the innocent in one common punishment with the guilty, and for the act of thirty or forty to bring poverty, dis- tress, and calamity on thirty thousand souls, and those not your enemies, but your friends, brethren, and fellow-subjects. It would be some consolation to us if the catalogue of American oppressions ended here. It gives us pain to be reduced to the necessity ■ i of reminding you, that under the confidence re- posed in the faith of government, pledged in a i royal charter from a British sovereign, the fore- I fathers of the present inhabitants of the Massa- 5 chusetts Bay left their former habitations, and ' sstablished that great, flourishing, and loyal solony. "Without incurring or being charged , with a forfeiture of their rights, without being heard, without being tried, without law and without justice, by an act of Parliament their charter is destroyed, their liberties violated, their constitution and form of government changed : and all this upon no better pretence than because in one of their towns a trespass 11 was committed on some merchandise, said to belong to one of the companies, and because the ministry were of opinion that such high political regulations were necessary to compel due subordination and obedience to their man- dates. Nor are these the only capital grievances under which we labor. We might tell of dis- solute, weak and wicked governors having been set over us ; of legislatures being suspended for asserting the rights of British subjects; of needy *nd ignorant dependents on great men advanced to the seats of justice, and to other places of trust and importance; of hard restric- tions on commerce, and a great variety of lesser evils, the recollection of which is almost lost under the weight and pressure of greater and more poignant calamities. Now mark the progression of the ministerial plan for enslaving us. Well aware that such hardy attempts to take our property from us ; to deprive us of that valuable right of trial by jury; to seize our persons, and carry us for trial to Great Britain; to blockade our ports ; to destroy our charters and change our forms of government; would occasion, and had already occasioned, great discontent in the colonies, which might pro- duce opposition to these measures, an act was passed to protect, indemnify, and screen from punishment, such as "might be guilty even of murder, in endeavoring to carry their oppres- sive edicts into execution ; and by another act, the dominion of Canada is to be so extended, modelled and governed, as that, by being dis- united from us, detached from our interests, by civil as well as religious prejudices; that by their numbers daily swelling with Catholic emigrants from Europe, and by their devotion , to an administration so friendly to their reli- gion, they might become formidable to us, and on occasion be fit instruments, in the hands of power, to reduce the ancient free Protestant colonies to the same state of slavery with them- selves. This was evidently the object of the act; and in this view, being extremely dangerous to our liberty and quiet, we cannot forbear complain- ing of it, as hostile to British America. Super- added to these considerations, we cannot help deploring the unhappy condition to which it has reduced the many English settlers who, encouraged by the royal proclamation, promis- ing the enjoyment of all their rights, have pur- chased estates in that country. They are now the subjects of an arbitrary government, de- prived of trial by jury, and when imprisoned, cannot claim the benefit of the habeas corpus act — that great bulwark and palladium of Eng- lish liberty. Nor can we suppress our astonish- ment, that a British Parliament should ever consent to establish in that country, a religion that has deluged your island in blood, and dispersed impiety, bigotry, persecution, mur- der and rebellion through every part of the world. 162 JOHN" JAY. This being a true state of facts, let tis beseech you to consider to what end they may lead. Admit that the ministry, by the powers of Britain and the aid of our Roman Catholic neighbors, should be able to carry the point of taxation, and reduce us to a state of perfect humiliation and slavery: such an enterprise would doubtless make some addition to your national debt, which already presses down your liberties, and fills you with pensioners and placemen. We presume, also, that your com- merce will somewhat be diminished. However, suppose you should prove victorious, in what condition will you then be ? What advantages or laurels will you reap from such a conquest? May not a ministry, with the same armies enslave you ? It may be said, you will cease to pay them — but remember the taxes from America, the wealth, and we may add the men, and particularly the Roman Catholics of this vast continent, will then be in the power of your enemies ; nor will you have any reason to expect that after making slaves of us, many among us should refuse to assist in reducing you to the same abject state. Do not treat this as chimerical. Know that in less than half a century, the quit rents re- served to the Crown, from the numberless grants of this vast continent, will pour large streams of wealth into the royal coffers, and if to this be added the power of taxing America at pleasure, the Crown will be rendered inde- pendent of you for supplies, and wiU possess more treasure than may be necessary to purchase the remains of liberty in your island. In a word, take care that you do not fall into the pit that is preparing for us. ' We believe there is yet much virtue, much justice, and much public spirit in the English nation. To that justice we now appeal. You have been told that we are seditious, impatient of government, and desirous of independency. Be assured that these are not facts, but calum- nies. Permit us to be as free as yourselves, and we shall ever esteem a union with you, to be our greatest glory, and our greatest happi- ness ; we shall ever be ready to contribute all in our power to the welfare of the empire ; we shall consider your enemies as our enemies, and your interest as our own. But, if you are determined that your minis- ters shall wantonly sport with the rights of mankind — ^if neither the voice of justice, the dictates of the law, the principles of the Con- stitution, or the suggestions of humanity, can restrain your hands from shedding human blood, in such an impious cause, we must then tell you, that we will never submit to be hew- ers of wood or drawers of water, for any~ ministry, or nation in the world. Place us in the same situation that we were in, at the close of the last war, and our former harmony will be restored. But lest the same supineness, and the same inat- tention to our common interest, which you have for several years shown, should continue, we think it prudent to anticipate the consequences. By the destruction of the trade of Boston, the ministry have endeavored to induce sub- mission to their measures. The like fate may befall us all. We will endeavor, therefore, to live without trade, and recur for subsistence to the fertility and bounty of our native soil, which will afford us all the necessaries, and some of the conveniences of life. We have suspended our importation from Great Britain and Ireland ; and, in less than a year's time, unless our grievances should be redressed, shall discontinue our exports to those kingdoms, and the West Indies. It is with the utmost regret, however, that we find ourselves compelled, by the overruling principles of self-preservation, to adopt mea- sures detrimental in their consequences, to numbers of our fellow-subjects in Great Britain and Ireland. But, we hope, that the magna- nimity and justice of the British nation wiU furnish a Parliament of such wisdom, inde- pendence, and public spirit, as may save the violated rights of the whole empire, from the devices of wicked ministers and evil counsel- lors, whether in or out of ofiice ; and thereby restore that harmony, friendship, and fraternal aflfection between all the inhabitants of hia Majesty's kingdoms and territories, so ardently wished for by every true and honest American. EDMUND RANDOLPH. Thomas Randolph, the poet and cotemporary of Ben Jonson, and who, before " death put a stop to his rising genius and fame," had gained a sterling reputation among the wits of his age, was the great-uncle of Sir John, the grandfather of Edmund Randolph. The family were MgJi Loialists, in the civil wars, and being entirely broken and dispersed. Sir John's father* de- termined, as many other Cavaliers did, to try his fortune in the Western world. From his earliest chUdhood, Sir John evinced a great propensity to letters ; to improve which he was first put under the care of a Protestant clergyman, who came over among the French Refugees. But afterwards he received a more complete education at WDliam and Mary College, in Virginia. He finished his studies in the law, in Gray's Inn and the Temple ; and having put on his Barris- ter's gown, returned to his native country, where, from his first appearance at the bar, he was ranked among the practitioners of the first figure and distinction. At the time of the disputes in New York relative to the establishment of a new Court of Exchequer, Sir' John expressed his sentiments upon the subject, which were clear and forcible, and now form a part of tho judicial history of that State.t In the autumn of 1731, he went to England and "presented to his Majesty a state of the colony of Virginia, drawn up with great accuracy, which his Majesty was pleased to receive very graciously, and to confer the honor of knighthood on the said gen- tleman." I After his return to Virginia, he was elected Speaker of the House of Burgesses, and oa the twenty-eighth of August, 1T34, delivered his inaugural before that body. "If I shall endeavor," he said, " to make the established rules of our proceedings subservient to my own fancies and humors, or interests ; or shall bring into this chair a restlessness and impatience about points that may be carried against my sentiments, or shall pretend to any authority of swaying any member in his opinion ; I say, then I shall deserve to have no influence upon your proceedings, but do not doubt, nay, I hope, you will mortify me with the utmost of your con- tempt for the inconsistence of my theory and practice. And if I shall happen to succeed better, I will pretend to no other praise but that of not having deceived the expectations of so many worthy gentlemen who have continued to heap upon me such a series of favors, which, so long as I retain the memory of any thing, I must look upon as the chief foundation of the credit and reputation of my life." § In March, 1737, Sir John Randolph died at the age of forty-four years, and was interred in the chapel of William and Mary College. According with his directions, he was borne to the place of interment " by six honest, industrious, poor housekeepers of Bruton parish, who were * This was "William Eandolph, of Turkey Island, in Virginia. Little is known of him. Tradition says that he came over from Yorkshire poor, and made his living by building barns, and by his industry acquired large possessions of land. t Sir John's letter on this subject, is published in the appendix of Smith's History of New York. Ed. 1830. VoL 1, page 874. New York Historical Society's Collections. t Bradford's American "Weekly Mercury, Jan. 80th — Feb. 6th, 1782-8. The editor of this paper, after noticing these facts, concludes: "The public is impatient to see the contents of those papers, which art' sairl to be designed for public good." S A full report of this speech is published in the American "Weekly Mercury, Sept, 19-20, .7^4. 164 EDMUND RANDOLPH. to have twenty pounds divided among them, and attended by a numerous assembly of gentle- men and others, who paid the last honors to him with great solemnity, decency and respect."* Edmund Randolph was born on the tenth of August, 1753. His father early adhered to the cause of Great Britain, joined the fortunes of Lord Dunmore, and finally disinherited his soc for refusing to follow in the same oourse.t Of the youth and early education of Edmund Ran dolph we have no particulars. At the age of twenty-two years, in August, 1775, he joined the American army at Cambridge, and was taken into the military family of General Washington as an aid-de-oamp. He remained here but a short time, being recalled to Virginia in the fol- lowing November, by the death of his uncle, Peyton Randolph. In 1776 he was delegated to the Virginia Convention as the alternate of George Wythe, and before the termination of the year was elected Mayor of Williamsburg, the city he represented in the Convention. Subee- juently he was appointed Attorney-General of the State of Virginia, under the new constitu- tion, and at a future session of the House of Delegates he was elected its clerk. In the practice of his profession, which was the law, his success was eminent and extraor- dinary. Clients filled his office, and beset him on his way from the ofBce to the court-house, "with their papers in one hand and their guineas in the other." | He was a member of the Continental Congress from 1779 until 1782, and in 1786 was elected Governor of Virginia, suc- ceeding in that office Patrick Henry. The same year he was chosen a delegate to the Annapo- lis Convention, and subsequently to the Convention which met at Philadelphia in 1787, to revise the articles of confederation. His career in that assembly was marked and effective.! H^ af- terward was a member of the Virginia Convention, summoned to ratify the Federal Constitu- tion. President Washington appointed him the first Attorney-General under the federal system, and in 1795 he was elevated to the office of Secretary of State, as successor of Mr. Jefiferson. He remained in this position but a short time, resuming the practice of the law at Richmond in the autumn of the following year. At the celebrated trial of Aaron Burr, on the charge of treason, in May, 1807, Mr. Randolph was associated with Luther Martin and other distinguished lawyers, in the defence of that unfortunate man. He died on the twelfth of September, 1813, in Frederic (now Page) county, Virginia, in the sixtieth year of his age, leaving an extremely valuable manuscript history of Virginia, in which he occupies a prominent position. This never appeared in print, and finally was destroyed. || * Obituary notice of Sir John Eandolph, published in the Virginia Gazette, of March 11th, 1787, and reproduced in the Virginia Historical Eegister, Vol. 4, page 138. t John Randolph, the father of Edmund, was attorney-general of Virginia, unt'er the royal government. He was a brother of Peyton Eandolph, president of the Continental Congress. i Virginia Convention of 1776, by Hugh Blair Grigsby, page 76, et seq. § A s chief magistrate of Virginia, it became the duty of Mr. Eandolph to secure the attendance of Washington upon the Federal Convention. This matter he managed with great tact and delicacy ; and, by the aid of other friends, he succeeded in overcoming the scruples of the illustrious patriot, then reposing in the retirement of Mount Vernon. Governor Eandolph's conduct with regard to the constitution might seem to be marked by inconsistency, if we were not able to explain it by the motive of disinterested patriotism from which he evidently acted. He brought to the convention the most serious appre- hensions for the fate of the Union, But he thought that the dangers with which it was surrounded might be averted, by correcting and enlarging the Articles of Confederation, When, at length, the government, which was actually framed, was found to be a system containing far greater restraints upon the powers of the States than he believed to be either expedient or safe, he endeavored to procure a vote authorizing amendments to be submitted by the State conventions, and to be finally decided on by another general convention. This proposition was rejected, and he declined to sign the constitution desiring to be free to oppose or advocate its adoption, when it fehould come before his own State, as his judgment might dictate. — OurUs^s Eistory of the ComUtvMon^ Vol. 1, page 481 : Mad/ison Papers. i While Mr, Wirt was preparing his eloquent Life of Patrick Henry, he. saw and consulted this manuscript. Some years after, it was destroyed by a Are at New Orleans, while in the possession of a grandson of Edmund Eandolph —Prefact af WirVa Patrick Henry, page 11, Grigsiy'a Virginia Oon/oention 0/1776, page 78, THE FEDERAL CONSTITUTION, 165 THE FEDERAL CONSTITUTION. Mr. Randolph delivered the following speech in the Convention of Virginia, on the sixth of June, 1788 — ^the first and second sections of the first article of the Constitution being under consideration.* Mk. Chairman : I am a ohUd of the Revolu- tion. My country, very early indeed, took me under her protection at a time when I most wanted it ; and by a succession of favors and honors, prevented even my most ardent wishes. I feel the highest gratitude and attachment to my country ; her felicity is the most fervent prayer of my heart. Conscious of having ex- erted my faculties to the utmost in her behalf, if I have not succeeded in securing the esteem of my countrymen, I shall reap abundant con- solation from the rectitude of my intentions • honors, when compared to the satisfaction ac- cruing from a conscious independence and rec- titude of conduct, are no equivalent. The un- wearied study of my life, shall be to promote her happiness. As a citizen, ambition and popularity are no objects with me. I expect, in the course of a year, to retire to that private station which I most sincerely and cordially prefer to all others.t The security of public ' justice, sir, is what I most fervently wish — as I consider that object to be the primary step to _the attainment of public happiness. I can de- clare to the whole world, that in the part I take in this very important question, I am actu- ated by a regard for what I conceive to he our true interest. I can also, with equal sincerity, declare that I would join heart and hand in re- jecting this system, did I conceive it would pro- mote our happiness : but having a strong con- viction on my mind, at this time, that, by a disunion, we shall throw away all those bless- ings we have so earnestly fought for, and that a rejection of the constitution will operate dis- union — pardon me if I discharge the obligation I owe to my country by voting for its adoption. "We are told that the report of dangers is false. The cry of peace, sir, is false : say peace, when there is peace : it is but a sudden calm. The tempest growls over you — ^look around— where- soever you look, you see danger. When there are so many witnesses, in many parts of Amer- ica, that justice is suffocated, shall peace and happiness still be said to reign ? Candor, sir, requires an undisguised representation of our situation. Candor, sir, demands a faithful ex- position of facts. Many citizens have found justice strangled and trampled under foot, through the course of jurisprudence in this country. Are those who have debts due them, satisfied with your government? Are not cred- • Ante, pp. 13-164. t Mr. Randolph waa at this time Governor of Virginia. itors wearied with the tedious procrastination of your legal process — a process obscured by legislative mists ? Cast your eyes to your sea- ports, see how commerce languishes : this coun- try, so blessed by nature with every advantage that can render commerce profitable, through defective legislation, is deprived of all the ben- efits and emoluments she might otherwise reap from it. "We liear many complaints on the sub- ject of located lands — a variety of competitors claiming the same lands under legislative acts — public faith prostrated, and private confidence destroyed. I ask you if your laws are reve- renced? In every well regulated community, the laws command respect. Are yours entitled to reverence ? We not only see violations ot the constitution, but of national principles in repeated instances. How is the fact? The history of the violations of the constitution ex- tends from the year 1776, to this present time — violations made by formal acts of the legisla- ture ; every thing has been drawn within the legislative vortex. There is one example of this violation in Virginia, of a most striking and shocking nature ; an example so horrid, that if I conceived my country would passively permit a repetition of it, dear as it is to me, I would seek means of expatriating myself from it. A man, who was then a citizen, was deprived of his life, thus : from a mere reliance on general reports, a gentleman in the House of Delegates informed the House, that a certain man (Josiah Phillips) had committed several crimes, and was running at large, perpetrating other crimes ; he therefore moved for leave to at- taint him. He obtained that leave instantly. No sooner did he obtain it, than he drew from his pocket a bill already 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 at- tainted very speedily and precipitately, with- out any proof better than vague reports! Without being confronted with his accusers , and witnesses ; without the privilege of calling for evidence in his behalf, he was sentenced to death, and was afterwards actually executed.' Was this arbitrary deprivation of life, the dearest gift of God to man, consistent with the genius of a republican government? Is this compatible with the spirit of freedom ? This, sir, has made the deepest impression on my heart, and I cannot contemplate it without horror. There are still a multiplicity of complaints of the debility of the laws. Justice, in many Instances, is so unattainable, that commerce may, in fact, be said to be stopped entirely. There is no peace, sir, in this land : can peace * Mr. Wirt has satis&ctorilf shown that this statement ig founded in error. Life of Patrick Henry, page 291, et seq. L66 EDMUND RANDOLPH. exist with injustice, licentiousness, insecurity and oppression? These considerations, inde- pendent of many others which I have not yet enumerated, would be a sufficient reason for the adoption of this constitution, because it se- cures the liberty of the citizen, his person and property, and will invigorate and restore com- merce and industry. An additional reason to induce us to adopt it is that excessive licentiousness which has re- sulted from the relaxation of our laws, and which will be checked by this government. Let us judge from the fate of more ancient na- tions. Licentiousness has produced tyranny among many of them. It has contributed as much (if not more) as any other cause whatso- ever, to the loss of their liberties. I have re- spect for the integrity of our legislators ; I be- lieve them to be virtuous : but as long as the defects of the constitution exist, so long will laws be imperfect. The honorable gentleman went on further, and said that the accession of eight States is not a reason for our adoption. Many other things have been alleged out of or- der; instead of discussing the system regularly, a variety of points are promiscuously debated, in order to make temporary impressions on the members. Sir, were I convinced of the validity of their arguments, I Would join them heart and hand. Were I convinced that the acces- sion of eight States did not render our acces- sion also necessary to preserve the Union, I would not accede to it till it should be pre- viously amended; but, sir, I am convinced that the Union will be lost by our rejection. Mas- sachusetts has adopted it ; she has recommend- ed subsequent amendments ; her influence must be very considerable to obtain them : I trust my countrymen have sufficient wisdom and vir- tue to entitle them to equal respect. Is it urged, that being wiser, we ought to prescribe amendments to the other States ? I have considered this subject deliberately; wea- ried myself in endeavoring to And a possibility of preserving the Union, without our uncondi- tional ratification ; but, sir, in vain ; I find no __(jther means. I ask myself a variety of ques- I tions applicable to the adopting States, and I \ conclude, will they repent of what they have i done? Will they acknowledge themselves in j an error ? Or will they recede to gratify Vir- •^inia? My prediction is .that they will not. / Shall we stand by ourselves, and be severed - from the Union if amendments cannot be had ? I have every reason for determining within myself that our rejection must dissolve the Union, and that that dissolution will destroy our political happiness. The honorable gentle- man was pleased to draw out several other ar- guments, out of order: that this government would destroy the State governments, the trial by jury, &c., &c., and concluded, by an illus- tration of his opinion, by a reference to the confederacy of the Swiss. Let us argue with unprejudiced minds. He says that the trial by jury is gone ; is this so ? Although I have de- clared my determination to give my vote for it yet I shall freely censure those parts which ap- pear to me reprehensible. The trial by jury, in ' criminal cases, is secured; in civil cases it is not so expressly secured as I could wish it ; but it does not follow that Congress has the power of taking away this privilege, which is secured by the constitution of each State, and not given away by this constitution. I have no fear on this subject ; Congress must regulate it so as to suit every State. I will risk my property on the certainty that they will institute the trial by jury in such manner as shall accommo- date the conveniences of the inhabitants in every State ; the difficulty of ascertaining this accommodation was the principal cause of its not being provided for. It will be the interest of the individuals composing Congress to put it on this convenient footing. Shall we not choose men respectable for their good qualities ? Or can we suppose that men, tainted with the worst vices, will get into Congress? I beg leave to differ from the honorable gentleman, in another point. He dreads that great incon- veniences will ensue from the federal court; that our citizens will be harassed by being carried thither. I cannot think that this power of the federal judiciary will necessarily be abused. The inconvenience here suggested being of a general nature, affecting most of the States, will, by general consent of the States, be removed; and, I trust, such regulations shall be made, in this case, as will accommodate the people in every State. The honorable gen- tleman instanced the Swiss cantons as an ex- ample, to show us the possibility, if not expe- diency, of being in amicable alliance with the other States, without adopting this system. Sir, references to history will be fatal in politi- cal reasoning, unless well guarded. Our men- tal ability is often so contracted, and powers nf investigation so limited, that sometimes we ad- duce as an example in our favor what in fact militates against us. Examine the situation of that country comparatively to us. Its extent and situation are totally different from ours ; it is surrounded by powerful, ambitious, and rer ciprocally jealous nations ; its territory small, ^ and the soil not very fertile. The peculiarity, sir, of their situation, has kept these cantons together, and not that system of alliance to which the gentleman seems to attribute the durability and felicity of their connection. [Here Mr. Eandolph quoted some passages from Stanyard, illustrating his argument, and largely commented upon them ; the effect of which was, that the narrow confines of that country rendered it very possible for a system of confederacy to accommodate those cantons, , that would not suit the United States ; that it| ' was the fear of the ambitious and warlike na- tions that surrounded them, and the reciprocal jealousy of the other European powers, that ' rendered their union so durable ; and that not- withstanding these circumstances, and their being a hardy race of people, yet such was the THE FEDERAL CONSTITUTION. 367 mjudioioiis construction of their confederacy, that very considerable broils sometimes inter- rupted their harmony.] He then continued — I have produced this example to show that we ought not to be amused with historical references which have no kind of analogy to the points under our con- sideration. We ought to ooniine ourselves to those points solely which have an immediate and strict similitude to the subject of our dis- cussion. The reference made by the honorable gentleman over the way is extremely inappH- cable to us. Are the Swiss cantons circum- stanced as we are? Are we surrounded by formidable nations, or are we situated in any manner like them ? We are not, sir. Then it naturally results that no such friendly intercourse as he llattered himself with could take place, in case of a dissolution of our Union. We are re- motely situated from powerful nations, the dread of whose attack might impel us to unite firmly with one another ; we are not situated in an inaccessible, strong position ; we have to fear much from one another ; we must soon feel the fatal effects of an imperfect system of union. The honorable gentleman attacks the .consti- tution, as he thinks it contrary to our bill of ; rights. Do we not appeal to the people, by ^ whose authority all government is made ? That Tbill of rights is of no validity, because, I con- ceive, it is not formed on due authority. It is not a part of our constitution ; it has never se- cured us against any danger'; it has been re- peatedly disregarded and violated. But we must not discard the confederation, for the re- membrance of its past services. I am attached to old servants. I have regard and tenderness for this old servant ; bnt when reason tells ns that it can no longer be retained without throwing away all that it has gained us, and running the risk of losing every thing dear to us, must we still continue our attachment? Reason and my duty tell me not. Other gen- tlemen may think otherwise. But, sir, is it not possible that men may differ in sentiments, and still be honest? We have an inquisition within ourselves that leads us not to offend so much against charity. The gentleman ex- presses a necessity of being suspicious of those who govern. I will agree with him in the ne- cessity of political jealousy to a certain extent; but we ought to examine how far this political jealousy ought to be carried. I confess that a certain degree of it is highly necessary to the preservation of liberty ; but it ought not to be extended to a degree which is degrading and humiliating to human nature ; to a degree of restlessness and active disquietude sufficient to disturb a community or preclude the possibility of political happiness and contentment. Con- fidence ought also to be equally limited. Wis- dom shrinks from extremes, and fixes on a medium as her choice. Experience and history, the least fallible judges, teach us that in form- ^ mg a government, the powers to be given must be commensurate to the object. A less degrea will defeat the intention, and a greater will subject the people to the depravity of rulers, who, though they are but the agents of the people, pervert their powers to their own emolument and ambitious views. Mr. Chairman, I am sorry to be obliged to detain the House, but the relation of a variety of matters renders it now unavoidable. I in- formed the House yesterday, before rising, that I intended to show the necessity of having a national government, in preference to the con- federation ; also, to show the necessity of con- ceding the power of taxation, and of distin- guishing between its objects; and I am the more happy, that I possess materials of infor- mation for that purpose. My intention then isj] to satisfy the gentlemen of this committee, that' a national government is absolutely indispensa- ble, and that a corifederacy is not eligible, in our present situation. The introductory step to this will be, to endeavor to convince the House of the necessity of the Union, and that the present confederation is actually inadequate and unamendable. The extent of the country is objected to, by the gentleman over the way, as an insurmountable obstacle to the establish- ing a national government In the United States. It is a very strange and inconsistent doctrine, to admit the necessity of the Union, and yet urge this last objection, which I think goes radically to the existence of the Union itself. If the extent of the country be a conclusive argument against a national government, it is equally so against an union with the other States. Instead of entering largely into a dis- cussion of the nature and effect of the different kinds of government, or into an inquij'y into the particular extent of country, that may suit the genius of this or that government, I ask this question — is this government necessary for the safety of Virginia ? Is the Union indispensable for our happiness ? I confess it is imprudent for any nation to form alliance with another, whose situation and construction of government are dissimilar with its own. It is impolitic and improper for men of opulence to join their interest with men of indigence and chance. But we are now inquiring, particularly, whether Virginia, as contradistinguished from the other States, can exist without the Union — a hard question, perhaps, after what has been said. I will venture, however, to say, she cannot. I shall not rest contented with asserting, I shall endeavor to prove. Look at the most powerful nations on earth. , England and France have had recourse to this expedient. Those coun- tries found it necessary to unite with their im- mediate neighbors, and this union has prevented the most lamentable mischiefs. What divine pre-eminence is Virginia possessed of, above other States ? Can Virginia send her navy and thunder, to bid defiance to foreign nations? And can she exist without an union with her neighbors, when the most potent nations have found such an union necessary, not only to 168 EDMUND RANDOLPH. their political felicity, but their national exist- ence ? Let us examine her ability. Although it be impossible to determine, with accuracy, what degree of internal strength a nation ought to possess, to enable it to stand by itself; yet there are certain sure facts and circumstances, which demonstrate that a particular nation cannot stand singly. I have spoken with free- dom, and, I trust, I have done it with decency ; but I must also speak with truth. If Virginia can exist without the TInion, she must derive that ability from one or other of these sources, viz. : from her natural situation, or because she has no reason to fear from other nations. What is her situation ? She is not inaccessible. She is not a petty republic, like that of St. Marino, surrounded with rocks and mountains, with a soil not very fertile, nor worthy the envy of surrounding nations. Were this, sir, her situ- ation, she might, like that petty state, subsist, separated from all the world. On the contrary, she is very accessible : the large, capacious bay of Chesapeake, which is but too excellently adapted for the admission of enemies, renders her very vulnerable. I am informed, and I believe rightly, because I derive my informa- tion from those whose knowledge is most re- spectable, that Virginia is in a very unhappy position, with respect to the access of foes by sea, though happily situated for commerce. This being her situation by sea, let us look at land. She has frontiers adjoining the States of Pennsylvania, Maryland and North Carolina. Two of those States have declared themselves members of the Union. WiU she be inaccessi- ble to the inhabitants of those States? Oast your eyes to the western country, that is in- habited by cruel savages, your natual enemies. Besides their natural propensity to barbarity, they may be excited, by the gold of foreign enemies, to commit the most horrid ravages on your people. Our great, increasing population, is one remedy to this evU ; but, being scattered thinly over so extensive a country, how difficult it is to collect their strength, or defend the country. This is one point of weakness. I wish, for the honor of my countrymen, that it was the only one. There is another circum- stance which renders us more vulnerable. Are we not weakened by the population of those whom we hold in slavery? The day may come, when they may make an impression upon us. Gentlemen who have been long accustomed to the contemplation of the subject, think there is a cause of alarm in this case. The number of those people, compared to that of the whites, is in an immense proportion: their number amounts to two hundred and thirty-six thou- sand, that of the whites only to three hundred and fifty-two thousand. Will the American spirit, so much spoken of, repel an invading enemy, or enable you to obtain an advantageous peace ? Manufactures and military stores may afford relief to a country exposed : have we these at present? Attempts have been made to have these here. If we shall be separated from the Union, shall our chance of having these be greater? Or, will not the want of these be more deplorable ? We shaU be told ol the exertions of Virginia, under the confedera • tion — ^her achievements, when she had no com merce. These, sir, were necessary for her immediate safety ; nor would these have availed, without the aid of the other States. Those States, then our friends, brothers and support- ers, will, if disunited from us, be our bitterest enemies. If ,'hen, sir, Virginia, from her situation, is not inKccessible, or invulnerable, let us consider if she be protected, by having no cause to fear from other nations : has she no cause to fear ? You will have cause to fear, as a nation, if dis- united ; you will not only have this cause to fear from yourselves, from that species of pop- ulation I have before mentioned, and your once sister States, but from the arms of other na- tions. Have you no cause of fear from Spain, whose dominions border on your country? Every nation, every people, in our circum- stances, have always had abundant cause to fear. Let us see the danger to be apprehended from France: let us suppose Virginia separated from the other States: as part of the former confederated States, she will owe France a very considerable sum — France will be as magnani- mous as ever. France, by the law of nations, will have a right to demand the whole of her, or of the others. If France were to demand it, what would become of the property of Amer- ica? Could she not destroy what little com- merce we have ? Could she not seize our ships, and carry havoc and destruction before her on our shores? The most lamentable desolation would take place. We owe a debt to Spain also ; do we expect indulgence from that quar- ter? That nation has a right to demand the debt due to it, and power to enforce that right. Will the Dutch be silent about the debt due to them ? Is there any one pretension, that any of these nations will be patient? The debts due the British are also very considerable : these debts have been withheld contrary to treaty : if Great Britain will demand the pay- ment of these debts peremptorilj', what wUl be the consequence ? Can we pay them if de- manded? WiU no danger result from a refusal? WiU the British nation suffer their subjects to be stripped of their property? Is not that nation amply able to do its subjects justice ? Will the resentment of that powerful and super- cilious nation sleep for ever? If we become one, sole nation, uniting with our sister States, our means of defence will be greater ; the in- dulgence for the payment of those debts will be ■ greater, and the danger of an attack less proba- ble. Moreover, vast quantities of lands have been sold, by citizens of this country, to Euro- peans, and these lands cannot be found. WiU this fraud be countenanced or endured ? Among so many causes of danger, shall we be secure, separated from our sister States? Weakness itself, sir, will invite some attack upon yon> THE FEDERAL OONSTITUTIOK 169 country. Contemplate our situation deliberate- ly, and consult history: it will inform you; that people in our circumstances have ever been attacked, and successfully : open any page, and you will there find our danger truly de- picted. If such a people had any thing, was it not taken? The fate which will befall us, I fear, sir, will be, that we shall be made a par- tition of. How wiU these, our troubles, be re- .-noved? Can we have any dependence on commerce? Can we make any computation on this subject ? Where will our flag appear ? So high is the spirit of commercial nations, that they will spend five times the value of the object, to exclude their rivals from a participa- tion in commercial profits : they seldom regard any expenses. If we should be divided from the rest of the States, upon what footing would pur ^navigation in the Mississippi be ? What would be the probable conduct of France and Spain ! Every gentleman may imagine, in his own mind, the natural consequences. To these considerations, I might add many others of a similar nature. Were I to say, that the bound- ary between us and KTorth Carolina is not yet settled, I should be told that Virginia and that State go together. But what, sir, will be the consequence of the dispute that may arise be- tween us and, Maryland, on the subject of Poto- mac river ? It is thought, Virginia has a right to an equal navigation with them in that river. If ever it should be decided on grounds of prior right, their charter will inevitably determine it in their favor. The country called the North- ern Neck, will probably be severed from Vir- ginia. There is not a doubt but the inhabit- ants of that part will annex themselves to Maryland, if Virginia refuse to accede to the Union. The recent example of those regula- tions lately made respecting that territory, will illustrate that probability. Virginia will also be in danger of a conflict with Pennsylvania, on the subject of boimdaries. I know that some gentlemen are thoroughly persuaded, that we have a right to those disputed boundaries : if we have such a right, I know not where it is to be found. Are we not borderers on States that will be separated from us ? Call to mind the history of every part of the world, where nations have bordered on one another, and consider the con- sequences of our separation from the Union. Peruse those histories, and you find such coun- tries to have ever been almost a perpetual scene of bloodshed and slaughter. The inhab- itants of one escaping from punishment into the other, protection given them, consequent pur- suit, robbery, cruelty, and murder. A numer- ous standing army, that dangerous expedient, would be necessary, hut not sufficient for the defence of such borders. Every gentleman lyill amplify the scene in his own mind. If you wish to know the extent of such a scene, look at the history of England and Scotland before the union ; you will see -their borderprs con- tinually committing depredations ht,c\ cruelties, of the most calamitous and deplorable nature, on one another. Mr. Chairman, were we struck off from the Union, and disputes of the back lands should he renewed, which are of the most alarming na- ture, and which must produce uncommon mis- chiefs, can you inform me how this great sub- ject would be settled ? Virginia has a large unsettled country ; she has, at last, quieted it ; but there are great doubts whether she has taken the best way to effect it. If she has not, disagreeable consequences may ensue. I have before hinted at some other causes of quarrel , between the other States and us; particularly the hatred that would be generated by com- mercial competition. I will only add, on that subject, that controversies may arise concern- ing the fisheries, which must terminate in wars. Paper money may also be an additional source of disputes. Khode Island has been in one continued train of opposition to national duties and integrity ; they have defrauded their cred- itors by their paper money. Other States have also had emissions of paper money, to the ruin of credit and commerce. May not Virginia, at a future day, also recur to the same expedient? Has Virginia no affection for paper money, or disposition to violate contracts ? I fear she is as fond of these measures as most other States in the Union. The inhabitants of the adjacent States would be affected by the depreciation of paper money, which would assuredly produce a dispute with those States. This danger is taken away by the present constitution, as it provides "That no State shall emit bills ot credit." Maryland has counteracted the policy of this State frequently, and may be meditating examples of this kind again. Before the revo- lution there was a contest about those back lands, in which even government was a party ; it was put an end to by the war. Pennsylvania was ready to enter into a war with us for the disputed lands near the boundaries, and nothing but the superior prudence of the man who was at the head of affairs in Virginia could have prevented it. I beg leave to remind you of the strength of Massachusetts and other States to the north, and what would their conduct be to us if dis-_ united from them? In case of a conflict be- tween us and Maryland or Pennsylvania, they would be aided by the whole strength of the more northern States ; in short, by that of all the adopting States. For these reasons, I con- ceive, that if Virginia supposes she has no cause of apprehension, she will find herself in a fatal error. Suppose the American spirit in the full- est vigor in Virginia ; what military prepara- tions and exertions is she capable of making ? The other States have upwards of three hun- dred and thirty thousand men capable of bear- ing arms ; this will be a good army, or they can very easily raise a good army out of so great a number. Our militia amounts to fifty thousand ; even stretching it to the improbable amount (m-ged by some) of sixty thousand; in iro EDMUND RANDOLPH. case of an attack, -what defence can we make ? Who are militia? Can we depend solely upon these ? I will pay the last tribute of gratitude to the militia of my country ; they performed some of the most gallant feats during the last war, and acted as nobly as men inured to other avocations could be expected to do ; but, sir, it is dangerous to look to them as our sole pro- tectors. Did ever militia defend a country? Those of Pennsylvania were said to differ very little from regulars, yet these, sir, were insuffi- cient for the defence of that State. The militia of our country will be wanted for agriculture ; on this noblest of arts depends the virtue and the very existence of a country ; if it be ne- glected, every thing else must be in a state of ruin and decay. It must be neglected if those hands which ought to attend to it are occasion- ally called forth on military expeditions. Some, also, will be necessary for manufactures, and those mechanic arts which are necessary for the aid of the farmer and planter. If we had men sufficient in number to defend our- selves, it could not avail without other requi- sites. We must have a navy, to be supported in time of peace as well as war, to guard our coasts and defend us against invasions. The impossibility of building and equipping a fleet, in a short time, constitutes the necessity of having a certain number of ships of war always ready in,time of peace. The maintaining a navy Will require money ; and where, sir, can we get money for this and other purposes? How shall we raise it ? Eeview 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 for one, will amount to between six and seven hundred thousand pounds. There is also due the continent the balance of requisi- tions due by us, and, in addition to this pro- portion 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 then your real ability. Shall we recur to loans ? Nothing can be more impolitic ; they impoverish a na- tion; we, sir, have nothing to repay them; nor, sir, can we procure them. Our numbers are daily increasing by emigration; but this, sir, will not relieve us, when our credit is gone, and it is impossible to borrow money. If the imposts and duties in Virginia, even on the present footing, be very unproductive, and not equal to our necessities, what would they be if we were separated from the Union? From the first of September to the first of June, the amount put into the treasury is only fifty-nine thousand pounds, or a little more. But, sir, if smuggling be introduced in consequence of high duties, or otherwise, and the Potomac should be lost, what hope is there of getting money from these ? Shall we be asked if the impost would be bettered by the Union? I answer that it will, sir. Credit being restored and confidence dif- fused in the country, merchants and men ol wealth will be induced to come among us; emigration will increase, and commerce will flourish ; the impost will therefore be more" sure and productive. Under these circumstan ces, can you find men to defend you ? If not men, where can you -^have a navy ? It is an old observation, that he who commands at sea will command the land; and it is justified by modern experience in war. The sea can only be commanded by commercial nations. The United States have every means, by nature, to enable them to distribute supplies mutually among one another, to supply other nations, with many articles, and to carry for other na- tions. Our commerce would not be kindly re- ceived by foreigners, if ti-ansacted solely byl ourselves, as it is the spirit of commercial na- tions to engross, as much as possible, the carry- ing trade; this makes it necessary to defend our commerce; but how shall we encompass 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 effects. We have inland navigation. Our last exports did not exceed one million of pounds. Our export trade is entirely in the hands of foreigners. We have no manufactures ; depend for supplies on other nations, and so far are we from having any carrying trade, that, as I have already said, our exports are in the hands of foreignei's. Besides the profit that might be made by our natural materials, much greater gains would accrue from their being first wrought before they were exported. England has reaped im- mense profits by this ; nay, even by purchasing and working up those materials which her country did not afl'ord; her success in com- merce is generally jascribed to her navigation act. Virginia would not, encumbered as she is, agree to have such an act. Thus, for the want of a navy, are we deprived of the multi- farious advantages of our natural situation ; nor is it possible, that if the Union is dissolved, we ever should have a navy sufficient either for our defence or the extension of our trade. I beg gentlemen to consider these two things— our ' inability to raise and man a navy, and the dreadful consequences of the dissolution of the _ Union. I will close this catalogue of the evils of the dissolution of the Union, by recalling to your mind what passed in the year 1Y81. Such was the situation of our affairs then, that the pow- ers of a dictator were given to the commander- in-chief to save us from destruction. This shows the situation of the country to have been such as made it ready to embrace an actual dic- tator. At some future period, will not our dis- tresses impel us to do what the Dutch have done — throw all power into the hands of a stadtholder? How infinitely more wise and eligible, than this desperate alternative, is an union with our American brethren? I feel myself so abhorrent to any thing that will dis- THE FEDERAL CONSTITUTION. m Bolve our Union, that I cannot prevail with my- self to assent to it directly or indirectly. If the Union is to be dissolved, what step is to be taken! Shall we form a partial confederacy; or, is it expected that we shall successfully ap- ply to foreign alliance for military aid ? This last measure, sir, has ruined almost every na- tion that has used it ; so dreadful an example ought to be most cautiously avoided ; for sel- dom has a nation recurred to the expedient of foreign succor, without being ultimately crush- ed by that succor. We may lose our liberty and independence by this injudicious scheme of policy. Admitting it to be a scheme re- plete with safety, what nation shall we solicit— France? She will disdain a connection with a people in our predicament. I would trust every thing to the magnanimity of that nation, but she would despise a people who had, like us, so imprudently separated from their brethren ; and, sir, were she to accede to our proposal, with what facility could she become mistress of our country. To what nation, then, shall we ap- ply — to Great Britain? Nobodj^ has as yet trusted that idea. An application to any other must be either fruitless or dangerous ; to those who advocate local confederacies, and at the same time preach up for republican liberty, I answer, that their conduct is inconsistent ; the defence of such partial confederacies will re- quire such a degree of force and expense as will destroy every feature of republicanism. Give me leave to say, that I see naught but destruc- tion in a local confederacy. With what State can we confederate but North Carolina — North Carolina, situated worse than ourselves ? Con- sult your own reason: I beseech gentlemen most seriously to reflect on the consequences of such a confederacy ; I beseech them to con- sider, whether Virginia and North Carolina, both oppressed with debts and slaves, can de- fend themselves externally, or make their peo- ple happy internally. North Carolina having no strength but militia, and Virginia in the same situation, wiU make, I fear, but a despi- cable figure in history. Thus, sir, I hope that I have satisfied you that we are unsafe without an union, and that in union alone safety con- sists. I come now, sir, to the great inquiry, whether the confederation be such a government as we ought to continue under ; whether it be such a government as can secure the felicity of any free people. Did I believe the confederation was a good thread, which might be broken without destroying its utility entirely, I might be induced to concur in putting it together ; but I am so thoroughly convinced of its inca- pacity to be mended or spliced, that I would sooner recur to any other expedient. When I spoke last, I endeavored to express my sentiments concerning that system, and to apologize (if an apology was necessary) for the conduct of its framers — that it was hastily devised, to enable us to repel a powerful enemy ■—that the subject was novel, and that its inef- ficacy was not discovered, till requisitions came to be made by Congress. In the then situation of America, a speedy remedy was necessary to ward otf the danger, and this sufiiciently an- swered that purpose ; hut so universally is its imbecility now known, that it is almost useless for me to exhibit it at this time. Has not Vir- ginia, as well as every other State, acknowl- edged its debility, by sending delegates to the general convention? The confederation is, of all things, the most unsafe, not only to trust to, in its present form, but even to amend. The object of a federal, government is to remedy and strengthen the weakness of its individual branches; whether that weakness arises from situation, or any other external cause. With respect to the first, is it not a miracle that the confederation carried us through the last war ? It was our unanimity, sir, that carried us through it. That system was not ultimately concluded till the year 1781 — although ths greatest exertions were made before that timei Then came requisitions of men and money ; it^ defects then were immediately discovered ; the quotas of men were readily sent — not so those\ of money. One State feigned inability, 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 mil- lions of dollars were wanting, besides the emis- sions of dollars, forty for one. These things show the impossibility of relying on requisi- tions. [Here Mr. Randolph enumerated the different dfelinquencies of different States, and the consequent distresses of Congress.] If the American spirit is to be depended upon, I call him to awake, to see how his Americans have been disgraced : but I have no hopes that things will be better hereafter. I fully expect things will be as they have been, and that the same derangements will produce similar mis- carriages. Will the American sjjirit produce money or credit, unless we alter our system ? Are we not in a contemptible situation — are we not the jest of other nations? But it is insinuated, by the honorable gentle- man, 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 govern- ment that will have stability, and give us secu- rity ; for our present government is destitute of the one, and incapable of producing the other. It cannot perhaps, with propriety, be denomi- nated a government — being void of that energy requisite to enforce its sanctions. I wish my^'i ^. country not to he contemptible in the eyes of ' foreign nations. A well regulated community ' is always respected. It is the internal situa- tion, the defects of government, that attract ', foreign contempt — that contempt, sir, is too i often followed by subjugation. Advert to the ' contemptuous manner in which a shrewd poli- tician speaks of our government. [Here Mr, 172 EDMUND RANDOLPH. Randolph quoted a passage from Lord Sheffield, the purport of which was, that Great Britain might engross our trade on her own terms: that the imbecility and Inefflcacy of our gene- ral government were such, that it was impos- sible we conld counteract her policy, however rigid or illiberal towards us her commercial regulations might be.] Reflect but a moment on our situation. Does it not invite real hos- tility? The conduct of the British ministry to Qs, is the natural eflfect of our unnerved govern- ment. Consider the commercial regulations be- tween us and Maryland. Is it not known to gentlemen that this State and that have been making reprisals on each other, to obviate a repetition of which, in some degree, these reg- ulations have been made? Can we not see from this circumstance, the jealousy, rivalship and hatred that would subsist between them, in ease this State was out of the Union? They are importing States, and importing States will ever be competitors and rivals. Rhode Island and Connecticut have been on the point of war, on the subject of their paper money — Congress did not attempt to interpose. When Massachu- setts was distressed by the late insurrection, Congress could not relieve her. Who headed that insurrection ? Recollect the facility with which it was raised, and the very little ability of the ringleader, and you cannot but deplore the extreme debility of our merely nominal government ; we are too despicable to be re- garded by foreign nations. The defects of the Confederation consisted principally in the want of power. It had nominally powers — ^powers on paper, which it could not use. The power of making peace and war is expressly delegated to Congress ; yet the power of granting pass- ports, though within that of making peace and war, was considered by Virginia as belonging to herself. Witliout adequate powers, vested in Oongi-ess, America cannot be respectable in the eyes of other nations. Congress, sir, ought to be fully vested with power to support the Union, protect the interest of the United States, maintain their commerce, and defend them from external invasions and insults, and inter- nal insurrections; to maintain justice, and pro- mote harmony and public tranquillity among the States. A government not vested with these powers, will ever be found unable to make us happy or respectable : how far the confederation is different from such a govern- ment, is known to all America. Instead of be- ing able to cherish and protect the States, it has been unable to defend itself against the encroachments made upon it by the States: every one of them has conspired against it — Virginia as much as any. This fact could be proved by reference to actual history. I might quote the observations of an able modern au- thor, (not because he is decorated with the name of author, but because his sentiments are drawn from human nature,) to prove the dan- gerous impolicy of withholding necessary powers irora Congress ; but I shall at this time fatigue the House as little as possible. What are the powers of Congress ? They have full authority to recommend what they please. This recom- mendatory power reduces them to the condi- tion of poor supplicants. Consider the digni- fied language of the members of the American Congress— May it please your high mighti- nesses, of Virginia, to pay your just, propor- tionate quota of our national debt : we humbly supplicate that it may please you to comply with your federal duties ! We implore, we beg your obedience ! Is not this, sir, a fair repr&- sentation of the powers of Congress ? Their operations are of no validity, when counteract- ed by the States. Their authority to recom- mend is a mere mockery of government. But the amendability of the confederation seems to have great weight on the minds of some gentlemen. To what point 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 judicial 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 power? Will you then amend it, by taking away one of these three powers ? Sup- pose, 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, expe- rience and governmental history, that tyranny is the natural and certain consequence of unit- ing these two powers, or the legislative and judicial powers, exclusively, in the same body? If any one denies it, I shall pass by him, as an infidel not to be reclaimed. Wherever any two of these three powers are vested in one single body, they must, at one time or other, termi- nate 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 re- striction, and whatever good consequences it may in some cases produce, yet it will px-event energy in many other cases; it will prevent energy, which is most necessary on some emer- gencies, even in cases wherein the existence of the community depends on vigor and expedi- tion. It is incompatible with that secrecy which is the life of execution and dispatch. 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 Virginia, and the other legislatdres, should be necessary to confirm and render of any validity, the congressional acts: this would openly discover the debility of the general gov ernment to all the world. But, in fact, its im- becility is now nearly the same as if such acta were formally requisite. An act of the assem- bly of Virginia, controverting a resolution of Congress, would certainly prevail. I therefore THE FEDERAL CONSTITUTION. 173 conclude, 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 wealiness. I am afraid I have tired the patience of this House ; but I trust you will pardon me, as I was urged by the importunity of the gentleman, in calling for the reasons of laying the ground- work of this plan. It is objected by the honor- able gentleman over the way, (Mr. George Mason,) that a republican government is im- practicable in an extensive territory, and the extent of the United States is urged as a reason for the rejection of this constitution. Let us consider the definition of a republican govern- ment, as laid down by a man who is highly esteemed. Montesquien, so celebrated among r-politicians, says, " that a republican government I is that, in which the body, or only a part of 'itJie people, is possessed of the supreme power ; a monarchical, that in which a single person governs, by fixed and established laws ; a des- potic government, that in which a single per- son, without law and without rule, directs every thing, by his own will and caprice. This author has not distinguished a republican gov- ernment from a monarchy, by the extent of its boundaries, but by the nature of its principles. He, in another place, contradistinguishes it, as a government of laws, in opposition to others, which he denominates a government of men. The empire, or government of laws, according to that phrase, is that in which the laws are made with the free will of the people ; hence then, if laws be made by the assent of the peo- ple, the government may be deemed free. When laws are made with integrity, and exe- cuted with wisdom, the question is, whether a great extent of country will tend to abridge the liberty of the people. If defensive force be necessary, in proportion to the extent of coun- try, I conceive that, in a judiciously constructed government, be the country ever so extensive, its inhabitants will be proportionably numerous, and able to defend it. Extent of country, in my conception, ought to be no bar to the adop- tion of a good government. ISTo extent on earth seems to me too great, provided the laws be wisely made and executed. The principles of , representation and responsibility may pervade a large, as well as a small territory: and ty- ranny is as easily introduced into a small, as into a large district. If it be answered, that some of the most illustrious and distinguished ftutliors are of a contrary opinion, I reply, that authority has no weight with me, tiU I am con- vinced — that not the dignity of names, but the force of reasoning, gains my assent. I intended to have shown the nature of the powers which ought to have been given to the general government, and the reason of invest- ing 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 observa- tions, which come from my heart. I have labored for the continuance of the Union — the rook of our salvation. I believe 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 discord, faction, turbulence, war and bloodshed, have produced in other countries. The Amer- ican spirit ought to be mixed with American pride — ^pride to see the Union magnificently triumph. Let that glorious pride, which once defied the British thunder, reanimate you again. Let it not be recorded of Americans, that, after having performed the most gallant exploits, after having overcome the most astonishing difficulties, and after having gained the admira- tion of the world by their incomparable valor and policy, they lost their acquired reputation, their national consequence and happiness, by their own indiscretion. Let no future historian inform posterity, that they wanted wisdom and virtue to concur in any regular, efficient gov- ernment. Should any writer, doomed to so. disagreeable a task, feel the indignation of an honest historian, he would reprehend and re- criminate our folly, with equal severity and justice. 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 wUl remain so for ever. I believe gentlemen are sincere in their opposition, and actuated by pure motives ; but when I maturely weigh the advantages of the Union, and di-ead- ful consequences of its dissolution ; when I see safety on my right, and destruction on my left; when I behold respectability and happiness acquired by the one, but annihOated by the other, I cannot hesitate to decide in favor of the former. I hope my weakness, from speak- ing so long, will apologize for my leaving this subject in so mutilated a condition. If a farther explanation be desired, I shall take the liberty to enter into it more fuUy another time. 174 EDMUND EANDOLPH. SPEECH IN THE TRIAL OF AARON BURR. In May, 1807, Aaron Burr was arraigned in the Oii-ciiit Court of the United States, held at Kichmond, Virginia, for treason, in preparing the means of a military expedition against the possessions of the King of Spain, with whom the United States were at peaoe."^ Mr. Ran- dolph, associated with Mr. Luther Martin and other distinguished lawyers, appeared in the defence of Mr. Burr, and spoke as follows : The little fragment of time that is left for me, may it please your Honors, I shall not ahuse. The day before yesterday I informed the court that I had reserved to myself the right of fully answering the arguments of gentlemen on the other side ; bnt I forbore to exercise it, in con- sideration of my respect for Mr. Martin. But I said, that if any thing should be omitted by him, I would take the liberty of addressing the court, to supply the omission. There is scarcely any thing which Mr. Martin has not noticed. He has amused and instructed us; but it is difficult to come within that condition I had prescribed to myself; and there are two or three sentiments which I have much at heart, and on which I could not justify to myself to remain silent. I do not mean to pass through the long series of authorities to which reference has been had, because not a single case has been adduced, by the gentlemen for the prosecution, that has not been fully answered, and its intended effects repelled. I shall endeavor to connect the ob- servations I am about to make with the general subject already submitted to you ; but though this cannot be done without mentioning princi- ples which have been sufficiently discussed, I shall avoid repetition as much as possible, and endeavor to place the subject in such a clear point of view that our object cannot be misun- derstood. "We have been charged with attempting to * A full report of this extraordinary trial, was taken in eliort-band by Mr. T. Carpentel, and published in 3 vols., Svo. 1807. " As to ' Burr's conspiracy,' " says Mr. Sullivan, " that un- fortunate man, on leaving the vice-presidency, in 1605, be- came a wanderer. He appeared in the western States, in the course of that year, and there attempted to carry into effect some designs, but precisely of what character is not certain. It may be that he calculated on a war mth Spain, and intended to advance his own interests under the sup- posed approbation of the administration, as Miranda did. It may be that he intended to possess himself of Mexico ; or perhaps to plunder New Orleans ; or to sever the Union with the aid of Spain, and found a western empire ; perhaps he Intended, as a last resort, to effect a settlement of lands on the Washita river. His purposes do not appear to have been disclosed, so that they can be placed beyond conjec- ture." — Familiar Letters on Fullic Charaatera, page 243. exclude further testimony, and thereby en- croaching on the sacred rights of the jury. Courts have their rights, and juries have theirs. They are capable of being reconciled, for they are bodies of the same system. But, although the court has no right to dictate the motion of the jury, it has a right to restrain them within their proper orbits. They are brethren in the administration of justice, not rivals in power ; and y I were permitted to draw an analogy, I would say that the court is the father of the judicial family — that both are essential to ad- minister justice according to law. This the court is bound to enforce, and this the jury are bound to obey. Why should they complain? Because, say gentlemen, we suppress testimony. How do we suppress testimony? They have a ea/rte ilanche, and are at liberty to suppose every other evidence, except what they know does not exist; that is, the presence of Mr. Burr, and that actual force was employed. They may, if they can, prove every thing short ol these things. Have not gentlemen seized these with great eagerness ? They have kept their eyes on the court, but alarmed the ears of the jury. They have professed to talk in the ab- stract, but have described with a pencil whose strokes, dark as Erebus, and intended sirpilitude and application, could not be mistaken. They have thrown, with rhetorical magic, into the cauldron of public opinion, already overboiling, poisonous ingredients, to the ruin of Colonel Burr. We wage an unequal war — an individual against the whole power and influence of the Uiuted States. We have to defend ourselves but with law and fact. Only permit us, if you please, to come with this dreadful disparity (for thus we have to contend), even when clothed with the mail of innocence. We ask for the benefit of the law. Why should we be upbraided for asking no more than the law has given us ? That we must have. There is not a power on earth that can refuse us what the law gives. It is a privilege given for good rea- sons as a check to prevent the danger of per- version to oppression ; of degeneracy to tyran- ny. We have fundamental fact to proceed upon — the absence of Colonel Burr from the scene of action. His absence is acknowledged ; and if it were not, it is proved by us. Hence emerges a question, whether any facts, which can be proved, can convict him as a principal in the treason alleged to have been committed in his absence. If he were not present at Blannerhassett's Island, as stated in this indict- ment, how can he be convicted as a principal ? After the admission that he-was absent, how can they succeed ? They cannot add one iota to what relates to this part of the business. It is a rule that cannot be controverted, that when an indispensable position cannot he. SPEEOIl IN THE TRIAL OF AARON BURR. ITS proved, the court may interpose with respect to the law, and state its necessity to the jury. This is not a case of equivocal testimony, where credibility and mere weight are to be consid- ered, which it would be improper foi' the court to decide upon. AVe ask your opinion of facts, concerning which there is no doubt. Why should the trial proceed, if it should be, the opinion of the court that proof of his absence cannot support the charge of his being present as an actor? Surely not to add fuel to the general inflammation, which has already spread far and wide, and that only for the mere pur- pose of gratifying any one man or set of men ; for this court sits not for the amusement of the public fancy or the gratification of public ma- lignity. But, say they, may not the jury decide the law and the fact against the opinion of the court? But is it proper to produce a struggle between the court and jury ? Ought the jury to disregard the opinion of the court when it is confessedly correct ? When the court tells the jury truly, that the substratum does not exist, a respectable jury never did and never will find a verdict of guilty. They say that they are determined to probe this conspiracy, as it is called, to the bottom ; and therefore they make these extraordinary eiforts; but is there no respect that counsel ought to have for their character, to prevent them from pressing on the jury doctrines which they know to be illegal? Is there no respect due from the jury to the admonition of the court? If irrelevant testimony be to be ad- mitted, twenty or twenty-five days, or more, may be spent in hearing what has no relation to the subject, and cannot afiect us. It is in vain, therefore, to proceed. What ought we to expect from the court? Its authority. If the law is to be regarded, we have a right to call on the court for the exercise of its au- thority to prevent the introduction of illegal testimony. If, indeed, as Mr. Hay and Mr. Wirt said, the consequences of this interposition of the com-t would be the annihilation of the rights of the jury, I would answer, that any individual on earth ought to be sacrificed rather than that so great a danger should be realized. I wish not to touch so inestimable an institution. But there exists no such danger. Why do we wish to have juries? It is that men of our own condition, and who have a fellow-feeling for us, should determine controversies and try ac- cusations against individuals among us; so that no standing jurisdiction or permanent tri- bunal is to be employed to dictate the fate of any individual. It is a wise and humane regu- lation, that a jury should thus interpose be- tween the public and an individual. For it is very improbable that oppression will ever take place on that side. All is safe while decisions are on the side of tenderness. No precedent can be drawn from all this to sanction injustice ^r oppression. It is objected that juries would thus be pros- trated, and that the court might, on the same principle, decide against the accused. Who thus complains ? Was it ever argued that the rights of the jury and the safety of the citizen were destroyed by a favorable opinion to the accused ? Let a Jeffreys arise and succeed you on that seat ; let him arrogate to himself what powers he pleases ; let him encroach on privileges and tyrannize over the rights of juries, and all those whO' shall advocate them ; yet what ex- amples would he take ? If he would permit precedent to be quoted as authority before him, would he take the exercise of mercy for his example ? When this Jeffreys shall arise he will not act on precedent, but will boldly bound over every barrier if he wish to seize his victim ; but if he were to follow precedent, he would never take one on the side of mercy. He would pursue an example of rigid severity and cruelty. Would Judge Chase have been impeached, if, in the case of Oallender, he had decided on the side of mercy ; if he had yielded to the high- wrought pretensions of Oallender ? Would he have been impeached for a misdirection, in is- suing process, had he directed a summons to issue instead of a capias? Sir, it is a phenome- non in law and judicial proceedings, that the accused should suffer now (as the counsel for the prosecution insist), in order to provide se- curity for persons who may be accused here- after ; that his rights must be taken from him, in order that others may not lose theirs ! Sir, I am not surprised that the people have been taught to believe that we mean to smother testimony. I have been told of it out of doors, and I have no doubt that such is the general opinion. This is the effect of the improper publicity given to whatever passes here. I have remonstrated against this malpractice, but in vain. We see that not a particle of intelli- gence is received, no step is taken, nothing happens here, which is not in twelve hours made public. This intelligence will be diffused, augmented, and distorted. We make no at- tempts of this sort. These reports remain un- contradicted, and excite prejudices against us. I wish to know, then, how it can be shown that we have such an object in view. Where is the proof of smothering testimony ? We de- ny the truth of the accusation. We wish not to suppress testimony, but it is our duty to op- pose the admission of what is not lawful evi- dence, since so much prejudice has been excited against the accused. Away, then, with this idea, that we wish to suppress testimony. We only claim what the law allows; and I am afraid that if he be de- prived of this right, there never will be again found, in this country, a tribunal able to fortify itself against popular clamor, or counsel suffi- ciently firm to support an unfortunate client against popular fury. I want no precedents. I want nothing but pre-eminence of virtue and 176 EDMUND RANDOLPH. talents to discern and decide. And while you are placed on the seat of justice, we fear not to meet that high tone of popularity, that popular rage which is so much, and, we say, so unjustly inflamed against us ; if not met now, it never can he met. We are told that every man is a politician, and even judges may be so hereafter. Then we shall be in danger. When they become po- litical partisans we shall be in danger. This evinces the greater necessity of adhering in- flexibly to principle. I do not wish to go beyond the seas for ex- amples, but I cannot help reminding the court of the conduct of the illustrious Mansfield. He stood, on a critical occasion, as this court stood at the beginning of this trial. I am inclined to believe that the public prejudice has relented ; but suppose it to be still in its full fury, the situ- ations are similar. . When the popular frenzy was at its utmost height he had to encounter it. He displayed that unshaken firmness which this court now feels. He was unmoved by popular clamor, unawed by popular fury. He wanted no popularity but that which he was sure would follow him and survive when he was no mox-e ; that which ever pursues meritorious conduct, the high meed of virtue, which is the best stimulus to the most honorable exertions. If it Iff ere to be said th at we want authority and precedent here for this firmness of conduct, we can say that our Washington is recorded in trials not wholly diflerent. He was once in a situation where he might have been alarmed with what was called the popular voice. He was assailed by popular clamor and discontent, but he was firm to his purpose. I can only say that he would have been without a historian if he had not withstood them. An argument has been already used, which, if well understood, cannot be resisted. I feel it to be firmly established, but I hope the court will excuse me for indulging myself in further explaining the principle ; not because I deem it necessary after what has been said, but because I want the jury, this audience, and all the world to know and be impressed with what are the rights of the accused. It is this : that when a fact, essential to the guilt of the accused, does not exist, all further proceedings . against him should cease. Another circumstance has been offered to your consideration with a view of exciting the public indignation. Blannerhassett has been most piteously represented as a seduced person, and it is asked, what ! shall the seducer be ac- quitted, and the seduced be the victim? And in order to make the representation more af- fecting, and to excite our sympathy to a higher degree, the gentleman has gravely introduced his lovely wife and prattling children, his hatred of war, his love of music, of literature, and chemistry, till his, seduction by the arts of Mr. Burr.* * Vide post, Speech of Mr. Wirt. Sir, I believe that Blannerhassett is innocent I know him to be innocent, and he may defy all the efforts to be made against him. But the situation in which he is placed does not reflect criminality on Colonel Burr. Do you examine into the character and conduct of the accessory in examining the principal — as whether he were under the influence, of the principal or not? Is not this an invitation to subvert all the rules of the law ? Blannerhassett is not to be examined, but he is to be called small in guilt, because that of Mr. Burr is to be magni- fied. Th',e is done, not out of any cordiality to him, but in hatred of Burr. The question now, when he is tried as a principal, is, is he guilty or not? Did he commit the fact? Whereas, according to law, when an accessory before the fact is examined or tried, the only question is, did he abet or aid him who committed the act ? and not whether he committed the act hiniself. This argument was not addressed to you, but to those who surround this great tribunal. But the constitution, the law of England, and American decisions have been quoted, to show that the prime mover is at any distance a principal. I will examine all these; but the constitution is what I have most at heart, ond what I will first consider. Mr. Hay says that he would rather the con- stitution should perish than the rights of juries. I revere both. I revere the constitution, be- cause, among other blessings, it secures the rights of juries ; and there is no man who hears me, but is convinced that the rights in- cident to the trial by jury are secured by it. The constitution is not express upon this subject; and if it be not express, are you to narrow it? Are you to conjecture so as to create a new crime, not only in name but in substance, by introducing a new person which the constitution never contemplated, by adding " procuring " as a crime to " doing? " But we are told that the constitution has adopted terms in treason which are well known. Be it so. But it is only to tell you what is the '■Haeaa mcyestas'''' of the nation. .It tells you that the legislature should never avail them- selves of the malignant passions of the people, so as to caU that " laaa majestas" which is not so in fact. The constitution only intended the classifica- tion of crimes which should be considered as tending directly to the subversion of the gov- ernment. It was left to the legislature to say what particular acts should have this tendency, and to provide the punishment. The constitu- tion supposed that there could be only two classes of cases in which the government could be subverted: levying war, and adhering to the enemies of the country. It never could have been intended to import aid from the common law to expound the constitution. It is only a general description ; and the legisla- ture are left to provide a proper remedy for the evil. The legislature, therefore, might have declared at any time, what should be done with SPEECH m THE TRIAL OF AARON BURR. 177 an accessory before the fact. They might punish this and other accessorial offences, by a la-w coming within the sweeping clause wiiicli empowers Congress to malje all laws which shall be necessary and proper to carry their enumerated powers into effect. But the constitution is to be considered ac- cording to reason and moral right ; and both ask if a transcendent offender be to slip down into an accessory? The answer is, that if rea- son which judges of the fitness of things, moral right which gives more latitude, or even com- mon sense, be permitted to add persons accord- ing to different men's ideas of propriety, what advantage is derived from the principle which has been so long cherished, that penal laws sliall be construed strictly? What becomes of the doctrine ? What benefit can be had from the constitution containing precise terms and an express enumeration of powers, if moral right, common sense and reason, according to the diversity of human opinions, are to be ap- plied to infer and imply its meaning ? We may apply these to Eutopia, Oceana, or even the visions of Plato, or rather, the tribunal of Draco : for wherever they, or what is the same thing, men's different conceptions of them, are to determine what shallbe right construction, there will be a tribunal of blood. Language must indeed be understood as the world under- stands it; but the ideas must not be extended beyond the natural import. I will ask a man of the most common understanding, who is not connected with the cause of Colonel Burr, whether a man, at the distance of three hundred miles from the scene of operation, can be the same as the actual perpetrator? Whether a man could be charged as present at the spot, and doing an act when he was at three hundred miles' distance ? What would be his answer ? Would he not call it the grossest absurdity? Does not the very idea of law revolt at such a 3onstruction? The constitution does not impose it. The common law, the gentleman admits, does not impose it ; but common sense requires it ! So that common sense shall say absence is pi'esence, and shall consider one man- as an- other, and plunge a dagger into his breast against justice and reason! It is contrary to the com- mon understanding of the world. It is impossi- ble, in the nature of things, that a man at the distance of three hundred miles can be present. This transcends the wildest extravagance of fancy. By metaphysical legerdemain they an- nihilate space and consolidate identities ! The apprehensions which were entertained, and the dangers predicted but a short time past from construction, seem to have been soon for- gotten. If you begin so early with creating offences by mere analogy, as constructive pres- ence, where will you stop? Trace the oonse qnences of taking one man for another. Reflect how many shades and approaches there are to guilt. If you can confound these without dis- tinction, and charge a man, who commanded an act to be done by his agent, to have been 12 present and to liave done it himself; it you charge a crime directly contrary to facts, you mislead and surprise ; you are arriving at a point which will involve doctrines of treason which were never intended by the framers of the constitution. There is a passage in Hume's history which well applies to tliis subject. I do not say that it will be considered as an authority in a case of treason ; but it merits our attention as sug- gesting useful reflections with respect to the progress of guilt and the promptitude with which the agents of those in power will oppress and destroy, to gi-atify their employers. The court will recollect the conduct of Henry II. towards Thomas Becket, archbishop of Canter- bury, whom he had raised from a low station to the highest offices ; but whom he cordially hated and persecuted a long time, on account of his signal ingratitude, his haughtiness, and rigid opposition to his power, which he con- sidered to be trARo^TL. After lie naa issued sentence of excommuni- cation against some of the king's best friends, when the king was informed of it, being vehe- mently agitated, he burst into an exclamation against his servants, " whose want of zeal," he said, "had so long left him exposed to the enterprises of that ungrateful and imperious prelate." Four gentlemen of his household, taking these passionate expressions for a hint for Becket's death, immediaieiy communicated their thoughts to each other, and swearing to avenge their prince's quarrel, secretly with- drew. They took different routes, but moving in concert, and having an eye to the same end, arrived at the appointed place of meeting about the same time, and soon committed the horrid deed of assassination. Thus a supposed hint from a prince was sufiicient for the murder of the prelate. When the constitution was debated clause by clause in the convention, it was not insinuated by any of its opposers, that the construction now contended for should ever be resorted to. The idea was never advanced, that a man might be thus made a traitor by fiction and relation, and considered as constructively present and constructively an actor, though at the distance of several hundred miles from the place of action; much less that such a construction would ever be countenanced in any of our courts of justice. Not even so much as a con- jecture was hazarded to tljat effect. It never entered into my mind, nor do I believe it en- tered into that of any other member of that body. And if the common law, with this doc- trine of constructive presence, had been a part of this constitution, all the talents on earth would never have been able to have carried it. The people of Virginia thought themselves safe on this subject. The construction, now advocated, was not avowed, much less support- ed, in the State Convention. It is contended that this ought to be con- strued by the same rules as a common statutory 178 EDMUND RANDOLPH. arime. What is the reason why, when an of- fence is made felony by the statute, it has all the consequences of a felony at common law ? When the legislature declare a particular of- fence in positive terms to be a felony, then it must necessarily in the nature of things, like all other felonies, partake of their incidents, nature and consequences; for it would not be a felony without having the qualities and con- ditions of a felony. But though this be the in- evitable construction when a felony is created in general terms by a statute, yet if it be not so expressed, it is not to be interpreted so as to advance the remedy. There never was a ques- tion upon it as applied to statutes in capital cases. The books are uniformly against it, be- cause penal laws must be strictly construed. The courts make an exception in favor of the accused, when there is the smallest departure from the letter of the statute. Is it not a prin- ciple that wherever a part fails to apply, the rest will be construed not to apply? If in England, a particular crime be created a felony, that is the generical description of the offence ; and by the principles of the common law, all the consequences of a felony at common law follow. So that the common law is applied to and ingrafted on the statute. But as the com- mon law does not exist in the United States, it cannot be constructively applied to treason. It is true that common law terms are adopted in the constitution and certain laws made under it ; but they are not used in reference to the common law as a system, but in the common acceptation as mere terms of art ; of which the true meaning may be found in any dictionary. And in relation to treason, the words used mean only a classification of the crime. They have no connection with the common law. How, then, is it to be interpreted ? The gen- tleman asks what the members of the conven- tion would have said of this case. I am not sure what the members of the convention would have said of this construction, nor that any in- dividual there would have said what his opin- ion was ; but this I wiU undertake to say, that there never was a more fruitful source of op- pression than this interpretation. The mem- bers of the convention would have particularly provided for such a case, if they had intended so uncommon a construction. They would have expressed it in the instrument itself, if they had contemplated a construction never heard of before ; foj you meet no instance of it in all the books. But there is no need of construction. The terms are plain. Construc- tive presence is neither expressed nor necessary to be implied. It was never thought of. But I wiU answer to the gentleman's question, what the members of the convention would have said, that, rather than that it was a ^^ casus omissus," it was not intended to punish such offences. If it be asked why it was not men- tioned, it may be answered, because it was not intended to be considered as guilt. But, with- out adopting this exposition it may be said that it was left to the future care of the legislature to enact laws on the subject and punish acts oi accessorial agency ; so that nothing should b* referred to the imagination. When laws shoidu take place, they would be understood in the plain and natural sense of the terms employed to express them. Mr. Hay and Mr. Wirt have availed them selves of a learned description of the statute o the United States, and the effect of its different clauses, in order to show the responsibility, as principal traitors, of persons standing in the situation of the accused; and that it is impos- sible that it could ever have been intended that they should escape unpunished. The legisla- ture may pass laws, at any time, to prevent their impunity ; but if they were to escape by legislative failure or want of power, it would be better than that this court should transcend its authority and construe that to be treason which is not so within the true meaning of the constitution ; which it would do, if it were to consider Colonel Burr as present and an actor. Both Mr. Hay and Mr. Wirt allege, that he ought not to be considered as an accessory; that he is the prime mover and projector ; and, therefore, he ought not to escape punishment. If he escape, is it not because the law declares that he ought to escape ? Ought they to com- plain, if the law pronounce him to be inno- cent? Is the acquittal of the accused, in a capital case, matter of regret? Ought any man to be punished but according to law ? By what rule, then, shall this question be decided? By example? Washington himself was assailed many years before he died. Jef- ferson has been also assailed ; and Robertson, whose character was above censure, was also assailed. His history was assailed ; but he left it to mankind to judge for him ; and posterity will do him justice. (See his letter to Gibbon.) And many other great and eminent characters have been in like manner assailed. So that neither virtue nor talents can secure from cen- sure and obloquy. By prudence ? What would prudence accom- plish? Criticism is severe and unjust every where ; and many, from mere motives of indo- lence, are indisposed to inquire: some from party spirit, malignity in general, and particu- lar enmity. Every thing, even what had no afiBnity to the subject, would have been raked up, that could injure Colonel Burr. By the effect? Assertion is nothing. Testi- mony, complete and satisfactory, is not to be collected. What would have been the effect of the affidavits published against him in the public prints, though taken ex parte f If be- lieved, for a moment, he ought not to have at- tended to them. The facility of denying that such a partial examination of witnesses ought to be considered an acquittal would have ren- dered his efforts unavailing. By communicating his answer to their sus- picions, to men in office ? Nothing would have led them to listen to him but curiosity. Gov SPEECH IN THE TEIAL OF AARON BURR. 176 ernment ought not to be answered till it call. All the protestations of innocence on earth woold have had no effect. They would have been as unavailing as in a case of murder ; but on every proper occasion, Burr did communi- cate and answer every call. By imparting to coniidential friends ? It will be shown that he has done this always. After he had done it, they assailed him worse. If arguments like these prevail, do not use a cob- web veil ; but give an air of magnanimity to your conduct by avowing a resolve to condemn and save trouble. Choose to be a Robespierre or a jury of Stuarts. If he make such com- munications, he is violently assailed. If he be ^lent, he is charged with mysterious conduct. It is true, that by the law of England, all per- sons concerned, principal and accessories, are equally punishable. As Mr. Hay says, the crime covers the whole ground; what is not occupied by the one is held by the other. What then? Does he mean to say, that be- cause it is not so here, because the whole ground is not covered here, you must stretch the law sufficiently to cover it ? Is this his plan for supplying omitted cases ? Suppose an act merely preparatory, as writing a letter to advise or deputing an agent to encourage by a person who had never carried arms, nor been at Blannerhassett's, nor joined them at the mouth of Cumberland or any other place, could he be indicted as a principal who had carried arms and levied war ? However unlawful such an act might be, it certainly could not amount to levying war. What the law would be on such occasion, I will not venture to say ; but I ask, where is the book that declares it to be an act of levying war ? Compare that part which you consider as authority, with that case, or that now before the court, and you will find that neither case would be treason of levying war. Though a person who forms a scheme and conducts it to maturity, and is at the head of his party, may be considered as a principal, yet he who only performs a mere preparatory act, as writing a letter, giving an advice rela- tive to the acts at Blannerhassett's island, can- not be deemed guilty of levying war. He can- not have levied war, when he has done nothing more than to advise. To advise treason, when treason is not actually begun, cannot be con- sidered more than as an accessorial act. Is there not a plain difference between these two cases? The man who instigates another to murder a man, is considered only as an accessory; be- cause not in a situation to afford immediate as- sistance to the person who perpetrates the act. If you apply this reasoning to Colonel Burr, as he was at a great distance, and could not give immediate aid to the actors, the same conclu- sion must result : that he could not be consid- ered in any other light than that of an accessory before the fact. The gentleman says that Bona- parte was not present at the battle of Auster- litz. We know that he commanded the army ; that he was on the ground ; that he directed its movements and laid the plan of the battle, as much as if he had been in the heat of the action. He was present, and the principal actor. When you consider this case according to the English decisions, you can never believe that Mr. Burr can be considered as being at Blannerhassett's island. But we are told that he is not said to be at Blannerhassett's island ; that he is not alleged to have been there. The indictment charges him with having committed treason on Blan- nerhassett's island, with a great multitude of persons traitorously assembled and gathered together, armed and arrayed in a warlike man- ner ; that he and those persons joined together at Blannerhassett's island; and that he did with them, then and there, ordain, prepare, and .%vy war against the United States. Is not this a declaration that he was present? Could he have joined them there without being present ^ with them ? You must understand most clearly, from the terms of the indictment, that he was actually there. It admits of no other construc- tion. But, sir, the American decisions have been quoted upon this point. It is said that the opinion of the Supreme Court, in the case of Bollman and Swartwout, was that any per- son " who performs any part, however minute, and however remote from the scene of action, and who is leagued in the general conspiracy, shall be considered as a traitor." The import of these words, "perform any part, however minute, or however remote from the scene of action," as meant by the Supreme Court, has certainly been misunderstood by gentlemen. Does the opinion of the Supreme Court mean by these words, "minute and remote part," that a party may be indicted as present who was absent ? or that he who did not act, but merely advised, shall be indicted as having actually performed a part ? The language ol that court does not warrant the inference that the indictment may be so drawn as to mislead, instead of giving the accused notice of the prooi to be exhibited against him, that he may pre- pare his defence. Does it mean that a person, at the distance of five hundred miles, shall be considered as present ? Does it mean that they shall be punished according to the degree of their guilt ? Does it mean to say that persons, in the character of accessories, shall be pun- ished ? Does it mean to say that there are no accessories in treason, and that all are princi- pals ? What then is the meaning of the opinion ? It must be this : by " remote from the scene of action," must be intended that any person, di- rectly and indissolubly connected with the party perpetrating the act, though not at the spot, but near enough to give immediate aid at the time and place, if necessary, is to be considered as engaged in the plot and guilty of treason. The judges viewed this subject without con- sidering the question whether a man could be a principal notwithstanding his absence. Such an idea never occurred. The constitution ought 180 EDMUND EANDOLPH. to be construed according to the plain and ob- vious import of its words. It will be in danger if there should be a departure from this con- struction. It never can be supposed that its framers intended that this fancy and imagina- tion should be indulged in its future exposition. But, say gentlemen, whether he be an acces- sory or a principal, the indictment stands right. I deny it, sir. We have the soundest reasons to say that it cannot be supported in either case. Regarding him as a principal, 'he evidence can- not support it ; and as it does not charge him as an accessory, no evidence of accessorial acts could prove it. The specification of the offence, according to the evidence to be brought to sup- port it, has been always held necessary in Eng- land, and will never be deemed less useful by the people of this country. Are we to regard Kritish forms and precedents ? You have seen what they are. There .have been several quo- tations from Hale and others on this point. But one quotation from 1 Hale, p. 238, would establish my position, were it properly under- stood, though it is relied on by them to show that an accessory before the fact may be in- dicted generally or specially. This authority shows that an accessory after the fact must be specially charged ; that the indictment against the receiver of a traitor " must be special of the receipt." But they contend that the accessory before the fact may be generally charged from these subsequent words, " and not generally that he did the thing, which may be otherwise, in case of one that is a procurer, counsellor, or fionsenter." He refers to Corner's case, as well as to Arden's case, in support of the principle that receivers of traitors must be specially charged. But he refers to no authority as to an accessory before the fact. Authorities were read yesterday, to show that indictments for receiving and procuring must stand on the same footing. Mr. Martin having so fully ex- plained them, it will be sufficient for me to ob- serve what may have escaped his notice. The words on which they found their argument, are, " which may be otherwise in case of one that is a procurer," &c. Can this passage be absurd enough to mean, that though a receiver shall be specially indicted, so as to be informed of the charge to be proved against him, yet a procurer, whose offence is more heinous, is not to be notified of the accusation against him, but may be surprised by a general charge? He does not show in what manner it is to be other- wise, nor that it shall be, but that it may be otherwise. That he intended to speak of in- dictments for comj)assing the death of the king is unquestionable. It has been already suffi- ciently shown, that such indictments charge the compassing or imagining the death of the king in general terms ; and that almost any thing, evincing an intention to kill him, or to subvert his government, is sufficient to support such a general accusation. The case in Kelynge, before referred to, sup- ports our construction ; and Hale, in the place just quoted, adds that if the receiver were to bs indicted in the same indictment with the prin- cipal offender, he ought to be " indicted special- ly of the receipt." And in the 2d vol. p. 223, heretofore quoted, he sufficiently shows that the procurer ought also to be specially charged. Sir, is it not necessary to inquire what is the consequence of the conduct of Colonel Burr ! If it be accessorial, the indictment must show the " quomodo.'''' "Why is any indictment in any case necessary? Why must indictments dis tinguish between principal actors in. treason and those who are but accessorial agents ? Be- cause it informs them of the nature of the accu- sation, and enables them to defend themselves. The indictment against the adviser or procurer ought to notify him of the act of which he is considered the indirect perpetrator. You must show the manner in which he is liable. Nor does this doctrine rest on English au- thority alone. It is not merely formded on the common law, as has been urged. It is sup- ported by the principles of pleading, which we have adopted. The forms of pleading show the sense of comts, as guides to reason. The eighth amendment of the constitution also requires it. It not only secures the enjoyment "of a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been coinmitted," but also that the ac- cused "shall be informed of the nature and cause of the accusation, confronted with the witnesses against him," &c. Consider this subject attentively. Reflect on the mode of prosecution which is advocated, and see whether it do not deprive us of this constitutional privilege. The language of any man, addressed to the accused on this subject, would be, " You are charged with treason, but you are to be informed of the nature and cause of the accusation, so as to enable you to pre- pare your defence." The indictment is shown him. It tells him that he actually levied war by raising men and committing- acts on a par- ticular day and at a particular place. Knowing his innocence of the charge, he pleads not guilty, and produces testimony to prove that he was not there ; that during the whole time he was many hundred miles distant, or perhaps beyond sea. Against all this, when he comes to be tried, he is told, "It was not you that raised the army. We do not mean that you were there in person. You needed not to have summoned twenty or thirty witnesses to prove that you were not present. But you did what we insist is the same thing as levying war. You wrote a letter, in which you advised the thing to be done." He would very naturally answer, " If that be your meaning, I have been misled and deceived; I am not prepared for trial, and I pray that the cause may be con- tinued." But he is told, " Your prayer cannot be granted. The jury are sworn, and you must take your trial." Now, sir, should it be in the power of any government thus to mislead and destroy any SPEECH IN THE TRIAL OF AARON BURR. 18i man it may select for its victim ? (I do not pretend to say that such is the disposition of this government ; nay, I am sure that it is not.) But no child, who could read the constitution, would suppose that it could he ever so con- strued. Yet, sir, what habies we were if we expected the constitution to be thus correctly construed! If this construction be adopted and this species of indictment admitted, it will pervert this very palladium of our safety into an instrument of destruction. Mr. Hay knows that I intend nothing offensive to him; but when he tells me that his indictment fits this case, ho deceives us. He deludes us into a trial in ignorance of the accusation, and drags as blindfold to the scaffold. This is the most intolerable hardship. Examine history from the beginning of the world, you will find noth- ing like the character of an American legisla- ture, who, professing to be the votaries of lib- erty, and to admire the principles of a free constitution, would permit such horrid oppres- sion of their citizens; to keep them in the dark, to hold out the semblance of security to innocence, but to expose it to inevitable de- struction! Sir, I could mention a thousand acts of oppression that would not be so severe as this. The party accused is entrapped and ensnared. He is taken by surprise, and forced into a trial with the rope round his neck, with- out any means of preparation or defence. This is substance ; not a phantom of the imagination. The forms of trial, the instruments of nominal justice, are to be wrought up into an engine of destruction. We call on you as guardians of this constitution, as far as depends on your acts, to preserve it from violation. I ask you to re- member the difficulty of repairing the mischiefs of an oppressive construction, and permitting, unopposed, encroachments on the dearest privi- leges of the people. If this attempt be success- ful, where will persecution stop? If this be correct, fate has sealed it in your mind, and the law is only to force it. I feel myself so much roused by the idea of the effect that this doc- trine would have, that did I not know that it came from a pure source, without any intention to injure or oppress, I would be alarmed. I would say, as Paul said to Agrippa, Believest thou in the constitution ? I know thou dost. I ask you to save this rook of our salvation. For myself I do not care. I have not much to care, with respect to the remainder of my life. But for my children I feel the affection and so- licitude natural to a parent ; and for my coun- try, those sentiments of patriotism which be- come every good citizen. Let not the great palladium of public liberty be undermined. I pray you that the rights of the citizen may not be immolated at the shrine of faction and per- secution ; that innocence may not be ingulfed by the adoption of the doctrine of the prosecu- tors. American judges never can do this. I was going to use language too strong; Ameri- c,an judges dare not do it. [Mr, Randolph here replied to. several argu- ments of the opposite counsel ; he then conclud- ed his speech as follows.] Let me add a few words with respect to the necessity of force, to what has been already said on that subject. According to what has been often observed in the course of this trial, the crime consists of the beginning, the pro- gress, and consummation, in the course of which some force must be exhibited. A man might begin a crime and stop short, and be far from committing the act. He might go on one step still further, without incurring guUf. It is only the completion of the crime that the law punishes. Suppose an army were embodied by Mr. Burr, and they only assembled and sepa- rated without having committed any act ; what would the government have to complain of? When they punish a man for murdering an- other, it is because he is dead. When a man is punished for a robbery, it is because a per- son has been put in fear and his property taken from him without his consent. So it is with respect to every other crime ; while it is in an incipient state it is disregarded. No person is punishable who is only charged with such an inchoate incomplete offence. The intention is never punished. In such cases time is allowed for repentance, at any time before its consum- mation. Such an offence as this is never pun- ishable, unless in the case of a conspiracy ; and even on a prosecution charging that offence specially, the act of conspiring must be satisfac- torily established. Here no injury has arisen to the commonwealth. No crime has been perpetrated. The answer to this is, that there were preparations to commit it. As far as communications have been made to the govern- ment, there is no possibility of proving a com- plete act, yet those accused must be punished. Then their rule of law is, that wherever there is a beginning of a crime, it shall be punished lest it should grow to maturity ! Is this the spirit of American legislation and American justice? Is it the spirit of its free constitution to consider the germ as the consummation of an offence ? the intention, so diflBcult to be as- certained and so (3asy to be misrepresented and misunderstood, as the act itself? In such a system it may be a source of lamentation that no more than death can be inflicted on the completion of the crime. Death, death, is to be the universal punishment, the watchword of humane legislation and jurisprudence! When we mentioned the idea of force, I was not a little amazed at the manner in which they attempted to repel the argument. It was said that they were prepared to show potential force ; that fear was used ; that an assemblage was drawn together to act on the fears of the people. This fear begins at New Orleans, mounts the Mississippi against the stream, and fixes itself at Blannerhassett's island. Henry IV. fell a sacrifice to the predictions of the Jesuits. They determined to destroy him, and predicted that he would fall ; and he did fall, I may safely admit that fear really existed at 182 EDMUND BANDOLPH. New Orleans, because the man who was inter- ested to excite it had it in his power most effectually to do so. A great conspiracy with vast numbers and means is feigned. A particu- lar day is announced as the time of attack. The militia are brought together. They " sur- round the city, spread the alarm in the coffee- houses and other public places; guard the river, for they are coming in the next flood of the Mississippi." Thus terror and apprehension were excited by every stratagem imaginable. Are' weito be sacrificed by base and insidious arts like these ? by the artifices of a man inter- ested in our destruction to effect his ovm pre- servation? I have done, sir. I find myself hurt that I could not give a greater scope to my feelings on this aU-important subject. I will only add one remark, which I hope will be excused and considered as applying to aU who occupy the Baored seat of justice. Judges have passed through the temple of virtue and arrived at that of honor ; but we find that it is a just de- cree from the free will of the people, that the floor of that temple is slippery. Some may suppose that because the wheel of fortune is not seen immediately to move, it is at rest. The rapidity deceives the sight. He who means to stand firm in that temple must place his hand on the statue of wisdom, the pedestal of which is a lion. These are the only qualities by which ttey can be useful in their honorable station. Popular effusion and the violence and clamor of party they will disregard. It is the more necessary, as judges may hereafter mingle in politics; and they are but men, and the peo- ple are divided into parties. In the conflicts of political animosity, justice is sometimes for- gotten or sacrificed to mistaken zeal and preju- dice. We look up to the judiciary to guard ns. One thing I am certain of, that you will not look at consequences; that you will deter- mine "flat jitstiUa," let the result be what it may. // y'? ^-^ -Zrz/^ IT.T, D.Apjloton. St CO ALEXANDER HAMILTON. Abotit the year 1730, " Alexander Hamilton, of Grange," in Ayrshire, Scotknd, married Elizabeth, the eldest daughter of Sir Robert Pollock, by whom he had several children. James, the father of the subject of the present sketch, was the fourth son. Being bred a merchant, he emigrated to the "West Indies in search of fortune ; but, through a too liberal and " easy temper," met with severe reverses, and subsequently lived in pecuniary dependence. He married a daugh- ter of Faucette, one of the Huguenots who fled from France on the revocation of the edict ot Nantes, and had several sOns, of whom Alexander was the youngest. Alexander Hamilton was born in Kevis, one of the British "West Indian islands, on the eleventh of January, 1757. On the decease of his mother, which occurred while he was quite young, he was placed with one of her relatives, who resided at Santa Cruz. Here he acquired the rudiments of the French and English languages, the former of which he afterwards wrote and spoke with the ease and fluency of a native. He early displayed an ardent fondness for literary pursuits, became a lover of books, and devoted his hours to miscellaneous reading, un- der the guidance of Doctor Knox, a respectable Presbyterian clergyman, " who, delighted with the unfolding of his mind, took a deep interest in his welfare." In 1769 he was placed in the counting-room of Mr. Nicholas Oruger, a wealthy and most worthy merchant of Santa Oruz. In this capacity he manifested the greatest fidelity and atten- tion, which soon attracted the attention of his patron. But he aspired to a loftier position. The " inward promptings of his mind " looked far beyond the details of his avocation. In a letter to one of his schoolfellows, written about this period, he said, " I contemn the grovelling condition of a clerk, or the like, to which my fortune condemns me, and would willingly risk my life, though not my character, to exalt my station. I am confident that my youth excludes me from any hopes of immediate preferment, nor do I desire it ; but I mean to prepare the way for fu- turity." Such was the purpose of Hamilton at the age of twelve years! He continued his stu- dies during the few leisure hours he could command from his laborious mercantile duties, per- fecting himself in mathematics, ethics, and general biography. Among his favorite authors were Pope and Plutarch, on the last of which he prepared several curious notes and observa- tions. He also often exercised his powers in composition on various subjects. On the occasion of the terrific hurricane which swept over the Leeward Islands, in the autumn of 1772, before its effects had passed away, he prepared a description of the scene, which was published in the neighboring island of St. Christopher's, where it excited universal attention, and finally led to his future preferment. His friends and patrons, on learning that he was the author of the " ele- gant and precise description," determined to send him to New York for the purpose of acquiring a more thorough education. He left the "West Indies a short time after, and arrived at Boston in the month of October, 1772. From thence he proceeded to New York, where he at once en- tered into the society of its most learned and distinguished families. Soon after he was placed in the celebrated grammar school at Elizabethtown, New Jersey, which was then under the patronage of Governor Livingston and Elias Boudinot, and the imme- diate supervision and instruction of Francis Barber, afterwards a distinguished and accomplished 184 ALEXANDER HAMILTOK. officer in the American army. Finishing his preparatory studies, he entered King's (now Co- lumbia) College, where he soon "gave extraordinary displays of richness of genius and energy of mind." While in college Hamilton continued his habit of composition with great application and suc- cess. Some of his poetical productions are still extant, and evince no ordinary merit. Hia talent for sa,tire was also exercised at this time. " John Holt, who then published a Whig paper in New York," says Troup, "had, by his zeal in the American cause, drawn upon himself the invectives of aU the ministerial writers ; these invectives Hamilton burlesqued in doggrel rhyme, with great wit and humor. He also presented me with a manuscript of fugitive poetry, which I considered as a strong evidence of thi elasticity of his genius, and have often lamented that it was lost with my books and papfers duriig the war." On the sixth of July, 1774, "the great met'ing in the fields" was holden, to consider the rights of the colonies, and resist the tyramiy of the Boston Port Bill, the earliest manifestation of the British Ministry's policy of compulsion. Here Hamilton appeared and first took part in the public deliberations. "The novelty of the atten^it,'' says his son, "his youthful counte- nance, his slender and diminutive form, awakened curiosity and arrested attention. Overawed by the scene before him, he at first hesitated and faltered ; but as he proceeded, almost uncon- sciously, to utter his accustomed reflections, his mind warmed with the theme, his energies were renewed, and after a discussion clear, cogent, and novel, of the great principles involved in the controversy, he depicted, in glowing colors, the long-continued and long-endured oppressions of the mother country ; he insisted on the duty of resistance, pointed to the means and certainty of success, and described the waves of rebellion sparkling with fire, and washing back on the shores of England the wrecks of her power, her wealth, and her glory. The breathless silence ceased as he closed, and the whispered murmur, 'It is a collegian! it is a collegian!' was lost in loud expressions of wonder and applause at the eloquence of the young stranger." In the winter of 1774 and early part of the year 1775, he published, anonymously, some powerful ar- guments favoring the pacific measures of defence recommended by Congress, and encouraging the policy of domestic manufactures as the means of rendering less necessary the use of foreign commerce. He also insisted upon the rights of the colonies to constitutional freedom, trial by jury, and freedom from taxation, except by their own consent. In this discussion he was op- posed by Dr. Cooper, the President of the college of which he was a member, and many othei wits and politicians of the ministerial side of the question, all of whom pronounced it absurd to suppose that so young a man as Hamilton could be their opponent. He was thenceforward the oracle of the patriots, and as such was beloved and honored by them. On the commencement of the war in 1775, Hamilton was among the first to turn his atten- tion to active military service. While yet a collegiate, he joined a body of volunteer militia in New York, and reduced his knowledge of the art of war to practice. In March, of the fol- lowing year, having been appointed" captain of a company of artillery, he entered the service and soon after attended at the battle on Long Island. His conduct at the action at White Plains, on the twenty-eighth of October of the same year, won the applause of Washington, and after the battles of Trenton and Princeton, in which he displayed unusual mihtary talent and bravery, he was appointed to his staff, with the rank of lieutenant-colonel. He remained in the family of Washington until the spring of 1781, and during that severe and eventful pe- riod became the commander-in-chiefs "principal and most confidential aid." He was a wel- come associate with the oflBeers of the army, and by his brilliant genius, the frankness of his disposition and the kindness of his heart, won the esteem and admiration of all around him. During this period, a jjrinoipal portion of the correspondence of Washington devolved upon Colonel Hamilton. "The pen for our army," says Troup, "was held by Hamilton; and for dignity of manner, pith of matter and elegance of style. General Washington's letters are un- rivalled in military annals." After the surrender of Burgoyne, in the fall of the year 1777, Hamilton was deputized to proceed to Albany, to procure from General Gates a reinforcement of troops, then necessary to reduce General Howe, who at that time held possession of Philadelphia. This negotiation he ALEXANDER HAMILTON. 186 consummated with the greatest ability and judgment. At the battle of Monmouth, which oc- curred, in the month of June following, he was on the field under the Marquis Lafayette, and displayed the greatest activity, skill and courage. The same year he was selected to meet the British commissioners for consultation respecting a general exchange of prisoners. Hamilton now turned his attention to the finances of his country, which had become involved in great disorder. The depreciation of paper money, which had been issued in enormous quanti- ties, destroyed public faith and credit, and the government and army were reduced to the severest distress and want. This pressure was more severely felt at head-quarters. Hamilton's position in the family of Washington gave him an opportunity of judging of its effect upon his chief, and he realized the necessity of immediate and decisive relief. In this situati^on he addressed an anonymous letter to Robert Morris, one of the first commercial gentlemen of the period, and then a delegate to Congress from Pennsylvania, in which he suggested a plan to place the finan- cial afiairs of the country upon a firm basis. The restoration of depreciated paper money, the currency and good faith of the country was to be brought about in a foreign loan, to the extent of two millions sterling, assisted by a vigorous taxation, and a United States Bank, to be sup- ported by foreign as well as by domestic loans in the depreciated currency at a very low ratio. This bank was to be continued ten years, and was to rest on the basis of public and private faith — was to form the medium of circulation, absorb the depreciated paper, and supply the requisite loans to the government. This plan was in p-. rt adopted by Congress, througli the agency of the Bank of Pennsylvania, a voluntary institution, which on the twenty-second ot June, 1780, was reported to Congress and received their patronage. About this time Hamilton addressed a letter to Mr. Duane, a member of Congress from New York, in which he suggested the idea of a general convention for the reorganization of the government, and indicated the mode of urging its necessity upon the minds of the people, by " sensible and popular writings, which should conform to the views of Congress : " thus hinting at the idea which originated the Federalist, whose far-reaching views on national polity so eminently aided in the adoption of the present Federal Constitution. This is, without doubt, the ablest production on the afiairs of the Union that appeared during the Revolution."^ Colonel Hamilton married the second daughter of General Schuyler on the fourteenth of December, 1780, and from that time became a citizen of the State of New York. In the following February he left the family of General Washington, but still continued in the army. Being now relieved from the duties" of an aid, he again turned his attention to the situation of the country, which was then encompassed with difiSculties and dangers. The public credit was hastening to an unfavorable termination. In this crisis he submitted the plan of a national bank to Mr. Morris, the superintendent of finance, as the only alternative that could give a sound paper credit to government and render it successful and safe. This plan was laid before Congress on the seventeenth of May ; on the twenty-sixth it was adopted, and soon after in- corporated under the name of the Bank of North America. That institution, with the aid of the Bank of Pennsylvania, which had been established during the previous year, was of ines- timable service in restoring the credit of the country, developing its resources, and carrying on the concluding scenes of the war. This year Hamilton commenced a series of essays, under the title of The Gontinentalist, in which he examined and discussed the features of the origi- nal confederacy, and enumerated the powers with which it ought to be clothed. The later num- bers of this series were not prepared until after the siege of Yorktown, at which Colonel Ham- ilton was present. After his retirement from the family of Washington,'iie was exceedingly solicitous to obtain a separate command in some light corps. This desire was at last gratified, and he was attached to the division under the command of his friend the Marquis Lafayette, and distinguished himself in leading a night attack' upon the British redoubts at Yorktown. This was the last act of Colonel Hamilton's military life. On the termination of the active duties of the war, he com- menced the study of the law, and in 1782 was admitted to the bar of the Supreme Court of New • Life of Alexander Hamill m, by Lis son, vol. 1, pp. 284-305. 186 ALEXANDER HAMILTON". Yoi-k. In the summer of the same year he was appointed a delegate to Congress, by the legis- lature of New York, and in the subsequent November took his seat in that body, where he continued until the autumn of the next year. In this station he manifested the strongest and most disinterested zeal for the welfare of the country, in upholding the honor of the government against the attacks of the discontents of the army and the clamor of public creditors. On the return of peace, and after the recovery of New York in the fall of 1783, he resumed the practice of law ; but the public affairs still occupied his thoughts. In the latter part of the year 1784, his celebrated pamphlets, addressed " to the considerate citizens of New York," over the signature of Phocion, excited universal attention, and drew forth able replies, under the signa- tures of Anti-Phocionite, Mentor, and others. Colonel Hamilton did not remain long out of public life. In 1786 he was elected to the General Assembly from the city of New York, and distinguished himself by his efforts to avert the dangers and evils that hung over the country. His services in settling the difficulties which existed at that time consequent upon the independence of Vermont, were eminent; and the devotedness he displayed in recommending the establishment of a federative republic, was prompt and energetic. He was appointed to attend the convention at Philadelphia in 1787, and after the adoption of the federal constitution by that body, he urged its ratification by an expla- nation and vindication of its principles, in that celebrated and immortal work, The Federalist.* On the meeting of the New York convention, Colonel Hamilton appeared as a member. The active part he had taken in the formation of the constitution, and his familiarity with its princi- ples, rendered his situation one of great responsibility. This he sustained with the highest ability and success. His speeches on that occasion evince the wisdom of the commentator and the eloquence of the finished orator. In 1789, Colonel Hamilton was placed at the head of the United States Treasury, where he remained until January, 1795. His success in restoring the public confidence, and placing the financial affairs of the nation upon a sure and solid foundation, is too well known to require notice here. "How he fulfilled the duties of such a place, at such a time," said the matchless Webster, " the whole country perceived with delight, and the whole world saw with admira- tion. He smote the rock of the national resources, and abundant streams of revenue gushed forth. He touched the dead corpse of the public credit, and it sprung upon its feet. The fabled birth of Minerva, from the brain of Jove, was hardly more sudden or more perfect than the financial system of the United States, as it burst forth from the conceptions of Alexander Hamilton." t The war between England and the republic of France broke out during the period of Hamilton's secretaryship. As a member of Washington's cabinet, he advocated the proclama- tion of neutrality, and supported it in a series of vigorous and elaborate essays, under the signatures of No JaeoMn and Pacificus. He also rendered signal service in advising the mission of Mr. Jay in 1794, and on the negotiation and completion of his treaty, he vindicated its wisdom and justice, t He had now returned to the practice of his profession, and was enjoying an extraordinary share of business. As a commercial lawyer he was a great favorite with the New York merchants; and his profound knowledge in the law of nations, joined to his sterling qualities of mind and eloquence, placed him in the first rank of his profession. In the early part of 1798, Colonel Hamilton again took up his pen in defence of his country. At this time he published a series of essays, under the title of Titiis Manlius, in which ho exposed the danger which was to be anticipated from the hostile position of France, and urged the necessity of determined resistance to the many depredations which were then committed npon American commerce, under the sanction and encouragement of that country. His suggestions were so correct, and his conclusions so just, that they were ultimately carried into execution, and won the applause of his countrymen. On the establishment of a provincial army * Vide note at page 126. t Works of Daniel Webster, vol. 1, page 199. % Vide Gamiilus, Works of Alexander HamUton. THE FEDERAL CONSTITUTIOIT. 187 iu 1798, he was appointed inspector-general— a trust which did not prevent the practice of his profession, which he continued until his death, which occurred in a duel with Aaron Burr, on the twelfth of July, 1804. The particulars of this event are too familiar for repetition in this place. THE FEDERA.L CONSTITUTION. In the Convention of New York, on the twentieth of June, 1788, the second section of the first article of the constitution having been read, and the following amendment proposed, " Hesohed, That it is proper that the number of representatives be fixed at the rate of one for every twenty thousand inhabitants, to be ascertained on the principles mentioned in the second section of the first article of the con- stitution, until they amount to three hundred ; after which, they shall be apportioned among the States, in proportion to the number of in- habitants of the States respectively : and that before the first enumeration shall be made, the several States shall be entitled to choose double the number of representatives for that pur- pose, mentioned in the constitution;" Mr. Ham- ilton addressed. the convention as follows: Me. Chaiemak: The honorable member, who spoke yesterday, went into an explanation of a variety of circumstances to prove the ex- pediency of a change in our national govern- ment, and the necessity of a firm union ; at the same time, he described the great advantages which this State, in particular, receives from the confederacy, and its peculiar weaknesses when abstracted from the Union. In doing this, he advanced a variety of arguments, which deserve serious consideration. Gentlemen have this day come forward to answer him. He has been treated as having wandered in the flowery fields of fancy; and attempts have been made to take ofi' from the minds of the committee that sober impression which might be expected from his arguments. I trust, sir, that observations of this kind are not thrown out to cast a light air on this important sub- ject, or to give any personal bias on the great question before us. I will not agree with gen- tlemen who trifle with the weaknesses of our country, and suppose that they are enumerated to answer a party purpose, and to terrify with ideal dangers. No ; I believe these weaknesses to be real, and pregnant with destruction. Yet, however weak our country may be, I hope we bhall never sacrifice our liberties. If, there- fore, on a full and candid discussion, the pro- posed system' shall appear to have that ten- dency, for God's sake, let ns reject it. But' let us not mistake words for things, nor accept doubt- ful surmises as the evidence of truth. Let us consider the constitution calmly and dispassion- ately, and attend to those things only which merit consideration. No arguments drawn from embarrassment or inconvenience ought to prevail upon us to adopt a system of government radically bad; yet it is proper that these arguments, among others, should be brought into view. In doing this, yesterday, it was necessary to reflect upon our situation; to dwell upon the imbecility of our Union ; and to consider whether we, as a State, could stand alone. Although I am persuaded this convention will be resolved to adopt no- thing that is bad, yet I think every prudent man will consider the merits of the plan in connec- tion with the circumstances of our country; and that a rejection of the constitution may in- volve most fatal consequences. I make these remarks to show, that though we ought not to be actuated by unreasonable fear, yet we ought to be prudent. This day, sir, one gentleman has attempted to answer the arguments advanced by my hon- orable friend ; another has treated him as hav- ing wandered from the subject. This being the case, I trust I shall be equally indulged in reviewing the remarks which have been made. Sir, it appears to me extraordinary, that while gentlemen in one breath acknowledge that the old confederation requires many mate- rial amendments, they should in the next deny that its defects have been the cause of our po- litical weakness, and the consequent calamities of our country. I cannot but infer from this, that there is still some lurking, favorite imagi- nation, that this system, with corrections, might become a safe and permanent one. It is proper that we should examine this matter. We con- tend that the radical vice in the old confedera- tion is, that the laws of the Union apply only to States in their corporate capacity. Has not every man who has been in our legislature ex- perienced the truth of this position ? It is in- separable from the disposition of bodies who have a constitutional power of resistance, to examine the merits of a law. This has ever been the case with the federal requisitions. In this examination, not being furnished with those lights which directed the deliberations of the general government, and incapable of embracing the general interests of the Union, the States have almost uniformly weighed the requisitions i by their own local interests, and have only ex- 188 ALEXANDER HAMILTON. ecuted them so far as answered their particular convenience or advantage. Hence there have ever been thirteen different bodies to judge of the measures of Congress — and the operations of government have been distracted by their taking different courses. Those which were to be benefited, have complied with the requisi- tions; others have totally disregarded them. Have not all of us been witnesses to the un- happy embarrassments which resulted from these proceedings? Even during the late war, while the pressure of common danger con- nected strongly the bond of our Union, and incited to vigorous exertions, we felt many dis- tressing effects of the impotent system. How have we seen this State, though most exposed to the calamities of the war, complying, in an unexampled manner, with the federal requisi- tions, and compelled by the delinquency of oth- ers to bear most unusual burdens. Of this truth, we have the most solemn proof on our records. In 1779 and 1780, when the State, from the ravages of war, and from her great exertions to resist them, became weak, distressed, and forlorn, every man avowed the principle which we now contend for; that our misfortunes, in a great degree, proceeded from the want of vigor in the continental government. These were our sentiments when we did not specu- late, but feel. "We saw our weakness, and found ourselves its victims. Let us reflect that this may again, in all probability, be our sitaation. This is a weak State ; and its relative station is dangerous. Your capital is accessible by land, and by sea is exposed to every daring invader ; and on the north-west, you are open to the in- roads of a powerful foreign nation. Indeed, this State, from its situation, will, in time of war, probably be the theatre of its operations. Gentlemen have said that the non-compli- ance of the States has been occasioned by their sufferings. This may in part be true. But has this State been delinquent? Amidst all our distresses, we have fully complied. If New York could comply wholly with the requisi- tions, is it not to be supposed that the other States could in part comply ? Certainly every State in the Union might have executed them in some degree. Sut New Hampshire, who has not suffered at all, is totally delinquent: North Carolina is totally delinquent. Many others have contributed in a very small pro- portion ; and Pennsylvania and New York are the only States which have perfectly discharged their federal duty. From the delinquency of those States who have suffered little by the war, we naturally conclude, that they have made no efforts ; and a knowledge of human nature will teach us that their ease and security have been a princi- pal cause of their want of exertion. While danger is distant, its impression is weak, and while it afifects only our neighbors, we have few motives to provide against it. Sir, if we have national objects to pursue, we must have nntional revenues. If you make requisitions and they are not complied with, what is to \>« done ? It has been well observed, that to cc erce the States is one of the maddest projects that was ever devised. A failure of compli ance will never be confined to a single State. This being the case, can we suppose it wise to hazard a civil war? Suppose Massachusetts, or any large State, should refuse, and Congress should attempt to compel them ; would they not have influence to procure assistance, es- pecially from those States who are in the same situation as themselves? What picture does this idea present to our view ? A complying State at war with a non-complying State : Con- gress marching the troops of one State into the bosom of another: this State collecting aux- iliaries and forming perhaps a majority against its federal head. Here is a nation at war with itself. Can any reasonable man be well dis- posed towards a goverirtnent which makes wai and carnage the only means of supporting it- self — a government that can exist only by, the sword ? Every such war must involve the in- nocent with the guilty. This single considera- tion should be sufficient to dispose every peace- able citizen against such a government. But can we believe that one State will ever suffer itself to be used as an instrument of co- ercion? The thing is a dream — it is impos- sible — then we are brought to this dilemma : either a federal standing army is to enforce the requisitions, or the federal treasury is left with- out supplies, and the government without sup- port. What, sir, is the cure for this great evil? Nothing, but to enable the national laws to operate on individuals, in the same manner as those of the States do. This is the true rea- soning of the subject, sir. The gentlemen ap- pear to acknowledge its force ; and yet while they yield to the principle, they seem to fear its application to the government. What then shall we do ? Shall we take the old confederation as the basis of a new system ? Can this be the object of the gentlemen? Cer- tainly not. Will any man who entertains a wish for the safety of his country, trust the, sword and the purse with a single assembly or- ganized on principles so defective — so rotten I Though we might give to such a government ■ certain powers, with safety, yet to give them the fuU and unlimited powers of taxation and the national forces, would be to establish a des- potism; the deflnitipn of which is, a govern- ment in which all power is concentrated in a single body. To take the old confederation, and fashion it upon these principles, would be establishing a power which would destroy the liberties of the people. These considerations show clearly, that a government totally dififer- ent must be instituted. They had weight in the convention which formed the new system. It was seen, that the necessary powers were too great to be trusted to a single body : they therefore formed two branches, and divided the powers, that each might be a check upon the other. This was the result of their wisdom ; THE FEDERAL CONSTITUTION. 189 ftiid I presume that every reasonable man will agree to it. The more this subject is explained, the more clear and convincing it will appear to every member of this body. The fundamental I principle of the old confederation is defective — i we must totally eradicate and discard this prin- j_ ciple before we can expect an eflBoient -govern- ment. The gentlemen who have spoken to-day, have taken up the subject of the ancient con- federacies; but their view of them has been extremely partial and erroneous. The fact is, the same false and impracticable principle ran through most of the ancient governments. The first of these governments that we read of, was the Amphictyonic confederacy. The council which managed the affairs of this league, pos- sessed powers of a similar complexion to those of our present Congress. The same feeble mode of legislation in the head, and the same power of resistance in the members, prevailed. When a requisition was made, it rarely met a compli- ance ; and a civil war was the consequence. Those which were attacked, called in foreign aid to protect them ; and the ambitious Philip, under the mask of an ally to one, invaded the liberties of each, and finally subverted the whole. The operation of this principle appears in the same light in the Dutch republics. They have been obliged to levy taxes by an armed force. In this confederacy, one large province, by its superior wealth and influence, is com- monly a match for all the rest ; and when they do not comply, the province of Holland is obliged to compel them. It is observed, that the United Provinces have existed a long time ; but they have been constantly the sport of their neighbors, and have been supported only by the external pressure of the surrounding powers. The policy of Europe, not the policy of their government, has saved them from dissolution. Besides, the powers of the Stadtholder have served to give an energy to the operations of this government, which is not to be found in ours. This prince has a vast personal influence: he has independent revenues: he commands an array of forty thousand men. The German confederacy has also been a per- petual source of wars. They have a diet, like our Congress, who have authority to call for supplies : these calls are never obeyed ; and in time of war, the imperial army never takes the field till the enemy are returning from it. The emperor's Austrian dominions, in which he is an absolute prince, alone enable him to make head against the common foe. The members jf this confederacy are ever divided and opposed :o each other. The king of Prussia is a mem- ber ; yet he has been constantly in opposition to the emperor. Is this a' desirable govern- ment? I might go more particularly into the discus- sion of examples, and show that, wherever this fatal principle has prevailed, even as far back as the Lyoian and Achsean leagues, as well as the Amphictyonic confederacy, it has proved the destruction of the government. But I think observations of this kind might have been spared. Had they not been entered into by others, I should not have taken up so much of the time of the committee. No inference can be drawn from these examples, that repul> lies cannot exist: we only contend that they have hitherto been founded on false principles. We have shown how they have been conducted, and how they have been destroyed. Weakness in the head has produced resistance in the members : this has been the immediate parent of civil war ; auxiliary force has been invited ; and a foreign power has annihilated their liber- ties and their name. Thus Philip subverted the Amphictyonic, and Rome the Achsean re- public. We shall do well, sir, not to deceive ourselves with the favorable events of the late war. Common danger prevented the operation of the ruinous principle, in its full extent : but, since the peace, we have experienced the evils ; we have felt the poison of th.e system in its un- mingled purity. Without dwelling any longer on this subject, I shall proceed to the question immediately before the committee. In order that the committee may understand clearly the principles on which the general con- vention acted, I think it necessary to explain some preliminary circumstances. Sir, the natural situation of this country seems to divide its interests into diflferent classes. There are navigating and non-navigat- ing States — the northern are properly the navi- gating States: the southern appear to possess neither the means nor the spirit of navigation. This difference of situation naturally produces a dissimilarity of interests and views respecting • foreign commerce. It was the interest of the northern States, that there should be no re- straints on their navigation, and that they should have full power, by a majority in Con- gress, to make commercial regulations in favor of their own, and in restraint of the navigation of foreigners. The southern States wished to impose a restraint on the northern, by requiring that two-thirds in Congress should be requisite, to pass an act in regulation of commerce : they were apprehensive that the restraints of a navi- gation law would discourage foreigners, and by obliging them to employ the shipping of the northern States, would probably enhance their freight. This being the case, they insisted strenuously on having this provision engrafted in the constitution; and the northern" States were as anxious in opposing it. On the other hand, the small States, seeing themselves em- braced by the confederation upon equal terms, wished to retain the advantages which they already possessed: the large States, on the con- trary, thought it improper that Rhode Island and Delaware should enjoy an equal suffrage with themselves : from these sources a delicate and difiioult contest arose. It became neces- sary, therefore, to compromise ; or the conven- 190 ALEXANDER HAMILTON. tion must have dissolved without effecting any thing. Would it have been wise and prudent in that body, iu this critical situation, to have deserted their country ? No. Every man who hears me — every wise man in the United States, would have condemned them. The convention were obliged to appoint a committee for accom- modation. In this committee the arrrangement was formed as it now stands ; and their report was accepted. It was a delicate point ; and it was necessary that all parties should be in- dulged. Gentlemen will see, that if there had not been unanimity, nothing could have been done : for the convention had no power to es- tablish, but only to recommend a government. Any other system would have been impractica- Dle. Let a convention be called to-morrow — let them meet twenty times ; nay, twenty thou- sand times : they will have the same difficulties to encounter; the sam^ clashing interests to reconcile. But, dismissing these reflections, let us con- sider how far the arrangement is in itself enti- tled to the approbation of this body. We will examine it upon its own merits. The first thing objected to is thai clause which allows a representation for three-fifths of the negroes. Much has been said of the im- propriety of representing men who have no will of their own. Whether this be reasoning or declamation I will not presume to say. It is the unfortunate situation of the southern States to have a great part of their population, as well as property, in blacks. The regulation com- plained of was one result of the spirit of accom- modation which governed the convention, and without this indulgence no union could possibly have been formed. But, sir, considering some peculiar advantages which we derive from them, it is entirely just that they should be gratified. The southern States possess certain staples, tobacco, rice, indigo, &c., which must be capital objects in treaties of commerce with foreign nations, and the advantage which they necessarily procure in these treaties will be felt throughout all the States. But the justice of this plan will appear in another view. The best writers on government have held that representation should be compounded of per- sons and'property. This rule has been adopted, as far as it could be, in the constitution of New York. It will, however, by no means be ad- mitted, that the slaves are considered alto- gether as property. They are men, though degraded to the condition of slavery. They are persons known to the municipal laws of the States which they inhabit, as well as to the laws of nature. I5ut representation and taxa- tion go together, and one uniform rule ought to apply to both. Would it be just to compute 1 these slaves in the assessment of taxes, and ; discard them from the estimate in the appor- tionment of representatives ? Would it be just to impose a singular burden without conferring some adequate advantage? A notlicr cii'cumst.ince ought to be considered. The rule we have been speaking of is a general rule, and applies to all the States. Now, you have a great number of people in your State which are not represented at all, and have no voice in your government; these will be in- cluded in the enumeration — not two-fifths nor three-fifths, but the whole. This proves that the advantages of the plan are not confined to the southern States, but extend to other parts of the Union. I now proceed to consider the objection with regard to the number of representatives, as it now stands ; I am persuaded the system, in this respect, stands on a better footing than the gentlemen imagine. It has been asserted that it will be in the power of Congress to reduce the number. I acknowledge that there are no direct words of prohibition. But I contend that the true and genuine construction of the clause gives Con- gress no power whatever to reduce the repre- sentation below the number, as it now stands. Although they may limit, they can never di- minish the number. One representative for every thirty thousand inhabitants is fixed as the standard of increase, till; by the natural course of population, it shall become necessary to limit the ratio. JProbably, at present, were this standard to be immediately applied, the representation would considerably exceed sixty- five. In three years it would exceed one hun- dred. If I understand the gentleman, they contend that the number may be enlarged, or may not. I admit that this is in the discretion of Congress, and I submit to the committee, whether it be not necessary and proper. Still, I insist that an immediate limitation is not probable, nor was it in the contemplation of the convention. But, sir, who will presume to say to what precise point the representation ought to be increased? This is a matter of opinion, and opinions are vastly different upon the subject. A proof of this is drawn from the representations in the State legislatures. In Massachusetts the assembly consists of about three hundred; in South Carolina, of nearly one hundred; in New Tork there are sixty- five. It is observed generally, that the number ought to be large ; let the gentlemen produce their criterion. I confess it is difficult for me to say what number may be said to he suffi- ciently large. On one hand it ought to he con- sidered that a small number will act with more facility, system, and decision; on the other, that a large one may enhance the difficulty o£, corruption. The Congress is to consist, at first, of ninety-one members. This, to a reasonable man, may appear to be as near the proper me- dium as any number whatever; at least, for the present. There is one source of increase, also, which does not depend upon any construc- tions of the constitution ; it is the creation o' new States. Vermont, Kentucky, and Frank- lin will probably become independent: new members of the Union will also be formed from the' unsettled tracts of western territory. The^ii THE FEDERAL CONSTITUTION. 191 must be represented, and will all contribute to swell the federal legislature. If the whole number in the United States be, at present, three millions, as is commonly supposed, ac- cording to the ratio of one for thirty thousand, we shall have, on the first census, a hundred representatives. In ten years thirty more will be added, and in twenty-flve years the number will double ; then, sir, we shall have two hun- di-ed, if the increase goes on in the same pro- portion. The convention of Massachusetts, who made the same objection, have fixed upon this number as the point at which they chose to limit the representation. But can we pro- nounce with certainty that it will not be expe- dient to go beyond this number? We cannot. Experience alone must determine. This mat- ter may, with more safety, be left to the dis- cretion of the legislature, as it will be the in- terest of the large and increasing States of Massachusetts, New York, Pennsylvania, &c., to augment the representation. Only Connec- ticut, Rhode Island, Delaware, and Maryland, can be interested in limiting it. "We may, therefore, safely calculate upon a growing rep- resentation, according to the advance of popu- lation and the circumstances of the country. The State governments possess inherent ad- ' vantages which will ever give them an influence and ascendency over the national government, and wUl for ever preclude the possibility of federal encroachments. That their liberties in- deed can be subverted by the federal head is repugnant to every rule of political calculation. Is not this arrangement then, sir, a most wise and prudent one? Is not the present repre- sentation fully adequate to our present exigen- cies, and suiflcient to answer all the purposes of the Union ? I am persuaded that an exam- ination of the objects of the federal government wiU afford a conclusive answer. Many other observations might be made on this subject, but I cannot now pursue them, for I feel myself not a little exhausted; I beg leave, therefore, to waive for the present the further discussion of the question. On the 21st Mr. Hamilton continued his re- marks as follows : When I had the honor to address the com- mittee yesterday, I gave a history of the cir- cumstances which attended the convention, when forming the plan before you. I endeav- ored to point out to you the principles of ac- commodation on which this arrangement was made, and to show that the contending inter- ests of the States led them to establish the rep- resentation as it now stands. In the second place, I attempted to prove, that in point of number, the representation would be perfectly secure. Sir, no man agrees more perfectly than myself to the main principle for which the I gentlemen contend. I agree that there should ! be a broad Democrstic branch in the national legislature. But this matter, sir, depends on circumstances. It is impossible, in the first instance, to be precise and exact with regard to the number, and it is equally impossible to de- termine to what point it may be proper in fu ture to increase it. On this ground I am dis- posed to acquiesce. In my reasonings on the sub- ject of government I rely more on the interests and opinions of men than on any speculative parchment provisions whatever. I have found that constitutions are more or less excellent as they are more or less agreeable to the natural operation of things. I am therefore disposed not to dwell long on curious speculations, or pay much attention to modes or forms, but to adopt a system whose principles have been sanctioned by experience, adapt it to the real state of our country, and depend on probable reasonings for its operation and result. I con- tend that sixty-five and twenty-six in two bodies afford perfect security in the present state of things, and that the regular progressive enlargement, which was in the contemplation of the general convention, will not leave an ap- prehension of danger in the most timid and suspicious mind. It will be the interest of the large States to increase the representation. This will be the standing instruction to their delegates. But, say the gentlemen, the mem- bers of Congress will be interested not to in- crease the number, as it will diminish their relative influence. In all their reasoning upon the subject, there seems to be this fallacy : they suppose that the representative will have no motive of action on the one side, but a sense of duty ; or on the other, but corruption. They do not reflect that he is to return to the com- munity ; that he is dependent on the will of the people, and that it cannot be his interest to oppose their wishes. Sir, the general sense of the people wUl regulate the conduct of their representatives. I admit that there are excep- tions to this rule ; there are certain conjunc- tures when it may be necessary and proper to disregard the opinions which the majority of the people have formed. But in the general course of things, the popular views, and even prejudices, will direct the actions of the rulers. All governments, even the most despotic, de- pend, in a great degree, on opinion. In free republics, it is most peculiarly the case. In these, the will of the people makes the essential principle of the government; and the laws which control the community, receive their tone and spirit from the public wishes. It is the fortunate situation of our country, that the minds of the people are exceedingly enlightened and refined. Here then we may expect the laws to be proportionably agreeable to thi' standard of perfect policy ; and the wisdom ol public measures to consist with the most inti- mate, conformity between the views of the representative and his constituent. If the gene- ral voice of the people be for an increase, it undoubtedly must take place. They have it in their power to instruct their representatives; and the State legislatures, which appoint the 192 ALEXANDER HAMILTOlir. senators, may enjoin it also upon them. Sir, if I believed that the number would remain at sixty-five, I confess I should give my vote for an amendment; though in a different form from the one proposed. The amendment proposes a ratio of one for twenty thousand. I would ask, by what rule or reasoning it is determined, that one man is a better representative for twenty than thirty thousand ? At present we have three millions of people ; in twenty-five years we shall have six millions ; and in forty years, nine millions : and this is a short period, as it relates to the existence of States. Here, then, according to the ratio of one for thirty thousand, we shall have, in forty years, three hundred representa- tives. If this , be true, and if this be a safe representation, why be dissatisfied? "Why em- barrass the constitution with amendments that are merely speculative and useless? I agree with the gentleman, that a very small number might give some color for suspicion: I acknow- ledge, that ten would be unsafe ; on the other hand, a thousand would be too numerous. But I ask him, why will not ninety-one be an ade- quate and safe representation ? This at present appears to be the proper medium. Besides, the President of the United States will be himself the representative of the people. From the competition that ever subsists between the branches of government, the President will be induced to protect their j-ights, whenever they are invaded by either branch. On whatever side we view this subject, we discover various and powerful checks to the encroachments of Congress. The true and permanent interests of the members are opposed to corruption : their number is vastly too large for easy combina- tion : the rivalship between the houses will for ever prove an insuperable obstacle : the people have an obvious and powerful protection in their State governments. Should any thing dangerous be attempted, these bodies of pet- petual observation will be capable of forming and conducting plans of regular opposition. Can we suppose the people's love of liberty will not, under the incitement of their legislative leaders, be roused into resistance, and the mad- ness of tyranny be extinguished at a blow? Sir, the danger is too distant ; it is beyond all rational calculation. It has been observed by an honorable gentle- man, that a pure democracy, if it were prac- ticable, would be the most perfect government. Experience has proved, that no position in poli- tics is more false than this. The ancient de- mocracies, in which the people themselves deli- berated, never possessed one feature of good government. Their very character was tyranny ; their figure deformity. "When they assembled, the field of debate presented an ungovernable mob, not only incapable of deliberation, but prepared for every enormity. In these assem- blies, the enemies of the people brought for- ward their plans of ambition systematically. They were opposed by their enemies, of another party ; and it became a matter of contingency, whether the people subjected themselves to be led blindly by one tyrant or by another. It was remarked yesterday, that a numerous representation was necessary to obtain the con- fidence of the people. This is not generally true. The confidence of the people will easily be gained by a good administration. This is the true touchstone. I could illustrate the position by a variety of historical examples, both ancient and modern. In Sparta, the Ephori were a body of magistrates, instituted as a check upon the senate, and representing the people. They consisted of only five men ; but they were able to protect their rights, and therefore enjoyed their confidence and attach- ment. In Rome, the people were represented by three Tribunes, who were afterwards in- creased to ten. Every one acquainted with the history of that republic, will recollect how powei-ful a check to the senatorial encroach- ments this small body proved ; how unlimited a confidence was placed in them by the people whose guardians they wei-e ; and to what a conspicuous station in the government their influence at length elevated the plebeians. Massachusetts has three hundred representa- tives ; New York has sixty -five. Have the people in this State less confidence in their representation than the people of that ? Dela- ware has twenty-one : ■ do the inhabitants of New York feel a higher confidence than those of Delaware? I have stated these examples, to prove that the gentleman's principle is not just. The popular confidence depends on cir- cumstances very distinct from considerations of number. Probably the public attachment is more strongly secured by a train of prosperous events, which are the result of wise deliberation and vigorous execution, and to which large bodies are much less competent than small ones. If the representative conducts with propriety, he wOl necessarily enjoy the good wOl of the constituent. It appears then, if my reasoning be just, that the clause is perfectly proper, upon the principles of the gentleman who con- tends for the amendment ; as there is in it the greatest degree of present security, and a moral v certainty of an increase equal to our utmost ^ wishes. It has been further, by the gentlemen in op- > ' ^ position, observed, that a large representation is necessary to understand the interests of the people. This principle is by no means true, in the extent to which the gentlemen seem to carry it. I would ask, why may not a man un- derstand the interests of thirty as well as of twenty? The position appears to be made upon the unfounded presumption, that all the interests of all parts of the community must be represented. No idea is more erroneous than this. Only such interests are propjer- to be. represented~as are'involved in the powers of the general government. These interests come completely under the observation of one, or a few men ; and the requisite information is THE FEDERAL CONSTITUTION. 103 by no means augmented in proportion to the increase of number. What are the objects of fthe government? Commerce, taxation, &o. In J order to comprehend the interests of commerce, is it necessary to know how wheat is raised, and in what proportion it is produced in one .' district and in anotlier ? By no means. Neither . is this species of knowledge necessary in gene- ral calculations upon the subject of taxation. , The information necessary for these purposes, '' is that which is open to every intelligent in- quirer ; and of which five men may be as per- ■ feotiy possessed as fifty. In royal governments tllBTe are usually particular men to whom the business of taxation is committed. These men have the forming of systems of finance, and the regulation of the revenue. I do not mean Jo commend this practice. It proves, how- 4 ever, this point ; that a few individuals may be competent to these objects, and that ftirge num- bers are not necessary to perfection in the sci- ence of taxation. But granting for a moment, ■"that this minute and local knowledge, the gen- tlemen contend for, is necessary, let us. see, if under the new constitution, it will not proba- bly be found in the representation. The natu- ral and proper mode of holding elections, will be to divide the State into districts, in propor- tion to the number to be elected. This State will consequently be divided, at first, into six. One man from each district will probably possess all the knowledge gentlemen can desire. Are the senators of this State more ignorant of the in- terests of the people than the assembly ? Have they not ever enjoyed their confidence as much? Yet, instead of six districts, they are elected in four ; and the chance of their being collected from the smaller divisions of the State conse- quently diminished. Their number is but twenty-four; and their powers are co-exten- sive with those of the assembly, and reach ob- jects which are most dear to the people — ^life, liberty and property. Sir, we hear constantly a great deal, which is rather calculated to awake our passions, and create prejudices, than to conduct us to the truth, and teach us our real interests. I do not suppose this to be the design of the gentlemen. Why then are we told so often of an aristocra- cy? For my part, I hardly know the meaning of this word as it is applied. If all we hear be true, this government is really a very bad one. But who are the aristocracy among us ? Where do we find men, elevated to a perpetual rank above their fellow-citizens, and possess- ing powers entirely independent of them 2 The arguments of the gentlemen only go to prove that there are men who are rich, men who are poor ; some who are wise, and others who are not. That indeed every distinguished man is an aristocrat. This reminds me of a descrip- tion of the aristocrats I have seen in a late pub- lication, styled the Federal Farmer. The author reckons in the aristocracy, all governors of States, members of Congress, chief magistrates, and all oflScers of the militia. This description, 13 I presume to say, is ridiculous. The image is a phantom. Does the new government render a rich man more eligible than a poor one? No. It requires no such qualification. It is bottom- ed on the broad and equal principle of your State constitution. Sir, if the people have it in their option to elect their most meritorious men, is this to be considered as an objection ? Shall the consti- tution oppose their wishes, and abridge their most invaluable privilege ? While property continues to be pretty equally divided, and a considerable share of information pervades the community, the tendency of the people's suf- frages will be to elevate merit even from ob- scurity. As riches increase and accumulate in few hands, as luxury prevails in society, virtue will be in a greater degree considered as only a graceful appendage of wealth, and the ten- dency of things wiU be to depart from the republican standard. This is the real disposi- tion of human nature : it is what neither the honorable member nor myself can correct ; it is a common misfortune, that awaits our State constitution, as well as all others. There is an advantage incident to large dis- tricts of election, which perhaps the gentlemen, amidst all their apprehensions of infiuence and bribery, have not adverted to. In large dis- tricts, the corruption of the electors is much more difficult. Combinations for the purposes of intrigue are less easily formed : factions and cabals are little known. In a small district, wealth will have a more complete infiuence; because the people in the vicinity of a great man, are more immediately his dependents, and because this influence has fewer objects to act upon. It has been remarked, that it would be disagreeable to the middle class of men to go to the seat of the new government. If this be so, the difficulty will be enhanced by the gentleman's proposal. If his argument be true, it proves that the larger the repi-esentation is, the less will be your choice of having it filled. But, it appears to me frivolous to bring forward such arguments as these. It has answered no other purpose than to induce me, by way of reply, to enter into discussions which I con- sider as useless, and not applicable to our sub- ject. It is a harsh doctrine, that men grow wicked in proportion as they improve and enlighten their minds. Experience has by no means jus- tified us in the supposition that there is more virtue in one class of men than in another. Look through the rich and the poor of the community; the learned and the ignorant. Where does virtue predominate ? The differ- ence indeed consists not in the quantity, but kind of vices, which are incident to various classes ; and here the advantage of character belongs to the wealthy. Their vices are prob- ably more favorable to the prosperity of the State than those of the indigent, and partake less of moral depravity. After all, sir, we must submit to this idea. 194 ALEXANDER HAMILTON. that the true principle of a republic is, that ihe people should choose whom they please to gov- ern them. Representation is imperfect, in pro- portion as the current of popular favor is check- ed. This great source of free government, pop- ular election, should he perfectly pure, and the most unbounded liberty allowed. Where this principle is adhered to ; where, in the organi- zation of the government, the legislative, ex- ecutive and judicial branches are rendered distinct ; where again the legislative is divided into separate Houses, and the operations of each are controlled by various checks and balances, and above all, by the vigilance and weight of the State governments ; to talk of tyranny, and the subversion of our liberties, is to speak the language of enthusiasm. This balance between the national and State governments ought to be dwelt on with peculiar attention, as it is of the utmost importance. It forms a double security to the people. If one encroaches on their rights, they will find a powerful protection in the other. Indeed, they will both be prevented from overpassing their constitutional limits, by a certain rivalship, which will ever subsist be- tween them. I am persuaded, that a firm union is as necessary to perpetuate our liberties, as it is to make us respectable ; and experience wUl probably prove, that the national government will be as natural a guardian of our freedom, as the State legislatures themselves. Suggestions, sir, of an extraordinary nature, have been frequently thrown out in the course of the present political controversy. It gives me pain to dwell on topics of this kind, and I wish they might be dismissed. We have been told that the old confederation has proved in- efBcaoious, only because intriguing and power- ful men, aiming at a revolution, have been for ever instigating the people, and rendering them disaffected with it. This, sir, is a false insinua- tion. The thing is impossible. I will venture to assert, that no combination of designing men under heaven, will be capable of making a gov- ernment unpopular, which is in its principles a wise and good one, and vigorous in its opera- tions. The confederation was framed amidst the agitation and tumult of society. It was com- posed of unsound materials put together in haste. Men of intelligence discovered the fee- bleness of the structure, in the first stages oi its existence ; but the great body of the peo- ple, too much engrossed with their distresses to contemplate any but the immediate causes ol them, were ignorant of the defects of their con- stitution. But when the dangers of war were removed, they saw clearly what they had suf- fered, and what they had yet to suffer, from a feeble form of government. There was no need of discerning men to convince the people of their unhappy situation ; the complaint was co-extensive with the evU, and both were com- mon to all classes of the community. We have been told that the spirit of patriotism and love of liberty are almost extinguished among the people, anithat it has become a prevailing doc- trine that republican principles ought to be hooted out of the world. Sir, I am confident that such remarks as these are rather occasion- ed by the heat of argument than by a cool con- viction of their truth and justice. As far as my experience has extended, I have heard no such doctrine, nor have I discovered any dimi- nution of regard for those rights and liberties, in defence of which, the people have fought and suffered. There have been, undoubtedly, some men who have had speculative doubts on the subject of government; but the principles of republicanism are founded on too firm a basis to be shaken by a few speculative and skepti- cal reasoners. Our error has been of a very different kind. We have erred through excess of caution, and a zeal false and impracticable. Our counsels have been destitute of consistency and stability. I am flattered with a hope, sir, that we have now found a cure for the evils under which we have so long labored. I trust that the proposed constitution affords a genu- ine specimen of representative and republican government, and that it wiU answer, in an emi- nent degree, aU the beneficial purposes of so- ciety. THE FEDEEAL CONSTITUTION. 195 THE FEDERAL CONSTITUTION. This speech was delivered in the Convention of New York, on the twenty-fourth of June, 1788, in opposition to a resolution brought for- ward by Mr. G. Livingston, as an amendment to the constitution, which proposed ; That no person should be eligible as a senator for more than six years, in any term of twelve years, and that the legislatures of the several States should have power to recall their senators, or either of them, and to elect others in their stead, to serve for the remainder of the time for which such senator or senators, so recalled, were appointed. I am persuaded, Mr. Chairman, that I in my turn shall be indulged in addressing the com- mittee. We all, in equal sincerity, profess to be anxious for the establishment of a republi- can government, on a safe and solid basis. It is the object of the wishes of every honest man in the United States, and I presume I shall not be disbelieved, when I declare, that it is an ob- ject of all others, the nearest and most dear to my own heart. The means of accomplishing this great purpose, become the most important study which can interest mankind. It is our duty to examine all those means with peculiar attention, and to choose the best and most ef- fectual. It is our duty to draw from nature, from reason, from examples, the best princi- ples of policy, and to pursue and apply them in the formation of our government. We should contemplate and compare the systems, which, in this examination, come under our view ; dis- tinguish, with a caieful eye, the defects and ex- cellencies of each, anil discarding the former, incorporate the latter, as far as circumstances will admit, into our constitution. If we pur- sue a different course and neglect this duty, we shall probably disappoint the expectations of our country and of the world. In the commencement of a revolution, which received its birth from the usurpations of tyranny, nothing was more natural than that the public mind should be influenced by an extreme spirit of jealousy. To resist these en- croachments, and to nourish this spirit, was the great object of all our public and private insti- tutions. The zeal for liberty became predomi- nant and excessive. In forming our confede- ration, this passion alone seemed to actuate us, and we appear to have had no other view than to secure ourselves from despotism. The ob- ject certainly was a valuable one, and deserved our utmost attention. But, sir, there is another object, equally important, and which our enthu- siasm rendered us little capable of regarding: I mean a principle of strength and stability in the organization of our government, and vigor in its operations. This purpose can never be accomplished but by the establishment of some select body, formed peculiarly upon this prin- ciple. There are few positions more demon- strable than that there should be in every re- public, some permanent body to correct the prejudices, check the intemperate passions, and regulate the fluctuations of a popular assembly. It is evident, that a body instituted for these purposes, must be so formed as to exclude, as much as possible, from its own character, those infirmities, and that mutability which it is de- signed t « remedy. It is therefore necessary that it should be small, that it should hold its authority during a considerable period, and that it should have such an independence in the exercise of its powers as will divest it as much as possible of local prejudices. It should be 80 formed as to be the centre of political knowledge, to pursue always a steady line of conduct, and to reduce every irregular propen- sity to system. Without this establishment, we may make experiments without end, but shall never have an eflicient government. It is an unquestionable truth, that the body of the people in every country desire sincerely its prosperity : but it is equally unquestionable, that they do not possess the discernment and stability necessary for systematic government. To deny that they are frequently led into the grossest errors by misinformation and passion, would be a flattery which their own good sense must despise. That branch of adminis- tration especially, which involves our political relations with foreign states, a community will ever be incompetent to. These truths are not often held up in public assemblies; but they cannot be unknown to any who hear me. From these principles it follows, that there ought to be two distinct bodies in our government; one, which shall be immediately constituted by and peculiarly i-epresent the people, and possess aU the popular features ; another, formed upon the principle, and for the purposes before explained. Such considerations as these induced the con- vention who formed your State constitution, to institute a senate upon the present plan. The history of ancient and modern republics had taught them, that many of the evils which these republics suffered, arose from the want of a certain balance and mutual control indispen- sable to a wise administration ; they were con- vinced that popular assemblies are frequently misguided by ignorance, by sudden impulses, and the intrigues of ambitious men ; and that some firm barrier against these operations was necessary : they therefore instituted your sen- ate, and the benefits we have experienced, have fully justified their conceptions. Now, sir, what is the tendency of the pro- posed amendment ? To take away the stability of government, by depriving the Senate of its 196 ALEXAlSfDEE HAMILTON. permanency ; to make this body subject to the same weakness and prejudices which are inci- dent to popular assemblies, and which it was instituted to correct ; and by thus assimilating the complexion of the two branches, destroy the balance between them. The amendment will render the senator a slave to all the capri- cious humors among the people. It will probably be here suggested, that the legislatures, not- the people, are to have the power of recall. With- out attempting to prove that the legislatures must be, in a great degree, the image of the multitude, in respect to federal affairs, and that the same prejudices and factions will prevail ; I insist, that in whatever body the power of recall is vested, the senator will perpetually feel himself in such a state of vassalage and depend- ence, that he never can possess that firmness which is necessary to the discharge of his great duty to the Union. Gentlemen, in their reasoning, have placed +he interests of the several States and those of the United States in contrast ; this is not a fair view of the subject ; they must necessarily be involved in each other. "What we apprehend is, that some sinister prejudice, or some prevail- ing passion, may assume the form of a genuine interest. The influence of these is as powerful as the most permanent conviction of the public good ; and against this influence we ought to provide. The local interests of a State ought in every case to give way to the interests of the Union : for when a sacriflce of one or the other is necessary, the former becomes only an apparent, partial interest, and should yield, on the principle that the small good ought never to oppose the great one. When you assemble from your several counties in the legislature, were every member to be guided only by the apparent interest of his county, government would be impracticable. There must be a per- petual accommodation and sacrifice of local advantage to general expediency ; but the spirit of a mere popular assembly would rarely be actuated by this important principle. It is therefore absolutely necessary that the Senate should be so formed, as to be unbiassed by false conceptions of the real interests, or undue attachment to the apparent good of their seve- ral States. Gentlemen indulge too many unreasonable apprehensions of danger to the State govern- ments ; they seem to suppose, that the moment you put men into a national council, they be- come corrupt and tyrannical, and lose all their affection for their fellow citizens. But can we imagine that the senators will ever be so insen- sible of their own advantage, as to sacrifice the genuine interest of their constituents? The State governments are essentially necessary to the form and spirit of the general system. As long, therefore, as Congress have a full convic- tion of this necessity, they must, even upon principles purely national, have as firm an attachment to the one as to the other. This conviction can never leave them, unless they become madmen. While the constitution con- tinues to be read, and its principles known, th« States must, by every rational man, be con- sidered as essential, component parts of the Union ; and therefore the idea of sacrificing the former to the latter is wholly inadmissible. The objectors do not advert to the natural strength and resources of State governments, which will ever give them an important supe- riority over the general government. If we compare the 'nature of their different powers, or the means of popular influence which each possesses, we shall find the advantage entirely on the side of the States. This consideration, important as it is, seems to have been little attended to. The aggregate number of repre- sentatives throughout the States may be two thousand. Their personal influence will, there- fore, be proportionally more extensive than that of one or two hundred men in Congress. The State establishments of civU and military officers of every description, infinitely surpass- ing in number any possible correspondent es- tablishments in the general government, will create such an extent and complication of attachments, as will ever secure the predilec- tion and support of the people. Whenever, therefore, Congress shall meditate any infringe- ment of the State constitutions, the great body of the people will naturally take part with their domestic representatives. Can the general gov- ernment withstand such an united opposition ? Will the people suffer themselves to be stripped of their privileges? Will they suffer their legis- latures to be reduced to a shadow and a name ? The idea is shocking to common sense. From the circumstances already explained, and many others which might be mentioned, results a complicated, irresistible check, which must ever support the existence and importance of the State governments. The danger, if any exists, flows from an opposite source. The probable evil is, that the general government will be too dependent on the State legislatures, too much governed by their prejudices, and too obsequious to their humors; that the States, with every power in their hands, will make encroachments on the national authority, tiU the Union is weakened and dissolved. Every member must have been struck with an observation of a gentleman from Albany. Do what you will, says he, local prejudices and opinions will go into the government. What ! shall we then form a constitution to cherish and strengthen these prejudices? Shall we confirm the distemper instead of remedying it ? ' It is undeniable that there must be a conti-ol somewhere. Either the general interest is to control the particular interests, or the contrary. If the former, then certainly the government ought to be so framed, as to render the power of control efficient to all intents and purposes ; if the latter, a striking absurdity follows : the controlling powers must be as numerous as the varying interests, and the operations of govern- ment must therefore cease: for the moment THE FEDEEAL CONSTITUTION. m you accommodate tRese different interests, wHcli is the only way to set the government in motion, you establish a general controlling power. Thug, whatever constitutional provi- sions are made to the contrary, every govern- ment will be at last driven to the necessity of subjecting the partial to the universal interest. The gentlemen ought always, in their reason- ing, to distinguish between the real, genuine good of a state, and the opinions and prejudices I which may prevail respecting it: the latter may be opposed to the general good, and con- sequently ought to be sacrified ; the former is so involved in it, that it never can be sacrificed. Sir, the main design of the convention, in form- ing the Senate, was to prevent fluctuations and cabals. "With this view, they made that body small, and to exist for a considerable period. Have they executed this design too far ? The senators are to serve six years. This is only two years longer than the senators of this State hold their places. One third of the mem- bers are to go out every two years ; and in six, the whole body may be changed. Prior to the revolution, the representatives in the several colonies were elected for different periods ; for three years, for seven years, &c. Were those bodies ever considered as incapable of repre- senting the people, or as too independent of them ? There is one circumstance which will have a tendency to increase the dependence of the senators on the States, in proportion to the duration of their appointments. As the State legislatures are in continual fluctuation, the senator wiU have more attachments to form, and consequently a greater difBoulty of main- taining his place, than one of shorter duration. He will therefore be more cautious and indus- trious to suit his conduct to the wishes of his constituents. Sir, when you take a view of all the circum- stances which have been recited, you will cer- tainly see that the senators will constantly look up to the state governments with an eye of de- pendence and affection. If they are ambitious to continue in office they will make every pru- dent arrangement for this purpose, and what- ever may be their private sentiments of poli- tics, they will be convinced that the surest means of obtaining a re-election will be an uni- form attachment to the interests of their several States. The gentlemen, to support their amendment, have observed that the power of recall, under the old government, has never been exercised. There is no reasonipg from this. The experi- ence of a few years, under peculiar circumstan- ces, can afford no probable security that it never will be carried into execution with un- happy effects. A seat in Congress has been less an object of ambition, and the arts of in- trigue, consequently, have been less practised. Indeed, it has been diificult to find men who were willing to suffer the mortifications to ff^hioh so feeble a government and so dependent a station exposed them. Sir, if you consider but a moment the pur- poses for which the senate was instituted, and the nature of the business which they are to transact, you will see the necessity of giving them duration. They, together with the Pres- ident, are to manage all our concerns with for- eign nations ; they must understand all their interests and their political systems. This knowledge is not soon acquired — but a very small part is gained in the closet. Is it desira- ble, then, that new and unqualified members should be continually thrown into that body ? When public bodies are engaged in the exercise of general ^.owers, you cannot judge of the pro- priety of their conduct but from the result of their systems. They may be forming plans which require time and diligence to bring to maturity. It is necessary, therefore, that they should have a considerable and fixed duration, that they may make their calculations accord- ingly. If they are to be perpetually fluctuating they can never have that responsibility which is so important in republican governments. Ib bodies subject to frequent changes, great politi- cal plans must be conducted by members in succession ; a single assembV can have but a partial agency in them, and consequently can- not properly be answerable for the final event. Considering the senate, therefbre, with a view to responsibility, duration is a very interesting and essential quality. There is another view in which duration in the senate appears neces- sary. A government, changeable in its policy, must soon lose its sense of national character, and forfeit the respect of foreigners. Senators will not be solicitous for the reputation of pub- lic measures in which they have had but a tem- porary concern, and will feel lightly the burden of public disapprobation in proportion to the number of those who partake of the censure. Our political rivals will ever consider our mu- table counsels as evidence of deficient wisdom, and will be little apprehensive of our arriving at any exalted station in the scale of power. Such are the internal and external disadvan- tages which would result from the principle contended for. Were it admitted, I am fully persuaded, sir, that prejudices would govern the public deliberations, and passions rage in the counsels of the union. If it were necessary, I could illustrate my subject by historical facts; I could travel through an extensive field of de- tail, and demonstrate that wherever the fatal principle of — the head suffering the control of the members, has operated, it has proved a fruitful source of commotions and disorder. This, sir, is the first fair opportunity that has been offered of deliberately correcting the er- rors in government. Instability has been a prominent and very defective feature in most republican systems. It is the first to be seen and the last to be lamented by a philosophical inquirer. It has operated most banefully in our infant republics. It is necessary that we apply an immediate remedy, and eradicate the poisonous principle from our government. 1/ 138 ALEXANDER HAMILTON. this be not done, sir, we shall feel, and posterity will be convulsed by a painful malady. On the 25th, Mr. Hamilton continued Ms re- marks upon the same subject. Me. Chaieman :, In debates of this kind it is extremely easy, on either side, to say a great number of plausible things. It is to be ac- knowledged that there is even a certain degree of truth in the reasonings on both sides. In this situation it is the province of judgment and good sense to determine their force and appli- cation, and how far the arguments advanced on one side are balanced by those on the other. The ingenious dress in which both may appear renders it a diflBcult task to make this decision, and the mind is frequently unable to come to a safe and solid conclusion. On the present question, some of the principles on each side are admitted, and the conclusions drawn from them denied, while other principles, with their inferences, are rejected altogether, It is the business of the committee to seek the truth in this labyrinth of argument. There are two objects in forming systems of government — safety for the people and energy in the administration. When these objects are united, the certain tendency of the system, will be to the public welfare. If the latter object be neglected, the people's security will be as certainly sacrificed as by disregarding the former. Good constitutions are formed upon a comparison of the liberty of the individual with the strength of government ; if the tone of either be too high, the other will be weakened too much. It is the happiest possible mode of conciliating these objects, to institute one branch peculiarly endowed with sensibility, another with knowledge and firmness. Through the opposition and mutual control of these bodies, the government will reach, in its opera- tions, the perfect balance between liberty and power. The arguments of the gentlemen chiefly apply to the former branch — the House of Representatives. If they will calmly con- sider the difierent nature of the two branches, they will see that the reasoning which justly applies to the Representative House will go to destroy the essential qualities of the Senate. If the former is calculated perfectly upon the principles of caution, why should you impose the same principles upon the latter, which is designed for a different operation ? Gentlemen, while they discover a laudable anxiety for the safety of the people, do not attend to the im- portant distinction I have drawn. We have it constantly held up to us, that as it is our chief duty to guard against tyranny, it is our policy to form all the branches of government for this purpose. Sir, it is a truth sufficiently illustrat- ed by experience, that when the people act by their representatives they are commonly irre- sistible. The gentleman admits the position that stability is essential to the government, and yet enforces principles which, if true, ought to banish stability from flie system. The gen tleman observes that there is a fallacy in my reasoning, and informs us that the legislatures of the States, not the people, are to appoint the senators. Does he reflect that they are the im- mediate agents of the people — that they are so constituted as to feel all their prejudices and passions, and to be governed, in a great degree, by their misapprehensions ? Experience must have taught , him the truth of this. Look through their history; what factions have arisen from the most trifling causes — what in- trigues have been practised for the most illib- eral purposes ! Is not the State of Rhode Island at, this moment struggling under difficulties and distresses, for having been led blindly by the spirit of the multitude ? What is her legisla- ture but the picture of a mob ? In this State we have a senate possessed of the proper quali- ties of a permanent body ; Virginia, Maryland, and a few other States are in the same situar tion ; the rest are either governed by a single democratic assembly, or have a senate consti- tuted entirely upon democratic principles. These have been, more or less, embroiled in factions, and have generally been the image and echo of the multitude. It is difficult to reason on this point without touching on certain deli- cate chords. I could refer you to periods and conjunctures when the people have been gov- erned by improper passions and led by factious and designing men. I could show that the same passions have infected their representa- tives. Let us beware that we do not make the State legislatures a vehicle in which the evil humors may be conveyed into the national sys- tem. To prevent this, it is necessary that the Senate should be so formed as, in some measure, to check the State governments, and preclude the communication of the false impressions which they receive from the people. It has been often repeated, that the legislatures of the States can have only a partial and confined view of national affairs ; that they can form no proper estimate of great objects which are not in the sphere of their interests. The observa- tion of the gentleman, therefore, cannot take off the force of my argument. Sir, the senators will constantly be attended with a reflection that their future existence is absolutely in the power of the States. Will not this form a powerful check ? It is a reflec- tion which applies closely to their feelings and interests, and no candid man, who thinks de- liberately, wiU deny that it would be alone a sufficient check. The legislatures are to pro- vide the mode of electing the President, and must have a great influence over the electors. Indeed, they convey their influence through a thousand channels into the general government. Gentlemen have endeavored to show that there will be no clashing of local and general inter- ests ; they do not seem to have sufficiently con- sidered the subject. We have in this State a duty of six pence per pound on salt, and it operates lightly and with advantage ; but such THE FEDERAL OONSTITUTION. 199 a duty would be very burdensome to some of the States. If Congress should, at any time, find it convenient to impose a salt tax, would it not be opposed by the eastern States ? Being themselves incapable of feeling the necessity of the measure, they could only feel its apparent injustice. Would it be wise to give the New England States a power to defeat this measure, by recalling their senators who may be engaged for it? I beg the gentlemen once more to at- tend to the distinction between the real and ap- parent interests of the States. I admit that the aggregate of individuals constitutes the government ; yet every State is not the govern- ment ; every petty district is not the govern- ment. Sir, in our State legislatures, a compro- mise is frequently necessary between the interests of counties ; the same must happen in the general government between States. In this the few must yield to the many; or, in other words, the particular must be sacrificed to the general interest. If the members of Congress ai-e too dependent on the State legis- latures, they wiU be eternally forming secret combinations from local views. This is reason- ing from the plainest principles. Their interest is interwoven with their dependence, and they will necessarily yield to the impression of their situation. Those who have been in Congress have seen these operations. The first question has been, How wiU such a measure affect my constituents, and consequently, how wiU the part I take affect my re-election ? This consid- eration may be, in some degree, proper ; but to be dependent from day to day, and to have the idea perpetually present, would be the source of innumerable evUs. Six years, sir, is a period short enough for a proper degree of dependence. Let us consider the peculiar state of this body, and see under what impressions they wUl act. One third of them are to go out at the end of two years, two thirds in four years, and the whole in six years. When one year is elapsed there will be a number who are to hold their places for one year, others for three, and others for five years. Thus, there will not only be a constant and frequent change of members, but there will be some whose office is near the point of expiration, and who, from this circumstance, will have a lively sense of their dependence. The biennial change of members is an excellent invention for increas- ing the difficulty of combination. Any scheme of usurpation will lose, every two years, a num- ber of its oldest advocates, and their places will be supplied by an equal number of new, unac- fommodating, and virtuous men. When two rinoiples are equally important, we ought, if possible, to reconcile them, and sacrifice neither. We think that safety and permanency in this government are completely reconcilable. The State governments will have, from the causes I have described, a sufficient influence over the Senate, without the check for which the gen- tlemen contend. It has been remarked that there is an incon- sistency in our admitting that the equal votes in the Senate were given to secure the rights of the States ; and, at the same time, holding up the idea that their interests should be sacrificed to those of the Union. But the committee cer- tainly perceive the distinction between the rights of the State and its interests. The rights of a State are defined by the constitution, and cannot be invaded without a violation of it ; but the interests of a State have no connection with the constitution, and may be in a thou- sand instances constitutionally sacrificed. An uniform tax is perfectly constitutional, and yet it may operate oppressively upon certain mem- bers of the Union. The gentlemen are afraid that the State governments will be abolished. But, sir, their existence does not depend upon the laws of the United States. Congress can no more abolish the State governments than they can dissolve the Union. The whole con- stitution is repugnant to it, and yet the gentle- men would introduce an additional useless pro- vision against it. It is proper that the influence of the States should prevail to a certain extent. But shall the individual States be the judges how far? Shall an unlimited power be left them to determine in their own favor? The gentlemen go into the extreme ; instead of a wise government, they would form a fantastical Utopia. But, sir, while they give it a plausible, . popular shape, they would render it impracti- cable. Much has been said about factions. As far as my observation has extended, factions in Congress have arisen from attachment to State prejudices. We are attempting by this consti- tution to abolish factions, and to unite all par- ties for the general welfare. That a man should have the power in private life of recall- ing his agent is proper, because, in the business in which he is engaged, he has no other object but to gain the approbation of his principal. Is this the case with the senator ? Is he sim- ply the agent of the State ? No ; he is an agent for the Union, and he is bound to perforin ser- vices necessary to the good of the whole, though his State should condemn them. Sir, in contending for a rotation, the gentle- men carry their zeal beyond aU reasonable bounds. I am convinced that no government, founded on this feeble principle, can operate well. I believe also, that we shall be singular in this proposal. We have not felt the embar- rassments resulting from rotation, that other States have ; and we hardly know the strength of their objections to it. There is no proba- bility that we shall ever persuade a majority of the States to agree to this amendment. The gentlemen deceive themselves. The amend- ment would defeat their own design. When a man knows he must quit his station, let his merit be what it may, he will turn his atten- tion chiefly to his own emolument: nay, he wUl feel temptations, which few other situa- tions furnish, to perpetuate his power by un- constitutional usurpations. Men will pursug their interests. It is as easy to change humar iOO ALEXANDER HAMILTON". nature as to oppose the strong current of the selfish passions. A wise legislator wiU gently divert the channel, and direct it, if possible, to the public good. It has been observed that it is not possible there should be in a State only two men quali- fied for senators. But, sir, the question is not whether there may be no m )re than two men, but whether, in certain emergencies, you could find two equal to those whom the amendment would discard. Important negotiations, or other bu- siness to which they shall be most competent, may employ them at the moment of their re- moval. These things often happen. The dif- ficulty of obtaining men capable of conducting the affairs of a nation in dangerous times, is much more serious than the gentlemen ima- gine. As to corruption, sir, admitting in the Presi dent a disposition to corrupt, what are the in- struments of bribery ? It is said, he will have in his disposal a great number of ofliees. But how many offices are there, for which a man would relinquish the senatorial dignity ? There may be some in the judicial, and some in other principal departments. But there are few, whose respectability can in any measure bal- ance that of the oflice of senator. Men who have been in the Senate once, and who have a reasonable hope of a re-election, wiU not be easily bought by ofiices. This reasoning shows that a rotation would be productive of many disadvantages — under particular circumstances it might be extremely inconvenient, if not fa- tal to the prosperity vf our countr.v. THE FEDERAL CONSTITUTION. Mr. Hamilton delivered the following speech, on the twenty-seventh of June, 1788, in oppo- sition to a proposed amendment of the consti- tution which was brought before the New York Convention, the object of which was, to ma- terially abridge the power proposed to be con- ferred upon Congress, relative to imposing ex- cise and laying direct taxes : This is one of those subjects, Mr. Chairman, on which objections very naturally arise, and assume the most plausible shape. Its address is to the passions, and its first impressions cre- ate a prejudice, before cool examination has an opportunity for exertion. It is more easy for the human mind to calculate the evils, than the advantages of a measure ; and vastly more natural to apprehend the danger than to see the necessity of giving powers to our rulers. Hence, I may justly expect that those who hear me, wiU place less confidence in those ar- guments which oppose, than in those which fa- vor their prepossessions. After all our doubts, our suspicions and spec- ulations, on the subject of government, we must return, at last, to this important truth — that when we have formed a constitution upon free principles ; when we have given a proper balance to the different branches of administra- tion, and fixed representation upon pure and equal principles, we may, with safety, furnish it with all the powers necessary to answer, in the most ample manner, the purposes of gov- erimient. The great desiderata are a free rep- resentation, and mutual checks. When these are obtained, all our apprehensions of the ex- tent of powers are unjust and imaginary. What then is the structure of this constitution ? One branch of the legislature is to be elected by the people — by the same people who /"hoose your State representatives. Its members are to hold their office two years, and then return to their constituents. Here, sir, the people govern: here they act by their immediate representa- tives. Yon have also a Senate, constituted by your State legislatures — by men in whom you place the highest confidence, and forming ano- ther representative branch. Then, again, you have an executive magistrate, created by a form of election which merits universal admiration. In the form of this government, and in the mode of legislation, you find all the checks which the greatest politicians and the best writers have ever conceived. What niore can reasonable men desire ? Is there any one branch in which the whole legislative and executive powers are lodged ? No. The legislative au- thority is lodged in three distinct branches, properly balanced : the executive authority is divided between two branches ; and the judi- cial is still reserved for an independent body, who hold their offices during good behavior. This organization is so complex, so skilfully contrived, that it is next to impossible that an impolitic or wicked measure should pass the great scrutiny with success. Now, what do gentlemen mean by coming forward and de- claiming against this government? Why do they say we ought to limit its powers, to dis- able it, and to destroy its capacity of blessing the people? Has philosophy suggested — has experience taught, that such a government ought not to be trusted with every thing neces- sary for the good of society ? Sir, when you have divided and nicely balanced the depart- ments of government ; when you have strongly connected the virtue of your rulers with their interest; when, in short, you have rendered your system as perfect as human forms can be — you must place confidence; you must give power. We have heard a great deal of the sword and THE FEDEEAL CONSTITUTION. 201 the parse: it is- said, our liberties are in danger, if both are possessed by Congress. Let us see what is the true meaning of this maxim, wliich has been so mucli used, and so little understood. It is, that you shall not place these powers in either the legislative or executive singly : nei- ther one nor the other shall have both ; because this would destroy that division of powers, on which political liberty is founded, and would furnish one body with all the means of tyranny. But, where the purse is lodged in one branch, and the sword in another, there can be no danger. All governments have possessed these powers : they would be monsters without them, and incapable of exertion. What is j ^ur State government? Does not your legislatuie com- mand what money it pleases ? Does not your executive execute the laws without restraint ? These distinctions between the purse and the sword have no application to the system, but only to its separate branches. Sir, when we reason about the great interests of a great peo- ple, it is high time that we dismiss our preju- dices and banish declamation. In oi'der to induce us to consider the powers given by this constitution as dangerous — ^in order to render plausible an attempt to take away the life and spirit of the most important power in government, the gentleman complains that we shall not have a true and safe repre- sentation. I asked him what a safe representa- tion was, and he has given no satisfactory an- swer. The assembly of New York has been mentioned as a proper standard; but, if we apply this standard to the general government, onr Congress will become a mere mob, exposed to every irregular impulse, and subject to every breeze of faction. Can such a system afford security? Can you have confidence in such a body ? The idea of taking the ratio of repre- sentation, in a small society, for the ratio of a great one, is a fallacy which ought to be ex- posed. It is impossible to ascertain to what point our representation will increase ; it may vary from one, to two, three, or four hundred ; it depends upon the progress of population. Suppose it to rest at two hundred ; is not this number sufficient to secure it against corrup- tion ? Human nature must be a much more weak and despicable thing than I apprehend it to be, if two hundi'ed of our fellow-citizens can be corrupted in two years. But, suppose they are corrupted ; can they, in two years, accom- plish their designs? Can they form a com- bination, and even lay a foundation for a system of tyranny, in so short a period ? It is far from my intention to wound the feelings of any gen- tleman ; but I must, in this most interesting discussion, speak of things as they are, and hold up opinions in the light in which they ought to appear : and I maintain, that all that has been said of corruption, of the purse and the sword, and of the danger of giving powers, is not sup- ported by principle or fact: that it is mere verbiage and idle declamation. The true prin- ciple of government is this : make the system complete in its structure ; give a perfect pro- portion and balance to its parts; and the powers you give it will never affect your security. The question, then, of the division of powers be-, tween the general and State governments, is a question of convenience : it becomes a pruden- tial inquiry, what powers are proper to be reserved to the latter; and this immediately involves another inquiry into the proper objects of the two governments. This is the criterion by which we shall determine the just distribu- tion of powers. The great leading objects of the federal gov- ernment, in which revenue is concerned, are to maintain domestic peace, and provide for the common defence. In these are compre- hended the ret^,ulation of commerce, that is, the whole system of foreign intercourse ; the sup- port of armies and navies, and of the civil administration. It 's useless to go into'«detail. Every one knows that the objects of the general government are numerous, extensive and im- portant. Every one must acknowledge the necessity of giving powers, in all respects, and in every degree, equal to these objects. This principle assented to, let us inquire what are the objects of the State governments. Have they to provide against foreign invasion ? Have they to maintain fleets and armies? Have they any concern in the regulation of commerce, the procuring aDiances, or forming treaties of peace i No. Their objects are merely civil and domes- tic; to support the legislative establishment, and to provide for the administration of the laws. Let any one compare the expense of supporting the civil list in a State, with the expense of providing for the defence of the Union. The difference is almost beyond calcu- lation. The experience of Great Britain wiU throw some light on this subject. In that king- dom, the ordinary expenses of peace to those of war are as one to fourteen : but there they have a monarch, with his splendid court, and an enormous civil establishment, with which we have nothing in this country to compare. If, in Great Britain, the expenses' of war and peace are so disproportioned, how wide wUl be their disparity in the United States ; how infi- nitely wider between the general government and each individual State ! Now, sir, where ought the great resources to be lodged? Every rational man will give an immediate answer. To what extent shall these resources be pos- sessed? Eeason says, as far as possible exi- gencies can require; that is, without limitation. A constitution cannot set bounds to a nation's wants ; it ought not, thei-efore, to set bounds to its resources. Unexpected invasions, long and ruinous wars, may demand all the possible abilities of the country. Shall not your gov- ernment have power to call these abilities into action? The contingencies of society are not reducible to calculations. They cannot bo fixed or bounded, even in imagination. "WiU you limit the means of your defence, when yon cannot ascertain the force or extent of the in- 202 ALEXANDER HAMILTOIT. vasion 1 Even in ordinary wars, a go-vernment is frequently obliged to call for suppliys, to the temporary oppression of the people. Sir, if we adopt the idea of exclusive reve- nues, we shall be obliged to fix some distin- guished line, which neither government shall overpass. The inconveniences of this measure must appear evident, on the slightest examina- tion. The resources appropriated to one, may diminish or fail, while those of the other may increase, beyond the wants of government. One may be destitute of revenues, while the other shall possess an unnecessary abundance, and the constitution will be an eternal barrier to a mutual intercourse and relief. In this case, will the individual States stand on so good a ground, as if the objects of taxation were left fi'ee and open to the embrace of both the governments? Possibly, in the advance- ment of commerce, the imposts may increase to such a degree, as to render direct taxes umiecessary. These resources, then, as the constitution stands, may be occasionally relin- quished to the States ; but on the gentleman's idea of prescribing exclusive limits, and pre- cluding all reciprocal communication, this would be entirely improper. The laws of the States must not touch the appropriated resources of the United States, whatever may be their wants. Would it not be of more advantage to the States, to have a concurrent jurisdiction extending to all the sources of revenue, than to be confined to such a small resource, as, on calculation of the objects of the two govern- ments, should appear to be their due propor- tion? Certainly you cannot hesitate on this question. The gentleman's plan would have a further ill effect ; it would tend to dissolve the connexion and correspondence of the two gov- ernments, to estrange them from each other, and to destroy that mutual dependence which forms the essence of union. Sir, a number of arguments have been advanced by an honor- able member from New York, which, to every unclouded mind, must carry conviction. He has stated, that in sudden emergencies, it may be necessary to borrow ; and that it is impossi- ble to borrow, unless you have funds to pledge for the payment of your debts. Limiting the powers of government to certain resources, is rendering the fund precarious ; and obliging the government to ask, instead of empowering it to command, is to destroy all confidence and credit. If the power of taxing is restricted, the consequence is, that on the breaking out of a war, you must divert the funds appropriated to the payment of debts, to answer immediate exigencies. Thus you violate your engage- ments, atthe very time you increase the burden of them. Besides, sound policy condemns the practice of accumulating debts. A government, to act with energy, should have the possession of all its revenues to answer present purposes. The principle for which I contend is recognized. in all its extent, by our old constitution. Con- gress is authorized to raise troops, to call for supplies without limitation, and to borrow money to any amount. It is true, they must use the form of recommendations and requisi- tions : but the States are bound by the solemn ties of honor, of justice, of religion, to comply without reserve. Mr. Chairman, it has been advanced a^ a principle, that no government but a despotism can exist in a very extensive country. This is a melancholy consideration indeed. If it were founded on truth, we ought to dismiss the idea of a republican government, even for the State of New York. This idea has been taken from a celebrated writer, who, by being misunder- stood, has been the occasion of frequent falla- cies in our reasoning on political subjects. But the position has been misapprehended, and its application is entirely false and unwarrantable. It relates ojly to democracies, where the whole body of the people meet to transact business, and where representation is unknown. Such were a number of ancient and some modern in- dependent cities. Men who read without at- tention have taken these maxims respecting the extent of country, and contrary to their proper meaning, have applied them to republics in general. This application is wrong in respect to all representative governments, but especially in relation to a confederacy of States, in which the supreme legislature has only general pow- ers, and the civil and domestic concerns of the people are regulated by the laws of the several States. This distinction being kept in view, all the difficulty will vanish, and we may easily conceive that the people of a large coimtry may be represented as truly as those of a smaU one. An assembly constituted for general purposes may be fully competent to every federal regu- lation, without being too numerous for deliber- ate conduct. If the State governments were to be abolished, the question would wear a differ- ent face ; but this idea is inadmissible. They are absolutely necessary to the system. Their existence must form a leading principle in the most perfect constitution we could form. I in- sist that it never can be the interest or desire of the national legislature to destroy the State governments. It can derive no advantage from siich an event ; but, on the contrary, would lose an indispensable support, a necessary aid in executing the laws and conveying the influence of government to the doors of the people. The Union is dependent on the will ol the State governments for its chief magistrate and for its Senate. The blow aimed at the members must give a fatal wound to the head, and the destruction of the States must be at once a political suicide. Can the national gov- ernment be guilty of this madness ? "What in- ducements, what temptations can they have? Will they attach new honors to their station — wiU they increase the national strength — will they multiply the national resources — will they make themselves more respectable in the view of foreign nations or of their fellow citizens, by robbing the States of their constituticna' THE FEDERAL CONSTITUTION'. 203 privileges ? But imagine, for a moment, that a political frenzy sliould seize the government; suppose they should make the attempt; cer- tainly, sir, it would be for ever impracticable. This has been sufficiently demonstrated by rea- son and experience. It has been proved that the members of republics have been and' ever will be stronger than the head. Let us attend to one general historical example. In the an- cient feudal governments of Europe there were, in the first place, a monarch; subordinate to him, a body of nobles ; and subject to these, the vassals, or the whole body of the people. The authority of the kings was limited, and that of the barons considerably independent. A great part of the early wars in Europe were contests between the king and his nobility. In these contests the latter possessed many advan- tages derived from their influence and the im- mediate command they had over the people, and they generally prevailed. The history of the feudal wars exhibits little more than a se- ries of successful encroachments on the pre- rogatives of monarchy. Here, sir, is one great proof of the superiority which the members in limited governments possess over their head. As long as the barons enjoyed the confidence and attachment of the people, they had the strength of the country on their side, and were irresistible. I may be told that in some in- stances the barons were overcome ; but how did this happen? Sir, they took advantage of the depression of the royal authority, and the establishment of their own power, to op- press and tyrannize over their vassals. As commerce enlarged, and as wealth and civiliza- tion increased, the people began to feel their own weight and consequence ; they grew tired of their oppressions, united their strength with that of the prince, and threw off the yoke of aristocracy. These very instances prove what I contend for. They prove that in whatever direction the popular weight leans, the current of power will flow ; wherever the popular at- tachments lie, there will rest the political supe- riority. Sir, can it be supposed that the State governments will become the oppressors of the people? Will they forfeit their affections? Will they combine to destroy the liberties and happiness of their fellow citizens for the sole purpose of involving themselves in ruin ? God forbid ! The idea, sir, is shocking ! It out- rages every feeling of humanity and every dic- tate of common sense ? There are certain social principles in human nature, from which we may draw the most solid conclusions, with respect to the conduct of individuals and of communities. We love our families more than our neighbors ; we love our neighbors more than our countrymen in general. The human affections, like the solar heat, lose their intensity as they depart from the centre, and become languid in proportion to the expansion of the circle on which they act. On these principles the attachment of the individual will be first and for ever secured by the State governments ; they will be a mutual protection and support. Another source of in- fluence which has already been pointed out is the various official connections in the States. Gentlemen endeavor to evade the force of this by saying that these offices will be insignificant. This is by no means true. Th-e State officers will ever be important, because they are neces- sary and useful. Their powers are such as are extremely interesting to the people ; such as afiect their property, their liberty, and life. What is more important than the administra- tion of justice and the execution of the civil and criminal laws 1 Can the State governments become insignificant while thoy have the power of raising money independently and without control? If they are really useful, if they are calculated to promote the essential interests of the people, they must have their confidence and support. The States can never lose their powers till the whole people of America are robbed of their liberties. These must go to- gether ; they must support each other or meet one common fate. On the gentlemen's princi- ple, we may safely trust the State governments, though we have no means of resisting them ; but we cannot confide in the national govern- ment, though we have an effectual constitu- tional guard against every encroachment. This is the essence of their argument, and it is false and fallacious beyond conception. With regard to the jurisdiction of the two governments, I shall certainly admit that the constitution ought to be so formed as not to prevent the States from providing for their own existence; and I maintain that it is so formed, and that their power of providing for themselves is sufficiently established. This is conceded by one gentleman, and in the next breath the concession is retracted. He says Congress have but one exclusive right in taxa- tion — that of duties on imports ; certainly, then, their other powers are only concurrent. But to take off the force of this obvious conclusion, he immediately says that the laws of the United States are supreme, and that where there is one supreme there cannot be a concurrent au- thority; and further, that where the laws of the Union are supreme, those of the. States must be subordinate, because there cannot be two supremes. This is curious sophistry. That two supreme powers cannot act together is false. They are inconsistent only when they are aimed at each other, or at one indivisible object. The laws of the United States are su- preme as to all their proper constitutional ob- jects ; the laws of the States are supreme in the same way. These supreme laws may act on different objects without clashing, or they may operate on different parts of the same common object with perfect harmony. Sup- pose both governments should lay a tax of a penny on a certain article ; has not each an in- dependent and uncontrollable power to collect its own tax? The meaning of the maxim, there cannot be two .supremes, is simply this' £04 ALEXANDER HAMILTON. two powers cannot be supreme over each other. This meaning is entirely perverted by the gen- tlemen. But, it is said, disputes between col- lectors are to be referred to the federal courts. This is again wandering in the field of conjec- ture. But suppose the fact certain ; is it not to be presumed that they will express the true meaning of the constitution and the laws? Will they not be bound to consider ths concur- rent jurisdiction — to declare that both the taxes shajl have equal operation — that both the pow- ers, in that respect, are sovereign and co-exten- sive ? If they transgress their duty we are to hope that they will be punished. Sir,' we can reason ft-om probabilities alone. When we leave common sense and give ourselves up to conjecture, there can be no certainty, no secu- rity in our reasonings. I imagine I have stated to the committee abundant reasons to prove the entire safety of the State governments and of the people. I would go into a more minute consideration of the nature of the concurrent jurisdiction and the operation of the laws in relation to reve- nue, but at present I feel too much indisposed to proceed. I shall, with the leave of the com- mittee, improve another opportunity of ex- pressing to them more fully my ideas on this point. I wish the committee to remember that the constitution under examination is framed upon truly republican principles, and that, as it is expressly designed to provide for the com- mon protection and the general welfare of the United States, it must be utterly repugnant to this constitution to subvert the State govern- ments or oppress the people. SPEECH IN THE CASE OF HAKKY CKOSWELL. This speech in the celebrated cause of the People against Harry Oroswell, on an indict- ment for libel on Thomas Jefferson, President of the United States, was delivered before the Supreme Court of the State of New York, in the year 1804, by Mr. Hamilton, for the de- fendant, on a motion for a new trial.* Mat it please the Oouet : In rising to ad- dress your honors at so late a period of the day, and after your attention has been so much fa- tigued, and the cause has been so ably handled, I may say, so exhausted, I feel a degree of em- barrassment which it is with difficulty I can surmount. I fear lest it should not be possible for me to interest the attention of the court on the subject on which I have to speak. Never- theless, I have a duty to perform, of which I cannot acquit myself, but by its execution. I have, however, this consolation, that, though I may fail in the attempt, I shall be justified by the importance of the question. I feel that it is of the utmost magnitude ; of the highest im- portance viewed in every light. First, as it re- gards the character of the head of our nation ; for, if indeed the truth can be given in evi- dence, and that truth can, as stated in the in- dictment, be established, it will be a serious truth, the effect of which it will be impossible to foresee. It is important also as it regards the boundaries of power between the constitu- ent parts of our constitutional tribunals, to which we are, for the law and the fact, to re- sort — our judges and our juries. It is impor- tant, as it regards settling the right principles that may be applied to the case, in giving to either the one or the other the authority des- * See note at page 205. fined to it by the spirit and letter of our law. It is important on account of the influence it must have on the rights of our citizens. View- ing it, therefore, in these lights, I hope I shall, in the arduous attempt, be supported by its im- portance, and if any doubt hangs on the mind of the court, I shall, I trust, be able to satisfy them that a new trial ought to be had. The question branches itself into two divi- sions. The first as to the truth — whether, un- der a general issue of not guilty, it ought to be given in evidence. The other, as to the power of the, court — whether it has a right, ex- clusively, over the intent, or whether that and the law do not constitute one complicated fact, for the cognizance of the jury, under the di- rection of the judge. The last, I trust, can be made to appear, on the principles of our juris- prudence, as plainly as it is possible to evince any thing to a court ; and that in fact, there are no precedents which embrace the doctrines of the other side, or rather that they are so di- verse and contrarient that nothing can arise from them to make an application to this case. After these preliminary observations, and before I advance to the full discussion of this question, it may be necessary for the safety and accuracy of investigation, a little to define what this liberty of the press is, for which we contend, and which the present doctrines ol those opposed to us, are, in our opinions, calcu- lated to destroy. The liberty of the press consists, in my idea, in publishing the truth, from good motives and for justifiable ends, though it reflect on govern- ment, on magistrates, or individuals. If it be not allowed, it excludes the privilege of can- vassing men, and our rulers. It is in vain to say, you may canvass measures. This is im- possible without the right of looking to meiL SPEECH IN THE CASE OF HARRY OROSWELL. 205 To say that measures can he discussed, and that there shall be no bearing on those who are the authors of those measures, cannot be done. The very end and reason of discussion would be destroyed. Of what consequence to show its object ? Why is it to be thus demon- strated, if not to show, too, who is the author? It is essential to say, not only that the measure is bad and deleterious, but to hold up to the people who is the author, that, in this our free and elective government, he may be removed from the seat of power. If this be not to be done, then in vain will the voice of the people be raised against the inroads of tyranny. For, let a party but get into power, they may go on from step to step, and, in spite of canvassing their measures, fix themselves firmly in their seats, especially as they are never to be re- proached for what they have done. This ab- 7traot mode, in practice can never be carried into efiect. Bui., if under the qualifications I have mentioned, the power be allowed, the lib- erty, for which I contend, will operate as a salutary check. In speaking thus for the free- dom of the press, I do not say there ought to be an unbridled license ; or that the characters of men who are good, will naturally tend eter- nally to support themselves. I do not stand here to say that no shackles are to be laid on this license. I consider this spirit of abuse and calumny as the pest of society. I know the best of men are not exempt from the attacks of slauder. Though it pleased God to bless us with the first of characters, and though it has pleased God to take him from us, and this band of calumnia- tors, I say, that falsehood eternally repeated would have affected even his name. Di-ops of water, in long and continued succession, will wear out adamant. This, therefore, cannot be endured. It would be to put the best and the worst on the same level. I contend for the liberty of publishing truth, with good motives and for justifiable ends, even though it reflect on government, magistrates or private persons. I contend for it under the re- straint of our tribunals. When this is exceed- ed, let them interpose and punish. From this will follow none of those consequences so ably depicted. When, however, we do look at con- sequences, let me ask whether it is right that a permanent body of men, appointed by the ex- ecutive, and, in some degree, always connected with it, should exclusively have the power of deciding on what shall constitute a libel on our rulers, or that they shall share it, united with a changeable body of men, chosen by the peo- ple? Let our juries stiU be selected, as they now are, by lot. But it cannot be denied, that every permanent body of men is, more or less, liable to be influenced by the spirit of the exist- ing administration ; that such a body may be liable to corruption, and that they may be in- clined to lean over towards party modes. No man can think more highly of our judges, and I may say personally so of those who now pre- side, than myself; but I must forget what hu- man nature is, and what her history has taught us, that permanent bodies may be so corrupted, before I can venture to assert that it cannot be. As then it may be, I do not think it "safe thus to oompromit our independence. For though, as individuals, they may be interested in the general welfare, yet, if once they enter into the views of government, their power may be con- verted into the engine of oppression. It is in vain to say that allowing them this exclusive right to declare the law, on what the jury has found, can work no ill ; for, by this privilege, they can assume and modify the fact, so as to make the most innocent publication libellous. It is therefore not a security to say, that this exclusive power will but follow the law. It must be with the jury to decide on the intent ; they must in certain cases be permitted to judge of the law, and pronounce on the combined matter of law and of fact. Passages have been adduced from Lord Mansfield's declarations to show that judges- cannot be under the influence of an administration. Yet still it would be con- trary to our own experience, to say that they could not. I do not think that even as to our own country it may not be. There are always motives and reasons that may be held up. It is therefore still more necessary, here, to min- gle this power, than in England. The person who appoints there, is hereditary. That per- son cannot alone attack the judiciary ; he must be united with the two Houses of Lords and of Commons, in assailing the judges. But, with us, it is the vibration of party. As one side or the other prevails, so of that class and temperament will be the judges of their nomi- nation. Ask any man, however ignorant of principles of government, who constitute the judicial ? he will tell you the favorites of those at the head of affairs. According then to the theory of this, our free government, the inde- pendence ot our judges is not so well secured as in England. We have here reasons for ap- prehension not applicable to them. We are not, however, to be now influenced by the pre- ference to one side or the other. But of which side soever a man may be, it interests all, to have the question settled, and to uphold the power of the jury, consistently however with liberty, and also with legal and judicial prin- ples, fairly and rightly understood. None ol these impair that for which we contend — the right of publishing the truth, from good mo- tives and justifiable ends, though it reflect on government, on magistrates, or individuals.* ♦ The indictment in this case charged that Harry Cros- well, iate of the city of Hudson, in the county of Columbia, New York, printer, l>eing a malicious and seditious man, of a depraved mind, and wicked and diabolical disposition; and also deceitfully, wickedly, and maliciously devising, con- triving, and intending Thomas Jelferson, Esq., President of the United States of America, to detract from, scandalize, traduce, vilify, and to represent him, the said Thomas Jef forson, as unworthy of the confidence, tespect, and attach i06 ALEXANDER HAMILTON". Some observations have, however, been made in opposition to these principles. It is said, that as no man rises at once high into oflSoe, every opportunity of caiivassing his qualities and qualifications is afforded, without recourse to the press ; that his first election ought to stamp the seal of merit on his name. This, however, is to forget how often the hypocrite goes from stage to stage of public fame, under false array, and how often, when men attain the last object of their wishes, they change from that which they seemed to be ; that men, the most zealous reverers of the people's rights, have, when placed on the highest seat of pow- er, become their most deadly oppressors. It becomes, therefore, necessary to observe the actual conduct of those who are thus raised up. I have already shown, that though libelling siuill continue to be a crime, it ought to be so only when under a restraint, in which the court and the jury shall co-operate. What is a libel that it should be otherwise '^ "Why take it out of the rule that allows, in all criminal cases, when the issue is general, the jury to deter- mine on the whole ? "What is then a libel to induce this ? That great and venerable man. Lord Oambden, , already cited with so much ment of the people of the said United States, and to alienate and withdraw from the said Thomas Jefferson, Esq., Presi- dent as aforesaid, the obedience, fidelity, and allegiance of the citizens of the State of New York, and also of the said United States; and wickedly and seditiously to disturb the peace and tranquillity, as well of the people of the State of New York, as of the United States ; and also to bring the flaid Thomas Jefferson, Esq. (as much as in him, the said Harry Croswell, lay), into gi-eat hatred, contempt, and dis- grace, not only with the people of the State of New York, and the said people of the United States of America, but also with the citizens and subjects of other nations; and for that purpose the said Harry Croswell did, on the ninth of Septem- ber, in the year of our Lord 1802, with force and arms, at the said city of Hudson, in the said county of Columbia, wickedly, maliciously, and seditiously print and publish, and cause and procure to be printed and published, a certain scandalous, malicious, and seditious libel, in a certain paper or publication entitled The Waap ; containing therein, among other things, certain scandalous, malicious, inflam- matory, and seditious matters of and concerning the said Thomas Jefferson, Esq., then and yet being President of the United States of America; that is to say, in one part thereof according to the tenor and effect following, that is to say Jefferson (the said Thomas Jefferson, Esq., meaning) paid Callender (meaning one James Thompson Callender) for calling Washington (meaning George Washington, Esq., de- ceased, late President of the United States), a traitor, a rob- ber, and a perjurer ; for calling Adams, xneaning John Adams, Esq., late President of the United States, a hoary- headed incendiary, and for most grossly slandering the pri- vate characters of men who he (meaning the said Thomas Jefferson) well knew to be virtuous, to the great scandal and Infamy of the said Thomas Jefferson, Esq., in contempt of the people of the State of New York, in open violation of the laws of the said State, to the evil example of all others in like case offending, and against the peace of the people of clie State of New York, and their dignity. well-deserved eulogy, says that he has never yet been able to form a satisfactory definition. All essays made towards it, are neither accu- rate nor satisfactory ; yet, such as they are, I shall cite them and animadvert. Blackstone and Hawkins declare that it ia any malicious defamation, with an intent to blacken the reputation of any one, dead or alive. The criminal quality is its maliciousness. The next ingredient is, that it shall have an intent to defame. I ask, then, if the intent be not the very essence of the crime ? It is ad- mitted that the word falsity, when the pro- ceedings are on the statute, must be proved to the jury, because it makes the offence. "Why not then the malice, when, to constitute the crime, it must necessarily be implied? In rea- son there can be no difference. A libel is, then, a complicated matter of fact and law, with certain things and circumstances to give them a character. If so, then the malice is to be proved. The tendency to pro- voke is its constituent. Must it not be shown how and in what manner ? If this is not to be the case, must every one who does not panegy- rize be said to be a libeller? Unless the court are disposed to go that extreme length, it is necessary that the malice and intent must be proved. To this, it is certain the definition of Lord Coke may, in some degree, be opposed. He does seem to superadd " the breach of the peace." Lord Ooke, however, does not give this as a specific definition ; and even then the defamatory writing, which he particularizes, includes the question both of intent and malice. The breach of the peace, therefore, is not made the sole, but only one of the qualities. The question is not on the breaking of the peace, but depends on time, manner and circum- stances, which must ever be questions of fact for jury determination. I do not advocate breaking the peace : observations may be made on public men, which are calculated merely to excite the attention of the commu- nity to them; to make the people exercise their own functions, which may have no ten- dency to a breach of the peace, but only to in- spection. For surely a man may go far in the way of reflecting on public characters, without the least design of exciting tumult. He may only have it in view, to rouse the nation to vigilance and a due exertion of their right to change their rulers. This, then, being a mere matter of opinion, can it be not a matter for them to judge of, to whom it is addressed? The court, to be sure, may, like a jury, and in common with them, have the legal power and moral discernment to determine on this ; yet it does not arise out of the writing, but by ad- verting to the state of things and circum- stances. It, therefore, answers no purpose to say it has a tendency to a breach of the peace. Lord Loughborough, in the Pari. Ohron. 644, 657, instances that passages from holy writ may be turned into libels, SPEECH IN THE CASE OF HARRY OROSWELL. 207 Lord Thurlow admits that this may happen, and that time and circumstances may enter into the question. He, it is true, sanctioned the doctrines of our opponents, but allowed time and circumstances to be ingredients ; and, strange to say, though these are extrinsic to the record, was of opinion for the old law. Lord Thurlow says, however, that it might be some- thing more than a bare libel. Intimating here, that it may be even treason; and is it net, then, to confess that intent is a matter of fact? If so, who, or where shall be the forum but the jury? My definition of a libel is, and I give it with all difiidence after the words of Lord Oambden, my definition, then, is this : I would call it a slanderous or ridiculous writing, picture or sign, with a malicious or mischievous design or intent, towards government, magistrates, or individuals. If this definition does not em- brace all that may be so called, does it not cover enough for every beneficial purpose of justice? If it have a good intent, it ought not to be a libel, for it then is an innocent transac- tion ; and it ought to have this intent, against which the jury have, in their discretion, to pronounce. It shows itself to us as a sentence of fact. Crime is a matter of fact by the code of our jurisprudence. In my opinion, every specific case is a matter of fact, for the law gives the definition. It is some act in violation of law. "When we come to investigate, every crime includes an intent. Murder consists in killing a man with malice prepense. Manslaugh- ter, in doing it without malice, and at the mo- ment of an impulse of passion. Killing may even be justifiable, if not praiseworthy, as in defence of chastity about to be violated. In these cases the crime is defined, and the intent is always the necessary ingredient. The crime is matter of law, as far as definition is concern- ed ; fact, as far as we are to determine its ex- istence. But it is said the judges have the right, on this fact, to infer the criminal intent, that be- ing matter of law. This is true ; but what do we mean by these words, unless the act de- pendent on, and united with its accessaries, such as the law has defined, and which when proved, constitute the crime ? But whether the jury are to find it so, with all its qualities, is said to be a question ; no act, separate from cir- cumstances, can be criminal, for without these qualities it is not a crime. Thus, as I have be- fore instanced, murder is characterized by being with malice prepense ; manslaughter, by being involuntary ; justifiable homicide, by having some excuse. Killing, therefore, is not a crime ; but it becomes so in consequence of the circumstances annexed. In cases that are, in the general opinion of mankind, exceptions to the explanations I have given, the law contem- plates the intent. In duelling, the malice is supposed, from the deliberate acts of reflect- ing, sending a challenge, and appointing the time and place of meeting. Here, it is true, the law implies the intent ; but then let it be remembered that it is in consequence of its having previously defined the act. and forbid- den its commission. This too is on the princi- ple of natural justice, that no man shall be the avenger of his own wrongs, especially by a deed, alike interdicted by the laws of God and of man. That, therefore, the intent shall in this case constitute the crime, is because the law has declared it shall be so. It is impossi- ble to separate a crime from the intent. I call on those opposed to us to say what is a libel. To be sure they have told us that it is any scan- dalous publication, &c. which has a tendency to a breach of the peace. This^ indeed, is a broad definition, which must, for the purposes of safety, be reduced to a positivte fact, with a criminal intent. In this there is no violation of law ; it is a settled maxim, that mens facit reum; Mm reus, nui sit mens rea. When a man breaks into a house it is the intent that makes him a felon. It must be proved to the jury that it was his intention to steal: they are the judges of whether the intent was such, or whether it was innocent. Then so, I say, should it be here ; let the jury determine, as they have the right to do, in all other cases, on the complicated circumstances of fact and in- tent. It may, as a general and universal rule, be asserted that the intention is never excluded in the consideration of the crime. The only case resorted to, and which is relied on by the opposite side, (for all the others are built upon it,) to show a contrary doctrine, was a star- chamber decision. To prove how plainly the intent goes to the constituting the crime of li- bel, the authority cited by the counsel associ- ated with me, is fully in point. In that, the letter written to the father, though (as far as words were concerned) perfectly a libel, yet having been written for the purpose of refor- mation, and not with an intent to injure, was held not to amount to a libel. Suppose per- sons were suspected of forging public papers, and this communicated by letter to the Secre- tary of State, with a good design ; stiU, if the doctrines contended for were to prevail, it would be libellous and punishable, though the party not only did it with the best of motives, but actually saved the State. In madness and idiocy, crimes may be perpetrated; nay, the same malicious intent may exist, but the crime does not. These things tend to show that the criminality of an act is a matter of fact and law combined, and on which it cannot belong to the exclusive jurisdiction of the court to de- cide the intent ; for the question is for ever a question of fact. The criminal intent, says Lord Mansfield, in the dean of St. Asaph's case, is what makes the crime. Here that truly great man — for great he was, and no one more really estimates him than I do, yet he might have some biases on his mind not extremely favorable to liberty — here, then, he seems to favor the doctrine contended for ; 208 ALEXANDEE HAMILTON. but he will be found to be at times contradic- tory, nay, even opposed to himself. "A crim- inal intent in doing a thing in itself criminal, without a lawful excuse, is an inference of law." How can that be in itself criminal which ad- mits of a lawful excuse ? Homicide is not in itself a crime, therefore it is not correct to say a criminal intent can be inferred, because a lawful excuse may be get up. A thing cannot be criminal which has a lawful excuse, but as it may have a certain quality which constitutes the crime. To be sure, you may go on to say that where the intent bestows the character of criminality on an act indifferent, then it is a matter of fact, and not where the act is bad in itself But this is begging the question. "We contend that no act is criminal, abstracted and divested of its intent. Trespass is not in itself innocent. No man has a right to enter anoth- er's land or house. Yet it becomes in this lat- ter case felony only in one point of viewj and whether it shall be holden in that point is a subject of jury determination. Suppose a man should enter the apartments of the king ; this, in itself, is harmless, but if he do it with an in- tent to assassinate, it is treason. To whom nrast this be made to appear in order to induce conviction ? to the jury. Let it rather be said that crime depends on intent, and intent is one parcel of the fact. Unless, therefore, it can be shown that there is some speciflo character of libel that will apply in all cases, intent, tenden- cy, and quality must all be matters of fact for a jury. There is, therefore, nothing which can be libel, independent of circumstances ; nothing which can be so called in opposition to time and circumstances. Lord Loughborough, in- deed, in the parliamentary debates on this very subject, to which I have referred the court, ad- mits this to be the case. Lord Mansfield, em- barrassed with the truth and strength of the doctrine, endeavors to contrast meaning with intent. He says that the truth may be given in evidence to show the meaning, but not the in- tent. If this can be done to show the applica- tion where the person is imperfectly described, why not to prove the intent, without which the crime cannot be committed? Whatever is done collaterally must show this, and in all cases collateral facts are for the jury. The in- tent here has been likened to the construction of a deed, or any written instrument, in all of which the intent is for the court. But the comparison will not hold ; for even there the intent may be inquired of aliunde. When you go to quality and explain, what is this but to decide on the intent by matters of fact ? Lord Mansfield is driven into this contradiction when, on one occasion, he says it is a matter on which the jury may exercise their judgment, and in another, that it is not. I am free to confess, that in difficult cases, it is the duty of a jury to hearken to the directions of a judge with very great deference. But if the meaning must be either on the face of the libel or from any thing aliunde, then it must be a matter of fact for the jury. That the qiu> anAmo affects the constitution of libel, cannot be disputed, and must be inquired of by some body. Now, unless this is to be tried by the jury, by whom is it to be determined? Will any man say, that in the case in the star chamber, respecting the letter written to the child's father, the in- tent was not the reason why it was held inno cent, and the quo animo not gone into ? Did they not then endeavor to prove the guilt by the intent ? Now, if you are to show things malicious aliunde, you may defend by the same means. The mens is the question, and in com- mon parlance it is that to which we resort to show guilt. 11 Mod. the Queen m. Brown will explain how it is to be found. Nay, in this very case, when the counsel for the defendant objected to the attorney general's reading pas- sages from the prospectus of the Wasp, and from other numbers, he expressly avowed that he thus acted in order that the jury might see it to be " manifest that the intent of the de- fendant was malicious." This, I here observe, is a mistake that law officers would not be very apt to slide into. Yet, on this very intent, this malicious intent thus proved to the jury, and on which they founded their verdict, is the court now asked to proceed to judgment. To demonstrate how fully this matter of intent is by our law a subject of jury determination, suppose the grand jury had, in the present case, returned to the bill ignoramus ; on what would they have founded their return ? Is not this, then, a precedent that the quo animo is for a jury ? If it be necessary only to find the publi- cation, why is not the grand jury competent for the whole ? For if the supposition is that the grand jury may decide on the finding of the bill, surely the petit jury may acquit. If so, then is the case I have mentioned an important precedent. In Rex vs. Home, an authority that has been justly urged, the principle is al- lowed. It appears there that the jury are to exercise their judgment from the nature of the act, what is its intent. Into a confession of this is Lord Mansfield himself driven. Begina !)S. Fuller, we are told from the other side, was a case on the statute for scandalum magnatum. Of this, however, I can find no trace in the books, and there Lord Holt repeatedly interro- gated as to the truth, would have allowed it to be given in evidence, and directed the jury that, if they did not believe the allegations false, they were not to find the defendant | guilty. This, then, is a decision, as we con- tend, that not only the intent, but the truth is important to constitute the crime, and nothing has been shown against it. Nay, Lord Holt goes on still further ; he bids the jury consider whether the papers have not a tendency to be- get sedition, riot, and disturbance. Surely this authority of that great man demonstrates that intent and tendency are matters of fact for a jury. This argument will be further strength- ened when I enumerate those cases where truth has been permitted to be shown. But before I SPEECH IS THE CASE OF HAEEY CROSWELL. 209 do thut, I must examine how far truth is to be given in evidence. This depends on the intent's being a crime. Its being a truth is a reason to infer that there was no design to injure another. -Thus, not to decide on it would be injustice, as it may be material in ascertaining the intent. It is impossible to say that to judge of the quality and nature of an act, the truth is imma- terial. It is inherent in the nature of things, that the assertion of truth cannot be a crime. In all systems of law this is a general axiom, but this single instance, it is attempted to assert, creates an exception, and is therefore an anom- aly. If, however, we go on to examine what may be the case that shall be so considered, we cannot find it to be this. If we advert to the Roman law, we shall find that Paulus and Pe- reizius take a distinction between those truths which relate to private persons and those in which the public are interested. Vinnius lays it down in the doctrine cited by-the associate counsel who last spoke. If, then, we are to consider this a doctrine to he adopted in all that relates to public men, it ought now to be received. When we advert to the statutes they confirm our positions. Tliese statutes are in- disputably declaratory of the early law. We know that a great part of the common law has been, for certainty, reduced to statutes. Can we suppose that the common law did not no- tice that no punishment was to be inflicted for speaking the truth, when we see a statute thus enacting ? Therefore, the fair reasoning is, that they are declaratory of the common law. That, by our code, falsehood must be the evidence of the libel. If we apply to precedents, they are de- cidedly for us. In the case cited from 7 D. and E. this is admitted, for there it is allowed that the word false is contained in all the ancient forms. Thisy then, is a strong argument for saying that the falsity was, by the common law, considered a necessary ingredient. It is no answer to say that in declarations for as- saxilt we use the words, "sticks, staves, &c." When instruments are named, this imports only one or the other which might be used ; but when a word by way of epithet, that it means a precise idea, and we are to take it as if intro- duced for the purpose of explaining the crime. As to the practice on this occasion, we must take various epochs of the English history into consideration. At one time, that the law was as we have shown, is proved by the statutes. At that time the truth was clearly drawn into question, and that since the period of Lord Raymond a different practice has prevailed, is no argument against the common law. The authority from the third institute is conclusive, it least satisfactory, to show that it was then necessary to show the words were true. Ut quid, &c., qum litera in se eontinet rmllam veri- tatem idea, &o. It is to be supposed that the truth in this case was not inquired into, when the want of it is the reason of the judgment. Unless this had been gone into, the court would 14 not nor could not have spoken to it. The in- sertion of that, then, is a strong argument that this was the old law, and it shows us what that law was. In the case of the seven bishops, they were allowed to go into all the evidence they wanted. The court permitted them to read every thing to show it. On that occasion Halloway and all agreed as to the admissibility of the truth. But this case is important in another view, as it shows the intent ought to be inquired into, for the bishops might have done it either with a seditious or an innocent motive. They declare that by the law they could not do the act required. They exculpated themselves by an appeal to their consciences. This shows the necessity of in- quiring into the intent of the act. In Rex vs. Fuller, this very atrocious oflfender was indicted for a most infamous libel, and yet Lord Holt at every breath asked him, Can you prove the truth ? At the time, then, when this was done, there were some things in favor of the truth. It stands, then, a precedent for what we contend. I shall now notice some intermediate authorities between that day and those in which a contrary principle has been endeavored to be supported. It is true that the doctrine originated in one of the most op- pressive institutions that ever existed ; in a court where oppressions roused the people to demand its abolition, whose horrid judgments cannot be read without freezing the blood in one's veins. This is not used as declamation, but as argument. If doctrine tends to trample on the liberty of the press, and if we see it coming frdm a foul source, it is enough to warn us against polluting the stream of our own ju- risprudence. It is not true that it was abol- ished merely for not using the intervention of juries, or because it proceeded ex parte', though that, God knows, would have been reason enough, or because its functions were discharged by the court of king's bench. It was because its decisions were cruel and tyrannical; be- cause it bore down the liberties of the people, and inflicted the most sanguinary punishments. It is impossible to read its sentences without feeling indignation against it. This will prove why there should not be a paramount tribunal to judge of these matters. Want's case is the first we find, on this sub- ject : but even then we do not meet the broad definition of Lord Coke, in the case de famosis libellis. I do not deny this doctrine of the im- materiality of the truth as a universal negative to a publication's being libellous, though true. But still I do say, that in no case may you not show the intent ; for, whether the truth be a jus- tification, will depend on the motives with which it was published. Personal defects can be made public only to make a man disliked. Here then it will not be excused ; it might, however, be given in evi- dence to show the libellous degree. StiU, how- ever, it is a subject of inquirv. There may be a fair and honest exposure. But if he uses the 210 ALEXANDER HAMILTON. weapon of trutli -wantonly ; if for the purpose of disturbing tlie peace of families ; if for re- lating that which does not appertain to oflBcial conduct, so far we Say the doctrine of our op- ponents is correct. If their expressions are, that libellers may he punished though the matter contained in the libel be true, in these I agree. I confess that the truth is not mate- rial as a broad proposition respecting libels. But that the truth cannot be material in any respect, is contrary to the nature of things. No tribunal, no codes, no systems can repeal or impair this law of God, for by his eternal laws it is inherent in the nature of things. We first find this large and broad position to the contrary in 5 Rep. And here it is to be no- ticed, that when Lord Coke himself was in of- fice, when he was attorney-general, and allow- ed to give his own opinion, he determines the tnith to be material. But when he gets into that court, and on that bench which had pro- nounced against it, when he occupies a star- chamber seat, then he declares it is immaterial. I do not mention this as derogating from Lord Ooke, for, to be sure, he may be said to have yielded ; but this, I say, is the first case on this point in which he seems to be of a contrary opinion. We do not, in every respect, contend even against his last ideas, we only assert that the truth may be given in evidence. But this we allow is against the subsequent authorities, which, in this respect, overturn the former pre- cedents. These latter, however, are contrary to the common law ; to the principles of jus- tice and of truth. The doctrine, that juries sliall not judge on the whole matter of law and fact, or the intent and tendency of the publi- cation, is not to be found in the cases before the time of Lord Raymond ; and it is contrary to the spirit of our law, because it may prevent them from determining on what may, perhaps, be within their own knowledge. It was only by Lord Raymond that this was first set up and acted upon, and this has been followed by Lord Mansfield and his successors. Here, then, have been a series of precedents against us. Black- stone, too, says that the truth may not be given in evidence so as to justify ; i and so, with the qualifications I have before mentioned, do we. Prior, indeed, to his time. Lord Holt had laid down the law, in one or two cases, in con- formity to that of the other side, and later times have given this a currency by a coinci- dence of precedents in its favor. A reflection may, peyhaps, be here indulged, that, from what I have before remarked on Lord Ooke, it is frequent for men to forget sound princi- Eles, and condemn the points for which they ave contended. Of this, the very case of the seven bishops is an example, when those, who there maintained the principles for which we contend, supplanted the persons then in power, they were ready to go the whole length of the doctrine, that the truth could not be given in evidence on a libel. This is an admonition that onght at aU times to be attended to ; that at all times men are disposed to forward principles to support themselves. The authority of Paley has been adduced, if indeed he may be called an authority. That moral philosopher con siders every thing as slanderous libels, whethei true or false, if published with motives of malice. In these cases he does not consider the truth a justification. Nor do we ; we do not say that it is, alone, always a justification of the act; and this we say, consistent with sound morality, is good law and good sense. On what ought a court to decide on such an occasion as this? Shall they he shackled by precedents, weakened in that very country where they were formed? Or rather, shall they not say, that we will trace the law up to its source ? We consider, they might say, these precedents as only some extraneous bodies engrafted on the old trunk ; and as such I believe they ought to be considered. I am inclined to think courts may go thus far, for it is absolutely essential to right and security that the truth should be ad- mitted. To be sure, this may lead to the pur- poses suggested. But my reply is, that gov- ernment is to be thus treated, if it furnish reasons for calumny. I aflSrm, that in the gen- eral course of things, the disclosure of truth is right and prudent, when liable to the checks I have been willing it should receive as an object of animadversion. It cannot be dangerous to government, though it may work partial difficulties. If it be not allowed, they will stand liable to en- croachments on their rights. It is evident, that if you cannot apply this mitigated doc- trine, for which I speak, to the cases of libels here, you must for ever remain ignorant of what your rulers do. I never can think this ought to be ; I never did think the trnth was a crime ; I am glad the day is come in which it is to be decided, for my soul has ever abhor- red the thought that a free man dared not speak the truth ; I have for ever rejoiced when this question has been brought forward. • I come now to examine the second branch of this inquiry — the different provinces of the court and the jury. I will introduce this sub- ject by observing, that the trial by jury has been considered, in the system of English juris- prudence, as the palladium of public and pri- vate liberty. In aU the political disputes of that country, this has been deemed the barrier to secure the subjects from oppression. If, in that country, juries are to answer this end, if they are to protect from the weight of State prosecutions, they must have this power of judging of the intent, in order to perform their functions ; they could not otherwise answer the ends of their institution. For, under this dan- gerous refinement of leaving them to decide only the fact of composing and publishing any thing on which they may decide, may be made a libel. I do not deny the well-known maxim, that to matters of fact, the jury, and to mat- ters of law, the judges, shall answer. I do not SPEECH IN THE CASE OF HAERY OEOSWELL. 211 deny this, because it is not necessary for the purposes of this or any other case, that it should be denied. I say, with this complicated ex- planation, I have before given of the manner in which the intent is necessarily interwoven in the fact, the court has the general cognizance of the law. In all cases of ancient proceed- ings the question of law must have been pre- sented. It was in civil oases alone that an attaint would lie. They have, it is said, the power to decide in criminal, on the law and the fact. They have then the right, because they cannot be restricted in its exercise ; and, in politics, power and right are equivalent. To prove it, what shall we say to this case? Suppose- the legislature to have laid a tax, which, by the constitution, they certainly are entitled to im- pose, yet still th« legislature may be guilty of oppression ; but who can prevent them, or say they have not authority to raise taxes ? Legal power, then, is the decisive effect of certain acts without control. It is agreed, that the jury may decide against the direction of the court, and that their vex-diot of acquittal can- not be impeached, but must have its effect. This, then, I take to be the criterion, that the lonstitution has lodged the power with them, and they have the right to exercise it. For this I could cite authorities. It is nothing to say, in opposition to this, that they, if they act wrong, are to answer between God and their consciences. This may be said of the legisla- ture, and yet, nevertheless, they have the pow- er and the right of taxation. I do not mean to admit, that it would be proper for jurors thus to conduct themselves, but only to show that the jury do possess the legal right of deter- mining on the law and the fact. What, then, do I conceive to be true doctrine ? That in the general distribution of power in our constitu- tion, it is the province of the jury to speak to fact, yet, in criminal cases, the consequences and tendency of acts, the law and the fact are always blended. As far as the safety of the citizen is concerned, it is necessary that the jury shall be permitted to speak to both. How, then, does the question stand? Certainly not without hazard; because, inasmuch as in the general distribution of power, the jury are to be confined to fact, they ought not wantonly to depart from the advice of the court ; they ought to receive it, if there be not strong and valid reasons to the contrary ; if there be, they should reject. To go beyond this is to go too far. Because, it is to say, when they are obliged to decide, by their oath, according to the evidence, they are bound to follow the words of the -judge. After they are satisfied, from him, what the law is, they have a right to apply the definition. It is convenient that it shoidd be so. If they are convinced that the law is as stated, let them pronounce him guilty ; but never let them leave that guilt for the judge ; because, if they do, the victim may be offered up, and the defendant gone. Will any one say, that under forms of law we may com- mit homicide ? Will any directions from any judge excuse them ? I am free to say, I would die on the rack, were I to sit as a juror, rather than confirm such a doctrine, by condemning the man I thought deserved to be acquitted ; and yet I would respect the opinion of the judge, from which, however, I should deem myself at liberty to depart, and this I believe to be the theory of our law. These are the propositions I shall endeavor to maintain. I have little more to do than ex- amine how far precedents accord with princi- ples, and whether any establish a contrary doc- trine. I do not know that it is necessary to do more than has already been done by my asso- ciate counsel, and yet, perhaps, I should not complete my duty without adverting to what has fallen, on this point, from our opponents. There is not one of the ancient precedents in which our doctrine has not in general prevailed, and it is, indeed, to be traced down to one of a modern date. The case of the seven bishops is that to which I allude. There it was per- mitted to go into the truth, and all the court submitted the question to the jury. This case deserves particular attention. If, on the one hand, it was decided at a time when the nation was considerably agitated, it was, on the other hand, at a time when great constitutional pre- cedents and points were discussed and resolved. The great one was, the power of the jury ; and this power was submitted to, to extricate tJie people, for the salvation of the nation, from the tyranny with which they were then op- pressed. This was one of the reasons which brought about their glorious revolution, and which, perhaps, tended to the maturing those principles which have given us ours. This ought to be considered as a landmark to our liberties, as a pillar which points out to us on what the principles of our liberty ought to rest ; particularly so if we examine it as to its nature, and the nature of the attempts then made to set up and support the endeavors to construe an act of duty a libel — a deed in which conscience did not permit those reve- rend characters to act in any other way than what they did, a respect to which they held a bounden duty. It is a precedent then on which we should in every way fasten ourselves. The case of Fuller is of minor importance. Yet that is one in which Lord Holt called on the defendant to enter into the truth. In the King vs. Tutchin, Lord Holt expressly tells the jury, you are to consider whether the tendency of this writing be not to criminate the adminis- tration; you, the jury, are to decide on this. Owen's case is to the same eft'eot. There Lord Cambden was of counsel, and in the discussion, in the House of Lords, he tells us, and surely his testimony is good, that being of counsel for the defendant, he was pernitted to urge to the jury a cognizance of the whole matter of libel : that in the case of Shepherd, where, by his of- ficial situation, he was called on to prosecute foi 212 ALEXANDER HAMILTON". 'zhs Crown, where tlie interests of government sailed on him to maintain an opposite doctrine, yet then he Insisted for a verdict on the whole matter, from the consideration of the jury. In the King m. Home, Lord Mansfield himself tells the jury they have a right to exercise their judgment from the nature of the intent. This surely, then, is a precedent down to a late pe- riod. It is not, however, to be denied, that there is a series of precedents on the other side. But as far as precedents of this kind can be .supported, they can rest on precedents alone, for the fundamental rights of juries show, that as by their power they can affect a question of ohis nature, so, politically speaking, they have the right. To ascertain this, it is necessary to inquire, whether this law, now contended for, uniformly and invariably formed the practice of all the judges in Westminster Hall. For, if BO, then an argument may, with more propri- ety, be raised ; but if it was disputed, then it is to be doubted. Precedents ought to be such as are universally acknowledged, and this, if we are to credit the highest authority, was not the invariable practice. Lord Loughborough says, that his practice was the other way. He declares that he invariably left the whole to the jury ; and Lord Oambden gives us to un- derstand the same thing. Here, then, is proof that it was not universally acquiesced in, and this, by some of the most respected characters that ever sat on a bench. Can we oaU this a settled practice — a practice which is contra- dicted by other precedents? Have they not varied? I consider nothing but a uniform course of precedents, so established that the judges invariably conform to it in their judicial conduct, as forming a precedent. "When this is not the case, we must examine the precedent, and see how far it is conformable to princi- ples of general law. If, then, they have not that character of uniformity, which gives force to precedents, they are not to be regarded, for they are too much opposed to fundamental principles. The court may, therefore, disre- gard them, and say the law was never thus settled. It was a mere floating of litigated questions. Different conduct was pursued by different men, and, therefore, the court is at liberty to examine the propriety of all ; and if it be convenient that a contrary mode should be adopted, we ought to examine into what has been done, for we have a right so to do, and it is our sacred duty. "When we pass from this to the /declaratory law of Great Britain, the whole argument is enforced by one of the first authority. I do not consider it as binding, but as an evidence of the common 'law. If so, I see not why we may not now hold it as evi- dence of another evidence, that the law had not been settled by a regular course of judicial precedents. On all the debates on this ques- tion, it is denied to have been so settled. It must then be confessed that it was so ; the law was one thing, and the practice another ; that to put it out of doubt, was the end and object of Mr. Fox's bill. Therefore, it is in evidence that the law was not settled in that country, I notice another fact, or historical evidence ol this ; it is what was mentioned by Lord Lans- downe, in the very debates to which I have be- fore alluded. It is, that twenty years before, a similar act was brought forward and dropped. Here then is a matter of fact, to show that, in the consideration of that nation, the doctrines of Lord Mansfield were never palatable nor settled, and that the opinions of judges and lawyers, were considered by many, as not the law of the land. Let it be recollected, too, that with that nation the administration of jus- tice, in the last resort, is in the House of Lords. That being so, it gives extreme weight to a declaratory act, as it shows the sense of the highest branch of the judicature of that coun- try. It is in evidence that what we contend for was, and had been the law, and never was otherwise settled. It is a very honorable thing to that country, in a case where party passions had been excited to a very great height, to see that all united to bring it in. It was first in- troduced by Mr. Fox ; the principal officers of the Grown acquiesced ; the prime minister gave it his support, and in this they were aided by many of the great law lords. AU parties con- curred in declaring the principles of that act to be the law ; and not only does the form prove it to be declaratory, but when the court read the debates on that subject, they will see this to be the fact. Adding the word enacted to a bill, does not vary the conclusion of its being declaratory. The word enacted is commonly superadded, but the word declared, is never used but when it is intended that the act shall be considered as declaratory; and, when they insert the word declare, it. is because they deem it important that it should be so understood. This I deem conclusive evidence of the intent. Thus also it was understood by all the judges, except Lord Kenyon, and he does not say that it was not declaratory. To be sure he makes use of some expressions that look that way ; such as, " that the act had varied the old law." But not one word to show that it was not in- tended, by Parliament, to be a declaratory law. But it would not be surprising that Lord Ken- yon, who opposed the passage of the act, should, in a judicial decision, still adhere to his old ideas. This, however, does not affect the evidence which arises from the words of the act. I join in issue, then, whether this be sufiicient evidence to the court. For I con- tend, that notwithstanding the authority of Lord Kenyon, and the cases on the other side, the conclusions they maintain would be unfair. For, if these conclusions necessarily tend to the subversion of fundamental principles, though they be warranted by precedents, still the pre- cedents ought not to weigh. But should they have settled the law by their precedents, still this court will admit any evidence to show that the facts are otherwise, and the law never was as they have settled it. In this case then, I SPEECH m THE CASE OF HARRY OROSWELL. 213 say, as matters of evidence, these precedents shall not prevail, and shall not have any eiFect. In practice, on this declaratory act, they have gone into a construction important to our argu- ment. But, previously to entering into this, I shall make one observation to show the nature of this act to be declaratory ; the recital states it to be so. Spencer, Attorney General. — The whole mat- ter in issue are the words. Hamilton. — Is it to be doubted that every general issue includes law and fact? Not a case in our criminal code in which it is other- wise. The construction, the publication, the meaning of the inuendoes, the intent and de- sign, are all involved in the question of libel, and to be decided on the plea of not guilty, which puts the whole matter in issue. It is, therefore, a subtlety to say that the fact and law are not in issue. There can be no distinc- tion taken, even by judges, between libels and other points. But will it be said, that when this question was before the parliament, whether the law and fact should be in issue, that the parliament did not mean to give the power to decide on both ? It is a mere oavU to say that the act did not mean to decide on this very point. The opposition of the twelve judges has been much insisted on. But in my opinion they have given up the point as to the right of the jury to decide on the intent. They in some part of their answer assert the exclusive power of the court ; they deny in terms the power of the jury to decide on the whole. But when pressed on this point as to a letter of a treason- able nature, how do they conclude ? Why, the very reverse of all this. Here, then, we see the hardship into which the best of men are driven, when compelled to support a paradox. Can the jury do it with power, and without right? When we say of any forum that it can do and may hazard the doing a thing, we ad- mit the legal power to do it. What is meant by the word hazard ? If they choose to do it, they have then the legal right; for legal power includes the legal right. This is really only a question of words. But in the exercise of this right, moral ideas are no doubt to restrain ; for the conscience ought to decide between the charge and the evidence which ought to pre- ■ vail, one side or the other. The moment, how- ever, that question as to the power is admitted, the whole argument is given up. I consider the judges driven to yield up, at the conclusion of their opinion, that point for which they had in the former parts contended. Thus, then, stands the matter, on English conduct and on English precedents. Let us see if any thing in the annals of America will further the argu- ment. Zenger's case has been mentioned as an authority. A decision in a factious period, and reprobated at the very time. A single prece- dent never forms the law. If in England it was fluctuating in an English court, can a colo- nial judge, of a remote colony, ever settle it! He cannot fix in New York what was not fixed in Great Britain. It was merely one more precedent to a certain course of practice. But because a colonial governor, exercising judicial power, subordinate to the judges of the mother country, decides in this way, can it be said that he can establish the law, and that he has, by a solitary precedent, fixed what his superior could not ? The most solemn decisions of the court of king's bench are at one time made and at another time overruled. Why are our courts to be bound down by the weight of only one precedent ? Is a precedent, like the laws of the Medes and Persians, never to be changed? This is to make a colonial precedent of more weight than is in England allowed to a prece- dent of Westminster Hall. To pursue the pre- cedents more emphatically our own, let us ad- vert to the sedition law, branded indeed with epithets the most odious, but which will one day be pronounced a valuable feature in our national character. In this we find not only the intent but the truth may be submitted to the jury, and that even in a justificatory man- ner. This, I affirm, was on common law prin- ciples. It would, however, be a long detail to investigate the applicability of the common law to the constitution of the United States. It is evident, however, that parts of it use a language which refers to former principles. The habeas corpus is mentioned, and as to trea- son, it adopts the very words of the common law. Not even the legislature of the Union can change it. Congress itself cannot make con- structive or new treasons. Such is the general tenor of the constitution of the United States, that it evidently looks to antecedent law. What is, on this point, the great body of the common law ? Natural law and natural reason applied to the purposes of society. What are the English courts now doing but adopting natural law ? What have the court done here ? Applied moral law to constitutional principles, and thus the judges have confirmed this construc- tion of the common law ; and therefore, I say, by our constitution it is said the truth may be given in evidence. In vain is it to be replied that soniie committee met, and in their report gave it the name of amendment. For when the act says declared, I say the highest legisla- tive body in this country have declared that the, common law is, that the truth shall be given in evidence ; and this I urge as a proof of what that common law is. On this point a fatal doc- trine would be introduced, if we were to deny the common law to be in force according to our federal constitution. Some circumstances have doubtless weakened my position. Impeach- ments of an extraordinary nature have echoed through the land, charging as crimes things un- known; and although our judges, according to that constitution, must appeal to the definitions of the common law for treasons, crimes, and misdemeanors. This, no doubt, was that no vague words might be used. If, then, we dis- charge all evidence of the common law, thej U4 ALEXAlfDER HAMILTON. may be pronounced guilty ad KUtwm; and the crime and offenoe being at once at their will, there would be an end of that constitution. By analogy, a similar construction may be made of our own constitution, and our judges thus got rid of. This may be of the most dan- gerous consequences. It admonishes us to use with caution these arguments against the com- mon law ; to take care how we throw down this barrier, wliich may secure the men we have placed in power ; to guard against a spirit of faction, that great bane to community, that mortal poison to our land. It is considered by all great men as the natural disease of our form of government, and therefore we ought to be careful to restrain that spirit. We have been careful that when one party comes in it shall not be able to break down and bear away the others. If this be not so, in vain have we made constitutions ; for if it be not so, then we must go into anarchy, and from thence to despotism and to a master. Against this I know there is an almost insurmountable obstacle in the spirit of the people. They would not submit to be thus enslaved. Every tongue, every arm would be uplifted against it ; they would re- sist, and resist, and resist, till they hurled from their seats those who dared make the at- tempt. To watch the progress of such endeav- ors is the oflBoe of a free press ; to give us early alarm, and put us on our guard against the en- croachments of power. This, then, is a right of the utmost importance ; one for which, in- stead of yielding it up, we ought rather to spill our blood. Going on, however, to precedents, I find another in the words of Chief Justice Jay, when pronouncing the law on this subject. The jury are, in the passage already cited, told the law and the fact is for their determination; I find him telling them that it is their right. This admits of no qualification. The little, miserable conduct of the judge in Zenger's case, when set against this, will kick the beam ; and it will be seen that even the twelve judges do not set up, with deference, however, to their known abilities, that system now insisted on. If the doctrine for which we contend is true in regard to treason and murder, it is equally true in respect to libel. For there is the great dan- ger. Never can tyranny be introduced into this country by arms ; these can never get rid of a popular spirit of inquiry ; the only way to crush it down is by a servile tribunal. It is only by the abuse of the forms of justice that we can be enslaved. An army never can do it. For ages it can never be attempted. The spirit of the country, with arms in their hands, and disciplined as a militia, would render it impos- sible. Every pretence that liberty can be thus invaded is idle declamation. It is not to be en- dangered by a few thousands of miserable, piti- ful military. It is not thus that the liberty of this country is to be destroyed. It is to be subverted only by a pretence of adhering to all the forms of law, and yet, by breaking down '.he substance of our liberties ; by devoting a wretched but honest man as the victim of 8 nominal trial. It is not by murder, by an open and public execution, that he would be taken off. The sight of this, of a fellow-citizen'a blood, would at first beget sympathy; this would rouse into action, and the people, in the madness of their revenge, would break, on the heads of their oppressors, the chains they had destined for others. One argument was stated to the court of a most technical and precise kind. It was that which relates to putting on the record a part only of the libel. That on this no writ of error would lie. What was the answer given? That it could not be presumed judges could be so un- just. Why, it requires neither prejudice nor injustice, it may be matter of opinion. The argument goes to assert that we are to take for granted the infallibility of our judges. The court must see that some better reason must be given ; that it must be shown that this conse- quence cannot ensue. If not, it is decisive against the argument. Surely this question de- serves a further investigation. Very truly and righteously was it once the intention of the at- torney-general that the truth should have been given in evidence. It Is desirable that there should be judicial grounds to send it back again to a jury. For surely it is not an immaterial thing that a high official character should be capable of saying any thing against the father of this country. It is important to have it known to the men of our country, to us all, whether it be true or false ; it is important to the reputation of him against whom the charge is made, that it should be examined. It will be a glorious triumph for truth ; it will be happy to give it a fair chance of being brought forward ; an opportu- nity, in case of another course of things, to say that the truth stands a chance of being the cri- terion of justice. Notwithstanding, however, the contrary is asserted to be the doctrine of the English courts, I am, I confess, happy to hear that the freedom of the English is allowed ; that a nation with king, lords, and commons, can be free. I do not mean to enter into a comparison between the freedom of the two countries. But the attorney-general has taken vast pains to celebrate Lord Mansfield's charac- ter. Never, till now, did I hear that his repu- tation was high in republican estimation; never, till now, did I consider him as a model for republican imitation. I do not mean, how- ever, to detract from the fame of that truly great man, but only conceived his sentiments were not those fit for a republic. No man more truly reveres his exalted fame than my- self; if he had his faults, he had his virtues ; and I would not only tread lightly on his ashes, but drop a tear as I passed by. He, indeed, seems to have been the parent of the doctrines on the other side. Such, however, we trust, will be proved not to be the doctrines of the common law nor of this country, and that io I proof of this, a new trial wUl be granted. SPEECH ON THE EEVENUE SYSTEM. Ub SPEECH ON THE REVENUE SYSTEM. Prior to the establishment of the federal com- pact, the power of levying duties and imposts for the support of the general government, re- sided only in the legislative Assemblies of the several States. When it became necessary to meet the expenses and liquidate the debts incur- red by the Union, the Congress had no greater power than that of issuing requisitions upon the State Assemblies. These requisitions, through the "neglect and misconduct of the State bodies," were inefficacious, and, in the language of Washington, were "little better than a jest and a byword throughout the land." In this state of affairs. Congress, to save the country from the ruin and disgrace which seemed to hang over it, proposed that the State legislatures should empower the Congress to lay an impost. The following speech on this im- portant question was delivered by Mr. Hamil- ton, in the Assembly of New York, on the eighteenth of February, 1787 : There appears to me to have been some con- fusion in the manner of voting on the two pre- ceding clauses of this bill ; the first, for grant- ing the impost to the United States, having been carried by a majority of one, and the last, for making the ofiScers employed in the collec- tion accountable to them, having been lost by a much larger majority. I was induced to hope, from the success of the first question, that the second would have met with equal success ; as I presume gentlemen who meant to adhere to the act of the last session, would have opposed the whole of the present bUl as unnecessary ; and those who meant to depart from it, would be wUling to agree substantially to the system recommended by Congress, as it had been adopted and modified by the other States gen- erally. From the complexion of the votes on the last question, I am obliged to conclude, either that I was mistaken in my ideas of the inljpntion of the committee, or that there is some misapprehension, in part, of the members. It becomes, therefore, necessary — ^to obviate such misapprehension, if any exists, and to dis- charge my duty at all events — to lay the sub- ject fully before the committee, and to detail, at large, my reasons for wishing to see the bill, in its present form, prevail. It is a common practice, in entering upon the discussion of an important subject, to endeavor to conciliate the good will of the audience to the speaker, by professions of disinterestedness and zeal for the public good. The example, however frequent, I shall no further imitate than by making one or two general observa- tions. If, in the public stations I have filled, 1 have acquitted myself with zeal, fidelity and disinterestedness; if, in the private walk ol life, my conduct has been unstained by any dishonorable act, if it has been uniformly con- sistent with the rules of integrity, I have a right to the confidence of those to whom I ad- dress myself: they cannot refuse it to me with- out injustice. I am persuaded they will not refuse it to me. If, on the other hand, my pub- lic conduct has been in any instance marked with perfidy, duplicity, or with sinister views of any kind; if any imputations, founded in fact, can be adduced to the prejudice of my private character, I have no claim to the con- fidence of the committee; nor should I ex- pect it. Even these observations I should have spared myself, did I not know that, in the rage of par- ty, gross calumnies have been propagated. Some I have traced and detected : there may BtiU be others in secret circulation, with which I am unacquainted. Against the infiu- ence of such arts I can have no other shield than the general tenor pf my past conduct. If that will protect me, I may safely confide in the candor of the committee. To that standard I cheerfully submit. But, indeed, of what importance is it who is the speaker ? 'tis his reasons only that concern the committee; if these are good, they owe it to themselves and to their constitution to allow them their full weight. The first objection (and that which is sup- posed to have the greatest force) against the principles of the bill, is, that it would be un- constitutional to delegate legislative power to Congress. If this objection be founded in truth, there is at once an end of the inquiry. God forbid that we should violate that consti- tution which is the charter of our rights. But it is our duty to examine dispassionately whe- ther it really stands in our way. If it does not, let us not erect an ideal barrier to a measure which the public good may require. The first ground of the objection is deduced from that clause of the constitution which de- clares " that no power shall be exercised over the people of this State but such as is granted by or derived from them." This, it is plain, amounts to nothing more than a declaration of that fundamental maxim of republican government, "that all power, mediately or immediately, is derived from the consent of the people," in opposition to those . doctrines of despotism which uphold the di- vine right of kings, or lay the foundations of government in force, conquest, or necessity. It does not at all affect the question how far the legislature may go in granting power to the United States. A power conferred by the rep- resentatives of the people, If warranted by the 216 ALEXANDEE HAMILTON. constitution under which they act, is a power derived from the people. This is not only a plain inference of reason, but the terms of the clause itself, seem to have been calculated to let in the principle. The words, "derived from," are added to the words " granted by," as if with design to distinguish an indirect derivation of power from an immediate grant of it. This explanation is even necessary to reconcile the constitution to itself, and to give effect to all its parts, as I hope fully to demon- strate in its proper place. The next clause of the constitution relied upon, is that which declares that "the supreme legislative power within this State shall be vested in a Senate and Assembly." This, it is said, excludes the idea of any other legisla- tive power operating within the State. But the more obvious construction of this clause, and that which best consists with the situation and views of the country at this time, with what has been done before and since the formation of our constitution, and with those parts of the fonstitution itself which acknowledge the fede- ral government, is this — "In the distribution of the different parts of the sovereignty in the partioula/r government of this State, the legis- lative authority shall reside in a Senate and Assembly," or in other words, " the legislative authority of the particiilar government of the State of New York shall be vested in a Senate and Assembly." The framers of the constitu- tion could have had nothing more in view than to delineate the different departments of power in our own State government, and never could have intended to interfere with the formation of such a constitution for the Union as the safety of the whole might require. The just- ness of this construction will be further eluci- dated by that part of the constitution which prescribes that " the supreme executive au- thority of the State shall be vested in a gover- nor." If the former clause excludes the grant of legislative power, this must equally exclude the grant of the executive power, and the con- sequence would be that there could be no fede- ral government at all. It will be of no avail to say, that there is a difference in the two cases in the mode of ex- pression ; that, in one, the terms of description are "within the State," in the other, "of the State." In grammar, or good sense, the dif- ference in the phrases constitutes no substan- tial difference in the meaning, or if it does, it concludes against the objection ; for the words, within this State, which are applied to the legis- lative power, have a certain precision that niay be supposed to intend a distinction between that legislative power which is to operate with/- in this State only, and that which is to ope- rate upon this State in conjunction with the others. But I lay no stress on this observa- tion. In my opinion, the legislative power "within this State" or the legislative power "of this State," amount in substance to the same thing, and therefore (as has been already observed) if the constitution prohibits the dele- gation of legislative power to the Union, it equally prohibits the delegation of executiva poller — and the confederacy must then be a( an end; for without legislative or executivf power, it becomes a nullity. Unfortunately for the objection, if it proves any thing it proves too much. It proves that the powers of the Union in their present form are an usurpation on the constitution of this State. This will appear not only from the rea- soning adduced, but from this further consid- eration, — that the United States are already possessed of legislative as well as executive au- thority. The objects of executive power are of three kinds, to make treatit*.- with foreign nations, to make war and peact, to execute and interpret the laws. This description of the executive power will enable us the more readily to distinguish the legi-lative; which in general may be defined the po\- prehensions (if they are such), it will be necessary to learn what those prejudices and misapprehensions are ; and before we can either refute or admit their reasons or arguments, we should certainly know them. "It is to that end I have handed the following letters (lately published in America) to the press here. ********** "The author is a gentleman of repute in that country, for his knowledge of its affairs, and, it is said, speaks the general sentiments of the inhabitants. * * * I hope this publication will produce a full answer, if we can make one. If it does, this publicatiou will have had its use. No oflFence to the government is intended by it, and it is hoped none will be taken." * See the history of this song in the "Songs and Ballads of the American Eevolutiou," pp. 86-40. + Extract from the minutes of the Committee for the Province of Pennsylvania. The title of this work is, A New Essay [By the P&nnsylvamiam, Farmer'] on the ConstittitUmal power of Great Britain over the Colonies in America ; with the resolves of the Committee for the Province of Fen/tisyVsmUa, a/nd their imstructUms to their liepresentaUves in Assembly, $ Belsham's Memoirs of the Eeign of George the Third, voL 8, page 65. § See the Journals of the Continental Congress. "The several addresses of this Congress," says Eamsay, "were exe- cuted in a masterly manner, and were well calculated to make ft-iends to the colonies. But their petition to the king pro- duced more solid advantages in favor of the American cause than any other of their productions. This was in a great measure carried through Congress by Mr. Dickinson. Several members, judging from the violence with which Parliament proceeded against the colonies, were of opinion that further petitions were nugatory; but this worthy citizen, a friend to both countries, and devoted to a reconciliation on constitutional principles, urged the expediency and policy of trying once more the effect of an humble, decent, and firm petition, to the common head of the empire. The high opinion that was conceived of his patriotism and abilities, induced the members to assent to the measure, though they generally conceived It to be labor lost. The petition agreed upon, was the wor^ of Mr. Dickinson^s pen." — History of the Am^&riaan &^eolw- Han, vol. 1, page ill: 276 JOHN DIOKINSON. was impolitic to adopt it "without some preolusory trials of strength." However, on its adoption, he not only acquiesced in it, but engaged zealously in carrying into effect the measures necessary to sustain it; adding another proof of his sincere attachment to the liberties of his country, by marching with his regiment, a short time after the Declaration, to Elizabethtown, N"ew Jersey, to meet the invading enemy, and serving as a private soldier on a similar expedi- tion to the head of Elk. In October, 1777, he received from Mr. M'Kean, then President of Pennsylvania, a commission as Brigadier General, the duties of which he performed in a manner which elicited the applause of his countrymen. In April, 1779, he was elected to Congress, and during the next month he wrote the address of that body to the States, upon the situation of public affairs ; a production replete with the beauties of a master composer and the warmth of patriotic feeling. After describing the con- dition of the country, and calling upon the States to rescue it from the deplorable condition to which it had been reduced by the depreciated paper currency, a prodigality in the expenditure of public funds, and the exhaustion of the war, he concludes: "Fill up your battalions — ^be prepared in every part to repel the incursions of your enemies — place your several quotas in the Continental treasury — ^lend money for public uses — sink the emissions of your respective States — provide effectually for expediting the conveyance of supplies for your armies and fleets, and for your allies — prevent the produce of the country from being monopolized — effectually superintend the behavior of public officers — diligently promote piety, virtue, brotherly love, learning, frugality and moderation, and may you be approved before Almighty God, worthy of those blessings we devoutly wish you to enjoy." Mr. Dickinson was elected to the Assembly of Delaware in 1780, and the same year he was chosen, by both branches of the legislature. President of that State. Two years after he was elected to the Presidency of the Supreme Executive OouncU of Pennsylvania, in which position he remained until October, 1785. To the advancement of learning he always lent a helping hand. Deeply indebted to education for the inestimable riches it had afforded him for the service of his country, he looked upon it as the foundation of true liberty and moral greatness. The act of Assembly incorporating a college, to be established in the borough of Carlisle, has happily perpetuated the remembrance of his munificent patronage of literature. It declares that, "In memory of the great and important services rendered to his country by his Excellency, John Dickinson, esq., President of the Supreme Executive Council, and in commemoration of his very liberal donation to the institution, the said college shall be for ever hereafter called and known by the name of Dichinson College" * On the meeting of the Convention for the formation of the Federal Constitution, Mr. Dickinson appeared as a delegate from Delaware. His exertions were well directed and efficient; nor were they confined to the Convention. When the Constitution was submitted to the several States for their approval, it met with violent opposition. In its defence, Mr Dickinson published a series of letters, under the signature of Fabius. These are able papers, and form a valuable portion of our constitutional literature. In 1792 he was a member of the convention which formed the constitution of Delaware. In 1797, he published another series of letters under the signature of Fabius, in which he treated of the troubled state of affairs in France, and evinced the strongest sentiments of gratitude, and most ardent wishes for the welfare of that country. Retiring from the anxieties of public life, he settled at Wilmington, Delaware, where he spent his declining years, surrounded by friends who loved him, and by his books, which were a consolatioii to him in old age, as they had been his delight throughout a well spent life. The last work that appeared from his pen was an address to the people of the United States, on The Past^ Present^ and, ffoentual Relations of that Country to France. He died on the fourteenth of February, 1808, at the age of seventy-five years. * Natiosal Portrait Gallery, article John Dickinson. SPEECH IN THE HOUSE OF ASSEMBLY. 277 SPEECH IN THE HOUSE OP ASSEMBLY. Mr. Dickinson delivered this speech, while he was a member of the Assembly of the Pro- vince of Pennsylvania, on the twenty-fourth of May, 1764; on occasion of a petition, drawn up by order, and then under consideration of that body ; praying the King for a change of the government of the Province.*- Me. Speaker : t When honest men apprehend their country to be injured, nothing is more natural than to resent and complain ; but when they enter into consideration of the means for obtaining redress, the same virtue that gave the alarm, may sometimes, by causing too great a transport of zeal, defeat its own purpose ; it being expedient for those who deliberate of public affairs, that their minds should be free from aU violent passions. These emotions blind the understanding ; they weaken the judgment. It therefore frequently happens, that resolutions formed by men thus agitated, appear to them very wise, very just, and very salutary ; while others, not influenced by the same heats, con- demn those determinations as weak, unjust, and dangerous. Thus, sir, in councils it will always be found useful to guard against even the indignation that arises from integrity. More particularly are we bound to observe the utmost caution in our conduct, as the ex- perience of many years may convince us, that all our actions undergo the strictest scrutiny. Numerous are the instances, that might be mentioned, of rights vindicated and equitable demands made in this province, according to the opinions entertained here, that in Great Britain have been adjudged to be illegal at- tempts and pernicious pretensions. These adjudications are the acts of persons vested with such dignity and power, as claim some deference from us ; and hence it becomes not unnecessary to consider, in what light the measures { now proposed may appear to those whose sentiments, from the constitution of our * The change attempted did not take place. On the fourth of March, 1764, George G-renTille, then minister, and the House of Commons, on his motion, began their hostile opera- tions against the British colonies on the American continent. This speech was made in less than three months after, about a year and a half before the meeting of the first Con- gress at New York, on account of the Stamp Act; describes the sentiments of administration concerning colonial govern- ment, takes notice of the then meditated innovations, and was followed by a regular course of such measures as were upprehended and alluded to. — l^ot& by the author of the speech. l* Isaac Norris,. of Fair Hill, Philadelphia coianty. Pa., the daughter of whom Mr. Dickinson married in 1770, was the speaker of the House of Assembly at that time. X The controversy between the provinces and the proprie- taries was, Whether the estates of the proprietaries should government, it will always be prudent to re- But on this important occasion, we ought not to aim only at the approbation of men, whose authority may censure and control us. More affecting duties demand our attention. The honor and welfare of Pennsylvania de- pending on our decisions, let us endeavor so to act, that we may enjoy our own approbation in the cool and undisturbed hours of reflection ; that we may deserve the approbation of the impartial world ; and of posterity, who are so much interested in the present debate. No man, sir, can be more clearly convinced than I am of the inconveniences arising from a strict adherence to proprietary instructions. We are prevented from demonstrating our loy- alty to our excellent Sovereign, and our affec- tion to our distressed fellow subjects, unless we wiU indulge the proprietors with a distinct and partial mode of taxation, by which they will save perhaps four or five hundred pounds a year, that ought to go in ease of our constit- uents. This is granted on all sides to be unequal ; and has therefore excited the resentment of this House. Let us resent, but let our resentment bear proportion to the provocation received ; and not produce, or even expose us to the peril of producing, effects more fatal than the injury of which we complain. If the change of gov- ernment now meditated, can take place, with all our privileges preserved, let it instantly take place ; but if they must be consumed in the blaze of royal authority, we shall pay too great a price for our approach to the throne ; too great a price for obtaining (if we should obtain) the addition of four or five hundred pounds to the proprietary tax ; or indeed for any emolu- ment likely to follow from the change. I hope, I am not mistaken, when I believe, that every member in this House feels the same reverence that I do, for these inestimable rights. When I consider the spirit of liberty that breathes in them, and the flourishing state to which this province hath risen in a few years under them, I am extremely desirous that they should be transmitted to future ages ; and I cannot suppress my solicitude, while steps are taken that tend to bring them all into danger. Being assured that this House will always think an attempt to change this governnjent too haz- ardous, unless these privileges can be perfectly secured, I shall beg leave to mention the rea- sons by which I have been convinced, that such an attempt ought not now to be made. be taxed as the estates of other persons were. The proprie- taries claimed an exemption, and were supported in theii claim by the British ministers. The Assembly took this op- portunity to attempt a change of the government from pro prietary to royal. 278 JOHN DICKINSON". It seems to me, sir, that a people, who in- tend an innovation of their government, ought to choose the most proper time and the most proper method for accomplishing their purpo- ses ; and ought seriously to weigh all the pro- bable and possible consequences of such a measure. There are certain periods in public affairs, when designs may he executed much more easily and advantageously, than at any other. It hath been by a strict attention to e.very interesting circumstance; a careful cultivation of every fortunate occurrence ; and patiently w aiting till they have ripened into a favorable conjuncture, that so many great actions have been performed in the political world. It was through a rash neglect of this pru- dence, and too much eagerness to gain his point, that the Duke of Monmouth destroyed his own enterprise, and brought himself dis- honorably to the block, though every thing then verged towards a revolution. The Prince of Orange, with a wise delay pursued the same views, and gloriously mounted a throne. It was through a like neglect of this pru- dence, that the Commons of Denmark, smarting under the tyranny of their nobility, in a fit of revengeful fury suddenly surrendered their lib- erties to their king ; and ever since, with una- vailing grief and useless execrations, have de- tested the mad moment that slipped upon them the shackles of slavery, which no struggles can shake off. With more deliberation, the Dutch erected a stadtholdership, that hath been of signal service to their State. ' That excellent historian and statesman Taci- tus, whose political reflections are so justly and universally admired, makes an observation in his third annal, that seems to confirm these re- mai'ks. Having mentioned a worthy man of great abilities, whose ambitious ardor hur- ried him into ruin, he uses these words, "quod multos etiam bonos pessum dedit, qui spretis quae tarda cum securitate, prsmetura vel cum exitio properant." "Which misfortune has hap- pened to many good men, who, despising those things which they might slowly and safely at- tain, seize them too hastily, and with fatal speed, rush upon their own destruction." If then, sir, the best intentions may be disap- pointed by too rapid a prosecution of them, many reasons induce me to think, that this is not the proper time to attempt the change of our government. It is too notorious and too melancholy a truth, that we now labor under the disadvan- tage of royal and ministerial displeasure. The conduct of this province during the late war, has been almost continually condemned at home. We have been covered with the re- proaches of men, whose stations give us just cause to regard their reproaches. The last let- ters from his majesty's secretary of state, prove chat the reputation of the province has not yet revived. We are therein expressly charged with double-dealing, disrespect for his majesty's orders, and, in short, accusations, that show na to be in the utmost discredit. Have we the least reason to believe, when the transactions of this year, and the cause of our application for a change, are made known to the king and his ministers, that their resentment will be waived? Let us not flatter ourselves. Will they not be more incensed, when they find the public service impeded, and his majesty's do- minions so long exposed to the ravages of mer- ciless enemies, by our inactivity and obstinacy, as it will be said? . For this, I think, hath been the constant language of the ministry on the like occasions. Will not their indignation rise beyond all bounds, when they understand that our hitherto denying to grant supplies, and oui application for a change, proceed from the gov- ernor's strict adherence to the terms of thp stipulations, so solemnly made, and so repeat- edly approved by the late and present king? But I may, perhaps, be answered, "that we have agreed to the terms of the stipulations according to their true meaning, which the governor refuses to do.'' Surely, sir, it will require no slight sagacity in distinguishing, no common force of argument to persuade his Majesty and his council, that the refusal to comply with the true meaning of the stipula- tions proceeds from the governor, when he insists on inserting in our bill the very words and letters of those stipulations. " But these stipulations were never intended to be inserted, verbatim, in our bUls, and our construction is the most just." I grant it appears so to us, but much I doubt whether his Ma,jesty's council will be of the same opin- ion. That Board and this House have often differed as widely in their sentiments. Our judgment is founded on the knowledge we have of facts, and of the purity of our inten- tions. The judgment of others is founded on the representations made to them of those facts and intentions. These representations may be unjust, and, therefore, the decisions that are formed upon them may be erroneous. If we are rightly informed, we are represented as ther mortal enemies of the proprietors, who would tear their estates to pieces unless some limit was fixed to our fury. For this purpose the second and third articles of the stipulation were formed. The inequality of the mode was explained and enlarged upon by the provincial council, but in vain. I think I have heard a worthy member, who lately returned from England, mention these circumstances. If this be the case, what reasonable hope can we entertain of a more favorable determination now? The proprietors are still living. Is it not highly probable that they have interest enough, either to prevent the change, or to make it on such terms as will fix upon us, for ever, those demands that appear so extremely just to the present ministers? One of the proprietors appears to have great intimacy and influence with some very considerable members of his Majesty's coujicil. Many men of the SPEECH IN THE HOUSE OF ASSEMBLY. 278 highest character, if public report speaks truth, are now endeavoring to establish proprietary governments, and, therefore, probably may be more readily inclined to favor proprietary mea- sures. The very gentleman who formed the ar- ticles of the stipulations, are now in power, and, no doubt, will enforce their own acts in the strictest manner. On the other hand, every circumstance that now operates against us, may, in time, turn in our favor. We may, perhaps, be fortunate enough to see the present prejudices against us worn off: to recommend ourselves to our sovereign, and to procure the esteem of some of his ministers. I think I may venture to assert, that such a period will be infinitely more proper than the present, for attempting a change of our government. With the permission of the House, I will now consider the manner in which this attempt is carried on ; and I must acknowledge that I do not, in the least degree, approve of it. The time may come when the weight of this government may grow too heavy for the shoul- ders of a subject; at least too heavy for those of a woman or an infant. The proprietary family may be so circumstanced as to he willing to accept of such an equivalent for the govern- ment from the Orown, as the Orown may be willing to give. Whenever this point is agi- tated, either on a proposal from the Orown or proprietors, this province may plead the cause of her privileges with greater freedom and with greater probability of success than at present. The royal grant ; the charter founded upon it ; the public faith pledged to the adventurers for the security of those rights to them and their posterity, whereby they were encouraged to combat the dangers, I had almost said, of another world ; to establish the British power in remotest regions, and add inestimable do- minions, with the most extensive commerce to their native country ; the high value and vene- ration we have for these privileges ; the afflict- ing loss and misfortune we should esteem it, to be deprived of them, and the unhappiness in which his majesty's faithful subjects in this province would thereby be involved ; our in- violable loyalty and attachment to his majes- ty's person and illustrious family, whose sove- reignty has been so singularly distinguished by its favorable influence on the liberties of man- kind. — All these things may then be properly insisted on. If urged with that modest, heart- felt energy, with which good men should always vindicate the interests of their country, I should not despair of a gracious attention to our humble requests. Our petition in such a case would be simple, respectful, and perhaps, affecting. But in the present mode of proceed- ing, it seems to me, that we preclude ourselves from every office of decent duty to the most excellent of kings, and from that right of earnestly defending our privileges, which we should otherwise have. The foundation of this attempt, I am apprehensive, will appear to others peculiarly unfortunate. In a sudden passion it will be said, against the proprietors, we call out for a change of government ; not from reverence for his majesty ; not from a sense of his paternal goodness to his people ; but because we are angry with the proprietors, and tired of a dispute founded on an order approved for his majesty, and his royal grand- father. Our powerful friends on the other side of the Atlantic, who are so apt to put the kindest constructions on our actions, will, no doubt, observe, "that the conduct of the people of Pennsylvania must be influenced by very ex- traordinary councils, since they desire to come more immediately under the king's command, because they will not obey those royal com- mands that have been abeady signified to them." But here it will be said, nay, it has been said, and the petition before the House is drawn accordingly; "we wiU not allege this dispute with the governor on the stipulations, but the general inconveniences of a proprietary govern- ment, as the cause of our desiring a change." 'Tis true we may act in this artful manner, but what advantages shall we gain by it? Though we should keep the secret, can we seal up the lips of the proprietors? Can we recall our messages to the governor ? Can we annihilate our own resolves? WiU not all, — will not any of these discover the true cause of the present attempt? Why then should we, unnecessarily, invite fresh invectives in the very beginning of a most important business, that to be happily concluded, requires all the favor we can procure and aU the dexterity we can practise ? We intend to surround the throne with pe- titions, that our government may be changed from proprietary to royal. At the same time we mean to preserve our privileges ; but how are these two points to be reconciled? If we express our desire for the preservation of our privileges in so general or faint a manner, as may induce the king to think they are of no great consequence to us, it will be nothi&g less than to betray our country. If, on the other hand, we inform his majesty "that though we request him to change the government, yet we insist on the preservation of our privileges," certainly it wUl be thought an unprecedented style of petitioning the Orown, that humbly asks a favor and boldly prescribes the terms on which it must be granted. How, then, shall we act? Shall we speak, or shall we suppress our sentiments ? The first method will render our request incoherent; the second will render it dangerous. Some gentle- men are of opinion, that these difficulties may be solved, by intrusting the management of this affair to an agent ; but I see no reason to ex- pect such an effect. I would first observe, that this matter is of too prodigious consequence to be trusted to the discretion of an agent. But if it shall be committed by this House, the pro- per guardian of the public liberties, to other hands, this truth must, at some time or other 280 JOHN DICKINSON. be disclosed : " that we will never consent to a change, unless our privileges are preserved." I should he glad to know, with what finesse this matter is to be conducted. Is the agent to keep our petition to the Grown in his pocket, till he has whispered to the ministry? WUl this he justifiable ? will it be decent ? When- ever he applies to them, I presume they will desire to know his authority for making such an application. Then our petition must appear; and whenever it does appear, either at first or last, that and the others transmitted with it, I apprehend, will be the foundation of any reso- lutions taken in the king's counoU. Thus, in whatever view this transaction is considered, shall we not still be involved in the dilemma already mentioned, " of begging a favor from his majesty's goodness, and yet showing a distrust that the royal hand, stretched out at our own request, for our relief, may do us injury ? " Let me suppose, and none can oiJer the least proof of this supposition heing unreasonable, that his majesty will not accept of the govern- ment, clogged, as it will be said, with privileges inconsistent with the royal rights: how shall we act then ? "We shall have our choice of two things : one of them destructive, the other dishonorable. We may either renounce the laws and liberties framed and delivered down to us by our careful ancestors, or we may tell his majesty, with a surly discontent, " that we will not submit to his implored protection, but on such conditions as we please to impose on him." Is not this the inevitable alternative to which we shall reduce ourselves ? In short, sir, 1 think the farther we advance in the path we are now in, the greater will be the confusion and danger in which we shall engage ourselves. Any body of men acting under a charter, must surely tread on slippery ground, when they take a step that may be deemed a surrender of that charter. For my part, I think the petitions that have been car- ried about the city and country to be signed, and are now lying on the table, can be regarded in no other light, than as a surrender of the charter, with a short, indifferent hint annexed, of a desire that our privileges may be spared, if it shall be thought proper. Many striking arguments may, in my opinion, be urged, to prove, that any request made by this House for a change, may with still greater propriety he called a surrender. The common observation, " that many of our privileges do not depend on our charter only, but are confirmed by laws approved by the Crown," I doubt will have but little weight with those who will determine this matter. It will readily be replied, " that these laws were founded on the charter ; that they were calculated for a proprietary government, and for no other, and approved by the Crown in that view alone ; that the proprietary govern- ment is now acknowledged, hy the people living under it, to be a bad government, and the Crown is entreated to accept a surrender of it that therefore, by thus abolishing the propiie' tary government, every thing founded upon it must, of consequence, be also abolished." However, if there should be any doubts in the law on these points, there is an easy way to solve them. These reflections, sir, naturally lead me to consider the consequences that may attend a change of our government ; which is the last point I shall trouble the House upon at this time. It is not to be questioned, but that the minis- try are desirous of ■ esting the immediate gov- ernment of this province advantageously in the Crown. It is true, they do not choose to act arbitrarily, and tear away the present govern- ment from us, without our consent. This is not the age for such things. But let us only furnish them with a pretext, by pressing peti- tions for a change ; let us only relinquish the hold we now have, and in an instant we are precipitated from that envied height where we now stand. The affair is laid before the Par- liament; the desires of the ministry are in- sinuated ; the rights of the Crown are vindicated, and an act passes to deliver us at once from the government of proprietors and the privileges we claim under them. Then, sir, we who in particular have pre- sented to the authors of the fatal change, this long- wished for opportunity of effecting it, shall for our assistance be entitled to their thanks. — Thanks ! which I am persuaded every worthy member of this House would abhor to deserve, and would scorn to receive. It seems to be taken for granted, that by a change of government, we shall obtain a change of those measures which are so displeasing to the people of this province; that justice wOl be maintained by an equal taxation of the pro- prietary estates, and that our frequent dissen- sions will be turned into peace and happiness. These are effects, indeed, sincerely to be wished for by every sensible, by every honest man ; but reason does not always teach us to expect the warm wishes of the heart. Could our gracious sovereign take into consideration the state of every part of his extended domin- ions, we might expect redress of every griev- ance : for, with the most implicit conviction, I believe he is as just, benevolent, and amiable a prince, as heaven ever granted in its mercy to bless a people. I venerate his virtues heyond all expression. But his attention to our par- ticular circumstances being impossible, we must receive our fate from ministers: and from them I do not like to receive it. We are not the subjects of ministers; and therefore it is not to be wondered at, if they do not feel that tenderness for us, that a good prince will always feel for his people. Men are not born ministers : their ambition raises them to authority; and when possessed of it, one established principle with them seems to be. " never to deviate from a pi-ecedent of power.' SPEECH IN THE HOUSE OF ASSEMBLY. 281 Did we not find, in the late war, thougli we exerted ourselves in the most active manner in the defence of his majesty's dominions, and in promoting the service of the Grown, every point in which the proprietors thought fit to make any opposition, decided against us 2 Have we not also found, since the last disturbance of the public peace by our savage enemies, the conduct of the late governor highly applauded by the ministry, for his adherence to those very stipu- lations now insisted on; and ourselves sub- jected to the bitterest reproaches, only for attempting to avoid burthens that were thought extremely grievous ? Other instances of the like kind I pass over, to avoid a tedious reca- pitulation. Since, then, the gale of ministerial favor has in aU seasons blown propitious to proprietary interests, why do we now fondly flatter our- selves, that it will suddenly shift its quarter? Why should we, with an amazing credulity, now fly for protection to those men, trust every thing to their mercy, and ask the most dis- tinguishing favors from their kindness, from whom we complained, a few months ago, that we could not obtain the most reasonable re- * quests 2 Surely, sir, we must acknowledge one of these two things ; either that our complaint was then unjust, or that our confidence is now unwarranted. For my part, I look for a rigid perseverance in former measures. With a new government, I expect new disputes. The ex- perience of the royal colonies convinces me, that the immediate government of the Grown is not a security for that tranquillity and hap- piness we promise ourselves from a change. It is needless for me to remind the House of all the frequent and violent controversies that have happened between the king's governors in several provinces, and their Assemblies. At this time, if I am rightly informed, Virginia is struggling against an instruction that will be attended, as that colony apprehends, with the most destructive consequences, if carried into execution. Indeed, sir, it seems vain to expect, where the spirit of liberty is maintained among a people, that- public contests should not also be maintained. Those who govern, and those who are governed, seldom think they, can gain too much on one another. Power is like the ocean ; not easily admitting limits to be fixed on it. It must be in motion. Storms, indeed, are not desirable, but a long dead calm is not to be looked for; perhaps not to be wished for. Let not us then, in expectation of smooth seas and an undisturbed course, too rashly venture our little vessel that has safely sailed round our own well known shores, upon the midst of the untried deep, without being first fully convinced that her make is strong enough to bear the weather she may meet with, and that she is well provided for so long and 30 dangerous a voyage. / No man, sir, amongst us hath denied, or will deny, that this province must stake on the event of the present attempt, liberties tha* ought to be immortal. Liberties founded on the acknowledged rights of human nature, and restrained in our mother country, only by an unavoidable necessity of adhering in some measure to long-established customs. Thus has been formed between old errors and hasty, innovations, an entangled chain, that our an- cestors either had not moderation, or leisure enough to untwist. I will now briefly enumerate, as well as I can recollect, the particular privileges of Penn- sylvania. In the first place we here enjoy that best and greatest of all rights, a perfect reUgious freedom. Posts of honor and profit ave unfettered with oaths X)r tests, and, therefore, are open to men whose abilities, strict regard to their conscien tious persuasion, and unblemished characters, qualify them to discharge their duties with credit to themselves and advantage to their country. The same wisdom of our laws has guarded against the absurdity of granting greater credit even to villains, if they will swear, than to men of virtue, who from religious motives cannot. Therefore those who are conscientiously scru- pulous of taking an oath, are admitted as wit- nesses in criminal cases. Our legislation suflTers no checks from a council instituted* in fancied imitation of the House of Lords. By the right of sitting on our own adjournments, we are secure of meeting when the public good re- quires it : and of not being dismissed when private passions demand it. At the same time the strict discharge of the trust committed to us, is inferred by the short duration of our power, which must be renewed by our constit- uents every year. Nor are the people stripped of all authority in the execution of laws. They enjoy the satisfaction of having some share, by the appointment of provincial commissioners, in laying out the money which they raise, and of being, in this manner, assured that it is applied to the purposes for which it was granted. They also elect sheriffs and coroners, officers of so much consequence in every deter- mination that affects honor, liberty, life, and property. Let any impartial person reflect how contra- dictory some of these privileges are to the principles of the English constitution, and how directly opposite others of them are to the settled prerogatives of the Grown ; ■ and then consider what probability we have of retaining them on a requested change; that is, of con- tinuing in fact a proprietary government, though we humbly pray the king to change this government into royal. Not unaptly, in my opinion, the connection between the pro- prietary family and this province, may be re- garded as a marriage. Our privileges may be called the fruits of that marrias^e. The domestic peace of this family, it is true, has not been un- * Appointed by the Crown. JOHN DICKINSON. vexed with quarrels and complaints: but the pledges of their affection ought always to be esteemed, and whenever the parents on an im- prudent request shall be divorced, much I fear that their issue will be declared illegitimate. This 1 am well persuaded of, that surprising must our behavior appear to all men, if, in the instant when we apply to his majesty for relief from what we think oppression, we should discover a resolute disposition to deprive him of the un- controverted prerogatives of his royal dignity. At this period, when the administration is regulating new colonies, and designing, as we are told, the strictest reformations* in the old, it is not likely that they will grant an invidious distinction in our favor. Less likely is it, as that distinction will be liable to so many and such strong constitutional objections ; and when we shall have the weight, both of the o.orgy and ministry, and the universally received opinions of the people of our mother country to contend with. I mean not, sir, the least reflection on the church of England. I reverence and admire the purity of its doctrine, and the moderation of its temper. I am convinced that it is filled with learned and with excellent men : but all zealous persons think their own religious tenets the best, and would willingly see them em- braced by others. I therefore apprehend that the dignified and reverend gentlemen of the church of England, will be extremely desirous to have that church as well secured, and as much distinguished as possible in the American colonies ; especially in those colonies where it is overborne, as it were, by dissenters. There never can be a more critical opportunity for this purpose than the present. The cause of the church will besides be connected with that of the Crown, to which its principles are thought to be more favorable than those of the other professions. "We have received certain information that the conduct of this province, which has been so much censured by the ministry, is attributed to the influence of one religious society. We also know that the late tumultuous and riotous proceedings, represented in so strong a light by the petitions now before the House, have been publicly ascribed to the influence of another religious society. Thus the blame of every thing disreputable to this province is cast on one or the other of these dissenting sects. Circum- stances that, I imagine, will neither be forgotten nor neglected. We have seen the event of our disputes con- cerning the proprietary interests, and it is not to be expected that our success will be greater when our opponents become more numerous, and will have more dignity, more power, and, as they will think, more law on their side. These are the dangers, sir, to which we are now about to expose those privileges in which * Some late acts of ParAament show what strict reforma- Uons are to be made in the colonies. we have hitherto so much gloried. Wherefore! To procure two or three, perhaps, four or five hundred pounds a year, (for no calculation has carried the sum higher,) from the proprietors, for two or three, or four or five years, for so long, and something longer perhaps, the taxes may continue. But are we sure of gaining this point? We are not. Are we sure oJ gaining any other advantage? We are not. Are we sure of preserving our privileges ? We are not. Are we under the necessity of pur- suing the measure proposed at this time ? We are not. Here, sir, permit me to make a short pause. Permit me to appeal to the heart of every member in this House, and to entreat him to reflect how far he can be justifiable in giving his voice, thus to hazard the liberties secured to us by the wise fo-wders of this province; peaceably and fully enjoyed by the present age, and to which posterity is so justly entitled. But, sir, we are told there is no danger of losing our privileges if our government should be changed, and two arguments are used in support of ' this opinion. The first is, " that the government of the crown is exercised with so much lenity in Carolina, and the Jerseys." I cannot perceive the least degree of force in this argument. As to Carolina I am not a little surprised that it should be mentioned on this occasion, since I never heard of any privi- leges that colony enjoys, more than the other royal governments in America. The privileges of the Jerseys are of a different nature from many of which we are possessed, and are more consistent with the royal prerogative. Indeed, I know of none they have, except that the people called Quakers may be wit- nesses in criminal cases, and may bear offices. Can this indulgence, shown to them for a par- ticular reason, and not contradictory to the rights of the Crown, give us any just cause to expect the confirmation of privileges directly opposite to those rights, and for confirming which no such reason exists. But, perhaps, the gentlemen who advance this argument mean that we shall purchase a change at a cheap price, if we are only reduced to the same state with the Jerseys. Surely, sir, if this be their meaning, they entirely forget those ex- traordinary privileges which some time ago were mentioned. How many must we in such a case renounce ? I apprehend it would prove an argument of little consolation to these gentlemen, if they should lose three-fourths of their estates, to be told, that they still remain as rich as their neighbors, and have enough to procure all the necessaries of life. It is somewhat remarkable, that this single instance of favor in permitting an affirmation instead of an oath, in a single province, should be urged as so great an encouragement to us, while there are so many examples of another kind to deter us. In what royal government, besides the Jerseys, can one of the people caU- SPEECH IN THE HOUSE OF ASSEMBLY, 28a ed Quakers, be a witness in criminal oases, and bear offices ? * In no other. "What can be the reason of this distinction in the Jerseys ? Be- cause in the infancy of that colony, when it came under the government of the Crown, there was^ as appears from authentic vouchers, an absolute necessity from the scarcity of other proper persons, to make use of the people call- ad Quakers in public employments. Is there ■ such a necessity in this province ? Or can the ministry be persuaded, that there is such a ne- cessity ? No, sir, those from whom they will receive their information, wiU grant no such thing ; and therefore I think there is the most imminent danger, in case of a change, that the people of this society will lose the exercise of those rights, which, though they are entitled to as^ men, yet such is the situation of human af- fairs, they with difficulty can find a spot on the whole globe, where they are allowed to enjoy them. It will be an argument of some force, I am afraid, that the Church of England can never expect to raise its head among us, while we are encouraged, as it will be said, in dis- sension : but if an oath be made necessary for obtaining offices of honor and profit, it will then be expected that any of the people called Quakers, who are tempted to renounce their principles, will undoubtedly make an addition to the established church. If any other consideration than that which has been mentioned, was regarded in granting that indulgence in the Jerseys, though no other is expressed, it seems not improbable, that the nearness of this province might have had some weight, as from its situation it afforded such strong temptations to the inhabitants of the Jerseys to remove hither, had they been treat- ed with any severity. Their government, in some measure, was formed in imitation of our government; but when this is altered, the English constitution must be the model, by which it will be formed. Here it will be said, " this cannot be done but by the Parliament, and will a British Par- liament do such an act of injustice, as to de- prive us of our rights?" This is the second argument used to prove the safety of the mea- sures now proposed. Certainly the British Parliament will not do what they think an unjust act ; but I cannot persuade myself, that they will think it unjust, to place us on the same footing with them- selves. It will not be an easy task to convince them, that the people of Pennsylvania ought to be distinguished fronj all other subjects, under his majesty's immediate govei'nment ; or that Buoh a distinction can answer any good pur- pose. May it not be expected that they will say, " no people can be freer than ourselves, — every thing more than we enjoy, is licentious- ness, not liberty; any indulgencies shown to the colonies heretofore were like the indulgen- * It is said tliat a Quaker was lately committed to jail, iri New York, because he would not swear in a criminal case. cies of parents to their infants ; they ought to cease with that tender age; and as the colonies grow up to a more vigorous state, they ought to be carefully disciplined, and all their actions regulated by strict laws. Above all things, it is necessary, that the prerogative should be exercised with its full force in our American provinces, to restrain them within due bounds, and secure their dependence on this king- dom." * I am afraid that this will be the opinion of the Parliament, as it has been in every instance, the undeviating practice of the ministry. But, sir, it may be said, " these reasons are not conclusive; they do not demonstratively prove, that our privileges will be endangered by a change." I grant the objection ; hut what stronger reasons, what clearer proofs are there, that they will not be endangered by a change ? They are safe now ; and why should we en- gage in an enterprise that wiU render them uncertain? If nothing will content us but a revolution brought about by ourselves, surely we ought to have made the strictest inquiries what terms we may expect ; and to have ob- tained from the ministry some kind of security for the performance of those terms. These things might have been done. They are not done. If a merchant will venture tc travel with great riches into a foreign country, without a proper guide, it certainly will be ad- visable for him to procure the best intelligence he can get, of the climate, the roads, the diffi- culties, he will meet with, and the treatment he may receive. I pray the House to consider, if we have the slightest security that can be mentioned, except opinion (if that is any), either for the preserva- tion of our present privileges, or gaining a sin- gle advantage from a change. Have we any writing? have we a verbal promise from any minister of the Crown ? We have not. I can- not, therefore, conceal my astonishment, that gentlemen should require a less security for the invaluable rights of Pennsylvania, than they would demand for a debt of five pounds. Why should we press forward with this unexampled hurry, when no benefit can be derived from it ? Why should we have any aversion to delibe- ration and delay, when no injury can attend them? It is scarcely possible in the present case, that we can spend too much time in forming resolutions, the consequences of which are to be perpetual. If it is true, as some aver, that we can now obtain an advantageous change of our government ; I suppose it will be also true next week, next month, and next year ; but if they are mistaken, it will be early enough, whenever it happens, to be disappointed and to repent. I am not willing to run risks in a matter of such prodigious importance, on the * The subsequent conduct of Great Britain has fully CTinced her resolution to adhere to such political maxims aa these. 284 JOHN DIOKINSON. credit of any man's opinion, wlien by a small delay, that can do no harm, the steps we are to take may become more safe. Gideon, though he had conversed with " an angel of the Lord," would not attempt to relieve his coun- trymen, then sorely oppressed by the Midian- ites, lest he should involve them in greater miseries, until he was convinced by two mira- cles, that he should be successful. I do not say, we ought to wait for miracles; but I think, we ought to wait for some things which will be next kin to a miracle ; I mean some sign of favorable disposition in the ministry towards us. I should like to see an olive leaf at least, brought to us before we quit our ark. Permit me, sir, to make one proposal to the House. We may apply to the Crown now, as freely as if we were under its immediate gov- ernment. Let us desire his majesty's judgment on the point, that has occasioned this unhap- py difference between the two branches of the legislature.* This may be done without any vio- lence, without any hazard to our constitution. We say, the justice of our demands is clear as light ; every heart must feel the equity of them. If the decision be in our favor, we gain a considerable victory ; the grand obstruction of the public service is removed ; and we shall have more leisure to carry our intentions coolly into execution. If the decision be against us, I believe the most zealous of us will grant it would be madness to expect success in any other contest; This will be a single point, and cannot meet with such difficulties, as the procuring a total alteration of the government. Therefore by separating it from other matters, we shall soon obtain a determination, and know what chance we have of succeeding in things of greater value. Let us try our fortune. Let us take a cast or two of the dice for smaller matters, before we dip deeply. Few gamesters are of so sanguine a temper as to stake their whole wealth on one desperate throw at first. If we are to play with the public happiness, let US act at least with as much deliberation, as if we were betting out of our private purses. Perhaps a little delay may afford us the plea- sure of finding our constituents more unani- mous in their opinions on this interesting occasion, and I should choose to see a vast majority of them join, with a calm resolution, in the measure, before I should think myself justifiable in voting for it, even if I approved of it. The present question is utterly foreign from the purposes for which we were sent into this place. There was not the least probability, at • This point was one of the stipulations approved by the Crown, in favor of the proprietors, with respect to the taxa- tion of their estate. The governor, one branch of the legis- lature, insisted upon inserting in the bill then under consid- eration, the words of the stipulation, and thus adhered to the stipulation. The House of Assembly, the other branch of the legislature, insisted upon taxing the proprietary state, without being thus bound. the time we were elected, that this matter could come under our consideration. We are not debating how much money we shall raise, what laws we shall pass for the regulation ot property, nor on any thing of the same kind that arises in the usual parliamentary course ot business. We are now to determine whether a step shall be taken that may produce an entire change of our constitution. In forming this determination, one striking reflection should be preserved in our minds; I mean, " that we are the servants of the people of Pennsylvania," — of that people who have been induced by the excellence of the present constitution, to settle themselves under its pro- tection. The inhabitants of remote countries, impelled by that love of liberty which all-wise Provi- dence has planted in the human heart, desert- ing their native soil; committed themselves, with their helpless families, to the mercy ot winds and waves, and braved all the terrors of an unknown wilderness, in hopes of enjoying in these woods the exercise of those invaluable rights, which some unhappy cu'oumstances had denied to mankind in every other part of the earth. Thus, sir, the people of Pennsylvania may be said to have purchased an inheritance, in its constitution, at a prodigious price ; and I can- not believe, unless the strongest evidence be offered, that they are now willing to part with that, which has cost them so much toil and expense. They have not hitherto been disappointed in their wishes. They have obtained the blessings they sought for. We have received these seats by the free choice of this people under this constitution, and to preserve it in its utmost purity and vigor, has always been deemed by me a princi- pal part of the trust committed to my care and fidelity. The measure now proposed has a direct tendency to endanger this constitution, and, therefore, in my opinion, we have no right to engage in it without the almost universal consent of the people, expressed in the plainest manner. I think I should improperly employ the attention of this House if I should take up^much time in proving that the deputies of a people have not a right, by any law, divine or human, to change the government under which their authority was delegated to them, without such a consent as has been mentioned. The position is so consonant to natural justice and common sense, that I believe it never has been seriously controverted. AU the learned authors that 1 recollect to have mentioned this matter, speak of it as an indisputable maxim. It may be said, perhaps, in answer to this objection, "that it is not intended to change the government, but the governor." This, I apprehend, is a distinction only in words. The government is certainly to be changed from proprietary to royal, and whatever may be SPEECH m THE HOUSE OF ASSEMBLY. 285 intended, the question is, whether such a change will not expose our prosent privileges to danger. It may also be said, "that the petitions lying on the table are a proof of the people's con- sent." Can petitions, so industriously carried about, and after all the pains taken, signed only by about thirty-five hundred persons, be looked on as the plainest expressions of the almost universal consent of the many thousands that fill this province ? No one can believe it. It cannot be denied, sir, that much the greatest part of the inhabitants of this province, and among them men of large fortunes, good sense, and fair characters, who value very highly the interest they have in the present constitution, have not signed these petitions, and as there is reason to apprehend, are ex- tremely averse to a change at this time. Will they not complain of such a change ? And if it is not attended with all the advantages they now enjoy, will they not have reason to com- plain ? It is not improbable that this measure may lay the foundation of more bitter and more lasting dissensions among us, than any we have yet experienced. Before I close this catalogue of unhappy consequences, that I expect wiU follow our request of a change, I beg leave to take notice of the terms of the petition that is now under the consideration of the House. They equally excite in my breast, surprise, and grief, and terror. This poor province is already sinking under the weight of the dis- -. credit and reproaches, that by some fatality, for several years past, have attended our public measures; and we not only seize this unfortu- nate season to engage her in new difliculties, but prepare to pour on her devotftd head a load that must eft'ectually crush her. We inform the king, by this petition, that Pennsylvania is become a scene of confusion and anarchy ; that armed mobs are marching from one place to another ; that such a spirit of violence and riot prevails, as exposes his majesty's good subjects to constant alarms and danger; that this tu- multuous disposition is so general that it cannot be controlled by any powers of the present government, and that we have not any hopes of returning to a state of peace and safety, but by being taken under his majesty's immediate protection. I cannot think this a proper representation of the present state of this province. Near four months are elapsed since the last riot, and I do not perceive the least probability of our being troubled with any more. The rioters were not only successfully opposed and pre- vented from executing their purpose, but we have reason to believe that they were convinced of their error, and have renounced all thoughts of such wild attempts for the future. To whose throat is the sword now held ? What life will be saved by this application? Imaginary danger! Vain remedy! Have we not sufli- ciently felt the eifects of royal resentment? Is not the authority of the Crown fully enough exercised over us ? Does it become as to paint in the strongest colors the follies or the crimes of our countrymen? To require unnecessary protection against men who intend us no injury, in such loose and general expressions as may produce even the establishment of an armed force among us ? With unremitting vigilance, with undaunted virtue, should a free people watch against the encroachments of power, and remove every pretext for its extension. We are a dependent colony, and we need not doubt that means will be used to secure that dependence. But that we ourselves should furnish a reason for settling a military estab- lishment upon us, must exceed the most extra- vagant wishes of those who would be most pleased with such a measure. We may introduce the innovation, but we shall not be able to stop its progress. The precedent will be pernicious. If a specious pretence is afibrded for maintaining a smaU body of troops among us now, equally specious pretences will never be wanting hereafter, for adding to their numbers. The burthen that will be imposed on us for their support, is the most trifling part of the evil. The poison will soon reach our vitals, whatever struggles we may make to expel it. Hceret lateri lethalis arundo — The dart with which we are struck will still remain fixed — too firmly fixed for our feeble hands to draw it out. Our fruitless efibrts will but irritate th« wound ; and at length we must tamely submit to I quit a subject too painful to be dwelt upon. These, sir, are my sentiments on the petition that has occasioned this debate. I think this neither the proper season, nor the proper method, for obtaining a change of our govern- ment. It is uncertain whether the measures proposed will place us in a better situation than we are now in, with regard to the point lately controverted ; with respect to other particulars, it may place iis in a worse. We shall run the risk of suffering great losses. We have no cer- tainty of gaining any thing. In seeking a pre- carious, hasty, violent remedy for the present partial disorder, we are sure of exposing the whole body to danger. I cannot perceive the necessity of applying such a remedy. If I did, I would with the greatest pleasure pass over to the opinion of some gentlemen who differ from me, whose integrity and abilities I so much esteem, that whatever reasons at any time in- fluence me to agree with them, I always receive a satisfaction from being on their side. If I have erred now, I shall comfort myself with reflecting, that it is an innocent error. Should the measures pursued in consequence of this debate be opposite to my opinion, and should they procure a change of government, with all the benefits we desire ; I shall not envy the> praise of others, who, by then- fortunate cou- 286 JOHN DICKINSON". rage and skill, have conducted us unliurt through the midst of such threatening dangers to the wished-for port. I shall cheerfully sub- mit to the censure of having been too appre- hensive of injuring the people of this province. If any severer sentence shall be passed upon me by the worthy, I shall be sorry for it ; but this truth I am convinced of, that it will be much easier for me to bear the unmerited re- flections of mistaken zeal, than the just re- proaches of a guilty mind. To have concealed my real sentiments, or to have counterfeited such as I do not entertain, in a deliberation of so much consequence as the present, would have been the basest hypocrisy. It may per- haps be thought that this, however, would have been the most politic part for me to have acted, It might have been so. But if policy requires that our words or actions should belie our hearts, I thank God that I detest and despise all its arts and all its advantages. A good man ought to serve his country, even though sho resents his services. The great reward of honest actions is not the fame or profit that follows them, but the consciousness that attends them. To discharge, on this important occa- sion, the inviolable duty I owe the public, by obeying the unbiassed dictates of my reason and conscience, hath been my sole view; and my only wish now is, that the resolutions of this House, whatever they are, may promote the happiness of Pennsylvania. THE DECLARATION ON TAKING UP ARMS. On the twenty-third of June, 1776, Congress delegated John Eutledge, William Livingston, Doctor Franklin, John Jay, and Thomas John- son, " to draw up a declaration, to be published by General "Washington upon his arrival at the camp before Boston." The next day they re- ported a draft, which, after being debated, was referred for further consideration on the follow- ng Monday. On that day it was recommitted, and John Dickinson and Thomas Jefferson were added to the committee. The final draft was laid before Congress on the si^th of July, 1775, and after being " read and debated by para- graphs," was adopted. Mr. Dickinson was the author of the declaration, which is as follows: * If it was possible for men who exercise their reason to believe, that the Divine Author of our existence intended a part of the human race to hold an absolute property in,' and an un- bounded power over others, marked out by his infinite goodness and wisdom, as the objects of a legal domination never rightfully resistable, however severe and oppressive, the inhabitants of these colonies might at least require from the Parliament ot Great Britain some evidence, that this dreadful authority has been granted to that body. But a reverence for our great Creator, principles of humanity, and the dictates of common sense, must convince all those who reflect upon the subject, that government was instituted to promote the welfare of mankind, and ought to be administered for the attainment of that end. The legislature of Great Britain, however, stimulated by an inordinate passion for a power not only unjustifiable, but which they know to be peculiarly reprobated by the * Journals of Cojigress, 1775. very constitution of that kingdom, and desperate of success in any mode of contest where regard should be had to truth, law, or right, have at length, deserting those, attempted to effect their cruel and impolitic purpose of enslaving these colonies by violence, and have thereby rendered it necessary for us to close with their last ap- peal from reason to arms. Yet, however blinded that assembly may be, by their intemperate rage for unlimited domination, so to slight justice and the opinion of mankind, we esteem ourselves bound by obligations of respect to the rest of the world, to make known the justice of our cause. Our forefathers, inhabitants of the island of Great Britain, left their native land to seek on these shores a residence for civil and religious freedom. At the expense of their blood; at the hazard of their fortunes ; without the least charge to the country from which they removed ; by unceasing labor and an unconquerable spirit, they effected settlements in the distant and in- hospitable wilds of America, then filled -with nmnerous and warlike nations of barbarians. Societies or governments, vested with perfect legislatures, were formed under charters from the Crown, and an harmonious intercourse was' established between the colonies and the king- dom from which they derived their origin. The mutual benefits of this union became in a short time so extraordinary as to excite as- tonishment. It is universally confessed, that the amazing increase of the wealth, strength, and navigation of the realm, arose from this source; and the minister who so wisely and successfully directed the measures of Great Britain in the late war, publicly declared that these colonies enabled her to triumrph over her enemies. Towards the conclusion of that war, it pleased our sovereign to make a change in his counsels. From that fatal moment, the affairs of the British empire began to fall into THE DECLARATION ON TAKING UP ARMS. 287 confusion, and gradually sliding from the sum- mit of glorious prosperity to which they had been advanced, by the virtues and abilities of one man, are at length distracted by the con- vulsions that now shake its deepest founda- tions. The new ministry, finding the brave foes' of Britain, though frequently defeated, yet still contending, took up the unfortunate idea of granting them a hasty peace, and of then subduing her faithful friends. . These devoted colonies were judged to be in such a state as to present victories without bloodshed; and all the easy emoluments of statutable plunder. The uninterrupted tenor ot their peaceable and respectful behavior, from the beginning of colonization; their dutiful, zealous, and useful services during the war, though so recently and amply acknowledged in the most honorable manner by his majesty, by the late king and by parliament, could not save them from the meditated innovations. Parliament was influenced to adopt the perni- cious project, and assuming a new power over them, have, in the course of eleven years, given . such decisive specimens of the spirit and con- Sequences attending this power, as to leave no doubt concerning the effects of acquiescence under it. They have undertaken to give and grant our money without our consent, though we have ever exercised an exclusive right to dis- pose of our own property ; statutes have been passed for extending the jurisdiction of courts of admiralty, and vice-admiralty, beyond their ■ ancient limits ; for depriving us of the accus- tomed and inestimable privilege of trial by jury in cases affecting both life and property; for suspending the legislature of one of the colo- nies ; for interdicting all commerce to the capital of another, and for altering, fundamentally, the form of government established by charter and secured by acts of its own legislature, solemnly confirmed by the Grown; for exempting the "murderers" of colonists from legal trial, and in effect, from punishment; for erecting in a neighboring province, acquired by the joint arms of Great Britain and America, a despotism dangerous to our very existence, and for quar- tering soldiers upon the colon.3its in time of profound peace. It has also been resolved in parliament, that colonists charged with com- mitting certain offences, shall be transported to England to be tried. But why should we enumerate our injuries in detail? By one statute it is declared that I "parliament can " of right, make laws to bind us ! in all cases whatsoever." What is to defend us I against so enormous, so unlimited a power? Not a single man of those who assume it is > chosen by us, or is subject to our control or influence ; but on the contrary they are all of them exempt from the operation of such laws, and an American revenue, if not diverted from the ostensible purposes for which it is raised, would actually lighten their own burdens, in proportion as they increase ours. We saw the misery to which such despotism would reduce us. We, for ten years, incessantly and ineffec- tually besieged the throne as supplicants ; we V reasoned, we remonstrated with parliament in the most mild and decent language. Administration, sensible that we should re- gard these oppressive measures as freemen ought to do, sent over fleets and armies to en- force them. The indignation of the Americans was roused, it is true, but it was the indigna- tion of a virtuous, loyal and affectionate people. A congress of delegates from the united colonies was assembled at Philadelphia, on the fifth day of last September. We resolved again to offer an humble and dutiful petition to the king, and also addressed our fellow-subjects of Great Britain. We have pursued every temperate, - every respectful measure; we have even pro ceeded to break off our commercial intercourse with our fellow-subjects, as the last peaceable admonition; that our attachment to no nation upon earth should supplant our attachment to liberty. This, we flattered ourselves, was the ultimate step of the controversy, but subsequent events have shown how vain was this hope of finding moderation in our enemies. Several threatening expressions against the / colonies were inserted in his majesty's speech; our petition, though we were told it was a de- cent one, and that his majesty had been pleased to receive it graciously, and to promise laying it before his parliament, was huddled into both houses among a bundle of American papers v and there neglected. The lords and commons in their address, in the month of February, said, that "a rebellion at that time actually existed within the province of Massachusetts Bay, and that those concerned in it had been countenanced and encouraged by unlawful com- binatidns and engagements, entered into by his majesty's subjects in several of the other colo- nies; and, therefore, they besought his majesty that he would take the most effectual measures to enforce due obedience to the laws and autho- rity of the supreme legislature." Soon after, the commercial intercourse of whole colonies with foreign countries and with each other, was cut off by an act of parliament; by another, several of them were entirely prohibited from the fisheries in the seas near their coasts, on which they always depended for their subsistence, and large reinforcements of ships and troops were immediately sent over to General Gage. Fruitless were all the entreaties, arguments, and eloquence of an illustrious band of the most distinguished peers and commoners, who nobly and strenuously asserted the justice of our cause, to stay, or even to mitigate the heedless fury with which these accumulated and unex- ampled outrages were hurried on. Equally fruitless was the interference of the city of London, of Bristol, and many other respectable towns, in our favor. Parliament adopted an insidious manoeuvre, calculated to divide us, to establish a perpetual auction of taxations, where colony should bid against colony, all of them uninformed what ransom would redeem theii 288 JOHN DICKINSON'. lives ; and thus to extort from us, at tlie point of the bayonet, the unknown sums that should be sufficient to gratify, if possible to gratify, ministerial rapacity, with the miserable indul- gence left to us of raising, in our own mode, the prescribed tribute. What terms more rigid ,and humiliating could have been dictated by / remorseless victors to conquered enemies? In ^' our circumstances to accept them would be to deserve them. Soon after the intelligence of these proceed- ings arrived on this continent. General Gage, who, in the course of the last year, had taken possession of the town of Boston, in the province of Massachusetts Bay, and still occupied it as a garrison, on the nineteenth day of April, sent out from that place a large detachment of his army, who made an unprovoked assault on the inhabitants of the said province at the town of Lexington, as appears by the affidavits of a great number of persons, some of whom were officers and soldiers of that detachment, mur- dered eight of the inhabitants and wounded many others. From thence the troops pro- ceeded, in warlike array, to the town of Con- cord, where they set upon another party of the inhabitants of the same province, killing several and wounding more, until compelled to retreat by the country people suddenly assembled to repel this cruel aggression. Hostilities, thus ^J' commenced by the British troops, have been since prosecuted by them, without regard to faith or reputation. The inhabitants of Boston being confined within that town by the gene- ral, their governor, and having, in order to procure their dismission, entered into a treaty with him; it was stipulated that the said in- habitants having deposited their arms with their own magistrates, should have liberty to depart, taking with them theii' other effects. They accordingly delivered up their arms, but in open violation of honor, in defiance of the obhgation of treaties, which even savage nations esteem sacred, the governor ordered the arms deposited as aforesaid, that they might be pre- served for their owners, to be seized by a body of soldiers, detained the greatest part of the inhabitants in the town, and compelled the few who were permitted to retire, to leave their most valuable effects behind. By this perfidy wives are separated from their husbands, children from their parents, the aged and the sick from their relations and friends, who wish to attend and comfort them, and those who have been used to live in plenty, and even elegance, are reduced to deplorable distress. The general, further emulating his ministerial masters, by a proclamation bearing date on the twelfth day of June, after venting the grossest falsehoods and calumnies against the good peo- ple of these colonies, proceeds to "declare them all, either by name or description, to be rebels and traitors, to supersede the course of comrnon law, and instead thereof to publish and order the use and exercise of the law mar- tial." His troops have butchered our country- men, have wantonly burnt Charlestown, besides a considerable number of houses in other places; our ships and vessels are seized; the necessary supphes of provisions are intercepted, and he is exerting his utmost power to spread destruc- tion and devastation around him. We have received certain intelligence, that General Carleton, the Governor of Canada, is instigating the people of that province and the Indians, to fall upon us ; and we have but too much reason to apprehend, that schemes have been formed to excite domestic enemies against us. In brief, a part of these colonies now feel, and all of them are sure of feeling, as far as the vengeance of administration can inflict them, the complicated calamities of fire, sword, and famine. We are reduced to the alternative of choosing an unconditional submission to the tyranny of irritated ministers, or resistance by iorcer " The latter is our choice. We have COUNTED THE COST OP THIS CONTEST, AND FIND NOTHIN& 80 DEEADFtTL AS VOLCNTAET SLAVERY ! Honor, justice and humanity forbid us tamely, to surrender that freedom which we received from our gallant ancestors, and which our in- nocent posterity have a right to receive from us. We cannot endure the infamy and guilt of resigning succeeding generations to that wretchedness which inevitably awaits them, if we basely Entail hereditary bondage upon them. Our cause is just. Our union is perfect. Our internal resources are great, and, if necessary, foreign assistance is undoubtedly attainable. We gratefully acknowledge, as signal instances of Divine favor towards us, that his providence would not permit us to be called into this severe controversy, until we were grown up to our present strength, had been previously ex- ercised in warlike operations, and possessed the means of defending ourselves. With hearts for- tified by these animating reflections, we most solemnly, before God and the world, Deolaee, that, exerting the utmost energy of those powers, which our beneficent Creator has graciously be- stowed upon us, the arms we have been com- pelled by our enemies to assume, we will, in , defiance of every hazard, with unabating firm- ness and perseverance, employ for the preser- vation of our liberties; being with one mind resolved to die freemen rather than to live slaves. Lest this declaration should disquiet the minds of our friends and fellow-subjects in any part of the empire, we assure them that we mean not to dissolve that union which has so long and so happily subsisted between us, and which we sincerely wish to see restored. Ne- cessity has not yet driven us into that desperate measure, or induced us to excite any other na- tion to war against them. We have not raised armies with ambitious designs of separating from Great Britain, and establishing indejien- dent States. We fight not for glory or for con- quest. We exhibit to mankind the remarkable THE DECLARATION ON TAKING UP ARMS. 289 spectacle of a people attacked by unprovoked enemies, without any imputation or even sus- picion of offence. They boast of their privi- leges and civilization, and yet proffer no milder conditions than servitude or death. In our own native land, in defence of the freedom that is our birth-right, and which we ever enjoyed till the late violation of it — for the protection of our property, acquired solely by the honest industry of our forefathers and ourselves, against violence actually offered, we have taken up arms. We shall lay them down when hostilities shall cease on the part of the aggressors, and all danger of their being renew- _ed shall be removed, and not before. With an humble confidence in the merciep of the Supreme and impartial Judge and Ruler of the universe, we most devoutly implore his divine goodness to protect us happily through this great conflict, to dispose our adversaries to reconciliation on reasonable terms, and thereby to relieve the empire from the calamities of civil war.* * About the tenth of July, 1775, the Declaration of Con- greBS was proclaimed at the head of the several regiments. * * * As soon as those memorable words 'were pro- nounced to General Putnam's division, which he had order- ed to be paraded }ri P ospect HIII, they shouted in three huzzas a loud Aimn 1 Dwiyphrey't Life ofPtitnam. joh:n" witherspoon. DooTOE WiTHBEBPOON was lineally descended from tlie eminent Jolin Knox, of whose prayers, It is recorded, Mary, Queen of Soots, "was more afraid tlian of an army of ten thousand men.'- Elizabeth, the daughter of Mr. Knox, married John Welsh, " who strongly resembled his father- in-law ia genius, character, and ia usefulness in the church; " and ir this line the descent of Doctor "Witherspoon is traced. His father was a minister settled in the Parish of Tester, a short distance from Edinburgh. There he was born on the fifth day of february, 1722. At a very early age, he was placed in the public school at Haddington, where he soon acquired a high re- putation for an assiduous attention to his studies, and for the strength aud solidity of his judg- ment. Just before he reached his fifteenth year, he entered the University of Edinburgh, at which place he remained until the age of twenty-one, giving constant proofs of his intellectnal and moral worth. On leaving this institution he was licensed to preach, and soon after was invited to become the colleague of his father, in the church of his native town. This he de- clined, preferring to accept the pastoral charge of a church at Beith, in Ayrshire, where he was subsequently ordained. In this position, he gained a great reputation as a preacher, and by the diligent and faithful discharge of his parochial duties, deeply established himself in the afiections of his people. During this pastorate of Doctor Witherspoon the Scotch rebellion of 1745 broke out. The country became alarmed at the approach of the rebels, and several parishes raised corps of militia to assist the regular soldiery iu subdujng them. Among others, the Parish of Beith furnished its quota.* Doctor Witherspoon, after animating his parishioners in the cause, assembled a com- pany of them, and marched at their head to Glasgow. At this place, he was informed, that, from the confidence reposed in the king's troops, as well as from their numbers, compared with those of the enemy, it would be unnecessary for the militia to go farther; and he received orders to return. But Dr. Witherspoon's enthusiasm was not so easily allayed : he went forward and was present at the battle of Falkirk ; on the termination of which, he was taken prisoner, with several other individuals, who had been led to the field by their curiosity alone, and confined in the Castle of Donne. The room occupied by him was situated in the highest part of the castle, and next the battlements. His fellow prisoners were five members of the Edinburgh company of volunteers, and two citizens of Aberdeen, who had been taken in the north country, as spies. In a neighboring cell were eight persons, sufiering like himself the effects of injudicious curiosity. It was proposed by one of the Edinburgh volunteers, to make a rope of their blankets, by which * The following is a reBolution of the feuars and tenants of one diYision of the pansh of Beith, drawn up by Doctor Witherspoon, and signed by eighteen of his parishioners : "We, the subscribing farmers and tenants within the barony of Broadstone, in the parish of Beith, doe hereby bind onrselTes, each of us for ouraelTes, effiering to our respective Taluations, to furnish seven men to join the other militia, from the said parish, and to march with them to Stirling; for the support of our religion and liberty, and in defence of our only rightful and lawful Sovereign King George, against his enemies engaged in the present rebellion, which militia being to be engaged in the said cause, for the space of thirty days from the day of their marching from Beith, they shall be sup- ported accordingly, agreeably to our different preparations, at the rate of two-pence half-penny sterling, upon every pound Boots of valuation." Mackwood, vol. ^^pageiSS. JOHN WITHERSPOON. 291 they might descend from the battlements, to which they were allowed constant access by the sentinel. This proposition was favored by the rest of the volunteers and the two men of Aber- deen ; Dr. "Witherspoon suggesting that he would go to the battlements, and if they succeeded, he would probably follow their example. Having finished the rope, they went to the battlements, where they drew lots for the order in which they should proceed, and commenced their descent. Four of them reached the ground in safetj', but the fifth, who was larger than the rest, " and, withal, going in a hurry," broke the rope just as he touched the ground. The next one who attempted to descend, was severely Injured, and was carried by his comrades on board the sloop- of-war Vulture, then lying in the Frith of Forth. One of the volunteers and Dr. Witherspoon, were now left on the battlements; the former, believing that the rope was not strong enough, drew it up and carried it to the room where there were other blankets, with which he completed it, adding to its size and length. He then returned to the battlements, fastened the rope, and began to descend, which he did very suc- cessfully, until he reached that part of the rope where he had added so much to its thickness, that his hand could not grasp it, and, relinquishing his hold, he fell to the ground so seriously injured, that he died soon after. Doctor Witherspoon declined this hazardous attempt, and remained a prisoner until after the battle of Oulloden. One of his " curious " friends was more fortunate. Being a man of diminutive size, " he got himself dressed in woman's attire, walked out of his prison carrying a tea-kettle," * and thus escaped. From Beith, Doctor Witherspoon removed to Paisley, where he continued, in the height of popularity and usefulness, until he was called to the Presidency of New Jersey College. In the summer of 1764, he published a volume of his writings, chiefiy sermons. Among the most cele- brated of his productions at this period of his life, was a work entitled, Eeclesiaatical Ohwracter- istics, a series of maxims, directed against the moderate men of the Church of Scotland, who allowed in their church discipline a wider latitude of opinion, and " preached in a style that seemed to the people less evangelical, and less affecting to the heart and conscience," than was considered correct by the orthodox portion of the church, of which Doctor Witherspoon was a warm and able supporter. In this production he evinced great powers of satire and humor. In re- verting to the general indifference as to the exercises of public worship, he gave fuU scope to his irony, "and intended," he said, "to have been at some pains in showing the great indecency of a grave and apparently serious carriage, or of introducing any religious subject of conversation Into promiscuous company ; but when I consider how successfully all visible religion was attacked, both by wits and preachers, immediately after the restoration of King Charles the Second ; how constantly any disposition of this sort hath been borne down by all men of taste ever since that time, which is now near a whole century ; as also how seldom any religious discourse is to be met with at this day, either among clergy or laity, I shall only rejoice in my- self, congratulate my reader, upon the purity of the times, and proceed to the other part of the maxim. " As to the public exercises of religious worship, although a certain measure of them is rea- sonable enough, and though the office by which we have our bread obliges us to be often engaged in them ; yet a truly moderate man, without renouncing his calling, has it in his power to pare off a great many superfluities with which the orthodox clergy are apt to overload religion and render it unpalatable to the polite world. Being members of church judicatures, and, we hope, the majority in most of them, the moderate party can discourage and stifle aU motions for extraordinary fasts or thanksgivings, which experience has taught us serve only to promote idleness and discourage industry. Upon the day that Henry the Fifth fought at Agincourt, a solemn fast was kept in England for his success ; and some historians are pleased to say, that the prayers of the nation had some share in procuring the victory ; but later histories have dis- proved this ; and now it can be demonstrated upon paper, that a fast day in Scotland loses fifty thousand pounds to the nation, while nobody can make any calculation what it wins. For this reason, i . was very refreshing to hear, as we lid lately, that even in the most distant and • Homes Works: History of EebellioD, 1745 : Sanderson's Lives of the Signers: Blackwood, vol. 2, page 433. i92 JOHN WITHEESPOON. northerly corners of this country, there is a set of clergy of an heroic spirit, who are resolved ta reform their people, and beat them out of that unpolite and barbarous inclination, which manj of them still retain, of hearing sermons. " With a view to the same good end, we can curtail our business at home, both as to the number and length of our pulpit performances. In our own families, though it would not perhaps yet be convenient to imitate the ieau monde so very quickly, in discarding the worship of God altogether ; yet we may by degrees sometimes omit it, through hurry of business, at other times by dropping, now and then, at least, some parts of it ; and in gentlemen's families, take care to give discreet intimations that we do not incline to put them out of their ordinary way, or occa- sion the least interruption to the mirth of the company. Sometiu-es, indeed, it may happen, by a. concurrence of circumstances, that one of ns may, at bed time, be unequally yoked with an orthodox brother, who may propose a little unseasonable devotion between ourselves, before we lie down to sleep : but there are twenty ways of throwing cold water upon such a motion ; or, if it should be insisted upon, I would recommend a moderate way of complying with it, from the example of one of our friends, who, on a like occasion, yielded so far, that he stood up at the back of a chair, and said, ' Oh Lord, we thank thee for Mr. Bayle's Dictionary. Amen.' This was so far frOm spoiling good company, that it contributed wonderfully to promote social mirth, and sweetened the young men in a most agreeable manner for their rest. Whatever is forced is unnatural, and ought to be avoided ; and therefore, what the Puritan said of square caps, we may apply to many modes of devotion : ' That he would not wear them because his head was round.' " * The Cha/racteristics added extensively to the reputation of Doctor Witherspoon. Doctor Warburton, the celebrated Bishop of Gloucester, says Eodgers, mentions them with particular approbation, and expressed his wish that the English Church had a similar corrector. He pub- lished a companion to this work, under the title of A Serious Apology for the Eeclesiastical Characteristics, ly the Real Author of that Performance; in which he defended the style of the former work. Another similar work was his History of a Corporation of Servants, dis- covered a few years ago in the Interior Parts of South America, containing some very surpris- ing events and extraordina/ry ehwracters. He also wrote earnestly against theatrical exhibitions, and attempted to show that contributing to the support of public theatres was inconsistent with the character of a Christian. On the nineteenth of November, 1766, shortly after the death of Doctor Finlay, the trustees of New Jersey College elected Doctor Witherspoon president of that institution, and sent a letter to Richard Stockton, t who was then in London, requesting him to visit Paisley, and per- sonally solicit a compliance with the wishes of the trustees. After some hesitation, on account of the reluctance of his wife to leave her native country and the "sepulchres of her ancestors," he sailed for America, where he arrived in August, 1768. On the seventeenth of the same month he was inaugurated at Princeton, and at once entered upon the duties of his office. His influence was soon felt in the financial and literary affairs of the college ; " his reputation excited a generous liberality in the public, and his personal exertions, extending from Massachusetts to Virginia, soon raised its funds to a flourishing state." In this position he remained until the commencement of the Revolution, when the college was dispersed. He was a member of the New Jersey convention for the formation of the constitution of that State, and on the twenty-first of June, 1776, was elected to the Continental Congress, in which assembly he took his seat a few days prior to the Declai ation of Independence. His course in this position was bold, decisive, and patriotic. He becme an. American on his landing in America. \ When a distinguished member of Congress said that the Colonies were " not yet ripe for a declaration of independence," he replied, " In my judgment, sir, we are not only ripe, * Ecclesiastical Characteristics ; or, the Arcana of Church Policy. Being an Humble Attempt to open the Mystery ol Moderation. Wherein is shown a plain and easy way of attaining to the character of a Moderate Man, as at present n repute in the Church of Scotland.— Witli&rspoOTCs Works, vol. 3, page 136. t New Jersey Ilistorical Collections, vol. 8, plage 200. i Rodgers's Discourse, page 82. THE OONFEEENOE WITH LOKD HOWE. 293 but rotting." An account of his notice of Governor Franklin, when he was brought hefore Congress, under a military guard, is thus given by Doctor Green : * " The governor treated the whole Congress with marked indignity, refused to answer any questions that were put to him, represented it as a lawless assembly, composed of ignorant and vulgar men, utterly incapable of devising any thing for the public good, and who had rashly subjected themselves to the charge and deserved punishment of rebellion. When he had finished his tirade of abuse. Doctor Witherspoon rose and let loose upon him a copious stream of that irony and sarcasm which he always had at command ; and in which he did not hesitate to allude to the governor's illegitimate origin, and to his entire want, in his early training, of all scientific and liberal knowledge. At length he confcluded, nearly, if not exactly, in these words : ' On the whole, Mr. President, I think that Governor Franklin has made us a speech every way worthy of his exalted birth and refined education.' " He continued in Congress until the fall of 1782, using his greatest exertions for the success of the cause of his adopted country. He opposed the election of Thomas Paine as Secretary to the Committee of Foreign Afiairs, as he thought of him as a person " ignorant of human nature, as well as an enemy to the Christian faith." t His speeches upon several important topics, during his congressional career, are included in this work, and are among the few that now remain of that Congress. It is well known that he wrote the addresses of Congress recommending fasts ; and during the month previous to his election to that body, he delivered, at Princeton, a sermon entitled the Dominion of Providence over the Passions of Men, on the general Fast Day appointed throughout the Colonies ; which was published, with the addition of An Address to the Natives of Scotland, residing in America. He was also the author of Thoughts on American Liberty, and several other political essays, serious, humorous, and satirical. After his death, which occurred on the fifteenth of November, 1795, his works were collected and published, together with a sketch of his life, contained in a funeral sermon preached by the Rev. Dr. John Rodgers of New York. THE CONFERENCE WITH LORD HOWE. A few days after the battle of Long Island, General Sullivan, who was taken prisoner in that action, was permitted to return to Phila- delphia, with the view of communicating with Congress relative to a conference he had held with the British Admiral, Lord Howe, in refe- rence to an adjustment of the diflScnlties between Great Britain and the colonies. On the second of September he arrived at the Congress, and "being admitted, delivered a verbal message he had in charge from Lord Howe, which he was desired to reduce to writing." The next day he presented a written message,| upon * Life of Aflhbel Green, Y. D. M., begnu to be written by himself in hia eighty-second year, and continued till his eighty-fourth. Prepared for the press, at the author's re- quest, by Joseph H. Jones ; page 61. t See note in Witheispoon's Worfes, vol. 2, page 414. X The following is the purport of the message from Lord Howe to Congress, by General Sullivan : '* That though he could not at present treat with Congre ss, ta such, yet he was very desirous of having a conferc ce which Doctor Witherspoon delivered the fol- lowing speech : Me. Peesident: — The subject we are now upon is felt and confessed by us all, to be of the utmost consequence, and perhaps I may also with some of the membera, whom he would consider, for the present, only as private gentlemen, and meet them himself as such, at such place as they should appoint "That he, in conjunction with General Howe, had full powers to compromise the dispute between Great Britain and America, upon terms advantageous to both ; the obtaining of which delayed him near two months in England, and prevented his arrival at this place before the Declaration of Independence took place. " That he wished a compact might be settled at this time, when no decisive blow was struck, and neither party could say that they were compelled to enter into such agreement. "That, in case Congress were disposed to treat, many things which they had not as yet asked, might and ought to be granted them; and that if, upon the conference, they found any probable ground of accommodation, the authority of Congress must be afterwards acknowledgedr otherwise the compact would not le complete." Jartmalt of Con gress, 1776. iU JOHN WITHEESrOON. Bay, of delicacy and difficulty. I have not been accustomed, in such cases, to make solemn pro- fessions of impartiality, and shall not do it now, because I will not suppose that there are any suspicions to the contrary in the minds of those who hear me. Besides, the variety of opinions that have been formed and delivered upon it, seem to prove that we are giving our own proper judgment, without prejudice or influ- ence, which, I hope, will lead to the discovery of what is most wise and expedient upon the whole. As the deliberation arises from a message gent to us by Lord Howe, at least by his per- mission, I think it is of importance to attend, with greater exactness, to all the circumstances of that message, than has been done by any gentleman who has yet spoken on the subject. It comes from the commander-in-chief of the forces of the king of Great Britain, and one who is said to carry a commission to give peace to America. From the conduct of the ministry at home, from the acts of Parliament, and from Lord Howe's proclamation, in conformity to both, it is plain that absolute, unconditional submission is what they require us to agree to, or mean to force us to. And from the most authentic pri- vate intelligence, the king has not laid aside his j-ersonal rancor; it is rather increasing every day. In these circumstances Lord Howe has evidently a great desire to engage us in a treaty, and yet he has constantly avoided giv- ing up the least punctilio on his side. He could never be induced to give General Wash- ington his title.* He plainly tells us he cannot treat with Congress, as such, but he has allowed * The following extracts will explain this remark of Doc- tor Witherspoon : — " Yesterday Lord Howe sent up a flag with the captain and lieutenant of the Eagle, man-of-war. The adjutant general met them after some little ceremony, but as their letter was directed for George WasHngton, esq., he would not receive it. The officers insisted much on his receiving it, saying it was of a civil nature, his lordship being invested with unlimited power, and was sorry that he had not anived a few days sooner." Letter from N&w York, dated July 15th, pubUahed in the PeTmAyl/vamda Journal of July IT, 1776. In the same journal of July 24th, is the following extract of a letter from New York, dated July 22d, 1776. Saturday came up from Lord Howe, a flag of truce. Adjutant General Patterson, of the British army. He landed near our battery and passed through the life guards of General Washington, and had a private conference with him, at Colonel Knox's, for near half an hour, the particulars of which I am this mo- ment informed of by a person of distinction. One piede of this business was, that he urged the general to accept of the letter, and that Lord Howe was extremely sorry it could not be received, as it was of a private nature. General Washington told the adjutant, as for himself he did not mind the title, but the general officers did not think proper tor him to receive it without, and that he could not on any account receive it. The adjutant behaved with great po- liteness, and made use of the forms necessary to a person in the general's situation, as "May it please your Excellency," &c., &c. a prisoner of war to come and tell us he would be glad to see us as private gentlemen. It has been said that this is no insult or dis- grace to the Congress; that the point of honor is hard to be got over in making the first ad- vances. This, sir, is mistaking the matter wholly. He has got over this point of honor; he has made the first overtures; he has told General Washington, by Colonel Putnam, that he wished that message to be considered as making the fii-st step. His renewed attempts by Lord Drummond, and now by General Sul- livan, point out to all the world that he has made the first step. It will doubtless be related at home, and I am of opinion it is already writ- ten, and boasted of to the ministry at home, that he has taken such a part. Therefore, any evil or condescension that can attend seeking peace first, has been submitted to by him. Yet has he uniformly avoided any circumstance that can imply that we are any thing else but subjects of the king of Great Britain, in rebel- lion. Such a message as this, if in any degree intended as respectful to us, ought to have been secret; yet has it been open as the day. In short, such a message was unnecessary, for if he meant only to communicate his mind to the Congress, by private gentlemen, he might have done that many ways, and it needed not to have been known, either to the public or the Con- gress, till these private gentlemen came here on purpose to reveal it. These then are the cir- cumstances which attend this message as it is now before us, and the question is, shall we comply with it in any degree, or not? Let us ask what benefit shall be derived from it? There is none yet shown to be possible. It has been admitted by every person, without excep- tion, who has spoken, that we are not to admit a thought of giving up the independence we have so lately declared, and by the greatest part, if not the whole, that there is not the leastTeason to expect that any correspondence we can have with him wilt tend to peace. Yet I think in the beginning of the debate, such reasonings were used, as seemed to me, only to conclude that we should grasp at it as a means of peace. We were told that it was easy for us to boast or be valiant here, but that our armies were running away before their enemies. 1 never loved boasting, neither here nor any where else. I look upon it as almost a certain forerunner of disgrace. I found my hope of success in this cause, not in the valor of Amer- icans, or the cowardice of Britons, but upon the justice of the cause, and still more upon the nature of things. Britain has first injured and infiamed America to the highest degree, and now attempts, at the distance of three thousand miles, to carry on war with this whole country, and force it to absolute submission. If we take the whole events of the war since it commenced, we shall rather wonder at the uniformity of our success, than be surprised at some cross events. We have seen bravery as well as cowardice in this country, and there are no consequences ol THE OONFEEENCE WITH LORD HOWE. 295 eitlier that are pi-obable, 'that can be worth mentioning, as ascertaining the event of the contest. Lord Howe spealcs of a decisive blow not being yet struck, as if this cause depended upon one battle which could not be avoided. Sir, this is a prodigious mistake. We may fight no battle at all for a long time, or we may lose some battles, as was the case with the British themselves in the Scotch rebellion of 1745, and the cause, notwithstanding, be the same. I wish it were considered, that neither loss nor disgrace worth mentioning, has befallen us in the late engagement, nor comparable to what the British troops have often suffered. At the battle of Preston, sir, they broke to pieces and ran away like sheep, before a few Highlanders. I myself saw them do the same thing at Falkirk, with very little difference, a small part only of the army making a stand, and in a few hours the whole retreating with precipitation before their enemies. Did that make any difference in the cause ? Not in the least — so long as the body of the nation were determined, on principle, against the rebels. Nor would it have made any other difference, but in time, though they had got possession of London, which they might have easily done, if they had understood their business, for the militia in England, there gath- ered together, behaved fifty times worse than that of America has done lately. They gene- rally disbanded and ran off wholly, as soon as the rebels came within ten or twenty miles of them. In short, sir, from any thing that has happened, I see not the least reason for our attending to this delusive message. On the contrary, I think it is the very worst time that could be chosen for us, as it wiU be looked upon as the effect of fear, and diffuse the same spirit, in some degree, through different ranks of men. The improbability of any thing arising from this conference, leading to a just and honorable peace, might be shown by arguments too nu- merous to be even so much as named. But what I shall only mention is, that we are abso- lutely certain, from every circumstance, from all the proceedings at home, and Lord Howe's own explicit declaration in his letter to Doctor Franklin, that he never will acknowledge the independence of the American States. I observed that one or two members said, in objection to the report of the board of war, that it was like a begging of the question, and making a preliminary of the whole subject in debate. Alas, sir, this is a prodigious mistake ! It was not only not the whole, but it was pro- perly no subject of debate at all, till within these three months. We were contending for the restoration of certain privileges under the Government of Great Britain, and we were praying for reunion with her. But in the be- ginning of July, with the universal approbation of all the States now united, we renounced this connection, and declared ourselves free and independent. Shall we bring this into question again ? Is it not a preliminary ? Has it not been declared a preliminary by many gentlemen, who have yet given their opinion for a conference, while they have said they were determined on no account, and on no condition, to give up our independence ? It is then a necessary preliminary — and it is, quite a different thing from any punctilios of cere- mony. If France and England were at war, and they were both desirous of peace, there might be some little difficulty as to who should make the first proposals ; but if one of them should claim the other as they did long ago as a vassal or dependent subject, and should signify a desire to converse with the other, or some one deputed by him, and propose him many privileges, so as to make him even better than before, I desire to know how such a proposal would be received ? If we had been for ages an independent republic, we should feel this argument with all its force. That we do not feel it, shows that we have not yet acquired the whole Ideas and habits of independence ; from which I only infer, that every step taken in a correspondence as now proposed, will be a virtual or partial renunciation of that dignity so lately acquired. I beg you would observe, sir, that Lord Howe himself, was fully sensible that the declaration of independence precluded any treaty, in the character in which he appeared ; as he is said to have lamented that he had not arrived ten days sooner, before that declaration was made. Hence it appears, that, entering into any cor- respondence with him, in the manner now pro- posed, is actually giving np, or subjecting to a new consideration, the independence which we have declared. If I may be allowed to say it without offence, it seems to me that some members have unawares admitted this, though they are not sensible of it; for when they say, that it is refusing, to treat, unless the whole be granted, they must mean, that some part of the whole must be left to be discussed and ob- tained, or yielded by the treaty. But, sir, many members of this House have either yielded, or at least supposed, that no de- sirable peace, or no real good, could be finally expected from this correspondence, which is wished to be set on foot ; but they have con- sidered it as necessary in the eye of the public, to satisfy them, that we are always ready to hear any thing that will restore peace to the country. In this view, it is considered as a sort of trial of skill between Lord Howe and us, in the political art. As I do truly believe, that many members of this House are deter- mined by this circumstance, I shall consider it with some attention. With this view, it will be necessary to distinguish the public in America, into three great classes. 1. The tories, our se- cret enemies. 2. The whigs, the friends of in- dependence, our sincere and hearty supporters, 3. The army, who must fight for us. As to the first of them, I readily admit that they are earnest for our treating. They are 296 JOHN WITHEESPOON". exulting in the prospect of it ; they are spread- ing innumerable lies to forward it. They are treating the whigs already with insult and in- solence upon it. It has brought them from their lurking holes ; they have taken liberty to say things in consequence of it, which they durst not have said before. In one word, if we set this negotiation on foot, it will give new force and vigor to all their seditious machina- tions. But, sir, shall their devices have any influence upon us at all ? If they have at all, it should be to make ns suspect that side of the question which they embrace. In cases where the expediency of a measure is doubtful, if I had an opportunity of knowing what my ene- mies wished me to do, I would not be easily induced to follow their advice. As to the whigs and friends of independency I am well persuaded that multitudes of them are already clear in their minds, that the con- ference should be utterly rejected; and to thosa who are in doubt about its nature, nothing more will be requisite than a clear and full in- formation of the state of the case, which I hope will be granted them. As to the army, I cannot help being of opin- ion, that nothing wUl more eifectnally deaden the operations of war, than what is proposed. We do not ourselves expect any benefit from it, but they will. And they will possibly im- pute our conduct to fear and jealousy as to the issue of the cause, which will add to their pres- ent little discouragement, and produce a timo- rous and despondent spirit.* SrEECH ON THE CONFEDERATION. On the eleventh of June, 1776, Congress resolved, "that a committee be appointed to prepare and digest the form of a Confederation to be entered into between these Colonies." The next day they voted that the committee should consist of a member from each colony, and proceeded to an election.* On the twelfth of July, the committee reported a draught con- sisting of twenty articles, and the twenty-sec- ond Congress, in a committee of the whole, took the report into consideration, and contin- ued it in debate until the twentieth of August, when, in an amended form, it was reported back to the House. On the eighth of April, 1777, it was again taken up and debated until the fifteenth of November, at which time it was adopted, the number of the articles having been reduced to thirteen. — The following is part of a speech t delivered by Doctor "Wither- spoon, during the debates : The absolute necessity of union, to the vigor and success of those measures on which we are already entered, is felt and confessed by every one of us without exception ; so far indeed that those who have expressed their fears or sus- picions of the existing confederacy proving * The members of the committee were Josiah BaTtlett, Samuel Adams, Stephen Hopkins, Roger Sherman, E. E. Livingston, John Dicliinson, Thomas M'Kean, Thomas Stone, Thomas Nelson, Joseph Hewes, Edward Eiitledge, Knd Button Gwinnett. On the twenty-eighth of June, Fran- els Hopkinson was added to the committee. Journals of Oongreaa, 17T6-177T. t See Witherspoon's Works, Tol. 4, page 253 — also Life and Works of John Adams, vol. 2, page 496. abortive, have yet agreed in saying that there must and shall be a confederacy for the pur- poses of and till the finishing of this war. So far is well; and so far it is pleasing to hear them express their sentiments. But I entreat gentlemen calmly to consider how far the giv- ing up all hopes of a lasting confederacy among * This speech is taken from the fourth volume of With erspoon's works : On the fifth of September, 1776, the Report of the Board of War, being under consideration, the Congress Besolved, That General Sullivan be requested to inform Lord Howe, that this Congress, being the representatives of the fi-ee and independent States of America, cannot, with propriety, send any of its members to confer with his Lord- ship in their private characters, but, that, ever desirous of es- tablishing peace on reasonable terms, they will send a com- mittee of their body to know whether he has any authority to treat with persons authorized by Congress for that pur- pose, in behalf of America, and what that authority is, and to hear such propositions as he shall think fit to make re- specting the same. That the President be desired to write to General Wash- ington, and acquaint him that it is the opinion of Congress, no proposals for making peace between Great Britain and the United States of America, ought to be received or at- tended to, unless the same be made in writing, and address- ed to the representatives of the said States ifi Congress, or persons authorized by them : and if application be made to him by any of the commanders of the British forces on that subject, that he inform them that these United States, who entered into the war only for the defence of their lives and liberties, will cheerfully agree to peace on reasonable terms, whenever such shall be proposed to them in manner afore- said." These resolutions were delivered to General Sullivan wit h orders to return immediately to Lord Howe, and on tho sixth of September, Doctor FrankUn, John Adams, and Ed. ward Eutledge, were elected to confer with the British Admiral. They had an interview, but the result only con- vinced both parties that a reconciliation could net be per- fected on such terms as the British were inclined to oft'er. SPEECH ON THE CONFEDERATION. 29'? these States, for their future security and im- provement, will have an effect upon the sta- bility and eflScacy of even the temporary confederacy, which all acknowledge to be ne- cessary ? I am fully persuaded, that when it ceases to be generally known, that the delegates of the provinces consider a lasting union as im- practicable, it will greatly derange the minds of the people, and weaken their hands in de- fence of their country, which they have now undertaken with so much alacrity and spirit. I confess it would to me greatly diminish the glory and importance of the struggle, whether considered as for the rights of mankind in gen- eral, or for the prosperity and happiness of this continent in future times. It would quite depreciate the object of hope, as well as place it at a greater distance. For what would it signify to risk our possessions, and shed our blood to set ourselves free from the encroachments and oppression of Great Britain, with a certainty, as soon as peace was settled with them, of a more lasting war, a more unnatural, more bloody, and much more hopeless war among the colonies themselves? Some of us consider ourselves as acting for posterity at present, having little expectation of living to see all things fully settled, and the good consequences of liberty taking effect. But how much more uncertain the hope of seeing the internal contests of the colonies settled upon a lasting and equitable footing. One of the greatest dangers I have always considered the colonies as exposed to at present, is treachery among themselves, augmented by bribery and corruption from our enemies. But what force would be added to the arguments of seducers, if they could say with truth, that it was of no consequence whether we succeeded against Great Britain or not, for we must in the end be subjected, the greatest part of us, to the power of one or more, of the strongest or larg- 'ist of the American States? And here I would apply the argument which we have so often used against Great Britain — that in all history we see that the slaves of freemen, and the sub- ject States of republics, have been, of all others, the most grievously oppressed. I do not think the records of time can produce an instance of slaves treated witli so much barbarity, as the Helotes by the Lacedfemonians, who were the most illustrious champions for liberty in all Greece; or of provinces more plundered and " spoiled than the States conquered by the Ro- mans, for one hundred years before Caasar's dictatorship. The reason is plain, there are many great men in free States. There were many consular gentlemen in that great repub- lic, who aU considered theniselves as greater than kings, and must have kingly fortunes, which they had no other way of acquiring but by governments of provinces, which lasted gen- erally but one year, and seldom more than two. In what I have already said, or may say, or any cases I may state, I hope every gentleman will do me the justice to believe that I have not the most distant view to particular persons ot societies, and mean only to reason from tha usual course of things, and the prejudices in- separable from men as such. And can we help saying that there will be a much greater de- gree, not only of the corruption of particular persons, but the defection of particular prov- inces from the present confederacy, if they consider our success itself as only a prelude to contests of a more dreadful nature, and indeed much more properly a civil war, than that which now often obtains the name? Must not small colonies, in particular, be in danger of saying, we must secure ourselves? If the colonies are independent States, separate and disunited, after this war, we may be sure of coming oflF by the worse. We are in no condition to con- tend with several of them. Our trade in gene- ral, and our trade with them, must be upon such terms as they shaU be pleased to prescribe. What will be the consequence of this? Will they not be ready to prefer putting themselves under the protection of Great Britain, France, or Holland, rather than submit to the tyranny of their neighbors, who were lately their equals? Nor would it be at all impossible that they should enter into such rash engagements, as would prove their own destruction, from a mixture of apprehended necessity and real resentment. Perhaps it may be thought that breaking off this confederacy, and leaving it unfinished after we have entered upon it, will be only postpon- ing the duty to some future period? Alas! nothing can exceed the absurdity of that sup- position. Does not all history cry out, that a common danger is the great and only effectual means of settling difficulties, and composing differences? Have we not experienced its effi- cacy in producing such a degree of union through these colonies, as nobody would have prophesied, and hardly any would have ex- pected? If, therefore, at present, when the danger is yet imminent, when it is so far from being over, that it is but coming to its height, we shall find it impossible to agree upon the terms of this confederacy, what madness is it to suppose that there ever will be a time, or that circumstances will so change as to make it even probable that it will be done at an after season? Will not the very same difficulties that are in our way, be in the way of those who shall come after us? Is it possible that they should he ignorant of them, or inattentive to them? WiU they not have the same jealousies of each other, the same attachment to local prejudices, and par- ticular interest? So certain is this, that I look upon it, as on the repentance of a sinner. Every day's delay, though it adds to the neces- sity, yet augments the difficulty and takes from the inclination. There is one thing that has been thrown out, by which some seem to persuade themselves ot; and others to be more indifferent, about the success of a confederacy, that from the nature 298 JOHN WITHEESPOON". of men, it is to be expected tliat a time must come when it will be dissolved and broken in pieces. I am none of those, who either deny or conceal the depravity of human nature, tiU it is purified by the light of truth, and renewed by the Spirit of the living God. Yet, I appre- hend there is no force in that reasoning at all. Shall we establish nothing good because we know it cannot be eternal! ShaU we live with- out government, because every constitution has its old age and its period? Because we know that we shall die, shall we take no pains to preserve or lengthen out life? Far from it, sir: it only requires the more watchful attention to settle government upon the best principles and in the wisest manner, that it may last as long as the nature of things will admit. But I beg leave to say something more, though with some risk that it will be thought visionary and i-omantio. I do expect, Mr. Pre- sident, a progress, as in every other human art, so in the order and perfection of human so- ciety, greater than we have yet seen, and why should we be wanting to ourselves in urging it forward? It is certain, I think, that human science and religion have kept company together and greatly assisted each other's progress in the world. I do not say that intellectual and moral qualities are in the same proportion in particu- lar persons, but they have a great and friendly influence upon one another, in societies and larger bodies. There have been great improvements, not only in human knowledge, but in human na- ture, the progress of which can be easily traced in history. Every body is able to look back to the time, in Europe, when the liberal senti- ments that now prevail upon the rights of con- science, would have been looked upon as absurd, It is but little above two hundred years since that enlarged system, called the balance of power, took place, and I maintain that it is a greater step, from the former disunited and hostile situation of kingdoms and States, to their present condition, than it would be from their present condition to a state of more per- fect and lasting union. It is not irnpossible, that in future times all the States in one quar- ter of the globe may see it proper, by some plan of union, to perpetuate security and peace, and sure I am, a well planned confederacy among the States of America may hand down the blessings of peace and public order to many generations. The union of the seven provinces of the low countries has never yet been bro- ken, and they are cf very different degrees of strength and wealth. Neither have the cantons of Switzerland ever broken among themselves, though there are some of them Protestants, and some of them Papists, by public establishment. Not only so, but these confederacies are seldom engaged in a war with other nations. Wars are generally between monarchs, or single States that are large. A confederation, of it- self, keeps war at a distance from the bodies ol which it is composed. For all these reasons, sir, I humbly appre- hend that every argument from honor, interest, safety, and necessity, conspire in pressing us to a confederacy, and if it be seriously attempted, I hope, by the blessing of God upon our en- deavors, it will be happily accomplished. THE CONTENTION WITH BUEGOYNE. General Burgoyne surrendered to General Gates, on the seventeenth of October, 1777. The articles of convention not being complied with by the British general. Congress took into consideration a series of resolutions, suspend- ing the embarkation of the British troops, until a distinct and explicit ratification of the con- vention should be properly notified by the Court of Great Britain to Congress. On these resolutions the following speech was made : Me. Peesidestt : I am sensible as every other gentleman in this House seems to be, of the great importance of the present question. It is of much moment, as to private persons, so to every incorporated society, to preserve its faith and honor in solemn contracts : and it is especially so to us, as representing the United States of America, associated so lately and just beginning to appear upon the public stage. I hope, therefore, we shall detest the thoughts of embracing any measure which shall but ap pear to be mean, captious, or insidious, what- ever advantage may seem to arise from it. On the other hand, as the interest of this continent is committed to our care, it is our duty, and it will be expected of us, that we give the utmost attention that the public sufter no injury by deception, or abuse and insult, on the part of our enemies. On the first of these principles it is clearly my opinion that we ought, agreeably to the spirit of the first resolution reported, to find, that the coovention is not so broken, on the part of General Burgoyne, as to entitle us to refuse compliance with it on ours, and detain him and his £^rmy as prisoners of war. I admit that there is' something vei-y suspicious in the circumstance of the colors, when compared with his letter in the London Gazette, which makes mention of the British colors being seen Hying upon the fort. I agree, at the ."ame time, THE CONVENTION WITH BUEGOYNE. SQC that tlie pretence of the oartoucli-boxes not being mentioned in the convention, is plainly an evasion. They ought, in fair construction, to he comprehended under more expressions of that capitulation, than one — arms, ammunition — warlike stores. They were so understood at the capitulation of St. John's. In this present instance many of them were delivered up, which certainly ought to have been the case with all or none. And once more,. I admit that the detention of the bayonets in the instances in which it was done, was undeniably un- just.* As to the iirst of these particulars, I am un- willing to distrust the honor of a gentleman solemnly given ; and therefore, as General Bur- goyne has given his honor to General Gates, that the colors were left in Canada, I suppose it is substantially true, whatever small exception there might be to it. The colors seen flying at Tieonderpga, were perhaps old colors occa- sionally found there, or perhaps taken from some of the vessels lying at that place, and left there when the army proceeded further up the country. This is the rather probable, that if the regiments in general had had colors, they must have been seen very frequently by our army in the battles, or upon the march. As to the other circumstances, they are so mean and little in their nature, that I suppose them to have arisen from the indiscretion of individuals, ([uite unknown to the commander- in-chief, or even to the officers in general. We ought also to consider, that it was so unexpected, and must have been so humiliating a thing, for a whole British army to surrender their arms, and deliver themselves up prisoners to those of whom they had been accustomed to speak with such contempt and disdain — that it is not to be wondered at, if the common sol- diers did some things out of spite and ill humor, not to be justified. To all these considei'ations I will only add, that though the want of the colors deprives us of some ensigns of triumph which it would have been very grateful to the diiferent States to have distributed among them, and to have presei-ved as monuments of our vic- tory, the other things are so trifling and unes- sential, that it would probably be considered as taking an undue advantage, if we should re- tain the whole army here on that account. I would, therefore, sir, have it clearly asserted, that though we are not insensible of those ir- regularities, and they may contribute to make us attentive to what shall hereafter pass before * In the return of the ordnance and stores taken from General Burgoyne, no mention was made of standards, mili- tiiry chest, medicines, or tents. The muskets amounted only to 4647, a number not equal to thcprisoners who sur- rendered agreeably to the convention, and all those muskets were returned unfit for service ; there were only 638 car- touch boxes, and the number of bayonets was greatly in- ferior to the muskets, and these as well as the cutla^ises, were returned "without scabbards" or belts. — JournaU of Oangreee, 1777. the embarkation, we do not consider them ai such breaches of the convention, as will au- thorize us in justice to declare it void. On the other hand, sir, it is our indispensa- ble duty to use the , greatest vigilance and to act with the greatest firmness, in seeing that justice be done to the American States. Not only caution, but what I may call jealousy and suspicion, is neither unreasonable nor indecent in such a case. This will be justified by the knowledge of mankind. History afibrds ua many examples of evasive and artful conduct in some of the greatest men and most respecta- ble nations, when hard pressed by their neces- sities, or when a great advantage was in view. The behavior of the Romans when their army was taken at the Caudine Forks, may be pro- duced as one. The conduct of the Samnites was not over-wise; but that of the Romans was dishonorable to the last degree, though there are civilians who defend it. Their con- sul, after his army hail passed through the yoke, a symbol at that time of the utmost infamy, made a peace with the Samnites. The Senate refused to ratify it, but kept up a show of re- gard to the faith plighted, by delivering up the consul to the Samnites, to be used as they thought proper. That people answered as was easily suggested by plain common sense, that it was no reparation at all to them to torment or put one man to death ; but that if they disa- vowed the treaty, they ought to send back the army to the same spot of ground in which they had been surrounded. No such thing however was done. But the Romans, notwithstanding, immediately broke the league ; and with the same army, which had been let go, or a great part of it, brought the unhappy Samnites to destruction. Such instances may be brought from modern as well as ancient times. It is even the opinion of many persons of the best judgment, that the convention entered into by the late Duke of Cumberland was by no means strictly observed by the Court of London. When I consider this, sir, I confess I look upon the expression in General Burgoyne's let- ter to General Gates, of November fourteenth, as of the most alarming nature. For no other and better reason, even so much as pretended, than that his quarters were not so commodious as he expected, he declares the public faith is broke and we are the immediate .sufferers.* In this he expressly declares and subscribes his * In this letter General Burgoyne complained that his troops had not been furnished with such quarters as thej had a right to expect, and continued: " While I state to you, sir, this very unexpected treatment, I entirely acquit Majoi General Heath, and every gentleman of the military depart- ment, of any inattention to the public faith engaged in the Convention. They do what they can, but while the supreme powers of the State are unable or un\villing to enforce theli authority, and the inhabitants want the hospitality, or indeed the common civilization to assist us without it, the publie faith is broke and we are the immediate sufferers." HeaUCi dfemoim, page 145. 800 JOHN WITHERSPOON". opinion, that the Convention is hroken on onr part, and in the last expression, we are the im- niediate sufferers, every person must perceive a menacing intimation of who shall be the suf- ferers when he shall have it in his power. Being sufficiently settled as to the principle on which I shall found my opinion, it is unne- cessary for me to give an account of the law of nature and nations, or to heap up citations from the numerous writers on that subject. But that what I shall say may have the greater force, I beg it may be observed that the law of nature and nations is nothing else but the law of general reason, or those obligations of duty from reason and conscience on one indi- vidual to another, antecedent to any particular law derived from the social compact, or e^en actual consent. On this account it is called the law of nature, and because there are very rarely to be found any parties in such a free State, with regard to each other, except independent nations, therefore, it is also ca-Jed the law of nations. One nation to another is just as man to man in a state of nature. Keeping this in view, a person of integrity will pass as sound a judgment on subjects of this kind, by consult- ing his own heart, as by turning over books and systems. The chief use of books and sys- tems is to apply the principle to particular cases and suppositions, differently classed, and to point out the practice of nations in several minute and special particulars, which, unless ascertained by practice, would be very uncer- tain and ambiguous. But, sir, I must beg your attention, and that of the House, to the nature of the case before us — at least, as I think it ought to be stated. I am afraid that some members may be misled by considering this declaration of General Bur- goyne as an irregularity of the same species, if I may speak so, with the other indiscretions, or even frauds, if you please to call them so, of withholding the cartouoh boxes, or hiding or stealing the bayonets. The question is not, whether this or the other thing done by the army is a breach of the Convention. I have, for my part, given up all these particulars, and declared my willingness to ratify the Conven- tion after I have heard them, and believe them to be true. But we have here the declared opinion of one of the parties, that the public faith is broken by the other. Kow, the sim- plest man in the world knows, that a mutual onerous contract is always conditional, and that if the condition fails on one side, whether from necessity or fraud, the other is free. Therefore, we have reason to conclude, that if Mr. Bur- goyne is of opinion that the Convention is broken on our part, he will not hold to it on his. Pie would act the part of a fool if he did. It is of no consequence to say his opinion is ill-founded or unjust, as it manifestly is in the present case, for whether it is just or unjust, if it is really his opinion, (and we should wrong his sincerity to doubt it,) the consequences are ihe same with respect to us. Men do often. perhaps generally, adhere with greater obsti- nacy to opinions that are ill, than those that are well founded, and avenge imaginary or trifling injuries with greater violence, than those that are real or great. Nay, we may draw an argument for our danger from the very injustice of his complaint. If he has conceived the Convention to be broken on so frivolous a pretence as that his lodging is not quite com- modious, after the just caution inserted by General Gates in the preliminary articles, what have we to expect from him as soon as he shall recover his liberty and the power of doing mis- chief? It shows a disposition to find fault and an impatience under his present confinement, the future effects of which we have the greatest reason to dread. The more I consider this matter, sir, the more it strikes me with its force. General Gates says, upon the subject of accommodation, granted as fwr as circumstances will admit. Was not this proper and necessary? It was very natural to suppose that General Burgoyne, accustomed to the splendor of the British court, and possessed with ideas of his own importance, would be but ill pleased with the best accom- modations that could be obtained for him, and his numerous followers, in one of the frugal States of New England. It was also in the neighborhood of a place not expecting, in the least, the honor of such guests, which had been long the seat of war — which had been exhausted by our army and plundered by theirs. One would have thought that the recollection of the ruin of Oharlestown, the burning of which, if I mistake not, in a letter of his from Boston to England, he calls a glorious light, might have prevented his complaints, even though he had less elbow room than he wished for. But as circumstances stand, by what conduct shall we be able to satisfy hun? When will pretences ever be wanting to one seeking to prove the Convention broken, when it is his inclination or his interest to do so? It has been said, sir, that we ought not to take this declaration of his in so serious a man- ner, that it was written rashly and in the heat of passion, and that he did not mean that we should dread such consequences from it. All this I believe to be strictly true. It probably fell from him in passion, and very unadvisedly. But is he the first person that has rashly betrayed hia own mischievous designs? Or is this a reason for our not availing ourselves of the happy dis- covery? His folly in this instance is our good fortune. He is a man, sir, whom I never saw, though I have been more than once in England; but if I should say I did not know him, aftei having read his lofty and sonorous proclamation and some oth,er productions, I should say what was not true. He is evidently a man, showy, vain, impetuous, and rash. It is reported oi General Gates, from whom I never heard that any other words of boasting or ostentation fell, that be said he knew Burgoyne, and that he could build a wall for him to run his head APPOINTMENT OF PLENIPOTENTIAEIES. 30] against. I do not by any means approve of boasting in genei-al. I thinlt a man should not boast of what he has done, much less of what he only means to do; yet I cannot help snying that this was a most accurate prediction, which, with the event that followed it, plainly points out to us the character of General Burgoyne. Do you think that such a man would not taka the advantage of this pretended breach of the Oonveution on our part, and endeavor to wipe off the reproach of his late ignominious surren- der by some signal or desperate undertaking.* APPOINTMENT OF PLENIPOTENTIARIES. This speech was delivered by Doctor With- erspoon, in the Continental Congress, in the year 1779,* at the time of the debate on the appointment of foreign ministei-s : Mb. Peesipent : — ^I am sorry to observe, that after going through the instructions to be given to our plenipotentiary or plenipotentiaries, we eiiould have so warm a debate, and indeed, seem to be so equally divided upon the ques- tion, whether there should be one, or more, to whom we will intrust the negotiation. As to the practice of European nations, I be- lieve it is so various as not to afford any argu- ment on one side or the other ; we may appoint one or more, — there will be nothing singular or remarkable in it, so as to make our conduct look like ignorance in such matters. I am in- clined to think, however, that negotiations are generally conducted near to their conclusion by one confidential person, though after the more important preliminaries are settled, more may be sometimes appointed to give greater solemnity to the conclusion. We are, there- fore, at liberty to determine ourselves, wholly by the general reason and nature of the thing and our own particular circumstances. As to the first of these, on the side of one person, it may be said, there wiU be more pre- cision, more expedition, more uniformity, and more certainty of agreement with others and consistency with himself. And the person whom we have employed is a man of sound and clear understanding, and has had the ad- vantage of being a long time in Europe, and no doubt has been turning his thoughts, and mak- ing enquiries upon the subject ever since he went there, so that we may suppose him pretty ripely advised. On the other side it may be said, that, if alone, he might be at a loss, and that it would be of advantage to him to have the advice of others. It is even said, that there is a necessity of others better acquainted with parts of the country different from those with which he has been chiefly connected. As to council, that does not strike me much — ^perhaps there is greater safety in one than three, because he is fully responsible, whereas, if a common council io taken, the blame is divided ^nd every one is * See Journals of Congress, 1779. less difficulted to justify his conduct in the issue. Besides, is there no danger to the cause itself from an obstinate division of sentiments in those who are intrusted with the conduct of it? This would expose us, in the opinion of those who observed it, and might, perhaps, give less respect to what each or all of them might say or do. As to the necessity of persons from different parts of the country, it is not easy to conceive what circumstances in a negotiation of this kind, can be peculiar to one part of the country more than another. If it were to make rules for the internal government, taxation, or com- merce of the States, there would be some force in the remark, but when it is only to make peace, for the liberty and protection of all, there seems to be little weight in it. But now let us consider our particular -cir- cumstances. Mention has been made of the difference between Mr. Adams and the Count * The foUowicg resolutions were adopted by Congress, on the 8th of January, 1778: Resolved^ That as many of the cartonch boxes, and seve- ral other articles of military accoutrements, annexed to the persons of the non-commissioned officers and soldiers, in- cluded in the Convention of Saratoga, have not been deliv- ered up, the Convention, on the part of the British army, has not been strictly complied with. Besol/sed^ That the refusal of Lieutenant General Bur- goyne to give descriptive lists of the non-commissioned officers and privates belonging to his army, subsequent to his declaration that the public faith was broke, is considered by Congress in an alarming point of view, since a compliance with the resolution of Congress could only have been preju- dicial to that army, in case of an Infraction of the ConventioD on their part. ReaoVved^ That the charge made by Lieutenant General Burgoyne, in his letter to Major General Gates, of the 14th of November, of a breach of public faith on the part of these States, is not warranted by the just construction of any arti- cle of the Convention of Saratoga ; that it is a strong indica- tion of his intention, and affords just ground of fear that he will avail himself of such pretended breach of the Conven- tion, in order to disengage himself, and the army under him, of the obligation they are under to these United States, and that security which these States have had in his personal honor is hereby destroyed. Resolved, Therefore, That the embarkation of Lieutenant General Burgoyne, and the troops under his command, be suspended till a distinct and explicit ratification of the Con- vention of Saratoga shall be properly notified by the ::ourt of Great Britain to Congress." Journals of Congress, 1778 802 JOHN WITHEKSPOON. de Vergennes. I have given, particular atten- tion to all that was said in his letter upon that bubjeot, and all that has been said by the min- ister of France here, and there was not one hint given that could lead us to think it was their desire or expectation that he should be dismissed or superseded, or even bridled by the addition of others in the commission. We have fully complied with their desire upon this sub- ject in the instructions. There is the greatest reason to think that they are well satisfied upon it. But if we should still go further, and either discharge him, or do what is in substance the same, or might be supposed or conceived by him to be the same, this would be rather an act of too great obsequiousness, and but an ill example for the future conduct of our affairs. What we do now will be often mentioned in after times, and if the like practice prevail, it will discourage public servants from fidelity, and lessen their dignity and firmness. There is also some reason to fear that there may not be the most perfect agreement among them, and if a jealousy in point of affection between them should arise, it might be stiU more fatal than a difference in opinion. You may observe that Doctor Franklin particularly mentions the impropriety of having more ministers than one at one court, and in the same place. We have felt the bad consequences of that already, in more instances than one. Congress were led into such steps as ended in our parting with Mr. Lee, chiefiy by the argument of his being disagreeable to the French court, and though he was, in my opinion, one of the most able, faithful, and active servants we ever had, and certainly one of the most disinterested, he was but barely able to go off with a cold ceremonial adieu, that had very little in it of a grateful sense of his services, or cordial approbation. It is not pleasant to reflect, Mr. President, that so early in the history of this new State, per- sons in public employment should be so prone to entfer into ambitious contentions and push one another into disgrace. I cannot help putting you m mind, upon this subject, of what has just now come to light. You are informed by the French court, in the most authentic manner, and indeed, if I am not mistaken, it is by implication at least in the king's letter, that you had been iU served by the people you employed- there, and cheated both in point of quality and price, and that on this account they intend to give directions on that subject themselves. Now, sir, perhaps it may be news to many members of this body, that these were the very contracts made by Mr. Deane, without the knowledge or consent of Mr. Lee, of which Mr. Lee loudly complained. These were the very servants whose accounts Mr. Lee objected to, and whose conduct he censured. But what did he get by it? Mr. Deane was supported by his venerable old friend, as he called him; Mr. Lee was com- plained of as jealous and troublesome, and dis- agreeal)le to the court of France ; and not only opposed and slighted by many members of this House, but I may say attacked and persecuted in such a manner, that if he had not been sup- ported with a generous frankness by others, might have ended in public infamy. I have just further upon this subject to ob- serve, that you very lately sent a new minister to the French court, Mr. Laurens, a measure much disapproved by many, and it was then foretold it would be a disgraceful thing to Doctor Franklin. Probably he has conceived it in that light, and as he has no desire at all to return home, I am well convinced that this is the true cause of the desire, expressed in his last letter, to resign his commission. Some have mentioned the importance of the matter, and thai the chance is greater against corruption, wheie three are to be taken off, than one. It is very true, that ceteris paribus, as is commonly said, there is a greater chance for one incorruptible person in three than in one ; but there are single persons in whom I would confide as much as in ten. And besides, the thing may be taken the other way ; for there is a greater chance of finding one corruptible person in three than in one; and in a commission of that nature, one traitor is able to do much mis- chief, though the others are perfectly upright. He, being admitted into the secret, may not only disclose measures, but perplex them, let the abil- itieSiOf his colleagues be what they will. I have seen a man in Congress, who, upon the supposi- tion of his being a traitor, I am sure had address enough to draw many into his meaures, — many not contemptible in understanding and sincerely attached to their country's cause. Before I conclude, I would say a little upon our circumstances in another respect. The first appearances we make upon the public stage, are of consequence. It is to be wished, therefore, that the credit of the United States were consulted. If we were sure that our commissioners would be immediately admit- ted to public and co-ordinate session with the other plenipotentiaries, perhaps a commission of three would be august and honorable ; but, if, as I strongly suspect, will be the case, they are not at first publicly admitted at all, but obliged to negotiate through the plenipoten- tiaries of France — if, as is not impossible, even in the settlement of the treaty we are not con- sidered as the formal contracting parties at all, but our interest attended to in articles as it were occasionally introduced — if this is done, as a salvo to the honor of England, and to pur- chase for us advantages substantial and durable, a pompous commission to a number of delegates will rather lessen our dignity and detract from our wisdom and caution. Upon the whole, sir, I am of opinion, that it would be much better to assign to one the commission already given with the instructions which have been cordially agreed upon, and seem to be in every respect agreeable to the desires of the Court of France and the opinion of the king's minister in this country. LOAN-OFFICE CERTIFICATES. SOS LOAN-OFFICE CERTIFICATES. Doctor Witherspoon delivered this speech in Congress, on a motion for paying tlie interest of loan-office certificates.* Me. Peesideht : I must entreat the attention of the House, while I endeavor to state this with as much brevity and perspicuity as I am master of. It is not easy to forbear mention- ing, yet I shall but barely mention, the dis- tressed and unhappy situation of many of the persons concerned in the public loans. I shall also pass by their characters as whigs and friends to the American cause. I shall pass by the services, which many of them have ren- dered in their persons, by their friends, by their purses, and by their prayers. These are affecting considerations, which ought not, and which I am confident will not fail to have their weight with every member of this House. Let us then leave these topics altogether, and let lis confine ourselves to the duty and interest of tiie United States in their present situation, w hen the care of their affairs is committed to us who are here assembled. Public credit is of the utmost moment to a State which expects to support itself at any time ; but it is aU in all in a time of war. The want of it defeats the wisest measures, and renders every department torpid and motion- less. It cannot be denied that by many un- happy, if not unwise measures, public credit among us has been reduced to the lowest ebb ; first, by a monstrous and unheard-of emission of paper money ; next by an act of bankruptcy, reducing it to sixpence in the pound ; then by a table of depreciation. There remained but one thing which preserved us some degree of respectability, that the promises made to lend- ers of money before a certain period, had been kept for three years ; but now, as the last and finishing stroke, this also is broken to pieces and given to the winds. Let not gentlemen cry out as before. Why distinguish these people from other public creditors ? I do not distinguish them by ask- ing payment for them alone ; but I distinguish them because their circumstances and disap- pointment give a new and disgraceful stroke to the credit of the United States. I distin- guish them, because I hope that their sufferings and complaints may induce us to take some step towards the payment of all. Strange it is to the last degree, that this comparison should seem to set gentlemen's minds at ease — ^because great injury has been done to one class, there- fore the same may and ought to be done to another. In this way it would be very easy to rid ourselves of both, and to say. Why all this noise about loan-oflSce certificates ? Have not all • See Journals of CcngrMs ; Wltherspoon's works, vol. 4, the receivers of continental bills suffered as much or more than they, and had the immense sum of two hundred millions sunk in their hands ? If this would be a good answer in one case, it certainly would in the other. Now is it proper or safe in our present situation, to re- fuse all kind of payment to the public creditors in this country, so numerous and so variously circumstanced ? Let us examine it a little. We are now endeavoring to borrow, and have the hope of borrowing money in Europe. Is this the way to succeed ? Is it not possible, is it not highly probable, that our treatment of our creditors here, will soon be known there ? Nay, are not some of, our creditors interested in this very measure, residing there? Must not this repeated insolvency, neglect, and even contempt of public creditors, prevent people from lending us in Europe? I am sorry to say it, but in truth I do believe that it is their ig- norance of our situation and ,past conduct, that alone will make them trust us ; I confess, that if I were at Amsterdam just now, and had plenty of money, I would give what I thought proper to the United States, but would lend them none. It is to be hoped that in time truth and jus- tice will so far prevail, that our posterity will see the necessity of doing their duty ; but at present we seem but little disposed to it. — By making some payment to the public credi- tors immediately, and prosecuting the measures already begun for further security, we should obtain a dignity and weight abroad, that would procure money wherever it could be found. Let us next consider the effect upon our credit at home. It has ever been my opinion, that if our security were good and our credit entire, so that obligations by the public would be turned into money at any time, at par or at little less, we should find no inconsiderable number of lenders. Every thing of this kind proceeds upon such certain principles as never to fail, in any instance, of having their effect. From the general disposition that prevails in this new country, real estate is less esteemed, and money at interest more, that is to say com- paratively speaking, than in the old. Now, whatever success we may have in Europe, I am persuaded we should still need, or at least, be much the better of loans at home, which are in their nature preferable to those abroad, and, therefore, whatever leads utterly to destroy our credit at home, does an essential injury to the public cause. Nay, though there were not any proper loans to be expected or attempted at home, some trusting to public credit would be necessary to make those to whom we are already indebted patient, or at least, silent for some time. To this may be added, that anni- hilating public credit, or rather rendering it contemptible, has an unhappy influence upon 304 JOHN WITHERSPOON'. every particular internal temporary operation. People will not seek your service but fly from it. Hence it is well known that sometimes stores and ammunition, or other necessaries for the army, have stood still upon the road till they were half lost, for want of ready money, or people who would trust you, to carry them forward. We must now go a little further, and say that if this proposition is enforced, it will be a great hinderance to the payment of taxes and raising the supplies which must be called for from the States. I do not insist upon what has already been mentioned, that the payment pro- posed would enable many to pay their taxes, because, though that is certainly true with re- spect to those who shall receive it, and though it is admitted they are pretty numerous, yet in my opin'on it is but a trifle to the other effects of it, both in the positive and negative way. It would give dignity to the public spirit, and animation to the people in general. It would give the people better thoughts of tJieir rulers, and prevent murmuring at public persons and public measures. I need not tell this House how much depends, in a free State, upon having the esteem and attachment of the people. It is but a very general view that peo- ple at a distance can take of the management of men in public trust, but in general it is well known, they are abundantly jealous, and as ready to believe evil as good. I do not speak by guess but from facts, when I tell you that they say, we are now paying prodigious taxes, but what becomes of all the money ? The army, say they, get none of it, being almost two years in arrear. The public creditors say they get none of it, not even interest for their money. This was told me by the county collector of Somerset county. New Jersey, who was not a contentious man, but wished to know what he ought to say to the people. Now this small payment, as it would be very general, would be much talked of, and I am persuaded, for its general good influence, jvould be worth all and more than all the sum we shall bestow. I have heard it said, in some similar cases, you must sometimes throw a little water into a pump in order to bring a great deal out of it. Now, on the other hand, what will be the consequence of a total refusal? You have told the public creditors that you have no money in Europe to draw for. They will very speedily hear of this loan in Holland. They are suffi- ciently exasperated already, this will add to their indignation. They really are already sore, their minds will be rankled more than ever. They are looking, with an evil eye upon some new men coming into play, and thinking them- selves unjustly and ungratefully used. I believe they are not so much without principle, as to turn their backs upon the public cause, but a spirit of faction and general discontent upon such plausible ground, may do it essential in- jury. They may combine to refuse their taxes, and if any such unhappy association should be formed, it would spread, and many, from a blind attachment to their own interests, would pretend to be upon the same footing, though they have no concern in the matter, and if this disposition should become general, it would put an entire stop to all our proceedings. This dis- couraging prospect is not merely founded on conjecture. I have been told that there have already been meetings for entering into concert for refusing to pay taxes. Is it possible we can, in our circumstances, more profitably em- ploy the sum mentioned in the motion, than in giving satisfaction to a deserving body of men, and in preventing evils of so alarming a nature? It is possible, sir, that some are comforting themselves with their own sincerity and good intentions; that they ultimately resolve to pay all honorably ; that they have taken, and are taking measures to prepare for it. A sum of mo- ney is called for on purpose tt) pay the interest of the public debts, and the five per cent, impost is appropriated to the same purpose. But, sir, it will take a considerable time before the most speedy of these measures can bring money into the treasury, and in the mean time the late step of refusing to draw bills, has given such a stroke to loan office certificates that their value is fallen to a very trifle — the spirits of the people are broken — a gentleman told me the other day, "I see the loan office certificates are gone as well as all the rest of the money." The in- evitable consequence will be, that hard and irresistible necessity, or incredulity or ill humor will make them part with them for a mere nothing, and then the greatest part of them, by far, wiU really be in the hands of speculators. When this is notoriously the case, I shall not be at aU surprised to find that somebody will propose a new scale of depreciation, and say to the holders, you shall have them for what they were worth and generally sold at, at such a time. Past experience justifies this expecta- tion, and no declaration we can make to the contrary will be stronger than that of Congress in the year 1779, that they would redeem the money, and that it was a vile and slanderous assertion that they would suffer it to sink in people's hands. I know particular persons also, who, by believing this declaration, lost their aU. Now, if this shall be the case again, public faith will be once more trodden under foot, and the few remaining original holders of certificates will lose them entirely, being taken in connection with those who purchased them at an under value. SPEECH ON THE FINANCES. 306 SPEECH ON THE FINANCES. The following is a portion of a speech deliv- ered in Congress, on the resolutions reported by the superintendent of finance.* Me. Pebsident ; I have little to say against the resolutions, as they stand reported by the superintendent of finance. Perhaps they are unavoidable in the circumstances to which we are reduced. Yet the step seems to be so very important, and the consequences of it so much to be dreaded, that I must entreat the patience of the House, till I state the danger in a few words, and examine whether any thing can possibly be added to it wiiich may in some degree prevent the evils which we apprehend, or at least exculpate Congress and convince the public that it is the effect of absolute neces- sity. Sir, if we enter into these resolves as they stand, it will be a deliberate deviation from an express and absolute stipulation, and therefore it win, as it was expressed by an honorable gentleman the other day, give the last stab to public credit. It will be in vain, in future, to ask the public to believe any promise we shall make, even when the most clear and explicit grounds of confidence are produced. Perhaps it will be said that public credit is already gone; and it has been said that there is no more in this, than in neglecting to pay the in- terest of the loan-office certificates of later date ; but though there were no other difierences be- tween them, this being another and fresher in- stance of the same, will have an additional evil influence upon public credit. But in fact, there is something more in it than in the other. The solemn stipulation of Congress, specifying the manner in which the interest was to be paid, was considered as an additional security, and gave a value to these certificates, which the other never had. I beg that no gentleman may think that I hold it a light matter to withhold the interest from the other lenders ; they will be convinced, I hope, of the contrary, before I have done ; but I have made the comparison merely to show what will be the influence of this measure upon the public mind ; and there- fore upon the credit and estimation of Congress. Now it is plain that the particular promise of giving bills upon Europe, as it had an effect, and was intended to have it in procuring credit, it must, when broken or withdrawn, operate in the most powerful manner to our prejudice. I will give an example of this ; in our melan- choly, past experience. The old continental money was disgraced, and sunk first by the act of March 18th, 1780,t (which the Duke de Vergennes justly called an act of bankruptcy,) * Bee Jonrnals of Congress, 1780-1783. + See Journals of Congress, 1780, vol. 3, page 442 — edition 9nS23. 20 telling you would pay no more of your debt than sixpence in the pound. This was after- wards further improved by new estimates of depreciation, of seventy-five and one hundred and fifty, for new State paper, which itself was sunk to two or three for one, and yet bad as these men's cases were, the disgrace arising from them was more than doubled, by people's referring to and repeating a public declaration of Congress, in which we complained of the in- jurious slanders of those that said we would suffer the money to sink in the hands of the holders, and making the most solemn protesta- tions, that ultimately the money should be re- deemed dollar for dollar; and to my knowledge, some trusting to that very declaration, sold their estates at what they thought a high price, and brought themselves to utter ruin. I cannot help requesting Congress to attend to the state of those persons who held the loan-office certificates' which drew interest on France ; they are all, without exception, the firmest and fastest friends to the cause of America ; they were in general the most firm and active and generous friends. Many of them advanced large sums in hard money, to assist you in carrying on the war in Canada. None of them at all put away even the loan-office certificates on speculation, but either from a generous intention of serving the public, or from an entire confidence in the public credit. There is one circumstance which ought to be attended to, viz : the promise of interest — bills on Europe were not made till the 10th of Sep- tember, 1777. It was said a day or two ago, that those who sent in cash a little before March 1st, 1778, had, by the depreciated state of the money, received almost their principal ; but this makes but a small part of the money, for there were but six months for the people to put in the money, after the promise was made; only the most apparent justice obliged Congress to extend the privilege to those who had put in their money before. Besides nothing can be more unequal and injurious than reckoning the money by the depreciation, either before or af- ter the 1st of March, 1778, for a great part of the money in all the loan-offices was such as had been paid up in its nominal value, in con- sequence of the Tender laws. This points you, sir, to another class of peo- ple, from whom money was taken, viz : widows and orphans, corporations and public bodies. How many guardians were actually led, or in- deed were obliged to put their depreciated and depreciating money in the funds — I speak from good knowledge. The trustees of the College of New Jersey, in June, 1777, directed a commit- tee of theirs to put all the money that should ba paid up to them, in the loan-office, so that they have now nearly invested all. Some put in be fore March, 1778, and a greater part subsequei. 806 JOHN WITHEESPOON. to that date. Kow it muist be known to' every body, that since the payment of the interest bills gave a value to these early loans, many have continued their interest in them, and rest- ed in a manner wholly on them for support. Had they entertained the slightest suspicion that they would be cut off, they could. have sold them for something, and applied themselves to other means of subsistence ; but as the case now stands, you are reducing not an inconsiderable number of your very best friends to absolute beggary. During the whole period, and through the whole system of continental money, your friends have suffered alone — the disaffected and lukewarm have always evaded the burden — have in many instances turned the sufferings of the country to their own account — have tri- umphed over the whigs — and if the whole shall be crowned with this last stroke, it seems but reasonable that they should treat us with insult and derision. And what faith do you expect the public creditors should place in your pro- mise of ever paying them at all? What reason, after what is past, have- they to dread that you will divert the fund which is now mentioped as a distant source of payment ? If a future Con- gress should do this, it would not be one whit worse than what has been already done. I wish, sir, this House would weigh a little the public consequences that will immediately follow this resolution. The grief, disappoint- ment, and sufferings of your best friends have been already mentioned — then prepare your- selves to hear from your enemies the most in- sulting abuse. You will be accused of the most oppressive tyranny, and the grossest fraud. If it be possible to poison the minds of the public by making this body ridiculous or contemptible, they will have the fairest opportunity of doing so that ever was put in their hands; but I must return to our plundered, long ruined friends; we cannot say to what their rage and disap- pointment may bring them, we know that noth- ing on earth is so deeply resentful" as despised or rejected love — whether they may proceed to any violent or disorderly measures it is impos- sible to know. We have an old proverb. That the eyes will break through stone walls, and for my own part I should very much dread the fu- rious and violent efforts of despair. "Would to God that the independence of America was once established by a treaty of peace in Europe, for we know that in all great and fierce political contentions, the effect of power and circum- stances is very great, and that if the tide has run long with great violence one way, if it does not fully reach its purpose and is by any means brought to a stand, it is apt to take a direction and return with the same, or greater vio- lence than it advanced. Must this be risked at a crisis when the people begin to be fatigued with the war; to feel the heavy expense of it by paying taxes, and when the enemy, con- vinced of their folly in their former severities, are doing every thing they can to ingratiate themselves with the public at large. But though our friends should not be induced t« take violent and seditious measures all at once, I am almost certain it will produce a particular hatred and contempt of Congress, the repre- sentative body of the Union, and still a greater hatred of the individuals who compose the body at this time. One thing wUl undoubtedly happen, that it will greatly abate the respect which is due from the public to this body, and therefore, weaken their authority in all other parts of their proceedings. I beg leave to say, sir, that in all probability it win lay the foundation for other greater and more scandalous steps of the same kind. You will say what greater can there be? Look back a little to your history. The first great and deliberate breach of public faith was the act of March eighteenth, 1780, reducing the money to forty for one, which was declaring you would pay your debt at sixpence in the pound. But did it not turn? No! by and by it was set in this State, and others, at seventy-five, and finally set one hundred and fifty for one, in new paper in State paper, which in six months rose to four for one. Now, sir, what will be the case with these certificates? Before this pro- posal was known their fixed price was about half a crown for a dollar, of the estimated de- preciated value ; when this resolution is fairly fixed, they will immediately fall in value, per- haps to a shilling the dollar, probably less. Multitudes of people in despair and absolute necessity, will sell them for next to nothing, and when the holders come at last to apply for their money, I think it highly probable you will give them a scale of depreciation, and tell them, they cost so little that it would be an injury to the public to pay the full value. And in truth, sir, supposing you finally to pay the full value of the certificates to the holders, the original and most meritorious proprietors will, in many, perhaps in most cases, lose the whole. It will be very proper to consider what effect this will have upon foreign nations ; certainly it will set us in a most contemptible light. We are just beginning to appear among the powers of the earth, and it may be said of national, as of private, characters, they soon begin to form, and when disadvantageous ideas are formed, they are not easily altered or destroyed. In the very instance before us, many of these cer- tificates are possessed by the subjects of foreign princes, and indeed are in foreign parts. We must not think that other sovereigns will suffer their subjects to be plundered in so wanton and extravagant a manner. You have on your files letters from the Count de Vergennes, on the subject of your former depreciation, in which he tells you, that whatever liberty you take with your own subjects, you must not think of treating the subjects of France in the same way, and it is not impossible that you may hear upon this subject, what you little expect, when the terms of peace are to be settled. I do not, in the least, doubt that it may be demanded that yon should pay to the full of its nominal value. SPEECH ON THE FINANCES. 307 all the money, as well as loan office certificates, which shall be found in the hands of the sub- jects of France, Spain, or Holland, and it would be perfectly just. I have mentioned France, i&c, but it is not only not impossible, but highly probable, that by accident or danger, or both, many of these loan office certificates may be in the hands of English subjects. Do you think they will not demand payment? Do you think they will make any difference between their being before or after March first, 1 778 ? And will you present them with a scale of depreciation? Eemember the affair of the Canada bills, in the last peace between England and France. I wish we could take example from our enemies. How many fine dissertations have we upon the merit of national truth and honor in Great Britain. Can we think, without blushing, upon our contrary conduct in the matter of finance? By their punctuality in fulfilling their engage- ments as to interest, they have been able to support a load of debt, altogether enormous. Be pleased to observe, sir, that they are not wholly without experience of depreciation: navy debentures and sailors' tickets have been frequently sold at an half, and sometimes even at a third of their value ; by that means they seem to be held by that class of men called, by us, speculators. Did that government ever think of presenting the holders of them, when they came to be paid, with a scale of deprecia- tion? The very idea of it would knock the whole system of public credit to pieces. But the importance of this matter will be felt before the end of the war. We are at this time earnestly soliciting foreign loans. With what face can we expect to have credit in foreign parts, and in future loans, after we have so no- toriously broken every engagement which we have hitherto made ? A disposition to pay, and visible, probable means of payment, are abso- lutely necessary to credit ; and where that is anoe established, it is not difficult to borrow. If it may be a means of turning the attention of Congress to this subject, I beg of them to observe, that if they could but lay down a foundation of credit, they would get money enough to borrow in this country, where we are. There is property enough here ; and, com- paratively speaking, there is a greater number of persons here who would prefer money at interest, to purchasing and holding real estates. The ideas of all old country people are high in favor of real estate. Though the interest of money, even upon the very best security there, is from four to four and a half, four and three quarters and five per centum; yet when any real estate is to be sold, there will be ten purchasers where one only can obtain it, and it will cost so much as not to bring more than two, two and a half, and at most three per centum. It is quite otherwise in this country, and in- deed it ought to be otherwise. To purchase an estate in the cultivated parts of the country, except what a man possesses himself, wiU not be near so profitable as the interest of money ; and in many cases, where it is rented out, it is so wasted and worn by the tenant, that it would be a greater profit at the end of seven years, that the land had been leffi to itself, tc bear woods and bushes that should rot upon the ground, without any rent at all. Anybody also, may see, that it is almost universal in this country, when a man dies leaving infant chil- dren, that the executors sell all his property to turn it into money and put it in securities for easy and equal division. All these things, Mr. President, proceed upon certain and indubitable principles, which never fail of their effect. Therefore you have only to make your payments as soon, as regular, and as profitable as other borrowers, and you wUl get all the money you want; and by a small advantage over others, it will be poured in upon you, so that you shall not need to go to the .enders, for they wiU come to yotL DAVID RAMSAY. This distinguished patriot, physician, and historical writer, was born in Lancaster county, Pennsylvania, on the second day of April, 1749. His father, James Eamsay, a native of Ireland, svho emigrated to America when quite a youth, was a farmer of enterprise^ and respectability. Fully aware of the advantages of a liberal education, he placed his sons under the tuition of English and classical preceptors, and in due course entered them at the OoUege of New Jersey,' from which institution they graduated with honor and literary distinction. William, the eldest, became a respectable divine; Nathaniel studied law, and David, the youngest and the subject of this sketch, directed his attention to the study of medicine. At a very early period in life, he manifested an ardent attachment to books, and Ms rapid progress in the acquirement of knowledge excited the remark and admiration of his family and friends. At six years of age he read the Scriptures with facility, and was peculiarly delighted with the historical portions of them. Before he had attained his twelfth year, he was very pro- ficient in the primary classics, and fuUy qualified for admission to college. But, owing to his extreme youth, his entrance was delayed about a year, during which time he occupied the posi- tion of assistant tutor in an Academy at Carlisle, where he acquitted himself with great credit. Entering the sophomore class of the College at Princeton, and perfecting his course with dili- gence and honor, he graduated in 1765, being then a youth of but sixteen years. From college he went to Maryland, and engaged as a private tutor ; during the hours unappropriated to the instruction of his pupils, devoting himself to general reading and enriching his mind with the stores of useful knowledge. Resolving on the study of medicine, he pursued his object with great perseverance. He commenced his professional studies under the care of the eminent Doctor Bond, in Philadelphia, and there attended the lectures of the College of Pennsylvania. Here he attracted the attention of Doctor Eush, who was at that time the professor of chemistry in the institution, and soon became his cherished friend and companion. Early in 1772, Mr. Eamsay graduated Bachelor of Physic, and immediately entered upon the practice of his profession at the Head of the Bohemia, in Maryland, where he remained about one year ; after which he removed to Charles- ton, South Carolina. In a letter written about this time, Doctor Eush thus speaks of his young friend : — "Dr. Eamsay studied physio regularly with Dr. Bond, attended the hospital, and public lectures of medicine, and afterwards graduated Bachelor of Physic, with great eclat ; it is say- ing but little of him to tell you, that he is far superior to any person we ever graduated at our college ; his abilities are not only good, but great ; his talents and knowledge universal ; I never saw so much strength of memory and imagination united to so fine a judgment. His manners are polished and agreeable — ^his conversation lively, and his behavior, to all men, always without offence. Joined to all these, he is sound in his principles, strict, nay more, severe in his morals, and attached, not by education only, but by principle, to the dissenting interest. He will be an acquisition to your society. He writes — talks — and what is more, lives well. I can promise more for him, in every thing, than I could for myself." — Thus was Doctor Eamsay introduced to the people of Charleston. DAVID RAMSAY. 306 Soon after his settlement in Ms new home, he acquired a great reputation in his profession, and rose to eminence and respect. On the fourth of July, 1778, he was appointed to deliver an anniversary oration before the citizens of Charleston, and in defence of the policy of the colo nists throughout the war, he wrote, spoke, and acted boldly and constantly. Many of the able and humorous fugitive pieces that appeared in the public journals during the war, were written by him. For a short period he was attached to the American army as a surgeon, and was pre- sent at the siege of Savannah, in 1779. After the Declaration of Independence he became an active and leading member of the Legislature of South Carolina, and continued in that assembly until the close of the war. During this time he was taken prisoner by the British, and sent, witi many other citizens of Charleston, to St. Augustine, where he remained in exile for the space of eleven months. On his return to Charleston he resumed his seat in the Legislature, which had adjourned its sessions to Jaoksonburgh. Here he opposed the acts confiscating the estates of those who had adhered to the cause of Great Britain. " Though convinced that the conduct of some of those who came under the operation of those acts, merited the severest pun- ishment, he tenderly commiserated many who he was persuaded acted from the dictates of their consciences. The latter he would have exempted from the penalties of confiscation." ' In February, 1782, Doctor Ramsay was elected to the Continental Congress, in which body he exerted a great influence, especially in procuring relief for the Southern States, at that time suffering severely from the incursions and unopposed ravages of iLe British army. On the declaration of peace he returned to his home, and again commenced the practice of medicine ; but he did not long remain out of public life. In 1785, he was again sent to Congress, aid, owing to the absence of John Hancock, the president of that body, was chosen president pro tempore, and continued for a whole year to discharge the duties of that station with ability, industry, and impartiality. The next year he returned to Charleston and resumed the duties of his profession, in which he continued with increasing reputation until his death. In the character of an author. Doctor Ramsay was most generally known and distingnished. His tastes, learning, and eminent industry peculiarly adapted him for the study of history, and the part he bore in the trials of the Revolution enabled him to record from observation the merits of that struggle. In 1785 his History of the Sevolution in Souths Carolina appeared, " after having been submitted to the perusal of General Greene, who gave his assent to aU the state- ments made therein.'' This work soon became very popular in the United States, it was subsequently translated into French, and excited great admiration and interest in Europe. The same year he commenced a History of the Revolution. His position in the Congress enabled him with great facility to collect the important materials for this work. From Doctor Franklin and Doctor Witherspoon he received great assistance; and also much important information from General Washington, who he visited at Mount Vernon for the purpose of consultation. This work appeared in 1790, and met with the universal approbation of the literary world. In 1801 he published his Life of Washington, and in 1808, his History of South Carolina appeared.* On the death of his wife, in 1811, he published an interesting memorial of her life, containing some of her own literary productions. In addition to these works, he published several interesting medical treatises, and fugitive pieces, all of which evince his characteristic energy and devotion to the welfare of his fellow men.t The most important and ablest work of Dr. Ramsay was not published untQ after his death. This was a series of historical volumes, entitled. Universal History Americanized; or, a Historical View of the World, from the Harliest Records to the Nineteenth Century, with a * This is an extension of an interesting work entitled, A Sketch of the jSoU, (Mmate, Weather OTid Diseases of South Carolma, pubiislied hy Dr. Eamsay in 1796. t These worlcs were — An Oration on the Cession of Zouisiana to the United States, 1804 ; A Remew of the Jmprove- m&nts, Progress, and State ofjifedicme vn the Mghteenth Oentwry, delivered on the first day of the nineteenth century ; A Medical Register for 1802; A Dissertation on the Means of Pres&rBvng Health in Charleston; A Biographical ChO/rt, on a n&w plcm, to facilitate the study of History ; Eulogi/wm on Doctor B-mh, and TAe History of the Irbdep&ri' d&nt or Congregational Church vn Charleston, 'South Car6Wna,fronn its origin till the year 1814. The laat worlc was published in 1815. It contains the celebrated Speech of the Eey. William Tennent, on the Dissenting Petition, in tlw Commons House of Assembly, Charleston, South Carolina, January 11, 1777 310 DAVID RAMSAY. Pa/rticulwr Meference to the State of Society, Literature, Religion, and Form of Oovermment in the United States of America. This work, whicli employed tlie mind of its author "for upward of forty years," was undertaken with a view of reducing all valuable historical facts within a small compass, to form a digest for the use of those whose leisure would not admit of more extensive reading, and to restore to his beloved country the importance to which she wa? entitled. Doctor Eamsay died on the eighth of May, 1815. He fell by the hands of an assassin. A man by the name of William Linnen, a tailor by trade, had been long remarked for singularity of conduct. Having been engaged in some lawsuits, he conceived that he had suffered injustice through the misconduct of his lawyer, the judges, and the jury. To obtain redress for these supposed injuries, he petitioned the Legislature repeatedly, and actually walked the whole way to Washington on foot, to endeavor to procure the impeachment of one of the judges of the supreme court. At last he became desperate, and was heard tp declare, " that as the laws afforded him no protection he meant to protect himself" Soon after this he made an attempt upon the life of his attorney, and wounded him severely. For this offence he was thrown into prison. On being arraigned, it was represented to the court that he was under the iniiuence of mental derangement. Doctor Eamsay and Doctor Benjamin Simons were appointed by the court to examine and report on his case. They concurred in opinion that Linnen was deranged, and that it would be dangerous to let him go at large. He was, therefore, remanded to prison, where he was confined until exhibiting symptoms of returning sanity, he was discharged. He behaved himself peaceably for some time, but was heard to declijie, that he would "kill the doctors who had joined the conspiracy against him." This threat was communicated to Doctor Eamsay, but conscious of having given no cause of offence, he disregarded it. On Saturday, the sixth day of May, Doctor Eamsay was met in Broad street, Charleston, about one o'clock in the afternoon, within sight of his own door, by the wretched maniac, who passed by, and taking a large horseman's pistol out of a handkerchief, in which it was concealed, shot the doctor in the back. The pistol was charged with three bullets ; one passed through the coat without doing any injury, one entered the hip and passed out at the groin, and the third entered the back near the kidneys, and lodged in the intestines. After being carried home, surrounded by a throng of anxious citizens, and calling their attention to what he was about to utter, ha said, " I know not if these wounds be mortal. I am not afraid to die, but should that be my fate, I call on all here present to bear witness that I consider the unfortunate perpetrator of this deed a lunatic, and free from guilt." He lingered two days and then "slept in peace."* THE ADVANTAGES OF AMERICAN INDEPENDENCE. This oration was delivered before a public assembly of the inhabitants of Charleston, in South Carolina, on the fourth of July, 1778. Subsequently it was published, dedicated to Governor Christopher Gadsden, "who fearless of danger, undaunted by opposition, uninflu- enced by the hope of reward, in the worst of times, has stood among the foremost, an early, active, zealous, disinterested champion in the * In the preparation of this Bkctch the editor has relied •ntirely on the eloquent and affectionate memorial of Doctor Bamsay, by Robert T. Hayne, published in the Analectio Magazine for September, 1815. cause of American Liberty and Independ- ence."* Feibnds and Fellow-Citizens: Impressed with the deepest sense of my insufficiency, I rise to address you with peculiar diffidence. When I consider the knowledge and eloquence necessary to display the glorious prospects which independence opens to this continent, I am stung with a degree of self-reproach for undertaking the important task. But your known attachment to the cause of America, * Dr. Eamsay states in the dedication, that this oratioq was originally drawn up at the request of Christopher Gad*, den. — See biographical note at page 118. THE ADVANTAGES OF AMERICAN INDEPENDENCE. 8U encourages me to hope, that you -will receive with indulgence, a well-intended exertion to promote her welfare ; and emboldens me to cast myself on that candor, which looks with kind- ness on the feeblest efforts of an honest mind. We are now celebrating the anniversary of our emancipation from BiHtish tyranny; an event that will constitute an illustrious era in tiie history of the world, and which promises an extension of all those blessings to our country, for which we would choose to live, or dare to die. Our present form of government is every way preferable to the royal one we have lately renounced. It is much more favorable to pu- rity of morals, and better calculated to promote all our important interests. Honesty, plain- dualing, and simple manners, were never made the patterns of courtly behavior. A rtificial man- ners always prevail in kingly governments ; and royal courts are reservoirs, from whence insin- cerity, hypocrisy, dissimulation, pi-ide, luxury, and extravagance, deluge and overwhelm the body of the people. On the other hand, repub- lics are favorable to truth, sincerity, frugality, industry, and simplicity of manners. Equality, the life and soul of commonwealths, outs off all pretensions to preferment, but those which arise from extraordinary merit : Whereas in royal governments, he that can best please his superiors, by the low acts of fawning and adu- lation, is most likely to obtain favor. It was the interest of Great Britain to en- courage our dissipation and extravagance, for the twofold purpose of increasing the sale of her manufactures, and of perpetuating our sub- ordination. In vain we sought to check the growth of luxury, by sumptuary laws : Every wholesome restraint of this kind was sure to meet with the royal negative, while the whole force of example was employed to induce us to copy the dissipated manners of the country from which we sprung. If, therefore, we had continued dependent, our frugality, industry, and simplicity of manners, would have been lost in an imitation of British extravagance, idleness, and false refinements. How much more happy is our present sit- uation, when necessity, co-operating with the love of our country, compels us to adopt both public and private economy? Many are now industriously clothing themselves and their families in sober homespun, who, had we re- mained dependent, would have been spending their time in idleness, and strutting in the costly robes of British gayety. The arts and sciences, which languished un- der the low prospects of subjection, will now raise their drooping heads, and spread far and wide, till they have reached the remotest parts rf this untutored continent. It is the happiness of our present constitution, that all offices lie open to men of merit, of whatever rank or condition ; and that even the reins of state may be held by the son of the poorest man, if pos- sessed of abilities equal to the important sta- tion. We are no more to look up for the bles- sings of government to hungry courtiers, or the needy dependents of British nobility ; but must educate.our own children for these exalt- ed purposes. When subjects, we had scarce any other share in government, but to obey the arbitrary mandates of a British parliament. But honor, with her dazzling pomp, interest with her golden lure, and patriotism, with her heartfelt satisfaction, jointly call upon us now to qualify ourselves and posterity for the bench the army, the navy, the learned professions, and all the departments of civil government. The independence of our country holds forth such generous encouragement to youth, as can- not fail of making many of them despise the siren calls of luxury and mirth, and pursu* heaven-born wisdom with- unwearied applica tion. A few years will now produce a much greater number of men of learning and abili- ties, than we cot.'d have expected for ages in our boyish state oi" minority, guided by thn leading-strings of a parent country. How trifling the objects of deliberation that came before our former legislative assemblies, compared with the great and important mat- ters, on which they must now decide ! They might then, with the leave of the king, his governors and councils, make laws about yok- ing hogs, branding cattle, or making rice : but they are now called n])on to determine on peace and war, treaties and negotiations with foreign states, and other subjects interesting to the peace, liberty, sovereignty, and independ- ence, of a wide extended empire. No wondei that so little attention has been paid to learn- ing; for ignorance was better than knowledge, while our abject and humiliating condition so effectually tended to crush the exertions of the human mind, and to extinguish a generous ar- dor for literary pre-eminence. The times in which we live, and the govern- ments we have lately adopted, all conspire to fan the sparks of genius in every breast, and kindle them into flame. When, like children, we were under the guardianship of a foreign power, our limited attention was naturally en- grossed by agriculture, or directed to the low pursuit of wealth. In this State, the powers of the soul, benumbed with ease and indolence, sunk us into sloth and effeminacy. Hardships, dangers, and proper opportunities, give scope to active virtues, and rouse the mind to such vig- orous exertions, as command the admiration of an applauding world. Rome, when she filled the earth with the terror of her arms, some- times called her generals from the plough. In like manner, the great want of proper persons to fill high stations, has drawn from obscurity many illustrious characters, which will dazzle the world with the splendor of their names. The necessities of our country require the ut- most exertions of all our powers; from wliieli vigorous, united efforts, m.ich more improve- ment of the human mind is to be expected, than if we had remained in a torpid state of dependence. 812 DAVID RAMSAY. Eloquence is the child of a free state. In this form of government, as public measures are determined by a majority of votes, argu- ments enforced by the arts of persuasion, must evermore be crowned with success. The rising patriot, therefore, who wishes the happiness (if his country, will cultivate the art of public speaking. In royal governments, where the w ill of one or a few has the direction of public measures, the orator may harangue, but most probably will reap prosecution and imprison- ment, as the fruit of his labor: "Whereas, in our present happy system, the poorest school- boy may prosecute his studies with increasing ardor, from the prospect, that in a few years, he may, by his improved abilities, direct the determinations of public bodies, on subjects of the most stupendous consequence. Thus might I go through the whole circle of the arts and sciences, and show that, while we remained British subjects, cramped and re- strained by the limited views of dependence, each one of them would dwindle and decay, compared with the perfection and glory in which they will bloom and flourish, under the enlivening sunshine of freedom and independ- ence. I appeal to the experience of all, whether they do not feel an elevation of soul, growing out of the emancipation of their country, while they recollect that they are no longer subject to lawless will, but possess the powers of self- government, and are called upon to bear an active part in supporting and perpetuating the sovereignty of the United States ; and in or- ganizing them in such a manner, as will pro- duce the greatest portion of political happiness to the present and future generations. In this elevation of soul, consists true genius, which is cramped by kingly government, and can only flourish in free states. The attention of thousands is now called forth from their ordinary employments, to sub- jects connected with the sovereignty and hap- piness of a great continent. As no one can tell to what extent the human mind may be culti- vated, so no one can foresee what great events may be brought into existence, by the exertions of so many minds expanded by close attention to subjects of such vast importance. The royal society was founded immediately after the termination of the civil wars in Eng- land. In like manner, may we not hope, as soon as this contest is ended, that the exalted spirits of our politicians and warriors will en- gage in the enlargement of public happiness, by cultivating the arts of peace, and promoting useful knowledge, with an ardor equal to that which first roused them to bleed in the cause of liberty and their country? Their genius, sharpened by their present glorious exertions, will naturally seek for a continuance of suitable employment. Having, with well tried swords and prudent counsels, secured liberty and in- dependence for themselves and posterity, their great souls will stoop to nothing less than con- certing wise schemes of civil polity and hap- piness — ^instructing the world in useful arts — and extending the empire of science. I foresee societies formed of our heroes and statesmen, released from their present cares ; some of which will teach mankind to plough, sow, plant, build, and improve the rough face of nature ; while others critically examine the various produc- tions of the animal, vegetable, and mineral kingdoms, and teach their countrymen to " look through nature up to nature's God." Little has been hitherto done towards completing the natural history of America, or for the improve- ment of agriculture, and the peaceful arts of civil life; but who will be surprised at this, who considers that during the long past night of 150 years, our minds were depressed, and our activity benumbed by the low prospects of subjection ? Futu.-e diligence will convince the candid world, that past inattention was the effect of our dependent form of government. Every circumstance concurs to make it pro- bable, that the arts and sciences will be culti- vated, extended, and improved, in independent America. They require a fresh soil, and always flourish most in new countries. A large vol- ume of the book of nature, yet unread, is open before us, and invites our attentive perusal. Many useful plants, unknown to the most in- dustrious botanist, waste their virtues in our desert air. Various parts of our country, hith- erto untrod by the foot of any chemist, abound with difierent minerals. We stand on the shoulders of our predecessors, with respect to the arts that depend on experiment and obser- vation. The face of our country, intersected by rivers, or covered by woods and swamps, gives ample scope for the improvement of me- chanics, mathematics, and natural philosophy. Our free governments are the proper nurseries of rhetoric, criticism, and the arts, which are founded on the philosophy of the human mind. In monarchies, an extreme degree of politeness disguises the simplicity of nature, and "sets the looks at variance with the thoughts ; " in republics, mankind appear as they really are, without any false coloring. In these govern- ments, therefore, attentive observers have an opportunity of knowing aU the avenues to the heart, and of thoroughly understanding human nature. The great inferiority of the moderns to the ancients in fine writing, is to be referred to this veil oast over mankind by the artificial refinements of modern monarchies. From the operation of similar causes, it is hoped, that the free governments of America will produce poets, orators, critics and historians, equal to the most celebrated of the ancient commonwealths of Greece and Italy. Large empires are less favorable to true phi- losophy, than small, independent states. The authority of a great author is apt, in the former case, to extinguish a free inquiry, and to give currency to falsehood unexamined. The doc- trines of Confucius were believed all over Chi- na, and the philosophy of Descartes, in France- THE ADVANTAGES OF AMERICAN INDEPENDENCE. 31S but neighboring nations, examining them with- out partiality or prepossession, exploded them both. For the same reason, our separate States, jealous of the literary reputation of each other, and uninfluenced by any partial bias, will criti- cally pry into the merit of every new opinion and system, and naught but truth will stand the test, and finally prevail. In monarchies, favor is the source of prefer- ment; but, in our new forms of government, no one can command the suffrages of the peo- ple, unless by his superior merit and capacity. The weight of each State, in the continental scale, will ever be proportioned to the abilities of its representatives in Congress. Hence, an emulation will take place, each contending with the other, which shall produce the most accom- plished statesmen. From the joint influence of all these combined causes. It may strongly be presumed, that literature will flourish in Amer- ica, and that our independence will be an illus- trious epoch, remarkable for the spreading and improvement of science. A zeal for promoting learning, unknown in the days of our subjection, has already begun to overspx-ead these United States. In the last session of our Assembly, three societies were incorporated for the laudable purpose of erect- ing seminaries of education. Nor is the noble spirit confined to us alone ; even now, amidst the tumults of war, literary institutions are forming all over the continent, which must light up such a blaze of knowledge as cannot fail to burn, and catch, and spread, until it has finally illuminated, with the rays of science, the most distant retreats of ignorance and barbarity. Our change of government smiles upon our commerce with an aspect peculiarly benign and favorable. In a few years we may expect to see the colors of France, Spain, Holland, Prus- sia, Portugal, and those of every other maritime power, waving on our coasts, whilst Americans unfurl the thirteen stripes in the remotest har- bors of the world. Our different climates and soils produce a great variety of useful commod- ities. The sea washes our coast along an ex- tensive tract of two thousand miles, and no country abounds in a greater plenty of the materials for ship-building, or has a better pros- pect of a respectable navy. Our stately oaks, the greater part of which would probably have withered in their native spots, had we remained subjects, will now be converted into ships of war, to ride triumphant on the ocean, and to carry American thunder around the world. Whole forests will be transformed into vessels of commerce, enriching this independent con- tinent with the produce of every clime and every soil. The wealth of Europe, Asia, and Africa, will flow in upon America; our trade will no longer be confined by the selfish regu- lations of an avaricious step-dame, but follow wherever interest leads the way. Our great object, as a trading people, should be to pro- cure the best prices for our commodities, and foreign articles at the most reasonable rates. But all this was cruelly reversed by acts of the British Parliament, regulating our trade in a subserviency to their own emolument, our in- terest being entirely out of the question. It requires but a moment's recollection to con- vince us, that as we now have a free trade with all the world, we shall obtain a more generous price for our produce, and foreign goods on easier terms than we ever could while we were subject to a British monopoly.* The boasted act of navigation was not intended for our ad- vantage, nor for the advantage of the whole empire, but was a glaring monument of the all- grasping nature of unlimited power. To enu- merate all the ungenerous restrictions imposed by the British government on American com- merce, would be an outrage on patience. Time only will unfold the whole of this mystery of iniquity. A few years' experience will show si-.''h an amazing difference between the fettered trade of the British colonies, and the extensive * That British merchants ^ave us a low price for our com- modities, appears from this single consideration— tbey made money'by exporting them from England. If they found it proiitable to export tobacco, rice, indigo, &c., from Britain, it must bo in consequence of their allowing the American colonists less for those articles than they would have brought in European markets. In this manner, much of our produce was sold to the consumers, loaded with double freight, insur- ance, and commissions, over and above the additional ex- pense of unloading and reloading in Great Britain. The industrious American planter received no more for his pro* duce than the pittance the British merchant, after reserving his own profit, was pleased to allow on the sale thereof, brought to market charged with this unuecessary expense. The distance from America to those places of Europe which consumed our staples, is generally less than to the Bntish ports. From all which premises, it appears undeniably evi- dent, that American commodities, carried directly to the countries where they are consumed, will produce much more clear profit to the planter, than when they arrived there by the circuitous way of Great Britain. The same reasoning holds good with respect to many arti- cles imported from England, which were not of its own growth or manufacture ; for they would come much cheaper from the countries where they were made, than they ever could, while we were obliged to receive them through the hands of British merchants, loaded with double freight, in- surance, commissions, and sometimes with duties. If inter- est had not silenced the voice of justice. Great Britain, while she obliged us to buy at her market, would have considered herself as bound to supply our wants as cheap as they could be supplied elsewhere. But instead of this, she not only fixed exorbitant prices on articles of her own production but refused us the liberty of buying from foreigners those ai-ticles which her own markets did not afford, and had also begun the fatal policy of super-adding additional duties. What a scene of oppression does this open to us ? A great part of the price for which our commodities sold in Europe was lodged in British cofi"ers ; and we were obliged to buy manufactures of her production, at prices of her own fixing, and were restrained from buying even those articles which she could not raise, where they could be got cheapest Be- sides, as we durst not buy from any others, they had it in their power to fix any advance on the first cost that their avarice prescribed, and our necessities would permit. — Au- thor of the OraUon. 3U DAVID EAMSAY. commerce of the free, independent States of America, as will cause us to stand amazed that we so long and so patiently submitted to so many and such cruel restrictions. In one word, so long as we remained dependent, the com- merce of this great continent would have been sacrificed to the interest of a selfish European island. Carolina had particular reason to wish for the free trade of independence.* The whole island of Great Britain did not annually con- sume more than five thousand barrels of her staple commodity, rice, and yet it was an enu- merated article. The charge on unloading, reloading, and shifting every cask, owing to this enumeration, was immense, though it served no other purpose, but to procure jobs for British coopers and wharfingers. So little regard was had to our interest, while depend- ent, that this enumeration was obtained by the instigation of a Captain Cole. Several vessels coming from England before him, and purchas- ing rice for Portugal, prevented the aforesaid captain of a loading; he returned, and in re- sentment said, caiTying rice to Portugal was a prejudice to the trade of England, and on this single instance, so ill-founded and supported, rice became an enumerated artiole.t How could our trade flourish, or our produce bring its full value, while restricted by a legislature so re- gardless of our interest, that a petty captain, to secure himself a cargo, could prevent our staple from being sent directly to a foreign market? Union with Great Britain confined us to the consumption of her manufactures, and re- strained us from supplying our wants by the improvement of those articles which the bounty of Heaven had bestowed on our country. So numerous were the inhabitants of some prov- inces, that they could not aU find employment in cultivating the earth, and yet a single hat, manufactured in one colony, and exported for sale to another, forfeited both vessel and cargo. The same penalties were inflicted for transport- ing wool from one to another. Acts of Parlia- ment have been made to prohibit the erection of slitting mills in America. Thus did British tyranny exert her power to make us a needy and dependent people, obliged to go to her market, and to buy at her prices, and all this at a time when, by her exclusive trade, she fixed her own prices on our commodities. How widely different is our present situation! The glorious fourth of July, MDOOLXXVI, re- * Tho tobacco colonies were also great losers by the Brit- ish monopoly of trade. The duties on their staple, amounted to more than half the first cost Tobacco, exported from Britain, sold in European markets for more than double the sum the American planter received for it. If it should be- come a ciistom in the United States to celebrate the anni- versiwy of independence with an annual oration, it is hoped that some citizen of Virginia or Maryland, will place the eelfish restrictions on the exportation of this valuable com- modity, in a proper light. — Aiiil^Uir o/iTie Oration, t Gee on Trade, page 31. pealed all these cruel restrictions, and holds forth generous prices, and public premiums, for our encouragement in the erection of all kinds of manufactures. We are the first people in the world whd have had it in their power to choose their own form of government. Constitutions were forced on all other nations by the will of their con- querors, or they were formed by accident, ca- price, or the overbearing infiuence of prevailing parties or particular persons. But, happily for us, the bands of British government were dis- solved at a time when no rank above that of freemen existed among us, and when we were in a capacity to choose for ourselves among the various forms of government, and to adopt that which best suited our country and people. Our deliberations on this occasion, were not directed by the overgrown authority of a con- quering genera], or the ambition of an aspiring nobility, but by the pole star of public good, inducing us to prefer those forms that would most effectually secure the greatest portion of political happiness to the greatest number of people. We had the example of all ages for our instruction, and many among us were well acquainted with the causes of prosperity and misery in other governments. In times of public tranquillity, the mighty have been too apt to encroach on the rights of the many; but it is the great happiness of America, that her independent constitutions were agreed upon by common consent, at a time when her leading men needed the utmost support of the multitude, and therefore could have no other object in view, but the formation of such constitutions as would best suit the peo- ple at large, and unite them most heartily in repelling common dangers. As the strength of a people consists in their numbers, our separate States, sensible of their weakness, were actually excited by self-interest to form such free governments, as would en- courage the greatest influx of inhabitants. In this manner an emulation has virtually taken place in all the thirteen States, each contend- ing with the others, who should form the freest constitution. Thus independence has been the fruitful parent of governments formed on equal principles, more favorable to the liberty and happiness of the governed, than any that have yet been recorded in the annals of history. While we were dependent on Britain oui freedom was out of the question ; for what is a free state but one that is governed by its own will ? What shadow of liberty then could we possess, when the single NO of a king, three thousand miles distant, was sufiicient to repeal any of our laws, however useful and salutary, and when we were to be bound, in all cases whatsoever, by men in whose election we had no vote, who had an interest opposed to ours, and over whom we had no control ? The wit of man could not possibly devise any mode that would unite the freedom of America with Britain's claim of unlimited supremacy. We THE ADVANTAGES OF AMEBIC AN INDEPENDENCE. 318 were therefore reduced to the alternative of liberty and independence, or slavery and union. We wisely chose to cut the Gordian knot, which tied old Britain to the new, and to assume our independent station among the empires of the world. Britain, had she honestly intended it, was incapable of governing us for the great purposes of government. Our great distance, and other local circumstances, made it impossi- ble for her to be sufficiently acquainted with our situation and wants: But, admitting it was in her power, we had no reason to expect that she would hold the reins of government for any other end, but her own advantage. Human nature is too selfish, too ambitious, for us to expect, that one country wiU govern another, for any but interested purposes. To obtain the salutary ends of govei-nment, we must blend the interests of the people and their rulers ; or else the former will infallibly be sacrificed to the latter. Hence, the absurdity of our expect- ing security, liberty, and safety, while we were subjects of a state a thousand leagues distant. Connection with Britain involved us in all her quarrels ; and such is the fiuctuating state of her politics, that we could not long expect a political calm. In vain did the Atlantic ocean interpose ; for, by our unnatural union, we were necessarily dragged into every war, which her pride or ambition might occasion. Besides, as she considered the colonies as her property, what was to hinder her from ceding any or all of them to the different European states ? Thus, while we had no independent government of our own, we might have been the sport of va- rious contending powers, and tossed about, like a football, from one to the other. Our independence will naturally tend to fill our country with inhabitants. Where life, lib- erty, and property, are well secured, and where land is easily and cheaply obtained, the natural increase of people will much exceed all Euro- pean calculations. Add to this, the inhabitants of the old world, becoming acquainted with our excellent forms of government, will emi- grate by thousands. In their native lands, the hard-earned fruits of uninterrupted labor are scarcely equal to a scanty supply of their natu- ral wants, and this pittance is held on a very precarious tenure : while our soil may be cheap- ly purchased, and will abundantly repay the toU of the husbandman, whose property no ra- pacious landlord dare invade. Happy America ! whose extent of territory, westward, is sufla- oient to accommodate with land thousands and millions of the virtuous peasants, who now groan beneath tyranny and oppression in three quarters of the globe. Who would remain in Eurppe, a dependant on the will of an imperi- ous landlord, when a few years industry can make him an independant American freeholder ? Siich will be the fruits of oar glorious revo- ution, that in a little time gay fields, adorned with the yellow robes of ripening harvest, will smile in the remotest depths of our western frontiers, where impassable forests now frown over the uncultivated earth. The face of our interior country will be changed from a barren wilderness into the hospitable abodes of peace and plenty. Cities too will rise majestic to the view, on those very spots which are now howled over by savage beasts and more savage men. The population of this country has been heretofore very rapid ; but it is worthy of ob- servation, that this has varied, more or less, in proportion to the degrees of liberty that were granted to the different provinces by their respeol'Tve charters. Pennsylvania and New England, though inferior in soil, being blest originally with the most free forms of govern- ment, have outstripped others in the relative increase of their inhabitants. Hence, I infer, that as we are aU now completely free and in- dependent, we shall populate much faster than we ever have done, or ever would, while we were controlled by the jealous policy of an in- significant island. We possess thousands and millions of acres, which we may sell out to new settlers, on terms very easy to them, and yet sufficient to defray the whole expense of the present war. When the quitrents, formerly paid to the king, shall be appropriated to the benefit of the independ- ent States, they will fill our treasuries to so great a degree, that foreign nations, knowing that we abound in the sinews of war, will be afraid to provoke us. In a few years, when our finances are properly arranged, the stop- page of those sums which were formerly drain- ed from us, to support the pride and extrava- gance of the British king, will be an ample provision, without taxes, for defraying the ex- pense of our independent governments. It is difficult to compute the number of ad- vantages arising from our present glorious strug- gle; harder still, perhaps impossible, precise- ly to ascertain their extent. It has attracted the attention of all Europe to the nature of civil liberty, and the rights of the people. Our con- stitutions, pregnant with the seeds of liberty and happiness, have been translated into a va- riety of languages, and spread far and wide. Who can tell what great events, now concealed in the womb of time, may be brought into ex- istence by the nations of the old world emu- lating our successful efforts in the cause of lib- erty? The thrones of tyranny and despotism will totter, when their subjects shall learn and know, by our example, that the happiness of the people is the end and object of aU gov- ernment. The wondering world has beheld the smiles of Heaven on the numerous sons ot America, resolving to die or be free: Perhaps this noble example, like a wide-spreading con- flagration, may catch from breast to breast, and extend from nation to nation, till tyranny and oppression are utterly extirpated from the face of the earth.* * Britain will eventually lose less by our independence than is commonly supposed. The ting and ministers may be cured of their lust of domination, and will be deprived oi 816 DAVID EAMSAT. The tyrants and landlords of the old world, who hold a great part of their fellow-men in bondage, because of their dependence for land, will be obliged to relax of their arbitrary treat- ment, when they find that America is an asy- lum for freemen from all quarters of the globe. They will be cautious of adding to the oppres- sions of their poor subjects and tenants, lest they should force them to abandon their coun- try, for the enjoyment of the sweets of Ameri- can liberty. In this view of the matter, I am confident that the cause of Amei'ica is the cause of human nature, and that it will extend its in- fluence to thousands who will never see it, and procure them a mitigation of the cruelties and oppressions imposed by their arbitrary task- masters. If such be the glorious consequences of inde- pendence, who can be so lost to every generous sentiment, as to wish to return under royal do- mination 1 Who would not rather count it an honor to stand among the foremost, in doing and suffering in a cause so intimately connected with the happiness of human nature ? Away with all the peevish complaints of the hardness 01 the times, and the weight of the taxes. The prize for which we contend, would be cheaply purchased with double the expense of blood, treasure, and difficulty, it wiU ever cost us. Our independent constitutions, formed on the justest principles, promise fair to give the most perfect protection to life, liberty, and property, equally to the poor and the rich. As at the conflagration of Corinth, the various melted metals running together, formed a new one, called Corinthian brass, which was superior to any of its component parts : in like manner, perhaps, it is the wiU of Heaven, that a new empire should be here formed, of the difierent nations of the old world, which will rise supe- rior to all that have gone before it, and extend human happiness to its utmost possible limits. None can tell to what perfection the arts of government may be brought. May we not therefore expect great things from the patriots of this generation, jointly co-operating to make the new-born Republic of America as complete as possible ? Is it not to be hoped, that human nature will here receive her most finished touches ? That the arts and sciences will be extended and improved ? That religion, learn- ing, and liberty, will be diffused over this con- influence and the means of corruption. While she had a monopoly of our trade, it encouraged idleness and extrava- gance in her manufacturers ; because they were sure of a market for their goods, though dear and ill-made. But, as independence will hestow our commerce on those who most deserve it, this will be the means of introducing frugality and industry among her laboring poor. Our population will be so much the more rapid for our free governments, that, In my humble opinion, that part of our trade which will fall to the share of Great Britain, if she has the wisdom to con- clude a speedy peace, will be more to her advantage than a monopoly of the whole of it, if we had remained subjects. — A/athor of the Oration. tinent? and in short, that the American edi- tions of the human mind will be more perfect than any that have yet appeared ? Great things have been achieved in the infancy of states; and the ardor of a new people, rising to empire and renown, with prospects that tend to elevate the human soul, encourages these flattering ex- pectations. Should any puny politician object, that all these prospects are visionary, till we are certain of independence, I reply, that we have been in possession of it for two years, and are d^ily more able to support it, and our enemies less able to overset it. "When we first dared to con- tend with Britain, we were a loose, disjointed people, under no other government but that of a well regulated mob. If, in these circumstan- ces, ,we were able to defend ourselves, what may we not expect, when we can draw forth our whole strength, in a regular constitutional man- ner ? If the maiden courage of our new levies has successfully withstood the well-trained hands of our enemies, can we distrust, when three campaigns have made them equal in dis- cipline with those with whom they are to con- tend? Such is the situation of Britain, that were we only able to keep up the appearance of an army, she could not afford to protract the war. But instead of this our troops are more numerous, better disciplined, clothed, and armed, than they ever were. The most timid may dismiss all their doubts, since Louis XVI. of France, that illustrious protector of the rights of human nature, with a magnanimity worthy of himself, has guaranteed to us our independence. If Britain could not subdue America, when she stood single and alone, how abortive must all her attempts prove, when we are aided by the power of the greatest European monarch ? The special interposition of Providence in our behalf, makes it impious to disbelieve the final establishment of our heaven-protected in- dependence. Can any one seriously review the beginning, progress, and present state of the war, and not see indisputable evidence of an overruling influence on the minds of men, pre- paring the way for the accomplishment of this great event? As all the tops of com, in a waving field, are inclined in one direction by a gust of wind, in like manner the Governor of the World has given one and the same universal bent of in- clination to the whole body of our people. Is it a work of man, that thirteen States, frequent- ly quarrelling about boundaries, clashing in in- terests, differing in policy, manners, customs, forms of government, and religion ; scattered over an extensive continent, under the influ- ence of a variety of local prejudices, jealousies and aversions, should all harmoniously agree, as if one mighty mind inspired the whole ? Our enemies seemed confident of the impossi- bility of our union ; our friends doubted it ; and all indifferent persons, who judged of things present by what has heretofore happened, con- sidered the expectation thereof as romantic. THE ADVANTAGES OF AMEEIOAN INDEPENDENCE. 317 but He, who sitteth at the helm of the universe, and who boweth the hearts of a whole nation as the heart of one man, for the accomplish- ment of his own purposes, has effected that, which to human wisdom and foresight seemed impossible. A review of the history of Ame- rica, from its first discovery to the, present day, forces upon us a belief, that greater bless- ings are reserved for this continent, than she ever could have possessed whilst lying low at the foot of a European island. It has never yet been fairly tried how far the equal principles of republican government would secure the happiness of the governed. The ancients, unacquainted with the present mode of taking the sense of the people by repre- sentatives, were too apt, in their public meet- ings, to run into disorder and confusion. The distinction of patricians emi pleteians, laid the foundation of perpetual discord in the Roman commonwealth. If the free states of Greece had been under the control of a common super- intending power, similar to our continental Congress,* they could have peaceably decided their disputes, and probably would have pre- served their freedom and importance to the present day. Happily for us, warned by ex- perience, we have guarded against all these evils. No artificial distinction of ranks has been suflfered to take place among us. We can peaceably convene a State in one small assem- bly of deputies, representing the whole in an equal proportion. All disputes between the different States, and all continental concerns, are to be managed by a Congress of represen- tatives from each. What a security for liberty, for union, for every species of political happi- ness! Small states are weak, and incapable of defo-uoe; large ones are unwieldy, greatly * Their council of Amphictyones in some tilings resem- bled our Congress; but their powers were too limited. This suggests a hint, that a confederation of the United States, on principles that vest the Congress with ample powers, is most likely to perpetuate our republican governments and internal tranquillity. The union of independent common- wealths, under one common head, is an application of the social compact to states, and requires powers proportlonably enlarged. Treason, in our governments, puts on a new as- pect, and may be committed by a State as well as an indi- vidual ; and therefore ought to be clearly defined, and care- fully guarded against. To give permanency to our confederation on republican principles, the following regulations seem expedient: That Congress should have a power to limit or divide large States, and to erect new ones : To dispose of the money arising from quitrents and vacant lands, at least till all the expenses of the war are sunk : To establish a general intercourse be- tween the States, by assigning to each, one or more man- ufactories, with which it should furnish the rest; bo as to create a reciprocal dependence of each upon the whole : To erect a great continental university, where gentlemen from all the States may form an acquaintance, receive the finish- ing touches of education, and be inspired with continental liberality of mind, superior to local prejudices, and favorable to a confederate'! union. — Author of the Oration. abridge natural liberty, and their general law^ from a variety of clashing interests, must fre- quently bear hard on many individuals: But our confederation will give us the strength and protection of a power equal to that of the greatest ; at the same time, that, in all our in- ternal concerns, we have the freedom of small, independent commonwealths. We are in pos- session af constitutions that contain in them the excellencies of all forms of government, free from the inconveniences of each ; and in one word, we bid fair to be the happiest and freest people in the world for ages yet to come. When I anticipate in imagination the future glory of my country, and the illustrious figure it will soon make on the theatre of the world, my heart distends with generous pride for be- ing an American. What a substratum for empire ! compared with which, the foundation of the Macedonian, the Roman, and the British, sink into insignificance. Some of our large States have territory superior to the island of Great Britain, whilst the whole together are little inferior to Europe itself Our independ- ence will people this extent of country with freemen, and will stimulate the innumerable inhabitants thereof, by every motive, to per- fect the acts of government, and to extend hu- man happiness. I congratulate you on our glorious prospects. Having for three long years weathered the storms of adversity, we are at length arrived in view of the calm haven of peace and secu- rity. We have laid the foundations of a new empire, which promises to enlarge itself to vast dimensions," and to give happiness to a great continent. It is now our turn to figure on the face of the earth, and in the annals of the world. The arts and sciences are planted among ns, and, fostered by the auspicious influence of equal governments, are growing up to matu- rity, while truth and freedom flourish by their sides. ^ Liberty, both civil and religious, in her noontide blaze, shines forth with unclouded lustre on all ranks and denominations of men. Ever since the flood, true religion, literature, arts, empire and riches, have taken a slow and gradual course from east to west, and are now about fixing their long and favorite abode in this new western world. Our sun of political happiness is already risen, and hath lifted its head over the monntains, illuminating our hem- isphere with liberty, light, and polished hfe. Our independence will redeem one quarter of the globe from tyranny and oppression, and consecrate it to the chosen seat of truth, jus- tice, freedom, learning and rehgion. We are laying the foundation of happiness for count- less millions. Generations yet unborn will bless us for the blood-bought inheritance we are about to bequeath them. Oh happy times! Oh glorious days I Oh kind, indulgent, bounti- ful Providence, that we live in this highly fa- vored period, and have the honor of helping forward these great events, and of suffering in a cause of such infinite importance ! B18 DAVID KAMSAY. LOUISIANA.' Within the limits of the ceded territory, we know of more than twenty independent tribes of Indiana. As long as powerful nations of Europe had access to these untutored savages, the peace of our frontier settlements was ex- posed to a variety of contingencies. In the two last wars in which this country was involved with France and England, the blood of our in- habitants shed by savage hands flowed in a thousand streams. In every period of Ameri- can history, the nations of Europe, regardless of morality and religion, have always availed themselves of the aborigines in destroying each other, and also the colonies of rival nations. In gaining the affections of the savages' the French were pre-eminent. Figure to your- selves what would have been the situation of our frontier settlements on the western waters, in case of a war with France, while her emis- saries had the numerous tribes of Indians in Louisiana firmly attached to her interests, and ready when called upon to make war upon our dispersed and defenceless inhabitants. These Indians are now all our own — included within our limits, and so far dependent on us, that no other nation can interfere with them. The cession of Louisiana has wrested the scalping knife and tomahawk from their hands, and laid the foundations of perpetual peace, by giving us every desirable opportunity for intro- ducing among them the blessings of civil and social life. They are now thrown on our hu- manity and generosity. Mysterious Providence ! "We, the people of the IJnited States, who, less than thirty years * This extract is taken iroin Doctor Bamsay^a Oration on the cession of Louisiana to the United States. ago, were the subjects of the British king, arc now the independent proprietors of this soil ; and that portion of it which we originally pos- sessed, is more than doubled by a recent ces- sion of territory, in which are numerous tribes of Indians, whose ancestors owned this whole country from time immemorial, before any one of ours had set his foot on American ground. Trusting in the virtue of my countrymen, and warranted by the present and past exertions of our rulers, I am confident that these hapless natives will have no cause to regret, but abun- dant reason to rejoice in the change which has taken place. The voice of every good man should be rais- ed in favor of our red brethren. The common Father of them, and of us, calls upon us to im- part to them the superior blessings which we enjoy. The competition of rival nations, bid- ding against each other for their friendship, is now no more. "We have the whole field to our- selves, and a glorious field it Is : in which we may, and I trust will, sow the seeds of knowl- edge, of virtue, of useful arts, of civilization, and religion : and that these will grow up and flourish, till they yield a plentiful harvest of human happiness. To transform savage war- riors to peaceful farmers — to convert their tom- ahawks and scalping-knives into ploughshares and pruning-hooks — to turn them from the worship of evil spirits, to the worship of the true God — firom the absurd rites of Pagan idola- try to the mild principles and practical virtues of Christianity, is a godlike work. For the execution of it, the extension of our boundaries gives us facilities we never had before, and which, I trust, wUl be improved for the best of purposes. <^ TO-^y y the m\abitants, Wih May, 1770. The original draft of this report in the autograph of Mr. Quincy, exists among his papers. — Qm/ncy''s Ijife oj ^wmcj/. JOSIAH QUINOY, JR. in the subsequent pages of this volume. The soldiers were acquitted, and the trial terminated in a manner honorable to the character of the American people. Mr. Quincy continued actively engaged in the duties of his profession during the years 1771 aud 1772, at the same time employing his pen in the cause of his countrymen. All his essays breathe that bold, ardent, and vehement spirit which was so characteristic of his life and actions : all intended to expose the character and design of the British ministry and their agents. These duties, added to the arduous labors of his profession, worked with serious effect upon the con- stitution of Mr. Quincy, and through the advice of his friends and according with the opinion of his physician, he relinquished all cares except those which were incident to Ms health. In Feb- ruary, 1773, he sailed for South Carolina, where he arrived on the last day of that month. In the record of this journey, he gives many interesting incidents relating to the manners, appear- ance, political and social condition of the southern colonists at that period.* Among other cir- cumstances, he thus mentions a visit to the Commons House of Assembly, in session during his Bojourn at Charleston : " Spent all the morning in hearing the debates of the House ; had an opportunity of hearing the best speakers in the province. " The first thing done at the meeting of the House, is to bring the mace, a very superb and elegant one, which cost ninety guineas, and lay it on the table before the speaker. The next thing is for the clerk to read over, in a very audible voice, the doings of the preceding day. The speaker is robed in black, and has a very large wig of State, when he goes to attend the chair (with the mace borne before him) on the delivery of speeches, &c. T. Lynch, Esq., spoke like a man of sense and a patriot; with dignity, fire, and laconism. Mr. Gadsden t was plain, blunt, hot, and incorrect, though very sensible. In the course of the debate, he used three very singular expressions for a member of parliament : ' And, Mr. Speaker, if the governor and council don't see fit to fall in with us, I say, let the general duty, law, and all go to the devil, sir, and we go about our business.' Parsons, J. Eutledge, and Ohas. Pinckney, Sen., (the three first lawyers in the province) spoke on the occasion ; the two last, very good speakers. The members of the House all sit with their hats on, and uncover when they rise to speak. They are not confined (at least they do not confine themselves) to any one place to speak in. The members conversed, lolled, and chatted much like a friendly jovial society when nothing of im- portance was before the House ; nay, once or twice, while the speaker and clerk were busy in writing, the members spoke quite loud across the room to one another — a very unparliamen- tary appearance. The speaker put the question sitting ; the members gave their votes by rising from their seats ; the dissentients did not rise." Mr. Quincy returned to Boston during the summer of 1773, and resumed his political publi- cations. Among others, he published his ablest pamphlet, Observations on the Act of Parlia- ment, commonly called the '■'■Boston Fort Hill," with Thoughts on Civil Society and Standing Armies. This ^ork drew upon him the literary vengeance of the ministerial writers, and he was threatened with harm unless he would change his course of conduct. To an anonymous writer who warned him, through the columns of the Massachusetts Gazette, to desist from the part he was taking in the cause of the patriots, he replied, "The danger and the wrongs of my country are to me equally apparent.' In aU my public exertions, I feel a sense of right and duty, that not only satisfies my conscience, but inspires my zeal. * * * Threats of impend- ing danger, communicated by persons who conceal their name and character, ought never to deter from the path of duty, but exciting contempt rather than fear, they will determine a man of spirit to proceed with new vigor and energy, in his public conduct. My place of abode is well known, and I am easily found." On the twenty-eighth of September, 1774, Mr. Quincy sailed from Salem for England, where he arrived on the eighth of November. His correspondence with the distinguished patriots of America at that period, is replete with the highest patriotism and self-denial. His letter to Joseph Eeed, of Philadelphia, of December 17, 1774, is an everlasting evidence of his heroic * The Journal of this journey is published entire in the interesting memoir of Joslah Qulnoy, Jr, written by his son t Christopher Gadsden, see page 118. S34 JOSIAH QUINOY, JR. vii'tues. After reverting to the condition of American affairs in England, lie concludes thus : "Let our countrymen well consider how much a British ministry, as well as themselves, have at stake. No arms, no arts, no plots, or conspiracies, will be thought unlawful weapons. Let them look all around them and be on their guard at every point. The blessing of the wise and the prayers of the pious, universally attend you; even throughout this nation. "My dear sir, before I close I cannot forbear telling you that I look to my countrymen with the feelings of one, who verily believes they must yet seal their faith and constancy to their liberties, with blood. This is a distressing witness indeed! But hath not this ever been the lot of humanity? Hath not blood and treasure, in aU ages, been the price of civil liberty? Can Americans hope a reversal of the laws of our nature, and that the best of blessings wiU be obtained and secured without the sharpest trials? Adieu, my friend, my heart is with you, and whenever, my countrymen command, my person shall be also." Having decided to return to America, Mr. Quincy left England on the sixteenth of March, 177S. His health had been gradually failing since he left his home, and on the twenty-sixth of April, within sight of that beloved country which he was not permitted to reach, neither supported by the kindness of friendship, nor cheered bv the voice of affection, he expired.* AN APPEAL This production was written by Mr. Quinoy, and published in the Boston Gazette, of the third of October, 1768, under the signature of " Hyperion." t "The aggregated judgment of the common people," says an eminent writer, " discerns most truly the errors of government, for as much as they are the first to be sure to smart under them. In this only they come to be short- sighted; that though they know the diseases, they understand not the remedies, and though good patients they are ill physicians." What are the present sentiments of the inhab- itants of North America? Discern they not most truly, and smart they not most severely under the errors of government? The disease is known and felt; but where is the remedy, — where is the physician? For the people to ask counsel is deemed treasonable ; to assemble themselves to consult, is denominated rebellion. Thus would some potentates terrify mankind with a few sounding technical expressions. It has been found, in all ages, difiiovLA to persuade men, by the most refined court-chicane, out of their reason; and tyrants have ever found it impossible to argue, soothe, or frighten, the common people out of their feelings. It is truly strange to hear the arguments, and see the pa- rade of some at this day. One would, from their conduct, be induced to imagine they thought it the most likely way of dispiriting the people, to render their case irremediable. * The life of .Tosiah Quincy, jr., was written by hia son, »nd published in 1826. To this work the editor is Indebted for the materials of the present sketch. + 8ec the Life of Josiah Quincy, jr., page 18. Certainly such politicians have little studied the volume of nature. A nation not as yet entirely enervated by luxury, not wholly depressed by slavery, when reduced to despair, are invincible to a proverb. After what has been said and wrote, on both sides of the Atlantic, upon colony affairs ; after the most perspicuous demonstration of the ille- gality and ill-policy of the measures pursued against this continent, it would be an affront to the understanding to attempt setting the mat- ter in a clearer point of view. The meanest capacity must perceive, the remotest peasant in the wilds of America must feel, the conse- quences. British taxation, suspensions of legislatures, and standing armies, are but some of the clouds which overshadow the Northern world. Hea- ven grant that a grand constellation of virtues may shine forth with redoubled lustre and en- lighten this gloomy hemisphere! If ever there was a time, this is the hour, for Americans to rouse themselves and exert evei'y ability. Their all is at a hazard, and the die of fate spins doubtful! In vain do we talk of magnanimity and heroism; in vain do we trace a descent from the worthies of the earth, if we inherit not the sph-it of our ancestors. Who is he, who boasteth of his patriotism? Has ho vanquished luxury, and subdued the worldly pride of his heart? Is he not yet drinking tho poisonous draught and rolHng the sweet morsel under his tongue? He, who cannot conquer the little vanity of his heart, and deny the deli caoy of a debauched palate, let him lay his hand upon his mouth, and his mouth in the dust. Now is the time for this people to summon eveiy aid, human and divine; *o exhibit every AN APPEAL. 835 moral virtue, and call forth every Christian grace. The wisdom of the serpent, the inno- cence of the dove, and the intrepidity of the lion, with the blessing of God, will yet save us from the jaws of destruction. "Where is the boasted liberty of Englishmen, if property may be disposed of, charters sus- pended, assemblies dissolved, and every valued right annihilated, at the uncontrollable will of an external power? Does not every man, who feels one ethereal spark yet glowing in his bosom, iind his indignation Kindle at the bare imagination of such wrongs? What would be our sentiments were this imagination real- ized? Did the blood of the ancient Britons swell our veins, did the spirit of our forefathers in- habit our breasts, should we hesitate a moment in preferring death to a miserable existence in bondage? 'Did we reiiect on their toils, their dangers, their fiery trials, the thought would inspire unconquerable courage. Who has the front to ask, wherefore do you complain ? Who dares assert every thing worth living for is not lost when a nation is enslaved ? Are not pensioners, stipendiaries, and salary men (unknown before), hourly multiplying on us, to riot in the spoils of miserable America ? Does not every eastern gale waft us some new insect, even of that devouring kind, which eat up every green thing ? Is not the bread taken out of the children's mouths, and given unto the dogs ? Are not our estates .given to cor- rupt sycophants, without a design, or even a pretence of soliciting our assent, and our lives put into the hands of those whose tender mer- cies are cruelties ? Has not an authority in a distant land, in the mo.st public manner, pro- claimed a right of disposing of the all of Ameri- cans ? In short, what have we to lose — what have we to fear ? Are not our distresses more than we can bear ; and to finish all, are not our cities, in a time of profound peace, filled with standing armies, to preclude us from that last solace of the wretched — to open their mouths in complaint, and send forth their. cries in bit- terness of heart ? But is there no ray of hope ? Is not Great Britain inhabited by the children of those re- nowned barons who waded through seas of crimson gore to establish their liberty ; and will they not allow us, their fellow-men, to en- joy that freedom which we claim from nature, which is confirmed by our constitution, and which they pretend so highly to value? Were a tyrant to conquer us, the chains of slavery, vv.'ien opposition should become useless, might be supportable ; but to be shackled by English- men, — by our equals, — is not to be borne ! By the sweat of our brow, we earn the little we possess : from nature we derive the common rights of mim — and by charter we claim the liberties of Britons 1 Shall we, dare we, pusil- lanimously surrender our birthright? Is the obligation to our fathers discharged — is the debt we owe posterity paid ? Answer me, thou coward, who hidest thyself in the hour of trial. If there is no reward in this life, no prize of glory in the next, capable of animating thy dastard soul : think and tremble, thou mis- creant, at the whips and stripes thy master shall lash thee with on earth — and the flames and scorpions thy second master shall torment thee with hereafter ! Oh, my countrymen ! what will our children say, when they read the history of these times, should they find we tamely gave away, withou* one noble struggle, the most invaluable of earthly blessings? As they drag the galling chain, will they not execrate us ? If we have any respect for things sacred ; any regard to the dearest treasure on earth — if we have one tender sentiment for posterity ; if we would not be despised by the whole world — let us, in the most open, solemn manner, and with deter- mined fortitude, swear we will die, if we cannot live freemen ! Be not luUed, my countrymen, with vain im- aginations, or idle fancies. To hope for the protection of heaven, without doing our duty, and exerting ourselves as becomes men, is to mock the Deity. Wherefore had man his rea- son, if it were not to direct him ? Wherefore his strength, if it be not his protection ? To banish folly and luxury, correct vice and im- morality, and stand immovable in the freedom in whioli we are free indeed, is eminently the duty of each individual, at this day. When this is done, we may rationally hope for an an- swer to our prayers ; for the whole counsel of God, and the invinoii)le armor of the Almighty. However righteous our cause, we cannot, in this period of the world, expect a miraculous salvation. Heaven will undoubtedly assist us, if we act like men ; but to expect protection from above, while we are enervated by luxury, and slothful in the exertion of those abilities with which we are endued, is an expectation vain and foolish. With the smiles of Heaven, virtue, unanimity, and firmness, will ensure success. While we have equity, justice and God on our side, tyranny, sjiritual or temporal, shall never ride triumphant m a land inhabited by Englishmen. 83G JOSIAH QTJINOY, JR. SPEECH IN DEFENCE OF THE SOLDIERS. Mr. Quincy was associated with John Adams as counsel for the defence, at the trial of Wil- liam Weems, James Hartigan, and others, sol- diers in his Majesty's twenty-ninth regiment, for the murder of Orispus Attucks, Samuel Gray, and others, on Monday evening, the fifth of March, 1770.* The following is his speech, taken from a report of the trial puhlished in Boston, in 1770. Mat it please toue Honoes, and toc, Gen- tlemen OF THE JuET : — The prisoners at the bar, stand indicted for the murder of five of his Majesty's liege subjects, as set forth in the several indictments which have been read to you: the persons slain, these indictments set forth, as " being in the peace of God, and our lord the King," at the time of the mortal wounds given. To these indictments, the prisoners have severally pleaded not guilty ; and for their trial have put themselves on God and their country ; which country you are. And by their pleas, thus severally pleaded, they are to stand or fall, by the evidence which shall respectively apply to them. By their plea of not guilty, they throw the burden of proof, as to the fact of killing, upon the Crown : but, upon which being proved, the matters they allege to justify, excuse, or ex- tenuate, must be adduced by them and sup- ported by legal evidence. The truth of the facts they may thus allege, is your sole and un- doubted province to determine ; but upon a supposition that those facts shall appear to your satisfaction in the manner we allege, the grand question then to be determined, will be — whether such matters so proved, do in law ex- tenuate, excuse, or justify. The decision of this question belongs to another department, namely the court. This is law so well known and acknowledged, that I shall not now detain you by a recital of authorities, but only refer to Judge Foster's Crown Law, where this point is treated with precision, and fixed beyond controversy. It may not be amiss, however, to assure you, that as certain as the cognizance of facts is M'ithin your jurisdiction, as certain does the law resulting from these facts, in cases of the present, kind, seem to reside solely in the court : unless cases, where juries, under the direction of the court, give general verdicts, may be denominated exceptions. I take it, that, in the cause now before us, it will not be contested that five persons were un- fortunately killed, at the time the indictments charge ; and this case will naturally enough * See John Adams's speech in the same cause, at page 235 ; al.so notes at pages 60, an.'. 236, ante. divide itself into three main divisions of er quiry. 1. Whether any homicide was committed? 2. By whom was it committed ? 3. Is there any thing appearing in evidence which will justify, excuse, or extenuate such homicide, by reducing it to that species of ofl'ence, called manslaughter ? Before we enter upon these inquiries, permit me, gentlemen, to remind you of the importance of this trial, as it relates to the prisoners. It is for their lives ! If we consider the number of persons now on trial, joined with many other circumstances which might be mentioned, it is by far the most important, this country ever saw. Remember the ties you are under to the prisoners, and even to yourselves. The eyet of all are upon you. Patience in hearing this cause, is an essential requisite ; candor and caution are no less essential. It is tedious and painful to attend so lengthy a trial ; but re- member the time which has been taken up by the Crown in the opening. By every bond of humanity and Justice, we claim an equal indul- gence; nay, it is of high importance to your country that nothing should appear on this trial, to impeach our justice or stain our hu- manity. And here let me remind you of a notion, which has certainly been too prevalent, and guard you against its baneful influence. An opinion has been entertained by many among us, that the life of a soldier was of very little value ; of much less value than others of the community. The law, gentlemen, knows no such distinction ; — the life of a soldier is view- ed by the equal eye of the law, as estimable as the life of any other citizen. I cannot any other way account for what I mention, but by supposing that the indigence and poverty of a soldier, — the toils of his life, — the severity of discipline to which he is expos- ed, — the precarious tenure by which he is gen- erally thought to hold his life, in the summary decisions of a court martial, have conspired to propagate a sentiment of this kind : but a little attention to the human heart will dissipate this notion. The soldier takes his choice, like all others, of his course of life ; — ^he has an equal right with you or me so to do. It is best we should not all think alike. Habit makes all things agreeable. What at first was irksome, soon becomes pleasing. But does experience teach that misery begets in general an hatred of life ? By no means ; we all reluct at death, we long for one short space more — we grasp, with anx- ious solicitude even after a wretched existence. God and nature has implanted this love of life. Expel, therefore, from your breasts an opinion so unwarrantable by any law, human or divine ; SPEECH IN DEFENCE OF THE 80LDIEES. 387 let not any thing so injurious to the prisoners, who value life as much as you; let not any thing so repugnant to all justice, have an influ- ence on this trial. The reputation of the coun- try depends much on your conduct, gentlemen, and, may I not add, justice calls aloud for can- dor in hearing, and impartiality in deciding this cause, which has perhaps too much en- grossed our affections, — and I speak for one, too much excited our passions. The law by which the prisoners are to be tried, is a law of mercy, — a law applying to us all, — a law. Judge Blaokstone will tell us, " founded in principles that are permanent, uni- form, and universal, always conformable to the I feelings of humanity, and the indelible rights ' of mankind."* How ought we all, who are to bear a part in this day, to aim at a strict adherence to the principles of this law, — how ought we all to aim at utterly eradicating every undue bias of the judgment, — a bias subversive of all justice and humanity. Another opinion equally foreign to truth and law, has been adopted by many. It has been thought that no possible case could happen, in which a soldier could fire, without the aid of a civil magistrate. This is a great mistake, — a very unhappy mistake in- deed ! One, I am afraid, that had its influence on the fatal night, which we all lament. The law, as to the present point, puts the citizen and soldier under equal restraint. What will justify and mitigate the action of the onej will do the same to the other. Let us bear this in- variably in mind, in examining the evidence. But before we proceed to this examination, let us take a transient view of some occurrences preceding and subsequent to the melancholy fifth of March. About some five or six years ago, it is well known, certain measures were adopted by the British Parliament which gave a general alarm to this continent. Measures were alternately taken in Great Britain, that awakened jealousy, resentment, fortitude and vigilance. Affairs continued long fluctuating. A sentiment uni- i versally prevailed, that our dearest rights were I invaded. It is not our business here to inquire touching these delicate points. These are con- cernments, which, however nteresting or im- portant in themselves, we must keep far away from us, when in a court of law. It poisons justice, when politics tinctures its current. I need not inform you, how the tide rose, as we are advancing towards the present times. The general attention became more and more roused — people became more alike in opin- ion and practice. A vast majority thought all that was dear was at stake — sentiments of lib- erty — property — ignominious bondage — all conspire to increase the ferment. At this pe- riod the troops land. Let us here pause and view the citizen and soldier. * Bee. 4, 18, cap. 8. 22 Tlie causes of grievance being thus spread far and wide, the inhabitants viewed the sol- diery as called in, foreign from their prime in- stitution, to force obedience to acts, which were in general deemed subversive of natural as well as constitutional freedom. With regard to the universal prevalence of ideas of this kind, it does not fall within our present plan, to give you direct, positive evidence. It would be too foreign to the present issue, though pertinent enough, when considered as a clue to springs and motives of action, and as an additional aid to form a just judgment in our present enquiry. You, gentlemen, who come from the body of the county, are presumed to know these facts, if they are true ; nay, their notoriety must be such, provided I am not mistaken in my con- jecture, that the justice of my observation on this matter must be certainly confirmed by your own experience. I presume not in this or any other matter of fact, to prescribe to you; iJf these sentiments are wrong, they ought to have no influence ; if right, they ought certainly to have their due weight. I say, gentlemen, and I appeal to you for the truth of what I say, that many on this conti- nent viewed their chains as already forged; they saw fetters as prepared, they beheld the soldiers as fastening and riveting for ages, the shackles of their bondage. With the justness of these apprehensions, you and I have nothing to do in this place, disquisitions of this sort are for the Senate and the Chamber of Council ; they are for statesmen and politicians, who take a latitude in thoughts and actions; but we, gentlemen, are confined in our excursions by the rigid rules of law. Upon the real, actual existence of these apprehensions in the com- munity, we may judge — they are facts, falling properly within our cognizance — and hitherto may we go, but not further. It is my duty, and I ought to impress it on your minds and you, gentlemen, ought to retain the impression. You are to determine on the facts coming to your knowledge, — you are to think, judge, and act as jurymen, and not as statesmen. Matters being thus circumstanced, what might be expected ? No room was left for cordiality and friendship. Discontent was seated on al- most every brow. Instead of that hospitality, that the soldier thought himself entitled to, scorn, contempt, and silent murmurs were his reception. Almost every countenance lowered with a discontented gloom, and scarce an eye but Hashed indignant fire. Turn and contemplate the camp. Do we find a more favorable appearance ? The soldier had his feelings, his sentiments, and his characteristic passions also. The con- stitution of our government has provided a stimulus for his affections. The pride of con- scious virtue, the sense of valor, the point of honor. The law had taught him to think favorably of himself; had taught him to consider him- self as peculiarly appointed for the safeguard 588 JOSIAH QUINOY, JE. and defence of his country.* He had heard that he put not off the citizen, when he entered the camp ; but because he was a citizen and wished to continue so, he made himself for a while a soldier. How stinging was it to be stigmatized as the instrument of tyranny and oppression? How exasperating to be viewed as aiding to enthrall his country ? He felt his heart glow with an ardor which he took for a love of liberty and his country, and had formed to himself no de- sign fatal to its privileges. He recollected, no doubt, that he had heretofore exposed himself for its service. He had bared his bosom in de- fence of his native soil, and as yet felt the smart of wounds received in conflict for his king and country. Could that spirit which had braved the shafts of foreign battle brook the keener wounds of civil contest? The arrows which now pierced him, pierced as deep, and rankled more, than those of former times. Is it rational to imagine much harmony could long exist? We must take human nature as we find it, and not vainly imagine that all things are to become new at such a crisis. There is an order of men in every common- wealth who never reason, but always act from feeling. That their rights and liberties were filched away, one after another, they had often been told. They had been taught by those whom they believed, that the axe was now laid to the root of the tree and one more stroke completed its fall. It was in vain to expect to silence or subdue these emotions by reasons, Boothings, or dangers. A belief, that nothing could be worse than the calamities which seemed inevitable, had extended itself on all sides, and arguments drawn from such sources had little influence. Each day gave rise to new occurrences, which increased ani- mosities. Heart-burnings, heats, and bicker- ings became more and more extensive. Eecip- rocal insults soured the temper, mutual injuries embittered the passions. Can we wonder that, when every thing tended to some important action, the period so soon arrived ? Will not our wonder be increased to find the crisis no sooner taking place, when so many circumstances united to hasten its ap- proach ? To use an illusion somewhat homely, may we not wonder that the acid and the alcali did not sooner ferment ? A thought here imperceptibly forces itself on o'lr minds, and we are led to be astonished that persons so discordant in opinion, so opposite in views, attachments and connections, should be stationed together. But here, gentlemen, we must stop. If we pursue this inquiry at this time, and in this place, we shall be in danger of doing great injustice. We shall get beyond our limits. The right of quartering troops in I this province must be discussed at a different tribunal. The constitutional legality, the pro- priety, the expediency of their appointment are questions of State, not to be determined, noi oven agitated by us in this court. It is enough for us if the law takes notice of them when thus stationed ; if it warrants their continuance ; if it protects them in their quarters. They were sent here by that authority which our laws know ; they were quartered here, as I take it, | agreeable to an act of the British Parliament; I they were ordered here by your sovereign, and mine. I expect, hereafter, to be more particu- lar on this head. Let me here take a method very common with another order of men. Let me remind you of what is not your duty. Gentlemen, great pains have been taken by different men, with very different views, to in- volve the character, the conduct, and reputation of the town of Boston in the present issue. Boston, and its inhabitants, have no more to do with this cause than you or any other mem- bers of the community. Ton are, therefore, by no means to blend two things, so essentially different as the guUt or innocence of this town, and the prisoners, together. The inhabitants of Boston, by no rules of law, justice, or com- mon sense, can be supposed answerable for the unjustifiable conduct of a few individuals, hastily assembled in the streets. Every populous city, in like circumstances, would be liable to similar commotions, if not worse. No rational or honest man will form any worse opinion of this metropo- lis, for the transactions of that melancholy night. Who can, who will, unnecessarily interest them- selves to justify the rude behavior of a mixed and ungovernable multitude? May I not appeal to you, and all who have heard this trial, thus far, that things already wear a different aspect from what we have been heretofore taught to expect? Had any one told you some weeks ago, that the evidence on the crown side would have appeared in its present light, would you have believed it ? Can any one think it his duty to espouse the part acted by those assem- bled in King street? I think not ; but lest my opinion should not have any weight, let me re- mind you of an author, whom I trust and wish in the hands of all of you. One whom I trust you will credit. I am sure you ought to love and revere him. I wish his sentiments were engraven in indelible characters on your heart. Tou will not suspect him of being unfriendly to liberty, if this cause and its event must, at aU hazards, be held as interwoven with a mat- ter so foreign to it. I allude to the third letter of the Farmer of Pennsylvania,* to his country- men. "The cause of liberty," says that great and good writer, "is a cause of too much dig- nity, to be sullied by turbulence and tumult. It ought to be maintained in a manner suitable to her nature. Those who engage in it should breathe a sedate, yet fervent spirit, — animating them to actions of prudence, justice, modesty, bravery, humanity, and magnanimity." What has then transpired on this trial, savor- * "Bee Blacfcstone's Commentarios, vol. 1, p. 407. * John DickinsoD, Bee pa^e 273 SPEECH IN DEFENCE OF THE SOLDIERS. 339 ing of any these virtues ? Was it justice, or humanity to attack, insult, ridicule, and abuse a single sentinel on his post? Was it either modest, brave, or magnanimous to rush upon the points of fixed bayonets, and trifle, vapor, and provoke at the very mouths of loaded mus- kets? It may be brutal rage or wanton rash- ness, but not surely any true magnanimity. "I hope," says the same eminent writer, " my dear countrymen, that you will, in every colony, be upon your guard against those who, at any time, endeavor to stir you up under pre- tences of patriotism, to any measures, disrespect- ful to your sovereign, and our mother country." By this, it should seem as though the Farmer never expected any period would arrive, when such measures would be warrantable. Now, what more disrespectful to our parent country, than to treat with contempt a body of men stationed, most certainly, by the consent of her supreme legislative, the Parliament of Britain? What more disrespectful of our common sove- reign than to assume the sword of justice, and become the avengers of either public or private wrongs? Though the soldiers, who appeared in the earlier part of the evening in Cornhill, acted like barbarians and savages, they had now retired and were confined in their bar- racks; what though an impertinent boy had received unjustifiable correction from the sen- tinel, the boy and the persons in Cornhill must have recourse only to the law for their redress. Courts of law are styled " vindioes injuriarum," the avengers of injuries, and none others are to ' assume this prerogative. The law erects itself las the supreme dernier resort in all complaints J of wrongs ; and nothing could more essentially sap our most important interests than any countenance to such dangerous encroachments on the domains of municipal justice. But, finally, to finish with the justly celebra- ted Farmer — "hot, rash, disorderly proceedings injure the reputation of a people as to wisdom, valor, and virtue, without procuring the least benefit." Thus have you the sense of this great authority with us. And let me ask all those who have thought the cause of their country connected with the agents of the assembly in King street, whether the proceedings of that unhappy night were hot, rash, or disorderly? If they were, have they not, in the opinion of this great friend of liberty, injured our reputa- tion as to wisdom, valor, and virtue, and that too, without procuring the least benefit? Who then would sacrifice his judgment and his integ- rity to vindicate such proceedings ? To what purposes the soldiers were sent ; whether it was a step warranted by sojmd policy or not, we shall not inquire ; we are to consider the troops not as the instruments for wresting our rights, but as fellow-citizens, who being to be tried by a law, extending to every individual, claim a part in its benefits, its pri- j vileges, its mercy. We must steel ourselves f against passions, which contaminate the foun- * tains of justice. We ought to recollect that our present decisions will be scanned perhaps through all Europe. We must not forget that we ourselves will have a reflective hour — an hour, in which we shall view things through a diflferent medium — when the pulse will no lon- ger beat with the tumults of the day — when the conscious pang of having betrayed truth, justice, and integrity, shall bite like a serpent and sting like an adder. Considei-, gentlemen, the danger which you and all of us are in, of being led away by our affections and attachments. We have seen the blood of our fellow men flowing in the streets. We have been told that this blood was wrong- fully shed. That is now the point in issue. But let it be borne deep upon our minds, that the prisoners are to be condemned by the evi- dence here in court produced against them, and by nothing else. Matters heard or seen abroad are to have no weight : in general they under- mine the pillars of justice and truth. It has been our misfortune, that a system of evidence has appeared in the world against us. It is not our business to blame any one for this. It is our misfortune, I say. It should be remem- bered that we were not present to cross-exam- ine : and the danger which results from having this publication in the hands of those who are to pass upon our lives, ought to be guarded against. We say we are innocent by our plea, and are not to be denounced guilty upon a new species of evidence unknown in the English system of criminal law. But as though a series of ex parte evidence was not enough, all the colors of the canvas have been touched in order to freshen the wounds, and by a transport of imagination, we are made present at the scene of action. The prints exhibited in our houses have added wings to fancy, and in the fervor of our zeal, reason is in hazard of being lost. For, as was elegantly expressed by a learned gentleman at the late trial, "The passions of man, nay, his very im- aginations are contagious." The pomp of fu- neral, the horrors of death, have been so de- lineated, as to give a spring to our ideas, and inspire a glow incompatible with sound, delib- erative judgment. In this situation every pas- sion has alternately been predominant. They have, each in its turn, subsided in degree, and they have sometimes given place to despon- dence, grief, and sorrow. How careful should we be that we do not mistake the impressions of gloom and melancholy for the dictates of reason and truth. How careful, lest borne away by a torrent of passion, we make ship- wreck of conscience. Perhaps you may be told, gentlemen, as I remember it was said at the late trial, that passions were like the flux and reflux of the sea — ^the highest tides always producing the lowest ebbs. But let it be noticed that the tide in our political ocean has yet never turned; certainly the current has never set towards the opposite quarter. However similes may illus- trate, they never go for proof Though I be- B40 JOSIAH QUINCY, JR. lieve tliat it -will be found, that if the tide of resentment has not risen of late, it has been jecause it has reached the summit. In the same mode of phraseology, if so homely an ex- pression may be used, perhaps, as the seamen say, it has been high-water slack; but I am satisfied the current has not yet altered its course in favor of the prisoners at the bar. Many things yet exist, sufficient to keep alive the glow of indignation. I have aimed at securing you against the catching flame. I have endeavored to discharge my duty in this respect. What success wUl follow these en- deavors, depends on you, gentlemen. If being told of your danger will not produce caution, nothing will. If you are determined in opinion, it is in vain to say more ; but If you are zealous inquirers after truth, if you are willing to hear with impartiality — to examine and judge for yourselves — enough has been said to apprise you of those avenues, at which the enemies of truth and justice are most likely to enter, and most easily to beset you. Gentlemen of the jury : I shall now for argu- ment's sake only, take it for granted, that the fact of killing had been proved upon all the prisoners : you are sensible this is not reaUy true ; for as to this point there are several of the prisoners, upon whom this fact is not fixed. But as I shall hereafter take occasion to con- sider the distinct case of each prisoner, as he is affected by the evidence, I at present choose to avoid confusion, and apply myself to the fall strength of the crown ; and, upon a supposition that all the prisoners were answerable for the act of any one, see how the prisoners are chargeable by the evident^j already offered, with the crime of murder ; or rather endeavor to point out to you those facts, appearing by the evidence on the crown side, which will amount in law to a justification, an excuse, or, at least, an extenuation of their offence. For we say, that give the evidence for the king its full scope and force, and our offence is reduced at least to • manslaughter ; in which case we claim the privilege of that law, by the sentence of which, if guilty, we must suffer the paais of death — a privilege^ we can never again claim — a privi- lege that by no means implies exemption from all punishment : the offender becomes liable to imprisonment for a year — ^incurs a forfeiture of all goods and chattels ; and, till he receives the judgments of law, is to all intents a felon, sub- ject to all disabilities and other incidents of a felon. Without taking up time in attending and discussing points, no way pertinent to the present issue, without a tedious recapitulation of circumstances, with which, I take it, we have no more concern than either of you gentlemen ; I say, passing over all these matters as foreign to this trial, let us state evidence appearing even from the crown witnesses. These witnesses, whose testimony I shall not consider in the order they were produced, in- form you that, in the former part of the evening a mimber of soldiers rushed from some of the lanes near the guard-house, or, as Col. Marshal, supposes, from the guard-house itself. But some circumstances he relates as to their dress, may render it doubtful whether he is right in this point. Soldiers on guard have a peculiar regimental habiliment, which they never dare put off; and, if I am rightly instructed, no sol- diers but those on duty, are suffered to be at the guard-house at those hours. However, thus much is certain, that being dressed in short jackets or working coats, proves them not to be of that particular party who had mounted guard at this time. The cry was " where are they — damn them, where are they ! " They brandish their weap- ons and proceed to Oornhill. What those weap- ons were the witnesses say differently. But it should be mentioned, as we go along, that the soldiers of the twenty-ninth are never al lowed to wear swcrds or cutlasses. As these soldiers pass down Oornhill, they assault, abuse and attack people. The soldiers in their turn are beaten. One has his wrist broken — and the general cry soon after was — "they are beaten, — they are drove into the barracks ! " Some part of this conduct may hereafter be accounted for, and other parts of it may stand in a very different light. But we are ready to admit that their behavior was altogether unjus- tifiable — ^for we don't look upon ourselves as any way concerned in their conduct — conduct, which, if some of the witnesses are not mista- ken, seems more like that of madmen and bar- barians, than like reasonable creatures. If they acted like savages or ruffians, what is that to us ? This evidence, therefore, not applying to this case, we are injured if it has any influence to our prejudice. Being foreign to the issue, we humbly conceive it ought never to have been introduced : — or being introduced, it ought to be rejected in our determining the guilt or innocence of the prisoners. Mr. Quincy then proceeded to a minute de- tail of the Grown evidence, pointing out, as he went along, those circumstances that favored the prisoners ; and commenting chiefly on those facts which served to refute or invalidate the positions of the Oounsel for the Orown; by showing an assault and attack upon the sentry. He then reviewed those parts of the evidence which had a tendency either to prove insult, abuse, or assault and battery of the party; he pointed out the various quarters from which all these, but especially the assault and battery proceeded; and from the facts, time and circumstances testified, inferred the attack to have been on various sides at the same instant. From the noises, violence, and rattling of the guns, he drew other consequen- ces useful to his cause. From the inattention SPEECH IN DEFENCE OF THE SOLDIERS. 841 of some and the forgetMness of others ; from the tumult, fright, confusion and passions in the scene, he made such deductions as might account for the contrariety and seeming incom- patibility of the evidence. He next very particularly stated the evidence for the prisoners, as he had been instructed, it would turn out on examination; and as he opened his evidence, he carefully remarked its conformity to and connection with, many parts of that already exhibited by the Counsel for the King. On the conclusion of the evidence for the prisoners, Mr. Quincy continued : May it please totje Honohs, anb Totr Gen- tlemen OF the Jtjet : We have at length gone through the evidence in behalf of the prisoners. The witnesses have now placed before you that state of facts, from which results our defence. The examination has been so lengthy, that I am afraid some painful sensations arise, when you find that you are now to sit and hear the remarks of counsel. But you should reflect that no more indulgence is shown to the pris- oners now on trial, than has ever been shown in all capital causes : the trial of one man has often taken np several days ; — when you con- sider, therefore, that there are eight lives in issue, the importance of the trial will show the necessity'of its length. To each of the pi-ison- ers different evidence applies, and each of them draw their defence from different quarters. I stated to you, gentlemen, your duty in opening this cause— do not forget the discharge of it. You are paying a debt you owe the com- munity for your own protection and safety : by the same mode of trial are youT Dwn rights to receive a determination; and in your turn a time may come, when you will expect and claim a similar return from some other jury of your fellow subjects. In opening, I pointed out the dangers to which you were exposed; I trust your own recollection wiU now preclude a recapitulation of them. The reasons of what I then said, I trust, have, in some measure, appeared; the propriety of some of those observations has been corroborated by succeeding evidence ; and you must have traced yourselves, some of those consequences, turning out in evidence, which have had intimate relation, if not their origin, with some or all of those opinions, notions, sentiments, or passions, (call them what you will,) which I took occasion to observe, as clues, aids, and leading-strings, in our intended examination and decision. How much need was there for my desire, that you should suspend your judgment till the witnesses were all examined? How different is the complexion of the cause ? Will not all this serve to show every honest man the little truth to be attained in partial hearings ? We have often seea communities complain of ex parte testimonies ; individuals as well as socie- ties of men are equally susceptible of Injuries of this kind : this trial ought to have another effect ; it should serve to convince us all of the impropriety, nay, injustice, of giving a latitude in conversation upon topics likely to come un- der a judicial decision ; the criminality of this conduct is certainly enhanced, when such loose saUies and discourses are so prevalent as to be likely to touch the life of a citizen ; moreover, there is so little certainty to be obtained by such kind of methods, I wonder we so often find them practised. In the present case, how great was the prepossession against us ? And I appeal to you, gentlemen, what cause there now is to alter our sentiments? Will any sober, prudent man, countenance the pro- ceedings of the people in King street, — can any one justify their conduct, — is there any one man or any body of men, who are interested to espouse and support their conduct ? Surely, no ! But our inquiry must be con- fined to the legality of their conduct, and here can be no difiiculty. It was certainly illegal, unless many witnesses are directly perjured : witnesses, who have no apparent interest to falsify, — witnesses who have given their testi- timony with candor and accuracy, — witnesses, whose credibility stands untouched, — whose credibility the Counsel for tlie King do not pretend to impeach, or hint a suggestion to their disadvantage. I say, gentlemen, by the standard of the law are we to judge the actions of the people who were the assailants, and those who were the assailed and then on duty. And here, gentle- men, the rule we formerly laid down, takes place. To the facts, gentlemen, apply your- selves. Consider them as testified ; weigh the credibility of the witnesses — balance their tes- timony — compare the several parts of it — see the amount of it ; — and then according to your oath — "make true deliverance according to your evidence." That is, gentlemen, having settled the facts, bring them truly to the stand- ard of the law ; the king's judges, who are ac- quainted with it, who are presumed best to know it, will then inspect this great standard of right and wrong, truth and justice ; and they are to determine the degree of guilt to which the fact rises. But before we come to those divisions of in- quiry, under which I intend to consider the evidence, let me once more carefully distinguish between the transactions in Cornhill and those by the custom-house. The conduct of the soldiers in Cornhill may well he supposed to have exasperated the minds of all who beheld their behavior. Their actions accumulated guilt as it flew — at least, we may weU suppose, the incensed people who related them, added new colors to the scene. Tlio flame of resentment imperceptibly enkindles, and a common acquaintance with human nature will show, that it is no extravagant supposition to imagine many a moderate man might at snch 342 JOSIAH QUIKOY, JR, a season, with suet sentiments, whicli I have more than once noticed, — ^hearing such relations and complaints ; I say, do I injure any one, in supposing that, under all these circumstances a very moderate person, wlio in ordinary matters acted with singular discretion, should now be drawn imperceptibly away, or rather trans- ported into measures, which in a future moment he would condemn and lament? What more natural supposition than to suppose many an honest mind might at this time fluctuate thus ? The soldiers ai-e here^— we wish them away ; we did not send for them ; they have cut aud wounded the peaceable inhabitants, and it may be my turn next. At this instant of time he has a fresh detail of injuries : resentment re- doubles every successive moment — ^huzzal for the main guard 1 we are in a moment before the custom-house. ISTo time is given for recol- lection. We find from the king's evidence and from our own, the cry was, "Here is a sol- dier ! " not here is the soldier who has injured us — ^here is the fellow who wounded the man in Oornhill. ISTo, the reasoning, or rather fer- ment, seems to be, the soldiers have committed an outrage — we have an equal right to inflict punishment — or rather revenge, which they had to make an assault. They said right, but never considered that those soldiers had no right at all. These are sentiments natural enough to persons in this state of mind : we can easily suppose even good men thinking and acting thus. Very similar to this is the force of Dr. Hiron's testimony, and some others. But our inquiry is, what says the law ? We must calmly Inquire whether this, or any thing like it, is countenanced -by the law. What is natural to the man — what are his feelings are one thing : what is the duty of the citizen, is quite another. Reason must resume her seat, and then we shall hear and obey the voice of the law. The law indulges no man in being his own avenger. Early in the history of jurisprudence we find the sword taken from the party injured and put into the hands of the magistrate. Were not this the case, punishment would know no bounds in extent or duration. Besides, it saps the very root of distributive justice, when any individual invades the prerogative of law, and snatches from the civil magistrate the balance and the rod. How much more are the pillars of security shaken, when a mixed body, assem- bled as those in King street, assume the province of justice, and invade the rights of the citizen ? For it must not be forgot that the soldier is a citizen, equally entitled with us all to protec- tion and security. Hence all are alike obliged to pay obedience to the law ; for the price of this protection is that of obedience. Let it not be apprehended that I am advan- cing a doctrine that a soldier may attack an inhabitant, and he not allowed to defend him- self. No, gentlemen, if a soldier rush violently through the street and presents a weapon of death in a striking posture, no doubt the person assailed may defend himself, even to taking the life of the assailant. Revenge and a sense of self-preservation, instantly take possession of the person thus attacked ; and the law goes not upon the absurd supposition that a person can in these circumstances unman himself. Hence we find a husband, taking his wife in the act of adultery, ' instantly seizes a deadly weapon and slays the adulterer. It is not murder. Nay, a fillip upon the nose or forehead, in anger, is supposed by the law to be suflncient provocation to reduce killing to manslaughter. It is, there- fore, upon principles like these — ^principles upon which those who now bear the hardest against us, at other times so much depend ; it is, I say, upon the right of self-defence and self-preserva- tion, we rely for our acquittal. Here again, it should be kept in view, that whenever a party injuring has escaped by flight, and time sufficient for the passions to cool, in judgment of law, hath elapsed, however great the injury, the injured party must have recourse to law for his redress. Such is the wisdom of the law ; of that law, than which we are none of us to presume ourselves wiser ; of that law which is found in the experience of ages, and which in condescension to the infirmities of flesh and blood (but to nothing else) extenuates the offence. For "no man," says the learned judge Foster, " under the protection of the law is to be the avenger of his own wrongs. If they are of such a nature for which the laws of society will give him an adequate remedy, thither he ought to resort. But be, they of what nature soever, he ought to bear his lot with patience, and remember that vengeance belongeth to the Most High." * Now, gentlemen, those whoever they were, who committed the outrage in Oornhill, had absconded ; the sol- diers, who are supposed to have done them, were confined in their barracks. People were repeatedly told this, and assured by the military officers, that they should not go unpunished. But what followed ? Are all present appeased ? We are constrained by the force of the evidence, to affirm they were not. But to get regular and right ideas, we must consider all the com- motions of the season, and endeavor to come at truth by analyzing the evidence and arrang- ing it under distinct heads of inquiry. After a further consideration of the evidence in the case, Mr. Quincy remarked : Mat it please toue Honors and tou Gen- tlemen OP THE JuET : After having thus gone through the evidence, and considered it as ap- plicatory to all and every of the prisoners, the next matter in order seems to be the con- sideration of the law pertinent upon this evi- dence. And here, gentlemen, let me again inform you, that the law which is to pass upon these prisoners, is a law adapting itself to the human species, with all their feelings, passions and * Crown Law, 296. SPEECH IN DEFEKOE OF THE SOLDIERS. 843 infirmities : a law which does not go upon the absurd supposition, that men are stocks and stones ; or that in the fervor of the blood, a man can act with the deliberation and judgment of a philosopher. No ! gentlemen ; — the law sup- poses that a principle of resentment, for wise and obvious reasons, is deeply implanted in the human heart ; and not to be eradicated by the efforts of State policy. It, therefore, in some degree, conforms itself to all the workings of the passions, to which it pays a great indulgence, so far as not to be wholly incompatible with the wisdom, good order, and the very being of government. Keeping, therefore, this full in view, let us take once more a vei-y brief and cursory survey of matters supported by the evidence. And here let me ask sober reason — What language more opprobrious? "What actions more exas- perating, than those used on this occasion? "Words, I am sensible, are no justification of blows, but they serve as the grand clues to dis- cover the temper and the designs of the agents ; they serve also to give us light in discerning the apprehensions and thoughts of those who are the objects of abuse. "You lobster," "you bloody-back," "you coward," and "you dastard," are but some of the expressions proved. "What words more gaUing ? "What more cutting and provoking to a soldier ? To be reminded of the color of his garb, by which he was distinguished from the rest of his fellow-citizens ; to be compared to the most despicable animal that crawls upon the earth, was touching indeed a tender point. To be stigmatized with having smarted under the lash, at the halbert, to be twitted with so in- famous an ignominy ; which was either wholly undeserved, or a grievance which should never have been repeated; — I say to call up and awaken sensations of this kind, must sting even to madness. But accouple these words with the succeeding actions, — "You dastard," — "you coward!" A soldier and a coward 1 This was touching (with a witness) " the point of honor, and the pride of virtue." But while these are as yet fomenting the passions, and swelling the bosom, the attack is made; and probably the latter words were reiterated at the onset ; at least, were yet sounding in the ear. Gentlemen of the jury, for heaven's sake, let us put ourselves in the same situation! "Would you not spurn at that spiritless institu- tion of society, which tells you to be a subject at the expense of your manhood ! But does the soldier step out of his ranks to seek his revenge ? Not a witness pretends it. Did not the people repeatedly come within the points of their bayonets, and strike on the muzzles of the guns ? You have heard the wit- nesses. Does the law allow one member of the com- munity to behave in this manner towards his feUow-citizen, and then bid the injured party be calm and moderate ? The expressions from one party were — " Stand off, stand off I " " I am upon my station," — " if they molest me upon my post, I will fire." " By God, I will fire ! " "Keep off! " These were words likely to pro- duce reflection and procure peace. But had the words on the other hand a similar tenden- cy ? Consider the temper prevalent among all parties at this time. Consider the then situa- tion of the soldiery ; and come to the heat and pressure of the action. The materials are laid, the spark is raised, the fire enkindles, the flame rages, the understanding is in wild disorder, all prudence and true wisdom are utterly con- sumed. Does common sense, does the law ex- pect impossibilities ? Here, to expect equanim- ity of temper, would be as irrational as to ex- pect discretion in a madman. But was any thing done on the part of the assailants, simOar to the conduct, warnings, and declarations of the prisoners ? Answer, for yourselves, gentle- i men ! The words reiterated all around, stab- bed to the heart ; — the actions of the assailants tended to a worse end ; to awaken every pas- sion of which the human breast is susceptible ; fear, anger, pride, resentment, revenge, alter- nately take possession of the whole man. To expect, under these circumstances, that such words would assuage the tempest, that such actions would allay the flames ; — ^you might, as rationally, expect the inundations of a tor- rent would suppress a deluge ; or rather that the flames of Mtna. would extinguish a confla- gration ! Prepare, gentlemen of the jury, now to at- tend to that species of law, which will adapt itself to this trial, with all its singular and aggravating circumstances. A law fuU of be- nignity, full of compassion, replete with mercy. And here, gentlemen, I must, agreeable to the method we formerly adopted, flrst tell you by what law the prisoners are not to be tried, or condemned. And they most certainly are not to be tried by the Mosaic law : a law, we take it, peculiarly designed for the government of a peculiar nation, who being in a great measure under a theocratical form of govern- ment, its institutions cannot, with any pro- priety, be adduced for our regulation in these days. It is with pain, therefore, I have ob- served any endeavor to mislead our judgment on this occasion ; by drawing our attention to the precepts delivered in the days of Moses ; and by disconnected passages of Scriptures, ap- plied in a manner foreign to their original de- sign or import, there seems to have been an attempt to touch some peculiar sentiments, which we know are thought to be prevalent : and in this way, we take it, an injury is likely to be done, by giving the mind a bias, it ought never to have received ; because it is not war- ranted by our laws. "We have heard it publicly said of late, oftener than formerly, "Whosoever sheddeth man's blood, by man shall his blood be shed." This is plainly, gentlemen, a general rule which, like all others of the kind, must have its exceptions. A rule which if taken in its strict literal lati- 844 JOSIAH QUINOY, JE. hide would imply, that a man killing another In self-defence, would incur the pains of death. A doctrine which no man in his senses would ever embrace ; a doctrine that certainly never prevailed under the Mosaioal institution. For we find the Jews had their six cities of refuge, to which the man-slayer might flee, from the avenger of blood ; and something analogous to this (if it did not originate from it) is our benefit of clergy. And so, that " the murderer shall flee to the pit," comes under the same consideration. And when we hear it asked, as it very lately has been " who dare stay him ? " I answer, if the laws of our country stay him, you ought to do likewise ; and every good subject dares to do what the law allows. But the very position is begging the question ; for the question now in issue is, whether eitlier of the prisoners is a murderer, in the sense of our laws? for you recollect, that what is murder and what not, is a question of law, arising upon facts stated and allowed. But to go on: "You shall take no satisfac- tion for the life of a murderer, which is guilty of death." Here again is a begging of the ques- tion ; and moreover, the words, " guilty of death," if rightly rendered from the original, must be one of those general rules I just now mentioned, which always have their exceptions. But these words seem to be wrongly translated ; for in the margin of our great Bible, we find tliem rendered "faulty to die." Against a position of this kind we have no objection. If we have committed a fault, on which 'our laws inflict punishment of death, we must suffer. But what fault we have committed, you are to inquire : or rather you, gentlemen, are to find the facts proved in Court against us, and the judges are to see and consider what the law pronounces touching our offence, and what punishment is thereby inflicted as a penalty. In order to come at the whole law resulting from the facts which have been proved, we must inquire into the legality of the assemblies. For such is the wisdom and policy of the law, that if any assembly be lawful, each individual of that assembly is answerable only for his own act, and not for any other. On the contrary, if an assembly be unlawful, the act of any one of the company, to the particular purpose of assembling, is chargeable on all. This is law which no lawyer will dispute : it is a law founded in the security of the peace of society, and however little considered by people in general, it ought now steadily to be kept in mind. Was the assembly of the soldiers lawful? For what did the soldiers assemble ? Was the sentinel insulted and attacked ? Did he call for assistance, and did the party go to assist him ? Was it lawful for them so to do ? Were the soldiers when thus lawfully assem- bled, assaulted, &o., by a great number of people assembled, &c. ? Was this last assembly lawful ? Was any thing done by this unlawfal assem- bly, that will in law justify, excuse, or extenu- ate, the offence of killing, so as to reduce it tc manslaughter ? Was the killing justifiable ; or rather was it justifiable self-defence ? Was the killing excusable ; or rather was it self-defence, culpable — but through the benig- nity of the law excusable ? Was the killing felonious : if felonious, was it with or without malice ? Under each of these heads of inquiry, in their order, Mr. Qutncy arranged his arguments : and as he separated and compared, and settled the facts, he applied the law with explanatory comments. After which, he concluded his ar- gument as follows : Mat it please totje Honobs, and tott, Gbb- TLEMEN OF THE JuET : I have now gone through those authorities in law, which I thought per- tinent to this trial. I have been thus lengthy, not for the information of the Court, but to satisfy you gentlemen, and all who may chance to hear me, of that law, which is well known to those of us, who are conversant in courts, but not so generally known or attended to by many, as it ought to be — a law which extends to each of us, as well as to any of the prisoners ; for it knows no distinction of persons. And the doctrines which have been thus laid down are for the safeguard of us all. Doctrines which are founded in the wisdom and policy of ages ; which the greatest men who ever lived, have adopted and contended for. Nay, the matter has been carried by very wise men, much further than we have contested for. And that you may not think the purport of the au- thorities read are the rigid notions of a dry sys- tem, and the contracted decisions of municipal law, I beg leave to read to you a passage from a very great theoretic writer — a man whose praises have resounded through all the known world, and probably will through all ages — whose sentiments are as free air, and who has done as much for learning, liberty, and man- kind, as any of the sons of Adam — I mean the sagacious Mr. Locke. He will tell you gentle- men, in his Essay on Government, "That all manner of force without right, puts man in a state of war with the aggressor ; and of conse- quence, that being in such a state of war, he may lawfully kiU him who put him under this unnatural restraint." According to this doc- trine, we should have nothing to do but inquire whether here was "force without right?" if so, we were in such a state, as rendered it law- ful to kill the aggressor, who put us under so unnatural a restraint. Few, I believe, will say, after hearing all this evidence, that we were under no "unnatural restraint." But we don't want to extend mat- ters so far. We cite this author to show the SPEECH IN DEFENCE OF THE SOLDIERS. 345 world, that the greatest friends to their coun- try, to universal liberty, and the immutable rights of all men, have held tenets and advanced maxims more favorable to the prisoners at the bar. And although we should not adopt the sentiments of Mr. Locke, in their most exten- sive latitude, yet there seems to be something very analogous to his opinion, which is coun- tenanced in our laws. There is a spirit which pervades the whole system of English jurisprudence, which inspires a freedom of thought, speech, and behavior. Tinder a form of government like ours, it would b6_ in vain to expect that pacific, timid, obse- quious, and servile temper, so predominant in more despotic governments. From our happy constitution there results its very natural ef- fects — an impatience of injuries, and a strong resentment of insults : (and a very wise man has said, " He who tamely beareth insults in- viteth injuries.") Hence, I take it, that atten- tion to the "feelings of humanity," to "human- ity and imperfection," "the infirmities of fiesh and blood ; " that attention to " the indelible rights of mankind;" that lenity to "the pas- sions of men ; " that " benignity and conde- scension of the law," so often repeated in our books. And, indeed, if this were not the case, the genius of our civil constitution, and the spirit of our municipal law would be repugnant : that prime defect in any political system — that grand solecism in State policy. Gentlemen of the Juet: This cause has taken up much of your time, and is likely to take up so much more, that I must hasten to a close. Indeed, I should not have troubled you, by being thus lengthy, but from a sense of duty to the prisoners ; they, who, in some sense, may be said to have put their lives in my hands ; they, whose situation was so peculiar, that we have necessarily taken up more time than or- dinary cases require. Tiiey. under all these circumstances, placed a confidence it was my duty not to disappoint; and which I have aimed at discharging with fidelity. I trust you, gentlemen, will do the like ; that you will ex- amine and judge with a becoming temper of mind ; remembering that they who are undei oath to declare the whole truth, think and act very differently from by-standers, who, being under no ties of this kind, take a latitude, which is by no means admissible in a court of law. I cannot close this cause better, than by de- siring you to consider well the genius and spirit of the law, which will be laid down, and to govern yourselves by this great standard of truth. To some purposes, you may be said, gentlemen, to be ministers of justice ; and "ministers," says a learned judge, "appointed for the ends of public justice, should have writ- ten on their hearts the solemn engagements of his majesty, at his coronation, to cause law and justice in mercy to be executed in all his judg- ments." "The quality of mercy is not strained ; It droppetli like the gentle rain from heaven — It is twice blessed ; It blesses him that gives, and him that takes.'' I leave you, gentlemen, hoping you will be directed in your inquiry and judgment, to a right discharge of your duty. We shall all of us, gentlemen, have an hour of cool reflection ; wlien the feelings and agitations of the day shall have subsided ; when we shall view things through a different and a much juster medium. It is then we all wish an absolving conscience. May you, gentlemen, now act such a part, as will hereafter ensure it ; such a part as may occasion the prisoners to rejoice. May the blessing of those who were in jeopardy of life come upon you — ^may the blessing of Him who is "not faulty to die," descend and rest upon you and your posterity. JENJAMIN RUSH, M D. Thb ancestors of Doctor Rush, belonged to the society of Quakers, and emigrated to Amer- ica under the auspices of William Penn, as early as the year 1683. James Rush, his grandfather, whose occupation was that of a gunsmith, resided on his estate near Philadelphia, and died in the year 1727. His son John, the father of the subject of the present sketch, became possessed of both his trade and his farm, and was distinguished for his industry and an ardent love of agricultural pursuits. He died while his son was but a child, and left him to the care of an affectionate and pious mother. Under her guardianship he received those impressions of reli- gious sentiment, which were so conspicuous through the whole course of his life. In a letter, written a short time previous to his death, he thus expresses the sense of obligation he felt for the early impressions of piety he had received from his parents : — " I have acquired and received nothing from the world, which I prize so highly as the religious principles I inherited from them; and I possess nothing that I value so much as the innocence and purity of their characters." Doctor Eush was a native of Pennsylvania, and was born on his father's estate, on the twenty-fourth of December, 1745. At the age of nine years he was placed by his mother under the tuition of his maternal uncle, the Eev. Doctor Finley, a man of high literary attainments, and subsequently. President of the college of New Jersey. In this position he remained five years, after which he was removed to college, where he soon became distinguished for his capability, his uncommon progress in his studies, and especially for his eloquence in declama- tion. During his stay in college he gained the friendship and esteem of all around him, and graduated with honor, and the best wishes of his teachers and classmates. Having determined to devote his life to the profession of medicine, he commenced a eourse of study undei' the direction of Doctor John Redman, at that time an eminent prac- titioner in the city of Philadelphia. After pursuing his studies in this office, with industry and great enthusiasm for six years, he entered the medical university of Edinburgh, where he received the fuU benefit of the lectures of the celebrated professors, Munro, Gregory, Black and Oullen ; and, in 1768, received the degree of doctor of medicine. From Edinburgh he pro- ceeded to London, where he spent a few months, in attendance upon the hospitals of that city, and in the spring of 1769, having visited Paris, he returned to his native country, and imme- diately entered upon the practice of his profession. A short time after, he was elected a professor in the medical school, which had then been recently established, by the laudable exertions of Doctors Bond, Morgan, Shippen and E!uhn. In the year 1789, he was chosen the successor of Doctor Morgan to the chair of the theory and practice of physic ; and in 1791, upon an union being efifected between the college of Philadelphia and the university of Penn- sylvania, was appointed professor of the institutes of medicine and clinical practice. On the resignation of the learned and venerable Doctor Kuhn, in 1805, he was chosen to the united professorships of the theory and practice of physio and of clinical medicine, in which station he remained until the close of his life. At an early period of his life. Doctor Eush made himself acquainted with the political sit- BENJAMIN RUSH, M. D. 347 nation of his country. On the commencement of hostilities between the Colonies and Great Britain, he decided in favor of liberty, and became a firm and energetic opposer of British tyranny, and supporter of equal rights. Associating with all classes through the medium of his profession, his influence was extensive, useful and salutary. In 1776 he was chosen a member of the Continental Congress, and signed the Declaration of Independence. The following year he was appointed physician-general of the military hospital for the middle department, and rendered great service during the whole of the Revolution. In 1787 he was a member of the convention from Pennsylvania for the adoption of the Federal Constitution. The same year he published the Address to the People of the United States. After the establishment of the Federal Government, he withdrew from public life, and devoted himself to the practice of his profession, and the duties of social life. The only office he accepted, as a reward for his many services, was the presidency of the Mint, which position he retained for fourteen years. He was the author of numerous literary, moral and philoso- phical essays, and several volumes on medical science ; among which are his Medical Inquiries and Oiseri>ations, and a History of the Yellow Fever. His a,ttachment to his profession was remarlsable. Speaking of his approaching dissolution, he said, " When that time shaU come, I shall relinquish many attractions to life, and among them a pleasure, which to me, has no equal in human pursuits ; I mean that which I derive from studying, teaching, and practising medicine." Added to the numerous duties of his profession and the various benevolent associations with which he was connected. Doctor Rush was president of the American Society for the Abolition of Slavery, vice-president of the Philadelphia Bible Society, president of the Philadelphia Medical Society, one of the vice-presidents of the American Philosophical Society, and a mem- ber of several other institutions both in Europe and America. "Wherever he could be useful by counsel, influence or action, he was sure to be found. " The virtues of his heart," says his biographer, " like the faculties of his mind, were in continued exercise for the benefit of his fellow-men. While the numerous humane, charitable, and religious associations of Philadel- phia, bear testimony to the philanthropy and piety which animated the bosom of their departed benefactor ; let it be remembered, that as with the good Samaritan, the poor were the objects of his peculiar care ; and that in the latter, and more prosperous years of his life, one-seventh of his income was expended upon the children of affliction and want. — ^Dr. Boerhaave said of the poor, that they were his best patients, because God was their paymaster. — ^Let it also be recorded, that the last act of Doctor Rush was an act of charity, and that the last expression which fell from his lips was an injunction to his son, " Be indulgent to the poor." * He died on the nineteenth of April, 1813. TO THE PEOPLE OF THE UNITED STATES. ihis address was written by Doctor Rush, and published in the year 1787, previous to the meeting of the Federal Convention. There is nothing more common than to con- found the terms of American revolution with those of the late American war. The American war is over : but this is far from being the case with the American revolution. On the con- trary, nothing but the first act of the great drama is closed. It remains yet to establish and perfect our new forms of government : and ♦ Doctor David Hosack^s Discourse, at tlie College of Physicians and Surgeons, Ne^y York, 1813. to prepare the principles, morals, and manners of our citizens, for these forms of government, after they are established and brought to per- fection. The confederation, together with most of oui State constitutions, were formed under very unfavorable circumstances. We had just emer- ged from a corrupted monarchy. Although we understood perfectly the principles of Uberty, yet most of us were ignorant of the forms and combinations of power in republics. Add to this, the British army was in the heart of our country, spreading desolation wherever it went: our resentments, of course, were awakened- We detested the British name, and unfortu- S48 BENJAMIN E?SH, M. D. nately refused to copy some things ia the ad- ministration of justice and power, in the British government, which have made it the admira- tion and envy of the world. In our opposition to monarchy, we forgot that the temple of ty- ranny has two doors. We bolted one of them by proper restraints; but we 'eft the other open, by neglecting to guard against the effects of bur own ignorance and licentiousness. Most of the present difficulties of this coun- try arise from the weakness and other defects of our governments. My business at present shall be, only to sug- gest the defects of the confederation. These consist — 1st. In the deficiency of coercive pow- er. 2d. In a defect of exclusive power to issue paper money, and regulate commerce. 3d. In vesting the sovereign power of the United States in a single legislature : and, 4th. In the too fre- quent rotation of its members. A convention is to sit soon for the purpose of devising means of obviating part of the two first defects that have been mentioned. But I wish they may add to their recommendations to each State, to surrender up to Congress their power of emitting money. In this way, a uni- form currency will be produced, that will facil- itate trade, and help to bind the States together. Nor will the States be deprived of large sums of money by this means, when sudden emer- gencies require it ; for they may always borrow them, as they did during the war, out of the treasury of Congress. Even a loan ofiioe may be better instituted in this way, in each State, than in any other. The two last defects that have been men- tioned, are not of less magnitude than the first. Indeed, the single legislature of Congress will become more dangerous, from an increase of power, than ever. To remedy this, let the supreme federal power be divided, like the leg- islatures of most of our States, into two dis- tinct, independent branches. Let one of them be styled the Council of the States, and the other the Assembly of the States. Let the first consist of a single delegate — and the sec- ond, of two, three, or four, delegates, chosen annually by each State. Let the president be chosen annually by the joint ballot of both Houses; and let him possess certain powers, in conjunction with a privy council, especially the power of appointing most of the ofiicers of the United States. The oflBcers will not only be better, when appointed this way, but one of the principal causes of faction will be thereby removed from Congress. I apprehend this di- vision of the power of Congress will become more necessary, as soon as they are invested with more ample powers of levying and ex- pending public money. The custom of turning men out of power or office, as soon as they are qualified for it, has been found to be as absurd in practice, as it is virtuous to dismiss a general — a physician — or even a domestic, as soon as they have acquired knowledge sufficient to he useful to us, for the sake of increasing the number of able generals — skilful physicians — and faithful servants ! We do not. Government is a science, and cat never be 'perfect in America until we encour- age men to devote not only tliree years, bul their whole lives to it. I believe the principal reason why so many men of abilities object to serving in Congress, is, owing to their not thinking it worth while to spend three years in acquiring a profession, which their country immediately afterwards forbids them to foUow. There are two errors or prejudices on the subject of government in America, which lead to the most dangerous consequences. It is often said, " that the sovereign and all other power is seated in the people." This idea is unhappily expressed. It should be — " all power is derived from the people," — they possess it only on the days of their elections. After this, it is the property of their rulers ; nor can they exercise or resume it, unless it be abused. It is of importance to circulate this idea, as it leads to order and good government. The people of America have mistaken the meaning of the word sovereignty ; hence each State pretends to be sovereign. In Europe, it is applied only to those states which possess the power of making war and peace — of form- ing treaties, and the like. As this power be- longs only to Congress, they are the only sove- reign power in the United States. We commit a similar mistake in our ideas of the word independent. No individual State, as such, has any claim to independence. She is independent only in a union with her sister States in Congress. To conform the principles, morals, and man- ners of our citizens, to our republican forms of government, it is absolutely necessary, that knowledge of every kind should be dissemina- ted through every part of the United States. Eor this purpose, let Congress, instead of laying out half a million of doUars, in building a federal town, appropriate only a fourth of that sum, in founding a federal university. In this university, let every thing connected with government, such as history — the law of nature and nations — the civil law — the municipal laws of our country — and the principles of com- merce — ^be taught by competent professors. Let masters be employed, likewise, to teach gunnery — fortffication — and every thing con- nected with defensive and offensive war. Abova aU, let a professor^ of, what is called in the Eu- ropean Universities, economy — ^be established in this federal seminary. His business should be to unfold the principles and practice of agri- culture and manufactures of all kinds, and to enable him to make his lectures more exten- sively useful. Congress should support a trav- elling correspondent for him, who should visit all the nations of Europe, and transmit to him, from time to time, all the discoveries and im- provements that are made in agriculture and manufactures. To this seminary, young men should be encouraged to repair, after complet- TO THE PEOPLE OF THE UNITED STATES. 34S ing their academioal studies in the colleges of their respective States. The honors and offices of the United States should, after a while, be confined to persons who had imbibed federal and republican ideas in this uiilversity. For the purpose of diffusing knowledge, as well as extending the living principle of gov- ernment to every part of the United States — every State — city — county — village — and town- ship in the Union, should be tied together by means of the post-offlce. This is the true non- electric wire of government. It is the only means of conveying heat and light to every in- dividual in the federal commonwealth. " Swe- den lost her liberties," says the Abbe Raynal, "because her citizens were so scattered, that they had no means of acting in concert with each other." It should be a constant injunction to the post-masters, to convey newspapers free of all charge for postage. They are not only the vehicles of knowledge and intelligence, but the sentinels of the liberties of our coun- try. The conduct of some of those strangers, who have visited our country, since the peace, and who fill the British papers with accounts of our distresses, show as great a want of good sense, as it does of good nature. They see nothing but the foundations and walls of the temple of liberty ; and yet they undertake to judge of the whole fabric. Our own citizens act a still more absurd part, when they cry out, after the experience of three or four years, that we are not proper materials for republican government. Remember, we assumed these forms of government in a hurry, before we were prepared for them. Let every man exert himself in promoting virtue and knowledge in our country, and we shall soon become good republicans. Look at the steps by which governments have been changed, or rendered stable in Europe. Read the history of Great Britain. Her boaat^i?. government has risen out of wars, and rebellions, that lasted above six hundred years. The United States are travelling peaceably into order and good government. They know no strife — hut what arises from the collision of opinions ; and, in three years, they have advanced further in the road to stability and happiness, than most of the nations in Europe have done, in as many centuries. There is but one path that can lead the United States to destruction ; and that is, their extent of territory. It was probably to effect this, that Great Britain ceded to us so much waste land. But even this path may be avoided. Let but one new State be exposed to sale at a time ; and let the land office be shut up, tiU every part of this neV State be settled. I am extremely sorry to find a passion for retirement so universal among the patriots and heroes of the war. ■ They resemble skilful mari- ners, who, after exerting themselves to preserve a ship from sinking in a storm, in the middle of the ocean, drop asleep, as soon as the waves subside, and leave the care of their lives and property, during the remainder of the voyage, to sailors, without knowledge or experience. Every man in a republic is public property. His time and talents — ^his youth — ^his manhood — his old age — nay more, his life, his all, belong to his country. Patriots of lYM, 1773, 1776— heroes of 1778, 1779, 1780 ! come forward ! your country de- mands your services ! Philosophers and friends to mankind, come forward ! your country de- mands your studies and speculations ! Lovers of peace and order, who declined taking part in the late war, come forward ! your country forgives your timidity, and demands your in- fluence and advice ! Hear her proclaiming, in sighs and groans, in her governments, in her finances, in her trade, in her manufactures, in her morals, and in her manners — " THE REV OLUTION IS NOT OVER! " ROBERT R. LIVINGSTON. CnANCELLOi. LivoTOSTOsr, the subject of the present sketoh, was a greav grandson of Robert, the first of the Livingston family who emigrated to America, near the end of the seventeenth century. His father, E. E. Livingston, was long a member of the legislature, from the county of Dutchess, a judge of the Supreme Court of the colony of New York, an active patriot at the time of the Stamp- Act difficulties, and a member of the Congress which assembled at New York in 1765. He was upon the Bench at the time of the celebrated appeal of Forsey and Cunningham. His legal opinion in that cause, as recorded in Holt's Gazette, evinces the solidity and correctness of his judgment, and the earnestness of his patriotism. His mother was the daughter and heiress of Colonel Henry Beekman, and eminent alike for piety, benevolence, knowledge, and good sense. Chancellor Livingston, who inherited his father's name, was born in the city of New York, in 1747. After due preparation he entered Kings, now Columbia College, from which institu- tion he graduated on the twenty-eighth of May, 1765. In an account of the exercises on the occasion of his taking his first degree, is the following notice of him : " In all the exercises, the young gentlemen acquitted themselves equally to tlieir own honor and the general satisfaction of the audience : in particular, Mr. Livingston, whose oration in Praise of Liberty was received with general and extraordinary approbation, and did great honor to his judgment and abilities, in the choice of his subject, the justice and sublimity of his sentiments, the elegance of his style, and the graceful propriety of his pronunciation and gesture. And many of the auditors pleased themselves with the hopes that the young orator may prove an able and zealous asserter and defender of the rights and liberties of his country, as well as an ornament to it." * He entered upon the study of the law, in the office of William Smith, the colonial historian of New York, and shortly after the completion of his course, was, in 1773, appointed recorder of his native city. The all-absorbing question of the right of the British parliament to impose exacting laws upon the colonists was then agitated, and the young recorder, as well as his illus- trious father, was eje:>,ad from his official position, for adherence to the cause of the patriots. On the twenty-second day of April, 1775, he was appointed a delegate to represent the colony of New York in the Continental Congress, and took his seat in that body on the fifteenth of the following May. In this assembly he at -once became a prominent and influential member, dis- tinguished both for his zeal and great abilities.t On the third of June, 1775, he was appointed, with Richasrd Henry Lee and Edmund Pendleton, a committee to prepare the Address to the In- habitants of Cheat Britain, and subsequently, throughout the same year, served on several com- mittees of importance. On the eleventh of June, 1776, he was associated with Jefferson, John Adams, Dr. Franklin, and Eoger Sherman, to draft the Declaration of Independence. Leaving Philadelphia a short time after this, he was prevented from signing that instrument. Mr. Liv- ingston remained in New York until 1780, when he was again delegated to Congress. The fol- lowing year, on the formation of the department of foreign affairs, under the confederation, h? • Holt's New Tork Gazette, or the Weekly Post-Boy, May 80, 1765. t See Journal of Debates in this CoDgress, as given in John Adams's Works, 2d volnmfi. ROBERT R. LIVINGSTON. 351 was appointed secretary, wliicli station he occupied until 1783, when he was appointed chancel- lor of the State of New York, being the first incumbent of that office under the State constitu- tion. In 1788 he was a member of the State convention, which assembled at Poughkeepsie, to adopt or reject the Federal constitution, 'and 'his labors to effect its adoption were able and dis- tinguished. He administered the oath of oflace to General Washington, upon his inauguration as President in 1789. In 1801 he was appointed by Jefferson as minister to the Court of France, and in the important negotiation with that government, which terminated in the acquisition of the territory of Louisiana, was an efficient and successful agent. " After the signing of that treaty the ministers arose," says the Count Marbois, "when Mr. Livingston, expressing the general satisfaction, said, with prophetic sagacity, ' We have lived long, but this is the noblest work of our whole lives. The treaty which we have just signed has not been obtained by art, or dictated by force ; equally advantageous to the two contracting parties, it will change vast solitudes into flourishing districts. From this day the United States take their place among the powers of the first rank ; the English lose all exclusive influence in the affairs of America. Thus one of the principal causes of European rivalries and animosities is about to cease. The United States will re-establish the maritime rights of all the world, which are now usurped by a single nation. These treaties wUl thus be a guarantee of peace and concord among commercial States. The instruments which we have just signed, wUl cause no tears to be shed ; they prepare ages of happiness for innumerable generations of human creatures. The Mississippi and Missouri will see them succeed one another, and multiply, truly worthy of the regard of Providence, in the bosom of equality, under just laws, freed from the errors of superstition and the scourges of bad government.' " * Fortunately for the interests of mankind. Mi-. Livingston became acqu&.inted with Robert Fulton. Entertaining enlarged ideas of the advantages of steam navigation, on the extensive lakes and rivers of the United States, Mr. Livingston had applied himself with great perseverance and expense to the construction of vessels and machinery for that kind of navigation. " As early as 1798," says Golden, in his interesting memoir, "he believed that he had accomplished his object, and represented to the legislature of New York that he was possessed of a mode of ap- plying the steam-engine to propel a boat on new and advantageous principles ; but that he was deterred from carrying it into effect, by the uncertainty and hazard of a very expensive experi- ment, unless he could be assured of an exclusive advantage from it, should it be found suc- cessful." The New York Legislature, in March, 1798, passed an act vesting Mr. Livingston vrith the exclusive right and privilege of navigating all kinds of boats which might be propelled by the force of steam, on all the waters within the territory or jurisdiction of the State, for the term of twenty years from the passing of the act ; upon condition, that he should, within a year, build such a boat, the mean of whose progress should not be less than four mUes an hour Immediately after the passage of this act, Mr. Livingston built a boat of about thirty tons, which was propelled by steam, but being incompetent to fulfil the condition of the law, she was aban- doned, and he for a time relinquished the project.t On his return from France, Mr. Livingston associated himself with Fulton, and engaged in the building of a boat. " This boat began to navigate the Hudson River, in 1807, and its pro- gress through the water was at the rate of five mUes an hour." | All former experiments had failed, and the genius of Fulton, aided and fostered by the public spirit and discernment of Livingston, created one of the greatest accommodations for the benefit of mankind.§ The last years of Mr. Livingston's life were passed in the retirement of his home, at Cler- mont, on the Hudson River, where he died on the twenty-sixth of February, 1818. * See Doctor John W. Francis's interesting sketoli of Chancellor Livingston, in the National Portrait Gallery, volume 4. t Life of Eobert Fulton, by his friend Cadwallader J>. Golden, page 148. t An historical account of the application of steam for the propelling ' of boats, by E. R. Livingston, in the Ameriou Medical and Philosophical Register, vol. 2, page 256. § De "Witt Clinton's discourse before the American Academy af Fine Arts. 852 ROBERT R. LIVINGSTON. ORATION BEFORE THE CINCINNATI. Chancellor Livingston delivered the follow- ing oration, before the Society of the Cincin- nati, of the State of New York,* at the City Hall of the City of New York, on the fourth of July, 1787. I could have wished, gentlemen, that the task I am now about to perform, had been as- signed to some abler speaker ; and in that view, I long since tendered my apology for declining it, and hoped, till lately, that it had been ac- cepted. Disappointed in this hope and unwil- ling to treat any mark of your favor with neg- lect, I determined to obey your commands, although I was satisfied, that in the execution of them, I should not answer your expectations. There is a style of eloquence adapted to occa- sions of this kind, to which I feel myself une- qual ; a style which requires the glowing imag- ination of younger speakers, who, coming recently from the schools of rhetoric, know how to dress their sentiments in all its flowery ornaments. The turbulence of the times, since I first entered upon public life, and the neces- sity they imposed upon those who engaged in them, of attending rather to things than words, will, I fear, render me, if not an useless, at least an unpolished speaker. If the mind dwells with pleasure on interest- ing events ; if the soul pants to emulate the noble deeds it contemplates ; if virtue derives new force from the successful struggles of the virtuous, it is wise to set apart certain seasons, when, freed from meaner cares, we commem- orate events which have contributed to the happiness of mankind, or aiford examples wor- thy their imitation. What are we this day called upon to commemorate? Some signal victory, in which the victor weeps the loss of friends, and himianity mourns over the graves of the vanquished ? The birth of some prince whom force, fraud, or accident has entitled to a throne ? Or even that of some patriot, who has raised the reputation and defended the rights of his country ? No, gentlemen, a nobler subject than the splendor of victories, or the birth of princes, demands our attention, "ffie are called upon to commemorate the successful battles of freedom and the birth of nations ! It may be expected, and, indeed, I believe it is usual on such occasions, that I should tread the steps we have taken, from the dawn of op- pression to the bright sunshine of independence ; that I should celebrate the praise of patriots who have been actors in the glorious scene, and more particularly that I should lead you to the shrines of those that have offered up their lives in support of their principles, and sealed with their blood your charters of freedom. Had I * See note at page 261, ante. no other object in view than to amuse you and indulge my own feelings, I should take this path; for what task more delightful than to contemplate the successful struggles of virtue ; to see her at one moment panting under the grasp of oppression, and rising in the next with renewed strength, as if, like the giant son of earth, she had acquired vigor from the fall ; to see hope and disappointment, plenty and want, defeats and victories, following each other in ra- pid succession, and contributing, like light and shade, to the embellishment of the piece! What more soothing to the soft and delicate emotions of humanity, than to wander with folded arms, and slow and pensive step, amidst the graves of departed heroes ; to indulge the mingled emo- tions of grief and admiration ; at one moment giv- ing way to private sorrow, and lamenting the loss of a friend, a relation, a brother, — in the next, glowing with patriot warmth, gazing with ar- dor on their wounds, and invoking then- spirits, while we ask of heaven to inspire us with equal fortitude ! But, however pleasing this task, the desire of being useful impels me, at this inter- esting moment, to forego this pleasure ; to call you from this tender scene, to remind you, that you are the citizens of a free State, to bid you rejoice with Roman pride that those you love have done their duty, to exhort you to crown the glorious work which they have begun. For, alas ! my friends, though they have nobly performed the part assigned them, the work is still unfinished and much remains for ns to do. It may not, therefore, be improper, amidst the congratulations I make you on this day — this day distinguished in the annals of fame, for the triumph of freedom and the birth of nations, to inquire how far it has been productive of the advantages we might reasonably have expected and where they have fallen short of our ex- pectations. _ To investigate the causes that have conduced to our disappointment, two objects demand our attention — our internal and federal govern- ments. Either, to those who are disposed to view only the gloomy side of the picture, will afford sufficient matter for censure, and too much cause of uneasiness. Many desponding spirits, misled by these reflections, have ceased to rejoice in independence, and to doubt whether it is to be considered as a blessing. God forbid, that there should be any such among us : For whatever may be the pressure of our present evils, they will cease to operate, when we re- solve to remove them ; the remedy is within our reach, and I have sufficient confidence in our own fortitude to hope that it will be applied. Let those, however, who know not the vahie of our present situation, contrast it with the state of servitude to which we should have been reduced, had we patiently submitted to the ORATION BEFORE THE OINOINKATI. 353 yoke of Britain. She had long since seen our ease with envy, and our strength with jealousy. Loaded with debt, she wished to share that affluence which she attributed to her protection, rather than to our industry. Tenacious of her supposed supremacy, she could not be indiffer- ent to those increasing numbers which threat- ened its subversion. Avarice and timidity concurred in framing a system of despotism, which, but for our resist- ance, would have reduced us to the vilest sub- jection. Having resisted, accommodation was vain ; pretences would not have been wanting to ruin those that had been active in opposition. Disputes among ourselves would have been en- couraged ; and advantages, derived from our disunion, would have enabled her ultimately to obtain her object. No alternative was left, but heaven-born independence or abject submission. We have chosen as became a wise and generous people. Let slaves or cowards disapprove the choice. Our constitutions are formed to insure the happiness of a virtuous nation. They guaj-d against the tumult and confusion of unwieldy popular assemblies, while they yield to every citizen his due share of power. They preserve the administration of justice pure and unbiassed, by the independence of the judges. They pre- vent abuses in the execution of the law, by committing the care of enforcing them to ma- gistrates who have no share in making, nor voice in expounding them. In these circumstances, they excel the boasted models of Greece or Rome, and those of all other nations, in haviilg precisely marked out the power of the govern- ment and the rights of the people. With us the law is written : no party can justify their errors under former abuses, or doubtful pre- cedents. With these constitutions, I shall be asked, how it has happened that the evils hinted at, continue to exist. I shall endeavor to an- swer this inquiry, since my object in treating of this subject is to impress upon you the obli- gations we are under as citizens, as men whose past services entitle us to some weight in the community — zealously to unite in promoting a constitutional reform of every abuse that affects thje government. f'^Our constitutions being purely democratic, the people are sovereign and absolute. The '; faults of absolute governments are to be charged to the sovereign : in ours, they must be traced back to the people. If our executive has sufficient energy, if the judicial is competent to the administration of justice ; if our legislative is so formed as that no law can pass without due deliberation, all the ends of government are answered, so far as they depend upon the constitution. If still it faUs short of expectation, the evils must be sought in the administration': and since every person concerned in that is either mediately or immediately chosen by the people, they may change it at pleasure. What can be devised more perfect than that constitution, which puts 23 in the power of those, who experience the effects of a mal -administration, to prevent their continuance ; not by mad, tumultuous, and ir- regular acts, as in the ancient republics, but by such as are cool, deliberate, and constitutional. If they still exist, they must be charged to the negligence of the people, who, after violent agitation, have sunk into such a state of torpor and indifference with respect to government, as to be careless into what hands they intrust their dearest rights. When we choose an agent to manage our private affairs, an executor to distribute our estate, we are solicitous about the integrity and abilities of those we intrust : we consult our friends — we make the choice after due deliberation. Is it not astonishing that when we are to elect men whose power extends to our liberty, our property, and our lives, that we should be so totally indifferent that not one in ten of us tenders his vote? Oan it be thought that an enlightened people believe the science of government level to the meanest capacity? That experience, applica- tion, genius, and education, are unnecessary to those, who are to frame laws for the govern- ment of the State? And yet, are instances wanting in which these have been proscribed, and their places supplied by those insidious arts which have rendered them suspected? Are past services the passport to future honors ; or have you yourselves, gentlemen, escaped the general obloquy ? Are you not calunmiated by those you deem unworthy of your society? Are you not even shunned by some who should wear with pride and pleasure this badge of former services ? You have learned in the school of adversity to appreciate character. Ton are not formed, whoever may direct, to promote measures you disapprove. Men, used to command and to obey, are sensible of the value of government, and wiU not consent to its debasement. Your services entitle you to the respect and favor of a grateful people. Envy, and the ambition of the unworthy, concur to rob you of the rank you merit. To these causes we owe the cloud that ob- scures our internal governments. But let us not despair : the sun of science is beginning to rise, and as new light breaks in upon the minds of our fellow-citizens, that cloud wiU be dis- pelled. Having observed that our internal constitu- tions are adequate to the purposes for which they were formed, and that the inconveniences we have sometimes felt under them were im- putable to causes which it was in our power to remove ; I might perliaps -add, that the con- tinuance of those evils were proofs of the hap- piness these governments impart ; since, had they not been more than balanced by advan- tages, they would have pressed with such weight as to have compelled the people to ap- ply the remedy the constitution affords. But, when I turn my eyes to the other great object of a patriot's attention, our federal government^ B54 EGBERT R. LIVINGSTON. I confess to you, my friends, I sicken at the Bight. Nothing presents itself to my view, hut a nerveless council, united hy imaginary ties, brooding over ideal decrees, which caprice or fancy is at pleasure to annul or execute 1 I see trade languish, public credit expire — and that glory which is not less necessary to the pros- perity of a nation, than reputation to individ- uals, a victim to opprobrium and disgrace. Here, my friends, you are particularly inter- ested ; for I believe, I should do little justice to -the motives that induced you to brave the dangers and hardships of a ten years ' war, if I supposed you had nothing more in view, than humble peace and ignominious obscurity. Brave souls are influenced by nobler motives ; and I persuade myself, that the rank and glory of the nation you have established, were among the strongest that nerved your arms and invig- orated your hearts. Let us not then, my friends, lose sight of this splendid object: having pur- sued it through fields of blood, let us not relin- quish the chase, when nothing is necessary to its attainment but union, firmness, and temper- ate deliberation. In times of extreme danger, whoever has the courage to seize the helm, may command the ship : each mariner, distrusting his own skill, is ready to repose upon that of others. Con- gress, not attending to this reflection, were misled by the implicit respect, that during the war was paid to their recommendations ; and, without looking forward to times, when the circumstances which made the basis of their authority, should no longer exist, they formed a constitution adapted only to such circum- stances. Weak in itself, a variety of causes have conspired to render it weaker. Some States have totally neglected their representa- tion in Congress, while some others have been inattentive in their choice of delegates, to those qualities which are essential to the support of its reputation — objects of some moment, where authority is founded on opinion only. To these, I am sorry gentlemen, to add a third, which operates with peculiar force in some States — the love of power, of which the least worthy are always the most tenacious. To deal out a portion of it to Congress, would be to share that which some, among those who are elected by popular favor, already find too little for their own ambition. To preserve it, rulers of free States practise a lesson they have received from eastern tyrants : and as these, to preserve the succession, put out the eyes of all that may approach the seat of power, so those strive to blind the people, whose discernment they fear may expel them from it. I will not wear your patience and my own, by contending with those chimeras they have raised, to fright the people from remedying the only real defect of this government ; nor will I dwell upon that wretched system of policy which has sunk the interest and reputation of such States in the great council of America, and drawn upon them the hatred and contempt of their neighbors. Who will deny that the most serious evils daily flow from the debility of our federal constitution? Who but owns that we are at this moment colonies, for every purpose but that of internal taxation, to the nation, from which we vainly hoped our sword had freed us ? Who but sees with indignation, British ministers daily dictating laws for the destruction of our commerce? Who but la- ments the ruin of that brave, hardy, and gener- ous race of men, who are necessary for its sup- port? Who but feels that we are degraded from the rank we ought to hold among the na- tions of the earth? Despised by some, mal- treated by others, and unable to defend our- selves against the cruel depredations of the most contemptible pirates. At this moment, yes, great God, at this moment, some among those, perhaps, who have labored for the estab- lishment of our freedom, are groaning in bar- barian bondage. Hands that may have wielded the sword in our defence, are loaded with chains. Toilsome tasks, gloomy prisons, whips and tortures are the portion of men who have triumphed with us and exulted in the idea of giving being to nations and freedom to unnum- bered generations. These, sirs, these are a few of the many evils that result from the want of a federal govern^ ment. Our internal constitutions may make us happy at home, but nothing short of a federal "/i one can render us safe or respectable abroad.^ Let us not, however, in our eagerness to attain ^> - one, forget to preserve the other inviolate ; for , ^ better is distress abroad, than tyranny or an- archy at home. A precious deposit is given into our keeping ; we hold in our hands the fate of future generations. While we acknowl- edge that no government can exist without con- fidence in the governing power, let us also re- member that none can remain free where that confidence is incautiously bestowed. How, gentlemen, shall I apologize for having obtruded this serious address upon the gayeties of this happy day? I told you, and told you truly, that I was ill qualified to play the holiday orator ; and I might have added, that the joy of this day is ever attended, in my mind, with a thousand mingled emotions. Reflection of the past brings to memory a variety of tender and interesting events ; while hope and fear, anxiety and pleasure, alternately possess me, when I endeavor to pierce the veil of futurity. But never, never before, have they pressed up- on me with the weight they do at present. I feel that some change is necessary ; and yet I dread, lest the demon of jealousy should pre- vent such change, or the restless spirit of inno'- vation should carry us beyond what is neces- sary. I look round for aid ; I see in you a band of patriots, the supporters of your country's rights ; I feel myself indebted to you for the freedom we enjoy ; I know that your emotions cannot be very different from my own ; and I strive, by giving you the same views on these important subjects, to unite your efforts in the PURSE AND SWOED. 855 common cause. Let us then preserve pure and perfect those principles of friendship for each other — of love for our country, of respect for the Union, which supported us in our past dif- ficulties. Let us reject the trammels of party, and, as far as our efforts will go, call every man to the post his virtues and abilities entitle him to occupy. Let us watch with vigilant atten- tion over the conduct of those in power ; but let us not, with coward caution, restrain their efforts to be useful; and let us implore thai omnipotent Being, who gave us strength and wisdom in the hour of danger, to direct our great council to that happy mean which may afford us respect and security abroad, and peace, liberty, and prosperity at home. PURSE AND SWORD. Much has been said, sir, about the sword and the purse. These words convey very confused ideas on the gentleman's application of them. The honorable member from New York has fuUy explained their meaning, as applied to the British government. His reasoning was so con- clusive that it seems to have carried conviction to every mind. The gentleman from Dutchess, to elude it, has made use of a singular shift. Says he, the general government and state gov- ernments form one government. Let us see how this matter stands. The States of Penn- sylvania and New York form two distinct gov- ernments ; but New York, Pennsylvania, and the general government, together form one government. The United States and New York make another government; the United States and Connecticut another, and so on. To the gentleman's optics, these things may be clear ; but to me they are utter darkness. We have thirteen distinct governments, and yet they are not thirteen governments, but one government. It requires the ingenuity of St. Athanasius to understand this political myste- ry. Were the gentleman a minister of the gospel, I might have/aiiAy but I confess my reason is much too weak for it. Sir, we are attempting to build one government out of thirteen ; preserving, however, the States, as parts of the system, for local purposes, and to give it support and beauty. The truth is, the States, and the United States, have distinct objects. They are both supreme. As to na- tional objects, the latter is supreme ; as to in- ternal and domestic objects, the former. I can easily conceive of two j(?int tenures, and of joint jurisdictions without control. If I want- ed an example, I might instance the mine, Mr. Chairman, in which you and others have a joint property and concurrent jurisdiction. But why should the States hold the purse ? How are they to use it? They have not to pay the civil list, to maintain the army or navy. What will they do with it? What is the sword, which the gentlemen talk of? How is Con- gress to defend us without a sword ? You will also keep that. How shall it be handled? Shall we all take hold of it ? I never knew, till now, the design of a curious image I have seen at the head of one of our newspapers. I am now convinced that the idea was prophetic in the printer. It was a figure of thirteen hands, in an awkward position, grasping a per- pendicular sword. As the arms which sup- ported it were on every side, I could see no way of moving it, but by drawing it through, with the hazard of dangerously cutting the lin- gers. For my own part, I should be for cry- ing, "hands off!" But this sword of the gentlemen's is a visionary sword — a mere emp- ty pageant ; and yet they would never trust it out of the State scabbard, lest it should wound somebody. They wish for checks against what can do no harm. They contend for a phantom. Gentlemen should consider their arguments be- fore they come here. Sir, our reasoning on this ground is conclusive. If it be necessary to trust our defence to the Union, it is neces- sary that we should trust it with the sword to defend us, and the purse to give the sword ef- fect. I have heard not a shadow of an argu- ment to shake the truth of this. But the gen- tlemen will talk — it is expected. It is necessary that they should support, in this House, the opinions they have propagated out of doors, but which perhaps they had themselves too hastily formed.* * From Chancellor Livingston's Speech in the New Tort Convention for the adoption of the Federal Coi stltation. H. H. BRACKENRIDGE. This eminent judge, poet, and satirical writer, was born, near Oampbelton, in Scotland, ia the year 1748. His father was a poor but respectable farmer, who emigrated with his family to America in the year 1753, and settled on a small leasehold, in York county, Pennsylvania, west of the Susquehanna, and near the borders of Maryland. Encouraged in his studious efforts by an affectionate and intelligent mother, young Bracken- ridge, with the assistance of the parish clergyman, who instructed him in Greek and Latin, be- became competent to teach at the age of fifteen. For that purpose he applied for a situation in a free school in Maryland, and secured the position. His youth exposed him to opposition from some of the older pupils, and his authority was, in one instance, resisted by force, when " he seized a brand from the fire, knocked the rebel down, and spread terror around him." Eelin- quishing this school, he entered an advanced class in the college of New Jersey, where he sup- ported himself through the course by performing the duties of a tutor. He graduated in 1771, and on taking his degree, in conjunction with Philip Freneau, the "revolutionary p^«t," de- livered a poem in dialogue, on The Rising Glory of America. He remained a tutor in the col- lege after graduating, and studied divinity, and subsequently took charge of an academy in Maryland, where he continued several years. On the commencement of the scenes of the Revo- lution, he wrote a dramatic production, entitled Bunkerr'i Hill, which was recited by his pupils, and subsequently printed at Philadelphia.* In 1776 Mr. Brackenridge went to Phitadelphia, and assumed the editorial department of the United, States Magazine. An anecdote of his editorship is given by his son, in the interesting memoir of his father. " At one time the magazine contained some severe strictures on the cele- brated Grenei'al Lee, and censured him for his conduct to Washington. Lee, in a rage, called at the office, in company with one or two of his aids, with the intention of assaulting the editor. He knocked at the door, while Mr. Brackenridge, looking out of the upper story window, in- quired what was wanting? ' Come down,' said Lee, 'and I'll give you as good a horse-whip- ping as any rascal ever received.' 'Excuse me. General,' said the other, 'I would not go down for two such favors. " During the revolutionary war, Brackenridge was a chaplain in the patriot army, and preached political sermons in the camp. On the fifth of July, 1779, he delivered, in Philadelphia, an eulogium on the brave men who had fallen in the contest with Great Britain, This effort wiU be found in the present volume. Unable to yield a fuU assent to all the tenets of the Scotch Presbyterian Church in which he had been educated, Mr. Brackenridge relinquished the profession of theology and commenced the study of law in the ofiioe of Samuel Chase, at Annapolis. In 1781, he settled at Pittsburg, west of the AUeghanies, which he deemed favorably situated for rapid growth, and engaged zealously in its improvement. Here he entered the arena of politics, in which he became dis- tinguished as one of the supporters of the acts and principles of the Democratic party. He was * Thp Poem on the Rising Glory of America, before noticed, was published in Philadelphia, in 1771, and The BaUU ofBwnker^s IMl was printed at the same place, in 1776. Both of these publications are preserved in the Library of th« New York Historical Society. H. H. BEAOKENRIDGE. 357 a participator in tlie "Whiskey Insurrection in western Pennsylvania, in 1794, and, when thai affair was over, published an account of it, in which he took pains to vindicate his course. In 1796, he published the first part of his Modern Ohivalry, or the Adventures of Captain Farrago, and Teague CSegan, his servant, in which he gives some portions of the experience of his own life ; and ten years after published the second part. In 1799, Mr. Brackenridge " was a supporter of Jefferson and M'Kean,'' says his son, " an enthusiast in the cause of France, and from his high temperament, incapable of pursuing any thing in moderation. He was also involved in a personal difference with the presiding judge of the court, in which he practised, and fearful that he might be provoked to do something which might be taken advantage of, he resolved to retire from practice. He wrote with the pungency and force of a Junius, and spoke with the inspired eloquence of a Henry ; it is there- fore not to be wondered at, that he soon became a formidable politician. He purchased types and press, and set up a young man as editor of a paper, which he previously named the 7¥ee of Liberty, with a motto from Scripture — And the lea/ces of the tree shall he for the healing of the nation. * * * He wrote a number of things, sometimes in prose and sometimes in verse, which I read with great delight, and often committed to memory. * * * * jjjg great majority, both in town and country, was then on the federal side ; but fifty republicans could be mustered in Pittsburg, and not aU these were entitled to put a ticket into the baUot- box. The success in the elections of M'Kean and Jefferson soon effectec a numerical change." By the former Mr. Brackenridge was placed on the bench of the Supreme Court of Pennsylva- nia, where he presided with ability and honor until his last illness, which closed Ms career at Carlisle, where he had removed on his appointment as judge, on the twenty-fifth of June, 1816. Judge Brackenridge possessed rare social qualities. "His conversation," says his son, "abounded with wit and eloquence, and original views on every subject. He was an improvisatenr of the first order. Jeffrey in one of the numbers of the Edinburgh Review, says that Matthews was inferior to him in relating a story. He was entirely different; there was no buffoonery or broad humor, either in the choice of his subject or in his manner. Compared to the stories of Matthews, it was genteel comedy or tragedy compared to broad farce. He generally walked about, and seemed to require this, in order to give fuU play to his powers. It is remarkable, that what he said on the bench while seated, had nothing of his usual eloquence ; and when he was eloquent there, which was but seldom, he rose upon his feet. "He frequently dictated to me, sometimes chapters for 'Modern Chivalry,' sometimes es- says for various newspapers, chiefiy on European polities, with which he was singularly cor - versant. It was difficult to keep pace with him. He directed the punctuation of every sentence as he went along. He had been in this habit for a great many years. His handwriting had be- come so bad, that it was almost impossible for any one to decipher it ; so much so that a trick was once played upon him by a gentleman who sent back one of his letters which he could not read, first tearing off the signature and putting his own in the place of it : my father attempted in vain to make out the scrawl ! He often dictated his verse as well as his prose. I remember when a small boy, having committed to memory some lines on General Wayne, which were composed in bed, and dictated in the morning to one of the students. No one was ever more careless in preserving his compositions. He troubled himself as little about them as he did for the fugitive effusions of his discourse. He once dictated to' me a Pindaric ode on hearing the report of the death of Governor M'Kean, which turned out to be false." * Mr. Brackenridge's gazette publications were collected and published in 1806, and the Law of Miscellanies, con- taining instructions for the study of the law, in 1814. t * Eecollectiona of Places and Persons in the West, by H. M. Brackenridge, published in 1885. t The editor is indebted for the material of this sketch, to the Biographical Notice of Judge Brackenridge, by his eon, ippended to Modem Chivalry : edition, 1846: :<► the sketch in Duyckink's Cyclopsedia of American Literature, and Wc notice in Allen's Biographical Dictionary. 368 H. H. BEIAOKENEIDGE. AN E0LOGIUM. This oration ia honor "of the brave men who have fallen in the contest with Great Britain,'' was delivered by Judge Bracken- ridge, on Monday, the fifth of July, 1779, " before a numerous and respectable assembly of citizens and foreigners in the German Oal- vinist Church," at PhiladeljAia : — - — Heroes then arose ; Who, scorning coward self, for others liv'd, Toil'd for their ease, and for their safety bled. TUOM89H, It is the high reward of those who have risked their lives in a just and necessary war,* that their names are sweet in the mouths of men, and every age shall know their actions. I am happy in having it in my power, before a polite assembly, to express what I think of those who have risked their lives in the war of America. I know my abilities rise not to a level with so great a subject, but I love the memory of the men, and it is my hope, that the affection which I feel, will be to me instead of genius, and give me warm words to advance their praises. I conceive it as the first honor of these men, that, before they engaged in the war, they saw it to_bgja§tand necessary. They were not the vassals ofa proud' chieftain rousing them, in barbarous times, by the blind impulse of at- tachment to his family, or engaging them to espouse his quarrel, by the music and enter- tainment of his hall. They were themselves the chieftains of their own cause, highly in- structed in the nature of it, and from the best principles of patriotism, resolute in defence. They had heard the declaration of the Court and Parliament o£ Great Britain, claiming the authority of binding them in all cases what- soever. They had examined this claim, and found it to be, as to its foundation, groundless ; as to its nature, tyrannical, and in its conse- quences, ruinous to the peace and happiness of both countries. On this clear apprehension and decided judgment of the cause, ascertained by their own reason, and collected from the best writers, it was the noble purpose of their minds to stand forth and assert it, at the ex- pense of fortune, and the hazard of their lives. These brave men were not soldiers by pro- fession, bred to arms, and from a habit of mil- itary life attached to it. They were men in the easy walks of life ; mechanics of the city, merchants of the counting-house, youths en- gaged in the literary studies, and husbandmen, peaceful cultivators of the soil. Happy in the sociability and conversation of the town, the simplicity and innocence of the country village, or the philosophic ease of academic leisure, and * Tacitus, the sweets of rural life, they wished not a change of these scenes of pleasure, for the dangers and calamities of war. It was the pure love of virtue and of freedom, burning bi-ight within their minds, that alone could engage them to embark in an undertaking of so bold and perilous a nature. These brave men were not unacquainted with the circumstances of their situation, and their unprepared state of war. Not a bayonet was anvUled out, not a fire-arm was in their possession. No redoubt was cast up to secure the city, no fort was erected to resist invasion, no gun mounted on the battery, and no vessel launched upon tlfe stream. The power of Britain, on the other hand, was well known, and by the lightning of her orators, in a thousand writings and harangues, had been thrown, in full force, upon their minds. They were taught to believe her (what indeed she was) old in arts and in arms, and enriched with the spoils of a thousand victo- ries. Embraced with the ocean as her favorite, her commerce was extensive, and she sent her ships to every sea. Abounding in men, her ar- mies were in fuU force, her fleets were com- pletely manned, her discipline was regular, and the spirit of her enterprise, by sea and land, had, in most cases, insured her successes. The idea of resistance to the power of Britain was indeed great ; but the mighty soul of the patriot drank it in, and, like the eagle on the mountain-top, collected magnanimity from the very prospect of the height from which he meant to soar. Like the steed who swallows the distant ground with his fierceness,* he at- tempts the career, and poured himself upon the race. The patriot quits his easy, independent walk of life, his shop, his farm, his ofiice, and his counting-house, and with evei-y hope and every anxious thought, prepares himself for war. The materials of gunpowder are extracted from the earth ; the bayonet is anviUed out ; the fire- arm is manufactured in the shop ; the manual exercise is taught ; the company is formed in battalion ; the battalion is Instructed to ma- noeuvre on the field; the brigade is drawn forth ; and the standard of defiance is planted on the soil. Shall I mention the circumstances of the day when the sword was drawn, and the first blood was shed ? and shall I trace the progress of the war in the course of five campaigns ? The nar- ration would require the space of an entire day. I can mention but the sum of things, and on'y tell you that the inroad of the foe has been sus- tained upon the plain, and the forward and im- petuous bands have been driven over the dis- daining ground which they had measured in ♦Book of Job. AN EULOGIUM. 859 »dvance. The hill has heen defended, and the repulsed and rallying foe has been taught to understand that the valor of Amei'ica was wor- thy of the cause which her freemen have espoused. The wilderness has been surmount- ed in the march. It has been fought, foot to foot, and point to point, in skirmishes, and night surprises, and in pitched battles, with alternate hope and dubious success. The enemy, beaten in one State, has retired to a second, and beaten in the second, he has returned to the first ; beaten in every State, he has sought the water, and, like a sea-monster rolling to the deep, has washed his wounds in the brine of ocean. Rising from the ocean, he has sought the land, and advanced with a slow and suspicious step upon the hostile territory. War is again arisen, and it has been fought from spring to autumn, and from autumn to spring, through the heat of summer and the inclemencies of winter, with unabated ardor and unshaken perseverance. What tract of country has not been marked with the vestiges of war? What ground has not been cut with trenches ? What hill has not been covered with redoubts ? What plain has not been made the scene of the engage- ment ? What soil of our whole earth has not been sowed with ball ? These have been the toils of the heroes of our army ; but the brave men whom we this day celebrate, have added to their toils the loss of life. They have fallen in the contest. These of them in the long and laborious march — these by the fever of the camp. These have fallen when, advancing on the enemy, they have re- ceived the bayonet in their breast ; or, high in hope, and anxious of victory, they have dropped by the cannon or the musket ball. For what cause did these brave men sacrifice their lives ? For that cause which, in all ages, has engaged the hopes, the wishes, and endeav- ors of the best of men — tUe caiise of Liberty. LiBEETT ! thou art indeed valuable — the source of all that is good and great upon the earth ! For thee the patriot of America has drawn his &word, and has fought, and has fallen. What was in our power we have done with regard to the bodies of these men; we have paid them military honors ; we have placed them in their native earth ; and it is with veneration that we yet view their tombs upon the furzy glade, or on the distant hilL Ask me not the names of these. The muses shall tell you of them, and the bards shall woo * them to their sons. The verse which shall be so happy as to embrace the name of one of these shall be immortal. The names of these shall be read with those of Pelopidas, Epaminondas, and the worthies of the world. Posterity shall quote them for parallels and for examples. When they mean to dress the hero with the fairest praises, they shall say he was gallant and distinguished in his early fall as Warren ; prudent and intrepid as Montgomery ; faithful * PUny. and generous as Maopherson ; he fell in the bold and resolute advance, like Haslet and like Mercer ; he saw the honor which his valor had acquired, and fainted in the arms of victory, like Herkimer; having gallantly repulsed the foe, he fell, covered with wounds, in his old age, like Wooster. The names of these brave men shall be read ; and the earth shall be sensible of praise where their bodies are deposited. Hill of Boston,* where the God of arms gave uncommon valor to the patriot ! Here the muses shall observe the night, and hymn heroic acts, and trim their lighted lamps to the dawn of morning. The little babbling mystic brook, shall bear the melody, and stealing with a silver foot, shall tell it to the ocean. Hills within prospect of the York city, where the enemy, rejoicing at his early strength, adventured and fought, or where, refusing the engagement, he fled with precipitation to his ships ! On you the tomb of the hero is beheld, and fancy walking round covers it with shades. Grounds in the neigh- borhood of this city,t where the foreigner shall inquire the field of battle, and the citizen shall say with conscious pride, as if the honor were his own, this is the tomb of Witherspoon ; that is the ground where Nash fell ! Plains washed by the Ashley and Oooper, and before the walls of Charleston! — Here has the hero fallen, or rather he has risen to eternal honor, and his birth-place shall be immortal. His fame, like a vestal lamp, is lighted up. It shall burn, with the world for its temple — and the fair assem- blies of the earth shall trim it with their praise. Having paid that respect to the memory of these men, which the annual return of this day demanded, it remains that we soothe the grief of those who have been deprived of a father, bereaved of a son, or who have lost a brother, a husband or a lover in the contest. Fathers, whose heroic sons have offered up their lives in the contest; it is yours to recollect, that their lives were given them for the service of their country. Fathers ! dismiss every shade of grief; you are happy in having been the progenitor of him who is written with the heroes of his country. Sons ! whose heroic fathers have early left you, and in the conflict of the wai', have mixed with departed heroes ; be congratulated on the fair inheritance of fame which you are entitled to possess. If it is at all lawful to array our- selves in borrowed honor, surely it is best drawn from those who have acted a distin- guished part in the service of their country. If it is at all consistent with the feelings of philo- sophy and reason to boast of lineal glory, surely it is most allowable in those who boast of it as flowing from such source. We despise the un- instruoted mind of that man who shall obtrude upon our ears the ideas of a vain ancestral honor ; but we love the youth, and transter to * Bunker's Hill + PhikdelpUa. 860 H. H. BEACKEJ!TEIDGE. him the reputation ot his father, who, when the rich and haughty citizen shall frown upon him as ignobly descended, shall say, " I had a father who has fallen in the service of his country." When after times shall speak of those who have risen to renown, I will charge it to the golden-winged and silver-tongued bards, that they recollect and set in order every circum- stance ; the causes of the war ; early and just exertions, the toils, hazardous achievements, noble resolution, unshaken perseverance, un- abated ardor ; hopes in the worst of times, triumphs of victory ; humanity to an enemy. All these will I charge it, that they recollect and set in order, and give them bright and un- sullied to the coming ages. The bards I know will hear me, and yon, my gallant countrymen, shall go down to posterity with exceeding honor. Tour fame shall ascend on the current of the stream of time. It shall play with the breezes of the morning. Men at rest, in the cool age of life, from the fury of a thousand wars finished by their fathers, shall observe the spreading ensign. They shall hail it, as it waves with variegated glories ; and feeling all the warm rapture of the heart, shall give their plaudit from the shores. JHARLES PINCKNEY. The history of Ohar. es Pinokney, a man whose name is connected with many of the most important transactions in the affairs of the United States, lives almost altogether in tradition, and the few facts that exist relating to his career, are meagre and unsatisfactory. He was horn in the year 1758. Owing to the want of schools and universities in the colonies, and in accord- ance with a custom then prevalent among those who could not afford to send their youth to the educational institutions of the mother country, Mr. Pinckney perfected himself in the branches of a liberal education, under the guidance of a tutor, in his own home. At the commencement of the revolutionary diificulties, he entered the contest in defence of the rights of the colonists, and, although quite a young man, became uncommonly active in urging the strongest resistance to the arbitrary and unjust exactions of the British king and ministry. After the success of the Americans at Saratoga, he was appointed a colonel, and distinguished himself alike by his personal bravery, patriotism, and military knowledge. Like his great co-patriot. Governor Gadsden, "wherever his country placed him, whether in the civil or military department— whether as corporal or colonel," he cheerfully served to the utmost of his ability. The wife of Colonel Pinokney is distinguished as one of those heroic and self-sacrificmg women of the revolution, whose " intrepidity and fortitude lent so able a support to the cause of their country." An incident in her life is recorded in Garden's interesting Anecdotes of the Be/volution. "A British officer of rank once said to Mrs. Pinokney: ' It is impossible not to admire the intrepid firmness of the ladies of your country. Had your men but half their reso- lution, we might give up the contest. America would be invincible.' " Colonel Pinckney was chosen a delegate from South Carolina, to the Federal Convention, which met at Philadelphia in the month of May, 1787. His services in that assembly were able and effective. A few days after the meeting of the convention, he submitted a plan of govern- ment, and advocated its adoption by the body with great clearness. His remarks on this subject were published after the close of the convention, and are included in the present collection. In 1789, he was elected governor of South Carolina, succeeding in that office the celebrated patriot and statesman, Thomas Pinckney.* He continued in this station until 1792, discharging his * Thomas Pinckney was a distant, if any, relation to Charles Pinckney. He was governor of South Carolina during the years 1787, 1788, and 1789, and distinguished himself by his patriotism, zeal, and military talents. Pursuing his studies In Europe, previous to the Eevolutlon, the dawn of hostilities towards his country >i3 sooner appeared, than renouncing his professional pursuits, his whole attention was given to the acquisition of military knowledge, and so rapid was his pro- ficiency that the rudiments of discipline were first taught by him to the infantry of the South Carolina line. A mutiny among the troops at an early period of the war, afforded an opportunity of manifesting that firmness and decision, so characteristic of him as a soldier. Persuasion having been first employed, without avail, while other oflicers indulged in menaces and upbraidings, Pinckney, unawed by their threats, and regardless of personal safety, walked deliberately into the midst of the mutineers, and with a blow of his sabre cut down the ringleader. The effect was instantaneous — the cry for pardon was universal, and the order to disperse obeyed without a murmur. At the battle of Stono-Ferry, and tho attack on Savannah, his exertions gained him the highest applause. In 1780, he was wounded and taken prisoner by the British. He was appointed minister to London during the administration of Washington, and returned to America in December, 1796. The same year he was candidate with John Adams in the votes for President and Vice-President. I« 1800, he was chosen a member of Congress. He died November 2d, 1823 362 CHARLES PINOKNEY. trust with fidelity, and to the satisfaction of his fellow-oitizens. During liis administration, the present constitution of South Carolina went into effect. Again, in 1796, he was chosen governor, and remained in office until his election to the United States Senate, in 1798. Shortly after, Mr •Jefferson appointed him amhassador at the court of Spain, on the termination of which charge; he was a third time elevated to the governorship of South Carolina. He died on the twenty ninth of Octoher, 1824.* FEDERAL CONSTITUTION. A few days suhsequent to the meeting of the Federal Convention at Philadelphia, in May, 1787, Mr. Pinckney submitted to that assembly a " Plan of a Federal Constitution," t which he supported with the following observations, de- livered at different times during the debates. J Mb. Pbesidbnt: It is perhaps unnecessary to state to the House the reasons which have given rise to this Convention. The critical and embarrassed situation of our public affairs is, no doubt, strongly impressed upon every mind. I well know, it is an undertaking of much delica- cy, to examine into the cause of public disorders, but having been for a considerable time con- cerned in the administration of the Federal Sys- tem, and an evidence of its weakness, I trust the indulgence of the House will excuse me, while I endeavor to state with conciseness, as well the motives which induced the measure, as what ought, in my opinion, to be the conduct of the convention. There is no one, I believe, who doubts there is something particularly alarming in the pres- ent conjuncture. There is hardly a man in or or out of office, who holds any other language. Our government is despised — our laws are robbed of their respected terrors — their inac- tion is a subject of ridicule — and their exertion, of abhorrence and opposition — rank and office have lost their reverence and effect — our for- eign politics are as much deranged, as our domestic economy — our friends are slackened in their affection, and our citizens loosened from their obedience. We know neither how to yield or how to enforce — hardly any thing abroad or at home is sound and entire — discon- nection and confusion in offices, in States and in parties, prevail throughout every part of the Union. These are facts universally admitted and lamented. ♦ Simms' History of South Carolina : Kamsay, Yol. 2 ; and Allen's Biographical Dictionary, t See Madison Papers, vol. 5, of Elliot's Debates; pp. 129 and 5TS. :j: Observations on the Plan of Government submitted^to tho Federal Convention in Philadelphia, on the 28th of May, 178T, by Mr. Charles Pinckney, delegate from the State of South Carolina. Delivered at different times in the course )f their discussions. New York: printed by Francis Child. This state of thin^ is the more extraordinary because it immediately follows the close of a war when we conceived our political happiness was to commence; and because the pai'ties which divided and were opposed to our systems are known to be in a great measure dissolved. No external calamity has visited us — we labor under no taxation that is new or oppressive, nor are we engaged in a war with foreigners, or in disputes with ourselves. To what, then, are we to attribute our embarrassments as a nation ? The answer is an obvious one : To the weakness and impropriety of a government founded in mistaken principles — incapable of combining the various interests it is intended to unite and sup- port, and destitute of that force and energy, without which no government can exist. At the time I pronounce in the most decided terms this opinion of our confederation, per- mit me to remark that, considering the circum- stances under which it was formed — in the midst of a dangerous and doubtful war, and by men totally inexperienced in the operations of a system so new and extensive, its defects are easily to be excused. We have only to lament the necessity which obliged us to form it at that time, and wish that its completion had been postponed to a period better suited to de- liberation. I confess myself in sentiment with those who were of opinion that we should have avoided it if possible during the v.'ar — that it ought to have been formed by a convention of the States, expressly delegated for that purpose, and ratified by the authority of the people. This indispensable power it wants, and is there- fore without the validity a federal constitution ought certainly to have had. In most of the States it has nothing more, strictly speaking, than a legislative authority, and might there- fore be said, in some measure, to be under the control of the State legislatures. Independent of this primary defect of not having been formed in a manner that would have given it an authority paramount to the constitutions and laws of the several States, and rendered it impossible for them to have inter- fered with its objects or operations, the first principles are destructive and contrary to those maxims of government "which have been re- ceived and approved for ages. In a government where the liberties of the people are to be preserved and the laws well THE FEDERAL CONSTITUTION. 36S administered, the executive, legislative, and ju- dicial should ever be separate and distinct, and consist of parts mutually forming a check upon each other. The confederation seems to have lost sight of this wise distribution of the pow- ers of government, and to have concentred the whole in a single unoperative body, where none of them can be used with advantage or efl'ect. The inequality of the principle of rep- resentation, where the largest and most .incon- siderable States have an equal vote in the affairs of the Union ; the want of commercial powers ; of a compelling clause to oblige a due and punctual obedience to the confederation ; a provision for the admission of new States ; for an alteration of the system by a less than unani- mous vote; of a general guarantee, and, in short, of numerous other reforms and establish- ments, convince me, that upon the present oc- casion, it would be politic in the convention to determine that they will consider the subject de novo ; that they will pay no farther atten- tion to the confederation than to consider it as good materials, and view themselves as at lib- erty to form and recommend such a plan as, from their knowledge of the temper of the peo- ple and the resources of the States, will be most likely to render our government firm and united. This appears to me far more proper than to at- tempt the repair of a system not only radically defective in principle, but which, if it was pos- sible to give it operation, would prove absurd and oppressive. You must not hesitate to adopt proper measures, under an apprehension the States may reject them. From your delibera- tions much is expected ; the eyes as well as hopes of your constituents are turned upon the convention ; let their expectations be gratified. Be assured that however unfashionable for the moment your sentiments may be, yet, if your system is accommodated to the situation of the Union, and founded in wise and liberal princi- ples, it will in time be consented to. An en- ergetic government is our true policy, and it wUl at last be discovered and prevail. Presuming that the question will be taken up de novo, I do not conceive it necessary to go into a minute detail of the defects of the pres- ent confederation, but request permission to submit, with deference to the House, the draft of a government which I have formed for the Union. The defects of the present will appear in the course of the examination. I shall give each article that either materially varies or is new. I well know the science of govem- 1 ment is at once a delicate and diflicult one, and none more so than that of republics. I confess my situation or experience have not been such as to enable me to form the clearest and justest opinions. The sentiments I shall offer are the result of not so much reflection as I could have wished. The plan will admit of import- ant amendments. I do not mean at once to oflFer it for the consideration of the House, but have taken the liberty of mentioning it, because it was my duty to do so. The first important alteration is that of the principle of representation and the distribution of the different powers of government. In the federal councils, each State ought to have a weight in proportion to its importance ; and no State is justly entitled to a greater. A repre- sentation is the sign of the reality. Upon this principle, however abused, the Parliament of Great Britain is formed, and it has been uni veivsally adopted by the States in the formation of their legislatures. It would be impolitic in us, to deem that unjust, which is a certain and beneficial truth. The abuse of this equality has been censured as one of the most danger- ous corruptions of the Enghsh constitution ; and I hope we shall not incautiously contract a disease that has been consuming them. Nothing but necessity could have induced Congress to ratify a confederation upon other principles. It certainly was the opinion of the first Con- gress in 1774, to acquire materials for forming an estimate of the comparative importance of each State ; for, in the commencement of that session, they gave as a reason, for allowing each colony a vote, that it was not in their power at that time, to procure evidence for determining their importance. This idea of a just repre- sentation seems to have been conformable to the opinions of the best writers on the subject, that in a confederated system, the members ought to contribute according to tlieir abilities and have a vote in proportion to their impor- tance. But if each must have a vote, it can be defended upon no other ground, than that of each contributing an equal share of the public burden : either would be a perfect system. The present must ever continue ii'reconcilable to justice. Montesquieu, who had very maturely considered the nature of a confederated gov- ernment, gives the preference to the Lycian, which was formed upon this model. The as- signing to each State its due importance in the federal councils at once removes three of the most glaring defects and inconveniences of the present confederation. The first is the inequal- ity of representation ; the second is, the altera- tion of the mode of doing business in Congress ; that is, voting individually, and not by States ; the third is, that it would be the means of in- ducing the States to keep up their delegations by punctual and respectable appointments. The dilatory and unpleasant mode of voting by States must have been experienced by all who were members of Congress. Seven are neces- sary for any question, except adjourning, and nine for those of importance. It seldom hap- pens that more than nine or ten States are rep- resented. Hence it is generally in the power of a State or of an individual, to impede the operations of that body. It has frequentlj happened, and, indeed, lately there have rarely been together upon the floor a sufiicient num- ber of States to transact any but the most trifling business. When the different branches of government are properly distributed, so as to make each operate upon the other as • 364 OHAELES PINOKNET. sheok, the apportioning the representation ac- cording to the weight of the members, will enable us to remove these diflBouIties, by making a majority of the Houses, when constituted, capable of deciding in all, except a few cases, where a larger number may be thought neces- sary. The division of the legislative will be found essential, because in a government where so many important powers are intended to be placed, much deliberation is requisite. No possibility of precipitately adopting improper measures ought to be admitted, and such checks should be imposed, as we find, from experience, have been useful in other governments. In the Parliament of Great Britain, as well as in most and the best instituted legislatures of the States, we find not only two branches, but in some a council of revision, consisting of their executive and principal officers of government. This I consider as an improvement in legislation, and have therefore incorporated it as a part of the system. It adds to that due deliberation, with- out which no act should be adopted ; and If in the affairs of a State government these re- straints have proved beneficial, how much more necessary may we suppose them in the man- agement of concerns so extensive and im- portant? The Senate, I propose to have elected by the House of Delegates, upon proportionable prin- ciples, in the manner I have stated, which, though rotative, wiU. give that body a sufficient degree of stability, and independence. The districts, into wliich the Union is to be divi- ded, wUl be so apportioned as to give to each its due weight, and the Senate, calculated in this, as it ought to be in every government, to represent the wealth of the nation. No mode can be devised more likely to secure their in- dependence, of either the people or the House of Delegates, or to prevent their being obliged to accommodate their conduct to the influence or caprice of either. The people, in the first instance, will not have any interference in their appointment, and each class being elected for four years, the House of Delegates, which nominate, must, from the nature of their insti- tution, be changed, before the times of the Senators have expired. The executive should be appointed septenni- ally, but his eligibility Ought not to be limited : He is not a branch of the legislature farther, than as a part of the council of revision, and the suffering him to continue eligible will not only be the means of ensuring his good be- havior, but serve to render the office more re- spectable. I shall have no objection to elect him for a longer term, if septennial appoint- ments are supposed too frequent or unneces- sary. It is true that in our government he can- not be clothed with those executive authorities, ohe chief magistrate of a government often possesses ; because they are vested in the legis- lature and cannot be used or delegated by them in any but the specified mode. Under the new system it will be found essentially necessary to have the executive distinct. His duties will ba to attend to the execution of the acts of Con- gress by the several States, to correspond with them upon the subject ; to prepare and digest in concert with the great departments such business as wUl come before the legislative at their stated sessions : to acquire, from time to time, as perfect a knowledge of the situation of the Union, as he possibly can, and to be charged with all the business of the home de- partment. He will be empowered, whenever he conceives it necessary, to inspect the depart- ments of foreign affairs, of war, of treasury, and when instituted, of the admiralty. This inspection into the conduct of the departments will operate as a check upon those officers, keep them attentive to their duty, and may be the means in time not only of preventing an(? correcting errors, but of detecting and punish- ing mal-practices. He will have a right to con- sider the principals of these departments as his council, and to acquire their advice and assist- ance, whenever the duties of his office shall render it necessary. By this means our gov- ernment wiU possess what it has always want- ed, but never yet had, a cabinet council. An institution essential in all governments, whose situation or connections oblige them to have an intercourse with other powers. He will be the commander-in-chief of the land and naval forces of the United States ; have a right to convene and prorogue the legislature upon special occa- sions, when they cannot agree as to the time of their adjournment; and appoint all officers, except judges and foreign ministers. Inde- pendent of the policy of having a distinct ex- ecutive, it will be found that one on these prin- ciples will not create a new expense: The establishment of the President of Congress' household will nearly be sufficient ; and the ne- cessity, which exists at present, and which must every day increase, of appointing a secre- tary for the home department, will then cease. He will remain always removable by impeach- ment, and it will rest with the legislature, to fix his salary upon permanent principles. The mode of doing business in the Federal Legislature, when thus newly organized, will be the parliamentary one, adopted by the State legislatures. In a council so important, as I trust the Federal Legislature will be, too much attention cannot be paid to their proceedings. It is astonishing that in a body, constituted as the present Congress, so few inaccuracies are to be seen in their proceedings ; for certainly, no assembly can be so much exposed to them as that wherein a resolution may be introduced and passed at once. It is a precipitancy which few situations can justify in deliberative bodies, and which the proposed alteration wUl effectu ally prevent. The 4th article, respecting the extending the rights of the citizens of each State throughout the United States; the delivery of fugitives from justice upon demand, and the giving full I faith and credit to the records and proceedings THE FEDEEAL CONSTITUTION. of each, is formed exactly upon the principles of the 4th article of the present confederation, except with this difference, that the demand of the Executive of a State for any fugitive crimi- nal offender shall be complied with. It is now confined to treason, felony, or other high mis- demeanor ; but as there is no good reason for confining it to those crimes, no distinction ought to exist, and a State should always be at liberty to demand a fugitive from its justice, let his crime be what it may. The 5th article, declaring that individual States shall not exercise certain powers, is also founded on the same principles as the 6th of the confederation. The next is an important alteration of the Federal system, and is intended to give the United States in Congress, not only a revision of the legislative acts of each State, but a nega- tive upon all such as shall appear to them im- proper. I apprehend the true intention of the States in uniting is, to have a firm, national govern- ment, capable of effectually executing its acts, and dispensing its benefits and protection. In it alone can be vested those powers and pre- rogatives which more particularly distinguish a sovereign State. The members which com- pose the superintending government are to be considered merely as parts of a great whole, and only suffered to retain the powers necessary to the administration of their State systems. The idea which has been so long and falsely entertained of each being a sovereign State, must be given up ; for it is absurd to suppose there can be more than one sovereignty within a government. The States should retain nothing more than that mere local legislation, which, as districts of a general government, they can exercise more to the benefit of their particular inhabitants, than if it was vested in the Supreme Council ; but in every foreign concern as well as in those internal regulations, which respect- ing the whole ought to be uniform and national, the States must not be suffered to interfere. No act of the Federal Government in pursuance of its constitutional powers ought by any means to be within the control of the State Legisla- tures ; if it is, experience warrants me in as- serting they will assuredly interfere and defeat its operation. That these acts ought not there- fore to be within their power, must be readily admitted; and if so, what other remedy can be devised than the one I have mentioned. As to specifying that only their acts upon particu- lar points should be subject to revision, you will find it difiioult to draw the line with so much precision and exactness as to prevent their discovering some mode of counteracting a measure that is disagreeable to them. It may be said that the power of revision here asked, is so serious a diminution of the State's impor- tance, that they will reluctantly grant it. This, however true, does not lessen its necessity, and the more the subject is examined, the more clearly will it appear. It is agreed that a re- form of our government is indispensable, and that a stronger federal system must be adopted ; but it will ever be found, that let your system upon paper be as complete and as guarded as you can make it, yet still, if the State assem- blies are suffered to legislate without restriction or revision, your government will remain weak, disjointed, and inefficient. Eeview the ordi- nances and resolutions of Congress for the last five or six years — such, I mean, as they had a constitutional right to adopt — and you wiU scarcely find one of any consequence that has not, in some measure, been violated or neg- lected. Examine more particularly your trea- ties with foreign powers : those solemn national compacts, whose stipulation.« each member of the Union was bound to comply with. Is there a treaty which some of the States have not in- fringed ? Can any other conduct be expected from so many different legislatures being suf- fered to deliberate upon national measures ? Certainly not. Their regulations must ever interfere with each other, and perpetually dis- grace and distract the Federal councils. I must confess I view the power of revision and of a negative as the corner-stone of any reform we can attempt, and that its exercise by Congress will be as safe as it is useful. In a government constituted as this is, there can be no abuse of it. The proceedings of the States which merely respect their local concerns, will always be passed as matters of form, and objections only arise where they shall endeavor to contravene the Federal authority. Under the British Go- vernment, notwithstanding we early and warm- ly resisted their other attacks, no objection was ever made to the negative of the King. As a part of his government, it was considered pro- per. Are we now less a part of the Federal Government than we were then of the British ? Shall we place less confidence in men appointed by ourselves and subject to our recall, than we did in their executive ? I hope not. Whatever views we may have of the impoi-tance or re- tained sovereignty of the States, be assured they are visionary and unfounded, and that their true interests consist in concentring, as much as pos- sible, the force and resom'ces of the Union in one superintending government, where alone they can be exercised with effect. In granting to the Federal Government certain exclusive national powers, you invest all their incidental rights. The term exclusive involves every right or authority necessary to their e:^ecution. This revision and negative of the laws is nothing more than giving a farther security to these rights. It is only authorizing Congress to pro- tect the powers you delegate, and prevent any interference or opposition on the part of the States. It is not intended to deprive them of the power of making such laws as shall be con- fined to the proper objects of State Legislation, but it is to prevent their annexing to laws of this kind, provisions which may in their nature interfere with the regulations of the Federal authority. It will sometimes happen, that a 366 OHARLteS PINOKNET. general regulation whicli is beneficial to the confederacy, may be considered oppressive or injurious, by a particular State. In a mixed government, composed of so many various in- terests, it will be impossible to frame general systems, operating equally upon all its mem- bers. The common benefit must be the crite- rion, and each State must, in its turn, be obliged to yield some of its advantages. If it was pos- sible completely to draw the distinguishing line, so as to reserve to the States the legislative rights they ought to retain, and prervent their exceeding them, I should not object; but it will be found exceedingly difficult, for, as I have already observed, leave them only a right to pass an act, without revision or control, and they will certainly abuse it. The only mode that I can think of for qualifying it, is to vest a power somewhere, in each State, capable of giving their acts a limited operation, until the sense of Congress can be known. To those who have not sufiioiently examined the nature of our Federal system, and the causes of 'its present weakness and disorders, this curb upon the State legislatures may perhaps, appear an improper attempt to acquire a dangerous and unnecessary power. I am afraid the greater part of our citizens are of this class, and that there are too few among them, either acquainted with the nature of their own Republic, or with those of the same tendency which have preceded it. Though our present disorders must be at- tributed in the first instance, to the weakness and ineffioienoy of our government, it must still be confessed, they have been precipitated by the refractory and inattentive conduct of the States ; most of which have neglected alto- gether the performance of their federal duties, and whenever their State-policy or interests prompted, used their retained sovereignty to the injury and disgrace of the Federal head. Nor can any other conduct be expected, while they are suffered to consider themselves as dis- tinct sovereignties, or in any other light than as parts of a common government. The United States can have no danger so much to dread, as that of disunion ; nor has the Federal Gov- ernment, when properly formed, any thing to fear, but from the licentiousness of its members. "We have no hereditary monarchy or nobles, with all their train of infiuence or corruption, to contend with ; nor is it possible to form a Federal Aristocracy. Parties may for a time prevail in the States, but the establishment of an aristocratic infiuence in the councils of the Union, is remote and doubtful. It is the anar- chy, if we may use the term, or rather worse than anarchy, of a pure democracy, which I fear. Where the laws lose their respect, and the magistrates their authority ; where no per- manent security is given to the property and privileges of the citizens; and no measures pursued but such as suit the temporary interest and convenience of the prevailing parties, I cannot figure to myself a government more truly degrading ; and yet, such has been the fate of all the ancient, and probably will be, of all the modern Republics. The progress has been regular, from order to licentiousness ; from licentiousness to anarchy ; and from thence to despotism. If we review the ancient confede- racies of Greece, we shall find that each of them in their turn, became a prey to the tur- bulence of their members, who, refusing to obey the Federal head, and upon all occasions insulting and opposing its authority, afforded an opportunity to foreign powers to interfere and subvert them. There is not an example in history, of a confederacy's being enslaved or ruined by the invasions of the supreme author- ity, nor is it scarcely possible, for depending for support and maintenance upon the members, it will always be in their power to check and prevent its injuring them. The Helvetic and Belgic confederacies, which, if we except the Gryson league, are the only governments that can be called republics in Europe, have the same vices with the ancients. The too great and dangerous infiuence oi" the parts — an influ- ence that will sooner or later subject them to the same fate. In short, from their example, and from our own experience, there can be no truth more evident than this, that, unless our government is consolidated, as far as is practi- scable, by retrenching the State authorities, and concentring as much force and vigor in the Union, as are adequate to its exigencies, we shall soon be a divided and consequently an unhappy people. I shall ever consider the re- vision and negative of the State laws, as one great and leading step to this reform, and have therefore conceived it proper, to bring it int'b view. The next article proposes to invest a number of exclusive rights, delegated by the present confederation, with this alteration: that it is intended to give the unqualified power of rais- ing troops, either in time of peace or war, in any manner the Union may direct. It does not confine them to raise troops by quotas on par- ticular States, or to give them the right of ap- pointing regimental officers, but enables Con- gress to raise troops as they shall think proper, and to appoint all the officers. It also contains a provision for empowering Congress to levy taxes upon the States, agreeable to the rule now in use, an enumeration of the white inhabitants, and three-fifths of other descriptions. The 7th article invests the United States with the complete power of regulating the trade of the Union, and levying such imposts and duties upon the same, for the use of the United States, as shall, in the opinion of Con- gress, be necessary and expedient. So much has been said upon the subjects of regulating trade and levying an impost, and the States have so generally adopted them, that I think it unnecessary to remark upon this article. The intention is, to invest the United States with the power of rendering our maritime regula- tions uniform and efficient, and to enable them to raise a revenue for federal purposes, '.incon- THE FEDEKAL CONSTITUTION. 867 troUable by the States. I thought it improper to fix the percentage of the imposts, because it is to be presumed their prudence will never suffer them to impose such duties as a fair trade will not bear, or such as may promote smug- gling. But as far as our commerce will bear, or is capable of yielding a revenue, without de- pressing it, I am of opinion they should have a right to direct. The surrendering to the fed- eral government the complete management of our commerce, and of the revenue arising from it, will serve to remove that annual dependence on the States, which has already so much de- ceived, and will, should no more effectual means be devised, in the end fatally disappoint us. This article will, I think, be generally agreed to by the States. The measure of regulating trade is nearly assented to by all, and the only objections to the impost being from New York, and entirely of a constitutional nature, must be removed by the powers being incorporated with and becoming a part of the federal sys- tem. The 8th article only varies so far from the present, as in the article of the Post Office, to give the federal government a power not only to exact as much postage as will bear the ex- pense of the office, but also for the purpose of raising a revenue. Congress had this in con- templation some time since, and there can be no objection, as it is presumed, in the course of a few years the Post Office will be capable of yielding a considerable sum to the public treasury. The 9th article, respecting the appointment of federal courts for deciding territorial contro- versies between different States, is the same with that in the confederation; but this may with propriety be left to the supreme judicial. The 10th article gives Congress a right to in- stitute all such offices as are necessary for man- aging the concerns of the Union ; of erecting a federal judicial court for the purposes therein specified ; and of appointing courts of Admiral- ty for the trial of maritime causes in the States respectively. The institution of a federal judi- cial upon the principles mentioned in this arti- cle, has been long wanting. At present there is no tribunal in the Union capable of taking cognizance of their officers who shall misbehave in any of their departments, or in their ministe- rial capacities out of the limits of the United States. For this, as well as the trial of ques- tions arising on the law of nations, the con- struction of treaties, or any of the regulations of Congress in pursuance of their powers, or wherein they may be a party, there ought cer- tainly to be a judicial, acting under the author- ity of the confederacy ; for securing whose in- dependence and integrity some adequate pro- vision must be made, not subject to the control of the legislature. As the power of deciding finally in cases of appeal, and all maritime reg- ulations are to be vested in the United States, the courts of admiralty in the several States, which are to be governed altogether by their regulations and the civil law, ought also to be appointed by them ; it will serve as well to se- cure the uprightness of the judges, as to pre- serve an uniformity of proceeding in maritime cases throughout the Union. The exclusive right of coining money — regu- lating its alloy, and determining in what species of money the common treasury shall be sup- plied — is essential to assuring the federal funds. If you allow the States to coin money, or emit bills of credit, they will force you to take them in payment for federal taxes and duties, for the certain consequence of either introducing base coin, or depreciated paper, is the banishing specie out of circulation ; and though Congress may determine that nothing but specie shall be received iu payment of federal taxes or duties, yet, whUe tlie States retain the rights they at present possess, they will always have it in their power, if not totally to defeat, yet very much to retard and confuse the collection of federal revenues. The payments of the respec- tive States into the treasury, either in taxes or imposts, ought to be regular and uniform in proportion to their abilities ; no State should be allowed to contribute in a different mannei from the others, but all alike in actual money. There can be no other mode of ascertaining this than to give to the United States the exclusive right of coining, and determining in what man- ner the federal taxes shall be paid. In all those important questions, where the present confederation has made the assent of nine States necessary, I have made the assent of two-thirds of both Houses, when assembled in Congress, and added to the number the reg- ulation of trade, and acts for levying an impost and raising a revenue. These restraints have ever appeared to me proper ; and in determin- ing questions whereon the political happiness and perhaps existence of the Union may de- pend, I think it unwise ever to leave the de- cision to a mere majority. No acts of this kind should pass, unless two-thirds of both Houses are of opinion they are beneficial, it may then be presumed the measure is right ; but when merely a majority determines, it will be doubt- ful ; and in questions of this magnitude, where their propriety is doubtful, it will in general be safest not to adopt them. The exclusive right of establishing regula- tions for the government of the militia of the United States, ought certainly to be vested in the federal councils. As standing armies are contrary to the constitutions of most of the States and the nature of our government, the only immediate aid and support that we can look up to, in case of necessity, is the militia. As the several States form one government united for their common benefit and security, they a"e to be considered as a nation — their militia therefore should be as far as possible na- tional — an uniformity in discipline and regula- tions should pervade the whole ; otherwise, when the militia of several States are required to act together, it will be difficult to combine 868 OHAELES PIKOKNEY, their operations, from the confusion a difference of discipline and military habits will produce. Independent of our being obliged to rely on the militia as a security against foreign invasions or domestic convulsions, they are in fact the only adequate force the TJnion possess, if any should be requisite to coerce a refractory or negligent member, and to carry the ordinances and decrees of Congress into execution. This, as well as the cases I have alluded to, will some- times make it proper to order the militia of one State into anotjier. At present the United States possess no power of directing the militia, and must depend upon the States to carry their recommendations upon this subject into execu- tion. While this dependence exists, like all their other reliances upon the States for meas- ures they are not obliged to adopt, the federal views and designs must ever be delayed and disappointed. To place therefore a necessary and constitutional power of defence and co- ercion in the hands of the federal authority, and to render our militia uniform and national, I am decidedly in opinion they should have the exclusive right of establishing regulations for their government and discipline, which the States should be bound to comply with, as well as with their requisitions for any number of militia, whose march into another State the public safety or benefit should require. In every confederacy of States, formed for their general benefit and security, there ought to be a power to oblige the parties to furnish their respective quotas without the possibility of neglect or evasion ; — there is no such clause in the present confederation, and it is therefore without this indispensable security. Experi- ence justifies me in asserting that we may de- tail as minutely as we can, the duties of the States, but unless they are assured that these duties will be required and enforced, the details win be regarded as nugatory. No government has more severely felt the want of a coercive power, than the United States; for want of it, the principles of the confederation have been neglected with impunity in the hour of the most pressing necessity, and at the imminent hazard of its existence ; nor are we to expect they will be more attentive in future. Unless there is a compelling principle in the confeder- acy, there must be an injustice in its tendency; it will expose an unequal proportion of the strength and resources of some of the States, to the hazard of war in defence of the rest — the first principles of justice direct that this danger should be provided against — ^many of the States have certainly shown a disposition to evade a performance of their federal duties, and throw the burden of government upon their neighbors. It is against this shameful evasion in the delinquent, this forced assump- tion in the more attentive, I wish to provide, and they ought to be guarded against by every means in our power. Unless this power of co- ercion is infused, and exercised when necessary, the States wUl most assuredly neglect their du- ties. The consequence is either a dissolution of the Union, or an unreasonable sacrifice by those who are disposed to support and main tain it. The article empowering the United States to admit new States into the confederacy, is become indispensable, from the separation of certain districts from the original States — and the increasing population and consequence of the western territory. I have also added an article authorizing the United States, upon petition from the majority of the citizens of any State or convention authorized for that purpose, and of the legislature of the State to which they wish to be annexed, or of the States among which they are willing to be di- vided, to consent to such junction or division, on the terms mentioned in the article. The inequality of the federal members, and the number of small States, is one of the greatest defects of our Union. It is to be hoped, this inconvenience wiU, in time, correct itself; and that the smaller States, being fatigued with the expense of their State systems, and mortified at their want of importance, will be inclined to participate in the benefits of the larger, bj being annexed to and becoming a part of their governments. I am informed sentiments of this kind already prevail ; and, in order to encour- age propositions so generally beneficial, a pow- er should be vested in the Union, to accede to them whenever they are made. The Federal Government should also possess the exclusive right of declaring on what terms the privileges of citizenship and naturalization should be extended to foreigners. At present the citizens of one State are entitled to the privi- leges of citizens in every State. Hence it fol- lows, that a foreigner as soon as he is admitted to the rights of citizenship in one, becomes en- titled to them in all. The States differed widely in their regulations on this subject. I have known it already productive of inconveniences, and think they must increase. The younger ' States will hold out every temptation to for ■ eigners, by making the admission to ofiices less difficult in their governments, than the older. I believe in some States, the residence which will enable a foreigner to hold any office, will not in others entitle him to a vote. To render this power generally useful, it must be placed in the Union, where alone it can be equally exercised. The 16th article proposes to declare that if it should hereafter appear necessary to the United States to recommend the grant of any addition- al powers, that the assent of a given number of the States shall be sufficient to invest them and bind the Union as fully as if they had been confirmed by the legislatures of all the States. The principles of this, and the article which provides for the future alteration of the consti- tution by its being first agreed to in Congress, and ratified by a certain proportion of the legis- latures, are precisely the same ; they both go tc destroy that unanimity, which, upon these oc- THE FEDERAL CONSTITUTIOlSr. 30£ casions, the present system has unfortunately made necessary ; — the propriety of this altera- tion has heen so frequently suggested, that I shall only observe, that it is to this unanimous consent, the depressed situation of the Union is undoubtedly owing. Had the measures re- commended by Congress and assented to, some of them by eleven and others by twelve of the States, been carried into execution, how differ- ent would have been the complexion of 'public affairs ? To this weak, this absurd part of the government, may all our distresses be fairly at- tributed. If the States were equal in size and impor- tance, a majority of the legislatures might he sufficient for the grant of any new powers ; hut disproportioned as they are and must continue for a time, a larger number may now in pru- dence be required ;— hut I trust no government will ever again be adopted in this country, whose alteration cannot be Effected but by the assent of all its members. The hazardous sit- uation the United Netherlands are frequently placed in on this account, as well as our own mortifying experience, are sufficient to warn us from a danger which has already nearly proved fatal. It is difficult to form a government so perfect as to render alterations unnecessary ; we must expect and provide for them. But difficult as the forming a perfect government would be, it is scarcely more so, than to induce thirteen separate legislatures to think and act alike upon one subject; — the alterations that nine think necessary, ought not to be impeded by four — a minority so inconsiderable should be obliged to yield. Upon this principle, the present articles are formed, and are, in my judgment, so obviously proper, that I think it unnecessary to remark farther upon them. There is also in the articles a provision re- specting the attendance of the members of both Houses ; it is proposed that they shall be the judges of their own rules and proceedings, nominate their own officers, and be obliged, after accepting their appointments, to attend the stated meetings of the legislature ; the pen- alties under which their attendance is required, are such as to insure it, as we are to suppose no man would willingly expose himself to the ignominy of a disqualification. Some effectual mode must be adopted to compel an attend- ance, as the proceedings of the government must depend on its formation; — ^the inconven- iences arising from the want of a sufficient re- presentation, have been frequently and severely felt in Congress. The most important ques- tions have, on this account, been delayed, and I believe I may venture to assert, that for six months in the year, they have not lately had such a representation as will enable them to proceed on business of consequence. Punctu- ality is essential in a government so extensive, and where a part of the members come from considerable distances, and of course, have no immediate calls to divert their attention from the public business, those who are in the vicin- 24 ity should not be suffered to disappoint them ; if the power of compelling their attendance is necessary, it must be incorporated as a part of the constitution which the States will be bound to execute ; at present, it is contended that no such authority exists; that the members of Congress are only responsible to the State they represent, and to this may be attributed that shameful remissness in forming the Federal council, which hat! been so derogating and in- jurious to the Union. The article I have in- serted is intended to produce a reform, and I do not at present discover a mode in which the attendance of the members can be more effect- ually enforced. The next article provides for the' privilege of the writ of habeas corpus — the trial by jury in all oases, criminal as well as civil — the free- dom of the press and the prevention of religious tests as qualifications to offices of trust or emol- ument. The three first essential in free gov- ernments ; the last a provision the world wiU expect from you, in the establishment of a sys- tem founded on Eepublican principles, and in an age so liberal and enlightened as the pres- ent. There is also an authority to the national legislature, permanently to fix the seat of the general government, to secure to authors the exclusive right to their performances and dis- coveries, and to establish a Federal University. There are other articles, but of subordinate consideration. In opening the subject, the limits of my present observations would only permit me to touch the ■ outlines ; in these I have endeavored to unite and apply, as far as the nature of our Union would pemiit, the ex- cellencies of such of the State Constitutions as have been most approved. The first object with the convention must be to determine on principle — ^the most leading of these are, the just proportion of representation, and the ar- rangement and distribution of the powers of government. In order to bring a system founded on these principles to the view of the convention, I have sketched the one which has just been read — I now submit it with deference to their consideration, and wish, if it does not appear altogether objectionable, that it may be referred to the examination of a committee. There have been frequent, but unsuccessful, attempts by Congress, to obtain from the States the grant of additional powers, and such is the dangerous situation in which their negligence and inattention have placed the federal con- cerns, that nothing less than a convention of the States could probably prevent a dissolution of the Union. Whether we shall be so fortu- nate as to concur in measures calculated to re- move these difficulties, and render our govern- ment firm and energetic, remains to be proved. A change in our political system is inevitable ; the States have wisely foreseen this, and pro- vided a remedy. Congress have sanctioned it. The consequences may be serious should the convention dissolve without coming to some 370 CHARLES PINCKNE^. determination. I dread even to tMnk of the event of a convulsion, and how much the in- effectual assemblage of this body may tend to produce it. Our citizens would then suppose that no reasonable hope remained of quietly removing the public embarrassment, or of pro- viding by a well-formed government for the protection and happiness of the people, — ^they might possibly turn their attention to effecting that by force, which had been in vain constitu- tionally attempted. I ought again to apologize for presuming to Intrude my sentiments upon a subject of such difiSculty and importance. It is one that I have for a considerable time attended to. I am doubtful whether the convention will, at first, be inclined to proceed as far as I have in- tended ; hut this I think may be safely asserted, that upon a clear and comprehensive view of the relative situation ot the Union, and its members, we shall be convinced of the policy of concentring in the federal head, a complete supremacy in the affairs of government ; leav- ing only to the States such powers as may be necessary for the management of their internal concerns. LUTHER MARTIN. Thk ancestors of Luther Martin came originally from England. His father was a worthy »nd industrious fanner, who, with a brother, emigrated from Piscataqua, in New England, and settled on the Earitan Eiver, in New Jersey, at a time when a .greater portion of that colony was a dense wilderness. Luther was born in New Brunswick, in the year 1744. He was the third of nine children. His early days were spent chiefly in the labors of his father's farm ; hia leisure hours only being devoted to the acquisition of knowledge. At the age of thirteen years he was placed in a grammar school, where he acquired the rudiments of the Latin language, and, in September, 1762, graduated at the college of New Jersey, with the highest honors of his class. At that institution he laid the foundation of his subsequent greatness. With the other classical exercises at college, he pursued the study of the French and Hebrew languages. The parents of Mr. Martin were poor, and unable to afford a liberal education to any of their sons but Luther, and as an equivalent for the additional labor which his two elder brothers had undergone for the support of his father's family, while he wae in college, he conveyed to them a small tract of land which had been granted him by his grand- father for his own support. In speaking of his education, the only inheritance he received from his parents, he remarks, "it is a patrimony, for which my heart beats toward them a more grateful remembrance, than had they bestowed upon me the gold of Peru or the gems of Golconda."* Having determined to devote his energies to the profession of the law, he left his home, and shortly after took charge of a school at Queenstown, in Queen Anne's county, Maryland. Here he remained until April, 1770, earnestly devoting himself to the double duty of preceptor and student at law. Among many valuable acquaintances he made here, was Mr. Solomon Wright, who afforded him the advantage of his library, and viewed him as a member of his family. In 1771 he was admitted to the practice of law, and continuing his legal studies until the next year, he went to Williamsburgh, then the chief city of Virginia, where the general court was then in session. Here he mingled in the society of the most distinguished men, among whom were George Mason, John Randolph, George Wyeth, and Patrick Henry. Soon after, he commenced the practice of his profession in Northampton, Virginia, and its vicinity, and was admitted as an attorney in the courts of Somerset and Worcester, the former of which he chose as a place of residence. His practice here was large and lucrative, amount- ing, as he informs us, "to about one thousand pounds per annum ; " this, however, was some- what diminished on the commencement of the war of the revolution. His splendid capabilities were at this time fully appreciated, and he was considered " one of the most able lawyers at the bar." As an evidence of his success in practice, the following fact is recorded, that in thirty criminal cases, in which he was employed as counsel, "twenty-nine" of his clients were acquitted.t In 1774 he was appointed on various committees to oppose the claims and resist the usurpa- tions of the British crown. His services at this time were marked and important, "throughout which," to use his own expression, "not only myself, but many others, did not lie down one * Modern Gratitude, hy Luther Martin, of Maryland, page 184. t National Portrait Gallery, Article Luther Martin. '72 LUTHEE MARTIN. uiglit on their beds, without the hazard of waking on board a British armed ship, or in the other world." The Howes, on their way to the Chesapeake Bay, published a proclamation, addressed to the people of that part of the United States, against which they were directing their military operations. This proclamation was answered in an address to the Howes, by Mr. Martin. About the same time he published an address To the Inhabitants of the Peninsula between the Delaware Eiver and the Ohesapealce, to the Southward of the British Lines. He was appointed attorney-general of the State of Maryland, in February, 1778. In this office the fearlessness of his character, his uncompromising regard for truth and justice, and his extensive legal knowledge, were most strikingly exhibited. As a member of the Federal Con- vention, in 1787, he opposed the forming of the present constitution of the United States, in its eai'liest stages, and when it was submitted to the several States for their adoption, he addressed the legislature of Maryland, endeavoring to obtain their disapproval of it. Associated with R. Goodloe Harper and Joseph Hopkinson, he was engaged, in 1804, in the defence of Judge Chase, then one of the justices of the Superior Court «f the United States, who was impeached in the House of Representatives for malfeasance in office. With Judge Chase he had been on terms of intimacy for nearly thirty years, and he viewed him as a friend; " though that circumstance," he said, in his opening argument, " would be a sufficient inducement for me to appear in his defence, I am at this time actuated by superior motives, I consider this cause not only of importance to the respondent and his accusers, but to my fellow-citizens in general (whose eyes are now fixed upon us), and to their posterity, for the decision at this time will establish a most important precedent as to future oases of impeachment. " After a powerful and learned argument. Judge Chase was acquitted. In 1807 Mr. Martin was engaged in the de- fence of Aaron Burr, in his trial for treason, in preparing the means of a military expedition against Mexico, a territory of the King of Spain, with whom the United States were at peace. His friendship for Burr and his course at this, trial, excited the ill-will of President Jefferson. " Shall we move to commit Luther Martin, as particeps criminis with Burr ? " says he, in a let- ter to George Hay, the conductor of the prosecution ; " Graybell will fix upon him misprison oi treason at least; and at any rate, his evidence will put down at least this unprincipled and im- pudent federal bull-dog, and add another proof that the most clamorous defenders of Burr are all his accomplices. It will explain why Luther Martin flew so hastily to the ' aid of his honor- able friend,' abandoning his clionts and their property during a session of a principal court in Maryland." * Throughout the trial Mr. Martin displayed the warmest friendship for Burr, en- tering, from day to day, into a recognizance for his appearance before the bar of the court. Burr was acquitted. In 1814 Mr. Martin was elevated to the Bench of the Court of Oyer and Terminer for the city and county of Baltimore, and four years after, was again qualified as attorney-general of the State, and district attorney of Baltimore, but was prevented from performing the duties of those positions, by declining health. Shortly after this period he was attacked with paralysis, which almost totally destroyed his faculties ; and on the evening of the tenth of July, 1826, he died, in the city of New York, at the house of his old friend and client, Aaron Burr, who faithfully paid him the last rites of kindness, in the imbecility of his age, in return for the valuable services which Martin had rendered him when he was in the full vigor an..I glory of manhood. "As a lawyer," says his biographer, "Mr. Martin was learned, clear, and solid. His mind was so completely stored with the principles of legal science, and his professional accuracy was so generally acknowledged, that his mere opinion was considered law, and is now deemed sound authority before any American tribunal. His cast of mind was less brilliant than solid. He ordinarily commenced his efforts at the bar with a long and tedious exordium. He seemed to labor amid the vast mass of general matters at the commencement of his speeches, sometimes uoutinuing for an hour in a confused essay, and then suddenly springing off upon his trp,ck with a cogent and well-compacted argument. * * * He was a man of warm heart and generous feelings ; but in the discharge of his oflBcial duties he was rigorous and unyielding.t * Jefferson's Works, vol. 5, page 99. + NntioDal Portrait Gallery. Article, Luther Martin. FEDERAL CONVENTION. 373 FEDERAL CONVENTION. The following information, relative to the proceedings of the General Convention, held at Philadelphia, in 1787, was delivered to the Legislature of the State of Maryland, by Mr. Martin, early in the year 1788. "When called \ipon he addressed the House nearly as follows :* Since I was notified of the resolve of this honorable House, that we should attend this day, to give information with regard to the proceedings of the late convention, my time has necessarily been taken up with business, and I have also been obliged to make a journey to the Eastern Shore. These circumstances have prevented me from being as wpU prepared as I could wish to give the information re- quired. However, the few leisure moments I could spare, I have devoted to refreshing my memory, by looking over the papers and notes in my possession ; and shall, with pleasure, to the best of my abilities, render an account of my conduct. It was not in my power to attend the con- vention immediately on my appointment. I took my seat, I believe, about the 6th or 9th of June. I found that Governor Randolph, of Virginia, had laid before the convention certain propositions for their consideration, which have been read to this House by my honorable col- league ; and I beheve he has very faithfully de- tailed the substance of the speech with which the business of the convention was opened ; for, though I was not there at the time, I saw notes which had been taken of it. The members of the convention from the States came there under diiferent powers ; the greatest number, I believe, under powers nearly the same as those of the delegates of this State. Some came to the convention under the former appointment, authorizing the meeting of dele- gates merely to regulate trade. Those of Dela- ' ware were expressly instructed to agree to no system which should take away from the States that equality of suffrage secured by the original articles of confederation. Before I arrived, a number of rules had been adopted to regulate the proceedings of the convention, by one of which, seven States inight proceed to business, and consequently four States, the majority of that number, might eventually have agreed upon a system which was to affect the whole Union. By another, the doors were to be shut, and the whole proceedings were to be kept * A report of this speech was not taken at tlie time of its delivery. Subsequently Mr. Martin communicated it, to- gether with a letter, to the Hon. Thomas 0. Deye, Speaker of the House of Delegates, and soon after it was published in A pamphlet, with an address to the citizens of the United States, and some remarks relative to a standing army and a bill of rights. secret ; and so far did this rule extend, that we were thereby prevented from corresponding with gentlemen in the different States upon the subjects under our discussion — a circumstance, sir, which I confess I greatly regretted. I had no idea that all the wisdom, integrity, and virtue of this State, or of the others, were centred in the convention. I wished to have corresponded freely and confidentially with eminent political characters in my own and other States — not implicitly to be dictated to by them, but to give their sentiments due weight and consideration. So extremely soli- citous were they that their proceedings should not transpire, that the members were pi'ohibit- ed even from taking copies of resolutions, on which the convention were deliberating, or extracts of any kind from the journals, without formally moving for, and obtaining permission, by a vote of the convention for that purpose. You have heard, sir, the resolutions which were brought forward by the honorable mem- ber from Virginia. Let me call the attention of this House to the conduct of Virginia when our confederation was entered into. That State then proposed, and obstinately contended, con- trary to the sense of, and unsupported by, the other States, for an equality of suffrage, founded on numbers, or some such scale, which should give her, and certain other States, infiu- ence in the Union over the rest. Pursuant to that spirit which then characterized her, and uniform in her conduct, the very second resolve is calculated expressly for that purpose — to give her a representation proportioned to her numbers, — as if the want of that was the prin- cipal defect in our original system, and this alteration the great means of remedying the evils we had experienced under our present government. The object of Virginia and other large States, to increase their power and influence over the others, did not escape observation. The sub- ject, however, was discussed with great cool- ness in the Committee of the Whole House, (for the convention had resolved itself into a Committee of the Whole, to deliberate upon the propositions delivered in by the honorable member from Virginia.) Hopes were formed that the farther we proceeded in the examina- tion of the resolutions, the better the House might be satisfied of the impropriety of adopt- ing them, and that they would finally be reject- ed by a majority of the committee. If, on the contrary, a majority should report in their favor, it was considered that it would not pre- olude-the members from bringing forward and submitting any other system to the considera- tion of the convention ; and accordingly, while those resolves were the subject of discussion in the Committee of the Whole House, a number of the members who disapproved them were LUTHER MARTIN. jtreparing another system, such as they thought more conducive to the happiness and welfare of the States. The propositions originally sub- mitted to the convention having jeen debated, I and undergone a variety of alterations in the : course of our proceedings, the Committee of ; the Whole House, by a small majority, agreed to a report, which I am happy, sir, to have in my power to lay before you. It was as fol- lows :■ — • . "1. Eesohed, That it is the opinion of this committee, that a national government ought to he established, consisting of a supreme legis- lative, judiciary, and executive. " 2. That the legislative ought to consist of two branches. " 3. That the members of the first branch of the national legislature ought to be elected by the people of the several States, for the term of three years; to receive fixed stipends, by which they may be compensated for the devo- tion of their time to public service, to be paid out of the national treasury ; to be ineligible to any ofiice established by a particular State, or under the authority of the United States, ex- cept those particularly belonging to the func- tions of the first branch, during the term of service, and under the national government, for the space of one year after its expiration. "4. That the members of the second branch of the legislature ought to be chosen by the in- dividual legislatures ; to be of the age of thirty years at least ; to hold their offices for a term suflBcieut to insure their independency, namely, seven years, one-third to go out biennially, to receive fixed stipends, by which they may be compensated for the devotion of their time to public service, to be paid out of the national treasury ; to be ineligible to any office by a particular State, or under the authority of the United States, except those peculiarly belong- ing to the functions of the second branch, during the term of service, and under the na- tional government, for the space of one year after its expiration, "5. That each branch ought to possess the right of originating acts. " 6. That the national legislature ought to be empowered to enjoy the legislative rights vested in Congress by the confederation, and more- over to legislate in all oases to which the sepa- rate States are incompetent, or in which the harmony of the United States may be inter- rupted by the exercise of individual legislation ; to negative all laws passed by the several States, contravening, in the opinion of the legislature of the United States, the articles of union, or any treaties subsisting under the au- thority of the Union. "7. That the right of suffrage, in the first branch of the national legislature, ought not to be according to the rule established in the arti- 3les of confederation, but according to some equitable rate of representation ; namely, in proportion to the whole number of white, and other free citizens and inhabitants, of every age. sex, and condition, including those bound tr servitude for a term of years, and three-fifths of all other persons not comprehended in the foregoing description, except Indians not pay- ing taxes, in each State. " 8. That the right of suffrage in the second branch of the national legislature ought to be according to the rule established in the first. " 9. That a national executive be instituted, to consist of a single person, to be chosen by the national legislature for the term of seven years, with power to carry into execution the national laws ; to appoint to offices in cases not otherwise provided for; to be ineligible a second time, and to be removable on impeach- ment and conviction of malpractice or neglect of duty ; to receive a fixed stipend, by which he may be compensated for the devotion of his time to public service, to be paid out of the na- tional treasury. " 10. That the national executive shall have a right to negative any legislative act, which shall not afterwards be passed unless by two- thirds of each branch of the national legislature. "11. That a national judiciary be established, to consist of one supreme tribunal, the judges of which to be appointed by the second branch of the national legislature, to hold their offices during good behavior, and to receive punctu- ally, at stated times, a fixed compensation for their services, in which no increase or diminu- tion shall be made, so as to affect the persons actually in office at the time of such increase or diminution. " 12. That the national legislature be em- powered to appoint inferior tribunals. " 13. That the jm-isdiction of the national judiciary shall extend to cases which respect the collection of the national revenue, cases arising under the laws of the United States, im- peachments of any national officer, and ques- tions which involve the national peace and har- mony. " 14. Resolved, That provision ought to be made for the admission of States lawfully arising within the limits of the United States, whether from a voluntary junction of government, terri- tory, or otherwise, with the consent of a num- ber of voices in the national legislature less than the whole. "15. Eesohed, That provision ought to be made for the continuance of Congress, and their authority and privileges, until a given day after the reform of the articles of union shall be adopted, and for the completion of all their en- gagements. " 16. That a republican constitution and its existing laws ought to be guarantied to each State by the United States. " 17. That provision ought to be made for the amendment of the articles of union when- soever it shall seem necessary. " 18. That the legislative, executive, and judiciary powers, within the several States, ought to be bound by oath to support the arti cles of the union. FEDERAL CONVENTION-. 87S " 19. That the amendments which shall be offered to the confederation by this convention, ought, at a proper time or times, after the ap- probation of Congress, to be submitted to an assembly or assemblies, recommended by tlie legislatures, to be expressly chosen by the people, to consider and decide thereon." ^These propositions, sir, were acceded to by a majority of the members of the committee — a system by which the large States were to have not only an inequality of suffrage in the first branch, but also the same inequality in the second branch, or Senate. However, it was not designed the second branch should consist of the same number as the first. It was pro- I posed that the Senate should consist of twenty- eight members, formed on the following scale : — Virginia to send five, Pennsylvania and Massa- chusetts each four ; South Carolina, North Caro- lina, Maryland, New York, and Connecticut, two each, and the States of New Hampshire, Rhode Island, Jersey, Delaware, and Georgia, each of them one. Upon this plan, the three ' large States, Virginia, Pennsylvania, and Massa- chusetts, would have thirteen senators out of twenty-eight — almost one half of the whole number. Fifteen senators were to be a quorum to proceed to business ; those three States would, therefore, have thirteen out of that quorum. Having this inequality in each branch of tlie legislature, it must be evident, sir, that they would make what laws they pleased, how- ever injurious or disagreeable to the other States, and that they would always prevent the other States from making any laws, however necessary and proper, if not agreeable to the views of those three States. They were not 'only, sir, by this system, to have such an undue ' superiority in making laws and regulations for the Union, but to have the same superiority in the appointment of the President, the judges, and all other officers of government. Hence these three States would, in reality, have the appointment of the President, judges, and all other officers. This President, and these judges, so appointed, we may be morally certain, would be citizens of one of those three States; and the President, as appointed by them, and a citizen of one of them, would espouse their interests and their views, when they came in competition with the views and interests of the other States. This President, so appointed by the three large States, and so unduly under their influence, was to have a negative upon every law that should be passed, which, if negatived by him, was not to take effect unless assented to by two-thirds of each branch of the legislature — a provision which deprived ten States of even the faintest shadow of liberty ; for if they, by a miraculous una- nimity, having all their members present, should outvote the other three, and pass a law contrary to tlieir wishes, those three large States need only procure the President to negative t, and thereby prevent a possibility of its ever taking effect, because the representatives of those three States would amount to much more than one third (almost one half) of the representativen in each branch. And, sir, this government, .sc organized, with all this undue superiority in those three large States, was, as you see, to have a power of negativing the laws passed by every State legislature in the Union. Whether, therefore, laws passed by the legislature of Ma- ryland, New York, Connecticut, Georgia, or of any other of the ten States, for the regulation of their internal police, should take effect, and be carried into execution, was to depend on the good pleasure of the representatives of Virginia, Pennsylvania, and Massachusetts. This system of slavery, which bound hand and foot ten States in the Union, and placed them at the mercy of the other three, and un- der the most abject and servile subjection to them, was approved by a majority of the mem- bers of the convention, and reported by the committee. On this occasion, the House will recollect that the convention was resolved into a Com- mittee of the Whole. Of this committee Mr. Gorham was chairman. The Hon. Mr. Wash- ington was then on the floor, in the same situa- tion with the other members of the convention at large, to oppose any system he thought inju- rious, or to propose any alterations or amend- ments he thought beneficial. To these proposi- tions,- so reported by the committee, no opposi- tion was given by that illustrious personage, or by the president of the State of Pennsylvania. They both appeared cordially to approve them, and to give them their hearty concurrence. Yet this' system, I am confident, Mr. Speaker, there is not a member in this House would ad- vocate, or who would hesitate one moment in saying it ought to be rejected. I mention this circumstance, in compliance with the duty I owe this honorable body, not with a view to lessen those exalted characters, but to show how far the greatest and best of men may be led to adopt very improper measures, through error in judgment. State influence, or by other causes ; and to show that it is our duty not to suffer our eyes to be so far dazzled by the splendor of names as to run blindfolded into what may be our destruction. Mr. Speaker, I revere those illustrious per- sonages as much as any man here. No man baa a higher sense of the important services they have rendered this country. No member of the convention went there more disposed to pay deference to their opinions. But I should little have deserved the trust this State reposed in me, if I could have sacrificed its dearest in- terests to my complaisance for their sentiments. When, contrary to our hopes, it was found that a majority of the members of the conven- tion had, in the committee, agreed to the sys- tem I have laid before you, we then thought it necessary to bring forward the propositions which such of us who had disapproved the plan before had prepared. The members who prepared these resolutions were principally of 376 LUTHEE MAETIN. the Oonnectiout, New York, ITew Jersey, Dela- ware, and Maryland delegations. The Hon. Mr. Patterson, of the Jerseys, laid them before the convention. Of these propositions I am in possession of a copy, which I shall beg leave to read to you. These propositions were referred to a Com- mittee of the Whole House. Unfortunately, the New Hampshire delegation had not yet arrived ; and the sickness of a relation of the Hon. Mr. M'Henry obliged him still to be ab- sent — a circumstance, sir, which I considered much to be regretted, as Maryland thereby was represented by only two delegates, and they unhappily differed very widely in their senti- ments. The result of the reference of these last pro- positions to a committee, was a speedy and hasty determination to reject them. I doubt not, sir, to those who consider them vrith at- tention, so sudden a rejection will appear sur- prising; but it maybe proper to inform you, that, on our meeting in convention, it was soon found there were among us three parties of very different sentiments and views : — "''One party, whose object and wish it was to abolish and annihilate all State governments, and to bring forward one general government over this extensive continent, of a monarchical nature, under certain restrictions and limita- .tions. Those who openly avowed this senti- ment were, it is true, but few ; yet it is equally true, sir, that there was a considerable number who did not openly avow it, who were, by my- self and many otliers of the convention, consid- ered as being in reality favorers of that senti- ment, and, acting upon those principles, covertly endeavoring to carry into effect what they well knew openly and avowedly could not be ac- complished. The second party was not for the abolition of the State governments, nor for the introduction of a monarchical government under any form ; hut they wished to establish such a system as could give their own States undue power and influence, in the government, over the other States. A third party was what I considered truly fede ral and republican. This party was nearly equal in number with the other two, and was composed of the delegations from Connecticut, New York, New Jersey, Delaware, and in part from Maryland ; also of some individuals from other representations. This party, sir, were for proceeding upon terms of federal equality ; they were for taking our present federal system as the basis of their proceedings, and, as far as ex- perience had shown us that there were defects, to remedy those defects ; as far as experience had shown that other powers were necessary to the federal government, to give those powers. They considered this the object for which they were sent by their States, and what their States expected from them. They urged that if, after doing this, experience should show that there still were defects in the system, (as no doubt there would be,) the same good sense that in- duced this convention to be called, would cause the States, when they found it necessary, to call another ; and if that convention should act with the same moderation, the members of it woulo proceed to correct such errors and defects as experience should have brought to Hght — that, by proceeding in this train, we should have a prospect at length of obtaining as perfect a sys- tem of federal government as the nature of things would admit. On the other hand, if we, contrary to the purpose for which we were intrusted, consider- ing ourselves as master-builders, too proud to amend our original government, should demol- ish it entirely, and erect a new system of our own, a short time might show the new system as defective as the old, perhaps more so. Should a convention be found necessary again, if the members thereof, acting upon the same princi- ples, instead of amending and correcting its de- fects, should demolish that entirely, and bring forward a third system, that also might soon be found no better than either of the former ; and thus we might always remain young in govern- ment, and always suffering the inconveniences of an incorrect, imperfect system. But, sir, the favorers of monarchy, and those who wished the total abolition of State govern- ments, • — -well knowing that a government founded on truly federal principles, the basis of which were the thirteen State governments preserved in full force and energy, would be destructive of their views ; and knowing they were too weak in numbers openly to bi'ing for- ward their system; conscious, also, that the people of America would reject it if proposed, to them, — joined their interest with that party who wished a system giving particular States the power and influence over the others, pro- curing, in return, mutual sacrifices from them, in giving the government great and undefined powers as to its legislative and executive ; well knowing that, by departing from a federal sys- tem, they paved the way for their favorite ob- ject — the destruction of the State governments, and the introduction of monarchy. And hence, Mr. Speaker, I apprehend, in a great measure, arose the objections of those honorable members, Mr. Mason and Mr. Gerry. In every thing that tended to give the large States power over the smaller, the first of those gentlemen could not forget he belonged to the Ancient Dominion ; nor could the latter forget that he represented old Massachusetts ; that part of the system which tended to give those States power over the others met with their perfect approbation. But when they viewed it charged with such powers as would destroy all State governments, their own as well as the rest, — when they saw a President so constituted as to differ from i\ monarch scarcely but in name, and having it in his power to become siioh in reality when he pleased, — they, being republicans and federal- ists, as far as an attachment to their own States would permit them, warmly and zealously op- posed those parts of the system. From these FEDERAL CONVENTION. sn different sentiments, and from this combination of interest, I apprehend, sir, proceeded the fate of what was called the Jersey resolutions, and the report made by the committee of the whole House. The Jersey propositions being thus rejected, the convention took up those reported by the committee, and proceeded to debate them by paragraphs. It was now that they who disap- proved the report found it necessary to make a warm and decided opposition, which took place upon the discussion of the seventh resolution, which related to the inequality of representation in the first branch. Those who advocated this inequality, urged, that, when the articles of confederation were formed, it was only from necessity and expediency that the States were admitted each to have an equal vote ; but that our situation was now altered, and, therefore, those States who considered it contrary to their interest would no longer abide by it. They j said no State ought to wish to have Influence I in government, excei)t in proportion to what it contributes to it ; that if it contributes but lit- tle, it ought to have but a small vote ; that tax- ation and representation ought always to go together ; that, if one State had sixteen times as many inhabitunts as another, or was sixteen times as wealthy, it ought to have sixteen times as many votes ; tliat an inhabitant of Pennsyl- vania ought to have as much weight and conse- quence as an inhabitant of Jersey or Delaware ; that it was contrary to the feelings of the hu- man mind — what the large States would never submit to; that'tlie large States would have great objects in view, in which they would never permit the smaller States to thwart them ; that equality of suffrage was the rotten part of the Constitutiim, and that this was a happy time to get, clear of it. In fine, it was the poison which contaminated our whole sys- tem, and the source of all the evils we expe- rienced. This, sir, is the substance of the arguments, — if arguments they may be called, — which were' used in favor of inequality of suffrage. Those who advocated the equality of suffrage took the matter up on the original principles of govern- ment. They urged that all men, considered in a state of nature, before any government is formed, are equally free and independent, no one having any right or authority to Texercise power over another, and this without any re- gard to difference in personal strength, under- standing, or wealth — that, when such individu- I als enter into government, they have each a ; right to an equal voice in its first formation, and afterwards have each a right to an equal vote in every matter which relates to their govern- ^ment:— that if it could be done conveniently, they have a right to exercise it in person: where it cannot be done in person, but, for con- venience, representatives ai'e appointed to act for them, every person has a right to an equal vote in choosing that representative who is in- trusted to do, for the whole, that which the whole, if they could assemble, might do in per- son, and in the transacting of which each would have an equal voice : — that if we were to admit, because a man was more wise, more strong, or more wealthy, he should be entitled to more votes than another, it would be inconsistent with the freedom and liberty of that other, and would reduce him to slavery. Suppose, for instance, ten individuals, in a state of nature, about to enter into government, nine of whom are equally wise, equally strong, and equally wealthy ; the tenth is ten times as wise, ten times as strong, or ten times as rich : if, for this reason he is to have ten votes for each vote of either of the others, the nine might as well have no vote at all — since, though the whole nine might assent to a measure, yet the vote of the tenth would countervail, and set aside all their votes. If this tenth approved of what they wished to adopt. It would be well ; but if he disapproved, he could prevent it ; and in the same manner he could carry into execu- tion any measure he wished, contrary to the opinions of all the others, he having ten votes, and the others altogether but nine. It is evi- dent that, on these principles, the nine would have no will nor discretion of their own, but must be totally dependent on the will and dis- cretion of the tenth : to him they would be as absolutely slaves as any negro is to his master. If he did not attempt to carry into execution any measures injurious to the other nine, it could only be said that they had a good master; they would not be the less slaves, because they would be totally dependent on the wiU of an- other, and not on their own will. They might not feel their chains, but they would, notwith- standing, wear them ; and whenever their mas- ter pleased, he might draw them so tight as to gall them to the bone. Hence it was urged, the inequality of representation, or giving to one man more votes than another, on account of his wealth, &c., was altogether inconsistent with the principles of libeity ; and in the same pro- portion as it should be adopted, in favor of one or more, in that proportion are the others en- slaved. It was urged that, though every indi- vidual should have an equal voice in the gov- ernment, yet even the superior wealth, strength, or understanding, would give great and undue advantages to those who possessed them — that wealth attracts respect and attention ; superior strength would cause the weaker and more fee- ble to be cautious how they offended, and to put up with small injuries rt.ther than engage in an unequal contest. In like manner, supe- rior understanding would give its possessor many opportunities of profiting at the expense of the more ignorant. Having thus established these principles with respect to the rights of individuals in a state of nature, and what is due to each on entering into government, — principles estabhshed by every writer on liberty, — they proceeded to show that States, when once formed, are con- sidered, with respect to each other, as Individ- 3T8 LUTHER MARTIN. nals in a state of nature ; that, like individuals, each State is considered equally free and equally- independent, the one having no right to exer- cise authority over the other, though more strong, more wealthy, or abounding with more inhabitants — that, when a number of States unite themselves under a federal government, the same principles apply to them as when a number of individual men unite themselves under a State government — that every argu- ment which shows one man ought not to have more votes than anothei', because he is wiser, stronger, or wealthier, proves that one State ought not to have more votes than another, be- cause it is stronger, richer, or more populous ; and that, by giving one State, or one or two States, more votes than the others, the others thereby are enslaved to such State or States, having the greater number of votes, in the same manner as in the case before put of indi- viduals, when one has more votes than the others — that the reason why each individual man, in forming a State government, should have an equal vote, is, because each individual, before he enters into government, is equally free and independent ; so each State, when States enter into a federal government, are en- titled to an equal vote, because, before they entered into such federal government, each State was equally free and equally independent — that adequate representation of men, formed into a State government, consists in each man having an equal voice ; either personally, or if by representatives, that he should have an equal voice in choosing the representatives — so ade- quate representation of States in a federal gov- ernment, consists in each State having an equal voice, either in pei'son or by its representative, in every thing which relates to the federal government — that this adequacy of representa- tion is more important in a' federal, than in a State government, because the members of a State government, the district of which is not very large, have generally such a common in- terest, that laws can scarcely be made by one part oppressive to the others, without their suffering in common ; but the difl'erent States composing an extensive federal empire, widely distant one from the other, may have interests so totally distinct, that the one part might be greatly benefited by what would be destructive to the other. They were not satisfied by resting it on principles ; they also appealed to history. They showed that, in the Amphictyonio confedera- tion of the Grecian cities, each city, however different in wealth, strength, and other circum- stances, sent the same number of deputies, and had each an equal voice in every thing that re- lated to the common concerns of Greece. It was shown that, in the seven provinces of the United Netherlands, and the confederated can- tons of Switzerland, each canton, and each ()rovince, have an equal vote, although there are as great distinctions of wealth, strength, populati 'n. and extent :f territory, among those provinces, and those cantons, as among these States. It was said that the maxim, that taxation and representation ought to go to- gether, was true so far that no person ought ic be taxed who is not represented ; but not in the extent insisted upon, to wit, that the quantum of taxation and representation ought to be the same ; on the contrary, the quanturu of representation depends upon the quantum of freedom, and therefore all, whether indi- vidual States or individual men, who are equally free, have a right to equal representation — that to those who insist that he who pays the great- est share of taxes ought to have the greatest number of votes, it is a sufficient answer to say, that this rule would be destructive of the liberty of the others, and would render them slaves to the more rich and wealthy — that, if one man pays more taxes than another, it is because he ' has more wealth to be protected by government, and he receives greater benefits from the gov- ernment; so, if one State pays more to the federal government, it is because, as a State, she enjoys greater blessings from it; she has more wealth protected by it, or a greater number of inhabitants, whose rights are secured, and who share its advantages. It was urged that, upon these principles, the Pennsylvanian, or inhabitant of a large State, was of as much consequence as the inhabitant of Jersey, Delaware, Maryland, or any other State — ^that his consequence was to be .decided by his situation in his own State ; that, if he was there as free, if he had as great share in the forming of his own government, and in the making and executing its laws, as the inhabi- tants of those other States, then was he equally important and of equal consequence. Suppose a confederation of States had never been adopted, but every State had remained abso- lutely in its independent situation, — no person could, with propriety, say that the citizen of the large State was not as important as the citi- zen of the smaller. The confederation of States cannot alter the case. It was said that, in all transactions between State and State, the free- dom, independence, importance, and conse- quence, even the individuality, of each citizen of the different States, might with propriety be said to be swallowed up or concentrated in the independence, the freedom, and the individual- ity, of the State of which they are citizens; that the thirteen States are thirteen distinct, political, individual existences, as to each other ; that the federal government is, or ought to be, ! a government over these thirteen political, in- dividual existences, which form the members of / that government ; and as the largest State ib only a single individual of this government, it ought to have only one vote; the smallest Sta'e, also being one individual member of this govern- ment, ought also to have one vote. To those who urged that the States having equal sufi'rage was contrary to the feelings of the human heart, it was answered, that it was admitted to be contrary to the feelings of pride and ambi FEDERAL OONVENTIOK. 379 tion ; but those were feelings which ought not to be gratified at the expense of freedom. It was urged that tlie position that great States would have great objects in view, in which they would suifer the less States to thwart them, was one of the strongest reasons why inequality of representation ought not to be admitted. If those great objects were not inconsistent with the interest of the less States, they would readily concur in them ; but if they were inconsistent with the interest of a majoi'- ity of the States composing the government, in tliat case two or three States ought not to have it in their power to aggrandize themselves at the expense of all the rest. To those who alleged that equality of suffrage, in our federal government, was the poisonous source fi-om which all our misfortunes flowed, it was an- swered that the allegation was not founded in iact — that equality of suffrage had never been complained of, by the States, as a defect in our federal system — that, among the eminent writers, foreigners and others, who had treated .of the defects of our confederation, and pro- posed alterations, none had proposed an altera- tion in this part of the system ; and members of the convention, both in and out of Congress, who advocated the equality of suffrage, called upon their opponents, both in and out of Con- gress, and challenged them to produce one single instance where a bad measure had been adopted, or a good measure had failed of adop- tion, in consequence of the States having an equal vote. On the contrary, they urged that all our evils flowed from the want of power in the federal head, and that, let the right of suffrage in the States be altered in any manner whatever, if no greater powers were given to the government, the same inconveniences would continue. It was denied that the equality of suffi-age was originally agreed to on principles of neces- sity or expediency ; on the contrary, that it was adopted on the principles of the rights of men, and the rights of States, which were then well Itnovvn, and which then influenced our conduct, although now they seem to be forgotten. For this, the Journals of Congress were appealed to. It was from them shown, that, when the committee of Congress reported to that body the articles of confederation, the very first article which became the subject of discussion was that respecting equality of suffrage — that Virginia proposed divers modes of suffrage, all on the principle of inequality, which were almost 'unanimcjusly rejected — that, on the ques- tion for adopting the article, it passed, Virginia beii'g the only State which voted in the nega- tive — that, after the articles of confederation were submitted to the States, by them to be ratified, almost every State proposed certain amendments, which they instructed their dele- gates to endeavor to obtain before ratification ; and that, among all the amendments proposed, not one State, not even Virginia, proposed an amendiuentof that article securing the equality of suffrage ; the most convincing proof it vnia agreed to, and adopted, not from necessity, but upon a full conviction that, according to the principles of free government, the States had a right to that equality of suffrage. But, sir, it was to no purpose that the futility of their objections was shown. When driven from the pretence that the equality of suffrage had been originally agreed to on principles of expediency and necessity, the representatives of the large States persisted in a declaration, that they would never agree to admit the smaller States to an equaUty of suffrage. In answer to this, they were informed, and in- formed in terms the most strong and energetic that could possibly be used, that we never would agree to a system giving them the undue influence and superiority they proposed — that we would risk every possible consequence — thai from anarchy and confusion order might arise- that slavery was the worst that could ensue, and we considered the system proposed to be the most complete, most abject system of slave- ry that the wit of man ever df vised, under the pretence of forming a government for fi-ee States — that we never would submit tamely and servilely to a present certain evil in dread of a future, which might be imaginary — that we were sensible the eyes of our country and the world were upon us — that we would not labor under the imputation of being unwilling to form a strong and energetic federal govern- ment ; but we would pubhsh the system which we approved, and also that which we opposed, and leave it to our country and the world at large to judge, between us, who best under- stood the rights of freemen and free States, and who best advocated them ; and to the same tribunal we would submit, who ought to be an- swerable for all the consequences which might arise to the Union, from the convention break- ing up without proposing any system to their constituents. During this debate, we were' threatened that, if we did not agree to the sys- tem proposed, we never should have an oppor- tunity of meeting in convention to deliberate on another ; and this was frequently urged. In answer, we called upon them to show what was to prevent it, and from what quarter was our danger to proceed. Was it from a foreign enemy ? Our distance from Europe, and the political situation of that country, left us but little to fear. Was there any ambitious State or States, who, in violation of every sacred ob ligation, was preparing to enslave the othei States, and raise itself to consequence on the ruin of the others? Or was there any such ambitious individual ? We did not apprehend it to be the case. But suppose it to be true ; it rendered it the more necessary that we should sacredly guard against a system which might enable all those ambitious views to be carried into effect, even under the sanction of the Con- stitution and government. In fine, sir, all these threats were treated with contempt, and they were told that we apprehended but one reason S80 LUTHER MAEXm. to prevent the States meeting again in conven- tion ; that, when they discovered the part this convention had acted, and how much its mem- bers were abusing the trust reposed in them, the States would never trust another conven- tion. At length, sir, after every argument had been exhausted by the advocates of equality of repre- sentation, the question was called, when a ma- jority decided in favor of the inequality — Massa- chusetts, Pennsylvania, Virginia, North Caro- lina, South Carolina, and Georgia, voting for it ; Connecticut, New York, New Jersey, and Dela- ware, against; Maryland divided. It may be thought surprising, sir, that Georgia, a State now small, and comparatively trifling, in the Union, should advocate this system of unequal representation, giving up her present equality in the federal government, and sinking herself almost to total insignificance in the scale ; but, sir, it must be considered that Georgia has the most extensive territory in the Union, being larger than the whole island of Great Britain, and thirty times as large as Connecticut. This system being designed to preserve to the States their whole territory unbroken, and to prevent the erection of new States within the territory 1 of any of them, Georgia looked forward when, I her population being increased in some measure * proportioned to her territory, she should rise in , the scale, and give law to the other States ; and I hence we found the delegation of Georgia ' warmly advocating the proposition of giving the I_ States unequal representation. Next day, the question came on with respect to the inequality of representation in the second branch; but little debate took place ; the subject had been exhausted on the former question. On the votes being taken, Massachusetts, Pennsylvania, Virginia, North Carolina, and South Carolina, voted for the inequality. Connecticut, New York, New Jersey, Delaware, and Maryland,* were in the negative. Georgia had only two representatives on the floor, one of whom (not, I believe, because he was against the measure, but from a conviction that he would go home, and thereby dissolve the convention, before we would give up the question) voted also in the negative, by which that State was divided. Thus, sir, on this great and important part of the system, the convention being equally divi- . ded, — flve States for the measure, five against, and one divided, — there was a total stand ; and we did not seem very likely to proceed any farther. At length, it was proposed that a * On this question, Mr. Martin was the only delegate for Maryland present, whicll civcurastance secured the State a negative. Immediately after the question had been taken, and the president had declared the votes, Mr. Jenifer came nto the con vention ; when Mr. King, from Massachusetts, valuing himself on Mr. Jenifer to divide the State of Mary- land on this question, as he had on the former, requested of the president that the question might be put again. How- 5ver, the motion was too extraordinary in its nature to meet with success. select committee should be balloted for, com- posed of a member from each State, which committee should endeavor to devise some mudo of reconciliation or compromise. I had the honor to be on that committee. We met, and discussed the subject of difference. The one side insisted on the inequality of suffrage in both branches ; the other side, equality in both. Each party was tenacious of their sentiments. When it was found that nothing could induce us > to yield the inequality in both branches, they at length proposed, by way of compromise, if we ^ would accede to their wishes as to the first branch, they would agree to an equal repre- sentation in the second. To this it was answer-" ed, that there was no merit in the proposal ; it was only consenting, after they had struggled to put both their feet on our necks, to take one of them off, provided ^e would consent to let them keep the other ^ii; when they knew, at the same time, that they could not put one foot on our necks, unless we would con.sent to it ; and that, by being permitted to keep on that one foot, they should afterwards be able to place the other foot on whenever they pleased. They were also called on to inform us what security they could give us, should we agree to this compromise, that they would abide by the plan of government formed upon it any longer than suited their interests, or they found it ex- pedient. " The States have a right to an equal- ity of representation. This is secured to us by our present articles of confederation ; we are in possession of this right. It is now to be torn from us'. What security can you give ns that, when you get the power the proposed system will give you, when you have men and money, you will not force from the States that equality of suffrage, in the second branch, which you now deny to be their right, and only give up from absolute necessity ? WiU you tell us we ought to trust you because yoil now enter into a solemn compact with us ? This you have done before, and now treat with the utmost con- tempt. Will you now make an appeal to the Supreme Being, and call on him to guaranty your observance of this compact ? The samo you have formerly done for your observance of the articles of (Confederation, which you are now violating in the most wanton manner. " The same reason which you now urge, for destroying our present federal government, may be urged for abohshing the system yon propose to adopt ; and as the method prescribed by the articles of confederation is now totally disregarded by- you, as little regard may be shown by you to the rules prescribed for the amendment of the new system, whenever, hav- ing obtained power by the government, you shall hereafter be pleased to discard it entirely, or so to alter it as to give yourselves all that superiority which you have now contended for, and to obtain^ which you have shown yourselves disposed to hazard the Union." — Such, sir, was the language used on that occasion ; and they wore told that, as we could not pcssibly have a FEDERAL CONVEKTION. 381 Btrongei' tie on them for the observance of the new system than we had for their observance Of the articles of confederation, (which liad proved totally insnffloient,) it would be wrong and imprudent to confide in them. It wus further observed, that the inequality uf the rep- resentation would be daily increasing — that many of the States whose territory was con- fined, and whose population was at this time large in proportion to their territory, would probably, twenty, thirty, or forty years hence, have no more representatives than at the intro- duction of the government ; whereas the States having extensive territory, where lands are to be procured cheap, would be daily increasing in the number of inhabitants, not only from propa- gation, but from the emigration of the inhabi- lants of the other States, and would have soon double, or perhaps treble, the number of repre- sentatives that they are to have at first, and thereby enormously increase their influence in the national councils. However, the majority of the select committee at length agreed to a series of propositions by way of compromise, — part of which related to the representation in the first branch, nearly as the system is now published, and part of them to the second branch, securing in that equid representation, — and reported them as a compromise upon the express terms that they were wholly to be adopted or wholly to be rejected. Upon this compromise, a great number of the members so far engaged themselves, that, if the system was progressed upon agreeably to the terms of com- promise, they would lend their names, by sign- ing it, and would not actively oppose it, if their States should appear inclined to adopt it. Some, however, — in which number was myself, — who joined in that report, and agi-eed to proceed upon those principles, and see what kind of a system would ultimately be formed upon it, yet reserved to themselves, in the most explicit manner, the right of finally giving a solemn dissent to the system, if it was thought by them inconsistent with the freedom and happiness of their country. This, sir, will account why the gentlemen of the convention so generally sign- ed their names to the system; — not because they thought it a proper one ; not because they thoroughly approved, or were unanimous for it ; but because they thought it better than the system attempted to be forced upon them. This report of the select committee was, after long dissension, adopted by a majority of the convention, and the system was proceeded in accordingly. I believe near a fortnight — per- haps more — was spent in the discussion of this business, during which we were on the verge of dissolution, scarce held together by the strength of a hair, though the public papers were announcing our extreme unanimity. Mr. Speaker, I think it my duty to observe that, during this struggle to prevent the large States from having all power in their hands, which had nearly terminated in a dissolution nf the convention, it did not appear to me that either of those illustrious characters, the Hon, Mr. Washington or the president of the State of Pennsylvania, was disposed to favor the claims of the smaller States against the undue superiority attempted by the large States. On the contrary, the iionorable president of Penn- sylvania was a member of the committee of compromise, and there advocated the right of the large States to an inequality in both branche.s, and only ultimately conceded it in the second branch on the principle of concilia- tion, when it was found no other terms would be accepted. This, sir, I think it my duty to mention for the consideration of those who en- deavor to prop up a dangerous and defective system by great names. Soon after this period, the Hon. Mr. Yates and Mr. Lansing, of New York, left us. They had uniformly opposed the system ; and, I believe, despairing of getting a proper one brought forward, or of rendering any real service, they returned no more. The propositions reported by the Committee o the Whole House having been fully discussed by the convention, and, with many alterations, having been agreed to by a majority, a com- mittee of five was appointed to detail the sys- tem according to the principles contained in what had been agreed to by that majority. This was likely to require some time, and the convention adjourned for eight or ten days. Before the adjournment, I moved for liberty to be given to the different members to take cor- rect copies of the propositions to which the convention had then agreed, in order that, during the recess of the convention, we might have an opportunity of consideriiig them, and, if it should be thought that any alterations or amendments were necessary, that we might be prepared, against the convention met, to bring them forward for discussion. But, sir, the same spirit which caused our doors to be shut, our proceedings to be kept secret, our journals to be locked up, and every avenue, as far as possible, to be shut to public information, pre- vailed also in this case, and the proposal, so reasonable and necessary, was rejected by a majority of the convention ; thereby precluding even the members themselves from the neces- sary means of information and deliberation on the important business in which they were en- It has been observed, Mr. Speaker, by my honorable colleagues, that the debate respecting the mode of representation was productive of considerable warmth. This observation is true. But, sir, it is equally true, that, if we could have tamely and servilely consented to be bound in chains, and meanly condescended to assist in riveting them fast, we might have avoided all that warmth, and have proceeded with as much calmness and coolness as any Stoic could have wished. Having thus, sir, given the honorable members of this House a shoi-t history of some of the interesting parts of our proceedings, I shall beg leave to take up the system published by the convention, and shall request your in 382 LUTHER MARTIN. dulgenoe while I make some observations on diifei-ent parts of it, and give you such further information as may be in my power. [Here Mr. Martin- read the first section of the first article, and then proceeded.} With respect to this part of the system, Mr. Speaker, there was a diversity of sentiment. Those who were for two branches in the legislature — a House of Representatives and a Senate — urged the neces- sity of a second branch, to serve as a cheek upon the first, and used all those trite and com- mon-place arguments which may be proper and just when applied to the formation of a State government over individuals variously distin- guished in their habits and manners, fortune and rank ; where a body chosen in a select manner, respectable for their wealth and dig- nity, may be necessary, frequently, to prevent the liasty and rash measures of a representation more popular. But, on the other side, it was urged that none of those arguments could with propriety be applied to the formation of a fed- eral government over a number of independent States — that it is the State governments which are to watch over and protect the rights of the individual, whether rich or poor, or of moder- ate circumstances, and in which the democratic and aristocratic influence or principles are to be so blended, modified, and checked, as to prevent oppression and injury — that the federal govern- ment is to guard and protect the States and their rights, and to regulate their common con- cerns — that a federal government is formed by the States, as States, (that is, in their sovereign capacities,) in the same manner as treaties and alliances are formed — that a sovereignty, con- sidered as such, cannot be said to have jarring interests or principles, the one aristocratic, and the other democratic ; but that the principles of a sovereignty, considered as a sovereignty, are the same, whether that sovereignty is monarchical, aristocratioal, democratical, or mixed — that the history of mankind doth not fiirnish an instance, from its earliest history to the present time, of a federal government con- stituted of two distinct branches — that the members of the federal government, if appoint- ed by the States in their State capacities, (that is, by their legislatures, as they ought,) would be select in their choice ; and, coming from different States, having different interests and views, this difference of interests and views would always be a shfficient check over the whole; and it was shown that even Adams, who, the reviewers have justly observed, ap- pears to be as fond of checks and balances as Lord Chesterfield of the graces, — even he de- ; glares that a council consisting of one branch has always been found sufiioient in a federal government. It was urged, that the government we were forming was not in reality a federal, but a na- tional, government, not founded on the princi- ples of the preservation, but the abolition or consolidation, of aU State governments — that we appeared totally to have forgotten the busi- ness for which we were sent, and the situation of the country for which we were preparing our system — that we had not been sent to form a government over the inhabitants of America, considered as individuals — that, as individuals, they were all subject to their respective State governments, which governments would still remain though the federal govei'nment should be dissolved — that the system of government we were intrusted to prepare, was a govern- ment over these thirteen States ; but that, in our proceedings, we adopted principles which would be right and proper only on the supposi- tion that there were no State governments at all, but that all the inhabitants of this extensive continent were, in their individual capacity, without government, and in a state of nature — that, accordingly, the system proposes the legis- lature to consist of two branches, the one to be drawn from the people at large, immediately, in their individual capacity; the other to be chosen in a more select manner, as a check upon the first. It is, in its very introduction, de- clared to be a compact between the people of the United States as individuals ; and it is to be ratified by the people at large, in their capacity as individuals ; all which, it was said, would be quite right and proper, if there were no State governments, if all the people of this continent were in a state of nature, and we were forming one national government for them as individ- uals ; and is nearly the same as was done in most of the States, when they formed their gov- ernments over the people who composed thenx Whereas it was urged, that the principles on which a federal government over States ought to be constructed and ratified are the reverse ; and, instead of the legislature consisting of two branches, ^ne branch was suflScient, whether examined by the dictates of reason or the expe- rience of ages — that the representation, instead of being drawn from the people at large, as in- dividuals, ought to be drawn from the States, as States, in their sovereign capacity — that, in a federal government, the parties to the compact are not the people, as individuals, but the States, as States ; and that it is by the States, as States, in theif sovereign capacity, that the system of government ought to be ratified, and not by the people, as individuals. It was further said, that, in a federal govern- ment over Slates equally free, sovereign, and independent, every State ought to have an equal share in making the tede:-al laws or regu- lations, in deciding upon them, and in carrying them into execution, neither of which was the case in this system, but the reverse, the States not having an equal voice in the legislature, nor in the appointment of the executive, the judges,- and the other officers of government. It was" insisted, that in the wliole system there was but one federal feature — the appointment of the senators by the States in their sovereign capa^ city, that is, by their legislatures, and the equal- ity of suffrage in that branch ; but it was said that this feature was only federal in appearance FEDERAL CONVENTION. 883 To prove this, — and that the Senate, as con- stituted, could not be a security for the protec- tion and preservation of the State governments, and that the senators could not be considered the representatives of the States, as States, — it was observed that, upon just principles, the representative ought to speak the sentiments of his constituents, and ought to vote in the same manner that his constituents would do, (as far as he can judge,) provided his constituents were acting in person, and had the same knowledge and Information with himself; and, therefore, I that the representative ought to be dependent on his constituents, and answerable to them; .that the connection between the representatives and the represented ought to be as near and as close as possible. According to these princi- ples, Mr. Speaker, in this State it is provided, by its Constitution, that the representatives in Congress shall be chosen annually, shall be paid by the State, and shall be subject to recall even within the year — so cautiously has our Consti- tution guarded against an abuse of the trust re- posed in our representatives in the federal gov- ernment ; whereas, by the third and sixth sec- tion of the first article of this new system, the senators are to be chosen for six years, instead of being chosen annually ; instead of being paid by their States who send them, they, in con- junction with the other branch, ai-e to pay themselves out of the treasury of the United States, and are not liable to be recalled during the period for which they are chosen. Thus, (rir, for six years, the senators are rendered to- tally and absolutely independent of their States, y i of whom they ought to be the representatives, -without any bond or tie between them. Dur- ing that time, they may join in measures ruin- ous and destructive to their States, even such as should totally annihilate their State govern- ments ; and their States cannot recall them, nor exercise any control over them. Another consideration, Mr. Speaker, it was thought, ought to have great weight to prove that the smaller States cannot depend on the Senate for the preservation of their rights, either against large and ambitious States, or against an ambitious, aspiring President. The Senate, sir, is so constituted that they are not ; only to compose one branch of the legislature, but, by the second section of the second article, they are to compose a privy council for the President. Hence it will be necessary that they should be, in a great measure, a permanent body, constantly residing at the seat of govern- ment. Seventy years are esteemed for the life of a man ; it can hardly be supposed that a sen- ator, especially from the States remote from the seat of empire, will accept of an appointment which must estrange him for six years from his State, without giving up, to a great degree, his prospects in his own State. If he has a family, he will take his family with him to the place where the government shall be fixed ; that will become his home ; and there is every reason to expect that his future views and prospects will centre in the favors and emoluments of the gen- eral govei-nmont, or of the government of that State where the seat of empire is established. In either case, he is lost to his own State. If he jilaces his future prospects in the favors and emoluments of the general government, he will become a dependant and creature of the Presi- dent. As the system enables a senator to be appointed to office, and without the nomination of the President no appointment can take place, — as such he will favor the wishes of the Presi- dent, and concur in his measures, who, if he has no ambitious views of his own to gratify, may be too favorable to the ambitious views of the large States, who will have an undue share in his original appointment, on whom he will be more dependent afterwards than on the States which are smaller. If the senator places his future prospects in that State where the seat of empire is fixed, from that time he will be. in every question wherein its particular interes* may be concerned, the representative of that State, not of his own. But even this provision apparently for the se- curity of the State governments, inadequate as it is, is entirely left at the mercy of the general government ; for, by the fourth section of the first article, it is expressly provided, that the Congress shall have a power to make and alter ^ all regulations concerning the time and manner of holding elections for senators — a provision expressly looking to, and I have no doubt de- signed for, the utter extinction and abolition of all State governments. Nor will this, I believe; be doubted by any person, when I inform you that some of the warm advocates and patrons of the system in convention strenuously opposed the choice of the senators by the State legis- latures, insisting that the State governments ought not to be introduced in any manner so as to be component parts of, or instruments for carrying into execution, the general govern- ment. Nay, so far were the friends of the sys- tem from pretending that they meant it, or con- sidered it as a federal system, that, on the ques- tion being proposed, "that a union of the States, merely federal, ought to be the sole objects of the exercise of the powers vested in the con- vention," it was negatived by a majority of the members; and it was resolved, "that a national government ought to be formed." Afterwards, the word " national " was struck out by them, because they thought the word might tend to alarm ; and although, now, they who advocate the system pretend to call themselves federal- ists, in convention the distinction was quite the reverse ; those who opposed the system were there considered and styled the federal party, those who advocated it the anti-federal. Viewing it as a national, not a federal"! \ ; government,-— as calculated and desigLed, not ; ^- to protect and preserve, but to abolish and i ; annihilate, the State governments, — it was op- i posed for the following reasons : It was said that \ this continent was much too extensive for ono > national government, which should have suffi- \ 884 LUTHEE MAETIN. cient power and energy to pervade, and hold in obedience and subjection, all its parts, consist- ently with the enjoyment and preservation of liberty — that the genius and habits of the people of America were opposed to such a govern- ment — that, during their connection with Great Britain, they had been accustomed to have all their concerns transacted within a narrow circle, their colonial district ; they had been ac- customed to have their seats of government near them, to which they might have access, without much inconvenience, when their busi- ness should require itv— that, at this time, we find, if a county is rather large, the people com- plain of the inconvenience, and clamor for a division of their county, or for a removal of the place where their courts are held, so as to ren- der it more central and convenient — that, in those States the territory of which is extensive, as soon as the population increases remote from the seat of government, the inhabitants are urgent for a removal of the seat of their gov- ernment, or to be erected into anew State. As a proof of this, the inhabitants of the western parts of Virginia and North Carolina, of Ver- mont and the Province of Maine, were in- stances ; even the inhabitants of the western parts of Pennsylvania, who, it is said, already seriously look forward to the time when they shall either be erected into a new State, or have their seat of government removed to the Sus- quehanna. If the inhabitants of the different States consider it as a grievance to attend a ^ county court, or the seat of their own govern- ment, when a little inconvenient, can it be sup- I posed they would ever submit to have a na- I tional government established, the seat of which would be more than a thousand miles removed Lfrom some of them ? It was insisted that gov- ernments of a republican nature are those best calculated to preserve the freedom and happi- ness of the citizen — that governments of this kind are only calculated for a territory but small in its extent — that the only method by which an extensive continent, like America, could be connected and united together, con- sistently with the principles of freedom, must be by having a number of strong and energetic State governments, for securing and protecting the rights of individuals forming those govern- ments, and for regulating all their concerns; and a strong, energetic, federal government over those States, for the protection and pre- servation, and for regulating the common con- cerns of the States. It was further insisted that, even if it waa possible to effect a total abolition of the State governments at this time, and to establish one general government over the people of America, it could not long subsist, but in a little time would again be broken into a variety of govern- ments of a smaller extent, similar, in some manner, to the present situation of this conti- nent. The principal difference, in all probabil- ity, would be, that the governments so estab- lished, being affected by some violent convul- sion, might not he formed on principles sc favorable to liberty as those of our present State governments — that this ought (o be an impor- tant consideration to such of the States who had excellent governments, which wns the case with Maryland, and most others, whatever it might be to persons who, disapproving of their particular State government, would be willing to hazard every thing to overturn and destroy it. These reasons, sir, influenced me to vote" against two branches in the legislature, and against every part of the system which was re- pugnant to the principles of a fe^'iral govern- ment. Nor was there a single arg*ument urged, or reason assigned, which, to my mind, was satisfactory to prove that a good government, on federal principles, was unattainable; the whole of their arguments only proving, what none if us controverted — that our federal gov- ernment, as originally formed, was defective, and wanted amendment. However, a majority of the convention, hastily and inconsiderately, wiu lat conde- scending to make a fair trial, in their great wis- dom decided that a kind of government which a Montesquieu and a Price have declared the best calculated of any to preserve internal lib- erty, and to enjoy external strength and securi- ty, and the only one by which a large continent can be connected and united, consistently with the principles of liberty, was totally impracti- cable; and they acted accordingly. With respect to that part of the second sec- tion of the first article which relates to the ap- portionment of representation and direct taxa- tion, there were considerable objections made to it, besides the great objection of inequality. It was urged, that no princijile could justify taking slaves into computation in apportioning ' the number of representatives a State should have in the government — that it involved the absurdity of increasing the power of a State in making laws for free men in proportion as that State violated the rights of freedom — that it might be proper to take slaves into considera- tion, when taxes were to be apportioned, be- cause it had a tendency to discourage slavery ; but to take them into account in giving repre- sentation tended to encourage the slave trade, and to make it the interest of the States to con- tinue that infamous trafiic — that slaves could not be taken into account as men, or citizens, because they were not admitted to the rights of citizens, in the States which adopted or con- tinued slavery. If they were to be taken into account as property, it was asked what peculiar circumstance should render this property (of all others the most odious in its nature) entitled to the high privilege of conferring consequence and power in the government to its possessors, rather than any other property ; and why slaves should, as property, be taken into account rather than horses, cattle, mules, or any other species ; and it was observed, by an honorable member from Massachusetts, that he considered it as dishonorable and humiliating to enter intc FEDERAL OONVENTIOW. 380 compact with the slaves of the Southern States, as it would with the horses and mules of the Eastern. It was also objected that the numbers of representatives appointed by this section to be sent, by the particular States, to compose the first legislature, were not precisely agreeable to the rule of representation adopted by this sys- tem, and that the numbers in this section are artfully lessened for tlie large States, while the smaller States have their full proportion, in or- der to prevent the undue influence which the large States will have in the government from being too apparent ; and I think, Mr. Speaker, that this objection is well founded. I have taken some pains to obtain informa- tion of the number of freemen and slaves in the different States ; and I have reason to believe that, if the estimate was now taken which is directed, and one delegate to be sent for every thirty thousand inhabitants, that Virginia would have at least twelve delegates, Massa- chusetts eleven, and Pennsylvania ten, instead of the number stated in this section ; whereas t!ie other States, I believe, would not have more than the number there allowed them ; nor would Georgia, most probably, at present, send more than two. If I am right, Mr. Speaker, upon the enumeration being made, and the rep- resentation being apportioned according to the rule prescribed, the whole number of delegates would be seventy-one, thirty-six of which would be a quorum to do business : the delegates of Virginia, Massachusetts, and Pennsylvania, would amount to thirty-three of that quorum. Those three States will, therefore, have much more than equal power and influence in making the law_s and regulations which are to affect this continent, and will have a moral certainty of preventing any laws or regulations which they disapprove, although they might be thought ever so necessary by a great majority of the States. It was furtlier objected that, even if the States who bad most inhabitants ought to have a greater number of delegates, yet the number of delegates ought not to be in exact proportion to the number of inliabitants, be- cause the influence and power of those States whose delegates are numerous wiU be greater, when compared with the influence and power of the other States, than the proportion which the numbers of their delegates bear to each other ; as, for instance, though Delaware has but one delegate, and Virginia but ten, yet Virginia has more than ten times as much power and influence in the government as Dela- ware. To prove this, it was observed that Virginia would have a much greater chance to carry any measure than any number of States whose delegates were altogether ten, (suppose the States of Delaware, Connecticut, Eliode Island, and New Hampshire,) since the ten dele- gates from Virginia, in every thing that related to the interest of that State, would act in union, and move one solid and compact body ; whereas the delegates of these four States, though col- lectively equal in number to those from Vir- 25 ginia, coming from different States having different interests, will be less likely to har- monize and move in concert. As a further proof, it was said that Virginia, as the system is now reported, by uniting with her the dele- gates of four other States, can can-y a question against the sense and interest of the eight States by sixty-four different combinations ; the four States voting with Virginia being every time so far different as not to be composed of the sanje four ; whereas the State of Delaware can only, by uniting four other States with her, carry a measure against the sense of eight States by two different combinations — a mathematical proof that the State of Virginia has thirty-two times greater chance of carrying a measure against the sense of eight States than Delaware, al- though Virginia has only ten times as many delegates. It was also shown that the idea was totally fallacious, which was attempted to be maintained, that, if a State had one thirteenth part of the numbers composing the delegation in this system, such State would have as much influence as under the articles of confederation. To prove the fallacy of this idea, it was shown that, under the articles of confederation, the State of Maryland had but one vote in thirteen ; yet no measure could be carried against her in- terests without seven States, a majority of the whole, concurring in it; whereas, in this sys- tem, though Maryland has six votes, — which is more than the proportion of one in thirteen, — yet five States may, in a variety of combina- tions, carry a question against her interest, though seven other States concur with her, and six States, by a much greater number of com- binations, may carry a measure against Mai-y- land, united with six other States. I shall here, sir, just observe, that, as the committee of de- tail reported the system, the delegates from the diflferent States were to he one for every forty thousand inhabitants : it was afterwards altered to one for every thirty thousand. This altera- tion was made after I left the convention, at the instance of whom I know not ; but it is evi- dent that the alteration is in favor of the States which have large and extensive territory, to in- crease their power and influence in the govern- ment, and to the injury of the smaller States ; since it is the States of extensive territory who will most speedily increase the number of their inhabitants, as before has been observed, and will, therefore, most speedily procure an in- crease to the number of their delegates. By this alteration, Virginia, North Carolina, or Georgia, by obtaining one hundred and twenty tliousand additional inhabitants, will be entitled to four additional delegates; whereas such State would only have been entitled to three, if forty thousand had remained the number by which to apportion the delegation. As to that part of this section that relates to direct taxation, there was also an objection for the following reasons : It was said that a large sum of money was to be brought into the national treasury by the duties on commerce. 386 LTJTHER MARTIIT. which would he almost wholly paid hy the com- mercial States ; it would be unequal and unjust that the sum which was necessary to he raised by direct taxation should he apportioned equally upon a!] the States, obliging the commercial States to pay as large a share of the revenue arising therefrom as the States from whom no revenue had been drawn hy imposts ; since the wealth and industry of the inhabitants of the commercial States wUl, in the first place, be severely taxed through their commerce, and afterwards be equally taxed with the industry and wealth of the inhabitants of the other States, who have paid no part of that revenue ; so that, by this provision, the inhabitants of the commercial States are, in this system, ohliged to bear an unreasonahle and disproportionate share in the expenses of the Union, and the payment of that foreign and domestic debt which was incurred not more for the benefit of the commercial than of the other States. In the sixth section of the first article, it is provided, that senators and representatives may be appointed to any civil oflace under the au- thority of the United States, except such as shall have been created, or the emoluments of which have been increased, during the time for which they were elected. Upon this subject, sir, there was a gi-eat diversity of sentiment among the members of the convention. As the propositions were reported by the Committee of the "Whole House, a senator or representa- tive could not be appointed to any office under a particular State, or under the United States, during the time for which they were chosen, nor to any office under the United States until one year after the expiration of that time. It was said — and in my opinion justly — ^that no ' good reason could he assigned why a senator or I representative should be incapacitated to hold an office in his own government, since it can only bind him more closely to his State, and attach him the more to its interests, which, as its representative, fie is bound to consult and sacredly guard, as far as is consistent with the welfare of the Union, and therefore, at most, would only add the additional motive of grati- tude for discharging his duty ; and, according to this idea, the clause which prevented sena- tors or delegates from holding offices in their own States was rejected by a considerable ma- jority. But, sir, we sacredly endeavored to preserve all that part of the resolution which prevented them from heing eligible to offices under the United States, as we considered it essentially necessary to preserve the integrity, independence, and dignity of the legislature, and to secure its memhers from corruption. I was in the numher of those who were ex- tremely solicitous to preserve this part of the report ; hut there was a powerful opposition made hy such who wished the members of the legislature to be eligible to offices under the United States. Three different times did they attempt to procure an alteration, and as often failed — a majority firmly adhering to the reso- lution as reported by the committee ; howevei, an alteration was at length, hy dint of perse- veraiice, obtained, even within the last twelve days of the convention, — for it happened after I left Philadelphia. As to the exception that they cannot be appointed to offices created by themselves, or the emoluments of which are by themselves increased, it is certainly of little consequence, since they may easily evade it by creating new offices, to which may he appoint- ed the persons who fill the oflSces before created, and thereby vacancies will be made, which may be filled by the members who for that purpose have created the new offices. It is true, the acceptance of an office vacates their seat, nor can they he reelected during their continuance in office ; but it was said, that the evil would first take place ; that the price for the office would be paid before it was ob- tained ; that vacating the seat of the person who was appointed to office made way for the admission of a new member, who would come there as desirous to obtain an office as he whom he succeeded, and as ready to pay the price necessary to obtain it : in fine, that it would be only driving away the flies that were filled, to^ make room for those that were hungry. And as the system is now reported, the President having the power to nominate to all offices, it . must be evident that there is no possible secu- rity for the integrity and independence of the legislature, but that they are most unduly placed under the infiuence of the President, and ex- posed to bribery and corruption. The seventh section of this article was also the subject of contest. It was liiought, by many members of the convention, that it was very wrong to confine the origination of all revenue bills to the House of Eepresentatives, since the members of the Senate will be chosen by the people as well as the members of the House of Delegates, — ^if not immediately, yet mediately, — being chosen by the memhers of the State legislatures which members are elected by the people ; and that it makes no real differ- ence whether we do a thing in person, or by a deputy or agent appointed by us for that purpose. That no argument can be drawn from the House of Lords in the Bi-itish constitution, since they are neither mediately nor immediately the representatives of the people, hut are one of the three estates composing that kingdom, hav- ing hereditary rights and privileges, distinct from and independent of the people. That it may, and probably will, be a future source of dispute and controversy between the two branches, what are, or are not, revenue bills, and the more so as they are not defined in the constitution ; which controversies may be difficult to settle, and may become serious in their consequences, there heing no power in the constitution to decide upon, or authorize, in cases of absolute necessity, to terminate them by a prorogation or dissolution of either of the branches — a remedy provided in the Bi-itish FEDERAL CONVENTION. 38? jonstitntion, where the king has that power, which has heen found necessary at times to be exercised, in oases of violent dissensions between the Lords and Commons on the subject of jnoney bills. That every regulation of commerce ; every \ law relative to excises, stamps, the post-offlce, the imposing of taxes, and their collection ; the ■i citation of courts and offices ; in fine, every law • for the Union, if enforced by any pecuniary sanctions, as they would tend to bring money 1 into the Continental treasury, might, and no i doubt would, be considered a revenue act. That consequently the Senate — the members of which will, it may be presumed, be the most select in their choice, and consist of men the most en- lightened and of the greatest abilities, who, from the duration of their appointment and the permanency of their body, will probably be best acquainted with the common concerns of the States, and with the means of providing for them — will be rendered almost useless as a part of the legislature ; and that they will have but little to do in that capacity except patientHy to wait the proc^.edings of the House of Repre- sentatives, and afterwards examine and ap- prove, or propose amendments. There were also objections to that part of /this section which relates to the negative of the VPresident. There were some who thought no ^ "good reason could be assigned for givijig the President a negative of any kind. Upon the principle of a check to the proceedings of the legislature, it was said to be unnecessary ; that the two branches having a control over each other's proceedings, and the Senate being chosen by the State legislatures, and being .composed of members from the dififerent States, there would always be a sufficient guard against measares being hastily or rashly adopted — that the President was not likely to have more wis- dom or integrity than the senators, or any of them ; or to better know or consult the interest of the States, than any member of the Senate, so as to be entitled to a negative on that prin- ciple ; and as to the precedent from the British constitution, (for we were eternally troubled with arguments and precedents from the British government.) it was said it would not apply. The king of Great Britain there composed one of the three estates of the kingdom ; he was possessed of rights and privileges as such, distinct from the Lords and Commons — rights and privi- leges which descended to his heirs, and were inheritable by them ; that, for the preservation of these, it was necessary he should have a negative ; but that tliis was not the case with the President of the United States, who was no more than an officer of the government ; the sovereignty was not in him, but in the legisla- ture. And it was further urged, even if he was allowed a negative, it ought not to be of so great extent as that given by the system, since his single voice is to countervail the whole of either branch, and any number less than two thirds of the other. However, a majority of the convention was of a different opinion, and adopted it as it now makes a part of the system. By the eighth section of this article, Congress is to have power to lay and collect taxes, duties, imposts, and excises. When we met in conven- tion, after our adjournmeuv, to receive the re- port of the committee of detail, the members of that committee were requested to inform us what powers were meant to be vested in Con- gress by the word duties in this section, since the word imposts extended to duties on goods imported, and by another part of the system no duties on exports were to be laid. In answer to this inquiry, we were informed that it was meant to give the general government the power of laying stamp duties on paper, parch- ment, and vellum. We then proposed tu hnve the power inserted in express words, lest dis- putes might hereafter arise on the subject, and that the meaning might be understood by all who were to be affected by it ; but to this it was objected, because it was said that the word stamp would probably sound odiously in the ears of many of the inliabitants, and be a cause of objection. By the power of imposing stamp duties, the Congress will have a right to declare, that no wills, deeds, or other instru- ments of writing, shall be good and valid with- out being stamped ; that, without being reduced to writing, and being stamped, no bargain, sale, transfer of property, or contract of any kind or nature whatsoever, shall be binding ; and also that no exemplifications of records, depositions, or probates of any kind, shall be received in evidence, unless they have the same solemnity. They may likewise oblige all proceedings of a judicial nature to be stamped, to give them efieot. Those stamp duties may be imposed to any amount they please ; and under the pi-e- tence of securing the collections of these duties, and to prevent the laws which imposed them from being evaded, the Congress maybiung the decision of all questions relating to the convey- ance, disposition, and rights of property, and every question relating to contracts between man and man, into the courts of the general government — ^their inferior courts in the first instance, and the superior court by appeal. By the power to lay and collect imposts, they may impose duties on any or every article of com- merce imported into these States, to what amount they please. By the power to lay ex- cises, — a power very odious in its nature, since it authorizes officers to go into your houses, your kitchens, your cellars, and to examine into your private concerns, — the Congress may im- pose duties on every article of use or consump- tion, on the food that we eat, on the liquors that we drink, on the clothes that we wear, the glass which enlightens our houses, or the hearths ne- cessary for our warmth and comfort. By the power to lay and collect taxes, they may proceed to direct taxation on every individual, either by a capitation tax on their heads, or an assess- ment on their property. By this part of the section, therefore, the govarnment has power B88 LUTHER MARTIN. to lay what duties they please on goods im- ported ; to lay what duties they please, after- wards, on whatever we use or consume ; to im- pose stamp duties to what amount they please, and in whatever case they please ; — afterwards, to impose on the people direct taxes, by capita- tion tax, or by assessment, to what amount they choose, and thus to sluice them at every vein as long as they have a drop of blood, without any control, limitation, or restraint ; while all the officers for collecting these taxes, stamp duties, imposts, and excises, are to be appointed by the general government, under its directions, not accountable to the States ; nor is there even a security that they shall be citizens of the respective States in which they are to exercise their oiBces. At the same time, the construc- tion of every law imposing any and all these taxes and duties, and directing the collection of them, and every question arising thereon, and on the conduct of the officers appointed to execute these laws, and to collect these taxes and duties, so various in their kinds, is taken away from the courts of justice of the different States, and confined to the coui-ts of the general government, there to be heard and determined by judges holding their offices under the ap- pointment, not of the States, but of the general government. Many of the members, and myself in the ,:' number, thought that States were much better judges of the circumstances of their citizens, and what sum of money could be collected from them by direct taxation, and of the manner in which it could be raised with the greatest ease and convenience to their citizens, than the gen- eral government could be ; and that the general government ought not to have the power of laying direct taxes in any case but in that of the delinquency of a State. Agreeably to this sentiment, I brought in a proposition on which a vote of the convention was taken. The proposition was as follows : " And whenever the legislature of the United States shall find it necessary that revenue should be raisi, ,' by direct taxation, having apportioned the same by the above rule, requisitions shall be made of the respective States to pay into the conti- nental treasury their respective quotas within a time in the said requisition to be specified; and in case of any of the States failing to comply with such requisition, then, and then only, to have power to devise and pass acts directing the mode and authorizing the collection of the same." Had this proposition been acceded to, the dangerous and oppressive power in the general government of imposing direct taxes on the inhabitants, which it now enjoys in all cases, would have been only vested' in it, in case of the non-compliance of a State, as a punishment for its delinquency, and would have ceased the moment that the State complied with the re- quisition. But the proposition was rejected by a majority, consistent with their aim and desire of increasing the power of the general govern- ment as far as possible, and destroying the powers and influence of the States. And though there is a provision that all duties, imposts, and excises, shall be uniform, — that is, to be laid tc the same amount on the same articles in each State,— yet this will not prevent Congress from having it in their power to cause them to fall very unequally, and much heavier on some States than on others, because these duties may be laid on articles but little or not at all used in some States, and of absolute necessity for the use and consumption of others ; in which case, the first would pay little or no part of the reve- nue arising therefrom, while the whole, or nearly the whole of it, would be paid by the last, to wit, the States which use and consume the articles on which the imposts and excises are laid. By our original articles of confederation, the Congress have power to borrow money and emit bills of credit on the credit of the United States ; agreeable to which was the report on this system, as made by the committee of detail. When we came to this part of the report, a motion was made to strike out the words " to emit bills of credit." Against the motion we urged, that it would be improper to deprive the Congress of that power ; that it would be a novelty unprecedented to establish a govern- ment which should not have such authority ; that it was impossible to look forward into fu- turity so far as to decide that events might not happen that should render the exercise of such a power absolutely necessary; and that we doubted whether, if a war should take place, it would be possible for this country to defend it- self without having recourse to paper credit, in which case there would be a necessity of becom- ing a prey to our enemies, or violating the Con- stitution of our government ; and that, consid- ering the administration of the government would be principally in the hands of the wealthy there could be little reason to fear an abuse of the power by an unnecessary or injurious use of it. But, sir, a majority of the convention, being wise beyond every event, and being wil- ling to risk any political evil rather than admit the idea of a paper emission in any possible case, refused to trust this authority to a government to which they were lavishing the most unlim- ited powers of taxation, and to the mercy of which they were willing blindly to trust the liberty and property of the citizens of every State in the Union ; and they erased that clause from the system. Among other powers given to this government in the eighth section, it has that of appointing tribunals inferior to the Su- preme Court. To this power there was an op- position. It was urged that there was no occasion for inferior courts of the general gov- ernment to be appointed in the different States, and that such ought not to be admitted — that the different State judiciaries in the respective States would be competent to, and sufficient for, the cognizance in the first instance of aU cases that should arise under the laws of the FEDERAL CONVENTION. 88b general government, which, being by this sys- tem made the supreme law of the States, would be binding on the different State judiciaries — that, by giving an appeal to the Supreme Court of the United States, the general government would have a sufficient check over their decis- ions, and security for the enforcing of their laws — that to have inferior courts appointed under the authority of Congress, in the differ- ent States, would eventually absorb and swallow up the State judiciaries, by drawing all business from them to the courts of the general govern- ment, which the extensive and undefined pow- ers, legislative and judicial, of which it is pos- sessed, would easily enable it to do — that it would unduly and dangerously increase the weight and influence of Congress in the several States ; be productive of a prodigious number of officers ; and be attended with an enormous additional and unnecessary expense — that, the iudiciaries of the respective States not having power to decide upon the laws of the general government, but the determination of those laws being confined to the judiciaries appointed under the authority of Congress in the first in- stance, as well as on appeal, there would be a necessity for judges or magistrates of the gene- ral government, and those to a considerable number, in each county of every State — that there would be a necessity for courts to bo holden by them in each county, and that these courts would stand in need of all proper offi- cers, such as sheriffs, clerks, and others, com- missioned under the authority of the general government — ^in fine, that the administration of justice, as it will relate to the laws of the general government, would require in each State all the magistrates, courts, officers, and expense, which are now found necessary, in the respective States, for the administration of jus- tice as it relates to the laws of the State gov- ernments. But here, again, we were overruled by a majority, ■« ho, assuming it as a principle that the general government and the State gov- ernments (as long as they should exist) would be at perpetual variance and enmity, and that their interests would constantly be opposed to each other, insisted, for that reason, that the State judges, being citizens of their respective States, and holding their commissions under them, ought not, though acting on oath, to be intrusted with the administration of the laws of the general government. By the eighth section of the first article, the ; Congress have also a power given them to raise and support armies, without any limitation as to numbers, and without any restriction in time — (rf peace. Thus, sir, this plan of government, instead of guarding against a standing army, — ^ tliat engine of arbitrary power, which has so I often and so successfuly been used for the sub- I version of freedom, — has, in its formation, ' given it an express and constitutional sanction, and hath provided for its introduction. Nor could this be prevented. I took the sense of the convention on a proposition, by which the | Congress should not have power, in time of peace, to keep imbodied more than a certain number of regidai troops, that number to be ascertained by what should be considered a respectable peace establishment. This propo- sition was rejected by a majority, it being theii determination that the power of Congress to keep up a standing army, even in peace, should only be restrained by their will and pleasure. This section proceeds, ftirther, to give a power to the Oongrea" to provide for the calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions. Af to giving such a power there was no objection ; but it was thought by some that this powoi ought to be given with certain restrictions. It was thought that not more than a certain part of the militia of any one State ought to be obliged to march out of the same, or be em- ployed out of the same, at any one time, with- out the consent of the Legislature of such State. This amendment I endeavored to obtain ; but . it met with the same fate which attended al- most every attempt to limit the powers given to the general government, and constitutionally to guard against their abuse : it was not adopted. As it now stands, the Congress will have the power, if they please, to march the whole militia of Maryland to the remotest part^f the Union, and keep them in service as long as they think proper, without being in any respect de- pendent upon the government of Maryland for this unlimited exercise of power over its citi- zens — all of whom, from the lowest to the greatest, may, during such service, be subjected to military law, and tied up and whipped at the halbert, like the meanest of slaves. By the next paragraph. Congress is to have the power to provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be emploj'ed in the service of the United States. For this extraordinary provision, by which the militia — the only defence and protection which the State can have for the security of their rights against arbitrary encroachments of the general government — is taken entirely out of the power of their respective States, and placed under the power of Congress, it was speciously assigned, as a reason, that the gene- ral government would cause the militia to be better regulated and better disciplined than the State governments, and that it would be proper for the whole militia of the Union to have a uniformity in their arms and exercise. To this it was answered, that the reason, however spe- cious, was not just — that it would be absurd that the militia of the western settlements, who were exposed to an Indian enemy, should either be confined to the same arms or exercise as the militia of the Eastern or Middle States — tliiit the same penalties which would be sufficient to enforce an obedience to militia laws in some States, would be totally disregarded in others — that, leaving the power to the several States, " they would respectively best know the sitna/ J90 LUTHER MARTIK tion and circumstance of their citizens, and the regulations that would be necessary and suffi- cient to effect a well-regulated militia in each — tliat we were satisfied the militia had heretofore beon as well disciplined as if they had been under the regulations of Congress — and that the States would now have an additional mo- tive to keep their miljtia in proper order, and fit for service, as it would be the only chance to preserve their existence against a general government, armed with powers sufllcient to destroy them. These observations, sir, procured from some of the members an open avowal of those rea- sons by which we believed, before, that they were actuated. They said that, as the States would be opposed to the general government, and at enmity with it, — which, as I have al- ready observed, they assumed as a principle, — if the mihtia was under the control and the authority of the respective States, it would en- ; able them to thwart and oppose the general ^government. They said the States ought to be at the mercy of the general government, and, therefore, that the militia ought to be put under its power, and not suffered to remain under the power of the respective States. In answer to these declarations, it was urged that if, after having retained to the general government the great powers already granted, — and among those, that of raising and keeping up regular troops without limitation, — the power over the militia should be taken away from the States, and also given to the general government, it ought to be considered as the last coup de grace to the State governments ; that it must be the most convincing proof, the advocates of this system design the destruction of the State governments, and that no professions to the contrary ought to be trusted ; and that every State in the Un- ion ought to reject such a system with indigna- tion, since, if the general government should attempt to oppress and enslave them, they could not have any possible means of self-defence; because the proposed system, taking away from the States the right of organizing, arming, and disciplining of the mihtia, the first attempt made by a State to put the militia in a situation to counteract the arbitrary measures of the gen- eral government would be construed into an' act of rebellion or treason, and Congress would instantly march their troops into the State. It was further observed that, when a government wishes to deprive their citizens of freedom, and reduce them to slavery, it generally makes use of a standing army for that purpose, and leaves the militia in a situation as contemptible as possible, lest they might oppose its arbitrary de- signs — that in this system we give the general government every provision it could wish for, and even invite it to subvert the liberties of the States and their citizens, since we give it the right to increase and keep up a standing army as numerous as it would wish, and, by placing the militia under its power, enable it to leave the militia totally unorganized, undisciplined, and even to disarm them ; while the citizens so far from complaining of this neglect, might even esteem it a favor in the general govern ment, as thereby they would be freed fi-om the burden of militia duties, and left to their own private occupations and pleasures. However, all arguments, and every reason which could be urged on this subject, as well as on many others, were obliged to yield to one that waa unanswerable, a majority upon the division. By the ninth section of this article, the im- portation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited prior to the year one thou- sand eight hundred and eight ; but a duty may be imposed on such importation not exceeding ten dollars each person. The design of this clause is to prevent the general government from prohibiting the im- portation of slaves ; but the same reasons which caused them to strike out the word "national," and not admit the word "stamps," iniiuenced them here to guard against the word " slaves." They anxiously sought to avoid the admission of expressions which might be odious in the ears of Americans, although they were willing to admit into their system those things which the ex- pressions signified; and hence it is that the clause is so worded as really to authorize the general government to impose a duty of ten doUars on every foreigner who comes into a State to become a citizen, whether he comes absolutely free, or qualifiedly so as a servant ; although this is contrary to the design of the framers, and the duty was only meant to extend to the importation of slaves. This clause was the subject of a great diver sity of sentiment in the convention. As the system was reported by the committee of de tail, the provision was general, that such impor- tation should not be prohibited, without con- fining it to any particular period. This was rejected by eight States-— Greorgia, South Car- olina, and, I think, North Carolina, voting for it. We were then told by the delegates of the ^ , two first of those States, that their States would never agree to a system which put it in the ( >' power of the general government to prevent the importation of slaves, and that they, as delegates from those States, must withhold their assent from such a system. A committee of one member from each State was chosen by ballot, to take this part of the system under their consideration, and to en- deavor to agree upon some report which should reconcile those States. To this committee also was referred the following proposition, which had been reported by the committee of detail, viz : " No navigation act shall be passed with- out the assent of two-thirds of the members present in each House " — a proposition which the staple and commercial States were solicitous to retain, lest their commerce should be placed too much under the power of the Eastern States, but which these last States were as anxious to FEDERAL CONVENTION". 39] reject. This committee — of which also I had the honor to be a member — met, and took un- der their consideration the subjects committed to them. I found the Eastern States, notwith- standing their aversion to slavery, were very willing to indulge the Southern States, at least with a temporary liberty to prosecute the slave trade, provided the Southern States would, in their turn, gratify them, by laying no restric- tion on navigation acts ; and after a very little time, the committee, by a great majority agreed on a report, by which the general government ■■ was to be prohibited from preventing the im- ■ portation of slaves for a limited time, and the ./restrictive clause relative to navigation acts was to be omitted. This report was adopted by a majority of the convention, but not without considerable oppo- sition. It was said that we had just assumed a place among independent nations, in conse- quence of our opposition to the attempts of Great Britain to enslave us ; that this opposi- tiim was grounded upon the preservation of those rights to which God and nature had en- titled us, not in particular, but in common with the rest of all mankind — ^that we had appealed to the Supreme Being for his assistance, as the God of freedom, who could not but approve our efforts to preserve the rights which he had thus imparted to his creatures — that now, when we scarcely had risen from our knees, from suppli- cating his aid and protection, in forming our government over a free people, — a government formed pretendedly on the principles of liberty, and for its preservation, — in that government to have a provision not only putting it out of its power to restrain and prevent the slave trade, but even encouraging that most infamous traffic, by giving the States power and influence in the Union in proportion as they cruelly and wantonly sport with the rights of their fellow- creatures, ought to be considered as a solemn mockery of, and insult to, that God whose pro- tection we had then implored ; and could not fail to hold us up in detestation, and render us contemptible to every true friend of liberty in the world. It was said, it ought to be consid- ered, that national crimes can only be, and fre- quently are, punished in this world by national punishments ; and that the continuance of the slave trade, and thus giving it a national sanc- tion and encouragement, ought to be considered as justly exposing us to the displeasure and ven- geance of Him who is equally Lord of all, and who views with equal eye the poor African slave and his Arr-erican master. It was urged that, by this system, we were giving the general government full and absolute power to regulate commerce, under which gen- eral power it would have a right to restrain, or totally prohibit, the slave trade ; it must, there- fore, appear to the world absurd and disgrace- ful, to the last degree, that we should except from the exercise of that power the only branch of commerce which is unjustifiable in its na- ture, and contrary to the rights of mankind — that, on the contrary, we ought rather to pri'- hibit expressly, in our Constitution, the further importation of slaves; and to authorize the general government, from time to time, to make such regulations as should be thought most ad- vantageous for the gradual abolition of slavery, and the emancipation of the slaves which are already in the States — that slavery is inconsis- tent with the genius of republicanism, and has a tendency to destroy those principles on which it is supported, as it lessens tlie sense of the equal rights of mankind, and habituates us to tyranny and oppression. It was further urged that, by this system of government, every State is to be protected both from foreign invasion and from domestic insurrections ; that, from this consideratiou, it was of the utmost importance it should have a power to restrain the importa- tion of slaves, since, in proportion as the num- ber of slaves was increased in any State, in the same proportion the State is weakened and ex- posed to foreign invasion or domestic insur- rection, and by so much less will it be able to protect itself against either; and, therefore, will, by so much the more, want aid from, and be a burden to, the Union. It was further said, that as, in this system, we were giving the gen- eral government a power, under the idea of na- tional character or national interest, to regulate even our weights and measures, and have pro- hibited all possibility of emitting paper money, and passing insolvent laws, &c., it must appear still more extraordinary, that we should pro- hibit the government from interfering with the slave trade, than which nothing could so mate- rially affect both our national honor and inter- est. These reasons influenced me, both on the committee and in convention, most decidedly to oppose and vote against the clause, as it now makes a part of the system. You will perceive, sir, not only that the gen- ~ eral government is prohibited from interfering in the slave trade before the year eighteen hun- dred and eight, but that there is no provision in the Constitution that it shall afterwards be prohibited, nor any security that such prohibi- tion will ever take place ; and I think there is great reason to believe that, if the importation of slaves is permitted until the year eighteen hundred and eight, it will not be prohibited afterwards. At this time we do not generally hold this commerce in so great abhorrence as we have done. When our liberties were at stake, we warmly felt for the common rights of men. The danger being thought to be past which threatened ourselves, we are daily grow- ing more insensible to those rights. In those States which have restrained or prohibited the importation of slaves, it is only done by legis- lative acts, which may be repealed. Wher those States find that they must, in their na- tional character and connection, suffer in the disgrace, and share in the inconveniences, at- tendant upon that detestable and iniquitous traffic, they may be desirous, also, to share in the benefits arising from it ; and the odium at- 392 LUTHER MARTIN". tending it will be greatly effaced by the sanc- tion -vvhicli is given to it in the general govern- ment. By the next paragraph, the general govern- ment is to have a power of suspending the habeaij corpus act, in cases of rebellion or in- vasion. As the State governments have a power of suspending the habeas corpus act in those oases, it was said there could be no reason for giving such a power to the general government, since, whenever the State which is invaded, or in which an insurrection takes place, finds its safety requires it, it will make use of that power ; and it was urged that, if we gave this power to the general government, it would be an engine of oppression in its hands, since, whenever a State should oppose its views, how- ever arbitrary and unconstitutional, and refuse submission to them, the general government may declare it an act of rebellion, and suspend- ing the habeas corpus act, may seize upon the persons of those advocates of freedom who have had virtue and resolution enough to excite the opposition, and may imprison them during its pleasure in the remotest part of the Union, so that a citizen of Georgia might be Bastiled in the farthest part of New Hampshire, or a citi- zen of New Hampshire in the farthest extreme to the South, — cut off from their family, their friends, and their every connection. These considerations induced me, sir, to give my neg- ative also to this clause. In this same section, there is a provision that no preference shall be given to the ports of one State over another, and that vessels bound to or from one State shall not be obliged to enter, clear, or pay duties, in another. This provis- ion, as well as that which relates to the uni- formity of impost duties and excises, was in- troduced, sir, by the delegation of this State. Without such a provision, it would have been in the power of the general government to com- pel all ships sailing into or out of the Chesa- peake, to clear and enter at Norfolk, or some port in Virginia — a regulation which would be extremely injurious to our commerce, but which would, if considered merely as to the interest of the Union, perhaps not be thought unrea?on- able, since it would render the collection of the revenue arising from commerce, more certain and less expensive; But, sir, as the system is now reported, the general government have a power to establish what ports they please in each State, and to ascertain at what ports in every State ships shall clear and enter in such State — a power which ; may be so used as to destroy the effect of that provision, since by it may be established a port in such a place as shall be so inconvenient to the States as to render it more eligible for their shipping to clear and enter in another than in their own States. Suppose, for instance, the general government should determine that all ships which cleared or entered in Maryland, ahould clear and enter at Georgetown, on the Potomac ; it would oblige all the ships whioJ- sailed from, or were bound to, any other port of Maryland, to clear or enter in some port in Virginia To prevent such a nse of the power which the general government now has of lim- iting the number of ports in a State, and fixing the place or places where they shall be, we en- deavored to obtain a provision, that the general government should only, in the first instance, have authority to ascertain the number of ports proper to be established in each State, and transmit infoimation thereof to the several States, the legislatures of which, respectively, should have the power to fix the places where those ports should be, according to their idea of what would be most advantageous to the commerce of their State, and most for the ease and convenience of their citizens ; and that the general government should not interfere in the establishment of the places, unless the legisla- ture of the State should neglect or refuse so to do ; but we could not obtain this alteration. By the tenth section, every State is prohib- ited from emitting bills of credit. As it was reported by the committee of detail, the States were only prohibited from emitting them with- out the consent of Congress ; but the conven- tion was so smitten with the paper-money dread that they insisted the prohibition should be absolute. It was my opinion, sir, that the States ought not to be totally deprived of the right to emit bills of credit, and that, as we had not given an authority to the general govern- ment for that purpose, it was Uie more neces- sary to retain it in the States. I considered that this State, and some others, have formerly received great benefit from paper emissions, and that, if public and private credit should once more be restored, such emissions may hereafter be equally advantageous ; and further, that it is impossible to foresee that events may not take place which shall render paper money of abso- lute necessity ; and it was my opinion, if this power was not to be exercised by a State with- out the permission of the general government, it ought to be satisfactory even to those who were the most haunted by the apprehensions of paper money. I, therefore, thought it my duty to vote against this part of the system. The same section also puts it out of the power of the States to make any thing but gold and silver coin a tender in payment of debts, or to pass any law impairing the obligation of con- tracts. I considered, sir, that there might be times of such great public calamities and distress, and of such extreme scarcity of specie, as should ren- der it the duty of a government, for the preser- vation of even the most valuable part of its cit- izens, in some measure to interfere in their favoi', by passing laws totally or partially stop- ping courts of justice ; or authorizing the debtor to pay by instalments, or by delivering up his property to his creditors at a reasonable and honest valuation. The times have been such as to render regulations of this kind necessarv fEDEEAL OONVENTIOK. 39f in most or all of the States to prevent the wealthy creditor and the moneyed man from totally destroying the pooi-, though industrious ,-dfibtor. Such times may again arrive. I there- fore voted against depriving the States of this ! power— a power which I am decided they ought - to possess, but which, I admit, ought only to be exercised on very important and urgent occa- sions. I apprehend, sir, the principal cause of complaint among the people at large is, the public and private debt with which they are oppressed, and which, in the present scarcity of cash, threatens them with destruction, unless they can obtain so much indulgence, in point of time, that, by industry and frugality, they may extricate themselves. This government proposal, I apprehend, so far from removing, will greatly increase those complaints, since, grasping in its all-powerful hand the citizens of the respective States, it wiU, by the imposition of the variety of taxes, im- posts, stamps, excises, and other duties, squeeze from them the little money they may acquire, the hard earnings of their industry, as you would squeeze the juice from an orange, till not a drop more can be extracted ; and then let loose upon them theu' private creditors, to whose mercy it consigns them, by whom their property is to be seized upon and sold, in this scarcity of specie, at a sheriff's sale, where noth- ing but ready cash can be received, for a tenth part of its value, and themselves and their fam- ihes to be consigned to indigence and distress, without their governments having a power to give them a moment's indulgence, however ne- cessary it might be, and however desirous to grant them aid. By this same section, every State is also pro- hibited from laying any imposts, or duties, on imports or exports, without the permission of the general government. It was urged that, as almost all sources of taxation were given to Congress, it would be but reasonable to leave the States the power of bringing revenue into their treasuries by laying a duty on exports, if they should think proper, which might be so light as not to injure or discorfuge industry, and yet might be productive oi considerable revenue; also, that there might be cases in which it would be proper, for the purpose of encouraging manufactures, to lay duties to pro- hibit the exportation of raw materials, and, even in additic a to the duties laid by Congress on imports, for the sake of revenue, to lay a duty to discourage the importation of particular ar- ticles into a State, or to enable the manufacturer here to supply us on as good terms as they could be obtained from a foreign market. How- ( ever, the most we could obtain was, that this power might be exercised by the States with, and only with, the consent of Congress, and subject to its control ; and so anxious were they to seize on every shilling of our money for the general government, that they insisted even the little revenue that might thus arise, should not oe appropriated to the use of the respective States where it was collected, but should be paid into the treasury of the United States ; and accordingly it is so determined. The second article relates to the Executive — his mode of election, his powers, and the length of time he should continue in office. On these subjects there wa^ a great diversity of sentiment. Many of the members were de- sirous that the President should be elected for seven years, and not to be eligible a second time. Others proposed that he should not be absolutely ineligible, but that he should not be capable of being chosen a second time, until the expiration of a certain number of years. The supporters of the above proposition went upon the idea that tuc best security for liberty was a limited duration, and a rotation of office, in the chief Executive department. There was a party who attempted to have the PresiJent appointed during good behavior, without any hmitation as to time ; and, not be- ing able to succeed in that attempt, they then endeavored to have him re-eligible without any restraint. It was objected that the choice of a President to continue in office during good be- havi(jr, would at once be rendering onr system an elective monarchy; and that, if the Presi- dent was to be re-eligible without any interval of disqualification, it would amount nearly to the same thing, since, from the powers that the President is to enjoy, and the interests and in- fluence with which they will be attended, he will be almost absolutely certain of being re- elected from time to time, as long as he lives. As the propositions were reported by the com- mittee of the whole House, the President was to be chosen for seven years, and not be eligible at any time after. In the same manner, the proposition was agreed to in convention ; and so it was reported by the committee of detail, although a variety of attempts were made to alter that part of tl^e system by those who were of a contrary opinion, in which they repeatedly failed ; but, sir, by never losing sight of their object, and choosing a proper time for their purpose, they succeeded, at length, in obtaining the alteration, which was not made until within the last twelve days before the convention ad- journed. As these propositions were agreed to by the Committee of the whole House, the President was to be appointed by the national legislature ; and, as it was reported by the committee of detail, the choice was to be made by ballot, in such a manner that the States should have an equal voice in the appointment of this officer, as they, of right, ought to have ; but those who wished, as far as possible, to establish a national instead of a federal government, made repeated attempts to have the President chosen by the people at large. On this the sense of the con- vention was taken, I think, not less than three times while I was there, and as often rejected; but within the last fortnight of their session, they obtained the alteration in the manner it now stands, by which the large Stales have a 394 LUTHER MARTIN. eery undue influence in tlie appointment of tlie President. There ia no case wlierg the States will have an equal voice in the appointment of the President, except where two persons shall have an equal numher of votes, and those a ma- jority of the whole number of electors, — a case very unlikely to happen, — or where no person has the majority of the votes. In these in- stances, the House of Representatives are to choose by ballot, each State having an equal voice; but they are confined, in the last in- stance, to the five who have the greatest num- ber of votes, which gives the largest States a very unequal chance of having the President chosen under their nomination. As to the Vice President, — that great ofiicer of government, who is, in case of the death, nssignation, removal, or inability, of the Presi- dent, to supply his place, and be vested with his powers, and who is officially to be President of the Senate, — there is no provision by which a majority of the voices of the electors are ne- cessary to his appointment ; but after it is de- cided who is chosen President, that person who has the next number of votes of the electors is declared to be legally elected to the Vice Presi- dency ; so that, by this system, it is very possi- ble, and not improbable, that he might be ap- pointed by the electors of a single large State ; and a very undue influence in the Senate is given to that State of which the Vice President is a citizen, since, in every question where the Senate is divided that State will have two votes — the President having, on those occasions, a casting voice. Every part of the system which relates to the Vice President, as well as the present mode of electing the President, was introduced and agreed upon after I left Phila- delphia. Objections were made to that part of this article by which the President is appointed commander-in-chief of the army and navy of the United States, and of the militia of the sev- eral States ; and it was wished to be so far re- strained, that he should not command in per- son; but this could not be obtained. The power given to .the President of granting re- prieves and pardons was also thought extremely dangerous, and as such opposed. The President thereby has the power of pardoning those who are guilty of treason, as well as of other offen- ces. It was said that no treason was so likely to take place as that in which the President himself might be engaged — the attempt to as- sume to himself powers not given by the Con- stitution, and establish himself in regal autho- rity ; in which attempt a provision is made for him to secure from punishment the creatures of his ambition, the associates and abettors of his treasonable practices, by granting them pardons, should they be defeated in their attempts to subvert the Constitution. To that part of this article, also, which gives the President a right to -nominate, and with the donsent of the Senate, to appoint all the officers, civil and military, of the United States, there was considerable opposition. It was said that the person who nominates will always in reality appoint, and that this was giving the Presider a power and influence which, together with the other powers bestowed upon him, would place him above all restraint or control. In fin'e, it was urged that the President, as here consti- tuted, was a king in every thing but the name ; that though he was to be chosen for a limited time, yet, at the expiration of that time, if he is not re-elected, it will depend entirely upon his own moderation whether he will resign that authority with which he has once been invested — that, from his having the appointment of all the variety of officers in every part of the civil department for the Union, who will be very numerous in themselves and their connections, relations, friends, and dependants, he will have a formidable host devoted to his interest, and ready to support his ami jtious views — that the army and navy, which may be increased with- out restraint as to numbers; the officers of wliich, from the highest to the lowest, are all to be appointed by him, and dependent on his will and pleasure, and commanded by him in person, will, of course, be subservient to his wishes, and ready to execute his commands ; in addition to which, the militia are also entirely subjected to his ordei-s : that these circumstances, combined togethei-, will enable him, vphen he pleases, to become a king in name as well as in substance, and establish himself in office not only for his own life, but even, if he chooses, to have that authority perpetuated to his family. It was further observed, that the only appear- ance of responsibility in the President, which the system holds up to our view, is the provis-' ion for impeachment ; but that, when we reflect^ that he cannot be impeached but by the House of Delegates, and that the members of this House are rendered dependent upon, and unduly under the influence of, the President, by being appointable to offices of which he has the sole nomination, so that, without his favor and ap- probation, they cannot obtain them, there is little reason to believe that a majority will ever concur in impeaching the President, let his con- duct be ever so reprehensible ; especially, too, as the final event of that impeachment will de- pend upon a different body, and the membera of the House of Delegates will be certain, should the decision be ultimately in favor of the Presi- dent, to become thereby the objects of his dis- pleasure, and to bar to themselves every avenue to the emoluments of government. Should he, contrary to probability, be im- peached, he is afterwards to be tried and ad- judged by the Senate, and without the concur- rence of two-thirds of the members who shall be present, he cannot be convicted. This Sen- ate being constituted a privy council to the President, it is probable many of its leading and influential members may have advised or con- curred in the very measures for which he may be impeached. The members of the Senate also, are, by the system, placed as unduly undei FEDERAL CONVENTION. 39e the influence of, and dependent upon, the Pres- ident, as tlie members of the otlier branch, since they also are appointable to offices, and cannot obtain them but through the favor of the Presi- dent. There "will be great, important, and valuable offices under this government, should it take place, more than sufficient to enable him to hold out the expectation of one of them to each of _the Senators. Under these circumstances, vi^ill any person conceive it to be difficult for the President always to secure to himself more than one-third of that body? Or can it reasonably be believed that a criminal will be convicted, who is constitutionally empowered to bribe his judges, at the head of whom he is to preside, on those occasions, the chief justice — which offi- cer, in his original appointment, must be nomi- nated by the President, and will, therefore, probably, be appointed, not so much for his eminence in legal knowledge and for his integrity, as from favoritism and influence ; since the Pre- sident, knowing tliat, in case of impeachment, the chief justice is to preside at hi.s trial, will naturally wish to fill that office with a person of whose voice and influence he shall consider himself secure. These are reasons to induce a belief that there will be but little probability of the President ever being either impeached or convicted. But it was also urged that, vested with the powers which the system gives him, and with the influence attendant upon those powers, to him it would be of little consequence whether he was impeached or convicted, since he will be able to set both at deflance. These considerations occasioned a part of the conven- tion to give a negative to this part of the sys- tem establishing the Executive as it is now of- fered for our acceptance. By the third article, the judicial power of the United States is vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. These courts, and these only, will have a right to de- cide upon the laws of the United States, and all questions arising upon their construction, and in a judicial manner to cari'y those laws into execution ; to which the courts, both superior and inferior, of the respective States, and their judges and other magistrates, are rendered in- competent. To the courts of the general gov- ernment are also confined all cases, in law or equity, arising under the proposed Constitution and treaties made under the authority of the United States — all cases affecting ambassadors, other public ministers, and consuls — all cases of admiralty and maritime jurisdiction — all con- troversies to which the United States are a party — all controversies between two or more 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. Whether therefore, any laws or regulations of the Con- gress, any acts of its President or other officers, ire contrary to, or not warranted by, the Con- stitution, rests only with the judges, who ara appointed by Congress, to determine ; by w hose determinations every State must be boimd. Should any question arise between a foreign consul and any of the citizens of the United States, however remote from the seat of empire, it is to be heard before the judiciary of the gen- eral government, and, in the first instance to be heard in the Supreme Court, however incou venient to the parties, and however trifling tha subject of dispute. Should the mariners of an American or for- eign vessel, while in any American port, have occasion to sue for their wages, or in any other instance a controversy belonging to the admi- ralty jurisdiction should take place between them and their masters or owners, it is in the courts of the general government the suit must be instituted ; and either party may carry it by appeal to its supreme court ; the injury to com- merce and the oppression to individuals which may thence arise, need not be enlarged upon. Should a citizen of Virginia, Pennsylvania, or any other of the United States be indebted to, or have debts due from, a citizen of this State, or any other claim be subsisting on one side or the other, in consequence of commercial or oth- er transactions, it is only in the courts of Con- gress that either can apply for redress. The case is the same should any claim subsist be- tween citizens of this State and foreigners, mer- chants, mariners, and others, whether of a com- mercial or of any other nature, they must be prosecuted in the same courts; and though in the first instance they may be brought in the inferior, yet an appeal may be made to the su- preme judiciary, even from the remotest State in the Union. ,The inquiry concerning, and trial of every offience against, and breach of the laws of Con- gress, are also confined to its courts; the same courts also have the sole right to inquire con- cerning and try every offence, from the lowest to the highest, committed by the citizens of any other State, or of a foreign nation, against the laws of this State within its territory — and in all these cases the decision may be ultimately brought before the supreme tribunal, since the appellate jurisdiction extends to criminal as well as to civil cases. And in all those cases where the general government has jurisdiction in civil questions, the proposed constitution not only makes no provision for the trial by jury in the first in- stance, but by its appellate jurisdiction abso- lutely takes away that inestimable privilege, since it expressly declares the supreme court shall have appellant jurisdiction both as to law and fact. Should therefore a jury be adopted in the inferior court, it would only be a need- less Qxpense, since on an appeal the determina- tion of that jury, even on questions of fact, however honest and upright, is to be of no pos- sible effect — the supreme court is to take up all questions of fact — to examine the evidence rela- tive thereto — to decide upon them in the same 396 LUTHER MARTIN. manner as if tliey had never been tried by a jury — nor is trial by jury secured in criminal cases. It is true, that in the first instance, in the inferior court, the trial is to be by jury ; In this, and in this only, is the difference between criminal and civil cases. But, sir, the appellate jurisdiction extends, as I have observed, to cases criminal as well as to civil, and on the appeal the court is to decide not only on the law but on the fact. If, therefore, even in crim- inal cases, the general government is not satis- fied with the verdict of the jury, its officer may remove the prosecution to the supreme court, and there the verdict of the jury is to be of no effect, but the judges of this court are to decide upon the fact as well as the law. the same as in civil cases. Thus, sir, jury trials, which have ever been the boast of the English constitution, which have been by our several State Constitutions 80 cautiously secured to us — jury trials which have so lonar been considered the surest barrier against arbitrary power, and the palladium of liberty — with the loss of which the loss of our 'freedom may be dated, are taken away by the proposed form of government, not only in a great variety of questions between individual ; and individual, but in every case whether civil or criminal, arising under the laws of the Uni- ted States, or the execution of those laws. It is taken away in those very cases where of all others it is most essential for our liberty, to have it sacredly guarded and preserved, in every case, whether civil or criminal, between gov- ernment and its officers on the one part, and the subject or citizen on the othei\ Nor was this the effect of inattention, nor did it arise from any real difficulty in establishing and se- curing jury trials by the proposed constitution, if the convention had wished so to do ; but the same reason influenced here as in the case of the establishment of the inferior courts ; as they could not trust State judges, so would tbey not confide in State juries. They alleged that the general government and -the State governments would always be at variance ; that the citizens of the different States would enter into the views and interests of their respective States, and therefore ought not to be trusted in detei-- mining causes in which the general government was any way interested, without giving the general government an opportunity, if it disap- proved the verdict of the jury, to appeal, and to have the facts examined into again and decided upon by its own judges, on whom it was thought a reliance might be had by the general govern- ment, they being appointed under its authority. Thusf sir, in consequence of this appellate jurisdiction and its extension to facts as well as to law, every arbitrary act of the general gov- ernment, and every oppression of all that va- riety of officers appointed under its authority for the collection of taxes, duties, impost, excise, and other purposes, must be submitted to by the individual, or must be opposed with little prospect of success, and almost a certain pros- I pect of ruin, at least in those cases wh^re the middle and common class of citizens are inter- ested. Since to avoid that oppressioc, or tc obtain redress, the application must be made tc one of the courts of the United States — by good fortune should this application be in the first instance attended with success, and should damages be recovered equivalent to the injury sustained, an appeal lies to the supremo court, in which case the citizen must a,t once give up his cause, or he must attend to it at the distance perhaps of more than a thousand miles from the place of his residence, and must take measures to procure before that court on the appeal all the evidence necessary to support his action, which even if ultimately prosperous must be attended with a loss of time, a neglect of busi- ness, and an expense which will be greater than the original grievance, and to which men in mo- derate circumstances would be utterly unequal. By the third section of this article, it is de- clared, that treason against the United States, shall consist in levying war against them, or in adhering to their enemies giving them aid or comfort. By the principles of the American revolution arbitrary power may, and ought to be resisted even by arms if necessary. The time may come when it shall be the duty of a State, in order to preserve itself from the oppression of the gene- ral government, to have recourse to the sword — in which case the proposed form of government declares, that the State and every one of its citizens who act under its authority, are guilty of a direct act of treason; reducing by this provision the different States to this alternative, that they must tamely and passively yield to despotism, or their citizens must oppose it at the hazard of the halter if unsuccessful — and re- ducing the citizens of the State which shall take arms, to a situation in which they must be ex- posed to punishment, let them act as they will, since if they obey the authority of their State government, they will be guilty of treason against the United States — if they join the general government they will be guilty of trea- son against their own State. To save the citizens of the respective States from this disagreeable dilemma, and to secure them from being punishable as traitors to the United States, when acting expressly in obedi- ence to the authority of their own State, I wished to have obtained as an amendment to the third section of this article, the following clause : "Provided, That no act or acts done by one or more of the States against the United States, or by any citizen of any one of the United States under the authority of one or more of the said States, shall be deemed treason or pun- ished as such ; hut in case of war being levied by one or more of the States against the Unred States, the conduct of each party towards the other, and their adherents respectively, shall be regulated by the laws of war and of nations." But this provision was not adopted, being t oo FEDERAL CONVENTION. 397 much opposed to the great object of many of the leading members of the convention, which was by all means to leave the States, at the mercy of the general government, since they could not succeed in their immediate and entire abolition. By the third section of the fourth article, no new State shall be formed or erected within the jurisdiction of any other State, without the consent of the legislature of such State. There are a number of States which are so circumstanced, with respect to themselves and to the other States, that every principle of jus- ace and sound policy requires their dismember- tnent or division into smaller States. Massa- chusetts is divided into two districts, totally separated from each other by the State o^ New Hampshire, on the north-east side of which lies the province of Maine and Sagadohock, more extensive in point of territory, but less popu- lous than old Massachusetts, which lies on the other side of New Hampshire. No person can cast his eye on the map of that State but he must in a moment admit, that every argument drawn from convenience, interest, and justice, requires that the provinces of Maine and Sagado- hock should be erected into a new State, and that they should not be compelled to remain connected with old Massachusetts under all the inconveniences of their situation. The State of Georgia is larger in extent than the whole island of Great Britain, extending from its sea coast to the Mississippi, a distance of eight hundred miles or more ; its breadth for the most part, about three hundred miles. The V; States of North Carolina and Virginia in the , same manner reach from the sea coast to the Mississippi. • j The hardship, the inconvenience, and the in- K justice of compelling the inhabitants of those 'States who may dwell on the western side of the mountains, and along the Ohio and Missis- ; sippi rivers to remain connected with the in- habitants of those States respectively, on the Atlantic side of the mountains, and subject to the same State governments, would be such, as would, in my opinion, justify even recourse to arms, lo free themselves from, and to shake off so ignominious a yoke. This representation was made in convention, and it was further urged, that the territory of these States was too large, and that the in- habitants thereof would be too much discon- nected for a republican government to extend to them its benefits, which is only suited to a small and compact territory. That a regard also for the peace and safety of the Union, ought to excite a desire that those States should become in time divided into separate States, since when their population should become pro- portioned in degree to their territory, they would from their strength and power" become dangerous members of a federal government. It was further said, that if the general govern- ment was. not by its constitution to interfere, the incon\ enience would soon remedy itself, for that as the population increased in those States, their legislatures would be obliged to consent to the erection of new States to avoid the evils of a civil war; but as by the prpposed constitution the general government is oliliged to protect each State against domestic violence, and consequently will be obliged to assist in suppressing such commotions and insurrections as may take place from the struggle to have new States erected, the general government ought to have a power to decide upon the pro- priety and necessity of establishing or erecting a new State, even without the approbation of the legislature of such States, within whose jurisdiction the new State should be erected, and for this purpose I submitted to the conven- tion the following proposition : " That on the application of the inhabitants of any district of territory within the limits of any oiF the States, it shall be lawful for the legislature of the" United States, if they shall under all circum- stances think it reasonable, to erect the same into a new State, and admit it into the Union without the consent of the State of which the said district may be a part." And it was said, that we surely might trust the general govern- ment with this power with more propriety than with many others with which they were pro- posed to be intrusted — and that as the general government was bound to suppress all insurrec- tions and commotions which might arise on this subject, it ought to be in the power of the gen- eral government to decide upon it, and not in the power of the legislature of a single State, by obstinately and unreasonably opposing the erection of a new State to prevent its taking effect, and thereby extremely to oppress that part of its citizens, which live remote from, and inconvenient to the seat of its government, and even to involve the Union in war to sup- port its injustice and oppression. But, upon the vote being taken, Georgia, South Carolina, North Carolina, Virginia, Pennsylvania, Massa chusetts, were in the negative. New Hamp- shire, Connecticut, Jersey, Delaware, and Mary- land, were in, the affirmative. New York was absent. That it was inconsistent with the rights of free and independent States, to have their ter- ritory dismembered without their consent, was the principal argument used by the opponents of this proposition. The truth of the objection we readily admitted, but at the same time in- sisted that it was not more inconsistent with the rights of free and independent States than that inequality of suffrage and power which the larger States had extorted from the others ; and that if the smaller States yielded up their rights in that instance, they were entitled to demand from the States of extensive territory a surren- der of their rights in this instance ; and in a particular manner, as it was equally necessary for the true interest and happiness of the citi- zens of their own States, as of the Union. But, sir, although when the large States de- manded undue and improper sacrifices to be 598 LUTHER MARTIN. made to their pride and ambition, they treated the rights of free States with more contempt than ever a British parliament treated tlie rights of her colonial establishment ; yet when a reasonable and necessary sacrifice was asked from them, they spurned the idea with in- effable disdain. They then perfectly under- stood the full value and the sacred obligation of State rights, and at the least attempt to in- fringe them where they were concerned, they were tremblingly alive and agonized at every pore. When we reflect how obstinately those States contended for that unjust superiority of power in the government, which they have in part ob- tained, and for the establishment of this supe- riority by the constitution — when we reflect that they appeared willing to hazard the exist- ence of the Union rather than not to succeed in their unjust attempt — that should their legisla- tures consent to the erection of new States within their jurisdiction, it would be an imme- diate sacrifice of that power, to obtain which they appeared disposed to sacrifice every other consideration. When we further reflect that they now have a motive for desiring to preserve their territory entire and unbroken, which they never had before — the gratification of their am- bition in possessing and exercising superior power over their sister States — and that this constitution is to give them the means to effect this desire of which they were formerly desti- tute — the whole force of the United States pledged to them for restraining intestine com- motions, and preserving to them the obedience and subjection of their citizens, oven in the ex- ..tremest part of their territory : I say, sir, when we consider these things, it wonld be too ab- surd and improbable to deserve a serious an- swer, should any person suggest that these States mean ever to give their consent to the ' erection of new States within their territory : some of tiiem, \i is true, have been for some time past, amusing their inhabitants in those districts that wished to be erected into new States, but should this constitution be adopted armed with a sword and halter, to compel their obedience and subjection, they will no longer act with indecision ; and the State of Maryland may, and probably will be called upon to assist with her wealth and her blood in subduing the inhabitants of Franklin, Kentucky, Vermont, and the provinces of Maine, and Sagadohock, in compelling them to continue in subjection to the States which respectively claim jurisdiction over them. Let it not be foi-gotten at the same time, that a great part of the territory of these large and extensive States, which they now hold in possession, and over which they now claim and exercise jurisdiction, were. crown lands, unlo- cated and unsettled when the American revolu- tion took place — lands which were acquired by the common blood and treasure, and which ought to have been the common stock, and for the common benefit of the LTuion. Let it be remembered that the State of Maryland was sc deeply sensible of the injustice that these lands should be held by particular States for their own emolument, even at a time when no supe- riority of authority or power was annexed to extensive territory, that in the midst of the late war and all the dangers which threatened us, it withheld for a long time its assent to the arti- cles of confederation for that reason, and when it ratified those articles it entered a solemn pro- test against what it considered so flagrant in- justice : but, sir, the question is not now whether those States shall hold that tei-ritory unjustly to themselves, but whether by that act of injustice they shall have superiority of power and influence over the other States, and have a constitutional right to domineer and lord it over them — nay, more, whether we will agree to a form of government, by which we pledge to those States the whole force of the Union to preserve to them their extensive territory entire and unbroken, and with our blood and wealth to assist them, whenever they please to demand it, to preserve the inhabitants thereof under their subjection, for the purpose of increasing their superiority over us — of gratifying theii unjust ambition — in a word, for the purpose of giving ourselves masters, and of riveting our chains! The part of the system, which provides that no religious test shall ever be required as a qualification to any office or public trust under the United States, was adopted by a great ma- jority of the convention, and without much de- bate — however, there were some members so unfashionable as to think that a belief of the existence of a Deity, and of a state of future rewards and punishments would be some secu- rity for the good conduct of our rulers, and that in a Christian country it^would be at least de- cent to hold out some distinction between the professors of Christianity, and downright infi- delity or paganism. The seventh article declares, that the ratifica- tion of nine States shall be sufiicient for the establishment of this constitution, between the States ratifying the same. It was attempted to obtain a resolve that if seven States, whose votes in the first branch should amount to a majority of the representa- tion in that branch, concurred in the adoption of the system, it should be sufficient, and this attempt was supported on the principle, that a majority ought to govern the minority : but to this it was objected, that although it was time, after a constitution and form of government is agreed on, in every act done under and con- sistent with that constitution and form of gov- ernment, the act of the majority, unless other- wise agreed in the constitution, should bind the minority, yet it was directly the reverse in originally forming a constitution, or dissolving it — that in originaUj' forming a constitution, it was necessary that every individual should agree to it to become bound thereby — and that when once adopted, it could not be dissolved b? FEDERAL CONVENTION. 399 consent, unless with the consent of every indi- vidual vifho TffSis party to tlie original agree- ment — that in forming our original federal government, every member of that govern- ment, that is, each State, expressly consented to it ; that it is a part of the compact made and entered into in the most solemn manner, that there should be no dissolution or alteration of that federal government veithout the consent of every State, the members of, and parties to, the original compact; that therefore no altera- tion could be made by the consent of a part of these States, or by the consent of the inhabit- ants of a part ef the States, which could either release the States so consenting, from the obli- gation they are under to the other States, or which could in any manner become obligatory upon those States that should not ratify snob alterations. Satisfied of the truth of these posi- tions, and not hnlding ourselves at liberty to violate the compact, which this State had solemnly entered into with the others, by alter- ing it in a diiferent manner from that which by the same compact is provided and stipulated, a number ol ihe members, and among those the delegation of this State, opposed the ratification of this system in any otb.er manner than by the unanimous cont^eiit and agreement of all the States. By our original articles of confederati(m any .alterations proposed are in the first place to be approved by Congress. Accordingly, as the resolutions were originally adopted by the con- vention, and as they were reported by the com- mittee of detail, it was proposed that this sys- tem should be laid before Congress, for their approbation; but, sir, the warm advocates of this system fearing it would not meet with the approbation of Congress, and determined even though Congress and the respective State legis- latures should disapprove the same, to force it upon them, if possible, through the interven- tion of the people at large, moved to strike out the words " for their approbation," and succeed- ed in their motion ; to which, it being directly in violation of the mode prescribed by the arti- cles of confederation for the alteration of our federal government, a part of the convention, and myself in the number, thought it a duty to give a decided negative. Agreeably to the articles of confederation, en- tered into in the most solemn manner, and for the observance of which the States pledged themselves to each other, and called upon the Supreme Being as a witness and avenger be- tween them, no alterations are to be made in those articles, unless after they are approved by Congress, they are agreed to, and ratified by the legislature of every State ; but by the re- ' solve of the convention this constitution is not to be ratified by the legislatures of the respec- tive States, but is to be submitted to conven- tions chosen by the people, and if ratified by them, is to he binding. This resolve was opposed among others by the delegation of Mar3'laiid ; your delegates were of opinion, that as the form of govern- ment proposed was, if adopted, most essentially to alter the constitution of this State, and as our constitution had pointed out a mode by which, and by which only, alterations were to be made therein, a convention of the people could not be called to agree to and ratify the said form of government without a direct vio- lation of our constitution, which it is the duty of every individual in this State to protect and support. In this opinion, all your delegates who were attending were unanimous. I, sir,' opposed it also upon a more extensive ground, as being directly contrary to the mode of alter- ing our federal government established in our original compact; and, as such, being a direct violation of the mutual faith plighted by the States to each other, I gave it my negative. I was of opinion that the States considered as States, in their pohtical capacity, are the members of a federal government; that the States in their political capacity, or as sover- eignties, are entitled, and only entitled origi- nally to agree upon the form of, and submit themselves to, a federal government, and after- wards by mutual consent to dissolve or alter it : That every thing which relates to the forma- tion, the dissolution, or the alteration of a fed- eral government over States equally free, sover- eign, and independent, is the peculiar province of the States in their sovereign or political ca- pacity, in the same manner as what relates to forming alliances or treaties of peace, amity, or commerce, and that the people at large in their individual capacity, have no more right to in- terfere in the one case than in the other : That according to these principles, we originally act- ed in forming our confederation ; it was the States as States, by their representatives in Congress, that formed the articles of confedera- tion ; it was the States as States, by their leg- islatures, who ratified those articles, and it was there established and provided, that the States as States, that Is, by their legislatures, should agree to any alterations that should hereafter be proposed in the federal government, before they should be binding — and any alterations agreed to in any other manner cannot release the States from the obligation they are under to each other by virtue of the original articles of confed- eration. The people of the difierent States never made any objection to the manner in which the articles of confederation were formed or rati- fied, or to the mode by which alterations were to be made in that government — with the rights of their respective States they wished not to in- terfere. Nor do I believe the people, in theii individual capacity, would ever have expected or desired to have been appealed to on the present occasion, in violation of the rights of their re- spective States, if the favorers of the proposed constitution, imagining they had abetter chance of forcing it to be adopted by a hasty appeal to the people at large (who could not be so good judges of the dangerous consequence), had not insisted upon this mode. Nor do these post 400 LUTHER MARTIN. tions in the least interfere with the principle, that all power originates from the people, be- cause when onoe the people have exercised their power, in establishing and forming them- selves into a State government, it never de- volves back to them, nor have they a right to resume or again to exercise that power until such events take place as wiU amount to a dis- solution of their State government : — And it is an established principle, that a dissolution or alteration of a federal government doth not dis- solve the State governments which compose it. ■ It was also my opinion, that upon principles of I sound policy, the agreement or disagreement to ' the proposed system, ought to have been by the / State legislatures, in which case, let the event "have been what it would, there would have been but little prospect of the public peace being disturbed thereby — Whereas, the attempt to force down this system, although Congress and the respective State legislatures should dis- approve, by appealing to the people, and to procure its establishment in a manner totally unconstitutional, has a tendency to set the State governments and their subjects at variance with each other — to lessen the obligations of government — to weaken the bands of society — to introduce anarchy and confusion — and to light the torch of discord and civil war through- out this continent. All these considerations weighed with me most forcibly against giving my assent to the mode by which it is resolved that this system is to be ratified, and were urged by me in opposition to the measure. I have now, sir, in discharge of the duty I owe to this House, given such information as hath occurred to me, which I consider most material for them to know ; and yon will easily perceive from this detail, that a great portion of that time, which ought to have been devoted calmly and impartially to consider what altera- tions in our federal government would be most i likely to procure and preserve the happiness 1 of the Union, was employed in a violent struggle t on the one side to obtain all power and dominion I in their own hands, and on the other to pre- ' vent it ; and that the aggrandizement of par- ticular States, and particular individuals, ap- pears to have been much more the subject sought after than the welfare of our country. The interest of this State, not confined mere- ly to itself, abstracted from all others, but con- sidered relatively, as far as was consistent with the common interest of the other States, I thought it my duty to pursue according to the best opinion I could form of it. When I took my seat in the convention, I found them attempting to bring forward a sys- tem, which I was sure never had entered into the contemplation of those I had the honor to represent, and which, upon the fullest consider- ation, I considered not only injurious to the in- terest and rights of this State, but also incompat- ible with the political happiness and freedom of the States in general ; from that time until my business compelled me to leave the convention, I gave it every possible opposition in every stage of its progression. I opposed the system there with the same explicit frankness with which I have here given you a history of our proceedings, and an account of my own conduct, which in a particular manner I consider you as having a right to know — while there I en- • deavored to act as became a freeman, and tlie delegate of a free State. Should my conduct obtain the approbation of those who appointed me, I will not deny it would aflford me satisfac- tion ; but to me that approbation was at most no more than a secondary consideration — my first was to deserve it ; left to myself to act ac- cording to the best of my discretion, my con- duct should have been the same, had I been ever sure your censure would have been my only re- ward, since I hold it sacredly my duty to dash the cup of poison, if possible, from the hand of a State, or an individual, however anxious the one or the other might be to swallow it. Indulge me, sir, in a single observation further : — There are persons who endeavor to ' hold up the idea, that this system is only op- posed by the officers of government. I, sir, am [ in that predicament. I have the honor to hold an appointment in this State. Had it been considered any objection, I presume I should not have been appointed to the convention ; if it could have had any effect on my mind, it would only be that of warming my heart with gratitude, and rendering me more anxious to promote the true interest of that State, which has conferred on me the obligation, and to heighten my guilt had I joined in sacrificing its essential rights : but, sir, it would be well to re- member, that this system is not calculated to diminish the number of the value of offices, on the contrary, if adopted, it will be productive of an enormous increase in their number ; many of them will also be of great honor and emolu- ments. Whether, sir, in this variety of appoint- ments, and in the scramble for them, I might not have as good a prospect to advantage my- self as many others, is not for me to say ; but this, sir, I can say with truth, that so far was I from being influenced in my conduct by inter- est, or the consideration of office, that I would cheei'fully resign the appointment I now hold, I would bind myself never to accept another, either under the general government or that of ray own State : I would do more sir, so destruo- ^tive do I consider the present system to the happiness of my country, I would cheerfully sacrifice that share of property with which heaven has blessed a life of industry — I would reduce myself to indigence and poverty, and those who are dearer to me than my own exist- ence, I would intrust to the cai e and protection of that Providence who hath so kindly pro- tected myself, if on those terms only, I could procure my country to reject tho«e chains which are forged for it. OLIVER ELLSWORTH. Chief Justice Ellswokth was a native of the ancient town of Windsor, Ji Connecticut, where he was born on the twenty-ninth of April, 1745. His father was a plain and frugal farmer, inured to the hardships of early colonial life, and educated his son in that simple and regular mode, so characteristic of the colonists of Connecticut, and so well calculated to prepare men for the struggles, dangers and exigencies of a great revolution. The youth of Mr. Ells- worth was passed alternately in the labors of the farm, and the preparatory studies of a liberal education. He entered Yale College at the age of seventeen years, and after spending some time there removed to the College of New Jersey, where he graduated and received his first degree late in September, 1766.* Three years after he was admitted to the bar of his native State, and immediately entered upon the duties of his profession in the county of Hartford. An anecdote of his practice at this period is preserved. His father presented him with a small farm, situated in the south-western corner of Windsor, and in the management of this and the few suits with which his acquaintances and friends intrusted him, his ardent and active mind was forced for a time to content itself. As often as the session of the court occurred at Hart- ford, leaving his fann and revolving his cases in his mind, he travelled thither on foot, and back again in the same manner, when the season was over. Soon, however, a suit was committed to his management, of trivial importance, indeed, so far as concerned the pecuniary interest at stake, but at the same time involving the decision of a legal principle of the deepest moment. Young Oliver proved himself equal to the emergency; and by, the ability and skill he exhibited in the conduct of the suit, at once established his reputation on a permanent basis, and he took his stand among the most promising and talented of the younger members of his profession at the Hartford bar.t The jurisprudence of Connecticut, after a long period of doubtfulness and obscurity, had, a short time prior to Mr. Ellsworth's entrance upon professional life, assumed a regular form, and a mode of praotixie, sulficiently accurate for every ordinary purpose, was then settled. With this era of legal reform he commenced practice. His general or professional learning was not extensive ; but the native vigor of his mind supplied every deficiency ; the rapidity of his con- ceptions fully answered for the want of previous knowledge ; the diligent study of the oases which arose in actual business, enriched his mind with principles ; whatever was thus acquired was firmly rooted in his memory, and thus, as he became eminent he grew learned. It would seem, that no ambition of distinction had at this time stimulated his career. Perhaps his mind was not foUy aware of its own splendid powers. Its incentive had been the consciousness of duty, and a desire to make provision for his young and growing family ; — but, " during a period of extreme exertion, while sustaining a difiicult cause, he received a new incentive — the voice of praise. ' Who is that young man ? He speaks well.' These were the words of a stranger, * An interesting account of the exercises on the Qccaeion of Mr. Ellsworth's graduation, is published in the New York Gazette, or Weekly Post-Boy, of October 2, 1T66. f Sketches of the Lives and Judicial Services of the Chief Justices of the Supreme Court of the United Stales, by George Tan Santvoord, page 196. 26 i()2 OLIVER ELLSWORTH. and they sank into his heart. As he went homeward he ruminated upon them. ' He speaka well,' was a new idea to him. Vanity was not an inherent to an intellect of his order, but the sweetness of merited praise came when it began to be needed as an encouragement on its ardu- ous course." Of this incident he often spoke, even in his latest years, to his descendants. The whole powers of Mr. Ellsworth's mind were applied with assiduous and constant atten- tion to the business of his profession, and those public duties in which he was occasionally en- gaged. "Capable of great application," says a graceful writer, "and constitutionally full of ardor, he pursued every object to which he applied himself with a strong and constant interest, which never suffered his mind to flag or grow torpid with listless indolence. But his ardor was always under the guidance of sober reason. His cold^ and colorless imagination never led him astray from the realities of life to wanton in the gay visions of fancy ; and his attention was seldom attracted by that general literary curiosity which so often beguiles the man of genius away from his destined pursuit, to waste his powers in studies of no immediate personal utility. At the same time his unblemished character, his uniform prudence and regularity of conduct, acquired him the general confidence and respect of his fellow-citizens — a people in a remarkable degree attentive to all the decoruro and decencies of civilized life. He very soon rose into high reputation and lucrative practice ; and before he had been long at the bar received the appoint- ment of State's Attorney for the district of Hartford, an oflace at that time of very considerable emolument. This he continued to hold during the greater part of the revolutionary war. From the very commencement of that contest he declared himself resolutely on the side of his coun- try ; and on two or three occasions, when Connecticut was harassed by the incursions of the enemy, went out with the militia of his country into actual service, more, however, for the sake of example, than from any particular inclination to military life. For several sessions in the years immediately preceding the declaration of independence, he represented the town in which he resided in the General Assembly of the State, with great reputation, and took a large share, not only in the ordinary business of the House, but also in all those public acts and declarations which were called forth by the peculiar circumstances of the times. About the commencement of the war he presided for a short time at the poAj-table, fis it was called, or oflice of public accounts of the State of Connecticut." * Mr. Ellsworth was elected a delegeite to the Continental Congress in October, 1777, but he did not take his seat in that assembly until the eighth of the same month of the following year. Previous to his arrival at the Congress he was appointed by that body, with William Whipple, Robert Treat Paine, Egbert Benson, and Henry Marchant, a committee to conduct an inquiry into the causes of the failure of the expedition against Rhode Island, then in the hands of the British, and to discover the conduct of the general officers commanding that undertaking.t He was also appointed upon several other important committees, where he distinguished himself by his unwearied exertions and steady application to the discharge of his duties. He was placed on the Marine committee, on the day following his attendance at the Congress,| and remained in that station during the greater part of his term of office. He was also a member of the Com- mittee of Appeals,§ which, untU the establishment of a court for that purpose, in the year 1780, examined and reported to Congress upon all appeals from the decisions of the several courts of admiralty erected in the different States. In 1780 Mr. Ellsworth returned to his home, and soon after was elected a member of the State Council ; in which office he continued by re-election until 1784, when he was elected to the judgeship of the Superior Court. The duties of this position he discharged with great ability and reputatipn for several years. In 1787 he was chosen by the legislature to represent the State of Connecticut in the Federal Convention, and, after the formation of the Constitution, he was elected by the people to the State Convention, to decide upon its adoption or rejection. ♦ From an original biographical sketeh of Judge Ellsworth, published in the Analectic Magazine, for May, 1814. t Journals of Congress, December 11th, 1777. X This committee acted as a Board of Admiralty, and had the general superintendence of the naval affairs of the United Btates, until the end of the year 1779. — JoumaZs of Congress^ October 9M, 1778. § Journals of Congress, October 26th, 1778. OLIVER ELLSWORTH. 403 On the ratification of the Constitution, he became a member of the United States Senate, which met at New York in 1789.' His great powers of intellect and brilliant legal attainments, were now called into operation for the good of the whole country. In the organization of the judi- ciary, the several departments o;f State, and all those schemes of national policy, wljich were formed under the administration of Washington, his services were extensive and of the highest consequence. Early in the spring of 1796, on the resignation of Chief Justice Jay, Mr. Ellsworth was ap- pointed to fiU the vacancy. The character of his mind, his habits of patient and laborious in- vestigation, his sound judgment, and large experience, rendered him eminently fitted for that station. He soon attained an elevated position in the confldenceof the people and the estimation of the bar ; and, in a period of violent party rancor, the purity and impartiality of his judicial character was untarnished even by suspicion. He continued on the bench of the Supreme Court until the end of 1799, when he, with Governor Davie * and William Vans Murray, was ap- pointed on a mission to France. After concluding the duties of this ofiice, he visited England, where he received the most marked attention from many of the leading men of that nation. Curiosity to see an American chief justice, drew about him many of the most eminent lawyers and judges. " One of these, an old lawyer, high in oflBce, whose whole life had been spent in the unvarying routine of the business of Westminster Hall, and whose mind, rendered by long and uninterrupted habit perfectly technical, presented a curious contrast to the various talents and diversified pursuits of the chief justice, is said, immediately upon his introduction, to have accosted him with, ' Pray, chief justice, in what cases do the half-blood in America take by descent?' "t Failing in health, and rendered by that circumstance unable to endure the arduous labors oi his judicial position, Judge Ellsworth transmitted a resignation of his chief justiceship to President Adams, and, on returning to America, retired to his home at Windsor. In 1802, he was elected a member of the State OouncU of Connecticut, and continued to perform the duties incident to that position, until his death. He was appointed chief justice of his native State in 1807, but the infirmities of age led him to decline the proffered honor. Shortly after he was seized with a violent illness, which terminated his life on the twenty-sixth of November, 1807. In the elevated course assigned to Chief Justice Ellsworth, he moved not only secure from the tongue of slander, and without a blot upon his fame, but with that true dignity, which al- ways accompanies real greatness. From his appearance as an advocate at the bar, in early life, to the day of his death, in the discharge of all the high trusts which were imposed upon him, his sound discretion, his manly and irresistible eloquence, his incorruptible integrity, and his profound wisdom, were every where seen, every where acknowledged, and at all times, by all good men, justly respected and admired. He loved his country ; he knew her true in- terests, and he pursued them with that firmness *hat independence, that intrepidity and skill, which constitute the civilian, the statesman, and the real patriot. In his death the United States lost one of her best and greatest men.J * William Bichardson Davie, was born at the Tillage of Egremont, near Whitehaven, England, June 20, 1756. He came to this eonntry in 1T63, and was graduated at Princeton College in 1776. Soon afterwards he entered the army as an offi- cer in the cavalry of Count Pulaski's legion. By his talents and zeal he soon rose to the rank of Colonel. He fought at Stono, where he was severely wounded, at Hanging-Bock, and Eocky Mount. Having great strength and activity, it was his delight to lead a charge and to engage in personal conflict. At the period of Gates's defeat, he expended the last shilling of an estate, bequeathed him by his uncle, Eev. William Eichardson, in equipping the legionary corps, which he command- ed. Greene appointed him a commissary. During the Whole struggle, he displayed great zeal and energy. After the war, he devoted himself to the profession of the law at Halifax, on the Roanoke, and rose to eminence. He was a member of the Convention which formed the Constitution of the United States, though his absence prevented his name from being affixed to it: and in the Convention of North Carolina, he was an able advocate for its acceptance. Through his efforts, the University of North Carolina was established. In 1799, he was elected governor, but was soon after appointed by President Adams, Envoy to France, with Ellsworth and Murray. He died at Camden, November 8, 1820, i gcd 64 years —Zee's M&tnoirs. + Aualectic Magazine, vol. 3, page 897. $ New York Evening Post, 1807: Allen's Biographical Dictiorcry. 404 OLIVER ELLSWORTH. FEDERAL CONSTITUTION. Chief Justice Ellsworth delivered the follow- ing Speech, at the opening of the debates on the Federal Constitution, in the Convention of the State of Connecticut, on the fourth of January, 1Y88: Me. Peesident : It is observable that there is no preface to the proposed Constitution ; but it evidently presupposes two things ; one is, the necessity of a federal government ; the other is the inefficiency of the old Articles of Confed- eration. A union is necessary for the purposes of a national defence. United, we are strong ; divided, we are weak. It is easy for hostile nations to sweep off a number of separate states one after another. Witness the states in the neighborhood of ancient Rome. They were successively subdued by that ambitious city, whicli they might have conquered with the utmost ease, if they had been united. Witness the Oanaanitish nations, whose divi- ded situation rendered them an easy prey. Witness England, which, when divided into separate states, was twice conquered by an in- ferior force. Thus it always happens to small states, and to great ones, if divided. Or, if to avoid this, they connect themselves with some powerful state, their situation is not much bet- ter. This shows us the necessity of combining our whole force, and, as to national purposes, becoming one State. A union, sir, is likewise necessary, considered with relation to economy. Small states have enemiesj as well as great ones. They must provide for their defence. The expense of it, which would be moderate for a large king- dom, would be intolerable to a petty state. The Dutch are wealthy ; but they are one of the smallest of the European nations ; and their taxes are higher than in any other country of Europe. The taxes amount to forty shillings per head , when those of England do not ex- ceed half that sum. We must units in order to preserve peace among ourselves. If we be divided, what is to prevent wars from breaking out among the States? States, as well as individuals, are subject to ambition, to avarice, to those jarring passions which disturb the peace of society. What is to check these ? If there be a paren- tal hand over the whole, this, and nothing else, can restrain the unruly conduct of members. Union is necessary to preserve commutative justice between the States. If divided, what is to prevent the large States from oppressing the small ? What is to defend us from the ambi- tion and rapacity of New York, when she has f'pread over that vast territory which she claims and holds? Do we not already see in her the seeds of an overbearing aml)ition? On our other side, there is a large ai.il powerful State. Have we not already begun to be tributaries 1 If we do not improve the present critical time — ^if we do not unite — shall we not be like Issachar of old, a strong ass crouching down between two burdens ? New Jersey and Dela- ware have seen this, and have adopted the con- stitution unanimously. A more energetic system is necessary. The present is merely advisory. Ithas no coercive ^- powe r. Without this, government is ineffect- ual, or rather is no government at all. But it is said, " Such a power is not necessary. States will not do wrong. They need only to be told their duty, and they will do it." I ask, sir, what warrant is there for this assertion ? Do not states do wrong? Whence come wars? One of two hostile nations must be in the wrong. But, it is said, " Among sister states, this can never be presumed." But do we not know that, when friends become enemies, their enmity is the most virulent? The seventeen provinces of the Netherlands were once con- federated ; they fought under the same banner. Antwerp, hard pressed by Philip, applied to the other states for relief. Holland, a rival in trade, opposed and prevented for the needy, suc- cors. Antwerp was made a sacrifice. I wish I could say there were no seeds of similar in- justice springing up among us. Is there not in one of our States, injustice too barefaced for Eastern despotism ? That State is smaU ; it does little hurt to any but itself. But it has a spirit which would make a Tophet of the uni- verse. But some wUl say, "We formwly did well without any union." I answer, our situa- tion Is materially changed. While Great Britain held her authority, she awed us. She appoint- ed governors and councils for the American provinces. She had a negative upon our laws. But now our circumstances are so altered, that there is no arguing what we shall be, from what we have been. It is said, that other confederacies have not had the principle of coercion. Is this so ? Let us attend to those confederacies which have resembled our own. Some time before Alexan- der, the Grecian states confederated together. The Amphiotyonic council, consisting of depu- ties from these states, met at Delphos, and had authority to regulate the general interests of Greece. This council did enforce- its decrees by coercion. The Boeotians once infringed upon a decree of the Amphictyons. A mulct was laid upon them. They refused to pay it. Upon that, their whole territory was confiscated. They were then glad to compound the matter. After the death of Alexander, the Achaean league was formed. The decrees of this con- federacy were enforced by dint of arms. The ^tolian league was formed by some other Grecian cities, in opposition to the Achtean ; and there was no peace between them untU THE FEDERAL CONSTITUTION. 4r05 they were conquered and reduced to a Eoman province. They were then ohliged to sit down in peace under the same yoke of despotism. How is it with respect to the principle of co- ercion in the Germanic body? In Germany there are about three hundred principalities and republics. Deputies from these meet an- nually in the general Diet, to make regulations for the empire. But the execution of these is not left voluntarily with the members. The empire is divided into ten circles, over each of which a superintendent is appointed, with the rank of a major-general. It is his duty to exe- cute the decrees of the empire with a military force. The Confederation of the Swiss Cantons has been considered as an example. But their cir- cumstances are far different from ours. They are small republics about twenty miles square, situated among the Alps, and inaccessible to hostile attacks. They have nothing to tempt an invasion. Till lately, they had neither com- merce nor manufactures. They were merely a set of herdsmen. Their inacoessibleness has availed them. Four hundred of those moun- taineers defeated 15,000 Austrians, who were marching to subdue them. They spend the ardor of youth in foreign service : they return old, and disposed for tranquillity. Between some of the cantons and France, there has long subsisted a defensive treaty. By this treaty, France is to be a mediator to settle diflFerenoes between the cantons. If any one be obstinate, France is to compel a submission to reasonable terms. The Dutch republic is an example that merits attention. The form of their constitution, as it is on paper, admits not of coercion. But necessity has introduced it in practice. This coercive power is the influence of the stadt- holder, an officer originally unknown to their constitutiofi. But they have been necessitated to appoint him, in order to set their unwieldy machine of government in motion. He is com- mander-in-chief of their navy, and of their army, consisting of forty or fifty regiments. He appoints the officers of the land and naval forces. He presides in the States General, and in the states of every province ; and, by means of this he has a great opportunity to in- fluence the elections and decisions. The province of Holland has ever been opposed to the ap- pointment of a stadtholder; because by its wealth and power, being equal to all the other provinces, it possesses the weight and influence of the stadtholder, when that office is vacant. Without such an influence, their machine of government would no more move, than a ship without a wind, or a clock without weights. , But to come nearer home. Mr. President, I have we not seen and felt the necessity of such a coercive power ? What was the consequence ' of the want of it during the late war, particu- larly towards the close ? A few States bore the burden of the war. While we and one or two more of the States were paying eighty or a hundred dollars per man to recruit the Conti- nental army, the regiments of some States had scarcely men enough to wait on their officers. . Since the close of the war, some of the States have done nothing towards complying with the requisitions of Congress. Others, who did something at first, seeing that they were left to bear the whole burden, have become equally remiss. What is the consequence? To what shifts have we been driven ? To the wretched expedient of negotiating new loans in Europe, to pay the interest of the foreign debts. And what is still worse, we have been obliged to apply the new loans to the support of our own civil government at home. Another ill consequence of this want of en- ' - ergy is, that treaties are not performed. The i treaty of peace with Great Britain was a very favorable one for us. But it did not happen perfectly to please some of the States, and they would not comply with it. The consequence is, Britain charges us with the breach, and re- fuses +0 deliver up the forts on our northern quarter. Our being tributaries to our sister States is in consequence of the want of a federal system. The State of New York raises 60 or £80,000 a year by impost. Connecticut consumes about one-third of the goods upon which this impost is laid, and consequently pays one-third of this sum to New York. If we import by the medi- um of Massachusetts, she has an impost, and to her we pay a tribute. If this is done when we have the shadow of a national government, what shall we not sufier when even that shadow is gone ? If we go on as we have done, what is to be- come of the foreign debt ? Will sovereign na- \ tions forgive us this debt, because we neglect ; to pay ? or will they levy it by reprisals, as the laws of nations 'authorize them? Will our weakness induce Spain to relinquish the exclu- sive navigation of the Mississippi or the terri- tory which she claims on the east side of that river ? Will our weakness induce the British to give up the northern posts ? If a war breaks out, and our situation invites our enemies to make war, how are we to defend ourselves ? Has government the means to enlist a man or \ to buy an ox ? Or shall we rally the remainder of our old army ? The European nations I be- lieve to be not friendly to us. They were pleased to see us disconnected from Great Britain ; they are pleased to see us disunited among ourselves. If we continue so, how easy 1 is it for them to canton us out among them, as they did the kingdom of Poland! But sup- posing this is not done, if we suffer the Union to expire, the least that may be expected is, that the European powers will form alliances, some with one State and some with another, and play the States off' one against another, and that we shall he involved in aU the labyrintlis of European politics. But I do not wish to continue the painful recital ; enough has been said to show that a power in the general gov- i06 OLIVER ELLSWORTH. ernraent to enforce the deci-ees of the Union is absolutely necessary. The Constitution before us is a complete sys- tem of legislatiYe, judicial, and Executive power. It was designed to supply the defects of the former system ; and I believe, upon a fuU discussion, it wiU be found calculated to answer the purposes for which it was designed. ON THE POWEE OF CONGRESS TO LEVY TAXES.* Me. Pebbident : This is a most important clause in the Constitution ; and the gentlemen do well to offer all the objections which they have against it. Through the whole of this debate, I have attended to the objections which have been made against this clause ; and I think them all to be unfounded. The clause is general; it gives the general legislature "power 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." There are three objections against this clause — first, that it is too exten- sive, as it extends to all the objects of taxation ; secondly, that it is partial ; thu-dly, that Con- gress ought not to Lave power to lay taxes at all. The first objection is, that this clause extends to all the objects of taxation. But though it does extend to all, it does not extend to them exclusively. It does not say that Congress shall have all these sources of revenue, and the States none. All excepting the impost, still lie open to the States. This State owes a debt ; it must provide for the payment of it. So do all the other States. This will not escape the attention of Congress. "When making calcula- tions to raise a revenue, they will bear this in mind. They will not take away that which is necessary for the States. They are the head, and wiU take care that the members do not perish. The State debt, which now lies heavy upon us, arose from the want of powers ill the federal system. Give the necessary powers to the national government, and the State will not be again necessitated to involve itself in debt for its defence in war. It will lie upon the na- tional government to defend all the States, to defend all its members, from hostile attacks. The United States will bear the whole burden of war. It is necessary that the power of the general legislature should extend to all the ob- jects of taxation, that government should be able to command aU the resources of the coun- try ; because no man can tell what our exigen- cies may be. Wars have now become rather wars of the purse than of the sword. Govern- ment must, therefore, be able to command the whole power of the purse ; otherwise a hostile nation may look into our Constitution, see what resources are in the power of government, * Speech de'Wered by Chief Justice Ellsworth, in the Connecticat OnnTention, January 7, 1788. and calculate to go a little beyond us ; thus they may obtain a decided superiority over us, and reduce us to the utmost distress. A gov- ernment which can command but half its re- sources is like a man with but one arm to defend himself The second objection is, that the impost is not a proper mode of taxation ; that it is partial to the Southern States. I confess I am morti- fied when I find gentlemen supposing that their delegates in Convention, were in.attentive to their duty, and made a sacrifice of the interests of their constituents. If, however, the impost be a partial mode, this circumstance, high as my opinion of it is, would weaken my attach- ment to it ; for I abhor partiality. But I think there are three special reasons why an impost is the best way of raising a national revenue. The first is, it is the most fruitful and easy way. All nations have found it to be so. Direct taxation can go hut little way towards raising a revenue. To raise money in this way, people must be provident ; they must constantly be laying up money to answer the demands of the collector. But you cannot make people thus provident. If you do any thing to the purpose, you must come in when they are spending, and take a part with them. This does not take away the tools of a man's busi- ness, or the necessary utensils of his family : it only comes in when he is taking his pleasure, and feels generous ; when he is laying out a shilling for superfluities, it takes twopence of it for public use, and the remainder will do him as much good as the whole. I wiU in- stance two facts which show how easy and* insensibly a revenue is raised by indirect taxa- tion. I suppose people in general are not sen- sible that we pay a tax to the State of New York. Yet it is an incontrovertible fact, that we, the people of Connecticut, pay annually into the treasury of New York more than fifty thousand dollars. Another instance I will men- tion ; one of our common river sloops pays in the West Indies, a portage bDl of £60. This is a tax which foreigners lay upon us, and we pay it ; for a duty laid upon our shipping, which transports our produce to foreign markets, sinks the price of our produce, and operates as an efiectual tax npon those who till the ground and bring the fruits of it to market. AU na- tions have seen the necessity and propriety of raising a revenue by indirect taxation, by duties upon articles of consumption. Franca raises a THE FEDERAL CONSTITUTION. 407 revenue of twenty-four millions sterling per annum ; and it is oliiefly in this way. Fifty millioils of livres they raise upon the single ar- ticle of salt. The Swiss Cantons raise almost the whole of their revenue upon salt. Those states purchase all the salt which is to be used in the country : they sell it out to the people at an advanced price ; the advance is the revenue of the country. In England, the whole public revenue is about twelve millions sterling per annum. The land tax amounts to about two millions; the window, and some other taxes, to about two millions more. The other eight millions are raised upon articles of consump- tion. The whole standing army of Great Brit- ain could not enforce the collection of this vast sum by direct taxation. In Holland, their prodigious taxes, amounting to forty shillings for each inhabitant, are levied chiefly upon articles of consumption. They excise every thing, not even excepting their houses of in- famy. The experiments, which have been made in our own country, show the productive nature of indirect taxes. The imports into the United States amount to a very large sum. They will never be less, but will continue to increase for centuries to come. As the population of our country increases, the imports will necessarily increase. They will increase because our citi- zens will choose to be' farmers, living indepen- dently on their freeholds, rather than to be manufacturers, and work for a groat a day. I 3nd by calculation, that a general impost of 5 per cent, would raise the sum of £245,000 per annum, deducting 8 per cent, for the charges of collecting. A further sum might be de- ducted for smuggling — a business which is too well understood among us, and which is looked upon in too favorable a light. But this loss in the public revenue will be overbalanced by an increase of importations. And a further sum may be reckoned upon some articles which will bear a higher duty than the one recom- mended by Congress. Eum, instead of id. per gallon, may be set higher without any detriment to our health or morals. In England, it pays a duty of 4». M. the gallon. Now, let us com- pare this source of revenue with our national wants. The interest of the foreign debt is £130,000 lawful money, per annum. The ex- penses of the civil list, are £37,000; There are likewise further expenses for maintaining the frontier posts, for the support of those who have been disabled in the service of the conti- nent, and some other contingencies, amounting together with the civil list, to £130,000. This sum, added to the interest of the foreign debt, will be £260,000. The consequence follows, that the avails of the impost will pay the inter- est of the whole foreign debt, and nearly satisfy those current national expenses. But pei-haps it will be said that these paper calculations are overdone, and that the real avails wUI fall far short. Let me point out, then, what has actu- ally been done. In only three of the States, in Massachusetts, New York, and Pennsylvania. 160, or £180,000 per annum have been raised by impost. From this fact, we may certainly conclude that, if a general impost should be laid, it would raise a greater sum than I have calculated. It is a strong argument in favor of an impost, that the collection of it will inter- fere less with the internal police of the States than any other species of taxation. It does not flu the country with revenue ofiicers, but ia confined to the sea-coast, and is chiefly a water operation. Another weighty reason in favor of this branch of the revenue is, if we do not give it to Congress, the individual States will have it. It wUl give some States an opportunity of oppressing others, and destroy all harmony between them. If we would have the States friendly to each other, let us take away this bone of contention, and place it, as it ought in justice to be placed, in the hands of tbe general government. " But," says an honorable gentleman near me, "the impost will be a partial tax; the Southern States will pay but little in compari- son with the Northern." I ask, What reason is there for this assertion ? Why, says he, we live in a cold climate, and want warming. Do not they live in a hot climate, and want quench- ing ? Until you get as far south as the Oaro- linas, there is no material difference in the quantity of clothing which is worn. In Vir- ginia, they have the same course of clothing that we have ; in Carolina, they have a great deal of cold, raw, chilly weather; even in Georgia, the river Savannah has been crossed upon the ice. And if they did not wear quite so great a quantity of clothing, in those States as with us, yet people of rank wear that which is of a much more expensive kind. In these States, we manufacture one-half of our clothing, and all our tools of husbandry ; in those, they manufacture none, nor ever will. T^iey will not manufacture, because they flnd it much more profitable to cultivate their lands, which are exceedingly fertile. Hence they import almost every thing, not excepting the carriages in which they ride, the hoes with which they till the ground, and the boots which they wear. If we doubt of the extent of their importa- tions, let us look at their exports. So exceed- ingly fertile and profitable are their lands, that a hundred large ships are every year loaded with rice and indigo from the single port of Charleston. The rich return of these cargoes \ of immense value wiU be all subject to the im- post. Nothing is omitted ; a duty is to be paid upon the blacks which they import. From Virginia, their exports are valued at a million sterling per annum ; the single article of tobac- co amounts to seven or eight hundred thousand. How does this come back ? Not in money ; for the Virginians are poor, to a proverb, in money. They anticipate their crops ; they spend faster than they earn ; they are ever in debt. Their rich exports return in eatables, in drinkables, and in wearables. All these are subject to th« W8 OLIVER ELLSWORTH. impost. In Maryland, their exports are as great in proportion as those in Virginia. The imports and exports of the Southern States are quite as great in proportion as those of the Northern. Where, then, exists this partiality, which has been objected? It exists nowhere but in the uninformed mind. But there is one objection, Mr. President, which is broad enough to cover the whole sub- ject. Says the objector, Congress ought not to have power to raise any money at all. Why ? Because they have the power of the sword; and if we give them the power of the purse, they are despotic. But I ask, sir, if ever there were a government without the power of the sword and the purse ? This is not a new coined phrase; but it is misapplied; it belongs to quite another subject. It was brought into use in Great Britain, where they have a king vested with hereditary power. Here, say they, it is dangerous to place the power of the sword and the purse in the hands of one man, who claims an authority independent of the people ; there- fore we will have a Parliament. But the king and Parliament together, the supreme power of the nation, — they have the sword and the purse. And they must have both; else how could the country be defended ? For the sword without the purse is of no effect ; it is a sword in the scabbard. But does it follow, because it is dangerous to give the power of the sword and purse to an hereditary prince, who is inde- pendent of the people, that therefore it is dan- gerous to give it to the Parliament — to Con- gress, which is your Parliament — ^to men ap- pointed by yourselves, and dependent upon yourselves ? This argument amounts to this : you must cut a man in two in the middle, to prevent his hurting himself. But, says the honorable objector, if Congress levies money, they must legislate. I admit it. Two legislative powers, says he, cannot legis- late , in the same place. I ask. Why can they not? It is not enough to say they cannot. I wish for some reason. I grant that both can- not legislate upon the same object at the same time, and carry into effect laws which are con- trary to each other. But the constitution ex- cludes every thing of this kind. Each legisla- ture has its province ; their limits may be dis- tinguished. If they will run foul of each other ; if they will be trying who has the hardest head, it cannot be helped. The road is broad enough ; hut if two men will jostle each other, the fault is not in the road. Two several legis- latures have in fact existed and acted at the same time in the same territory. It is in vain to say they cannot exist, when they actually have done it. In the time of the war, we had an army. Who made the laws for the army ? By whose authority were offenders tried and executed ? Congress. By their authority a man was taken, tried, condemned, and hanged, in this very city. He belonged to the army ; he was a proper subject of military law ; he deserted to the enemy, he deserved his fate. Wherever the army was, in whatever State, there Congress had complete legislative, judi- cial, and executive powers. This very spot where we now are, is a city. It has complete legislative, judicial, and executive powers ; it is a complete State in miniature. Yet it breed? no confusion, it makes no schism. The city has not eaten up the State, nor the State the city. But if there be a new city, if it have not had time to unfold its principles ; I will instance', the city of New York, which is and long ha." been, an important part of the State ; it has ' been found beneficial; its powers and privi leges have not clashed with the State. The city of London contains three or four times as many inhabitants as the whole State of Connec- ticut. It has extensive powers of government, and yet it makes no interference with the gen- eral government of the kingdom. This con- stitution defines the extent of the powers of the; general government. If the general legislature should at any time overleap their limits, the judicial department is a constitutional check. If the United States go beyond their powers, if they make a law which the constitution does not authorize, it is void, and the judicial power, the national judges, who, to secure their im- partiality, are to be made independent, will declare it to be void. On the other hand, if the States go beyond th^ir limits, if they make a law which is a usurpation upon the general government, the law is void, and upright, inde- pendent judges wiU declare it to be so. Still, however, if the United States and the individ- ual States will quarrel, if they want to fight, they may do it, and no frame of government can possibly prevent it. It is sufficient for this constibation, that, so far from laying them un- der a necessity of contending, it provided every reasonable cheek against it. But perhaps, at some time or other, there will be a contest ; the States may rise against the general govern- ment. If this do take place, if all the States combine, if all oppose, the whole will not eat up the members, but the measure which is op- posed to the sense of the people will prove abortive. In republics, it is a fundamental 't principle that the majority govern, and that the minority comply with the general voice. How contrary, then, to republican principles, how humiliating, is our present situation ! A single I State can rise up, and put a veto upon the most I important public measures. We have seen this \ actually take place. A single State has con- trolled the general voice of the Union ; a minor- ity, a very small minority, has governed us. So far is this from being consistent with re- publican principles, that it is, in effect, the worst species of monarchy. Hence we see how necessary for the Union is a coercive principle. No man pretends the contrary: we all see and feel this necessity. The only question is. Shall it be a coercion of law, or a coercion of arms? There is no other possible alternative. Where will those who oppose a coercion of law come out! Where THE FEDERAL (JONSTITDTION. 409 will they end? A necessary consequence of their principles is a war of the States one against the other. I am for coercion hy law — that coercion which acts only upon delinquent individuals. Tliis constitution does not at- tempt to coerce sovereign bodies, States, in tlieir political capacity. No coercion ia appli- cable to such bodies, but that of an armed force. If we should attempt to execute the laws of the Union by sending an armed force against a delinquent State, it would involve the good and bad, the innocent and guilty, in the sanje calamity. But this legal coercion singles out the guilty individual and punishes hiir tnv breakine the laws of the Union. All men will see the rea> sonableness of this ; they will acquiesce, and say, Let the guilty suffer. How have the morals of the people been de- praved for the want of an eflttoient government, which might establish justice and righteous- ness. For the want of this, iniquity has come in upon us like an overflowing flood. If we wish to prevent this alarming evil, if we wish to protect the good citizen in his right, we must lift up the standard of justice ; we must establish I a national government, to be enforced by the j equal decisions of law, and the peaceable arm of the magistrate. CHRISTOPHEK GOKfi. The eminent subject of this sketch was born in Boston, Massachusetts, on the twenty-flftli Df September, 1758. His father was a worthy and respectable mechanic, who by a course of Uonest and skOful industry acquired a large property. He married Frances Pinckney, by whom he had fourteen children. On the commencement of the difficulties between the colonies and the mother country, he embraced the cause of the Grown : was an Addresser of General Gage, went to Halifax on the evacuation of Boston, in the spring of 1776, and from thence to England. After the war he returned to Boston, where he died in the year 1795. Christopher was the youngest of three sons. He received his early instruction at the public schools in Boston, and fitted for college in the Latin school, under the guidance of the cele- brated Master Lovell, whose name is honorably associated with the early days of many of the best scholars, and some of the most celebrated men of New England. He entered Harvard College, at the age of thirteen years, and was among the youngest of his class ; but young as he was, his talents were of that high order, his tastes for literary pursuits so decided, and his appli- cation so judicious, that he soon acquired and sustained the reputation of a good scholar. During his junior year the war of the revolution commenced, and the college buildings being wanted for the use of the American army, the students were dispersed. On returning to his home, his father expressed a desire that he should retire from college altogether and enter upon the study of medicine. Unwilling to gratify the desire of his father, " as he had no taste for that profession," he resolved if possible to complete his collegiate course, and for that purpose went to Bradford, in his native State, and studied under the direction of the Rev. Mr. Williams. On the removal of Harvard College to Concord, Massachusetts, Mr. Gore, with many of the students, attended there and continued his studies ; graduating in 1776, with honor and with a character, that gave promise of future eminence and usefulness. At college, he was uncommonly popular. "His manners were engaging,'' says his bio- grapher, "his disposition was ingenuous, and his conduct fair and honorable. It is saying much for the integrity of his principles, that he passed the dangerous period of a college life, pure and unstained by vice. Nothing mean, disgraceful or degrading was ever attached to his youth." It was this amiable character, joined to his social disposition and literary taste, that led him to form friendships, which in after years continued to increase in strength and bright- ness, and to yield purer satisfaction, to the close of life. , Mr. Gore left college about the time the independence of the colonies was declared, and like many others who were destined for the peaceful pursuits of professional life, was ani- mated with the ardent spirit of patriotism, and for a short season joined himself with a number, who cheerfully prepared to endure the hardships and privations of military service, to repel an expected invasion of the British on Rhode Island. The invasion did not take place, however, and his services were not required. Soon after this period he became a student at law, under the guidance of Judge Lowell, and continued with him, as a member of his family, until he commenced practice. This situation afforded him great moral and intellectual advantages ; and the character he subsequently bora OHRtSTOPlIER GORE, 411 evinced how able he was to appreciate and improve them. When he entered on the practica of his profession, he brought to it not only a mind prepared by a judicious course of study, but the enviable recommendation of an unoorrupted youth. He rose rapidly in public esteem. His strict attention to business, his faithful application of time and taient, his punctuality in the discharge of the trusts confided to him, his powers of eloquence, and his ease of manners, soon secured him, at an early age, not only patron- age, but an eminence in his profession. His fellow-citizens manifested the regard in which they held him, and the confidence they had in his abilities, by delegating him, before he had reached the age of thirty years, to the Massachusetts Convention, for the consideration of the Federal Constitution. In that assembly, associated with those long-tried and ardent patriots, Samuel Adams and John Hancock, he bore an active and honorable part. In the year 1789, he was appointed by Washington, the first United States Attorney of the District of Massachusetts, under the new constitution, and in April, 1796, was associated with William Pinokney of Maryland and Colonel Trumbull of Connecticut, in a commission to settle the claims for British spoliations, under the fourth article of Jay's treaty. He remained in England eight years in this employment, visiting his home once during that time, on business of a private nature. His unsullied public character, the polished courtesy of his manner, and his high literary attainments, secured him the friendship and regard of all who became known to him, among whom were many of the most distinguished men in Great Britain. At the same time, by his assiduous attention to business, his profound knowledge of commercial law, his labored arguments, and his personal influence, he recovered sums to a vast amount for the citizens of his native country. Mr. Gore's and Mr. Pinckney's great exertions during this commission, are w^ell known, but it is not so generally understood, that to Mr. Gore one large description of suflferers were principally indebted for the recovery of their claims. Mr. Pinokney 'lad great doubts as to that class of captures, which were made under the rule of 1756. Mr. Gore made a very elaborate and powerful argument in favor of those claims, and by his perse- verance and exertions, a great interest was secured to the people of the United States. When Rufus King, who had been minister to the British Court, returned to America, he appointed Mr. Gore charg6 d'affaires. In this station he continued until the following year. On his return from England, "so acceptable had been the performance of his duties,'' says Sullivan, "that the most respectable persons united in a festival to do him honor: and a more sincere and cordial testimonial of respect and esteem was never given to any man." Soon after his return, Mr. Gore resumed the practice of his profession. He was a member of the Massachusetts Senate, for the county of Suffolk, during 1806 and 1807, and in the year following, was chosen to the lower house of the State Legislature. His position in this body was conspicuous, upright, and honorable. One of the ablest papers that appeared, on the orders in council, and the decrees of France, and on the manner in which these had been treated by the national government, was drawn up by him, in the form of a report, on a memorial of the citizens to the legislature. In 1809 he was chosen governor of Massachusetts, and continued in oflBce one year. As chief magistrate, he made himself familiar with every subject, that related to the interests and prosperity of the State, the honor and happiness of the people. At ths expiration of his term of office, he returned to private life, to remain but a short time however, as, in 1814, he was appointed by Governor Strong, to the Senate of the United States. In that assembly he displayed his usual ability and zeal, and exerted a great personal influence among all parties. After a service of three years in this station, the duties of which were becoming too arduous for his health, he resigned his seat, and did not thereafter enter public life. Mr. Gore was an active and influential member of many of the literary and benevolent insti- tutions in the community in which he lived. He was among the earliest members of the Ameri- can Academy, and from 1806 to 1818, occupied the presidency of the Massachusetts Historical Society, one of the most respectable and useful bodies in America. To these institutions he bequeathed valuable legacies ; as he did, also, to Harvard College — making the corporation of that institution his residuary legatee. Mr. Gore's personal appearance is thus described by one of his cotemporaries : " He was iia OHEISTOPHEE GOEE. rather tall, and, in middle life, of full person and erect, bnt began to bend forward at an earliel age than common. He was bald on the whole upper surface of his head, at an unusually earlj period. His hair was tied behind,' and dressed with powder. His face was round and florid, his eyes black ; his manners courteous and amiable. His eloquence was dignified and impres- sive, and in all his relations and deportment, he had the bearing and polish of a well-bred gen- tleman." * During the last years of his life, he suffered intensely from bodily infirmities ; yet " such was his fortitude, such the equanimity of his mind, sustained by refieotion, philosophy, and religion, that to a stranger he seemed not to suffer. His noble person literally bent down with pain and disease, he received his friends with cheerfulness, and so exerted himself to en- tertain them, that they left him with inci-eased admiration of his intellectual and moral worth." On the first of March, 1829, having endured his sufferings like a martyr, without a murmur of complaint, he yielded to the violence of his disease, and cheerfully surrendered his spirit into the hands of his Maker.t PROHIBITION OF CERTAIN IMPORTS. On the twenty-seventh of January, 1814, the Senate of the United States, in Committee of the Whole, resumed the consideration of the bill " to prohibit the importation of certain ar- ticles therein described," when Mr. Gore, mov- ing to strike out from section first, the words " any article manufactured or composed of wool, or of which wool is the material of chief value ; any article manufactured or composed of cotton, or of which cotton is the article of chief value, except nankeens from beyond the Cape of Good Hope ; " addressed the chair as follows : J Me. President : I have listened, sir, with undivided attention, to learn if there were any substantial reasons for the passage of this bill. 1 can perceive none that are even specious. "We may be contident, from the known industry, ingenuity, and information of the honorable chairman of the committee, who introduced the subject, that if any such existed, he would have produced them. Indeed, sir, the gentleman considers the proposed measure as a mere sup- plement to another, viz : the non-importation law ; the policy of which is not to be brought into question at the present time, and on the present occasion. Should that law be deemed improper, the only mode in which he thinks its wisdom and policy can be discussed, wiU be to offer a mo- tion for its repeal. It is not clear to my mind, how the propriety of this bill can be decided, * Sullivan's Familiar Letters on Public Characters. Edi- tion of 184T, page 882. + Memoir of Mr. Gore, published in the Collections of the Massachusetts Historical Society ; the sketch of his iife in the American Annual Register ; Sabine's American Loyal- ists, and Sullivan's Letters. i Annals of Congress, January 27 th, 1814 which is a mere accident, without considering the merits of the principal measure to which it is to be attached, and which it is intended to enforce. If the act which this is to execute, was originally wrong, or has become so now, although at first proper, we ought at least to refrain from doing any thing which may give it strength. This is yet in our power. To repeal the law does not depend on this House ; the other branch of the legislature may refuse its concurrence : should that body concur, the President may decline to afford his approba- tion ; and considering how dear this system is to him, we have a moral certainty he would not. I am, therefore, not satisfied to follow the advice of the honorable chairman, by obeying the rules which he has prescribed to himself, and which seem to have induced him to rest the bill principally, if not altogether, on the message of the President. He too, sir, has omitted to offer any grounds for the opinion he has been pleased to advance. The recommen- dation of the President is undoubtedly entitled to the most respectful attention, but we have no right by our votes to sanction error, from whatever source it may come. We ought to refrain from acting, until, our minds are con- vinced of the propriety of the measure recom- mended. We have already sir, without any evidence of the assumed fact on which it was recommended— contrary to the conviction of a majority of this House I cannot say, but I may say, contrary to the avowed conviction of some who voted for the measure — passed a bill, in obedience to the will of the Chief Magistrate, which subjects aU our citizens to immense los.s and privation ; which dooms large and popu- lous districts of our country to want and wretch edness ; which pronounces to the world, that the citizens of the United States cannot be trusted out of the immediate eye of the govern- ment ; that reduces the country to a desert, and then converts it into a prison for its miserable PKOHIBITION OF CERTAIN IMPORTS. 413 inhabitants, under all the regulations of military discipline. Enough, sir, has been done, I hope, to satisfy the President, and the world at large, of his weight and influence in this honorable and in- dependent branch of the legislature. Let us, then, on the present occasion, examine this message, at least those parts of it whioli relate to the subject before us, with all the deference which is due to the President, and with all the freedom which is required by our paramount duty to the public. The message declares, that " the tendency of our commercial and navigation laws, in their present state, to favor the enemy, and thereby prolong the war, is more and more developed by experience. Abuses of a like tendency take place in our important trade ; British fabrics and produofes find their way into our ports, un- der the name and from the ports of other countries." " To shorten as much as possible the duration of the war, it is indispensable that the enemy should feel all ihe pressure that can be given by it. The restraints will affect those most who are most ready to sacrifice the interest of their country in pursuit of their own." The evil complained of is the tendency of our navigation and commercial laws, by allow- ing the importation of articles of a kind like to those manufactured in England, to introduce British fabrics aud products, to favor the enemy and prolong the war. The remedy proposed, is the express and ab- solute prohibition of all such articles, from whatever country they may come. The object is to cause such a pressure on the foe as to sliorten the war ; that is, to compel him to accede to our terms. It cannot be forgotten, that our commercial and navigation laws pro- hibit, under heavy penalties, the introduction of all articles of the growth, produce, or manu- facture of Great Britain ; that our criminal laws are very severe on those who obtain such arti- cles by trading with the enemy. With all these laws against offenders, and penalties im- posed on all concerned in the importation of British goods, it is difficult to conceive that any amount of the prohibited articles can be im- ported, at most to such a degree as to afford to Glreat Britain any essential means to carry on the war. It is more difficult to conceive what tendency such laws have to bring into our ports British fabrics and products. The President has been pleased to say, that experience more and more developes these facts and consequences. Let us then, sir, appeal to experience, to ascertain the pressure that is likely to be made by the prohibition proposed and its effects on the enemy. In our revolu- tionary contest we endeavored, by refusing to import her manufacture, to oblige Great Britain to listen to our just complaints. We were aided by the great body of her merchants and manu- facturers, trading to this country, by some of the most opulent of her corporations, and by the talents and eloquence of her most distin- guished and influential statesmen. All these were without effect ; she disregarded the pres- sure and was inexorable to our complaints. The war ensued, and laws against the im ■ portation of all goods, the growth, produce, and manufacture of Great Britain, were enacted. No one will doubt those laws were as faithfully executed then as now. The pressure, whatever it was, had not the smallest effect. She swerved not from her purpose, until all Europe engaged in the war against her ; until we had captured two of her largest and best appointed armies, under the command of her most re- nowned and illustrious Generals, nor until an hostile fleet swept the British Channel, and braved her navy in her own ports. In the spring of 1806 we again uplifted this weapon, so terrible in our eyes, so harmless in hers ; we pa'fesed a law prohibiting the importation of certain articles, of the manufacture of Great Britain, but the blow was suspended for seven months ; at the end of this time, eight months more of grace were allowed to the alleged offenders against our rights, with a power to the President to extend the time six months longer, in which she might redeem our favor. No effect was produced. Shortly after the lapse of this term, a general embargo was im- posed. In March, 1 809, when President Jeffer- son and his very obsequious Congress, who, at his mere suggestion, passed that abominable act, and its arbitrary and unconstitutional sup- plements, were obliged to capitulate with public opinion, and repeal their odious laws, a non- intercourse was established against France and England, and conditions held out to these great powers, a compliance with which should relieve them from this dreadful pressure. On applica- tion to one of them to accept our good will and custom, and aid, in extricating us from the effects of our own folly, we were tauntinglv told that Great Britain had no interest in the repeal of our laws, nor in relieving us from the awkward predicament in which we had been pleased to place ourselves. By the other, our ships were burned, our property plundered, our national character, our government, and people insulted and reviled in the grossest manner, and in the face of the world. All this was borne with a patience that was never sm'passed by the meanest of vassal nations and unequalled by any that ever made the smallest pretensions to independence. In this exercise of our re- strictive energies, according to the strange lan- guage of the day, we I'eaped nothing but mis- fortune and disgrace. At length, smarting un- der the failure of our abortive schemes, and stung with the mortifying conviction that the world saw and ridiculed our extreme weakness, in attempting such mighty ends by such feeble means, we rushed unprovided and unprepared, into a war of arms, with a nation amply pro- vided and well prepared to contend with all the Powers of the earth. Thus much for our ex- perience of the pressure, and the effects thereof 4:14 OHEISTOPHER GOEE. on Great Britain, by proMbiting tbe importa- tion of her manufactures. We can draw still deeper on experience, to test tlie soundness or futility of such measures, if we wiU revert to the efforts of the potent Emperor of France on Great Britain. To aid his numerous armies in the conquest of those proud islanders, he prohibited the use of her manufactures, not only in his own dominions, and in those of his vassal states, but through- out all Europe ; and for many years he succeed- ed in causing this prohibition to be general over the Continent. No foothold could Great Britain obtain on which to empty her over- loaded stores and magazines, but some distant island or some obscure port in the North Sea. She was shut out from the market of more than an hundred mUlious of people by this seemingly all-powerful monarch ; undismayed she met the world in arms, bore every privation for the loss of open markets, for the labor of her people, and the products of her vast possessions, with- out discovering the smallest symptoms of yield- ing an iota of her pretensions. Her proud and unbending neck spumed the yoke. It bent not the least, although we too added our mite to the pressure. She never hesitated between the alternative of no trade, or a surrender of what she deemed her rights. The effects of her firm- ness and perseverance are not likely to render her more submissive to the blows we have in- flicted, or to those we are preparing for her by this bill. She now has all the world courting her trade, and receiving her products, dimin- ished France, impoverished America except- ed. When she considers how successfully she met her numerous foes, armed also with prohibition and proscriptions of her products on every foot of land, from the Baltic to the Mediterranean, and compares the situation of her then enemies with that of our fallen country, will she be frightened into submission by the increased pressure of this act ? She attempts to capture our ships, to destroy our trade, and prevent us from receiving supplies from abroad. We co- operate most manfully in this work of ruin ; nay, we do more to this end, in a few short days, than she could do in many years. We annihilate our ships, destroy our produce, im- prison all our citizens, suffer not one to escape from the United States, doom whole States to sloth and famine, allow no man, woman, or child to cross a river or bay without permission from the President, to obtain the smallest com- fort in the greatest need, break down all the barriers heretofore thought necessary to the support of the public and individual liberty, disregard the provisions of our constitution, and subject ourselves and property to martial law. When our vindictive foe has obtained so efficient an ally, in bringing destruction on the people of this country, he may cheerfully sus- tain the loss which will be incurred by retain- ing at home, or selling at a i-eduoed price, the few blankets that might be smuggled into the United States by some crafty foreigner from p neutral port. The remedy proposed for this enormous evil, as it is believed, the practice of which is sup- posed to afford to Great Britain the power of continuing the war against us, is an express and absolute prohibition of articles of a kind like to those of British fabrics, from all countries. The existing laws render liable to forfeiture all' British goods, and three times their value, or the vessel or carriage which shall convey them. These laws, moreover, render the master of the vessel, and all parties to the offence, liable to- heavy and severe penalties, and superadd to those inflicted by public law, and by the com- mon law of the land, other and more aggra vated penalties. If the people of the United States be as profli- gate, as the message referred to supposes them, and do now risk all the fines and forfeitures, pains and penalties, to which they are liable, will such an act as the one proposed, effectually secure the entire exclusion of such goods ? The Emperor of France, I will not say more despotic in the quality of his laws than the government of the United States, but possess- ing greater power, exerted all the ingenuity of his inquisitive policy, and employed his vast means, to detect offences against his prohibi- tory statutes, and, when detected, punished them with unmitigated severity. Yet the pro- hibited goods were to be found in every part of the Continent, and in the very heart of his do- minions. Surely such a lesson will not be lost on any legislature, guided by a sound discretion, nor on any man not predetermined to shut his eyes against the light of experience. It is not merely the experience of the present day to which I would ask the attention of gen- tlemen. The experience of all times, and of aU nations, has shown that the most arbitrary, even the most sanguinary provisions of the best executed laws are ineffectual against the intro- duction of foreign commodities, which are bet- ter and cheaper than the domestic. It has been truly said, the strongest, the highest bars that the tyranny or folly of government can erect, always have, and we may therefore safely pre- dict always will, prove powerless against the cheapness of foreign articles. Private interest wiU either overleap or burst them asunder. Laws against the long-continued habits, and the manifest benefit of a people, serve but to cor- rupt their morals, to compromit the character of government, to expose its weakness, and finally to render it both odious and contemp- tible. To render the miserable system, of which this bin is to be the keystone, more palatable, we are told encouragement will hereby be afforded to our own manufactures. This comes with an iU grace, indeed, from that government which has most unfeelingly destroyed all the numerous manufactures that spring from, and are supported by, navigation and commerce. Manufactures that inspire health, courage, firm PROHIBITION OF CERTAIN IMPORTS. 415 ness, and intrepidity, that nerve the arm and invigorate the mind, that provide you men, at all times, able and willing to defend the soil blessed by their industry, and to advance the glory of a nation that has the wisdom to pro- tect and cherish them. Instead of these hardy employments, you offer the loom and shuttle. Tou huddle to- gether men, women, and children, in one con- taminated, and contaminating mass, and will soon render your men more effeminate than your women. You have sentenced the sons of industry and enterprise to penury and want, and expect to stifle their complaints by sending them to work at a machine, where an idiot can work as skilfully as themselves, and a feeble girl of ten years of age can earn as much. I know, sir, the people of this country are patient beyond all example. They have be- lieved the government was not hostile lo their interests. They have been taught to think the privation they endured was a necessary price for the protection of their rights, and the support of their freedom. This opiate, which has been so plentifully administered, must, and wUl lose its effect. They cannot continue the dupes of that policy, of which they are so man- ifestly the victims. They will not stoop to beg ; they cannot see their wives and children perish with hunger and nakedness. You take from them their livelihood, and restrain them from the sad privilege of seeking abroad that bread which you will not permit them to earn at home. They will feel themselves degraded and insult- ed by being told, that they must fight the ene- my for their rights, when the government, which ought to be their friend and protector, deprives them of all their rights, of even the means of obtaining subsistence, and at the same time renders them the scoff and ridicule of the world. Would to heaven, sir, the government might awake from its own fatal illusions, before it be too late, — before the people shall awake to the deformity of that despotism which debases and oppresses them ! The President tells you the restraints wiU affect those most who are most ready to sacri- fice the interests of their country in pursuit of their own. These restraints will affect all who use any articles like those which are prohibited. The bill grants a monopoly to the manufac- turer, at the expense of every one who wears the article which he makes. You tax the weaver the difference that is occasioned in price, by want of those commodities, which would have been imported had not your pro- hibition been imposed. By the destruction of commerce, with its de- pendent arts, and the flattering bounties you thereby heap on the favored manufacturers, you prematurely seduce the capitalists of the country into new and untried employments. When peace returns, and trade shall be restor- ed, should that ever . be the case, these manu- factures will »"t compete with foreign. They win then be destroyed with the same apathy that is now discovered in the destruction of others that are more useful. Fi'om the high price of labor in America, — ^the cheapnoes, quantity, and excellence of our lands, and the profitable employment of capital in foreign commerce, — we cannot expect to manufacture many articles so cheap as they can be afforded from other countries, less fortunately situated. Such will then be imported, and the numerous adventurers in these new establishments must fail. Sad, but certain result of not leaving to the sagacity of individuals, at all times more quick-sighted and intelligent on subjects of this sort than the wisest governments, the employ- ment of their wealth, and the exercise of their own industry. AU writers, sir, on political economy, aU na- tions, except our own; all statesmen, except those who rule the destinies of the United States ; are satisfied of the vast importance of commerce to the population, the riches, and prosperity of a country ; that, with it, are in- separably connected individual wealth and na- tional power, of which it is essentially the source and support. Prom some cause, which I will not now un- dertake to develope, but which is, at last, pretty well understood throughout this coun- try, the efforts of our government have all tended directly to the destruction of commerce. To this end it has been loaded with all the shackles and restrictions for which any pre- tence could be invented, and to as high a de- gree, and as long as the patience of the people would bear. Congress has now finally sup- pressed all that can be exercised by our own citizens, both foreign and domestic. The little remnant which had been spared from prohibitions, proscriptions, embargoes, and war measures against Great Britain, at the evident hazard of offending the few friends which remain to us in the civilized world, is now to be sacrificed to this exterminating spirit. Not an article, of which wool or cot- ton is an ingredient, is to be admitted from abroad. By far the greatest portion of the ap- parel of the whole population of this country, is composed of wool or cotton. It cannot be pretended that one-half the supply necessary to cover our citizens from absolute nakedness, can be made at Jaome. Without recurring to the uncertain accounts, of who makes, and where these goods are made, and the quantities that interested manufacturers pretend can be delivered, there is one fact known to every one, that puts this question beyond aU doubt : notwithstanding the immense influx of those articles in the autumn of 1812, and the quan- tities which we are told find their way into the United States from Great Britain, as well as from other parts of the world, goods of this kind, especially of the coarser sort, and such as are used almost exclusively by the poor, have been sold for a year past at three times the amount of their original cost, whereas, in com- 416 OHEISTOPHEE GOEE. mon and ordinary times, forty, or at most fifty per cent, advance, on the first price, was con- sidered suiHoient to pay all charges, and afford a handsome profit to the importer. If the bill passes, and effects the exclusion which is expected, the rich must, and wiU pay the monopoly price of the manufacturer. The poor must suffer extreme distress. Formerly, the number of this class was small, and it has become very large, and soon wiU embrace a majority of our citizens. On them will fall these restraints. Wherein have they been willing to sacrifice the interests of the country in pursuit of their own? Their poverty is their only crime, and this cannot be charged on them. It fiows directly and palpably from the government. They have been generally, both in faith and practice, devoted to the ad- ministration. Well may they exclaim, What have we done to merit from your hands both nakedness and hunger? All this is to be inflicted and suffered under the notion, that, by such pitiful schemes, you can compel the most opulent, the most powerful, the most prosperous, and the proud- est nation on the earth, to receive the law at your hands, and to accept peace on your own terras. I forbear to press this subject fur- ther. I am persuaded, sir, and I trust this House, if it will exercise its own judgment, will also be persuaded that this bill, if passed into a law, can have no other effect than to render tlie nation ridiculous, and to increase the misery and distress of a loyal and faithful people, already bowed to the earth with priva- tions and sufferings. There is one other con- sideration in the minds of many, of greater magnitude than any yet contemplated, against employing our time and strength in such fruit- less schemes, which will now — they always have done — ^prove a mere ignis-fatuus, as re- lates to the enemy. They delude us from examining into the critical state of our na- tional affairs, and from adopting measures suited to the extreme exigency of our con- dition. It is time to cease this trifling, and to look fully at the dangers of our present, and prepare for the horrors of our future situation. On our southern frontiers, we have an invading foe, and no force, that we know of, to prevent deso- lation and ruin, as far as he chooses to proceed. In the west, it is true we hear the voice of joy and gladness, arising from the great influx of wealth, from projects for new demarcation of boundaries, extended territories, increasing population, and unclouded prosperity. I really rejoice, sir, that any part of our soil is free from the general gloom, from the otherwise univer- sal despair that pervades the country. I need not say it is only in that highly favored portion of the United States, where the occasion or the sound of gladness is to be heard. On our seaboard, we are closely invested by the enemy's fleet, from the St.' Croix to the Mississippi, menacing destruction and devasta- tion, should our government execute their de- clared purpose. On aU that extent of coast, from Louisiana to Maine, we have scarcely a fortress to protect us against this menace, should we proceed the unhallowed length thaL has been threatened. And we have the most fatal evidence, that our enemy is neither slow nor measured in his retaliations. On our north- ern frontier, late a scene of the most extrava- gant vaunting, and whence we expected to realize all the promised fruits of the war, we behold our towns altogether defenceless, and at the mercy of an exasperated foe, the country laid waste and desolate, villages sacked and burning, and their wretched inhabitants naked and forlorn, fleeing in the most inclement sea- son, from the flames of their houses, and the tomahawk of the savage. AU this time, the government of the nation amuses itself, by weighing the degree of pres- sure it can make on a powerful enemy, by de- priving her woollen drapers and cotton weavers of the sale of a few bales of goods. Never was such a scene exhibited, since the day when the master of a great empire thought to divert him- self by the most frivolous amusement while his capital was in flames. Let us quit this disgrace- ful and humiliating game, and seriously betake ourselves to the protection of our defenceless and neglected inhabitants, restore to them their ancient rights, suffer them to return to cheering industry and honest enterprise, endeavor to bring back peace, prosperity, and, if possible, character, to our bleeding country — once the just pride of every American, and the envy of every nation, now so fallen, so dishonored, so disgraced, and degraded, as to be xmworthy the consideration of the meanest. The system, sir, of which this is a pai't, has been tried in youth, and in manhood, in peace, and in war. In no instance has it ever pressed on Great Britain so as to produce from her a more favorable attention to our complaints. To us it has been pregnant with misfortune and disgrace. When practised by the most popu- lous and most wealthy nations of the earth, it has also been ineffectual. Great Britain has risen triumphant over all the efforts of her numerous foes, and has now a's friends, almost all those who were her enemies, and nearly the whole world is open to her as a market. It would seem then, conclusive to any men, not bereft of reason, that to persist in this course of measures, as instruments of war, marks the grossest imbecility of mind and power. We have also seen that the most powerful nations have never been able to execute such a system. The bill before us, and the message* which pro- duced it, confess that we have not executed it ; we have tried all the civil and military force of the country — all the forfeiture and penalties that human ingenuity and uncontrolled power could invent and enact, ,without effect. It m ust, * See Secret Message of President Madison to the Con gi'oss, in the Annals of Congress, 1818-1814, page 649. SPEECH ON DIRECT TAXATION. 4:11 therefore, be worse than idle to persist, espe- cially by such feeble means. I did not, sir, in my motion for striking out, include spirits distilled from the sugar cane, because I am satisfied ' we can make at home, spirits in as great quantities as can be useful for domestic consumption. The only remaining consideration would be that of revenue. And since, by all the skill of our financiers, and the wisdom of our statesmen, we have only reduced the annual amount of cash receivable in duties, from sixteen millions to a half a million of dol- lars, it cannot, in the view of the administration, be important to regard the article in this rela- tion ; moreover, the prohibition of spirits dis- tilled from cane, and the admission of French brandy, discover a due respect to that power and those interests, with which our own seem intimately, if not inseparably and fatally in- volved. SPEECH ON DIRECT TAXATION. The following remarks, on the bill "to pro- vide additional revenue for defraying the ex- penses of government, and maintaining the public credit, by laying a direct tax upon the United States, and to provide for assessing and collecting the same," were delivered by Mr. Gore, in the United States Senate, on the fifth of January, 1815. Mh. Pebsident: This bill imposes burdens extremely heavy on all the citizens of our com- mon country, and on those with which I am most acquainted, a load that, under existing circumstances, will be intolerable. With the principle of the bill, in selecting as objects of taxation the lands and buildings of the United States, I have no fault to find. I consider them as fit and proper subjects of revenue, and such assessments calculated to equalize the burdens of the country, as impos- ing them on all parts, and with more impar- tiality than can be attained by any other mode. And, sir, I should feel it my duty to vote for a bill imposing such a tax to any reasonable amount had it not pleased the government of the nation to place the State, which I have the honor to represent, out of the protection of the United States, and to determine, that while it shall bear a fuU proportion of the taxes, none of their fruits shall redound to her relief. The motives of Congress in granting supplies, are doubtless to provide for the defence of the country, and the security of its rights, by a safe and honorable peace. These motives are wise and irresistible ; all concur in the necessity of defending our terri- tory against the enemy ; and in the assertion and maintenance of our essential rights at every peril, and if necessary, by the sacrifice of all that conduces to private ease and personal anjoyment. No one feels this truth more sensibly than myself — ^no one considers the duty more im- perative. With its obligations I have no com- promises to make, and in its performance I ask for no limitations on account of the folly and improvidence with which the war was urged, 27 nor of the degrading imbecihty, and prodigal waste of treasure, of blood, and character, by which it has been prosecuted. The enemy publicly proclaims his purpose to spread desolation far and wide, on our unpro- tected sea-coasts. He proceeds to execute his threats with a barbarity and baseness, in many instances, unprecedented. The mansions of the rich, the palaces of the nation, and the cottages of the poorest citizen, feel alike his disgraceful vengeance. The opu- lence of the wealthy is destroyed ; the means of subsistence to the impoverished inhabitants of the sands are redeemed from his rapacity by grinding impositions, which the charity of such as being out of the reach of his power are alone able to supply. Even the ashes of the dead are not suffered to repose in quiet. And, as the last act of atrocity, your slaves are -seized and seduced, embodied in military array, and led to the destruction of their masters, and the plun- der of their possessions. Whether those acts seek an apology in the conduct of our own government, we cannot inquire for the purpose of weighing our duty to repel his attack. Whoever comes to our shores in the character of an enemy must be resisted. We must do all in our power to defend our- selves and our soil from an invading foe. A question arises, Have we any grounds for believing that the grants of men and money wiU be wisely applied to the purposes of defence and protection ? Honorable gentlemen will please go back to November, 1811, when the Executive, in wind- ing its devious course to the fatal act of June, 1812, addressed the hopes, the fears, the vanity, and pride of the people, and owning its duty to establish the general security, assured the nation, " that the works of defence on our mar- itime frontier had been prosecuted with an ac- tivity leaving little to be added for the comple- tion of the most important ones. The land forces so disposed as to ensure appropriate and important services, and embodied and marched toward the north-western frontiers," to seek satisfaction for acts, which it was declared, had alike, "the character and effects of war." The subsequent course of things must be fulj 418 CHRISTOPHER GORE. in the mind of every one, and the result known and felt by aU. We learn that the same measures are to be pursued. The Atlantic coast is to be defended, as heretofore, by attempts on Canada. This is frankly and formally told to the Congress, that no pretence can be urged in future, of disap- pointment or deception. I forbear to speak on this subject. In the actual state of things, aU reasoning must be futile. The powers of language cease before the eloquent monitors constantly in our view. We are doomed to remain in this scene, that we may not for a moment lose sight of our de- gradation and disgrace. The government had complete information of the designs of the enemy months before his attack on Washington. In this city were all the means of defence, for- tresses, ships, cannon, men, and money; here, too, was concentrated all the wisdom of the administration, to deliberate, examine, decide, and prepare for the support of the Capitol, at least sixty days prior to its destruction, by a few thousand worn down and exhausted sol- diers. Ton have now in full view the effect of their combined councils — of their individual and united talents, prudence, and energies. These monuments show, in characters not to be mistaken, the future in the past, and the desolation around. They declare the fate of every place under the influence and protection of our government, if approached by the en- emy. Congress continues to grant, with no sparing hand, supplies of every kind to the same men, in the hope, it is imagined that heaven may, by some miracle, interpose for their application to the safety and relief of the country. Permit me, sir, to crave your indulgence, and that of the honorable Senate, while I relate the condition of the country which I represent, as the grounds of the vote I am constrained to give on this occasion. The State of Massachu- setts has a sea-coast of about six hundred miles in extent. Its eastern boundary joins that of the enemy. It is of course peculiarly liable to invasion. The President of the United States was avowedly of the opinion that it would be invaded immediately on the commencement of the war. There were several islands, and one of great importance, on the eastern frontier, the title to which was not definitively acknowledg- ed by Great Britain. The claim of Massachu- I setts had been allowed by this power in a treaty made according to the instructions of the Presi- dent, which treaty the United States had chosen to reject. The government, therefore, super- added to the general obligation enjoined upon it, to protect and defend the territory of all the States, had incui-red a peculiar responsibility to guard this particular frontier from falling into the hands of the enemy. This State has been left entirely unprotected and defenceless, and has at no time had within it, and destined to its defence, sufficient force of the United States to protect any one pomt against a common and ordinary hostile at tack. Shortly after the adoption of the constitution she ceded to the United States all the fortresses in her possession. These, with all the promi- nent points of lands and sites, appropriate for fortifications, to defend the State against in- vasion, were, and for a long time previous to the war had been, in the exclusive possession of the United States. The State, therefore, had no authority or jurisdiction over, nor even to enter them for any purpose ; much less to as- sume the defence of their territory, through these means. One great and principal object of the consti- tution was to provide by this government for the common defence, and, by the power and resources of all the States, to protect each against invasion. The preamble declares : " We the people of the United States, in order to form a more per- fect union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the bless- ings of liberty to ourselves and our posterity, do ordain and establish this constitution." For this end the States surrendered the principal sources of revenue, over which they previously had uncontrolled dominion. " The Congress shall have power to lay and collect taxes, duties, imposts, and excises to pay the debts and provide for the common defence, to borrow money on the credit of the United States." Here are ample resources, and means com- mensurate to the duties the United States were enjoined and undertook to perform. This cannot be denied by the men now in power ; for they abolished many taxes, in full and productive operation, at the time they re- ceived the government. Power was also granted to raise and support any kind of force necessary to ensure the com- mon defence, and to protect the State against invasion, viz. : " To raise and support armies. To provide and maintain a navy. To exercise exclusive legislation over all places purchased by the consent of the legislatures of the States in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings." The several States, having surrendered their own resources, and afibrded such ample provi- sion for the common defence, left no doubt of the paramount duty in the United States to per- form it punctually and faithfully. In the present war, they are without excuse, if this be not fully and perfectly done ; for the war was of their own choice ; they made it, and at their own time. The several States received from the United States a solemn obligation, that they would protect each against invasion. " The United States guarantee to every State a republican form of government, and shall protect each of them against invasion." SPEECH ON DIRECT TAXATION. 419 If any thing were wanting to show the saored- ness of this duty in the United States, and the absolute reliance which the States entertained of its complete performance, it is to be found in the restrictions and privations which the several States imposed on themselves. " No State shall grant letters of marque and reprisal. No State shall, without the consent of Congress, lay any imposts, or duties on im- ports or exports," except, &c. "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, or engage in a war, unless actually in- vaded, or in such imminent danger as will not admit of delay." Having thus surrendered all the pecuniary resources necessary to provide the means of defence, and also the right to raise a force re- quisite to this end, the several States did rely, and were justified in relying, with perfect con- fidence, for complete protection and defence, on the Government of the United States. No one will pretend that such defence has been afforded to all the States in the Union. Massachusetts has been entirely abandoned. The men raised there for the regular army have been marched out of the State. Within a month of the declaration of war, the governor of that State was informed, by direction of the President, that the regular troops were all ordered from the sea-coast ; and his threat, if intended as such, was instantly executed. Thus, the moment the United States had placed the country in a situation to require defence, and which it was their duty to pro- vide, they wantonly took away the only force which could afford it. It may be said, that the President called forth the militia, in June and July, 1812, for the purpose of making the defence, and pro- tecting the State against invasion, and the governor refused to obey the requisition. On the 12th June, 1812, the President, by his Secretary of War, requested Governor Strong to order into the service of the United States, on the requisition of General Dearborn, such parts of the militia as the general might deem necessary for the defence of the sea-coast; and, on the 22d June, the same general informed the governor that war was declared against Great Britain, and requested forty-one companies for the defence of the ports and harbors in Mas- sachusetts, and the harbor of Newport, in Rhode Island. The governor of a State is obliged to comply with every requisition of the United States for militia, made in pursuance of the provisions of the constitution. He is equally bound, by his duty to the States, to refrain from calling them forth for purposes not within these provisions. The only cases which authorize a call for the militia of the several States, to act against an enemy, is to repel invasion. The President neither by himself nor any of his oflBcers, ever pretended that this case ex- isted, at the time the requisition was issued. The requisition was made expressly for the de- fence of the ports and harbors of that State and of Rhode Island. The militia is a force which belongs to the several States respectively and exclusively, and is so recognized by the Constitution of the United States. The Government of the United States is a government of limited authorities, and has no other powers than what are grant- ed by the constitution. A power to call forth the militia to provide for the common defence, or to protect against invasion, is nowhere granted to the United States in express terms. All the authority over the militia delegated to the United States, is to caU them forth to repel invasion ; to execute the laws, and to suppress insurrection. The United States are bound to provide for the common defence. To repel invasion, is included in the duty of providing for the common defence ; and as in- vasion may be sudden, even in time of profound peace, and before the United States can bring their forces to meet an unexpected attack, the militia of the several States is granted to the United States, from the necessity of the case, as the means by which they may provide for the common defence, in such particular in- stance. If the United States have authority to call forth the militia for the ordinary purposes of war, for the common defence, or for protection against invasion, under any of the general pow- ers granted, such as that to provide for the common defence, there would have been no necessity for the special clause authorizing Congress to provide for calling them forth to repel invasion; for repelling invasion is un- doubtedly one part of the duty of providing for the common defence. If it were the intent of the constitution to grant to the United States expressly, a power over the militia for protection against invasion, it would have declared, that, for such purposes, the United States might call forth the militia; or it would have said to protect agaiast or re- pel invasion. And especially in the clause which enjoins on the United States the duty of protecting each State against invasion, the constitution would have declared, and that, for this purpose, the United States shall call forth the militia. No such words, no such grants, are made in this instrument. If, therefore, the authority of the United States to call forth the militia to protect the ports and harbors of a State, be granted, it must be by the terms to repel invasion. Common defence includes all the means by which a nation may be guarded, protected, defended, and secured against dan- ger, both in war and in peace. To repel invasion, is only one particular and specific act providing for the common defence. It is contrary to common sense, as well as to all the rules of logic, to say that a specific power or duty includes the general power, oi t20 CHRISTOPHER GORE. duty, of which it is a part ; it is to say that a part contains the whole. To repel invasion is to drive back and resist that which has already happened. To protect against invasion is to prevent its happening, to secure against its existence. The one act is against an event that has occurred — the other is to ensure and guard against the occurrence of such an event. To protect against invasion, is to erect for- tresses, to have them well manned, and sup- plied with all requisite stores, to provide and equip ships of war, to have *n army and navy well organized and disciplined, ;ii peace and in war. To repel invasion is one specific act of' war, against another act of the like character. To repel invasion is one part of the duty of providing for the common defence, and for this part a particular force is granted. To say that a grant of this force, for this special service, includes a grant of the same force for the pur- poses of protection and defence, is to say that a grant for one purpose, is a grant for another, and for every purpose, and that the grant of a limited is the grant of a general authority. This would be both illogical and irrational. And if under the limitations, which were intended to control the powers granted to the government of the United States, and especially under the express limitation, viz. " that powers not dele- gated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States, or to the people," such construc- tion may be adopted, there remains no security for any right reserved to the States, or to the people. However conclusive this reasoning may be, it is not to be presumed that, after the strides of power in which the spirit of party has in- dulged, it wiU have any effect on those who direct the affairs of this country ; I wiU, sir, however, refer to opinions and authorities in confirmation of what has been advanced, that to many gentlemen did not formally admit either of exception or appeal. These are to be found in the resolutions and arguments of the legislature of Virginia, and of Mr. Madison, one of that legislature in the years 1799 and 1800. I refer the Senate to the third resolution passed by that body, and fram- ed by the pen of the President, in the words following : " 3. Resolved, That this Assembly doth expli- citly and peremptorily declare, that it views the powers of the Federal Government, as re- sulting from the compact to which the States are parties, submitted by the plain sense and intention of the instrument constituting that compact, as no further valid than they are au- thorized by the grants enumerated in that con- tract ; and that in case of a deliberate, palpa- ble, and dangerous exercise of other power not granted by the same .compacts, the States who are parties thereto have a right and are in duty bound to interpose, for arresting the progress of the evil, and for maintaining within their respective limits the authorities, rights, and liberties appertaining to them." " It is said, that Congress are, by the consti- tution, to protect each State against invasion, and that the means of preventing are included in the power of protection against it." " The power of war in general having been before granted by the constitution, this clause must either be a mere specification, for greater caution and certainty, of which there are other examples in the constitution, or be the injunc- tion of a duty, superadded to a grant of power. Under either explanation, it cannot enlarge the powers of Congress on the subject. The power and duty to protect each State against an in- vading enemy would be the same, under the general powers, if this regard to greater caution had been omitted." " Invasion is an operation of war. To protect against invasion is an exercise of the power of war. A power, therefore, not incident to war, cannot be incident to a particular modification of war. And as the removal of alien friends has appeared to be no incident to a general state of war, it cannot be incident to a par- tial state, or to a particular modification of war." " Nor can it ever be granted, that a power to act on a case, when it actually occurs, includes a power over all the means that may tend to prevent the occurrence of the case. Such a latitude of construction would render una- vailing every practicable definition of limited powers."* If the observations which I have made, are founded on truth, and justified by the constitu- tion, the following positions are established, viz. : That the United States have no right to call on the several States for militia to perform any act of war, but to repel invasion. That to defend the ports and harbors of Massachusetts and Rhode Island, the purpose for which the militia was required in 1813, is not within the power delegated by the consti- tution to provide for calling forth the militia to repel invasion. In the case aUnded to in 1812, it was not declared by the President, nor even pretended by his officers, that any invasion was made. In fact, no invasion was attempted until two years after tliis time. If the United States had no authority to make the requisition, the governor would have betrayed his duty to the State, in complying with the demand. That the United States had no such authority, I think evident from the examination that has been made of the powers delegated by the con- stitution. And the State of Massachusetts, in- stead of being a just object of censm-e, by the United States, has a well-founded complaint against their government, for an attempt to usurp her rights and invade her prerogative. * See proceedings in the House of Delegates of Virginia, on the 7th January, 1800, on the resolutions of the Genera] Assembly of December 21st, 1T98. SPEECH ON DIRECT TAXATION. 421 A question has sometimes been suggested, whether the governor of a State has a right to judge if the requisition be within the provisions of the constitution. A little reflection on the nature of the Government of the United States, and of a State, and of the relation in which the supreme executive of the latter stands to the United States, and to the citizens of his particu- lar State, will show that he is obliged to exam- ine, if the case for which the requisition is made, be within the provisions of the constitu- tion, and if the purposes for which it is declared are manifestly not within the powers delegated by that instrument, to withhold a compliance. The government of the United States can exercise no powers not granted by the consti- tution ; and so far as this government can sup- port such as it claims on this charter, it is sovereign, and has no other control than its own discretion. The government of the several States is equally sovereign with respect to every power of an independent State, which it has not dele- gated by the same instrument to the United States, or which is not thereby prohibited to the several States. It is, also, a sacred duty of the governments of the several States, to pre- serve unimpaired every right and authority retained by the State, either in its corporate capacity, or for its individual citizens. Whether the militia, the peculiar force of the several States, and that which is to protect and defend every right and power they possess, is called forth by the United States according to the provisions which they made, in delegating to tills government its powers, must of necessity be a question between two sovereign independ- ent governments, and on which there is no tribunal authorized to judge between them. And if the governors, who are commanders-in- chief of the mUitia of the several States, should surrender this force to the United States, in a case not authorized by the constitution, they would betray the trust confided to them by the citizens of their States. They must, therefore, examine the case when called upon, and decide according to their duty as prescribed by the Constitution of the United States, and that of their particular State shall demand. General Gushing, while superintendent of the military district in which Massachusetts is situ- ated, informed Governor Strong that he ex- pected an order from the President of the United States, to request a detachment of mili- tia for the defence of the sea-coast, and particu- larly of Boston. That he had not more troops than sufficient to man one of the forts, and pro- posed that one should be occupied by the mili- tia, and that, while out, they should be subject to the command of no officer of the United States, except the superintendent of the district. The governor acceded to the proposal. General Dearborn shortly after superseded General Gushing, and on the 8th of July, by order of the President, and in confirmation of the expectation of Brigadier-General Oushing, requested a detachment of eleven hundred mili- tia to occupy the fort and harbor of Boston. Governor Strong, although under no consti- tutional obligation to call forth the militia for the purposes required, yet seeing the forlorn condition of the country, the vast jiroperty of the United States in the navy yard, a ship-of- the-line nearly completed, and a frigate all abandoned by the government to the mercy of the enemy — at the same time that these ofiered to him great temptations to attack and destroy the capital of the State and its environs — and feeling authorized by the resolution of the legis- lature of Massachusetts, detached the militia, in confidence that the agreement made with Gen- eral Gushing would be fulfilled. At the end of their term of service, these men were ofiered an uncurrent and depreciated pa- per, as their only compensation. In the beginning of September, General Dear- born notified the governor that the enemy had taken possession of a considerable part of the State of Massachusetts, and requested a detach- ment of the militia, for the purpose of protect- ing and defending such parts of that State, and New Hampshire, as were not in the occupation of the enemy. Such complaints and objections had arisen in executing the order of July, that the gover- nor, although he issued an order for troops, found himself obliged to place the detachment under the command of a major-general of the militia. The governor immediately addressed a letter to the Secretary of State, requesting to know from the President if the expenses, thus neces- sarily incurred for the protection of the State, would be ultimately reimbursed to that State by the United States. The answer was, that if the force thus put into service by the governor had been required by General Dearborn, or received by him, and put under his command, the expenses attending it would be defrayed by the United States. If otherwise, in either of these particulars, the United States were not chargeable with the expense. Here is a distinct and plain case, in which the United States had neglected that protection which they were expressly bound to afibrd the State, and thereby occasioned the loss of a fifth part of its territory ;* and then called upon the State itself to protect the remaining territory. The State obeyed the call, and reserved only that right which the constitution, in express terms, reserved, viz., the appointment of ofBcers to command the militia required; and the United States say this expense must be borne by the State, and that they will not reimburse the amount, because the militia is not placed * There were, at the attack and capture of Castine, twenty- eight men and a Lieutenant in the fort. This was all the protection for one of the most important harbors and rivers of the United States, and affording the best situation for t naval depot for Great Britain. 122 OHEISTOPHER GOEE. under the command of an officer of. tlie United States. * For this act of injustice, for this neglect of duty in the United States towards the State of Massachusetts, for this abandonment of terri- tory to the violence of the enemy, I have never heard the smallest apology. I forbear to mention the rights of the State, the necessity to which this wanton abandon- ment by those who ought to protect them may reduce the inhabitants. The laws of self-pre- servation and of nature, confirmed by that of nations, affiard the rule for any member of a confederacy thus deserted and forsaken. I most earnestly hope, that although cruelly deserted by the government, which contrary to their entreaties brought them into this perilous condition, that citizens of the country may be able to defend themselves. They will do all that men can do under their circumstances. But I am confident, that if this tax be collected there, and paid into the Treasury of the United States, for the exclusive support and defence of others, they will be destitute of the means of making any adequate resistance. I cannot, therefore, vote for this biU. The present year the Commonwealth has ex- pended more than $700,000 in her own defence. * In the military district, No. 1, which included New Hampshire and Massachusetts, there were less than one thousand three hundred men. These were scattered over an extensive tract of country. In the forfB in Boston harhor, there were not ti^o hundred and sixty men, and in the other forte in the State a very small corps, inadequate to any de- fence. There was, however, a major-general, a brigadler- a^narii, and several colonels. In no one place were there aiea e»ou£h to constitute a coloners command. She is now called on by this bill for $632,041 to defend other parts of the territory of ths United States, and her citizens, more exposed than any other, are left to provide for their own defence. They who calculated on the ability of Massa- chusetts to pay, from the exactness and punctu- ality which she has heretofore observed in the discharge of taxes, will recollect, that her faculty to meet the demands of the Treasury, even in times the most prosperous, arose princi pally from the daring enterprise, unrivalled in dustry, and rigid economy of the inhabitants that her resources are now annihilated, and she is borne down by obloquy, insult, and oppres sion. They who have observed the patience where- with she has submitted to see the public treasure squandered, to purchase slanders against her citizens, and notwithstanding a complete failure by the full confession of the hireling, that these citizens were so far beyond all temptation as not even to be approached for dishonorable purposes, has been subject to the most de- grading insinuations, from the first authority ; who have witnessed all the resources of her wealth, all the means of her industry, the ob- ject of unabating persecution from the govern- ment, and her possessions coldly and expressly abandoned, by the same authority, to the depre- dations and seizure of the enemy, may conceive that taxes like these will stiU be paid for the exclusive protection of others; but if gentle- men wUl only condescend to view the people of this country as their brethren, as freemen, as men, they must come to the conclusion that, had they the means, they could not possibly have the will. RED JACKET. Sa-go-yb-wat-ha, or ne-Tceepa-them-awake, * " the last of the Senecas," is said to have heen bi rn at a place called Old Oastle, at the foot of the Seneca Lake, near the present lovely villaga of Geneva. His early history exists only in tradition, which says, "that at the age of seven- teen, his abilities, especially his activity in the chase, and his remarkably tenacious memory, attracted the esteem and admiration of his tribe, and he was frequently employed during the war of the Kevolution, as a runner, to carry despatches," for the British officers who were en- gaged on the border service. " In that contest," says the author above quoted, "he took little or no part as a warrior ; and it would appear that, like his celebrated predecessors in rhetorical fame, Demosthenes and Oicero, he better understood how to rouse his countrymen to war than to lead them to victory." Some incidents relating to his slender military career during the in- vasion of the Genesee country by General Sullivan, account for the reputation he bore for cow- ardice, and the enmity and contempt he experienced from the Mohawk chief Brant. After the battle of Newtown, which was so disastrous to the Indians, Red Jacket was accustomed to hold private councils with the young warriors, and some of the more timid sachems, the object of which was to persuade them to sue for peace, and at one time he so far succeeded as to induce them to send privately, and without the knowledge of the principal war chiefs, a runner intij General Sullivan's camp', to make known to him the spirit of dissatisfaction and division that prevailed among the Indians, and to invite him to send a flag of truce with certtiin propositions calculated to increase their divisions and produce a dishonorable peace. Brant, who was pri- vately informed of aU these proceedings, and fearing the consequences of disclosing and attempt- ing to suppress them by forcible means, despatched secretly two confidential warriors to way- lay the flag on its return from the American camp, and to put the bearer of it to death, and return with his despatches. This was done with true Indian adroitness, and the purposes of the Seneca chief were thereby frustrated, t During the same campaign an attempt was made by Oornplanter, to oppose General SuUivan's forces on the beach of the Oanandaigua lake. " On the approach of the Americans, a small number of the Indians, among whom was Bed Jacket, began to retreat. Oornplanter exerted himself to rally them. He sprang in front of Red Jacket and endeavored to persuade him to fight — ^but in vain. Whereupon the indignant chief, turning to the young wife of the recreant warrior, exclaimed — 'Leave that man — he is a coward.' " | * His name of " Bed Jacket," by whicli he was so long familiarly known among the white people, is said to have been acquired in the following manner : During the war just mentioned, his activity and intelligence attracted the attention of several officers in the service of the British crown, and acquired for him their friendship. One of them, either as a com- pliment, or for services rendered, " presented him with a richly embroidered scarlet jacket, which he took great pride in wearing. When this was worn out, he was presented with another ; and he continued to wear this peculiar dress until it became a mark of distinction, and gave him the name by which he was afterward best known. At the treaty of 1794, held at Oanandaigua, Oaptain Parish, one of the interpreters in the service of the United States, gave him another red jacket, to ' perpetuate the name to which he was so much attached.' "— Sketch of Bed Jacket, in M>Kmmeifs Indian Biography. t Life of Joseph Brant, by William L. StOBO, vol. 2, page 35. t History of the Indian Tribes of North America, &o., ly Thcmas L. M'Kenne ■ and .fames Hall vol. 1, page 4. t24 BED JACKET. From this period until the treaty of Fort Stanwix, in the year 1784, the history of Red Jacket is lost. At what time he attained his chieftainship is not known. The Sii Kations were lovers of eloquence and cultivators of that art.* Bed Jacket's intellect was of a superior order. He was an orator by nature, and, moreover, as artful and ambitious as he was eloquent. As- piring to the rank of a chief, he not only wrought upon the minds of his people by the exertion of that faculty, which was ever with them a high standard of merit, but he succeeded in avail- ing himself of the superstitious constitution of his race, to effect his purpose. His first essay was to dream that he was, or should be a chief, and that tlio Great Spirit was angry that his nation had not advanced him to that dignity. This dream, with the necessary variations, was repeated, until, fortunately for him the smaU-pox broke out among the Senecas. He then pro- claimed the loathsome infliction a judgment sent by the Great Spirit, to punish them for their ingratitude to him. The consequence was, that by administering flattery to some, and working upon the superstitious fears of others, and by awakening the admiration of all by his eloquence, he reached the goal of his ambition. Hence his appearance in the council at Fort Stanwix. On that occasion he was opposed to the treaty of peace, unless the several tribes not included in the Six Nations, might be invited to join the council. His speech on that occasion is charac- terized, "as a master-piece of oratory," and it has been asserted that every warrior present was carried away by his eloquence. But the commissioners would not listen to such a proposition ; and Oornplanter, who was an old and wise man, though less eloquent than Red Jacket, suc- ceeded in giving a favorable termination to the negotiation.t Cornplanter's agency in the treaty operated unfavorably upon his character, and weakened hin influence with his tribe. Aware that Red Jacket was taking advantage of this circumstance to elevate himself in the estimation of his people, he resolved on counteracting him. For this purpose he ordained one of his brothers a prophet, and set him at work to pow-wow against his rival and his followers. A council was held at Buffalo Creek, New York, and Red Jacket was assailed in the midst of the tribe, by all those arts that are known to be so powerful over the srfperstition of the Indian. " At this crisis," says De Witt Clinton, " Red Jacket well knew that the future color of his life depended upon the powers of his mind. He spoke in his defence for near three hours — ^the iron brow of superstition relented under the magic of his eloquence. He declared the prophet an impostor and a cheat — he prevailed — ^the Indians divided, and a small majority appeared in his favor. Perhaps the annals of history cannot furnish a more conspicu- ous instance of the power and triumph of oratory in a barbarous nation, devoted to superstition, and looking up lo the accuser as a delegated minister of the Almighty." In the war of 1812, Red Jacket was disposed to remain neutral, but being overruled by his tribe, engaged in the cause of the Americans, in consequence of an argument which occurred to him, that, "if the British succeed, they will take our country from us; if the Americans drive them back, they wiU claim our land by right of conquest." His career in that contest redeemed his character from those charges of weakness and cowardice, which had been bestowed upon it during his early years. Opposed to war, not ambitious of martial fame, and unskilled in mili- tary affairs, he went to battle from principle, and met its perils with the spirit of a veteran warrior, while he shrunk from its cruelties with the sensibility of a man and a philosopher. Several interesting anecdotes, which illustrate the character and eloquence of Red Jacket, are preserved in M'Kenney and Hall's valuable work before referred to, from which the follow- ing are extracted : — In a council which was held with the Senecas by Governor Tompkins, of New York, a contest arose between that gentleman and Red Jacket, as to a fact connected with a treaty of many years standing. The American agent stated one thing, the Indian chief cor- rected him, and insisted that the reverse of his assertion was true. But, it was rejoined, " you • The most remarkable difference existed between the Confederates [Six Nations] and the other Indians, with respect to eloquence. You may search in vain the records and writings of the past, or in the events of the present times, for a single model of eloquence among the Algonquins, the Delawares, the Bhawanese, or any other nation of Indians, except the Iroquois. The few scintillations of intellectual light, the faint glimmerings of genius, which are sometimes to be found in their speeches, are evidently derivative, and borrowed from the Confederates. — De Witt CUmton : Life and Tixiee 01 Jied Jacket ; page 25. t Life of Joseph Bri-iut : and the Life and Times of Ked Jacket, by William L. Stone. RED JACKET. i25 have forgotten — we have it written down on paper." "The paper, then, tells a lie," was the confi- dent answer; "I have it written here," continued the chief, placing his hand with great dignity upon his hrow. " You Yankees are born with a feather between your fingers ; but your paper does not speak the truth. The Indian keeps his knowledge here — this is the book the Great Spirit gave us — it does not lie ! " A reference was made to the treaty in question, which con- firmed every word he had uttered. Lafayette was present at the treaty of Fort Stanwix, in 1TS4, and noticed the young warrior, " who declared that when an alliance was entered into with America, he should consider the Bun of his country had set for ever." In his travels through the Indian country, when last in America, it happened at a large assemblage of chiefs, that he referred to the treaty in question, and turning to Red Jacket, said, "pray tell me, if you can, what has become of that daring youth who so decidedly opposed all our propositions for peace and amity ! Does he still live, and what Is his condition ? " " I, myself, am the man," replied Bed Jacket, "the decided enemy of the Americans, so long as the hope of opposing them successfully remained, fit now their true and faithful ally until death." Red Jacket was an implacable opponent to Christianity and its teachers. Yet he manifested a better disposition towards the Quakers, who had exercised a watchful guardianship over the Alleghany clan of the Senecas, almost from the signing of the treaty of 1783, by means of boards of visitors and resident agents. To them he made an earnest appeal for assistance, or for the exertion of their' influence in keeping the missionaries at a distance. On being questioned why he was so much opposed to the missionaries, after a brief pause, he replied : " Because they do us no good. If they are not useful to the white people, why do they send them among the In- dians ? If they are useful to the white people, and (jO them good, why do they not keep them at home ? They are surely bad enough to need the labor of every one who can make them bet- ter. These men know we do not understand their religion. We cannot read their book — ^they tell us different stories about what it contains, and we believe they make the book talk to suit themselves. If we had no money, no land, and no country to be cheated out of, these black- coats would not trouble themselves about our good hereafter. The Great Spirit will not punish us for what we do not know. He will do justice to his red children. These black-coats talk to the Great Spirit, and ask for light, that we may see as they do, when they are blind themselves, and quarrel about the light which guides them. These things we do not understand, and the light they give us makes the straight and plain path trod by our fathers dark and dreary. The black-coats tell us to work and raise corn ; they do nothing themselves, and would starve to death if somebody did not tec} them. All they do is to pray to the Great Spirit ; but that will not make corn or potatoes grow; if it Will, why do they beg from us and. from the white peo- ple ? The red men knew nothing of trouble until it came from the white men ; as soon as they crossed the great waters they wanted our country, and in return have always been ready to teach us to quarrel about their religion. Red Jacket can never be the friend of such men. The Indians can never be civilized — they are not like white men. If they were raised among the white people, and learned to work, and to read as they do, it would only make their situations worse. They would be treated no better than negroes. We are few and weak, but may for a long time be happy if we hold fast to our country and the religion of our fathers ! " * The chief object of the life of Red Jacket was to preserve the independence of his people. His opposition to Christianity, to the education and civilization of his tribe, he maintained till his death. This took place on the twentieth of January, 1830. For some tune previous, fully ■sensible of his approaching dissolution, he conversed on the subject with philosophic calmness. He visited successively all his most intimate friends at their cabins, and talked with them upon the condition of their nation, in the most impressive and affecting manner. He told them that he was passing away, and his counsels would be heard no more. He ran over the history of his people from the most remote period to which his knowledge extended, and pointed out, as few could, the wrongs, the privations, and the loss of character, which almost of themsolvei * Colonel M'Kenney's Indian Biography. t26 BED JAOKET. constituted that history. " I am about to leave you," he said, " and when I am gone, and my warnings shall be no longer heard or regarded, the craft and avarice of the white man will pre- vail. Many winters have I breasted the storm ; but I am an aged tree, and can stand no longer. My leaves are fallen, my branches are withered, and I am shaken by every breeze. Soon my aged trunk will be prostrate, and the foot of the exulting foe of the Indian may be placed upon it in safety ; for I have none who wiU be able to avenge such an indignity. Think not I mourn for myself. I go to join the spirits of my fathers, where age cannot come ; but my heart fails when I think of my people, who are so soon to be scattered and forgotten." These several inter- views were all concluded with particular instructions respecting his domestic affairs and his funeral. "Bury me," said he, "by the side of my former wife; and let my funeral be accord- ing to the customs of our nation. Let me be dressed and equipped as my fathers were, that their spirits may rejoice at my coming. Be sure that my grave be not made by a white man; let them not pursue me there." * REPLY TO SAMUEL DEXTER. A succession of outrages upon the Indians residing along the Pennsylvania border, result- ing at different times in the murder of several of their Jeople, induced the Senecas and Tus- caroras in February, 1801, to send a deputa- tion of their chiefs to the seat of the Federal Government, which, since the last Seneca em- bassage, had been transferred from Philadel- phia to the City of Washington. Eed Jacket was at the head of this deputation, which was received formally, with an appropriajte speech, by the acting Secretary at War, Samuel Dexter, on the 10th of February. On the 11th, Red Jacket replied, setting forth the business of his mission in the following speech : Beothbe : We yesterday received your speech, which removed all uneasiness from our minds. We then told you that should it please the Great Spirit to permit us to rise in health this day, you should hear what we have come to say. Beothee: The business on- which we are now come, is to restore the friendship that has existed between the United States and the Six Nations, agreeably to the direction of the com- missioner from the fifteen fires of the United States. He assured us that whensoever, by any grievances, the chain of friendship should he- come rusty, we might have it brightened by calling on you. We dispense with the usual formality of having your speech again read, as we fully comprehended it yesterday, and it would therefore be useless to waste time in a repeti- tion of it. Bbothee: Yesterday you wiped the tears from our eyes, that we might see clearly ; you * Sketch of Eed Jacket in M'Kenney's Indiaa Biogra- phy. unstopped our ears that we might hear ; and removed the obstructions from our throats that we might speak distinctly. Ton offered to join with us in tearing up the largest pine tree in our forests, and under it to bury the tomahawk. We gladly join with you, brother, in this work, and let us heap rocks and stones on the root of this tree, that the tomahawk may never again be found. Beothbe : Tour apology for not having wam- pum is suflScient, and we agree to accept of your speeches on paper, to evince our sincerity in wishing the tomahawk for ever buried. We accompany a repetition of our assurances with these strings. [Strings of Wampum.'] Beothee : We always desire, on similar mel- ancholy occasions, to go through our customa- ry forms of condolence, and have been happy to find the officers of the government of the United States willing in this manner to make our minds easy. Beothee : We observe that the men now in office are new men, and, we fear, not fully in- formed of all that has befallen us. In 1791, a treaty was held by the commissioners of Con- gress with us at Tioga Point, on a similar oc- casion. We have lost seven of our warriors, murdered in cold blood by white men, since the conclusion of the war. We are tired of this mighty grievance, and wish some general arrangement to prevent it in future. The first of these was murdered on the banks of the Ohio, near Fort Pitt. Shortly after, two men belonging to our first families, were murdered at Pine Greek; then one at Fort Franklin; another at Tioga Point ; and now the two that occasion this visit, on the Big Beaver. These last two had families. The one was a Seneca ; the other a Tuscarora. Their families are now destitute of support; and we think that the United States should do something toward their support, as it is to the United States they owe the loss of their heads. DEFENCE OF STIFF-ARMED GEORGE. 427 Bbotheb: These offences are always com- mitted in one place on the frontier of Pennsyl- vania. In the Genesee country we live happy, and no one molests us. I must, therefore, beg that the President will exert all his influence with all oflicers, civil and military, in' that quarter, to remedy this grievance, and trust that he will thus prevent a repetition of it, and save our blood from being spilled in future. [A Belt] Beothbe : Let me call to mind the treaty between the United States and the Six Nations, concluded at Oanandaigua. At that treaty, Ool. Pickering, who was commissioner on be- half of the United States, agreed that the Uni- ted States should pay to the Six Nations four thousand five hundred dollars per annum, and that this should pass through the hands of the superintendent of the United States, to be ap- pointed for that purpose. This treaty was made in the name of the President of the United States, who was then General Wash- ington ; and as he is now no more, perhaps the present President would wish to renew the treaty. But if he should think the old one valid, and is wUling to let it remain in force, we are also willing. The sum above mentioned we wish to have part of in money, to expend in more agricultural tools,, and in purchasing a team, as we have some horses that will do for the purpose. We also wish to buUd a saw-mill on the Buffalo Creek. If the President, how- ever, thinks proper to have it continue as here- tofore, we shall not be very uneasy. Whatever he may do we agree to ; we only suggest this for his consideration. [A Belt.'] Beothbk: I hand you the above-mentioned treaty, made by Colonel Pickering, in the name of General Washington, and the belt that ac- companied it ; as he is now dead, we know not if it is still valid. If not, we wish it renewed — if it is, we wish it copied on clean parchment. Our money got loose in our trunk and tore it. We also show you the belt which is the path of peace between our Six Nations and the United States. [Treaty and two Belts.] Beothbb: a request was forwarded by us from the Onondaga Nation to the Governor of New York, that he should appoint a commis- sioner to hold a treaty with them. They have a reservation surrounded by white men which they wish to sell. The Oayugas, also, have a reservation so surrounded that they have been forced to leave it, and they hope that the Presi- dent's commissioner, whom they expect he will not hesitate to appoint, will be instructed to attend to this business. We also have some business with New York, which we would wish him to attend to. Beothee : The business that has caused this our long journey, was occasioned by some of your bad men : the expense of it has been heavy on us. We beg that as so great a breach has been made on your part, the President wU] judge it proper that the United States should bear our expenses to and from home, and whilst here Beothbe: Three horses belonging to the Tusoarora Nation were killed by some men under the command of Major Rivardi, on the plains of Niagara. They have made application to the superintendent and to Major Rivardi, but get no redress. You make us pay for our breaches of the peace, why should you not pay also? A white man has told us the horsef. were killed by Major Rivardi's orders, whc said they should not be permitted to comt there, although it was an open common on which they were killed. Mr. Chapin has the papers respecting these horses, which we re- quest you to take into consideration.* DEFENCE OF STIFF-ARMED-GEORGE. Some time during the year 1802, John Hew- itt, a white man, was murdered at Buffalo Creek, by Stiff-armed-George, an Indian, who was intoxicated at the time he committed the act. His surrender was demanded by the civil authorities of New York. This demand was resisted, the fact of drunkenness on the part of the offender, being pleaded in extenuation of the crime. After several meetings between the * Mr. Dexter answered the deputation on the 16th, and in the name of the President, (the eider Adams,) promised a thorough investigation into the circumstances of the mur- aers corapiained of, a compiiance with their wishes touching an exchange of certain lands, and payment for the horses killed at Niagara. The expenses of their mission were also directed to be paid.— ^S^ne'e l/lfe of Bed Jacket. Indians and the citizens, in which the latter had vainly attempted to persuade the former to surrender the culprit, a council of 'the prin- cipal chiefs of the Senecas, Cayugas, and Onon- dagas, was convened at Oanandaigua, to give the question a more solemn consideration. A conference having been arranged between the council and the principal inhabitants. Red Jacket, arguing against the surrender upon the principles already indicated, delivered the fol- lowing speech, addressed particularly to the white portion of his audience : Bbothees: Open your ears, and give your attention. This day is appointed by the Great Spirit to meet our friends at this place. During 428 EED JAOKKT. the many years that we have lived together in this country, good will and harmony have sub- sisted among us. Beotiiees: We have now come forward on an unhappy occasion. We cannot find words to express our feelings upon it. One of our people has murdered one of your people. So it has been ordered by the Great Spirit, who controls all events. This has been done : we cannot now help it. At first view it would seem to have the efiect of putting an end to our friendship ; but let us reflect, and put our minds together. Can't we point out measures whereby our peace and harmony may still be preserved? We have come forward to this place, where we have always had a superintendent and friend to receive us, and to make known to him such grievances as lay upon our minds ; but now we have none ; and we have no guardian, — no pro- tector, — no one is now authorized to receive us. Beothees : We, therefore, now call upon you to take our speech in writing, and forward our ideas to the President of the United States. Beothees: Let us look back to our former situation. While you were under the govern- ment of Great Britain, Sir William Johnson was our superintendent, appointed by the king. He had power to settle offences of this kind among aU the Indian nations, without adverting to the laws. But under the British government you were uneasy, — you wanted to change it for a better. General Washington went forward as your leader. From his exertions you gained your independence. Immediately afterward a treaty was made between the United States and the Six Nations, whereby a method was pointed out of redressing such an accident as the pre- sent. Several such accidents did happen, where we were the suflferers. We now crave the same privilege in making restitution to you, that you adopted toward us in a similar situation. Beothees : At the close of our treaty at Phi- ladelphia, General Washington told us that we had formed a chain of friendship which was bright : he hoped it would continue so on our part ; that the United States would be equally willing to brighten it, if rusted by any means. A number of murders have been committed on our people — we shall only mention the last of them. About two years ago, a few of our war- riors were amusing themselves in the woods, to the westward of Fort Pitt; two white men coolly and deliberately took their rifles, trav- elled nearly three miles to our encampment, fired upon the Indians, killed two men and wounded two children. We then were the party injured. What did we do? We flew to the treaty, and thereby obtained redress, per- fectly satisfactory to us, and we hope agreeable to you. This was done a short time before President Adams went out of office : complete peace and harmony was restored. We now want the same method of redress to be pursued. Beothees: How did the present accident take place? Did our warriors go from home BOol and sober, and commit murder on you? No. Our brother was in liquor, and a quarre ensued, in which the unhappy accident hap- pened. We would not excuse him on account of his being in liquor ; but such a thing was far from his intention in his sober moments. We are all extremely grieved at it, and are willing to come forward and have it settled, as crimes of the same nature have heretofore been. Beothees: Since this accident has taken place, we have been informed that, by the laws of this State, if a murder is committed within it, the murderer must be tried by the laws of the State, and punished with death. Beothees : When were such laws explained to us? Did we ever make a treaty with the State of New York, and agree to conform to its laws? No. We are independent of the State of New York. It was the will of the Great Spirit to create us different in color : we have different laws, habits, and customs, from the white people. We shall never consent that the government of this State shall try our brother. We appeal to the government of the United States. Beothees : Under the customs and habits of our forefathers we were a happy people ; we had laws of our own ; they were dear to us. The whites came among us and introduced their customs; they introduced liquor among us, which our forefathers always told us would prove our ruin. Beothees : In consequence of the introduc- tion of liquor among us, numbers of our people were killed. A council was held to consider of a remedy, at which it was agreed by us that no private revenge should take place for any such murder — that it was decreed by the Great Spirit, and that a council should be called to consider of redress to the friends of the de- ceased. Beothees: The President of the United States is called a great man, possessing great power. He may do what he pleases, — he may turn men out of office, — men who held their offices long before he held his. If he can do these things, can he not even control the laws of this State ? Can he not appoint a commis- sioner to come forward to our country and set- tle the present difference, as we, on our part, have heretofore often done to him, upon a sim- ilar occasion ? We now call upon you, Beothees, to repre- sent these things to the President, and we trust that he will not refuse our request of sending a commissioner to us, with powers to settle the present difference. The consequence of a re- fusal may be serious. We are determined that our brother shall not be tried by the laws of the State of New York. Their laws make no difference between a crime committed in liquor, and one committed coolly and deliberately Our laws are different, as we have before sta^ ted. If tried here, our brother must be hanged. We cannot submit to that ; — has a murder been committed upon our people, when was it pun- ished with death ? EEPLY TO MR. ORAM. 429 Beothbks : We have now finished what we had to say on the subject of the murder. We wish to address you upon another, and to have our ideas communicated to the President upon it also. Brothers : It was understood at the treaty concluded by Colonel Pickering, that our su- perintendent should reside in the town of Ca- nandaigua, and for very good reasons: that situation is the most central to the Six Nations; and by subsequent treaties between the State of New Yorli and the Indians, there are still stronger reasons why he should reside here, principally on account of the annuities being stipulated to be paid to our superintendent at this place. These treaties are sacred. If their superintendent resides elsewhere, the State may object to sending their money to him at a greater distance. We would, therefore, wish our superintendent to reside here at all events. Beothees : With regard to the appointment of our present superintendent, we look upon ouselves as much neglected and injured. When General Ohapin and Oaptain Ohapin were ap- pointed, our wishes were consulted upon the occasion, and we most cordially agreed to the anpointments. Oaptain Ohapin has been turned out, however, within these few days. We do not understand that any neglect of duty has been alleged against him. We are told it is because he differs from the President in his sentiments on government matters. He has also been perfectly satisfactory to us ; and had we known of the intention, we should most cordially have united in a petition to the Presi- dent, to continue him in office. We feel our- selves injured— we have nobody to look to — nobody to listen to our complaints — none to reconcile any differences among us. We are like a young family without a father.* Beothees : We understand that the Presi- dent has appointed a superintendent who is altogether unknown to us, and who is unac- quainted with Indian affairs. We know him not in our country. Had we been consulted upon the subject, we might have named some one residing in this country, who was well known to us. Perhaps we might have agreed upon Mr. Oliver Phelps, whose politics, coinci- ding with those of the President, might have recommended him to the office. Beothees : We cannot conclude without again urging you to make known all these our sentiments to the President.t REPLY TO MR. CRAM. In the summer of 1805, a young Missionary named Oram, was sent into the country of the Six Nations, by the Evangelical Missionary Society of Massachusetts, to found a mission among the Seneoas. A council of their chiefs was convoked to hear his propositions. These were made in a short speech, to which the Indians listened with earnest attention. After a long consultation among themselves. Red Jacket rose, and spoke as follows : Feibnd and Beothbb : It was the will of the Great Spirit that we should meet together this day. He oVders all things, and has given us a fine day for our council. He has taken his gar- ment from before the sun, and caused it to shine with brightness upon us. Our eyes are opened, that we see clearly ; our ears are unstopped, that we have been able to hear distinctly the words you have spoken. For all these favors we thank the Great Spirit ; and Him only. Beothee : This council fire was kindled by you. It was at your request that we came to- gether at this time. We have listened with attention to what you have said. You requested us to speak our minds freely. This gives us great joy ; for we now consider that we stand upright before you, and can speak what we think. All have heard your voice, and all speak to you now as one man. Our minds are agreed. Beothee : You say you want an answer to your talk before you leave this place. It is right you should have one, as you are a great distance from home, and we do not wish to de- tain you. But we will first look back a little, and tell you what our fathers have told us, and what we have heard from the white people. Beothee : Listen to what we say. There was a time when our forefathers owned this great island. Their seats extended from the rising to the setting sun. The Great Spirit had made it for the use of Indians. He had created the buffalo, the deer, and other animals * Captain Chapin was removed by President Jelferson, aa here stated. t The eloquent pleadings of the Indians were unavailing They wore compelled to sm'render the offender to the inex- orable law of the white man, though it was done with great reluctance. His name was StiJJ'-armecL-Oeorge. He was tried and convicted at the Oyer and Terminer of Ontario County, on the 28d of February, 1808 — Brockholst Living- ston, one of the justices of the Supreme Court, presiding but as the murder was without pre-existing malice, and was moreover attended by various mitigating circamstanf es, the court, the attorney-general, the grand jury that indicted him, together with many of the people of Canandaigua, united in a petition to the Governor, George Clinton, foi his pardon. — Stone^s lAfe ofjted Jacket, 430 RED JACKET. for food. He had madfe the hear and the heaver. Their skinB served us for clothing. He had scattered them over the country, and taught us how to take them. He had caused the earth to produce corn for bread. All this He had done for his red children, because He loved them. K we had some disputes about our hunt- ing ground, they were generally settled without the shedding of much blood. But an evil day came upon us. Your forefathers crossed the great water, and landed on this island. Their numbers were small. They found friends and not enemies. They told us they had fled from their own country for fear of wicked men, and had come here to enjoy their religion. They asked for a small seat. We took pity on them ; granted their request ; and they sat down, amongst us. "We gave them corn and meat; they gave us poison* in return. The white people, brother, had now found our country. Tidings were carried back, and more came amongst us. Yet we did not fear them. We took them to be friends. They called us brothers. We believed them, and gave them a larger seat. At length their num- bers had greatly increased. They wanted more land ; they wanted our country. Our eyes were opened, and our minds became uneasy. Wars took place. Indians were hired to fight against Indians, and many of our people were destroyed. They also brought strong liquor amongst us. It was strong and powerful, and has slain thou- Beothee : Our seats were once large, and yours were small. You have now become a great people,' and we have scarcely a place left to spread our blankets. Yo: have got our country, but are not satisfied, you want to force your religion upon us. Beothee : Continue to listen. You say that you are sent to instruct us how to worship the Great Spirit agreeably to his mind ; and, if we do not take hold of the religion which you white people teach, we shall be unhappy here- after. You say that you are right, and we are lost. How do we know this to be true ? We understand that your religion is written in a book. If it was intended for us as well as you, why has not the Great Spirit given to us, and not only to us, but why did he not give to our forefathers, the knowledge of that book, with the means of understanding it rightly? We only know what you tell us about it. How shall we ' Bum. know when to believe, being so often deceived by the white people ? Buothbe : You say there is but one way to worship and serve the Great Spirit. If there is but one religion, why do you white people difier so much about it ? Why not aU agreed, as you can all read the book ? Beothbe : We do not understand these things. We are told that your religion was given to your forefathers, and has been handed down from father to son. We also have a religion, which was given to our forefathers, and has been handed down to us, their children. We wor- ship in that way. It teaches us to be thankful for all the favors we receive ; to love each other, and to be united. We never quarrel about religion. Beothee : The Great Spirit has made us all, but He has made a great difference between his white and red children. He has given us dif- ferent complexions and different customs. Tc you He has given the arts. To these He ha« not opened our eyes. We know these things to be true. Since He has made so great a dif- ference between us in other things, why may we not conclude that he has given us a differ- ent religion according to our understanding? The Great Spirit does right. He knows what is best for his children ; we are satisfied. Beothee : We do not wish to destroy your religion, or take it from you. We only want to enjoy our own. Beothee : You say you have not come to get our land or our money, but to enlighten our minds. I will now tell you that I have been at your meetings, and saw you collect money from the meeting. I cannot tell what this money was intended for, but suppose that it was for your minister, and if we should con- form to your way of thinking, perhaps you may want some from us. Beothee : We are told that you have been preaching to the white people in this place. These people are our neighbors. We are ac- quainted with them. We will wait a little while, and see what effect your preaching has upon them. If we find it does them good, makes them honest, and less disposed to cheat Indians, we wUl then consider again of what you have said. Beothee : Yon have now heard our answer to your talk, and this is all we have to say at present. As we are going to part, we will come and take you by the hand, and hope the Great Spirit wUl protect you on your journey, and return you safe to your friends. CRIAH TRACY. This eminent and accomplished statesman was born in the year 1754. His early yo ith was devoted to the acquisition of the rudiments of a liberal education ; and, in 1778, with Joel Bar- low, Noah Webster, Oliver Wolcott, and other distinguished personages, he graduated at Yale College, with a high reputation for eloquence and erudition. Directing his attention to the profession of the law, by the strength of his talents and a rigid devotion to business, he soon rose to eminence and acquired a lucrative practice. From this period of his life until his election to the lower House of Congress, in 1793, little is known of him. In the autumn of 1796, he was elected to the United States Senate, and on takmg his seat in that assembly, at oice became a distinguished and important member, admired by his political friends and respected by his opponents. Joseph Hopkinson, himself one of the ablest associates of Mr. Tracy, thus speaks of the " members from New England," who were in the habit of spending their evenings at his house. " When I mention such names as EUsworth, Ames, Griswold, Goodrich, Tracy and others, you may imagine what a rich and intellectual society it was. I will not say that we have no such now, but I don't know where they are." * In wit and humor, Mr. Tracy was unrivalled, and his sarcasm was alike dreaded in the Senate chamber and the drawing-room. An anecdote of his sarcastic power is preserved, alike commemorative of the beauty and brilliancy of the circle in which he moved,- and his own peculiar wit. " Mr. Liston, who succeeded Mr. Hammond as British Minister at Philadelphia, and who was thoroughly English in his ideas, on one occasion i-emarked to Mr. Tracy — ' Your countrywoman, would be admired even at St. James's.' ' Sir,' retorted the Senator from Con- necticut, ' she is admired even on Litchfield HiU.' " t The speeches of Mr. Tracy, while a member of the Congress, were sometimes perhaps tinc- tured with severity ; but the ardor of debate, the rapidity of his ideas, and the impetuosity of his eloquence always constituted an apology. He was firmly attached to the administration of John Adams, the principles of which he ever advocated and sustained. Among the many inci- dents that have been related, illustrating his political career, is the following. " Toward the latter part of Adams's administration, the latter nominated to office a connection' of his family, by the name of Johnson, formerly a federalist, but recently turned democrat. This was offen- sive to the federalists, and Tracy, then of the Senate, being regarded as a skilful diplomat, was * Memoirs of the Administration of Waahington and John Adams, by George Gibbs. t The vicinity of the residence of Oliver Wolcott : — At the time of Mr. Tracy's residence in Philadelphia, a society existed there, marked by every characteristic which could recommend it to fine of a cultivated mind and a social disposi- tion, embracing much of the genius, the worth, and no little of the wit and beauty of the country. Of this society two members of the family of Oliver Wolcott, his younger sister and his wife, were themselves no inconspicuous ornaments. The former, married to Chauneey Goodrich, was distinguished for her personal beauty and brilliant conversation ; Mrs. Wolcott, with less beauty had still a countenance of much loveliness, and manners graceful and dignified. To the most feminine gentleness of disposition, she added sound sense, and that kind of cultivation which is acquired in intercourse with thinkers. Both belonged to a class of women of whom Connecticut could then boast many, whose minds were formed, and habits of reflection directed by men ; and without coming within the category of female politicians, they had been almost from childhood familiar with questions of public and general interest. — Adnwnintrationa of Woi/uhigton and John Adams. 432 URIAH TEAOY. appointed to go and remonstrate witli the President. He accordingly went, and having put his Excellency in excellent humor, by some of his best stories, at last said — " By the way, we have been thinking over this nomination of Johnson, and find there is a good deal of objection to him. The democrats will oppose him, because you nominated him ; and some of the federalists will oppose him, because he is a democrat. We fear that if he goes to a vote, he will fail of a confirmation. As it would be unfortunate, just now, to have the administration defeated, your friends have requested me to suggest to your Excellency whether it would not be best to withdraw his name and substitute another ? " The President thrust his hands into his breeches pockets, and strode fiercely across the "room : then coming up to Tracy, he said — " Ko, sir, no — that Boston Junto will never be satisfied till they drive me and my family back to Braintree to dig potatoes. No, sir — I'll not with- draw it ! " * During the latter years of Mr. Tracy's life he experienced frequent and severe illness. In the spring of the year 1807, while in a feeble state of health, he exposed himself in attend- ing the funeral of Abraham Baldwin, his former fellow-student and colleague in the Senate. Rapidly declining, he died at "Washington, on the nineteenth of July, 1807. His death was deeply deplored, and fropa the useful talents he possessed, was justly considered a national loss.t AMENDMENT OF THE CONSTITUTION. The following speech on a proposed amend- ment of the Constitution of the United States, relative to the mode of electing the President and Vice-President, was delivered by Mr. Tracy, in the United States Senate, on the second day of December, 1802. Me. Peesideht: I moved an adjournment, because I thought a more full and fair discus- sion was due to this important question, than could be had after this late hour. The merits have never, until now, been be- fore us, for although considerable time has been consumed in debate, it has chiefly been directed to the subordinate amendments, and not to the main resolution. But since the Senate have refused to adjourn, I will now ofier some ob- servations on the merits, in doing which, I will study brevity, as much as the importance of the subject will 'permit. I shall attempt to prove, sir, that the resolu- tion, I before us, contains principles which have * EecoUecUons of a Lifetime, by S. G. Goodrich, vol. 2, page 92. t See New York EveniDg Post, 1807. X The resolution was as follows : Hesolved, By the Senate and House of Eepresentatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that in lieu of the third paragraph of the first section of the second article of the Constitution of the tTuited States, the following be proposed as an amendment to tho Constitution of the United States, which, when rati- fied by three-fourths of the legislatures of the several States, shall be valid to all intents and purposes, as part of the said conatitntion. to wit: a manifest tendency to deprive the small States of an important right, secured to them by a solemn and constitutional compact, and to vest an overwhelming power in the great States. And, further, I shall attempt to show, that in many other points the resolution is ob- jectionable, and for a variety of causes, ought not to be adopted. As I shall be obliged, in delineating the main features of this resolution, to mention the great States in the Union as objects of jealousy, I wish it to be understood, that no special stigma is intended. "Man is man," was the maxim expressed, in an early part of this debate, by the gentleman from South Carolina, Mr. Butler, and, in application to the subject of govern- ment, the maxim is worthy to be written in letters of gold. Yes, sir, "man is man," and the melancholy truth, that he is always imper- fect and frequently wicked, induces- ijs to fear his power, and guard against his rapacity, by the establishment and preservation of laws, and well regulated constitutions of government. The electors shall meet In their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with them- selves ; they shall name in their ballots, the person voted for as President, and in distinct ballots the person voted for ns Yice-President, and they shall make distinct lists of all per- sons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government 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 AMENDMENT OF THE CONSTITUTION. 433 Man, wlien connected with very many of his fellow -men, in a great. State, derives power from the circumstance of this numerous combi- nation; and from every circumstance, which clothes him with additional power, he will gen- erally derive some additional force to his pas- sions. Having premised this, I shall not deem it requisite to make any apology, when I attempt to excite the attention, the vigilance, and even the jealousy of the small, in reference to the conduct of the great States. The caution is meant to apply against the imperfections and passions of man, generally, and not agai.nst any State, or description of men, particularly. Mr. Tracy here made some observations ex- planatory of his meaning, when he used the words small and great, as applicable to States. It wiU be recollected, that, in the. various turns which this debate has taken, gentlemen have repeatedly said, that the constitution was formed for the people, that the good of the whole was its object, that nothing was disoern- 'ble in it like a contest of States, nothing like jealousy of small States against the great ; and although such distinctions and jealousies might have existed under the first confederation ; yet they could have no existence under the last. And one gentleman, Mr. Smith, of Maryland, lias said, that he has been a member of this government ten years, and has heard nothing of great and small States, as in the least affect- ing the operations of government, or the feel- ings of those who administer it. Propriety, therefore, requires, that we attentively examine the constitution itself, not only to obtain cor- rect ideas upon these observations, so repeated- ly urged ; but to place, in the proper light, the operations and effects of the resolution in de- bate. If we attend to the constitution, we shall The person having the greatest number of votes for Presi- dent, shall be the President, if such number be a majority of the whole number of electors appointed ; and if no per- son have such majority, then from the persons having the highest numbers, not exceeding three on the list of those voted for as President, the House of Kepresentatives shall choose immediately, by ballot, the President. But in choos- ing the President, the votes shall be taken by States, the representation from each State having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States must be necessary to a choice. The person having the greatest number of votes as Vice- President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest num- bers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole num- ber shall bo necessary to a choice. But no person constitu- Monally ineligible ti tho office of President, shall be eligible .'► that of Vice-President of the United States. 98 immediately find evident marks of concession and compromise ; and that the parties to these concessions were the great and small States. And the members of the convention who formed the instrument, have, in private infor- mation and public communications, united in the declaration, that the constitution was the result of concession and compromise between the great and small States. In this examina- tion of the constitution, it will be impossible to keep out of view our political relations under the first confederation. We primarily united upon the footing of complete State equality ; each State had one, and no State had more than one vote in the federal council or Congress. With such a confederation we successfully waged war, and became an independent nation. When we were relieved from the pressure of war, that confederation, both in structure and power, was found inadequate to the purposes for which it was established. Under these cir- cumstances, the States, by their convention, entered into a new agreement, upon principles better adapted to promote their mu oual security and happiness. But this last agreement, or Constitution, under which we are now united, was manifestly carved out of the first confede- ration. The small States adhered tenaciously to the principles of State equality, and gave up only a part of this federative principle, com- plete State equality, and that with evident cau- tion and reluctance. To this federative princi- ple they were attached by habit ; and their attachment was sanctioned and corroborated by the example of most, if not all the ancient and the modern confederacies. And when the great States claimed a weight in the councils of the nation proportionate to their numbers and wealth, the novelty of the claim, as well as its obvious tendency to reduce the sover- eignty of the small States, must have produced serious obstacles to its admission. Hence it is, that we find in the constitution but one entire departure from the federal principle. The House of Representatives is established npon the popular principle and given to numbers and wealth, or to the great States, which, in this view of the subject are synonymous. It was thought by the convention, that a consolidation of the States into one simple republic, would be improper : and the local feelings and jeal- ousies of all, but more especially cif the small States, rendered a consolidation impracticable. The Senate, who have the power of a legislative check upon the House of Representatives, and many other extensive and important powers, is preserved as an entire federative feature of government, as it was enjoyed by the sma^' States, under the first confederacy. In the article which obliges the electors of President to vote for one person not an inhabi- tant of the same State with themselves, is dis- covered State jealousy. In the majorities re- quired for many purposes by the constitution, although there were other motives for the reg ulations, yet the jealousy of the small States is i84 URIAH TRACY. clearly discernible. Indeed, sir, if we peruse the constitution with attention, we shall find the small States are perpetually guarding the federative principle, that is. State equality : and this, in every~part of it, except in the choice of the House of Representatives, and in their ordinary legislative proceedings. They go so far as to prohibit any amendment which may affect the equality of States in the Senate. This is guarding against almost an impossi- bility; because the Senators of small States must he criminally remiss in their attendance, and the legislatures extremely off their guard, if they permit such alterations, which aim at their own existence. But lest some accident, some unaccountable blindness or perfidy should put in jeopardy the federative principle in the Senate, they totally and for ever prohibit all attempts at such a measure. In the choice of President, the mutual cau- tion and concession of the great and small States, is, if possible, more conspicuous than in any other part of tlie constitution. He is to be chosen by electors appointed as the State legislatures shall direct, not according to num- bers entirely, but adding two electors in each State as representatives of State sovereignty. Thus Delaware obtains three votes for Presi- dent, whereas she could have but one in right of numbers. Yet, mixed as this mode of choice is, with both popular and federative principles, we see the small States watching its motions and circumscribing it to one attempt only ; and on failure of an electoral choice, they instantly seize upon the right of a federal election, and select from the candidates a President, by States, and not by numbers. In confirmation of my assertion, that this part of the constitu- tion was peculiarly the effect of compromise between the great and small States, permit me to quote an authority, which will certainly have great weight, not only in the Senate, but through the IJnion, I mean that of the present Secretary of State, Mr. Madison, who was a leading member of the federal convention who formed, and of the Virginia convention, who adopted the constitution. In the Debates of the Virginia Convention, volume three, page seventy-seven, he says, speaking of the mode of electing the President, "As to the eventual voting by States, it has my approbation. The lesser States and some larger States will be generally pleased by that mode. The deputies from the small States argued, and there is some force in their reasoning, that when the people voted, the large States evidently had the ad- vantage over the rest, and without varying the mode, the interests of the little States might be neglected or sacrificed. Here is a compromise. For, in the eventual election, the small States will have the advantage." After this view of the constitution, let us inquire, what is the direct object of the pro- posed alteration in the choice of President? To render more practicable and certain the ehoice by electors : and for this reason ; that the people at large, or, in other words, that the great States, ought to have more weight and influence in the choice ; that it should be brought nearer to the popular, and carried further from the federative principle. This claim, we find was made at the formation of the constitution. The great States naturally wished for a populai choice of first magistrate : this mode was sane tioned by the example of many of the States, in the choice of governor. The small States claimed a choice on the federative principle, by the legislatures, and to vote by States : analo- gies and examples were not wanting to sanc- tion this mode of election. A consideration of the weight and influence of a President of this Union, must have multiplied the difficulties of agreeing upon the mode of choice. But, as I have before said, by mutual concession, they agreed upon the present mode, combining both principles and dividing between the two par- ties, thus mutually jealous, as they could, this important privilege of electing a chief magis- trate. This mode then became established, and the right of the small States to elect upon the federative principle, or by States, in case of contingency of electoral failure of choice, can- not, with reason and fairness, be taken from them without their consent, and on a fuU un- derstanding of its operation ; since it was meant to be secured to them by the constitution, and was one of the terms upon which they became members of the present confederacy ; and for which privilege they gave an equivalent to the great States, in sacrificing so much of the fede- rative principle, or State equality. The constitution is nicely balanced, with the federative and popular principles; the Senate are the guardians of the former, and the House of Representatives of the latter ; and any at- tempts to destroy this balance, under whatever specious names or pretences they may be pre- sented, should be watched with a jealous eye. Perhaps a fair definition of the constitutional power of amending is, that you may, upon ex- periment, so modify the constitution, in its practice and operation, as to give it, upon its own principles, a more complete effect. But this is an attack upon a fundamental principle established after a long deliberation, and by mutual concession — a principle of essential im- portance to the instrument itself, and an at- tempt to wrest from the small States a vested right, and, by it, to increase the power and in- fiuence of the large States. I shaU not pretend, sir, that the parties to this constitutional com- pact, cannot alter its original, essential princi- ples ; and that such alterations may not be ef- fected under the name of amendment ; but, let a proposal of that kind come forward in its own proper and undisguised shape ; let it be fairly stated to Congress, to the State legislatures, to the people at large, that the intention is to change an important federative feature in the constitution, which change, in itself, and all its consequences, will tend to a consolidation of this Union into a simple republic ; let it be AMENDMENT TO THE CONSTITUTION. 435 fairly stated that the small States have too much agency in the important article of elect- mg a chief magistrate, and that the great States claim the choice, and we shall then have a fair decision. If the -senators of the small States, and if their State legislatures will then quietly part with the right they have, no person can reasonably complain. Nothing can be more obvious, than the in- tention of the plan, adopted by our constitu- tion, for choosing a President. The electors are to nominate two persons, of whom they cannot know which will be President ; this cir- cumstance not only induces them to select both from the best men, but gives a direct advan- tage into the hands of the small States, even in the electoral choice. For they can always se- lect from the two candidates, set up by the electors of large States, by throwing their votes upon their favorite, and of course giving him a majority ; or, if the electors of the large States should, to prevent this effect, scatter their votes for one candidate, then the electors of the small States would have it in their power to elect a Vice-President. So that, in any event, the small States will have a considerable agency in the election. But if the discriminating or de- signating principle is carried, as contained in this resolution, the whole, or nearly the whole right and agency of the small States in the electoral choice of chief magistrate, is destroy- ed, and their chance of obtaining a federative choice by States, if not destroyed, is very much diminished. For this identical purpose is the principle of electoral discrimination and desig- nation, introduced into the resolution before you ; for the same purpose is the number of candidates reduced from five to three, from whom the House of Representatives may elect, in case of electoral failure of choice; that is, to destroy, or diminish the agency of the small States, in the choice of President. For what purpose else, are we perpetually told, and from all parts of the Senate, that the public will is opposed by the present mode, and the public will cannot be gratified without the introduc- tion of the discriminating principle. By the public will thus mentioned, the gentlemen mean the will of a popular majority, or the will of the great States, which, in this case, I repeat it, are the same. How is it possible for the gen- tlemen to increase the chances of gratifying this description of the public will without de- creasing the agency of the small States ? The whole power of election is now vested in the two parties — numbers and States, or great and small States ; and it is demonstration itself, that if you increase the power of the one, in just such proportion you diminish that of the other. Do the gentlemen suppose, that the. public wiU, when constitutionally expressed, by a majority of States, in pursuance of the federative principle of our government, is of less validity, or less binding upon the commu- nity at large, than the public will expressed by a popular majority ? The framers of your con- stitution, the people who adopted it, meant, that the public will, in the choice of a Presi- dent, should be expressed by electors, if they could agree; and if not, that the public will should be expressed by a majority of the States, acting in their federative capacity, and that, iii both cases, the expression of the public will should be equally binding. Is it pretended that the public will can never, properly or con- stitutionally, be expressed, but by a majority of numbers, of the people or of the House of Eepresentatives ? This may be a pleasing doc- trine enough to great States ; but it is certainly incorrect. Our constitution has given the ex- pression of the public will, in a variety of in- stances, other than that of the choice of Presi- dent, into very dilferent hands frpm either the House of Eepresentatives or the people at large. The President and Senate, and in many cases the President alone, can express the public will in appointments of high trust and responsi- bility, and it cannot be forgotten that the Pres- ident sometimes expresses the public will, by removals. Treaties, highly important expres- sions of the public i.* "1, are made by the Presi- dent and Senate; aud they are the supreme law of the land. In the several States, many great ofiices are filled, and even the chief ma- gistracy by various modes of election. The public will is sometimes expressed by plurali- ties, instead of majorities ; sometimes by both branches of the legislatures, and sometimes by one ; and in certain contingencies, elections are settled by lot. The people have adopted con- stitutions containing such regulations, and ex- perience has proved that they are well calcu- lated to preserve their liberties and promote their happiness. From what good, or even pardonable motive, then, can it be urged, that the present mode of electing our President, has a tendency to counteract the public will ? Do gentlemen intend to destroy every federal fea- ture in this constitution ? And is this resolu- tion a precursor to a complete consolidation of the Union, and to the establishment of a simple republic? Or will it suffice to break down every federative feature, which secures to one portion of the Union, to the small States, their rights ? I am not without my fears, Mr. Presi- dent, that this is but the beginning of evils, and that this constitution, the bulwark of the feeble members of the confederacy ; the protection of the weak against the strong; the security of the small against the great; the last, best hope of man, with a view to stability in a free government, and to the preservation of liberty in a republic ; is destined to undergo changes, and suffer innovations, till there be no residue worth preserving, and nothing left, which am- bition will condescend to overturn. Time will not permit me to dwell any longer on this part of my argument. But I am de- ceived, sir, if the view I have now taken of the constitution, does not show most obviously, that in its formation, there was a struggle between the great and small States, with respect to 136 URIAH TRACT. many of its principles and leading features : and that the participation iu the election of a chief magistrate, clearly secured to them by the constitution, will receive a deadly blow by the adoption of the proposed amendment. It can be no contradiction to my ideas upon the subject, if we have heard nothing of State conflicts, in the administration of this govern- ment. The great States have never, tiU now, directly attempted to violate the sanctuary of the small, and despoil them of their rights ; I had this been earlier attempted, we should have heard and seen the same jealousy awakened, and the s^,me opposition exerted. The conflict could happen in no other way, than by an at- tack from the larger ^States. We had neither the desire nor ability to injure them, and >ve now ask no favors, but their permission to en- joy, in peace and safety, the rights conceded to us by themselves, and secured by a solemn constitutional compact. We have been told by a gentleman from Virginia, that it would be impolitic in us to rouse the great States. I shall, at present, take no further notice of this warning, given to us, no doubt, in the full exercise of benevo- lence, but to request the small States to pre- serve it in constant recollection. It may induce them not hastily to part with constitutional se- curity. There are some other points of light, in which I wish to place the subject before us. The constitution is of recent date ; it was form- ed by the mutual concessions of conflicting parties, and balanced with a view to the secur- ing of all. Experience alone can test its utility, and time and practice discover its faults. It is a sound position, that you should never attempt an alteration in an instrument so complicated, and calculated to serve so many various and opposite interests, without being able, by the test of experiment, to discern clearly the ne- cessity of alteration, and without a moral cer- tainty, that the cliange shall not only remove an existing evil, but that it shall not produce any itself. The article in the constitution, es- tab'^shing the mode of electing a chief magis- trate, and which is now proposed to be altered, was undoubtedly one of the most difllcQlt parts of the whole, at its formation. I am convinced, sir, that the public mind is not sutBciently im- pressed with the difiiculty of adopting, not only an unexceptionable, but even a tolerable and practicable mode of electing a chief magistrate, possessing such important and extensive powers as are constitutionally vested in the President , of the United States. An attempt to detail the number and magnitude of his powers, to this Senate, would be impertinent : but it must and will be acknowledged by all, that the President is vested with powers vastly extensive and im- portant, and that he will bring with him into the government more or less of State politics and State prejudices ; and these facts, to which may be added the probability that he will be taken from a large State, must have increased Ihe difliculties of the convention, in flxing on a mode of choice. How often have contests wars, and bloodshed, the destruction of con federacies, of liberty, and of vast portions ol the human race, arisen from the election of chief magistrates ? When we consider that the powers, vested in the President of this Union, are sufficiently important to excite the avarice and ambition of the human heart, its two most active principles, to gain possession of the of- fice ; when we consider the difference of sen- timent, habit, and interest in this country; State pride and State jealousy, which could never be laid asleep ; the difficulties of fixing upon a proper mode of election, must be, also, infinitely multiplied. And yet this article is now selected for alteration. All the amend- ments, which have been hitherto adopted, went to some general explanation, upon very general principles, not changing but rather expounding the constitution. This, as I have before said, is taking up the most difficult and most important article in the constitution, both in relation to rights and prin- ciples. But it is said, that experience has shown us the necessity of an alteration in this article ; that an evil has been found in practice to grow out of the constitutional provision, which calls imperiously for i-emedy. Here Mr. Tracy referred to the late presiden- tial election, and drew an inference, that the circumstances connected with it, afforded no ground of argument in favor of the proposed amendment. I have said, that the article flxing the mode of electing a chief magistrate was, from its na- ture, attended with many difficulties. A more strict inquiry into the constitutional mode, and a comparison of it, in some other and more particular points, with the proposed alteration, will be useful in forming an opinion of their relative merits. As the constitution stands, each elector is to write the names of two persons on a piece of paper, called a ballot. Either of the two per- sons, thus voted for, may be President, and the elector cannot know which ; this affords the most powerful inducement to vote for two, both of whom are qualified for the very important office. For it is not only uncertain upon whom the choice will fall at first, but the one remain- ing will certainly be President, upon any con- tingency which shall remove or incapacitate the' first. The convention seem to have selected a mode of proceeding the most simple, the least liable to accident, and the best calculated to insure the main object ; that is, that both should be really worthy of the trust. If one candidate wishes to make interest with the electors, ae each must vote for two, it will be impossible for bribery or intrigue to succeed ; for without corrupting the whole, or certainly many more than half, he may be defeated by the other can- didate on a ballot. This is, perhaps, the most AMENDMENT TO THE CONSTITCTIOK. 437 effectual bar to intrigue, tliat was ever con- trived ; for, unless all, or a great proportion r' tiie electors are corrupted (an extreme case of depravity not probable in any country), intrigue can have no assurance of success. The danger and diflBculty, which must always attend such an iinportant election as that of chief magistrate 'jf the United States, was meant to be avoided, by diminishing the chances of its frequent re- surrence. So two persons are placed in condi- ■ tion to act as President In succession, to prevent both the evils of vacancy, and a recurrence of olioioe more frequently than once in four years. And it seems merely incidental to this second person, to be called Vice-President, and neither the first nor second description of electors can have any right to vote for him as such ; indeed, he tan have no existence till the first character is designated, and then seems to be discovered, not elected. The Senate, in case of an equal number of votes for two or more remaining persons, after the President is elected, are vested with authority to choose a Vice-President, for as such he is to preside over this body, and this body, therefore, seems to be the only constitu- tional organ to designate him. Both the other descriptions of electors have nothing to do with such a character or oflioe ; but are con- fined to act with a single reference to the char- acter and oflioe of President ; and are trusted with no power to give any opinion of the char- acter or qualifications of a Vice-President. And rt is remarkable, that there are no appropriate qualifications made necessary by the constitu- tion, for a Vice-President ; but every qualifica- tion has reference to the President. There is another important feature in this part of the constitution. It was known by the convention, that in this country, in common with all others where there is freedom of opin- ion and of speech, there would be parties. They likewise knew, tliat the intolerance of the major, or ruling s«ot and political party, was frequently exercised upon the minor party, and that the rights of the minority ought to be protected to them. As well, then, to secure the rights of the minority, as to check the in- tolerance of the majority, they placed the ma- jority in jeopardy, if they should attempt at grasping all the benefits of a President and Vice-President within themselves, to the total exclusion of th e minority. This very case which ■happened at the last election was contemplated, in which the majority attempted totally to ex- clude the minority from any participation. The language of the constitution to such majorities is, " take care that you aim not at too much, for if you do, it is put into the power of the minority to check you, and by a judicious dis- position of their few votes, determine the choice of President." To avoid this event, the ma- jority will probably be cautious in the exer- cise of power ; and thus the rights, the proper weight and influence of a minority are secured against the conduct of the majority, which is aertainly liable to be intolerant and oppressive. In this respect, the spirit of the constitution is, political moderation. And it is clear to my mind, that the experience of the last election has taught a lesson to all majorities, which will in future completely secure them from again incurring a similar risk. 1 recollect well, that it was thouf^ht probuble, when the electoral votes were given, that Mr. Burr would have a vote or two, in some of the Eastern States. I ( he had received but one, he would have been by an electoral choice, the constitutional Presi- dent. If the majority in future have powers of recollection, they will undoubtedly avoid the evil, if it is one, which happened at the last election, with such unfailing certainty, that there will be no need of the remedy proposed by the amendment. But the majority say, if their votes are so scattered for one candidate as to avoid this danger, that another will be in- curred ; and that is, the minority will elect a Vice-President. The language of the constitu- tion to them, is again, " that this was meant as a security for the minority against the major- ity." But the majority exclaim against both these provisions, as very unreasonable indeed . "what," say they, "are minorities to govern majorities?" The answer of the constitution is, " no, but their due weight and influence shall be secured to them, and the danger of your in- tolerance guarded against." For the security of small States and minorities, there is, in the constitution a mixture of the federative with the popular principles. And as it is well known, that, when popular majorities alone prevail, and . exercise power uncontrolled by constitu- tional checks, the minorities, who generally possess their proportion of integrity and virtue, are overwhelmed, and liberty itself, by the same means, destroyed ; so it is in kindness to both parties, to the country and to humanity, that these wholesome checks are constitution- ally provided. Had the majority, or the great States been willing, fairly to have submitted to the constitutional checks in the last election, no evil could have happened. And it is re- markable that the constitution completely pro- tects them, as long as they obey its precepts, in the creation of which they had an agency, and to which they have solemnly agreed. To prove that I am correct in these ideas, I not only refer to the constitution, but to the Secre- tary of State, Mr. Madison. In the Virginia Debates, Volume I., page 96, he says : "But on a candid examination of history, we shall flnd that turbulence, violence, and abuse of power, by the majority trampling on the rights of the minority, have produced factions and commo- tions, whicli, 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 generally resulted from those causes. If we consider the peculiar situation of the United States, and what are the resources of that diversity of sentiments which pervades its inhabitants, we shall find great danger that the 438 TTEIAH TRACT. 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 : perhaps, in the progress of this dis- cussion, it will appear that the only possible remedy for those evils, and means of preserving and protecting the principles of republicanism, will be found in that very system which is now exclaimed against as the parent of oppression." Mr. President, it has often been said, by the discerning and judicious of this and other coun- tries, that our constitution, for its brevity, its comprehensiveness, its perspicuity, and the political skill contained in it, was the best state paper extant. I believe all this, and even more is a tribute justly due to its merits ; and I am persuaded that the article which fixes a mode for the choice of a chief magistrate, stands most prominent among its excellencies. Let us now, sir, examine and compare the merits of the amendment, with a special reference to this last view we have taken of the constitutional provision. The amendment authorizes the electors to vote for a President, and for a Vice-President, by specific designation. Is ambition in your country? Here is a direct and inviting oljjeot for its operation. Is the integrity of your elec- tors assailable ? Y6u place it here in the most encouraging attitude for an assault. A fear of detection, and a sense of shame, upon the ex- posure of an improper action, has been, per- haps, a better security against political errors or crimes, than all the moral virtues united, when the temptation has been attended with an impossibility of detection. An intrigue with an elector, can be carried on without much danger of detection ; but when your election is carried into the House of Representatives, be- sides the ordinary weight of character in favor of the members of that House, a detection of an intrigue with a candidate is almost certain. It will be recollected, that, at the last election, two or three members held the choice perfectly in their own hands. If I mistake not, three gentlemen, that is, a member from New Jersey, a member from Vermont, and one from, either Maryland, Delaware or Tennessee, could have given a President to the United States. The particular gentlemen mentioned, were above suspicion of bribery ; but in addition to this circumstance, if they had, in the contest, gone over, from improper motives, or under the in- fluence of bribery, a detection was certain. This will remain for ever, the criterion, as it respects the relative danger of intrigue and bribery, in the two niodes of choice. And the amendment is avowedly intended to secure a choice by electors, and to prevent a resort to ihe House ; because, says the gentleman from Virginia, Mr. Taylor, " if you permit the elec- tion to go into the House, there are small States, and minorities, and all the evils of a diet elec- tion : " meaning, that corruption must be the consequence. But he says, " let there be a divided election, by the electors, meeting by States separately, and you lessen the tendencj to corruption." This may look plausible ib theory, but I think practice will show its fal- lacy. It may be better for the electors to meel by States, than for all to be together, but this can never prove that they are less liable to cor- ruption than the House of Representatives; which is the only point in question. The manner of electing the Vice-President, as proposed by the amendment, not only in- vites ambition to an unchecked operation ; but exposes us to the selection of a less important, and more unfit person, than the constitutional provision. In addition to his importance in the government arising from his incidental succes- sion to the chief magistracy, the Vice-President is, ex officio, president of the Senate, and gives a direct infiuence to the State from which he is chosen, of a third vote in this body, in all cases of equal division, which are usually the cases of the most importance. Besides, his influence as presiding officer, is perhaps, pore than equal to the right of a vote. It becomes, therefore, peculiarly important to the small States, and to minorities, who^e security rests in this body, not only, that their influence in the election of Vice-President should not be diminished ; but that no measure be adopted, which may tend to bestow the office upon an unworthy char- acter. By the proposed amendment, this char acter must necessarily become a sort of make- weight, and stepping-stone for the Presidency. As in recruiting for an army, a man, active and of a particular cast of character, but not very proper for a commander-in-chief, is employed to obtain recruits, and upon condition that he obtains a given number, is to be rewarded with a sergeant's warrant ; so in this case, the man who can procure a given number of votes for President, will be encouraged to hope foi the Vice-Presidency ; and where will such cbai-- acters be sought after ? In Delaware or Rhode Island ? No, sir, but in the great States ; there the recruiting talents will be put in operation, because the number of recruits, or votes, will be sufficient to test his active and recruiting merits. And thus the office of Vice-President will be sent to market, with hardly a possible chance to meet an honest purchaser. I have already remarked upon the alteration made by the Senate, in the resolution passed by the House of Representatives, changing the number five to three. But one addition made this morning, deserves attention ; I mean thai which authorizes the Vice-President to admin- ister the government, in case neither Ihe first nor the second constitutional electors effect a choice of President.* This is a new principle and its operation is » An amendment to the resolution had been proposed, which provided, that in the case the House of Representa- tives should not, within days, effect the choice of a President, in the manner prescribed, and a Viee-Presidenl shall he duly elected, the Vice-President should discharsr< the duties of President. AMENDMENT OF THE CONSTITUTION. 43fl more uncertain, than that of any other part of the proposed amendment. Viewing it in one point of light, it may be thought to confer a new power upon the Senate ; that of giving a President to the Union. And it is said, that this part will recompense the small States, who have the ascendency in the Senate, for the in- jury inflicted by the other parts of the amend- ment. If it be true, that the last part restores all which the former parts have taken away from us, it is inconceivable, why any man can wish to pass a resolution, the parts of which thus mutually destroy each other. It is possi- ble, that by the force of intrigue and faction, the electors may be induced to scatter their votes for both President and Vice-President, in such manner, as to present several candidates to the House for President and two or more to the Senate for Vice-President. In which case, the Senate might immediately choose or select a Vice-President. In this state of things, there is an opportunity afforded for an intrigue, of a very extensive and alarming nature. The Sen- ate, I mean a majority of them, might wish that the man whom they had elected Vice-Pre- sident, should administer the government, and if the House could be prevented from agreeing, their wishes would be gratified. The facility of preventing over that of producing a choice, is very obvious. A bold address may be made to any member of the House, without wounding his pride, or offending his morality, to adhere to his candi- date, and not change his vote so as to effect a choice. He can be told, that there is no dan- ger of leaving the United States without a President, as there is one already chosen to his hand by the Senate ; and this person may be more the object of his wishes, than any of the other candidates, his favorite excepted. In this process, the Senate may give a President to the United States. But if the probability of such a process and such an event is increased by the amendment of this morning, it cannot certainly greatly recommend it. For myself, I wish for no alteration in the constitution, not even if its operations were directly in favor of the small States, more especially if such a favor is to be derived through a sort of double conspiracy of Intrigue ; in the first place, to operate on the electors, and then on the House of Representa- tives. It seems to me, that the small States had better be contented to enjoy the rights now secured to them by the constitution, which they can honestly do, rather than submit to a deprivation of their rights, for the sake of dis- honestly obtaining a restoration of them. We may charitably and safely conclude, that the majority do not intend, by this part of the amendment, to expose the country to such a scene of iniquity. And the uncertainty of its operations, alone, is, in my mind, a suflicient ground for rejection. However the operation of this part of the amendment may appear in iheory as to other points, it seems to me, that in one point all must agree, and that is, when the House of Representatives know that the United States will be left without an executive magistrate, in case they do not agree ; this awful responsibility will speak in a voice too loud for the hardihood of party entirely to dis- regard. And may not I suggest, without giv- ing offence, that the operation of this very responsibility has been proved, at least in somf degree, in the proceedings of the last presiden- tial election ? If this last-mentioned security be worth pre- serving, it follows, of course, that the part of the amendment alluded to ought not to pass. There is another view of the constitution, which has a reference to the general subject before us ; and that is, the caution exhibited with respect to the introduction of amend- ments. In an instrument so important, and containing many features new, if not to the world, at least to ourselves, although we might approve of its principles ; yet experience might discover errors as to the mode devised for car- rying those principles into effect. Hence it was the part of wisdom and caution to provide for such alterations in practice as would give the fairest operation to principles, without in- curring the confusion and agitation incidental to a general convention. But lest the daring and restive spirit of innovation should injure or destroy, under the specious name of amend- ment, that same wisdom and caution have pro- vided salutary checks. " Two-thirds of both Houses of the Congress shall deem it necessary " to propose amend- ments ; and three-fourths of the State legisla- tures shall ratify such amendments, before they acquire validity. I speak now, sir, of the mode which has always been, and probably will be put in practice to obtain amendments. The other constitutional mode is equally guai-ded as to numbers, but, as it has no relation to the subject now in debate, may be laid aside. " Two-thirds of both Houses " must, I think, on every fair principle of construction, mean two-thirds of all the members. The number of senators is thirty-four; two-thirds being twenty-three. And as there is no representa- tion from New Jersey, the number of repre- sentatives is one hundred and thirty-six ; two- thirds being ninety-one. My impressions are, sir, that this amendment cannot constitutionally be proposed to the State legislatures, unless It is agreed to, in the two Houses, by those numbers, twenty-three and ninety-one, respectively. This is a constitu- tional point, which, I am told, has never been agitated, but is certainly worthy of attention. If the construction should prevail, that two- thirds of the members present at any time, might propose amendments, the consequence is, that twelve senators, being two-thirds of a quorum, and forty-eight representatives, being a similar two-thirds, might propose any and the most important amendments. I am aware, sir, that it may be said, such propositions are not final, they may yet be ratified or rejected by M-C URIAH TRACY. the State legislatures. But the spirit of the oonstitution seems to require two-thirds of the nation, acting by its proper organs, to propose amendments ; and that, in so interesting a sub- ject as a constitutional alteration, a less num- ber should have no authority. The letter of the constitution will certainly justify this idea of its spirit. When two-thirds of the Senate are requisite to consent and ad- vise to a treaty, the words are " two-thirds of the senators present." To convict on impeach- ment, " two-thirds of the members present." yeas and nays are to be entered on the journal, " at the desire of one-fifth of those present." In the two first cases, it is requisite to act im- mediately, whether two-thirds of the whole are present or not ; then we see the expressions are clear, "two-thirds" refers to the numbers present. Why so? Because, without these expressions, the reference would have been un- derstood to be the whole number of members. In the last case, why add the word " present " to the one-fifth? Because, without that word, one-fifth of the whole would have been its meaning. In all other cases, when two-thirds are required, the spirit of the constitution cer- tainly is, and the words seem to carry the mean- ing, " two-thirds " of the whole numbers. It is said, "that a majority of each House shall constitute a quorum to do business." House, in this case, must mean all the members. Two- thirds of both Houses must, on the same prin- ciples, mean two-thirds of all the members of both. There is, I acknowledge, some obscurity, in the constitutional use of the word House, when either of the two branches of Congress is described by it ; but if the intention and sense, as well as words- are attended to, I am forcibly led to believe, that two-thirds of all the mem- bers of both Houses are required to sanction propositions for amendments, and that this con- struction is most consistent with the wisdom and political skill of the convention. The con- struction for which I contend, is analogous to the caution manifest in other parts of the con- stitution. It was well known to the conven- tion, that amendments, if recommended or pro- posed by Congress, would have an imposing in- fluence with the State legislatures ; and that, in no possible instance, could more evil arise from indigested measures, than in the case of amend- ments, owing to the impossibility of clearly foreseeing their operation and effects on the general constitutional system. It was made re- quisite, therefore, to wait for the uninfluenced movement of two-thirds of the popular and federative representatives of the nation. What- ever may be our opinion on the point now dis- cussed, the State legislatures have a constitu- tional right to judge of it for themselves, and to determine whether a proposition for an amendment is presented to them, with the sanc- tion required, and if, in their opinions, the re- :juisite numbers have not agreed to the proposi- tion, they will guard the constitution, by re- fusing to ratify such amendment. My honorable friend from New Hampshire, Mr. Plumer, ha* done such ample justice to this part of the sub- ject, as to place it out of the reach of my as- sistance and beyond the need of any. I am convinced, Mr. President, that the amendment now under consideration could hut, in the Senate, obtain a constitutional majority of two-thirds, or even a simple majority, were it not for the influence of instructions. Some gentlemen have ingeniously said, that until they gave this amendment the present particular ex- amination, they had not contemplated the ex- tent of its probable effects, and although they entertained doubts, yet they were induced by the instructions given them, to make the propo- sition to the legislatures, and let them decide for themselves. Whatever may or cen be said in favor of in- structions generally, cannot be applicable to this case. For the purpose of obtaining amend- ments to the constitution. Congress can only propose, and the State legislatures ratify. The duties are appropriate and distinct, and the un- influenced, independent act of both, requisite. The legislatures cannot ratify, till a proposal is made. This subject can be elucidated and en- forced by familiar examples. The House of Representatives alone can originate a bill for raising revenue, but it cannot become a law without a concurrence of the Senate. Would not the advice and instruction of the Senate to the House, intimating our desire that they would originate and send to us for concurrence a revenue bill, be thought improper, indelicate, and even unconstitutional? The President and Senate can appoint certain officers, but they have distinct and appropriate agencies in the appointment. The President can nominate, but cannot appoint without the advice and consent of the Senate. But the Senate cannot nominate, nor could their advice to the President, to make a nomi- nation, be either binding or proper. The char- acter of the several independent branches of our government, forming constitutional checks upon each other, cannot be exemplified more fully, than in the mode of producing amend- ments. And an interference of one independ- ent body upon the appropriate and distinct duties of another, can, in no instance, have a more prejudicial effect. Can it be thought, then, either proper, or constitutional, for the State legislatures to assume the power of in- structing to propose to them a measure, when the power of proposing is not only not given to them, but given exclusively to Congress? As well and with as much propriety might Congress make a law, attempting to bind the State legislatures to ratify ; as the legislatures by instructions bind Congress to propose. In either case, the check, which, for obviously wise purposes, was introduced into the oonsti- tution, is totally destroyed. And we have not as much security against improper amendments, as we should have, if the power were exclu- sively vested in the State -legislatures, and foi AMENDMENT OF THE CONSTITUTION. 441 tliis obvious reason, that in this mode of opera- tion the responsibility, for tlie adoption of an improper amendment, is divided and destroyed. Is the sentiment correct, sir, that we shall be justifiable in sending forth this proposition to be considered by the State legislatures, if we believe it ought not to be ratified? What would be thought of the Senate, if they should pass a bill, and send it to the House of Repre- sentatives for concurrence, the provisions of which they disliked entirely, and wished u.4; to be established ? And can any sound distinc- tion be made between such a measure and the one now before us ? In either case, the single act of the other body would be final ; and in either case, the people at lai-ge would be safer to have but one body in existence, to legislate, or make amendments; for all our agency in both oases would only tend to deceive and mis- lead, and, in addition, to diminish, if not de- stroy, as has just been observed, the responsi- bility of the other body. It has been said, sir, that the House of Re- presentatives have twice given a sanction to this measure, and that their conduct, in this particular, adds weight to it ; I wish to treat that honorable body with the highest respect ; but I must deviate from the truth, were I to acknowledge that their conduct upon this amendment, has a tendency to convince me tliat they have a full understanding- of the sub- ject. Twice have they sent us a resolution, similar in its leading feature to that on your table, and made no provision that the person to be Vice-President should be qualified for the highly responsible office, either in age or citizenship. And for aught that they had guarded against, we might have had a man in the chief magistracy, from Morocco, a for- eigner, who had ^ not been in the country a month. Mr. President, it was suggested, in a former part of the debate, by a gentleman from South Carolina, Mr. Butler, that the great States, or ruling party of the day, had brought forward this amendment, for the purpose of preventing the choice of a federal Vice-President at the next election. And we are now put beyond the power of doubt, that this is, at least, one motive, by the observations of several of the majority, but espe- cially by those of the gentleman from Virginia. He informs us, and I appreciate his frankness, that if the friends of this measure do not seize the present opportunity to pass it, the oppor- tunity will never recur. He tells us plainly, that a minor faction ought to be discouraged, that all hopes or prospect of rising into conse- quence, much more of rising into office, should be crushed, and that this amendment is to pro- duce a part of these beneficial eft'ects ; which amendment he compares to thebill which was introduced into the British Parliament, to ex- clude a popish successor to the Crown, com- monly called the exclusion bill. Have the mi- uority, then, no right left but the right to be trampled upon by the majority ? This is iden- tically the conduct, which is mentioned in the quotation which I have had the honor to make from the Secretary of State : to which 1 ask leave to recur. " The majority, by trampling on the rights of the minority, have produced factions and commotions, which, in republic^, have, more frequently than any other cause, produced despotism." What avails it, then, that this country has triumphed over the invasion and violence of one oppressor, if they must now be victims to the violence of thousands ? Political death is denounced now ; what denunciation will fol- low ? It would be a useless affectation in us, to pretend to close our eyes upon either the cause or consequences of this measure. The spirit of party has risen so high, at the present day, that it dares to attempt, what in milder times would be beyond the reach of cal- culation. To this overwhelming torrent, every consideration must give way. The gentleman is perfectly corr&^i, in sup- posing that now is the only time to pass this resolution ; there is a tide in the affairs of party most emphatically, and unless its height is taken, its acme improved, the shallows soon appear, and the present demon of party gives place to a successor. A hope is undoubtedly now indulged, that one great and dominant passion, wUl, like Aaron's rod, swallow up every other, and that the favorable moment can now be seized to crush the small States, and to obtain their own agency in the transac- tion. And when we recur to the history of foi'mer confederacies, and find the small States arrayed in conflict against each other, to fight, to suffer, and to die for the transient gratifica- tion of the great States; have we not some reason to fear the success of this measure ? In the Senate is the security of the small States ; their feeble voice in the House of Re- presentatives is lost in the potent magic of numbers and wealth. Never until now has the force of the small States, which was provi- ded by the constitution, and lodged in this federative body, as a weapon of self-defence, been able to bear upon this question. And will the small States, instead of defending their own interest, their existence, sacrifice them to a gust of momentary passion — to the short- lived gratification of party prejudice? This resolution, if circumstances shall une- quivocally demand it, can pass at the next or any future session of Congress. But once pass- ed, and its passage will operate like the grave ; the sacrificed rights of the small States will be gone for ever. Is it possible, sir, that any small State can submit to be a satellite in the State system, and revolve in a secondary orbit around a great State — act in humble devotion to her wiU till her purposes are gratified, and then content herself to be thrown aside like a cast- ofi' garment, an object of her own unceasing regret, and fit only for the hand of scorn to point its slow and moving finger at ? Can the members of the Senate, who represent the W2 UETAH TRACY. small States, quietly cross their Jiands and re- quest the great States to bind them fast and to draw the ligature ? I am aware, sir, that I shall be accused of an attempt to excite the jealousy of the small States. Mr. President, I represent a small State ; I feel the danger, and claim the consti- tutional right to sound the alarm. From the same altar on which the small States shall be immolated, will rise the smoke of sacrificed liberty: and despotism must be the di'eadful successor. It is the cause of my country and of human- ity, which I plead. And when one vast over- whelming passion is in exercise, full well I know, sir, that no warning voice, no excite- ment but jealousy, has been found sufiiciently active and energetic in its operation to dissolve the wizard spell, and force mankind to listen to argument. Jealousy, hateful in private life, has perhaps done more in the preservation of political rights than all the virtues united. I have made the stand, sir, in the Senate, which I thought the importance of the subject demanded. If I fail here, there is hope of suc- cess with the State legislatures. If nothing can withstand the torrent there, I shall experi- ence the satisfaction which is derived from a consciousness of having raised my feeble voice in defence of that constitution, which is not only the security of the small States, but the palladium . f my country's rights ; and shall console myself with the reflection that I have done my duty. THE JUDICIAET SYSTEM. Mr. Tracy delivered this speech, in the Senate of the United States, on the twelfth of January, 1802, on the following motion : " Resolved, that the act of Congress, passed on the thirteenth day of February, 1801, entitled an 'Act to pro- vide for the more convenient organization of the courts of the United States,' ought to be repealed." * Feeble as I am, I have thought it my duty to offer my sentiments on this subject. Owing to severity of indisposition, I have not been in my place, nor have I heard any of the discussion. This circumstance will be my apology, if, in the remarks I shall make, repetitions shall occur on the one hand, and apparent inattention to ar- guments on the other. Having been a member of this government during several years, and being impressed with the difficulties attending the formation of a ju- diciary system, I have thought it proper to give a concise history of legislative proceedings on this important subject. Permit me to say, sir, that the first institution of such a system must be an experiment. It is impossible to ascer- tain until tried, the effects of a system co-exten- sive with the vast territory of the United States, and which ought to be adapted to the different laws and habits of the different States. Soon after the first law was enacted, as early as the year 1Y93, and I believe sooner, oom- * The act of 1801, referred to in tlie above resolution, verj fissentially changed the judiciary .system of the United States, from what it had been previous to that time. It provided 'or the establishment of several new tribunals, denominated Circuit Courts, the abolition of which was the principal ob- ject of the advocates of the resolution. — See Journals of Qongreas, Jam., March, 1802. plaints were made of the system of circuit courts. The Union then being divided into three circuits, and two of the six judges were obliged to attend each court, if one judge failed, all the business, of course, was continued to the next term. Judges complained of the distances they had to travel, and suitors and lawyers complained of delays. In 1793, if my memory is correct, the law passed allowing one judge to attend with the district judge in each dis- trict, with some other modifications, not im- portant in the present view of the subject. If, by reason of distance, badness of roads, sickness, or any other accident, this one judge failed of attendance, or if he and the district judge dif- fered on any point, a delay was occasioned. If the same judge attended the same circuit at the next term, another delay, and so on, till expe- rience taught us that some alteration in the system was requisite. It will be recollected, that the judges had to travel over this extensive country twice in each year, and to encounter the extremes of both heat and cold. Of this they complained ; but this was not all ; the business was not done. At several sessions of Congress, the subject of circuit courts was before them ; committees were appointed in both Houses, and in more than one communication of the Executive at the commencement of sessions, a revision of the system was recommended. I cannot on memory, detail the exact particulars, or order of time ; hut in the speecn made by the President at the opening of the session of 1Y99, the subject is stated as follow s : " To give due effect to the civil administra- tion of government and to ensure a just execu- tion of the laws, a revision and amendment of the judiciary system is indispensably necessary. In this extensive country it cannot but happen that numerous questions, respecting the inter- THE JUDICIARY SYSTEM. 44? pretation of the laws, and the rights and duties of officers and citizens, must arise. On the one hand the laws should be executed, on the other individuals should be guarded from op- pression ; neither of these objects is sutiiciently assured under the present organization of the judicial department. I, therefore, earnestly recommend the subject to your serious consid- eration." Although this subject had been recommended before, and committees had contemplated a re- vision and alteration of the system, I do not remember that a bill had ever been prese^ited to either House of Congress until 1799. In that session a bill was reported, similar in its fea- tures to the act which passed last session. It might have been acted upon in the House of Representatives ; of this, however, I am not confident ; but I recollect it was printed, and the members of both Houses had it before them, and at the last session, with some alter- ations and amendments, it was enacted into a law. I believe all parties wished for a revision and amendment of the system, in respect to circuit courts ; the difference of opinion was principally this : some supposed an increase of the judges of the supreme court to such a num- ber as would render the duties of the circuit practicable for them, and provide for the com- pletion of business, would be the best amend- ment ; the others thought the law, as it passed, was preferable. I acknowledge, that in deliberating upon this subject, we always assumed the principle, that the establishment of courts was important to protect the rights of the people ; we did not fear an army of judges, as has been hinted by the gentleman last up, Mr. Jackson. In this opinion we might be mistaken, but we were honest in our professions. Although some be- heved that more of the business of the United States might be confided to the State courts ; yet it is not within my recollection, that the question was considered in any measure a party question. I am confident, that at the session of 1799, and for a long time before that, the friends of this law, which eventually passed last winter, could not, nor did not, contemplate any change of administration. A revision of the system was long a subject of deliberation ; we believed an increase of circuit judges, to the number requisite to perform the duties, would be an inconvenient increase of the supreme court, and though it was desirable for the judges of the supreme coui-t to see the people and be seen of them, yet the preference was given to the system now proposed to be re- pealed. We suppose it would be an evil to in- crease the number of judges of the supreme court to thirteen, fifteen, or seventeen. A court which is to act together, should not be numer- ous ; on this subject all men have agreed ; here may be danger of an " army of judges," as the gentleman says ; for although in Great Britain the twelve judges are sometimes called to give an opinion, yet no man wiU feel equal confi- dence in a tribunal of judges for the business of a court, consisting of many, as of few ; from three to five, the good sense and experience of all nations lias declared to be about the proper number, and we thought it conducive to the general good to establish tribunals in such m;inner as to carry justice to the door of every man. In this modification of the system, the juris- diction of the circuit court has been extended as it respects the sum in demand, of which they are to take cognizance, and as it respects the disputes whidh arise, concerning the title of lands; and exclusive jurisdiction is given of all crimes committed within fifty miles of their place of session. The intention was to ensure a prompt execution of justice, and experiment alone can test the wisdom of the plan. I take it to be a sound rule, adopted by all wise and deliberate bodies, not to repeal an existing law until experiments shall have dis- covered errors, or unless there is a vice so ap- parent on the face of the law, as that justice shall require an immediate destruction of it. Has there been time to gain information by experiment? No man will pretend this as a justification of the repeal ; for the little time the law has been in force, so far as I have ob- tained any knowledge upon the subject, it has gained credit. Another maxim in legislation, I think, is cor- rect, not to give up a law in existence, which is conversant about extensive and important concerns of the community, and about which there is a necessity of enacting some law, with- out seeing clearly what can be substituted for it, and that the substitute has manifest advan- tages. This resolution leads to no result, but a repeal. I have stated the errors of the former system of Circuit Courts, and if expense is an objection to the present system, as I have heard urged out of doors, the same, or nearly as much, must be incurred, if we increase the number of Judges of the Supreme Court, as to effect a reform in the Circuit Court. Why repeal this law, then, and leave us without any, or with- out any adequate to its purpose ? Is this system so very vicious, that it de- serves nothing but abhorrence and destruction? It costs us a little more than thirty thousand dollars, and by it the number of circuit judges is increased to sixteen ; and by it likewise is contemplated reducing the number of supreme judges to five, when it can constitutionally be done. Is the expense an object, when by that expense we extend the jurisdiction of a court over this vastly extensive, growing country, and carry law and protection to every man? This country is in a singular condition ; a great tract of unsettled lands is peopling with rapid- ity, and numerous emigrations increase oui population far beyond its natural increase ; is it not of importance that courts should be loca ted among them, early, to correct the restless spirit which is frequent in new and scattered settlements? And are not the emigrations t44 URIAH TEAOY. composed of such as require the prompt as- sistance of the law, to preserve among them regularity ? Punishment to ns, and to all good men, should be a strange work ; but to prevent crimes, is the work of a God. I speak to gen- tlemen, who have many of them graced the judge's bench, and adorned the professional robe they have worn, and are therefore not obliged to be particular that I may be under- stood ; a word to the wise will be sufficient. A judiciary, in a national point of view, is ab- solutely nef'eoaary, and an extension of it to every national purpose is equally necessary. To depend upon State Courts, not under obli- gations nor amenable to you, besides having as much business allotted to them by the respec- tive States, as they can accomplish, and de- pending upon them, and not on us, for exist- ence — wiU require only to be mentioned, to be exploded. Locating your judges in the various parts of the country, by them promulgating the national laws, which is well known has been a subject of great difficulty, and giving them daily opportunity of mixing with people, not well disposed to order and law, may prevent disorders and insurrections, and save millions of expense, which pecuniary saving will be the least of the important events arising from such a system. But it will probably be said the courts have not business to employ them ; and the docu- ments received from the Executive will be pro- duced in evidence. And it may further be said, the President has in his message recom- mended a repeal of this law. The words of the message are : " The judiciary system of the United States, and especially that portion of it lately erected, will of course present itself to the contemplation of Congress ; and that they may be able to judge of the proportion which the institution bears to the business it has to perform, I have caused to be procured from the several States, and now lay before Congress, an exact statement of all the causes decided since the first establishment of the courts, and of those that were depending when additional courts and judges were brought in to their aid." Is this a recommendation 'to repeal? Sup- pose, for argunient's sake, it is. Let us look at this " exact" statement. In the recapitula- tion, 19tb page. of document 8, there appears to have been instituted 8,276 suits, and pend- ing when this court went into operation 1,539. ISut on further inspection, it will be found, that Maryland is entinely omitted ; this omission is unaccountable, since the means of knowledge were so near at hand ; 119 causes undecided in Tennessee ; 134 in North Carolina, and 331 in Virginia, are omitted ; making in the whole an error of five or six hundred causes. In ad- dition to this, the number of suits in New York are not stated correctly by the statement of the ittorney when he made the return ; and not one is carried out as pending in the recapitula- tion ; and the return of Massachusetts is incor- rect on its face ; so that nothing more than conjecture can be derived from this "exact" statement. The President is usually more cor- rect, and how this peremptory language in the message comports with the document, every man can see for himself. I am not disposed to attribute intentional error to any man, much less to the Executive ; but in point of use the statement amounts to nothing ; we may just as well imagine without it as with it, how many suits were pending at the institution of the new courts. But I acknowledge that the number of suits pending is not, in my mind, any criterion upon which a correct judgment may be formed of the utility or necessity of courts ; or to say the most of it, it forms but one ground of judging, and that not a very conclusive one. In a coun- try thinly settled, it is frequently as important to establish courts as in a more populous coun- try ; and as this government is situated it may be more so ; and yet the number of suits will bear no proportion. Why did we establish courts in our territorial government but on this principle ? A number of courts, properly located, will keep the business of any country in such con- dition as but few suits will be instituted ; and courts badly organized will discourage suitors, and there will be but few actions returned. From the number of suits alone, there can no sound judgment be formed. But there is another objection to the repeal of the judiciary law, which in my mind is con- clusive. I mean the letter and spirit of the constitution. In the formation of every government in which the people have a share in its adminis- tration, some established and indisputable prin- ciples must be adopted. In our government, the formation of a legislative, executive, and judiciary power is one of the incontrovertible principles ; and that each should be independ- ent of the other, so far as human frailty wiU permit, is equally incontrovertible. AVill it be expected that I shall quote Sidney, De Lolme, Montesquieu, and a host of elementary writers, to prove this assertion ? There is, probably, no conflict of opinion upon this subject. When we look into our constitution of government, we shall find in every part of it, a close and unde- viating attention to this principle. Our par- ticular form is singular in its requirements, that full force and operation be given to this all important principle. Our powers are limit- ed, many acts of sovereignty are prohibited to the national government, and retained by the States, and many restraints are imposed upon State sovereignty. If, either by accident oi design, it should exceed its pow ers. there is th( utmost necessity that some timely checks, equa; to every exigency, should be interposed. Tht judiciary is established hy the constitution foi that valuable purpose. In the British Government, the legislature is omnipotent to every legislative effect, and is a perpetual convention for almost every consti- THE JUDICIARY SYSTEM, 445 tutional purpose. Hence it is easy to discern the different part which must be assigned to the judiciary in the two kinds of government. In England the executive has the most exten- sive powers, the sword or the military force ; the right of making war, and in effect the com- mand of all the wealth of the nation, with an unqualified veto to every legislative act. It is, therefore, rational for that nation to preserve their judiciary completely independent ot their sovereign. In the United States, the caution must be applied to the existing danger; the judiciary are to be a check on the executive, 'lut most emphatically to the legislature of the Union, and those of the several States. What security is there to an individual, if the legis- lature of the Union or any particular State should pass a law, making any of his transac- tions criminal which took place anterior to the date of the law ? None in the world but by an appeal to the judiciary of the United States, where he will obtain a decision that the law itself is unconstitutional and void, or by a resort to revolutionary principles and exciting a civil war. With a view to these principles, and knowing that the framers of our constitution were folly possessed of them, let us examine the instrument itself. Article Third, Section First : " 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 supreme and inferior courts, shall hold their offices during good behavior ; and sliall, at stated times, receive for their services a compensation which shall not be diminished during tlieir continuance in office." Are there words in the English language more explicit ? Is there any condition annexed to the judges' tenure of office other than good behavior ? Of whom shall your judges be independent? We are led to an erroneous decision on this, as well as many other governmental subjects, by con- stantly recurring to Great Britain. That their courts should^e independent of their sovereign is an important object ; he is the fountain of honor and power, and can do no wrong ; our President, at least for several years past, has been considered as the fountain of dishonor and weakness ; and if there was any maxim upon the subject, it was that he could do no right. Of course the great object of the independence of the judiciary must here have reference not only to our executive, but our legislature. The legislature with us is the fountain of power. No person will say that the judges of the su- preme conrt can be removed unless by im- peachment and conviction of misbehavior ; but the judges of the inferior courts, as soon as ordained and established, are placed upon pre- cisely the same grounds of independence with the judges of the supreme court. Congress may take their own time to ordain a\d estab- blish, but the instant that that is done, all the rights of independence attach to them. If this reasonii g is correct, can you repeal a law establishing an inferior court under the constitution? Will it be said, that although you cannot remove the judge from office, yet you can remove his office from him? Is mur- der prohibited, and may you shut a man up, and deprive him of sustenance till he dies, and this be not denominated murder ? The danger in our government is, and always will be, that the legislative body wUl become restive, and perhaps unintentionally break down the bar- riers of our constitution. It is incidental to man, and a part of our imperfections to believe that power may be safely lodged in our hands. We have the wealth of the nation at com- mand, and are invested with almost irresistible strength ; the judiciary has neither force ncir wealth to protect itself. That we can, with propriety, modify our judiciary system, so that we always leave the judges independent, is a correct and reasonable position ; but if we can, by repealing a law, remove them, they are in the worst state of dependence. I have exhausted myself, and I fear the pa- tience of the Senate, and regret exceedingly that my indisposition prevented me from a bet- ter preparation upon this important question. I have attempted to show that the establish- ment of a judiciary system for this country is, and must be attended with difficulties; and that the legislature have taken such measures as to a majority of them seemed most reasona- ble, after much attention to the subject, to cure the evils of the old system, by the substitution of a new system. And let it be remarked, that the law now under consideration, although it modified our courts, is strictly guarded against a violation of the principles I have here contended for. The Supreme Court is but to consist of five judges after the next vacancy shall happen ; and the district judges of Tennessee and Kentucky are associated with a Circuit jtidge, to perform the duties of circuit judges ; which duties it is well known they performed ever since the district courts were established ; and in the clause which increases their salaries, they are stylea the district judges ; and all the alteration made in their circumstances, is an increase of duty and of salary. I have attempted to show the primary necessity of rendering the j udiciary of this confederated government completely inde- pendent, not only of the executi\'e, but especial- ly so of the legislature. And by adverting to the words of the instru- ment itself, I have attempted to show that the judiciary are secured, so far as words can do it, as well as from a circuitous removal, by repeal- ing the law constituting the court of which they are judges, as by any direct removal. I am strongly impressed with the magnitude of this subject; perhaps the whims of a sick man's fancy have too much impressed me ti- view it correctly ; but, sir, I apprehend the re- peal of this law wUl involve in it the total de- struction of our constitution. It is supported by three independent pillars — the legislative, t46 URIAH TEAOY. executive, and judiciary ; and if any rude hand should pluck either of them away, the beautiful fabric must tumble into ruins. The judiciary is the centre pillar, and a support to each by checking both ; on the one side is the sword, on the other side is the wealth of the nation ; and it has no inherent capacity to defend itself These very circumstances united may pro- voke an attack, and whichever power prevails so far as to invest in itself, directly or indirect- ly, the power of the judiciary, by rendering it dependent, it is the precise definition of tyran- ny, and must produce its effects. The Goths and Vandals destroyed not only the government of Rome, but the city itself; they were savages, and felt the loss of neither ; but if it be possi- ble there can be an intention, like the son of Manoah, with his strength without his godli- ness, to tumble this fabric to the earth, let it be remembered it will crush, in one undistin- guished ruin, its perpetrators, with those whom they may call their pohtical enemies. I most earnestly entreat gentlemen to pause and consider. I apprehend the repeal of this act will be the hand- writing on the wall, stamp- ing Mene Tekel upon all we hold dear and val- uable in our constitution. Let not the imputa- tion of instability w hich is cast upon aU popu- lar bodies be verified by us, in adopting laws to-day and repealing them to-morrow, for no reason but that we have the power and wQl exercise it. The constitution is an invaluable inheritance ; if we make inroads upon it and destroy it, no matter with what intentions, it cannot be re- placed ; we shall never have another. HENRY LEE. Gbseeal Henet Lee, a member of a family distinguished ii. the annals of America, was a native of Virginia, where he was born on the twenty-ninth of January, 1756. At the age of thirteen years he entered the college of New Jersey, at Princeton, and, continuing there the usual term, distinguished himself by a close and steady application to his studies, and a strict adherence to the collegiate rules. On graduating, late in September, 1773,* he delivered an English oration on the Liberal Arts, and received the honors of the college. The following year was passed at, his home, and while his father was engaged in negotiating treaties with tho diflferent Indian tribes, the management of the private concerns of the family was intrtisved to him. At this time the troubles existing between the ministry of Great Britain and the colonists were assuming a decided character ; the importation of tea had already been prohibited in the several colonies, and the "good citizens" had been called on to discountenance all those unjust measures of the Crown " which ought to be opposed, as contrary to every principle of liberty, and which righteoasly incur the just indignation and resentment of every true American." Animated by the exciting scenes which were being enacted around him, and in which so many of his kinsmen were engaged, young Lee relinquished " the soft scenes of tranquil life for the rough adventures of war," and, at the age of nineteen years, he entered the' service of his country, as a captain of cavalry, in the Virginia line. In this situation he soon commanded the ' respect and attention of his countrymen, by his active enterprise and manly heroism. In the autumn of 1777, Lee's company, with the rest of the cavalry raised by Virginia, were formed into one regiment, and united to the Continental army. From this time he rapidly ac- quired distinction as an able and gallant oflBcer, and by the high state of discipline and efficiency he maintained in his company, soon won the coniidence of the commander-in-chief, a confidence which continued through life. An account of one of Captain Lee's earliest exploits, and which probably, in some measure, led to his preferment, is given by that ofBcer, in his Memoirs of the War in the Southern De- partment. It is as follows : — After the success of the British at the Brandywine, the British general pursued his route across the Schuylkill, directing his course to Philadelphia. Con- tiguous to his route, lay some mills stored with flour for the use of the American army. Their destruction was deemed necessary by "Washington, and his aide-de-camp. Lieutenant-colonel HamUton, attended by Captain Lee, with a small party of his troop of horse, were despatched in front of the enemy with the order of execution. The mill, or mills, stood on the bank of the Schuylkill. Approaching, you descend a long hill, leading to a bridge over the mill-race. On the summit of this hill two videts were posted ; and soon after the party reached the mills. Lieutenant-colonel Hamilton took possession of a flat-bottomed boat for the purpose of trans- porting himself and his comrades across the river, should the sudden approach of the enemy render such retreat necessary. In a little time this precaution manifested his sagacity : the fire • An extended account of the commencement exercises wafi published in Eivingtou's New York Gazetteer, of Goto Der 14th, 1773. us HENEY LEE-. of the videts announced tlie enemy's appearance. The dragoons were ordered instantly to embark. Of the small party, four, with the Lieutenant-colonel, jumped into the boat, the Tan of the enemy's horse in full view, pressing down the hill in pursuit of the two videts. Captain Lee, with the remaining two, took the decision to regain the bridge, rather than detain the boat. Hamilton was committed to the flood, struggling against a violent current, increased by recent rains ; while Lee put his safety on the speed and soundness of his horse. The attention of the enemy being engaged by Lee's push for the bridge, delayed the attack upon the boat for a few minutes, and thus afforded Hamilton a better chance of escape. The two videts preceded Lee as he reached the bridge ; and himself, with the two dragoons, safely passed it, although the enemy's front section emptied their carbines and pistols at the distance of ten or twelve paces. Lee's apprehension for the safety of Hamilton continued to increase, as he heard volleys of carbines discharged upon the boat, which were returned by the guns singly and occasionally. He trembled for the probable issue, and as soon as the pursuit ended, which did not long continue, he despatched a dragoon to the commander-in-chief, describing with feelings of anxiety what had passed, and his sad presage. His letter was scarcely perused by Washington, before Hamilton himself appeared ; and, ignorant of the contents of the paper in the general's hand, renewed his attention to the ill-boding separation, with the probability that his friend Lee had been cut off, inasmuch as instantly after he turned for the bridge, the British horse reached the mill, and commenced their operations upon the boat. Washington, with joy, relieved his fears, by giving to his aide-de-camp the captain's letter. Thus did fortune smile upon these two young soldiers, already united in friendship, which ceased only with life. Lieutenant-colonel Hamilton escaped unhurt, but two of his four dragoons, with one of the boatmen, were wounded.* At the battle of Germantown, Lee's company of cavalry was selected by General Washing- ton as his body guard. In January, 1778, when occupying a small stone house, with a body of ten men, the rest of his command being absent on a foraging expedition, the building was surrounded by two hundred of the British cavalry, who attempted to take him prisoner, but were met with so spirited a resistance that they were compelled to retreat. Soon after this he was advanced to the rank of major, with the command of three companies of cavalry. Wliile in this position he planned and executed the celebrated attack on the British post at Paulus Hook, opposite to the city of New York, their head-quarters. He surprised and took the garri- son, under the eye of the British army and navy, and safely conducted his prisoners into the American lines, many miles distant from the post captured. There are few enterprises to be found on military record, equal in hazard or diflSculty, or conducted with more consummate skill and daring courage. It was, too, accompanied without loss ; filled the camp of the enemy with shame and astonishment, and shed an unfading lustre on the American arms. In 1780, Lee was promoted to the rank of lieutenant-colonel commandant of a separate legionary corps, and was sent to the southern department of the United States, to join the army under General Greene, where he remained until the close of the war. The many brilliant achievements which he performed in that difficult and arduous war, under that celebrated and consummate commander, it is not necessary to enumerate ; " they are so many illustrious mon- uments of American courage and prowess, which in all future ages will be the theme of histor- ical praise — of grateful recollection by his countrymen, and of ardent imitation by every brave and patriotic man." On the termination of the war, he returned to the peaceful walks of civil life. He was sub- sequently a member of the legislature of his native State, and in 1786, was chosen a delegate tc the Continental Congress. Two years after, he served as a member of the convention for the ratification of the Federal Constitution, which instrument he supported. In 1792, he was elect- ed Governor of Virginia, continuing in oflice three years. During his administration, in August, 1794:, the celebrated Whiskey Insurrection, in Pennsylvania, had taken so serious a character, that an army was formed composed of volunteers from that State, and detachments of militia • Memoirs of the War in the Southern Department of the United States. By Henry Lee. Edition, 1827, pago 17 EULOGY ON WASHINGTON. 449 from New Jersey, Maryland, and Virginia. Governor Mifflin toolc command of the troops ol his State. The Governor of New Jersey commanded the troops of that State, and those of Mary- land and Virginia, as well as the others, were under the command of General (then Governor) Lee. "When these troops had assembled at their respective places of encampment, General Washington visited them, and directed General Hamilton to accompany them to the west. The insurgents did not venture to meet this force, and the rebellion ceased without a conflict.* General Lee was chosen a representative in the Congress of the United States in year 1Y99, and was selected by that body to pronounce an oration in honor of the memory of Washington. He continued in Congress until the commencement of Mr. Jefferson's Presidency, when he re- tired altogether from public life. In the summer of 1814, while General Lee was residing in Baltimore, he was concerned in a political riot, and suffered a severe assault, from the effects of which he never recovered. After passing some time in the West Indies for the benefit of his health, he returned to his na- tive land, where he died on the twenty-fifth of March, 1818, at the residence of Mrs. Shaw, the daughter of General Greene, at Cumberland Island, near St. Mary's, Georgia. He left behind him an extensive and valuable historical work, entitled. Memoirs of the War in the Southern Department of the United States, in which the difficulties and privations en- dured by the patriotic army employed in that quarter — their courage and enterprise, and the skill and talents of their faithful, active, and illustrious commander. General Greene, are dis- played in never-fading colors, t EULOGY ON WASHINGTON. This oration was prepared and delivered at the request of the Congress of the United States, by General Lee, at Philadelphia, on the twenty-sixth of December, 1799. J In obedience to your will, I rise your humble organ, with the hope of executing a part of the system of public mourning which you have been ])leased to adopt, commemorative of the death of the most illustrious and most beloved personage this country has ever produced ; and which, while it transmits to posterity your sense of the awful event, faintly represents your knowledge of the consummate excellence you so cordially honor. Desperate, indeed, is any attempt on earth to meet correspondently this dispensation of heaven; for, while with pioua resignation we submit to the will of an all-gracious Provi- dence, we can never cease lamenting, in our finite view of Omnipotent wisdom, the heart- rending privation for which our nation weeps. When the civilized world shakes to its centre ; * SuUiTan's Familiar Letters. + National Intelligencer ; Lee's Memoirs : and the Life tf Kieliard Henry Lee, vol. 1. i A Funeral Oration in honor of the memory of George "Washington, late General of the Armies of the United Btates; prepared and delivered at the request of Congress, at the German Lutheran Church, Philadelphia, on Thurs- day, the 26th of December, by Maior General Henry Lee, one of the Kepresentatives from the State of Virginia. 29 when every moment gives birth to strange and momentous changes ; when our peaceful quar- ter of the globe, exempt as it happily has been from any share in the slaughter, of the humau race, may yet be compelled to abandon her pacific policy, and to risk the doleful casualties of war; what limit is there to the extent of our loss ? None within the reach of my words to express ; none which your feelings will not disavow. The founder of our federate republic — our bulwark in war, our guide in peace, is no more ! O that this were but questionable ! Hope, the comforter of the wretched, would pour into our agonizing hearts its balmy dew. But, alas ! there is no hope for us ; our Washing- ton is removed for ever ! Possessing the stout- est frame, and purest mind, he had passed nearly to his sixty-eighth year, in the enjoy- ment of high health, when, habituated by his care of us to neglect himself, a slight cold, dis- regarded, became inconvenient on Friday, op- pressive on Saturday, and, defying every medi- cal interposition, before the morning of Sunday, put an end to the best of men. An end did I say ? — ^his fame survives ! bounded only by the limits of the earth, and by the extent of the human mind. He survives in our hearts, iu the growing knowledge of our children, in the affection of the good throughout the world: and when our monuments shall be done away ; when nations now existing shall be no more ; when even our young and far-spreading empire shall have perished, still wiU our Washiu-gton's 450 HENRY LEE. glory unfaded shine, and die not, until love of virtue cease on earth, or earth itself sinks into chaos. How, my fellow-citizens, shall I single to your grateful hearts his pre-eminent worth? Where shall I begin in opening to your view a character throughout sublime? Shall I speak of his warlike achievements, a3 springing from obedience to his country's will — aU directed to his country's good ? Will you go with me to the banks of the Monongahela, to see your youthful Washing- ton, supporting, in the dismal hour of Indian victory, the ill-fated Braddock, and saving, by his judgment and by his valor, the remains of a defeated army, pressed by the conquering sav- age foe; or, when oppressed America, nobly resolving to risk her all in defence of her vio- lated rights, he was elevated by the unanimous voice of Congress to the command of her ar- mies? Will you follow him to the high grounds of Boston, where, to an undisciplined, courageous, and virtuous yeomanry, his pres- ence ^ave tJ^e stability of system, and infused the invincibility of love of country ; or shall I carry you to the painful scenes of Long Island, York Island, and New Jersey, when, combat- ing superior and gallant armies, aided by pow- erful fleets, and led by chiefs high in the roll of fame, he stood, the bulwark of our safety, un- dismayed by disaster, unchanged by change of fortune ? Or will you view him in the preca- rious fields of Trenton, where deep gloom, un- nerving every arm, reigned triumphant through our thinned, worn doAvn, unaided ranks ; him- self unmoved? Dreadful was the night. It was about this time of winter, the storm raged, the Delaware rolling furiously with floating ice, forbade the approach of man. Washington, self-collected, viewed the tremendous scene; his country called; unappalled by surrounding dangers, he passed to the hostile shore ; he fought ; he conquered. The morning sun cheer- ed the American world. Our country rose on the event; and her dauntless chief, pursuing his blow, completed, in the lawns of Prince- ton, what his vast soul had conceived on the shores of Delaware. Thence to the strong grounds of Morristown, he led his small but gallant band ; and through an eventful winter, by the high efforts of his genius, whose matchless force was measurable only by the growth of difficulties, he held in check formidable hostile legions, conducted by a chief, experienced in the art of war, and famed for his valor on the ever memorable heights of Abraham, where fell Wolfe, Mont- calm, and since, our much lamented Montgom- ery, all covered with glory. In this fortunate interval, produced by his masterly conduct, our fathers, ourselves, animated by his resistless example, rallied around our country's standard, and continued to follow her beloved chief through the various and trying scenes to which the destinies of our Union led. Who is there that has forgotten the vales of Brandywine, the fields of Germantowu, or the plains of Monmouth? Every where present, wants of every kind obstructing, numerous and valiant armies encountering, himself a host, he assuaged our sufferings, limited our privations, and upheld our tottering republic. Shall I dis- play to you the spread of the fire of his soul, by rehearsing the praises of the hero of Sarar toga, and his much loved compeer of the Oaro Unas ? No ; our Washington wears not bor- rowed glory. To Gates — to Greene, he gave without reserve the applause due to their emi- nent merit ; and long may the chiefs of Sara- toga, and of Eutaw, receive the grateful respect of a grateful people. Moving in his own orbit, he imparted heat and light to his most distant satellites ; and combining the physical and moral force of all within his sphere, with irresistible weight he took his course, commiserating folly, disdaining vice, dismaying treason, and invigorating de- spondency ; until the auspicious hour arrived, when, united with the intrepid forces of a po- tent and magnanimous ally, he brought to sub- mission the since conqueror of India ; thus fin- ishing his long career of military glory -vsith a lustre corresponding to his great name, and in this, his last act of war, afiBxing the seal of fate to our nation's birth. To the horrid din of battle, sweet peace suc- ceeded; and our virtuous Chief, mindful only of the common good, in a moment tempting personal aggrandizement, hushed the discon- tents of growing sedition; and surrendering his power into the hands from which he had received it, converted his sword into a plough- share, teaching an admiring world that to be truly great, you must be traly good. Were I to stop here, the picture would be in- complete, and the task imposed unfinished. Great as was our Washington in war, and as much as did that greatness contribute to pro- duce the American Republic, it is not in war alone his pre-eminence stands conspicuous. His various talents, combining all the capacities of a statesman, with those of a soldier, fitted him alike to guide the councils and the armies of our nation. Scarcely had he rested from his martial toils, while his invaluable parental ad- vice was still sounding in our ears, when he, who had been our shield and our sword, was called forth to act a less splendid, but more im- portant part. Possessing a clear and penetrating mind, a strong and sound judgment, calmness and tem- per for deliberation, with invincible firmness and perseverance in resolutions maturely form- ed ; drawing information from all ; acting from himself, with incorruptible integrity and un- varying patriotism ; his own superiority and the public confidence alike marked him as the man designed by heaven to lead in the great political as well as military events which have distinguished the era of his life. The finger of an overruling Providence, pointing at Washington, was neither mistaken EULOGY ON WASHINGTON. 451 nor unobserved ; -when, to realize the vast hopes to which our Revohition had given birth, a change of political system became indispen- sable. How novel, how grand the spectacle ! Inde- pendent States, stretched over an immense ter- ritory, and known only by common difficulty, clinging to their union as the rock of their safety, deciding by frank comparison of their relative condition, to rear on that rock, under the guidance of reason, a common government through whose commanding protection, liberty and order, with their long train of blessings, should be safe to themselves, and the sure in- heritance of their posterity. This arduous task devolved on citizens select- ed by the people, from knowledge of their wis- dom and confidence in their virtue. In this august assembly of sages and of patriots, Wash- ington of course was found ; and as if acknow- ledged to be most wise where all were wise, with one voice he was declared their chief. How well he merited this rare distinction, how faithful were the labors of himself and his com- patriots, the work of their hands and our union, strength and prosperity, Uie fruits of that work, best attest. But to have essentially aided in presenting to his country this consummation of her hopes, neither satisfied the claims of his fellow-citizens on his talents, nor those duties which the pos- session of those talents imposed. Heaven had not infused into his mind such an uncommon share of its ethereal spirit to remain unem- ployed ; nor bestowed on him his genius unac- companied with the corresponding duty of devoting it to the common good. To have framed a constitution, was showing only, with- out realizing, the general happiness. This great work remained to be done ; and America, steadfast in her preference, with one voice summoned her beloved Washington, unprac- tised as he was in the duties of civil adminis- tration, to execute this last act in the completion of the national felicity. Obedient to her call, he assumed the high oflSce with that self-dis- trust peculiar to hi? innate modesty, the con- stant attendant of pre-eminent virtue. What was the burst of joy through our anxious land, on this exhilarating event, is known to us all. The aged, the young, the Ijrave, the fair, rival- ed each other in demonstrations of their grati- tude ; and this high-wrought, delightful scene, was heightened in its effect, by the singular contest between the zeal of the bestowers and the avoidance of the receiver of the honors bestowed. Commencing his administration, what heart is not charmed with the recollec- tion of the pure and wise principles announced by himself, as the basis of his political life ! He best understood the indissoluble union be- tween virtue and happiness, between duty and advantage, between the genuine maxims of an honest and magnanimous policy and the solid rewards of public prosperity and individual felicity ; watching, with an equal and compre- hensive eye, over this great assemblage of com- munities and interests, he laid the foundations of our national policy in the unerring, immu- table principles of morality, based on religion, exemplifying the pre-eminence of a free govern- ment, by all the attributes which win the afieo- tions of its citizens, or command the respect of the world. " fortunatos nimium, sua si bona norint! " Leading through the complicated difiioulties produced by previous obligations and conflict- ing interests, seconded by succeeding Houses of Congress, enlightened and patriotic, he sur- mounted all original obstruction, and bright- ened the path of our national felicity. The presidential term expiring, his solicitude to exchange exaltation for humility, returned with a force increased with increase of age ; and he had prepared his farewell address to his countrymen, proclaiming his intention, when the united interposition of all around him, en- forced by the eventful prospects of the epoch, produced a further sacrifice of inclination to duty. The election of President followed, and Washington, by the unanimous vote of the na- tion, was called to resume the chief magistracy. What a wonderful fixture of confidence ! Which attracts most our admiration, a people so cor- rect, or a citizen combining an assemblage of talents forbidding rivalry, and stifling even envy itself? Such a nation ought to be happy, such a chief must be forever revered. War, long menaced by the Indian tribes, now broke out; and the terrible conflict, deluging Europe with blood, began to shed its baneful influence over our happy land. To the first, outstretching his invincible arm, under the or- ders of the gallant Wayne, the American Eagle soared triumphant through distant forests. Peace followed victory; and the melioration of the condition of the enemy, followed peace. Godlike virtue, which uplifts even the subdued To the second he opposee' himself. New and delicate was the conjuncture, and great was the stake. Soon did his penetrating mind discern and seize the only course, continuing to us all the felicity enjoyed. He issued his proclama- tion of neutrality. This index to his whole subsequent conduct, was sanctioned by the ap- probation of both Houses of Congress, and by thp approving voice of the people. To this sublime policy he inviolably adhered, unmoved by foreign intrusion, unshaken by domestic turbulence. " Justum et tftnacem propositi virum, Non civium ardor prava jubentium, Non vultus instantis tyranni, Mente quatit solida." Maintaining his pacific system at the expense of no duty, America, faithful to herself, and unstained in her honor, continued to enjoy the delights of peace, while afflicted Europe mourns in every quarter, under the accumulated mise i52 HEKEY LEE. ries of an unexampled war ; miseries in ■wMoh our happy country must have shared, had not our pre-eminent "Washinghon been as firm in council, as he was brave in the field. Pursuing steadfastly his course, he held safe the public happiness, preventing foreign war, and quelling internal discord, till the revolving period of a third election approached, when he executed his interrupted but inextinguishable desire of returning to the humble walks of pri- vate life. The promulgation of his fixed resolution, stopped the anxious wishes of an affectionate people from adding a third unanimous testimo- nial of their unabated confidence in the man so long enthroned in their hearts. When before was affection like this exhibited on earth ? Turn over the records of ancient Greece ; review the annals of mighty Rome ; examine the volumes of modern Europe ; you search in vain. Ame- rica and her WASHruGTOisr only afibrd the digni- fied exemplification. The illustrious personage, called by the na- tional voice in succession to the arduous oflice of guiding a free people, had new difiiculties to encounter. The amicable effort of settling our difBculties with France, begun by WASHiNQ-TOif, and pursued by his successor in virtue as in station, proving abortive, America took mea- sures of self-defence. No sooner was the pub- lic mind roused by a prospect of danger, than every eye was turned to the friend of all, though secluded from public view, and gray in public service. The virtuous veteran, following his plough, received the unexpected summons with mingled emotions of indignation at the unmeri- ted all-treatment of his country, and of a deter- mination once more to risk his all in her de- fence. The annunciation of these feelings, in his af- fecting letter to the President, accepting the command of the army, concludes ''-is oflicial conduct. First in war, first in peace, and first in the hearts of his countrymen, he was second to none in the humble and endearing scenes ol private life. Pious, just, humane, temperate and sincere ; uniform, dignified, and command ing, his example was as edifying to all around him as were the effects of that example lasting. To his equals he was condescending ; to his inferiors kind ; and to the dear object of his affections exemplarily tender. Correct through- out, vice shuddered in his presence, and virtue always felt his fostering hand ; the purity of his private character gave effulgence to his public virtues. His last scene comported with the whole te- nor of his life : although in extreme pain, not a sigh, not a groan escaped him ; and with un- disturbed serenity he closed his wellspent life. Such was the man America has lost ! Such was the man for whom our nation mourns ! Methinks I see his august image, and hear, falling from his venerable lips, these deep sink- ing words : " Oease, sons of America, lamenting our sep- aration : go on, and confirm by your wisdom the fruits of our joint counsels, joint efforts, and common dangers. Reverence religion ; diffuse knowledge throughout your land; patronize the arts and sciences ; let liberty and order be inseparable companions; control party spirit, the bane of free government; observe good faith to, and cultivate peace with all nations ; shut up every avenue to foreign infiuence ; con- tract rather than extend national connexion : rely on yourselves only; be American in thought and deed. Thus wUl you give immor- tality to that Union, which was the constant object of my terrestrial labors. Thus will' you preserve, undisturbed to the latest posterity, the felicity of a people to me most dear : and thus wiU you supply (if my happiness is now aught to you) the only vacancy in the round of pure bliss high heaven bestows " IT.T D.Appler-on & C '^ GOUVERNEUR MORRIS. KicHAED MoKBia, the great-granclfa,t]ier of Gouverneur, and the first of his a: cestors who emigrated to America, left England in the time of Oromwell, and settled in the West Indies, from whence he removed to New York, as early as the year 1670. Here he became possessed of an estate, containing more than three thousand acres of land, situated about ten mUes from the city, and near the town of Harlem. Subsequently this domain was inrested with manorial privileges, and received the name of Morrisania. In 1672 Eichard Morris, and Sarah his wife, died, leaving a son called Lewis, about six months old, entirely in the hands of strangers, who were appointed by the government to take care of him.* After the surrender of New York to the English, by the peace of 1674, his uncle, Captain Lewis Morris,t emigrated from the island of Barbadoes to America, and, settling at Morrisania, took him under bis care, and finally made him heir to his^fortune. The youth of Lewis Morris, the nephew, was wild and frivolous. Smith, the colonial histo- rian of New York, records an incident of his early career. "Hugh Oopperthwait, a Quaker zealot, was young Morris's preceptor ; the pupil taking advantage of his enthusiasm, hid himself in a hoUow tree, and calling to him, ordered him to preach the gospel among the Mohawks. The credulous Quaker took it for a miraculous call, and was upon the point of setting out, when the cheat was discovered." Endued with strong passions, young Morris gave frequent offence to his uncle, and, on one of those occasions, through fear of his resentment, " strolled away into Virginia, and thence to Jamaica, in the West Indies, where, to support himself, he set up for a scrivener." Some time after, tired of a life of dissipation and dependence, he returned to his uncle's roof, where ho was received with joy and kindness. Possessed of solid natural powers and ambitious of preferment, ne soon entered upon public life, in which he afterward exerted the greatest influence. He was one of the Council of the Province of New Jersey, and, in 1692, a judge of the Supreme Court • History of New York, by William Dunlap, vol. 1, page 272. t The Morris family were originally of Welsh extraction. It was represented in 1635 by three brothers, Lewis, William, Rnd Richard Morris. Lewis, who inherited the paternal estate of Tintern, raised a troop of horse in support of the Parlia' meut, for which Charles the First confiscated his estates in Monmouthshire. In retarn for his losses, Oliver Cromweli subsequently indemnified him. At the attack upon Chepstow Castle, which was defended by Sir Nicholas Kemish, the king's general, Lewis Morris was the second in command. After an obstinate resistance the garrison was reduced, by cut- ting off the supply of water which ran through the estate of Pearcefleld, the n owned by Colonel Morris's son-in-law, John Walters, and setting fire to the castle. From this circumstance, the family assumed as their crest a castle in fiames, with the following motto: "Tandem vincitur" — at length Jie is conquered / In 1654 ho was despatched by Cromwell to the Spanish West Indies, with orders to make himself master of those seas. In this undertaking he was aided by his nephew, Captain John Morris, who had been long settled on the Island of Barbadoes. While in this service. Captain Lewis Morris purchased a largo estate in that island. When the Protector sent forces to attack Hispaniola, under Admirals Perin and Venables, he forwarded a vacant regiment and a colonel's commission to him, with the instructions that the forces were to land as directed by Colonel Morris. The failure of the expedition is said to have been owing, in a gi-eat measure, to a non-compliance with hi^irections. In the attack upon the Island of Jamaica, Lewis was second in command. On the restoration of King Charles the Second, Colonel Morris deemed it prudent not to return to England, where his family had played so bold a part. In 1668 he, with others, purchased the Island of St. Lucia of Amiwatta Baba, chief proprietor of the Carribee Islands, and in 16T4 he emigrated to America.— .Boftow's Bistory oj Westchester OownPy, vol. 2, page 285. t54 GOUVEENEUR MORRIS. there. Subsequently, for several years, lie was a member of the assembly of that colony, and became its first governor, on its establishment as a separate province from New York. He alsc occupied the office of Chief Justice of New York. Shortly after his return from the West Indies, he was married to a Miss Graham,* by whom he had twelve children, four sons and eight daughters. His two eldest sons, Lewis and Robert Hunter, became distinguished in public service. Lewis, the father of Gouverneur Morris, the subject of the present sketch, resided on the family estate at Morrisania, and at an early age was a member of the New York Legislature. During the latter years of his life he was judge of Vice- Admiralty of New York, having juris- diction also over all maritime affairs in Connecticut and New Jersey. He had eight children, of whom four were sons. Gouverneur was the youngest by a second marriage, and was born at Morrisania, on the thirty-first of January, 1752. At an early age he was placed in the family ot M. Tetar, at New Roohelle, where he acquired a thorough knowledge of the French language, which, in after life, he wrote and spoke with nearly as much fluency and correctness as his na- tive tongue.t After due preparation he entered King's, now Columbia OoUege, where he grad- uated on the seventeenth of May, 1768. In the exercises of the commencement, he pronounced an oration on Wit and Beauty, in which he "acquitted himself with credit, and won the ap- plause of his auditory." On leaving college he was presented with a sUver medal, by the liter- ary society connected with the coUege.J Having resolved to devote himself to the profession of the law, he commenced a course of study under the direction of William Smith, at that time one of the most eminent lawyers, and subsequently chief justice of the province of New York.§ In May, 1771, he received his second degree, and, in accordance with the custom then prevailing in the higher educational institu- tions of the country, delivered another oration. His subject at this time was Love. In that eflbrt he treated of the objects and uses of love ; of love as a religious sentiment, of benevolence and patriotism, of parental, filial, and connubial love, and traced the consequences of that all- pervading principle on the order of nature and condition of men. Of the love of country, he eloquently spoke. "There is some secret principle within us," he said, "some innate tender- ness for that spot where we first drew our breath, first saw the light, the scene of our infant ioys, some gentle effusion of divinity congenial with the soul, which enforces it fdr beyond the power of reason. This is a universal principle of patriotism confined by no bounds. It rules in all countries and in all nations. The sons of tyranny acknowledge it ; the meanest slave has through this, an affection for his country. What then must be his love, who has tasted liberty at the fountain, who lives under a constitution dispensing the joys of freedom wherever it pre- vails, who possesses the sacred rights of a British subject ; rights torn from the heart of tyran- ny, nourished with the best blood of his ancestors, and transmitted to him on the point of their swords ! A Briton's love of country is fixed on the solid basis of freedom. Liberty ! Nurse of heroes ! Parent of worth ! Best blessing of society ! Long continue to smile npon this happy soil. Grant that my countrymen may feel the fulness of thy infiuenee, that they may nobly advance under the shadow of thy wings in the pursuit of true glory, rise virtuously supe- rior to the ills of fortune, and attain to that perfection, in attempting to acquire which, the Ro- mans failed. May they ever be loyal, may they ever be free." 1 In the winter of 1769, a project for raising money by issuing bills of credit, was brought be- fore the Assembly of New York. As this money was to pay the debts of the colony, it was popular with the people ; but some of "the sensible men of the province," were opposed to the scheme, seeing no absolute relief in it, and an increase of difficulties at the end. At this time, young Morris entered upon the discussion of the question. He wrote anonymously against the project, and deprecatel " the evil of a paper currency, as no other than a mischievous pretence * The History of the Province of New York, from i^ first discovery to the year 1732, by William Smith. Edition 1761 t Life of Gouverneur Morris, by Jared Sparks, vol. 1, page 4, ' ^ Holt's New Tork Journal ; or the General Advertiser, of May 26th, 1768. ' § See notice of Judge Smith, at page 88, ante. II New York Gazette and Weekly Mercury, of May 27th. 1771. Life of OocrvGrneur Morris, vol. 1, page 13. GOUVERNEUR MORRIS. 455 for putting off a day of payment, which must come at some time, and which ought to be met promptly by substantial funds collected from the resources of the province." He commenced the practice of law, as an attorney, in October, 1771, and soon gave proofs of his extensive powers and extraordinary eloquence. • ' In 1775, he was chosen a member of the Provincial Congress of l^Tew York, in which body he attracted attention by a report and speech on the mode of emission of a paper currency by the C'xjntinental Congress. In the fall of 1777, he was appointed a delegate to the General Congress, then in session at Yorktown, Pennsylvania ; Philadelphia being in the hands of the British. A short time after his arrival at the Congress, he was appointed on a committee to investigate the state of the American army, then at VaUey Eorge, enduring unparalleled sufferings, from the effects of exposure, want of clothing and of food, and to report such measures as should be deemed necessary for its relief. Here the committfee remained three months, during which time they prepared a new plan for the army, and, about the middle of April, 1778, returned to Yorktown. Mr. Morris resumed his congressional labors with zeal, and was of great service in ad- vancing measures for the better support and efficiency of the American forces. He was, at an early day, placed on several committees, that required constant attention and gi-eat exertion. Here also he commenced a correspondence with General Washington, which continued, with slight interruptions, while Mr. Morris was in Congress : a correspondence which evinces the mutual regard and confidence which existed between those eminent men at that time, and which continued unabated until the close of their lives. In 1780, being no longer in a public position, Mr. Morris established himself in Philadelphia, and resumed the practice of his profession. In the early portion of that year, he wrote a series of papers on finance, which were published in the Pennsylvania Packet, over the signature ol An Ameriean. Early in the month of May, 1780, he was thrown from his carriage, and injured to such an extent as to render the amputation of his left leg necessary. During the operation, he maintained great cheerfulness and elasticity of spirits, even while suffering intense pain. The day following the accident, a friend called to see him, who thought it his duty to offer as much consolation as he could, on an event so melancholy. He enlarged upon the good effects which such a trial would produce on his character and moral temperament, and the diminished in- ducements it would leave for seeking the pleasures and dissipations of life, into which young men are too apt to be led. "My good sir," replied Mr. Morris, " you argue the matter so hand- somely, and point out so clearly the advantages of being without legs, that I am almost tempted to part with the other." On another similar occasion, he remarked, " O, sir, the loss is much less than you imagine ; I shall doubtless be a steadier man with one leg than with two." * A plain wooden leg was substituted for his loss, " and he soon acquired such a facility in its use, that it gave him little trouble, either in walking or in the other movements of the body." In July, 1781, Mr. Morris was appointed assistant to Robert Morris, the superintendent of the finances of the United States, and remained in that position, closely devoting himself to its duties, during the space of three years. After the war he resigned, and again entered upon the practice of the law, at the same time continuing his connection with Robert Morris in private commercial enterprises. On the death of his mother, in 1786, he became possessed of the estate at Morrisania, by purchase, but he did not take up his residence there for several years. In 1787, he was a member of the Federal Convention from the State of Pennsylvania, and con- tinued in that body during the whole of its deliberations, with the exception of a few days which were devoted to the arrangement of his private affairs. His services at this time can best be estimated from the following portion of a letter from James Madison, of the date, April 8th, 1831 : "It may be justly said, that he was an able, an eloquent, and an active member. * * Tbejinish given to the style and arrangement of the constitution fairly belongs to the pen of Mr. Morris ; the task having, probably, been handed over to him by the chairman of the committee, himself a highly respectable member, and with the ready concurrence of the others. A better choice could not have been made, as the performance of the task proved. It is tru« * Life of Gouverneur Morris, by Jared Sparks, Tol. 1, page 228. t56 GOUVEENEUR MORRIS. that the state of the materials, consisting of a reported draft in detail, and subsequent resolutions accurately penned, and falling easUy into their proper places, was a good preparation for the symmetry and phraseology of the instrument, but there was sufficient room for the talents and taste stamped by the author on the face of it." * On the eighteenth of December, 1788, Mr. Morris embarked for France, and early in Febru- ary of the next year, arrived at Paris. His duties at this time were altogether of a commercial nature. Among the various incidents of this portion of his life are the following, recorded by Tuokerman, in his faithful and classic sketch of Mr. Morris : — " When abroad he tried several very artistic substitutes for his lost membei; ; but, naturally impatient of deception, even in cos- tume, he continued to use a stump attached to the fractured leg, and managed to accommodate his locomotion to this inconvenience without in the least impairing the dignity of his move- ments. Indeed, it served him an excellent purpose on one occasion, for the cry of 'Aristocrat ! ' being raised against him in the streets of Paris, for appearing in his carriage, when no such vehicles were allowed by the mob, he was surrounded by a bloodthirsty crowd, who threatened his life; but he coolly thrust his wooden leg out of the window, .and cried out, 'An aristocrat? Yes ; who lost his limb in the cause of American liberty I ' The reaction was instantaneous ; he was not bnly allowed to proceed, but vehemently cheered on his way."t Early in 1791, President "Washington appointed Mr. Morris a private agent to settle with the English government the unaccomplished articles of the treaty of peace ; and in the follow- ing year he was delegated minister to the Court of France. He continued in this office until the fall of 1794, when he was succeeded by Mr. Monroe. The several subsequent years which he passed in Europe, were spent in travelling, and in the arrangement of his business relations. In 1799, the year after his return to America, he was chosen to the Senate of the United States, and in May, 1800, he joined that body at Philadelphia. Here he became celebrated as one of the most influential and zealous of the federal party. His speeches on the judiciary and the Mississippi question are elaborate, and evince the best characteristics of senatorial elo- quence, t At the close of his term, in 1803, he retired to his estate at Morrisania, where he passed the remainder of his life. During the winter of 1809, he married Miss Anne Gary Randolph, a native of Virginia, distinguished by birth, accomplishments in mind, and person ; with whom he passed the " even- ing of his day " in continued satisfaction and happiness. After a short illness, he died on the sixth of November, 1816. From the nature of his dis- ease, he was aware that his hours were numbered. On the morning of his death he inquired of a near relative, what kind of day it was. "A beautiful day," answered his nephew. " The air is soft, the sky cloudless, the water like crystal ; you hear every ripple, and even the plash of the steamboat wheels on the river ; it is a beautiful day." The dying man seemed to take in this description with that zest for nature, which accorded with the poetic instinct of his charac- ter. Like Webster, his mind reverted to Gray's Elegy : he looked at the kind relative and re- peated his last words, "A beautiful day ; yes, but - who, to dumb forgetfulness a prey, This pleasing, anxious being e'er resigned, Left the warm precincts of the cheerful day, Nor cast one longing, lingering look behind ? " f * Life of Gouverneur Morris, by Jared Sparks, vol. 1, page 284. t Biographical Essays by Henry T. Tiickerman, page 424. X Among the literary productions of Mr. Morris, were published, Ol>sersaMons on the American HevoluHon, in 1779; Address agm-nst the Abolition of the Bank of North America^ in 1785 ; Eulogies on Washington, Hamilton, and George Clinton ; An Oration before the New Yorlc Historical Society, in 1812 ; another on the RestoraUon of the Sourions in France, in 1814; and an Inangural Discourse, as president of the New York Historical Society, September 4th, 1S16. His life, with selections from his correspondence, was published by Jared Sparks, LL.D., in three volumes, 8vo., 1832. § Comparison of Webster and Morris, in the speech of Doctor John W. Francis, at the seventy-eecond anniversary of kbc birthday of Daniel Webster, January 18th, 1854. SPEECH ON THE JUDICIARY. 45'i SPEECH ON THE JUDICIARY. Mr. Morris delivered this speech in the Sen- ate of the United States, on the fourteenth of lanuary, 1802, on the motion, "Sesohed, That the act of Congress, passed on the thirteenth day of Fehruary, 1801, entitled, 'An act to pro- vide for the more convenient organization of the Courts of the United States,' ought to be repealed." * Me. President : I had fostered the hope that some gentleman, who thinks with me, would have taken upon himself the task of replying to the observations made yesterday, and this morning, in favor of the motion on your table. But since no gentleman has gone so fully into the subject as it seems to require, I am com- pelled to request your attention. We were told, yesterday, by the honorable member from Virginia, that our objections were calculated for the bystanders, and made with a view to produce effetyt upon the people at large. I know not for whom the charge is intended. I certainly recollect no such obser- vations. As I was personally charged with making a play upon words, it may have been intended for me. But surely, sir, it will be recollected that I declined that paltry game, and declared that I considered the verbal criticism, which had been relied on, as irrelevant. If I can recollect what I said, from recoUeoting well what I thought, and meant to say, sure I am, that I uttered nothing in the style of an appeal to the people. I hope no member of this House has so poor a sense of its dignity as to make such an appeal. As to myself, it is now near thirty years since I was called into public office. During that period, I have frequently been the servant of the people, always their friend ; but at no one moment of my life their flatterer, and God forbid that I ever should be. When the honorable gentleman considers the course we have taken, he must see that the observation he has thus pointed, can light on no object. I trust that it did not flow from the consciousness of his own intentions. He, I hope, had no view of this sort. If he had, he was much, very much mistaken. Had he looked round upon those who honor us with their attend- ance, he would have seen that the splendid flashes of his wit excited no approbatory smile. The countenances of those by whom we were surrounded, presented a different spectacle. They were impressed with the dignity of this House ; they perceived in it the dignity of the American people, and felt, with high and manly sentiment, their own participation. We have been told, sir, by the honorable * See note at page 442, ante. gentleman from Virginia, that there is no in- dependent part of this government; that in popular governments the force of every depart- ment, as well as the government itself, must depend upon popular opinion. The honorable member from North Carolina has informed us, that there is no check for the overbearing powers of the legi.'