ity to recommend what they please: this recommendatory power reduces them to the condition of poor supplicants. Consider the dignified language of the members of the American congress-May it please your high mightinesses of Virginia to pay your just proportionate quota of our national debt: we humbly supplicate, that it may please you to comply with your federal duties! We implore, we beg your obedience! Is not this, sir, a fair representation of the powers of congress? Their operations are of no validity when counteracted by the states. Their authority to recommend 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? Suppose, for instance, you only vested it with the legislative and executive powers, without any control on the judiciary, what must be the result? Are we not taught by reason, experience and governmental history, that tyranny is the natural and certain consequence of uniting 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, terminate in the destruction of liberty. In the most important cases, the assent of nine states is necessary to pass a law: this is too great a restriction, and whatever good consequences it may in some cases produce, yet it will prevent energy in many other cases; it will prevent energy, which is most necessary on some emergencies, even in cases wherein the existence of the community depends on vigor and expedition. It is incompatible with that secrecy which is the life of execution and despatch. Did ever thirty or forty men retain a secret? Without secrecy no government can carry on its operations on great occasions: this is what gives that superiority in action to the government of one. If any thing were wanting to complete this farce, it would be that a resolution of the assembly of Virginia and the other legislatures, should be necessary to confirm and render of any validity the congressional acts: this would openly discover the debility of the general government to all the world. But, in fact, its imbecility is now nearly the same as if such acts were formally requisite. An act of the assembly of Virginia, controverting a resolution of congress, would certainly prevail. I therefore conclude that the confederation is too defec

tive to deserve correction. Let us take farewell of it with reverential respect, as an old benefactor. It is gone, whether this house says so or not. It is gone, sir, by its own weakness.

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 honorable gentleman over the way (Mr. George Mason), that a republican government is impracticable 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 government as laid down by a man who is highly esteemed. Montesquieu, so celebrated among politicians, says, "that a republican government is that in which the body, or only a part of the people, is possessed of the supreme power; a monarchical, that in which a single person governs, by fixed and established laws; a despotic government, that in which a single person, without law and without rule, directs every thing, by his own will and caprice." This author has not distinguished a republican government 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 people, the government may be deemed free. When laws are made with integrity, and executed 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 country, 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 adoption of a good government. No 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 tyranny is as easily introduced into a small as into a large district. If it be answered, that some of the most illustrious and distinguished authors are of a contrary opinion, I reply, that authority has no weight with me, till I am convinced 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 investing it with the power of taxation; but this would require more time than my strength or the patience of the committee would now admit of. I shall conclude with a few observations,

which come from my heart. I have labored for the continuance of the union-the rock 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 American 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 admiration 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 government. Should any writer, doomed to so disagreeable a task, feel the indignation of an honest historian, he would reprehend and recriminate 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 will remain so forever. I believe gentlemen are sincere in their opposition, and actuated by pure motives; but when I maturely weigh the advantages of the union, and dreadful 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 annihilated by the other, I cannot hesitate to decide in favor of the former. I hope my weakness, from speaking so long, will apologize for my leaving this subject in so mutilated a condition. If a further explanation be desired, I shall take the liberty to enter into it more fully another time.

SPEECH OF PATRICK HENRY,

ON THE EXPEDIENCY OF ADOPTING THE

FEDERAL CONSTITUTION,

DELIVERED IN THE CONVENTION OF VIRGINIA, JUNE 7, 1788.

MR. CHAIRMAN,

I have thought, and still think, that a full investigation of the actual situation of America ought to precede any decision 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 adoption 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 benefit 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 liberties 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 free people ought ever to abandon; maxims, of which the observance is essential to the security of happiness. It is impiously irritating the avenging hand of Heaven, when a people, who are in the full enjoyment of freedom, launch out into the wide ocean of human affairs, 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 admiration and engaged the attention of the virtuous and wise in all nations, and have stood the shock of ages. We do not now admit the validity of maxims which we once delighted in. We have since adopted maxims of a different, but more refined nature; new maxims, which tend to the prostration of republicanism.

We have one, sir, that all 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 admirable maxims.

Now, sir, I say, let us consider, whether the picture given of American affairs ought to drive us from those beloved maxims.

The honorable gentleman (Mr. Randolph) has said, that it is too late in the day for us to reject this new plan. That system which was once execrated by the honorable member, must now be adopted, let its defects be ever so glaring. 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 excuse me, if they should declare, again and again, that it is too late, and I should think differently. 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 consideration, wisely constructed, let us receive it; but, sir, shall its adoption, by eight states, induce us to receive it, if it be replete with the most dangerous defects? They urge, that subsequent amendments are safer than previous amendments, and that they will answer the same ends. At present, we have our liberties and privileges in our own hands. Let us not relinquish them. Let us not adopt this system till we see them secured. There is some small

possibility, that should we follow the conduct of Massachusetts, amendments might be obtained. There is a small possibility of amending any government; but, sir, shall we abandon our inestimable 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 dangerous 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 vanished;

* Mr. Randolph had addressed a letter on that subject to the speaker of the house of delegates.