USA > Virginia > The history of the Virginia federal convention of 1788, with some account of eminent Virginians of that era who were members of the body, Vol. I > Part 17
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shalling of their absurdities and inconsistencies, he could pro- duce in the way of argument an effect similar to that wrought by a faculty which he did not possess, and of which in his busy and speculating life he never felt the want. He now rose to address himself specially to Henry, and analyzed his arguments with a severity of discrimination that neither Madison, who never forgot the statesman in the debates, nor Randolph, who, under the pressure of the interminable topics crowding upon him, was compelled to pass over many, and to touch lightly upon others, could not well imitate. On this occasion, as on others, Nicholas was fortunate in his reporter. He discussed a single topic at a time ; his style of argument was clear and was within the reach of the stenographer, who, by the aid of his recollections and by his own skill in argument, could impart a completeness to a speech of Nicholas, which is almost wholly wanting to the speeches of Henry and Randolph, and even of Madison.
He began by saying that if the resolution taken by the House of going regularly through the system, clause by clause, had been followed, he could have confined himself to one particular paragraph; but as, to his surprise, the debates have taken a dif- ferent turn, he would follow the train of the argument of the gentleman in opposition. Then, addressing himself to Henry, "the worthy gentleman," he said, " entertained us very largely on the impropriety and dangers of the powers given by this plan to the general Government ; but his argument appears to me in- conclusive and inaccurate. It amounts to this : that the powers given to any government ought to be small ; a new idea in poli- tics. Powers being given for some certain purpose ought to be proportionate to that purpose, or else the end for which they were delegated will not be assured. If a due medium be not observed in the delegation of such powers, one of two things must happen : if they be too small, the Government must moulder and decay away ; if too extensive, the people must be oppressed. As there can be no liberty without government, it must be as dangerous to make powers too limited as too great. He objects to the expression 'We, the people,' and demands the reason why they had not said, 'We, the United States of America.' In my opinion, the expression is highly proper : it is submitted to the people, because on them it is to operate ; till adopted, it is but a dead letter, and not binding on any one ; when adopted, it
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becomes binding on the people who adopted it. It is proper on another account. We are under great obligations to the Federal Convention for securing to the people the source of all power." He then animadverts on the difficulties apprehended from two sets of collectors, from direct taxes, from a reduction of the number of representatives, from being taxed without our con- sent, from the suspension of the writ of habeas corpus, and from the want of responsibility, discussing each topic with syllogistic force, and following Henry step by step throughout his speech. One argument on the subject of Northern influence has an inter-
est at this day. " The influence," he observed, "of New Eng- land and the other Northern States is dreaded ; there are appre- hensions of their combining against us. Not to advert to the improbability and illiterality of this idea, it must be supposed that our population will in a short period exceed theirs, as their country is well settled, and we have very extensive uncultivated tracts. We shall soon outnumber them in as great a degree as they do us at this time; therefore, this Government, which, I trust, will last to the remotest ages, will be very shortly in our favor." His answer to the argument on the want of responsi- bility in the representatives of the new Constitution shows the summary manner in which he dealt with the objections of Henry. " We are told," he said, "that there is wanting in this Govern- ment that responsibility which has been the salvation of Great Britain, although one-half of the House of Commons pur- chase their seats. It has already been shown that we have much greater security from our federal representatives than the people in England can boast. But the worthy member has found out a way of solving our difficulties. He tells us that we have nothing to fear if separated from the adopting States ; but to send on our money and men to Congress. In that case, can we receive the benefits of the union? If we furnish money at all, it will be our proportionate share. The consequence will be that we shall pay our share without the privilege of being represented. So that, to avoid the inconvenience of not having a sufficient number of representatives, he would advise us to relinquish the number we are entitled to, and have none at all." This speech would have been received in such a body as the House of Commons with
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. heartier applause than either the speech of Randolph or the speech of Madison. It is, however, the speech rather of a wily
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logician whose paramount object is to overthrow his opponent, than of a politician who embraces in his view the interests of a remote posterity. It is the speech of an emissary of Westmin- ster Hall entering St. Stephen's on a special retainer, and in- structed to answer Burke's speech on American conciliation.
At the close of the speech of Nicholas, the House rose and cordial greetings were exchanged by the friends of the Constitu- tion. Even their opponents could not deny that three such speeches as had been delivered at that sitting had never before been heard in a single day in a deliberative assembly of Virginia. A contemporaneous account has come down to us. Immediately on the adjournment, Bushrod Washington wrote to his uncle that Governor Randolph made an able and elegant harangue of two hours and a half; that Madison followed with such force of reasoning and a display of such irresistible truths that opposition seemed to have quitted the field, and that Nicholas concluded the day with a very powerful speech inferior to none that had been made before as to close and connected argument. Wash- ington went so far as to say that Madison's speech had made several converts to the Constitution. 139
On the following day (Saturday, the seventh of June), as soon as some election details were disposed of, Wythe was called to the chair of the committee, the first and second sections of the Constitution still under consideration. While the expectation of the public was eager to hear the reply of Henry to the three powerful opponents who had spent the whole of the previous day in answering his objections to the Constitution, a young man whose person was unknown to the elder spectators, rose and pro- ceeded to address the House in defence of the new plan. Francis Corbin 133 was descended from an ancestor who, near the middle
132 B. Washington to G. Washington, June 6, 1788 .- Writings of Wash- ington. IX, 378, note. When Nicholas made this speech he was thirty- two; Madison and Randolph, both of whom were born in 1751, were thirty-seven.
133 Of the lineage of Robert Corbion or Corbin, who gave lands to the Abbey of Talesworth in 1154 and 1161. Francis Corbin was third in descent from Henry Corbin (and his wife, Alice Eltonhead), born 1629; came to Virginia 1654; member of the House of Burgesses for old Lancaster county, 1658-9 and of the Council from 1663 to his death, January 8, 1675; acquired a great landed estate, his seat being " Buck-
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of the seventeenth century, had emigrated to the Colony, who had acquired great wealth, and who had risen to distinction in the public councils. From the date of the arrival of the ancestor to that of the Revolution the family which he founded had en- joyed high consideration, and in the public acts and in the civil and religious proceedings relative to the county of Middlesex the name of Corbin always appears with honor.134 Inheriting from the patriarch of his race a reverence for kingly government, the representative of the family at the Revolution, then advanced in life, had been suspected of co-operating with some of his rela- tives who had taken sides with the Bristish, and had been placed under surveillance by the Convention of 1775. Francis, then a mere lad, was sent over to England and had spent the entire period of the war of the Revolution in attendance on British schools and at the University. On his return, he soon entered the Assembly, where his fine person, his polished manners, his talents in debate, his knowledge of foreign affairs, aided by the prestige of an ancient name, were observed and applauded .; He was not far from thirty and had opposed the passage of thelreso- lution convoking the meeting of Annapolis ; 135 but, fascinated by its supposed beauties, had given in his adhesion to the new system. The speech which he made sustains the reputation which he had acquired in the House of Delegates and fully evinces the zeal and success with which, amid the allurements of a fashionable residence abroad, he had cultivated the powers of his mind and the strict observation with which he had surveyed the political systems of that age. He made a neat apology for engaging in a debate in which so many older and abler men had taken part and replied in detail to the arguments of Henry. His
ingham House," in Middlesex county. He was born in 1760; sent to England at an early age and educated at Canterbury school, Cambridge, and at the Inner Temple ; returned to Virginia about 1783 and resided at "Buckingham House," and subsequently at "The Reeds," Caroline county ; member of the House of Delegates from Middlesex county 1787-1793 and other years, and of the Convention of 1788 ; died June 15, 1821 ; married Anne Munford, of "Blandfield," Essex county, Virginia .- ED.
134 Bishop Meade's Old Churches, &c., I, 357.
135 Mr. Madison states that Meriwether Smith and Corbin were the only persons who spoke against the Annapolis resolution. Madison to Monroe, January 22, 1785. See the letter in Rives' Madison, II, 65.
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definition of the new system was ingenious. "There are contro- versies," he observed, "about the name of this Government. . It is denominated by some, federal ; by others, a consolidated gov- ernment. The definition given of it by my honorable friend (Mr. Madison) is, in my opinion, accurate. Let me, however, call it by another name-a representative federal republic-as contra- distinguished from a confederacy. The former is more wisely constructed than the latter. It places the remedy in the hands which feel the disorder ; the other places the remedy in those hands which cause the disorder." Another view of this young statesman displayed a perspicuity which was not so fully appar- ent among his more prominent coadjutors and deserves to be recorded. The hostility manifested by the opponents of the Constitution was founded very much upon the belief that the ordinary revenues of the new Government would be drawn from that source ; and had such been the result, it is hardly probable that the new system would have survived the last century. Cor- bin saw the danger to which the Constitution was exposed from such a quarter, and having examined with uncommon pains and research all the records and other sources of intelligence within his reach, showed that "the probable annual amount of duties on imported articles throughout the continent, including West India produce, would, from the best calculation he could procure, exceed the annual expenses of the administration of the general Government, including the civil list, contingent charges, and the interest of the foreign and domestic debts, by eighty or ninety thousand pounds ; which would enable the United States to dis- charge in a few years the principal debts due to foreign nations ; and that in thirty years that surplus would enable the United States to perform the most splendid enterprises." He then con- cluded that no danger was to be apprehended from the power of direct taxation "since there was every reason to believe that it would be very seldom used "-a prediction which, but for two special exceptions of short duration, would have almost been strictly verified. 136
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136 Written in 1857. Corbin, in describing Henry's style, speaks of " the elegance of his periods," and he was familiar with the best models of that age. He also alludes to a motion made in the House of Delegates in 1789, which Henry approved, of vesting in Congress 10
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He spoke nearly an hour, and, on taking his seat was warmly congratulated on his chaste and statesmanlike effort. Henry then rose and expressed a wish that Randolph should continue his observations left unfinished the day before, and that he would now give him, as he had already done, a most patient hearing, as he wished to be informed of everything that gentlemen could urge in defence of that system which appeared to him so defect- ive. Randolph resumed his remarks, and spoke at great length and, perhaps, with even greater ability than he had yet done, reviewing what had been said by his opponents, pointing out in detail the defects of the Confederation, and stating some of the defects of the proposed system which had led him to withhold his signature from it in the General Convention. He gave way to Madison, who made, perhaps, the most elaborate and the most profound speech delivered during the entire session of the Con- vention, in which he exhibited with the skill of a political phil- osopher the nature and defects of the Amphyctionic and Achaian leagues of the Germanic body of the Swiss Confederation, and of the confederate government of Holland, not overlooking the ancient union of the colonies of Massachusetts, Bristol, Con- necticut, and New Hampshire, quoting his authorities in full, and concluding with an application of all the facts and reasons of his grand argument to the case in hand. Henry rose in reply. He spoke of the value of maxims, which have attracted the admira- tion of the virtuous and the wise in all nations, and have stood the shock of ages-that the bill of rights of Virginia contains those admirable maxims dear to every friend of liberty, of virtue and manhood ; that their observance was essential to our security ; that it was impiously inviting the avenging hand of Heaven, when a people, who are in the full enjoyment of freedom, launch out in the wide ocean of human affairs, and desert those maxims which alone can preserve liberty. "Now, sir," he said, "let us consider whether the picture given of American affairs ought to drive us from those beloved maxims. The honorable gentle- man (Randolph) has said it is too late in the day for us to reject this new plan. That system which was once execrated by the honorable member must now be adopted, let its defects be ever
the power of forcing delinquent States to pay their respective quotas, without, however, alluding to Henry's course on that occasion.
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so glaring. That honorable member will not accuse me of want of candor, when I cast in my mind what he has given the pub- lic,137 and compare it with what has happened since. It seems to me very strange and unaccountable that that which was the object of his execration should now receive his encomiums. Something extraordinary must have operated so great a change in his opinion. It is too late in the day! I never can believe, sir, that it is too late to save all that is precious. At present, we have our liberties and privileges in our own hands. Let us not adopt this system till we see them secure. There is some small possibility that should we follow the conduct of Massachusetts, amendments might be obtained. There is a small possibility of amending any government ; but, sir, shall we abandon our most inestimable rights, and rest their security on a mere possibility ? If it be amended every State will accede to it ; but by an impru- dent adoption in its defective and dangerous state, a schism must inevitably be the consequence. I can never, therefore, consent to hazard our most inalienable rights on an absolute uncer- tainty. You are told that there is no peace, although you fondly flatter yourselves that all is peace; no peace-a general cry and alarm in the country-commerce, riches and wealth vanished- citizens going to seek comfort in other parts of the world-laws insulted-many instances of tyrannical legislation. These things are new to me. The gentleman has made the discovery. As to the administration of justice, I believe that failure in commerce cannot be attributed to it. My age enables me to recollect its progress under the old government. I can justify it by saying that it continues in the same manner in this State as it did under the former government. As to other parts of the continent, I refer that to other gentlemen. As to the ability of those who administer our Government, I believe that they could not suffer by a comparison with those who administered it under the royal authority. Where is the cause of complaint that the wealthy go away? Is this, added to the other circumstances, of such enor- mity, and does it bring such danger over this Commonwealth as to warrant so important and so awful a change in so precipitate a
137 Governor Randolph's letter to the Speaker of the House of Dele- gates of Virginia, heretofore alluded to, which may be seen in Elliot's Debates, I, 482.
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manner ? As to insults offered to the laws, I know of none. In this respect, I believe this Commonwealth would not suffer by a comparison with the former government. The laws are as well executed and as patiently acquiesced in as they were under the royal administration. Compare the situation of the country- compare that of our citizens to what it was then-and decide whether persons and property are not as safe and secure as they were at that time. Is there a man in this Commonwealth whose person can be insulted with impunity ? Cannot redress be had here for personal insults or injuries, as well as in any part of the world ?- as well as in those countries where aristocrats and mon- archs triumph and reign? Is not the protection of property in full operation here? The contrary cannot with truth be charged on this Commonwealth. Those severe charges which are exhib- ited against it appear to be totally groundless. On a fair investi- gation we shall be found to be surrounded with no real dangers."
He adverted to the case of Josiah Philips, which Randolph had introduced, and, overlooking the fact that he had been tried on an indictment for highway robbery and not under the act of at- tainder, justified his execution on the ground of his being an out- law and enemy of the human race. He insisted that the middle and lower ranks of the people were not discontented; that if there were discontents, they existed among politicians whose microscopic vision could see defects in old systems, and whose illuminated imaginations discovered the necessity of a change. He urged that by the confederation the rights of territory were secured ; that under the new system, you will most infallibly lose the Mississippi. He declared that we might be confederated with the adopting States without ratifying this system. " You will find no reductions of the public burdens by this system. The splendid maintenance of the President, and of the members of both houses, and the salaries and fees of the swarm of officers and dependents of the Government, will cost the continent im- mense sums. Double sets of collectors will double the expenses ; to those are to be added oppressive excise men and custom- house officers. The people have an hereditary hatred of cus- tom-house officers. The experience of the mother country leads me to detest them."138
198 The hostility to tax gatherers of all kinds, which Henry here ex- pressed, as on several other occasions during the session, reminds us
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An incident in the delivery of this speech should be noted, not so much on its own account, as tending to show the temper of Randolph and Henry toward each other, which resulted the fol- lowing day in one of the most celebrated parliamentary explo- sions in our annals. In the course of his remarks Henry had animad verted upon the words "We, the people," as designed to appeal to the prejudices of the people. "The words," he con- tended, "were introduced to recommend it to the people at large-to those citizens who are to be levelled and degraded to a herd, and who, by the operation of this blessed system, are to be transformed from respectable independent citizens to abject de- pendent subjects or slaves. The honorable gentleman (Ran- dolph) has anticipated what we are to be reduced to by degrad- ingly assimilating us to a herd." Here Randolph rose and said that he did not use that word to excite any odium, but merely to convey an idea of a multitude. Henry replied that the word had made a deep impression on his mind, and that he verily believed that system would operate as he had said. He then said : "I will exchange that abominable word for requisi- tions-requisitions which gentlemen affect to despise, have noth- ing degrading in them. On this depends our political prosperity. I will never give up that darling word requisitions. My country may give it up. A majority may wrest it from me ; but I will never give it up till my grave. Requisitions are attended with one singular advantage. They are attended by deliberation."
When Henry concluded his remarks the House rose. Thus closed the first week of the Convention, during which we have seen that Henry stood alone in opposition to a phalanx of the ablest men of that era ; for, with the exception of a speech from Mason, he had received no assistance from his friends. It was easy, however, to perceive, from his last effort as well as from the tone of his opponents, that, instead of losing ground, he was evidently advancing ; that his arguments were more compact and guarded ; that his sarcasm, though within the limits of the strictest decorum, wore a keener edge, and that he would either
of Dr. Johnson's definition of the word excise-" a hateful tax levied upon commodities, and adjudged, not by the common judges of prop- erty, but wretches hired by those to whom excise is paid."-Johnson's - Folio Dictionary, Ed. 1765.
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ultimately triumph or make the victory of his opponents hardly worth the wearing. 139
139 It was often remarked by the contemporaries of Henry that his best school of preparation on any great question was listening to the speeches of those who engaged in the debate. A friend informs me that he "spent several days with the late James Marshall, of Fauquier, a brother of the Chief Justice, a gentleman of almost as high intellect as the Judge, and of more various accomplishments, who told him that Henry's opponents in debate, to contrast their knowledge with his want of it, would often display ostentatiously all they knew respecting the subject under discussion, and that, consequently, when they were done speaking Mr. Henry knew as much of the subject in hand as they did. Then the superiority of his intellect would show itself in the per- fect mastery which he would evince over the whole subject. 'And if,' said Mr. Marshall, 'he spoke three times on the same subject, which he sometimes did, his last view of it would be the clearest and most striking that could be conceived.'" C. C. Lee, Esq., letter dated De- cember 6, 1856.
CHAPTER IV.
On Monday, the ninth of June, the combatants, refreshed by the rest of the Sabbath, returned with new vigor to the field. The House had now gone through with the election details which had heretofore consumed the first half hour of the morn- ing, and immediately went into committee. The first and second sections of the first article of the Constitution were still the nom- inal order of the day ; but the debate from the first had compre- hended the entire scope of that instrument. The rumors of great debates had spread over the neighboring counties, and the crowd that pressed the hall and the galleries seemed rather to increase than diminish. Henry and Mason, who had, according to their usual habit, walked arm in arm from the Swan, were seen to pause a few moments at the steps of the Academy, evidently engaged in consultation, and with difficulty made their way to their seats in the house.140
Wythe had just taken the chair, when Henry rose to conclude his unfinished speech of Saturday. His first sentences were short and broken, as if uttered to assure himself of his voice and position. He then introduced a topic which had long been dreaded by his opponents, but which startled them like a clap of thunder in a clear sky. "There is one thing," he said, "that I must mention. There is a dispute between us and the Spaniards about the right of navigating the Mississippi. This dispute has sprung from the Federal Government. I wish a great deal may be said upon the subject. In my opinion, the preservation of that river calls for our most serious considera- tion. It has been agitated in Congress. Seven States have
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