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 27
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existence depended, and regarding the Mississippi as a counter- poise to the fisheries, they apprehended that, if the Mississippi were given up, the fisheries might also be relinquished ; that the fisheries were now secure, and the result was that the seven easternmost States had resolved to release Mr. Jay from the fetters which had been imposed upon him by the constitutional majority of nine States ; that this determination had been communicated to Mr. Jay for his guidance in forming a treaty with the Spanish minister ; that this instruction violated the express injunction of the Constitution, which required nine States to make a treaty. Adhere to the limitations imposed upon Mr. Jay, and Georgia was safe, Kentucky was safe, the Mississippi was safe, the Con- stitution was safe ; depart from them, and the most precious rights and privileges of the South are at his mercy. He said that, as the instructions to Mr. Jay were the foundation and sub- stance of the treaty, any compact which that gentleman might make with the Spanish minister would, if not ratified by Congress, give Spain just cause of war ; so that we would be involved in the dilemma of violating the Constitution by a compliance with it, or, in case of a non-compliance, of incurring the risks of war with that power. The South also contended that it had no right to dismember the empire, or relinquish to a foreign power the exclusive navigation of our rivers. He said that Maryland had coincided with the North. He again reverted to the reluctance which the Eastern States had at one time evinced toward surren- dering the Mississippi, and said that, when their apprehensions were removed, the natural instinct of interest revived, and they became solicitous of securing a superiority of influence in the national councils. Their language, he said, was this : " Let us prevent any new States from rising in the Western world, or they will outvote us. We will lose our importance, and become as nothing in the scale of nations. If we do not prevent it, our countrymen will remove to those places instead of going to sea, and we will receive no particular tribute or advantage from them.''201 When he had expressed his opinions at length, he said that whether this great interest would be safe under the new Constitution he left it to others to determine. It certainly was not safe under the present, though more so than under the one proposed for their adoption.
201 The language and the italics of the quotation are Grayson's.
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When Grayson ended, Henry rose to request Monroe to dis- cover the rest of the project, and to inform the House what Spain was to do on her part as as an equivalent for the cession of the Mississippi. Monroe replied that the equivalent was the advan- tages of commercial intercourse ; but that Spain conceded nothing more in fact than was granted to other nations trading with her. When Monroe expressed this opinion, it is said that an expression of astonishment was visible on the faces of the members.
It was at this culminating point of the discussion that Madi- son, then in his thirty-seventh year, and in the full possession of those admirable powers of debate, which, unused and unob- served for more than the third of a century before his death, have been almost forgotten in the contemplation of the subsequent titles that he acquired to the grateful remembrance of his coun- try, was called to the floor. He could not well have been placed in a more unpleasant predicament. It was impossible to defend, directly and unequivocally, the action of Congress. No speaker who would rise and approve the deliberate instruction of seven Eastern States to dismember the half of Georgia and the half of Kentucky, and to cede with the territory of those States the absolute and exclusive navigation of the Mississippi, without an equivalent, to a foreign power, could expect for an instant the favorable ear of a Southern assembly. Yet some defence was required at his hands. The new Constitution was in imminent. jeopardy. It is evident from his remarks which have come down to us, that he was much discomposed. He could neither conceal the whole truth nor tell the whole truth without inflicting equal injury upon the cause which he had so much at heart. If he concealed any part of the truth, there were Grayson and Monroe to refresh his memory; if he told the whole truth, he would sustain by his own authority the truth of as palpable an outrage as was ever aimed at the liberties of a free people. But it is on such occasions that the man of genius appears in strong contrast with the mere man of words, however dexterously he may use them in common emergencies. What disarranged him the more was the belief and certain knowledge that the whole scene had been conjured up by Henry to effect the ruin of the new Consti- tution, and it was with emotions bordering on disgust that he found himself compelled to contribute his share to the entertain - ment. As, in the early part of the day, he was disposed to inter -
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pret the conduct of Henry in seeking a full disclosure of the sub- ject as, in some measure, personal to himself, so he now reflected upon the action of the House in a way that might have led to a call to order. He said it was extremely disagreeable to him to enter into a discussion which was foreign to the deliberations of the House, and which would sully the reputation of our pub- lic councils. He admitted the facts as stated by the gentlemen who had preceded him, but he differed about the principles in- volved in them. He declared that he never approved the ces- sion ; that neither the Confederation nor the proposed Constitu- tion gave a right to surrender the Mississippi ; that such a sur- render was repugnant to the laws of nations; paid a glowing compliment to the virtues and talents of Mr. Jay ; and demon- strated that, whatever may have been the opinions of their rep- resentatives at a particular time on the subject, it was the per- manent interest of the Northern States, which were the carriers of our produce, to sustain the navigation of the Mississippi; that it would be unwise to argue that, as the South had at one time assented to the cession and changed its opinion, the North might not do the same ; and spread such an ingenious net-work of argument and opinion over the glaring facts of the case as in some degree to conceal its deformity. He ended by saying that there were circumstances within his knowledge which rendered it certain that no effort would be made hereafter unfavorable to the navigation of the Mississippi. His speech, even in its present form, is an exquisite specimen of the tact and skill with which an eminent statesman, wielding the while with extraordinary judg- ment the weapons of a debater, may appear to walk steadily over ground that was quaking beneath him.
As soon as Madison took his seat Grayson appeared on the floor. He instantly reverted to the considerations which Madi- son did not think proper to disclose to the House, stated by way of supposition what they were, and sought by a detail of facts and by general reasoning to demonstrate that no reliance could be placed upon them. He followed Madison step by step, and assailed his reasoning in a speech which, by its statesmanlike views of domestic policy, by the fervor of its declamation, and by the force of its logic, was one of the most fascinating exhibi- tions of the day. Madison, as if disinclined to protract the dis- cussion, made no reply.
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Henry then spoke. A more appropriate time for the display of his peculiar powers could not be desired. The occasion, the theme, the immeasurable issues which might be swayed by the deliberations of a single day, threw such an inspiration over his genius that he seemed to be wrapt into a higher sphere, and his lips appeared to glow as if touched with the coals from the altar. The leading facts of a great question of national policy were before him, and it was his duty to press them upon the hearts of his audience. He began by throwing the responsi- bility of the discussion on Madison, who had gone at large into the subject, and, following for a time his train of argument, threw himself on his own inexhaustible resources. Elderly men, who had heard his most eloquent speeches, and who pronounced his speech on this occasion one of the most eloquent of all, delighted to recall the lineaments of two pictures which he drew with a master's hand. One described the great valley of the Mississippi as stretching from the Alleghanies to the nameless mountains of the distant West, as teeming with a mighty popu- lation, cultivated farms, thriving villages, towns, cities, colleges, and churches, filling the vision in every direction-the Missis- sippi covered with ships laden with foreign and domestic wealth- the West the strength, the pride, and the flower of the Confed- eracy. Such would be the valley of the West with a free navi- gation of the Mississippi, and under a Federal system. The other picture was a reverse of the scene, and presented a pros- pect of unalloyed calamity. The Mississippi no longer alive with ships-its unburdened waters flowing idly to the sea-no villages, no towns, no cities, no schools, no churches, no culti- vated plains ; the original solitude of the forest unbroken, save here and there by the rude hut of the outlaw ; capital flying from a land where it would turn to dross. Such would be the West with the loss of the Mississippi, and under a consolidated government to be controlled by those who had no interest in its welfare. The reported speech is more argumentative than elo- quent ; but it is plain that the reporter rarely was able to do more than record the main points made by the speaker.
At the close of the speech there was a pause in the House. No Federalist seemed willing to engage in the discussion. It is said that Pendleton, who was in the body of the House, his right hand clenching his crutch, sat silent and amazed. He
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felt that moment more keenly the spell of Henry's genius than when, in the House of Burgesses in 1765, he heard him defy the king, or when, in the Convention of 1775, he heard him ex- claim "Give me liberty, or give me death."
It was at this fearful moment that there rose to address the House one of those remarkable men of whom the Revolution was prolific, and who had nearly changed the fortunes of the hour. He appeared to be about the middle stature, thick and broad ; and though only in his thirty-fifth year, his head was so bald as to suggest the impression that in some fierce Indian foray he had forfeited his scalp. In his features and in his demeanor there was nothing imposing. His voice was the voice of a man accustomed to address popular assemblies, but was to be noted neither for its power nor its sweetness. His influence lay in another direction. He had mingled freely with all classes of society, and was as familiar with the camp and the court-green as if his feet had never pressed the carpets of "Westover," or his lips had never been moistened with the mellow wine from the vaults of "Brandon " or of "Shirley." He was one of that bril- liant group of soldier-statesmen who had caught their inspiration and their love of country from the lips of Wythe. At the bar, to the front rank of which he had risen, his tact and knowledge of mankind availed himself as much, if not more, than his learning, which he had drawn mainly from Blackstone, whose commenta- ries had already superceded the elder writers of the law, and had been for the past eighteen years in the hands of every educated Virginian. He entered the House of Delegates in early life, and soon became one of the leaders of the body. He was utterly fearless. He shrunk from no duty, and in the midst of a civil war he sought to subject to an impeachment a statesman who was the second Governor of Virginia, and whose name now stands, and will stand forever, second only to that of Washington. He bore a name illustrious in the annals of the Colony and of the Commonwealth ; but George Nicholas had a genius of his own which needed no hereditary endorsement, and was ample enough to sustain him in any sphere, military or civil, which might suit his fancy. Soon after the separation of Kentucky from Virginia he emigrated to the new Commonwealth, where he succeeded in attaining the same elevated position which he held at home, and blended his name inseparably with the early history of that State.
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His influence in his native State and in the State of his adoption is felt to this day. He possessed great tact in the management of public bodies, and had already participated with great ability in the debates of the body. He saw at a glance that the fate of the Constitution might depend upon the results of that day's session. He well knew that if the Kentucky delegation voted against the Constitution, and was joined by a single county on the Western waters, the fate of that instrument was sealed. He instantly decided on his plan of attack. He saw that all explanations and apologies were idle. He determined, instead of resting on the defensive, to push into the ranks of the enemy, and make a desperate effort to retrieve the fortunes of the day. He said that the statements which he had heard that day had filled him with astonishment A great, an inestimable right, the right of navi- gating the Mississippi, which was necessary, which was indispen- sable to the development of the resources of that fertile region and to the prosperity of the South, had nearly been sacrificed. It was in this strain that he continued until he had disarmed sus- picion and had gained the sympathy of a majority of the House, when, turning suddenly to Henry, he exclaimed, By whom was this fearful act contemplated ? By the gentleman's favorite Con- federation. Would gentlemen dare to say that this was an argument which should induce the West to uphold a system of government which might consummate the odious and abominable policy which it had already set in train ? It was by this mode of argument that he sought to quiet the fears of the members from the West, and his argument produced a sensible effect upon the House which Edmund Randolph sought to deepen ; but while Corbin, who followed Randolph on the same side, was speaking, a storm arose, which rendered speaking impossible, and the House adjourned. The result of this day's discussion-a dis- cussion which, whether we consider the intense interest of the subject which called it forth, the various talents which were exhibited in its course, and the splendid prize held up to the suc- cessful combatants, was one of the most interesting in our history-was, that of the fourteen members from Kentucky, ten voted against the ratification of the Federal Constitution.
On the morning of Saturday, the fourteenth of June, a painful rumor reached the House. Pendleton had fallen suddenly ill the night before, and was unable to take his seat. The House pro-
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ceeded to the election of a vice-president, which resulted in the choice of John Tyler, 202 who was to preside during the inability of Pendleton. He was one of the staunchest opponents of the new Constitution; but that his appointment might lack no mark of honor, and might show conspicuously to future times the courtesy of a body, which, though agitated by the strongest pas- sions, disdained to look to the opinions of an individual, but re- garded only his fitness for the office which he would be called upon to fill, the vote was unanimous. Nor could that exalted honor have been conferred on a purer statesman, or on one more competent in all respects to discharge its duties. The history of the vice- president well deserves to be studied by posterity. His paternal ancestor of the same name, a youth of seventeen, had come over in 1637, had settled in Bruton parish, the official re- cords of which attest, until near the close of the seventeenth century, his zeal in the cause of the Church, and had founded a numerous family, some of the most distinguished members of which still reside within a short range of the ancient seat of their race. It has been said that he could trace his descent from those brave outlaws of Sherwood Forest, who were wont to sally forth and levy upon their generation certain rude extemporaneous as- sessments, which were respected more from the summary mode in which they were exacted than from their consonance with the laws of the realm.
John Tyler, who had just received from his associates so sig- nal a mark of their respect, was born in the year 1748 in the county of James City, where he grew up to manhood. His mother was of French extraction, and he mingled in his veins the blood of the Anglo-Saxon with the blood of the Huguenot, a mixture not unfriendly to freedom, to genius, to eloquence, and to philosophy.203 From his nearness to Williamsburg,
202 The Journal of the Convention not only does not contain the name of the mover and seconder, but omits all notice of the election. The "Debates " mention the appointment, but not the name of the member who moved it. It was probably Patrick Henry, who was particularly fond of Tyler, and had nominated him to the speakership of the House of Delegates on more than one occasion, if I mistake not. The ances- tor of John Tyler was believed to be the famous Wat Tyler, of the times of Richard II.
203 The mother of John Tyler of the text was a daughter of Dr. Con- tesse of Williamsburg.
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whither his father, who was Marshal of the Colony, and himself frequently repaired, he had an opportunity of observing the incidents of the time. He could remember Fauquier as well as Botetourt and Dunmore; had seen their stately progresses through the Colony, and at the age of seventeen had heard the speech of Henry on his resolutions against the Stamp Act. From that hour began his opposition to a kingly government, which continued unfalteringly till the day of his death. He attended William and Mary College, and studied law in the office of Robert Carter Nicholas, from whose character he copied several traits which were afterwards conspicuous in his own. When Dunmore purloined the powder from the magazine at Williamsburg, Tyler, with young Harrison, a son of Benjamin of "Berkeley," enrolled a number of gallant young men, and marched at their head to the capital, where Henry, at the head of his Hanover company, had just arrived. On the establishment of the Constitution in 1776, he was appointed by the Convention to the office of Commissioner of Admiralty, the duties of which he discharged throughout the war ;204 and when the first elections for the Senate under the new Constitution were held, he was a candidate, and published an address to the people which is still extant, and which is worthy of note as the first communication addressed to the voters of Virginia that ever appeared in print.205 He soon after entered the House of Delegates, and in 1782, and again in 1783, he was elected Speaker, having been nominated by Henry. In 1789 he was elected a judge of the general court, and discharged for twenty years that laborious and respon - sible office. In 1808 he was elected Governor, but, as his health suffered from his residence in Richmond, he accepted, near the end of his second term, the office of judge of the Federal dis- trict court. This appointment had in his eyes a peculiar signifi- cancy. It was as a judge of Admiralty, entering on the office the very day the first Constitution of Virginia took effect, and five years before the Articles of Confederation were adopted, that he began his public career; and it was in the discharge of the
20+ The Virginia Gazette of July 5, 1776, announced the appointment of John Tyler, James Hubard, and Joseph Prentis, as Commissioners of Admiralty.
205 Virginia Gazette, July 26, 1776. Tyler lost his election.
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duties of, practically, the same office under the Federal Consti- tution that now in his old age he was destined to end it. Here- sided at " Greenway," his estate on the banks of the James; and it not unfrequently happened that prize cases not admitting of delay were brought by the parties for adjudication to his house ; and on one bright morning of the summer of 1812, in the shade of a wide-spreading willow that grew in his vard, and in the presence of the Marshal of the United States and of the mate and some of the crew, he adjudicated the first prize case that occurred in the war of 1812, that of the ship Sir Simon Clarke. The case was clear and was soon decided, and the parties, having declined a cordial invitation to dine with the judge, went their way. When he returned to his family, his first words were "That proud nation which has so long made war upon our commerce, will soon come to know that the war is no longer altogether on one side." But his time was now come. On the sixth day of February, 1813, in the sixty-fifth year of his age, he breathed his last, and was buried at "Greenway" by the side of his wife, who had died some years before.206 The ruling passion of the patriot who had witnessed the sufferings endured in the Revo- lution, was strong to the last. During his last illness his mind dwelt upon the war then raging with Great Britain, which he regarded as the second war of independence with our ancient foe ; and but a short time before his death he raised his head from his pillow and said, "I could have wished to live to see again that haughty nation humbled before America; but it is decreed otherwise, et nunc dimittas, Domine !"
But the chief distinction of this worthy patriot was derived (from his career in the House of Delegates. Throughout that protracted and perilous period, reaching from the Declaration of Independence to the adoption of the present Federal Constitu- tion, he was foremost in meeting the difficult and perplexing questions of the times, and by his intrepidity, by his knowledge of affairs, by his sound judgment, by a ready and robust elo- quence, sustained in the public councils the cause of his country. Indeed, it is to his great honor that, in the decision of the nu- merous and delicate questions which arose during the war and subsequently, and which created acrimonious and lasting divi-
206 Mrs. Tyler was Mary Armistead, of the county of York.
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sions in the State, he embraced those views of finance, of public credit, of domestic and foreign policy, which those who now re- gard them at the distance of seventy years would pronounce to be the wisest and the best. It was in the session of 1786, how- . ever, that he performed an act which, if the other deeds of his long and patriotic course were forgotten, would stamp immor- tality upon his name. He offered, in the House of Delegates, and sustained by his eloquence, that ever memorable resolution convoking the Convention at Annapolis, which ultimately led to the assembling of the General Convention that formed the present Federal Constitution.
There were points of connection between John Tyler and the venerable statesman who was his colleague from Charles City in the Convention, that attracted the attention of our fathers, and are not without interest in our own age. Benjamin Harrison was born in Charles City ; had sprung from a wealthy family in the Colony; had extensive connections which were then deemed almost essential to the success of a rising politician, and had been a leading member of the House of Burgesses when Tyler was a boy. Tyler was born in the neighboring county of James City ; had in early manhood settled in Charles City; had en- gaged in the practice of the law, and had by his open and honor- able conduct acquired the esteem of the people. He was regularly returned to the House of Delegates, and had been frequently elected Speaker. Harrison, who had held a seat in the House of Burgesses for near thirty years, was often elected by the As- sembly to a seat in Congress, and was compelled, in pursuance of an Act passed in 1777, to vacate his seat in the House of Dele- gates during his term of service in Congress. 207 At the expira- tion of his term in Congress he was always a candidate for a seat in the House of Delegates, and, from his position as one of the oldest members of the House of Burgesses as well as of Con- gress, and as Governor of the Commonwealth, his valuable ser- vices, and his reputation as a presiding officer, was usually elected Speaker of that body. Thus insensibly there grew up, rather among the neighbors of these gentlemen than between
207 Until the passage of this Act the members of Assembly, when . elected to Congress, always retained their seats, and when Congress was not in session attended to their duties in the Assembly.
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