The sun. [volume] (New York [N.Y.]) 1833-1916, 1882-06-04

heart be alao. Above all, Clinton abhOrred the
idea OF reducing the States to the degraded
situation OF petty corporations through rem
derinR thcm liable to suits In Federal courts.
In short. no considered the sovereignty Of tho
States the only stable security for the liberties
Of the people against tho oncroachments of u
central power" In these words of Clinton
were formulated the convictions OF nearly one
half the people OF the United States; and in
them may be traced the principles to which.
even under the counter tendencies of the Con
the Democratic party has striven to
be faithful.
On the action Of Virginia the fate OF the Con-
stitution unquestionably turned as on pivot.
and Mr.. Bancroft has naturally given much at
tention to the proceedings In that State. We
should first note that even In the Congress OF
the Confederation. when the draft Of new
plan OF union was reported by Washington
from the Federal Convention. II was harshly
criticised by Richard Henry Ice. and the dele
gates from Virginia in that body we're nearly
equally divided as to the expediency OF refer
ring the proposed organic law to conventions OF
the States. When the reference was finally or
dered. Lee and his friends had strength enough
10 prevent the resolution from expressing ap-
prevail OF the scheme. e am waiting" wrote
Madison at this time. for the echo from Yir-
ginia. but with very faint hopes Of Its corro-
spending with my wishes; - and the answers
which Washington received to his propitiatory
letters to Henry. to Harrison, and to Nelson,
were by no means satisfactory. George Mason,
also. who at first had taken an active part in
shaping u . Constitution. now raised many OBJ
jcctions to 1t. OF which the grant to Congress of
power to regulate commerce by q bare ma Or-
ity was the capital one. The opposing party
was 30 strong in the State Legislature that tho
Convention was empowered under the call to
insist upon amendments. and the time Of
meeting was deferred until June. 1888 By tho
passage. moreover. of resolution pledging
the Assembly to defray the expenses Of dele
gates Ia new Federal Convention. 1t appeared
that the enemies Of the proposed Constitution
had won decisive victory in the Legislature.
1t was remarked. indeed. that while in tho
seven Northern States the principal Office of
Government and holders OF property, the
Judges and lawyers. the clergy and men of let
tors. were almost without exception advo-
Gates OF the Constitution. in Virginia the
bar and the men OF the most culture
and property were divided. During the
months. too. preceding the Convention the mon
of the counties which afterward were set of in
the State of Kentucky, were made to fear-and
the fear was justified by the action of John
Jay-the surrender OF the mississippi by the
hended the reunion of Church and State. We
should add that the Virginia planters were in
debted to British merchants to the amount OF
ten millions of dollars. and the Virginia Legis-
lature had withheld from these creditors the
right to sue in the Virginia courts. 1t was a
ground of complaint against the Federal Con-
stitution that retrospective Jurisdiction was
given in these matters to the Federal tribunals.
No sooner had the Convention assembled at
Richmond than Patrick Henry dashed instant.
ly into tho battle The Constitution" he de-
clared. is q severance of the confcderacy: its
language. We the people is the institution
OF one great consolidated national government
OF the people of all the States instead Of gov
eminent by compact. with tho States for its
agents. Tho people gave the Convention no
power to use their name" Against the jul
dietary as constituted by the proposed organic
law. Henry inveighed with especial vehemence.
finding dangers to the State courts from the
number OF its tribunals. from appellate jursdic-
tons. and controversies between State and
the citizens OF another State. He discernei
also perils to the trial by jury and dangers
sprnging out CT the clause against the impair
ment OF the obligations OF a contract. Another
objection raised by Patrick Henry is peculiarly
in view Of what actually took place
during our civil war. He pointed out that the
great object OF national government is national
defence; the Northern States, II in a majority.
may call forth every national resource. and
Congress may say every black man must fight"
And again; They the Northern States have
the power in clear. unequivocal terms To pro-
nounce all slaves free. and they will GER
tainly exercise the power. Much rs
deplore slavery. / see that the general Govern
ment ought not TO set the slaves free, for
the majority OF Congress is to the North and
the slaves are to the South" Although the de- |
cision OF Maryland and South Carolina had |
dashed Henry's hope of placing Virginia at the |
head OF . separate Southern confederacy. he |
still said: Compared with the consolidation
OF one power to reign with strong hand over
so extensive country. small confederaces are
little evils. Virginia and North Carolina could
exist separated from the rest OF America"
But he limited himself to urging that Virginia
- the greatest and most mighty State in the |
Union" followed by North Carolina and New |
York. should hold the Constitution in sus- |
rense until they had compelled the other |
States to adopt certain material amendments. |
He cited Jefferson as advising " to reject the |
Government till it should be amended" The |
discussion seems to have been temporarily
mcnt, asserting that the acceptance OF the Con- |
would make an end of the trial by |
Jury Patrick Henry cried odd as am it is
probable l may yet have the appeation of
rebel. But my neighbors will protect mo-"
The feeling, however, was soon pacfled and
the last words Of Henry himself were: II 1 |
shall be in the minority. shall yet DO a peace
able citizen-my head my hand, and my heart
being at liberty to remove the defects Of the |
system in n constitutional way"
Patrick Henry was vigorously supported in
debate by George Mason, Grayson. and James
Monroe. and the opponents OF the Constitution
were greatly aided by tho weight OF character
Of Benjamin Harrison and John Tyler. For
more than three weeks the contest was kept
up. the defence Of the Constitution resting
mainly upon Madison. upon Pendleton the
Chancellor. who, however. was already Old and
inhrm, and on Gov. Randolph. who had at last
been won over through the influence OF Wash
ington. When the roll was finally called on
June 25, eighty-nine delegates voted for the
Constitution and seventy nine cried No. That
which did most to soothe tho minority and
reconcile them to their defeat was their trust in
Wash nnton " Ware il not for ono prpnt churnr-