"And whereas the limited powers, which,
by the articles of confederation, are vested in
the Congress of the United States, have been
found far inadequate to the enlarged purposes
which they were intended to produce, and
whereas Congress hath, by repeated and most
urgent representations endeavored to awaken
this, and other States of the Union, to a sense
of the truly critical and alarming situation
in which they may inevitably be involved,
unless timely measures be taken to enlarge
the powers of Congress, that they may be
thereby enabled to avert the dangers which
threaten our existence as a free and indepen-
dent people; and whereas this State bath been
ever desirous to act upon the liberal system of
the general good of the United States, with-
out circumscribing its views to the narrow
and selfish objects of partial convenience; and
has been at all times ready to make every con-
cession, to the safety and happiness of the
whole, which justice and sound policy could
indicate;"
And then they go on to appoint their dep-
uties to meet in the general Convention to re-
model the old Constitution.
Now, sir, allow me to ask gentlemen upon
the other side of this House, what is this Con-
stitution framed in that Convention? Gen-
tlemen tell us it was framed by sovereign and
independent States. I say it was framed by
the sovereign and independent people, not of
one State, but of all the States; not acting
in their sovereign capacity as States, but as a
whole people—the same people that formed
the Constitution of the United States. Who
but the people had the inherent and unaliena-
ble right to form one grand national Govern-
ment, for the good of the whole people, as
they had the power to form local State gov-
ernments, for the regulation of their own do-
mestic concerns, since they, the people, were
the framers of both? The Constitution was
an organic law; it speaks in the name of the
people; it was ordained and established by
the people of the whole land, acting through
conventions of delegates, chosen expressly for
that purpose by the people of each State, and
independent of State governments. It was
not drawn, up by States; it was not promul-
gated in their names, nor was it ratified by
them.
Gentlemen say it is a compact. How? A
compact is an agreement between two or
more parties Where can you find two par
ties to this Constitution? There is but on
party mentioned in the whole instrument
"the people." How could the people
acting as one roan, make a compact with
themselves? Allow me to refer gentlemen to
the words and the arguments used by the
men who adopted this Constitution, and if
they are not convinced by those authorities
that this is not a compact, then all I have to
say is, that, like Ephraim of old, "they are
joined to their idols," and there is no |
language and no authority that could con-
vince them to the contrary. Look over the
debates of the State Conventions that, adopted
this Constitution. I have them here, but
do not intend to read from them all, but
merely to give gentlemen the authorities
upon which I rely to show that the very
men who adopted this Constitution, and
the very people who sent their delegates
to the convention that framed this Constitu-
tion, did not regard it as a compact. The
very objections that were urged by men op-
posed to the adoption of this Constitution
were solely and exclusively upon the ground
that it was a government of the people, and
not of the States; that it was a government
that emanated from the people, and with
which State sovereignty had nothing to do.
How was it with Patrick Henry, that great
and good man, who perhaps had more to do
with bringing on the war of the revolution
than any other man of his day? He fought
the British lion, and fought it bravely and
well; and his eloquence reached from one
end of this country to the other, and kindled
I the fires of patriotism in the bosom of every
true American. But as soon as the revolu-
tionary war was over, and our liberties had
been achieved, and a more perfect union was
to be formed by the States, when the Conven-
tion met in Virginia to ratify this Constitution,
what did Patrick Henry say? At page 22,
vol. 3, Elliott's Debates, will be found what
he said, when speaking of the men who framed
the Constitution.
" I have the highest veneration for those
gentlemen; but, sir, give me leave to demand,
what right had they to say, We, the people ?
My political curiosity, exclusive of my anx-
ious solicitude for the public welfare, leads
me to ask, who authorized them to speak the
language, 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, consolidated, 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 testimo-
nial of esteem for them. America had on a
former occasion put the utmost confidence in
them—a confidence which was well placed ;
and I am sure, sir, I would give up anything
to them; I would cheerfully confide in them
as my representatives. But, sir, on this occa-
sion I would demand the cause of their con-
duct."
And at page 24 will be found the remarks
of Gov, Randolph, who, in rendering an ac-
count, of his stewardship, thus replies to Pat-
rick Henry:
" I come not to apologise to any individual
within these walls, to the Convention as a
body, or even to my fellow citizens at large
Having obeyed the impulse of duty, having |
