The Anti-Federalist Library

June 24, 1788

Mr. Chairman,

The honorable gentleman who was up some time ago exhorts us not to fall into a repetition of the defects of the Confederation. He said we ought not to declare that each state retains every power, jurisdiction, and right, which is not expressly delegated, because experience has proved the insertion of such a restriction to be destructive, and mentioned an instance to prove it. That case, Mr. Chairman, appears tome to militate against himself. Passports would not be given by Congress — and why? Because there was a clause in the Confederation which denied them implied powers. And says he, Shall we repeat the error? He asked me where was the power of emancipating slaves. I say it will be implied, unless implication be prohibited. He admits that the power of granting passports will be in the new Congress without the insertion of this restriction; yet he can show me nothing like such a power granted in that Constitution. Notwithstanding he admits their right to this power by implication, he says that I am unfair and uncandid in my deduction that they can emancipate our slaves, though the word emancipation is not mentioned in it. They can exercise power by implication in one instance, as well as in another. Thus, by the gentleman’s own argument, they can exercise the power, though it be not delegated.

We were then told that the power of treaties and commerce was the sine qua non of the Union; that the little states would not confederate otherwise. There is a thing not present to human view. We have seen great concessions from the large states to the little states. But little concessions from the little states to the great states will be refused. He concedes that great concessions were made in the great Convention. Now, when we speak of rights, and not of emoluments, these little states would not have been affected. What boon did we ask? We demanded only rights which ought to be unalienable and sacred. We have nothing local to ask. We ask rights which concern the general happiness. Must not justice bring them into the concession of these? The honorable gentleman was pleased to say that the new government, in this policy, will be equal to what the present is. If so, that amendment will not injure that part.

He then mentioned the danger that would arise from foreign gold. We may be bribed by foreign powers if we ask for amendments, to secure our own happiness. Are we to be bribed to forget our own interests? I will ask, if foreign gold be likely to operate, where will it be? In the seat of government, or in those little channels in which the state authority will flow? It will be at the fountain of power, where bribery will not be detected. He speaks of war and bloodshed. Whence do this war and bloodshed come? I fear it, but not from the source he speaks of. I fear it, sir, from the operation and friends of the federal government. He speaks with contempt of this amendment. But whoever will advert to the use made repeatedly, in England, of the prerogative of the king, and the frequent attacks on the privileges of the people, notwithstanding many legislative acts to secure them, will see the necessity of excluding implications. Nations who have trusted to logical deduction have lost their liberty.

The honorable gentleman last up agrees that there are defects, and by and by, he says there is no defect. Does not this amount to a declaration that subsequent amendments are not necessary? His arguments, great as the gentleman’s abilities are, tend to prove that amendments cannot be obtained after adoption. Speaking of forty amendments, he calculated that it was something like impracticability to obtain them. I appeal, therefore, to the candor of the honorable gentleman, and this committee, whether amendments be not absolutely unattainable, if we adopt; for he has told us that, if the other states will do like this, they cannot be previously obtained. Will the gentleman bring this home to himself? This is a piece of information which I expected. The worthy member who proposed to ratify has also proposed that what amendments may be deemed necessary should be recommended to Congress, and that a committee should be appointed to consider what amendments were necessary. But what does it all come to at last? That it is a vain project, and that it is indecent and improper. I will not argue unfairly, but I will ask him if amendments are not unattainable. Will gentlemen, then, lay their hands on their hearts, and say that they can adopt it in this shape? When we demand this security of our privileges, the language of Virginia is not that of respect! Give me leave to deny. She only asks amendments previous to her adoption of the Constitution.

Was the honorable gentleman accurate, when he said that they could exist better without us than we could without them? I will make no comparison. But I will say that the states which have adopted will not make a respectable appearance without us. Would he advise them to refuse us admission when we profess ourselves friends to the Union, and only solicit them to secure our rights? We do not reject a connection with them. We only declare that we will adopt it, if they will but consent to the security of rights essential to the general happiness.

He told you to confine yourselves to amendments which were indisputably true, as applying to several parts of the system proposed. Did you hear any thing like the admission of the want of such amendments from any one else? I will not insist on any that does not stand on the broad basis of human rights. He says there are forty. I say there is but one half the number, for the bill of rights is but one amendment.

He tells you of the important blessings which he imagines will result to us and mankind in general from the adoption of this system. I see the awful immensity of the dangers with which it is pregnant. I see it. I feel it. I see beings of a higher order anxious concerning our decision. When I see beyond the horizon that bounds human eyes, and look at the final consummation of all human things, and see those intelligent beings which inhabit the ethereal mansions reviewing the political decisions and revolutions which, in the progress of time, will happen in America, and the consequent happiness or misery of mankind, I am led to believe that much of the account, on one side or the other, will depend on what we now decide. Our own happiness alone is not affected by the event. All nations are interested in the determination. We have it in our power to secure the happiness of one half of the human race. Its adoption may involve the misery of the other hemisphere.

Here a violent storm arose, which put the house in such disorder, that Mr. Henry was obliged to conclude.