Thursday, July 06, 2006

The Debates in the Several State Conventions, (Virginia), June 6, 1788

Excerpts;
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"Since the general civilization of mankind, I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations; but, on a candid examination of history, we shall find that turbulence, violence, and abuse of power, by the majority trampling on the rights of the minority, have produced factions and commotions, which, in republics, have, more frequently than any other cause, produced despotism. If we go over the whole history of ancient and modern republics, we shall find their destruction to have generally resulted from those causes. If we consider the peculiar situation of the United States, and what are the sources of that diversity of sentiment which pervades its inhabitants, we shall find great danger to fear that the same causes may terminate here in the same fatal effects which they produced in those republics. This danger ought to be wisely guarded against. Perhaps, in the progress of this discussion, it will appear that the only possible remedy for those evils, and means of preserving and protecting the principles of republicanism, will be found in that very system which is now exclaimed against as the parent of oppression."
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- James Madison
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"The honorable gentleman then urges an objection respecting the militia, who, he tells us, will be made the instruments of tyranny to deprive us of our liberty. Your militia, says he, will fight against you. Who are the militia? Are we not militia? Shall we fight against ourselves? No, sir; the idea is absurd. We are also terrified by the dread of a standing army. It cannot be denied that we ought to have the means of defence, and be able to repel an attack."
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- Mr. Corbin
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"Have we lived to this, then, that, in order to suppress and exclude tyranny, it is necessary to render the most affectionate friends the most bitter enemies?--set the father against the son, and make the brother slay the brother? Is this the happy expedient that is to preserve liberty? Will it not destroy it?"
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"...It has too often happened that powers delegated for the purpose of promoting the happiness of a community have been perverted to the advancement of the personal emoluments of the agents of the people..."
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"...But in this new Constitution, there is a more just and equitable rule fixed--a limitation beyond which they cannot go...."
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"...In case of a struggle, sir, the people would be irresistible. If they should be so liable to lapse from virtue, yet would not one man be found, out of a multitude, to guard the interests of the people--not one man to hold up his head to discover the tyrannical projects of a corrupt and depraved majority? Suppose the House of Representatives all equally infatuated, and determined on so wicked an intention as to infringe the rights of the people; they have not the whole authority in their own hands. There are twenty-six senators, distinguished for their wisdom, not elevated by popular favor, but chosen by a select body of intelligent men: will they also be corrupt? Will their honor and virtue be contaminated and disgraced in one instant? Sixty-five representatives and twenty-six senators are then to be suddenly changed from upright men to monsters: ninety-one persons, selected for superior qualities, are to compose this Pandemonium of iniquity. The supposition of their degenerating to such a degree is unwarrantable, and inconsistent with an admission of their being freely chosen by a people capable of discerning merit; and should a majority ever be so forgetful of their duty as to wish to trample on the immunities of the people, there is no reason to doubt that some of them will be so far inspired with a zeal for liberty as to warn their country of any dangerous combinations against their privileges....It is an established maxim, that such a body ought to be numerous enough to be well acquainted with the interest of the people, to prevent corruption, and give a chance to men of merit to be elected....He must be really the choice of the people, not the man who can distribute the most gold; for the riches of Croesus would not avail.....The history of those confederacies will discover to us the dreadful misfortunes which their people will have suffered by the imbecility of their governments."
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- Gov. Randolph
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"The object of that confederacy was, primarily, to defend themselves against the inroads and depredations of the Indians. They had a common council, consisting of deputies from each party, with an equality of suffrage in their deliberations. The general expenditures and charges were to be adequately defrayed. Its powers were very similar to those of the Confederation. Its history proves clearly that a government founded on such principles must ever disappoint the hopes of those who expect its operation to be conducive to the public happiness.
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"There are facts on record to prove that, instead of answering the end of its institution, or the expectation of its framers, it was violated with impunity, and only regarded when it coincided perfectly with the views and immediate interests of the respective parties.....A recapitulation of the proofs which have been experienced of its inefficacy is unnecessary. It is most notorious that feebleness universally marked its character. Shall we be safe, in another war, in the same situation? That instrument required the voluntary contributions of the states, and thereby sacrificed some of our best privileges. The most intolerable and unwarrantable opressions were committed on the people during the late war. The gross enormity of those oppressions might have produced the most serious consequences, were it not for the spirit of liberty, which preponderated against every consideration.
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"A scene of injustice, partiality, and oppression, may bring heavenly vengeance on any people. We are now, by our suffering, expiating the crimes of the otherwise glorious revolution. Is it not known to every member of this committee, that the great principles of a free government were reversed through the whole progress of that scene? Was not every state harassed? Was not every individual oppressed, and subjected to repeated distresses? Was this right?"
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- James Madison
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"....till I see our liberties secured in a manner perfectly satisfactory to my understanding. There are certain maxims by which every wise and enlightened people will regulate their conduct. There are certain political maxims which no free people ought ever to abandon--maxims of which the observance is essential to the security of happiness. It is impiously irritating the avenging hand of Heaven, when a people, who are in the full enjoyment of freedom, launch out into the wide ocean of human affairs, and desert those maxims which alone can preserve liberty. Such maxims, humble as they are, are those only which can render a nation safe or formidable....
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"We have one, sir, that all men are by nature free and independent, and have certain inherent rights, of which, when they enter into society, they cannot by any compact deprive or divest their posterity. We have a set of maxims of the same spirit, which must be beloved by every friend to liberty, to virtue, to mankind: our bill of rights contains those admirable maxims...
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"I never can believe, sir, that it is too late to save all that is precious...
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"At present we have our liberties and privileges in our own hands. Let us not relinquish them. 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? The gentleman fears the loss of the Union. If eight states have ratified it unamended, and we should rashly imitate their precipitate example, do we not thereby disunite from several other states? Shall those who have risked their lives for the sake of the Union be at once thrown out of it? If it be amended, every state will accede to it; but by an imprudent adoption in its defective and dangerous state, a schism must inevitably be the consequence.
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"I can never, therefore, consent to hazard our most unalienable rights on an absolute uncertainty.
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"...Public and private security are to be found here in the highest degree. Sir, it is the fortune of a free people not to be intimidated by imaginary dangers. Fear is the passion of slaves....
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"Those who declare war against the human race may be struck out of existence as soon as they are apprehended. He was not executed according to those beautiful legal ceremonies which are pointed out by the laws in criminal cases. The enormity of his crimes did not entitle him to it. I am truly a friend to legal forms and methods; but, sir, the occasion warranted the measure. A pirate, an outlaw, or a common enemy to all mankind, may be put to death at any time. It is justified by the laws of nature and nations....
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"The microscopic eyes of modern statesmen can see abundance of defects in old systems; and their illuminated imaginations discover the necessity of a change. They are captivated by the parade of the number ten--the charms of the ten miles square. (Washington D.C.). Sir, I fear this change will ultimately lead to our ruin. My fears are not the force of imagination; they are but too well founded. I tremble for my country....
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"...As long as we can preserve our unalienable rights, we are in safety....
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"...Their valor, sir, has been active; every thing that sets in motion the springs of the human heart engaged them to that protection of their inestimable privileges. They have not only secured their own liberty....
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"...Their cheaper way, instead of laying out millions in making war upon you, will be to corrupt your senators. I know that, if they be not above all price, they may make a sacrifice of our commercial interests. They may advise your President to make a treaty that will not only sacrifice all your commercial interests, but throw prostrate your bill of rights...
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"...Does he advise us, in order to avoid this evil, to adopt a Constitution, which will enable such nations to obtain their ends by the more easy mode of contaminating the principles of our senators? Sir, if our senators will not be corrupted, it will be because they will be good men, and not because the Constitution provides against corruption; for there is no real check secured in it, and the most abandoned and profligate acts may with impunity be committed by them....
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"...The citizens of republican borders are only terrible to tyrants. Instead of being dangerous to one another, they mutually support one another's liberties. We might be confederated with the adopting states without ratifying this system. No form of government renders a people more formidable....
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"...I am consoled if American liberty will remain entire only for half a century; and I trust that mankind in general, and our posterity in particular, will be compensated for every anxiety we now feel.
(Mr. Henry was a little off in his estimate of time, but not by much)....
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"...Our forefathers enjoyed liberty there while that system was in its purity; but it is now contaminated by influence of every kind....
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"...Implication is dangerous, because it is unbounded: if it be admitted at all, and no limits be prescribed, it admits of the utmost extension. They say that every thing that is not given is retained. The reverse of the proposition is true by implication. They do not carry their implication so far when they speak of the general welfare--no implication when the sweeping clause comes. Implication is only necessary when the existence of privileges is in dispute. The existence of powers is sufficiently established. If we trust our dearest rights to implication, we shall be in a very unhappy situation....
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"...Mr. Henry then declared a bill of rights indispensably necessary; that a general positive provision should be inserted in the new system, securing to the states and the people every right which was not conceded to the general government; and that every implication should be done away. It being now late, he concluded by observing, that he would resume the subject another time."
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- Mr. Patrick Henry, The Debates in the Several State Conventions on the Adoption of the Federal Constitution [Elliot's Debates, Volume 3]June 6, 1788.
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That Mr. Henry sure could get a message across, couldn't he? Amazing the degree of accuracy of his predictions, isn't it? Even after having obtained our Bill of Rights many of his assertions proved to be true.....

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