American Eloquence: A Collection of speeches and addresses , by the most eminent orators of America, by Frank Moore
Moore, Frank
Kt« •^^^ .*V ^<tt % w n •'3 ^nIiH^A.. THE LIBRARY ^r^ aa». 'M y^^B ^v^^^ ^-:; u rfcl Digitized by the Internet Archive in 2010 with funding from Lyrasis IVIembers and Sloan Foundation http://www.archive.org/details/americaneloquenc02inmoor #% ^^©CKJIFS KD^lE^^M^LLa,, UIM. DAppletocn Xi C '^' llevrT^orlr AIERICAI ELOQUEl^CE: ^ ColUction of SPEECHES AND ADDRESSES, ET THE MOST EMINENT ORATORS OF AMERICA; WITH BIOGRAPHICAL SKETCHES AND ILLUSTRATIVE NOTES, By frank MOORE. There were Gyants in the earth in thofe dayes which were of olde, men of renowne." mightie men. IN TWO VOLUMES. VOL. II. NEW YOEK: D. APPLETON & COMPANY, 346 & 348 BROADWAY. COLUMBUS, O.: FOLLETT & FOSTER. 1851. AUBURN UNIVERSITY ■ALPH MOWN DRAUGHON LIB«ARl( AVBUBIt ALAIAMA 36830 Entered according to Act of Congress, in the year 1856, by D. APPLETON AND COMPANY, in tlie Clerk's Office of the District Court for the Southern District of New York. M % 79 \f, X special: collections CONTENTS OF VOL. II. JOHN MAKSHALL : Sketch of his Life, . . . .7 Speech on the Federal Constitution, . 10 Another Speech on the same Subject, . 16 Speech in the Case of Jonathan Bobbins, . 20 RUPUS KING: Sketch of his Life, . . . .83 Speech on the Navigation Act, . . 35 Remarks on the Missouri Bill, . . .44 JAMES A. BAYARD : Sketch of his Life, . . . .52 Speech on the Judiciary, ... 55 Speech on the Repeal of the Embargo, . 80 The Army and Navy ; an extract, . . 91 WILLIAM PINKNET : Sketch of his Life, . . . .93 Speech in the Case of the Nereide, . . 98 Speech on the Missouri Question, . . 114 ALBERT GALLATIN: Sketch of his Life, . . . .130 Speech on the British Treaty, . . 133 JAMES HILLHOUSE : Sketch of his Life, . . . .144 Speech in the Case of John Smith, . 147 JOHN RANDOLPH: Sketch of his Life, .... 155 Speech on Mr. Gregg's Resolution, . 159 Speech on the Tariff, . . . .169 Increase of the Army, . . . 181 Extract from the Speech on Retrenchment, . 188 WILLIAM B. GILES: Sketch of his Life, . . . .189 Speech on the British Treaty, . . 190 Speech on the Judiciary, . . , 205 EDWARD LIVINGSTON: Sketch of his Life, . . . .218 Speech on the Alien Bill, . . .220 Argument against Capital Punishment, . 225 SAMUEL DEXTER : Sketch of his Life, . . . .237 Argument in the Trial of Thomas 0. Selfridge, 239 JOHN QTJINCT ADAMS : Sketch of his Life, Oration at Plymouth : 1802, Character of Lafayette ; an extract, HENRY CLAY: Sketch of his Life, Speech on the New Army Bill, Speech on the Seminole War,. Speech on Internal Improvement,. Speech on the Tariff: 1824,. Address to Lafayette, Reply to John Randolph, 247 251 257 259 264 273 286 296 317 318 TRISTAM BURGES : Sketch ofhis Life, . . . .319 Speechonthe Judiciary: 1825, .- . 322 Remarks on the Removal of Washington's Remains, ..... 332 WILLIAM HUNTER: Sketch of his Life, . 335 Speech on Seizing East Florida,. 337 TECUMSEH : Sketch ofhis Life, . 354 Speech at Vincennes : 1810, 355 Speech to General Proctor, . 356 DANIEL WEBSTER: Sketch ofhis Life, . . . .357 Address at the Laying of the Comer Stone of Bunker Hill Monument, . . 362 Speech on Mr. Foot's Resolution, . . 370 Argument in the Trial of John P. Knapp, . 399 JOSEPH STORY : Sketch ofhis Life, . . . .422 Discourse before the Phi Beta Kappa Society of Harvard University: 1826, . . 424 The American Indians ; an extract, . . 433 CONTENTS OF VOL. IL WILLIAM WIRT : Sketch of his Life, . . . .439 Eulogy on Thomas JefiFerson and John Adams, 443 Speech in the Trial of Aaron Burr, . . 461 Extract from the Argument in the Cherokee 469 JOHN CALDWELL CALHOUN: Sketch of his Life, . . . .471 Speech on the Increase of the Army, . 475 Speech on Internal Improvement, . . 479 Speech on the Revenue Collection (Force) Bill, 483 JOHN SERGEANT: Sketch of his Life, 506 Speech on the Missouri Question,. WILLIAM GASTON: Sketch of his Life,. Speech on the Loan Bill, Religious Toleration ; an extract,. ROBERT Y. HAYNE: Sketch of his Life, Speech on Mr. Foot's Resolution,. PAOB 508 533 535 553 555 557 SEARGENT S. PRENTISS: Sketch of his Life, . . -. .579 Address before the New England Society of New Orleans : 1845, ... 583 AMERICAN ELOQUENCE. JOHN MARSHALL. John Maeshall, the most illustrious of America's Judges, was the eldest son of Colonel Thomas Marshall, and Mary Keith, Ms wife. He was born on the twenty-fourth day of Sep- tember, 1755, in Germantown, Fauquier County, Virginia. His youthful days were passed on the family estate, where he acquired the rudiments of an education, under the instruction of his father. At the age of fourteen he commenced his classical studies with a Mr. Campbell, with whom he remained a year, after which he returned to his home, and continued his studies with a Scotch gentleman, who had been inducted as pastor of the parish, and resided in his father's family. Her'e he made rapid progress, but on the expiration of a year, his instructor left him to his own unassisted resources ; and his subsequent knowledge of the classics was attained with- out any other aid than his grammar and dictionary. In the literature of his native tongue he continued to receive the assistance of his father, who directed his studies, and contributed to cherish his love of knowledge. "It is to this circumstance," says his friend and associate, "that we are mainly to attribute that decided attachment to the writers of the golden age of English literature, which at all times he avowed, and vindicated with a glowing confidence in its impor- tance, and its superior excellence." This parental care and attention was neither lost nor forgot- ten. It was a theme on which Mr. Marshall, in his mature years, delighted to expatiate. "My father," he would say, " was a far abler man than any of his sons. To him I owe the solid foundation of aU my own success in life." Mr. Marshall was entering upon his eighteenth year, when the difficulties between the American colonies and Great Britain began to assume a threatening aspect. In those affairs he manifested a deep interest. Kelinquishing his literary labors, he devoted himself with spirit and energy to the acquisition of military knowledge, and to the dUigent study of the politics of the day. In the summer of 1775, he was chosen a lieutenant in a company of minute-men, and in September of that year marched against Lord Dunmore, to obstruct that officer's progress through the lower counties of Virginia. Hearing of their approach. wMcli had been so freely expressed in the House of Commons, ordered Captain Fordyce, the commanding officer at the great bridge, though uiferior in numbers, to storm the works of the provincials. Between daybreak and sunrise, this officer, at the head of about sixty grenadiers of the fourteenth regiment, who led the column of the enemy, advanced on the causeway, with fixed bayonets against the breastwork. The alarm was immediately given, and as is the prac- tice with raw troops, the bravest of the Americans rushed to the works, where, unmindful of order, they kept up a tremendous fire on the front of the British column. Captain Fordyce, tJiougli received so warmly in front, and taken in flank, by a small body of men who were col- lected by Colonel Stevens, of the minute battalion, and posted on an eminence somethiag more than one hundred yards to the left, marched up under this terrible fire with great intrepidity, until he fell dead within a few steps of the breastwork. The column immediately broke, but the British troops being covered in their retreat by the artillery of the fort, were not pursued. In this ill-judged attack, every grenadier is said to have been kiUed or wounded, while the Americans did not lose a single man. The next night the fort was evacuated. The provincial troops proceeded to l^orfolk, and Lord Dunmore found it necessary to take refuge on board his vessels.* In July, 1776, Mr. Marshall was appointed first lieutenant in the eleventh regiment of the continental troops, and in the following winter, he marched to the middle States, and joined the ai'my of Washington. In the spring of 1777, he was promoted to the rank of captain, and re- mained in that character, in active service, until the close of the year 1779. He was present at the battles of Germantown, Brandywine, and Monmouth, and was one of that heroic band of patriots who suffered the severities of the memorable winter at Valley Forge. During this period he often acted as deputy judge advocate, a position which gave him an extensive ac- quaintance and weighty influence with the officers of the army, by whom he was greatly beloved and respected. " It was during his performance of the duties of judge advocate," says Judge Story, " that he, for the first time I believe, became personally acquainted with General "Wash- ington, and I am sure, with colonel, afterwards General Hamilton ; for both of whom, it needs scarcely to be said, he always entertained the deepest respect, and whose unreserved friendship, at a subsequent period of his life, he familiarly enjoyed." Late in the yeas' 1779, Mr. Marshall returned to Virginia, and commenced a course of study in William and Mary College, attending the law lectures of Chancellor Wythe, and the lectures on natural philosophy of President (afterwards Bishop) Madison. In 1780 he received a license to practise law ; and soon after returned to the army, where he continued actively engaged until after Arnold's invasion of Virginia. He now resigned his commission and returned to the prosecution of his professional studies ; and on the reopening of the courts of law, after the sur- render at Yorktown, commenced practice, in which he soon obtained a high and honorable dis- tinction. In 1782 he was a member of the Virginia legislature, and during the same year occupied a seat in the State executive council. The duties of his profession, already very arduous, and rapidly increasing, impelled him to resign his position in the State council. But he did not long remain out of public life, being almost immediately elected to the Legislature to represent his native county. Here he con- tinued two years, when he was again returned to the same body from the county of Eichmond. It was in this position that he was disciplined to the " thorough mastery of the true principles of free government." "My immediate entrance into the State legislature," said he, in a letter written in the latter years of his life, " opened to my view the causes which had been chiefly instrumental in augmenting these sufferings [meaning of the army] ; and the general tendency of state politics convinced me that no safe and permanent remedy could be found, but in a more efficient and better organized general government." In the great contest which arose, after the conclusion of the war, between the advocates of an efficient general government and the supporters of the State sovereignties, Virginia took a * Life of George WasHagton, by John Marshall, voL 2, page 3T1. JOHN MARSHALL. 9 prominent part. In her legislative halls, the question, " whether the Union ought to be con- tinned or dissolved by a total separation of the States, was freely discussed, and either side of it was maintained, not only without reproach, but with uncompromising fearlessness of conse- quences. Here Mr. MarshaU, side by side with Madison, stood forth on all occasions an inflexi- ble and enlightened advocate for union. It was here that he learned and practised those profound doctrines of rational, limited, constitutional liberty, from which he never shrunk, and to which he resolutely adhered to the end of his life. * * * jt was here that he learned to love the Union with a supreme, unconquerable love — a love which was never cooled by neglect, or alienated by disappointment : a love which survived the trials of adversity, and the still more dangerous trials of prosperity : a love which faltered not, fainted not, wearied not on this side the grave." In 1788, Mr. Marshall was a member of the Virginia Convention, assembled for the ratifica- tion of the Federal Constitution. In the debates of that body he took an active part. His speeches on the power of taxation, the powers of the judiciary, and that on the power over the militia, evince many of those sagacious and statesmanlike views which characterized his subse- quent life. After the adoption of the constitution, he was elected to the State legislature, where he remained tmtil 1792, when he once more returned to the practice of his profession, and soon became engaged in many of the leading causes in the State and national tribunals. Again in 1795, he was returned to the State legislature, where he greatly distinguished himself by his abUity and power in the discussions relating to tlie treaty negotiated by Mr. Jay. During the winter of 1796, he visited Philadelphia, to argue an important case before the United States Supreme Court. It was during this sojourn that he became acquainted with many of the most celebrated men of the northern States, who were then in Congress. " I then became . acquainted," said he, "with Mr. Cabot, Mr. Ames, Mr. Dexter, and Mr. Sedgwick, of Massachusetts, Mr. Wadsworth, of Connecticut, and Mr. King, of New York. I was delighted with these gen- tlemen. The particular subject, the British Treaty, which introduced me to their notice, was at that time so interesting, and a Virginian who supported, with any sort of reputation, the measures of the government, was such a rara avis, that I was received by them all with a degree of kind- ness which I had not anticipated." About this time he was invited by Washington to accept the office of Attorney General of the United States, but he declined, on account of its interfer- ence with the practice of his profession. He was offered the position of Minister to France, on the recall of Mr. Monroe. This he also declined. "I then thought," said he, "my determina- tion to remain at the bar unalterable. My situation at the bar appeared to me to be more inde- pendent, and not less honorable than any other ; my preference for it was decided." General Pinckney, of South Carolina, who was subsequently appointed to succeed Mr. Mon- roe, being refused an audience at the Court of Prance, Mr. Adams, (who was then President,) desirous of an amicable and honorable adjustment of the differences between that nation and his own country, in 1797, appointed Mr. Marshall, Mr. Gerry, and General Pinckney, envoys extra- ordinary to Prance; but the envoys were not accredited, and in the summer of 1798, Mr. Marshall returned to the United States. The next year, yielding to the wishes of General Washington, he consented to become a candidate, and after a spirited political contest, was elected to Congress. His services in the memorable session of the winter of 1799 and 1800, were zealous and untiring. His masterly speech in the case of Thomas Nash alias Jona- than Eobbins, delivered during this session, wiU. be found in the subsequent pages of this volume. In May, 1800, he was appointed by President Adams to the office of Secretary of War, but before he entered upon the duties of that station, he was transferred to the head of the depart- ment of State. On the resignation of Chief Justice Ellsworth, in 1801, Mr. Marshall was ap- pointed as his successor, and continued on the bench of the Supreme Court of the United States, " with increasing reputation and unsullied dignity," until his death, on the sixth day of July, 1835. That event created the deepest regret in the public mind throughout the country. Eulogies upon his character and judicial services were pronounced by the most eminent members of the 10 JOHF MAESHALL. profession to wtich he belonged, all of whicli evince the highest sentiments of respect and ad- miration. One of the most carefully prepared and elaborate of these was a discourse delivered at the request of the Suffolk Bar, at Boston, by Mr. Justice Story, which has been freely used in the preparation of this sketch, and to which the reader is referred, as the best and most com- plete estimate of his life, character, and services. THE FEDERAL CONSTITUTION.* Mr. Marshall delivered the following speech, in the Virginia Convention for the ratification of the Federal Constitution, on the tenth of June, 1788, the preamble and the first and second section of the first article of the con- stitution being under consideration : Me. Chaieman: I conceive that the object of the discussion now before us is, whether de- mocracy or despotism be most eligible. I am sure that those who framed the system, sub- mitted to our investigation, and those who now support it, intend the establishment and secu- rity of the former. The supporters of the con- stitution claim the title of being firm friends of the liberty and the rights of mankind. They say that they consider it as the best means of protecting liberty. We, sir, idolize democracy. Those who oppose it have bestowed eulogiums on monarchy. We prefer this system to any monarchy, because we are convinced that it has a greater tendency to secure our liberty and promote our happiness. We admire it, be- cause we think it a well regulated democracy: it is recommended to the good people of this country: they are, through us, to declare whe- ther it be such a plan of government as wiU establish and secure their freedom. Permit me to attend to what the honorable * So general was the conviction that the public welfare required a government of more extensive powers than those vested in the General Government by the Articles of Confederation, that in May, 1TS7, a convention composed of delegates from all the States in the Union, with the exception of Ehode Island, assembled at Philadelphia, to take the subject into consideration. This convention con- tinued its sessions with closed doors, nntil the seventeenth of the following September, when the Federal Constitution was promulgated. The convention resolved, " That the Constitution be laid before the United States, in Congress assembled, and that it is the opinion of this convention that it should afterwards be submitted to a convention of dele- gates, chosen in each State by the people thereof, for their assent and ratification ; " and in conformity with this re- commendation, Congress, on the twenty-eighth of the same month, passed a resolution directing that the Constitution should be submitted to conventions to be assembled in the several States of the Union. The conventions subsequently assembled, and the expediency of adopting the Constitution was ably and eloquently discussed. gentleman, Mr. Henry, has said.* He has ex- patiated on the necessity of a due attention to certain maxims — to certain fundamental prin- ciples, from which a free people ought never to depart. I concur with him in the propriety of the observance of such maxims. They are ne- cessary in any government, but more essential to a democracy than to any other. What are the favorite maxims of democracy? A strict observance of justice and public faith, and a steady adherence to virtue. These, sir, are the principles of a good government. No mischief, no misfortune, ought to deter us from a strict observance of justice and public faith. Would to Heaven that these principles had been ob- served under the present government! Had this been the case, the friends of liberty would not be so willing now to part with it. Can we boast that our government is founded on these maxims? Can we pretend to the enjoyment of political freedom or security, when we are told that a man has been, by an act of Assem- bly, struck out of existence without a trial by jury, without examination, without being con- fronted with his accusers and witnesses, with- out the benefits of the law of the land? Where is our safety, when we are told that this act was justifiable, because the person was not a Socrates ? What has become of the worthy member's maxims ? Is this one of them ? Shall it be a maxim that a man shall be deprived of his life without the benefit of law ? Shall such a deprivation of life be justified by answering, that the man's life was not taken secundum artem, because he was a bad man ? Shall it be a maxim that government ought not to be em- powered to protect virtue ? The honorable member, after attempting to vindicate that tyrannical legislative act to which I have been alluding, proceeded to take a view of the dangers to which this country is exposed. He told us that the principal danger arose from a government which, if adopted, would give away the Mississippi. I intended to proceed regularly, by attending to the clause under de- bate; but I must reply to some observations which were dwelt upon to make impressions on our minds unfavorable to the plan upon the table. Have we no navigation in, or do we • See the speeches of Patrick Henry, at pages lS-89 of the first volume of this work. THE FEDERAL CONSTITUTIOK 11 derive no benefit from, the Mississippi ? How shall we retain it? By retaining that weak government which has hitherto kept it from us? Is it thus that we shall secure that navi- gation? Give the government the power of retaining it, and then we may hope to derive actual advantages from it. Till we do this, we cannot expect tliat a government which hitherto has not been able to protect it, will have the power to do it hereafter. Have we attended too long to consider whether this government would be able to protect us ? Shall we wait for further proofs of its inefficacy ? If on mature consideration, the constitution will be found to be perfectly right on the subject of treaties, and containing no danger of losing that navi- gation, will he stiU object ? WiU he object be- cause eight States are unwilling to part with it ? This is no good ground of objection. He then stated the necessity and probability of obtaining amendments. This we ought to postpone until we come to that clause, and make up our minds whether there be any thing unsafe in this system. He conceived it impos- sible to obtain amendments after adopting it. If he was right, does not his own argument prove that in his own conception, previous amendments cannot be had? for, sir, if subse- quent amendments cannot be obtained, shall we get amendments before we ratify ? The reasons against the latter do not apply against the for- mer. There are in this State, and in every State in the Union, many who are decided ene- mies of the Union. Eeflect on the probable conduct of such men. What will they do? They will bring amendments which are local in their nature, and which they know will not be accepted. What security have we that other States will not do the same. We are told that many in the States were violently opposed to it. They are more mindful of local interests. They will never propose such amendments as they think would be obtained. Disunion will be their object. This will be attained by the proposal of unreasonable amendments. This, sir, though a strong cause, is not the only one that will militate against previous amendments. Look at the comparative temper of this country now, and when the late Federal Convention met. We had no idea then of any particular system. The formation of the most perfect plan was our object and wish. It was imagined that the States would accede to, and be pleased with, the proposition that would be made them. Consider the violence of opinions, the prejudices and animosities which have been since imbibed. Will not these operate greatly against mutual concessions, or a friendly concurrence? This will, however, be taken up more properly an- other time. He says, we wish to have a strong, energetic, powerful government. We contend for a well-regulated democracy. He insinuates that the power of the government has been enlarged by the convention, and that we may apprehend it will be enlarged by others. The convention did not, in fact, assume any power. They have proposed to our consideration, a scheme of government which they thought ad- visable. We are not bound to adopt it, if we disapprove of it. Had not every individual in this community a right to tender that scheme which he thought most conducive to the wel- fare of his country ? Have not several gentle- men already demonstrated that the convention did not exceed their powers ? But the Congress have the power of making bad laws, it seems. The Senate, with the President, he informs us, may make a treaty which shall be disadvan- tageous to us ; and that, if they be not good men, it will not be a good constitution. I shall ask the worthy member only, if the people at large, and they alone, ought to make laws and treaties. Has any man this in contemplation ? You cannot exercise the powers of government personally yourselves. You must trust to agents. If so, will you dispute giving them the power of acting for you, from an existing possibility that they may abuse it ? As long as it is impossible for you to transact your business in person, if you repose no confidence in delegates, because there is a possibility of their abusing it, you can have no government ; for the power of doing good is inseparable from that of doing some evil. We may derive from Holland lessons very beneficial to ourselves. Happy that country which can avail itself of the misfortunes of others — which can gain knowledge from that source without fatal experience! What has produced the late disturbances in that country ? The want of such a government as is on your table, and having in some measure, such a one as you are about to part with. The want of proper powers in the government, the conse- quent deranged and relaxed administration, the violence of contending parties, and inviting foreign powers to interpose in their disputes, have subjected them to aU the mischiefs which have interrupted their harmony. I cannot ex- press my astonishment at his high-colored eulogium on such a government. Can any thing be more dissimilar than the relation be- tween the British government and the colonies, and the relation between Congress and the States? We were not represented in Parlia- ment. Here we are represented. Arguments which prove the impropriety of being taxed by Britain, do not hold against the exercise of taxation by Congress. Let me pay attention to the observation of the gentleman who was last up, that the power of taxation ought not to be given to Congress. This subject requires the undivided attention of this House. This power I think essentially necessary ; for without it there will be no effi- ciency in the government. We have had a sufficient demonstration of the vanity of de- pending on requisitions. How, then, can the general government exist without this power ? The possibility of its being abused is urged as an argument against its expediency. To very little purpose did Virginia discover the defects 12 JOHN MAESHALL. in the old system ; to little purpose, indeed, did she propose improvements ; and to no purpose is this plan constructed for the promotion of our happiness, if we refuse it now, because it is possible that it may be abused. The con- federation has nominal powers, but no means to carry them into effect. If a system of gov- ernment were devised by more than human in- telligence, it would not be effectual if the means were not adequate to the power. All delegated powers are liable to be abused. Arguments drawn from this source go in direct opposition to the government, and in recommendation of anarchy. The friends of the constitution are as tenacious of liberty as its enemies. They ■wish to give no power that will endanger it. They wish to give the government powers to secure and protect it. Our inquiry here must be, whether the power of taxation be necessary to perform the objects of the constitution, and whether it be safe, and as well guarded as hu- man wisdom can do it. What are the objects of the national government? To protect the United ^tates, and to promote the general wel- fare. Protection, in time of war, is one of its principal objects. UntU mankind shall cease to have ambition and avarice, wars will arise. The prosperity and happiness of the people depend on the performance of these great and important duties of the general government. Can these duties be performed by one State ? Can one State protect us, and promote our hap- piness? The honorable gentleman who has gone before me. Governor Eandolph, has shown that Virginia cannot do these things. * How, then, can they be done ? By the national gov- ernment only. Shall we refuse to give it power to do them? "We are answered, that the powers may be abused ; that, though the Con- gress may promote our happiness, yet they may prostitute their powers to destroy our liberties. This goes to the destruction of all confidence in agents. Would you believe that men who had merited your highest confidence would deceive you? Would you trust them again after one deception? Why then hesitate to trust the general government ? The object of our inquiry is, Is the power necessary, and is it guarded ? There must be men and money to protect us. How are armies to be raised? Must we not have money for that purpose ? But the honor- able gentleman says that we need not be afraid of war. Look at history, which has been so often quoted. Look at the great volume of human nature. They will foretell you that a defenceless country cannot be secure. The nature of man forbids us to conclude that we are in no danger from war. The passions of men stimulate them to avail themselves of the weakness of others. The powers of Europe are jealous of us. It is our interest to watch their conduct, and guard against them. They must be pleased with our disunion. If we in- * See the speech of Governor Kandolph, at page 165 of tlie first Tolume of this work. vite them by our weakness to attack us, will they not do it? If we add debility to our present situation, a partition of America may take place. It is, then, necessary to give the government that power, in time of peace, which the neces- sity of war will render indispensable, or else we shall be attacked unprepared. The experi- ence of the world, a knowledge of human na- ture, and our own particular experience, wUl confirm this truth. When danger shall come upon us, may we not do what we were on the point of doing once already — that is, appoint a dictator ? Were those who are now friends to this constitution less active in the defence of liberty, on that trying occasion, than those who oppose it? When foreign dangers come, may not the fear of immediate destruction, by foreign enemies, impel us take a most dangeroiis step? Where, then, will be our safety? We may now regulate and frame a plan that wUl enable us to repel attacks, and render a recur- rence to dangerous expedients unnecessary. If we be prepared to defend ourselves, there wiU be little inducement to attack us. But if we defer giving the necessary power to the general government tUl the moment of danger arrives, we shall give it then, and wii^i an unsparing hand. America, like other naticr.3, may be ex- posed to war. The propriety of giving this power will be proved by the history of the world, and particularly of modern republics. I defy you to produce a single instance where requisitions on several individual States, com- posing a confederacy, have been honestly com- plied with. Did gentlemen expect to see such punctuality complied with in America? If they did, our own experience shows the con- trary. We are told that the confederation carried us through the war. Had not the enthusiasm of liberty inspired us with unanimity, that sys- tem would never have carried us through it. It would have been much sooner terminated had that government been possessed of due en- ergy. The inability of Congress, and the fail- ure of States to comply with the constitutional requisitions, rendered our resistance less effi- cient than it might have been. The weakness of that government caused troops to be against us which ought to have been on our side, and prevented all resources of the community from being called at once into action. The extreme readiness of the people to make their utmost exertions to ward oft' solely the pressing danger, supplied the place of requisitions. When they came solely to be depended on, their inutility was fully discovered. A bare sense of duty, or a regard to propriety, is too feeble to induce men to comply with obligations. We deceive ourselves if we expect any efficacy from these. If requisitions will not avail, the government must have the sinews of war some other way. Eequisitions cannot be effectual. They will be productive of delay, and wUl ultimately be in- efficient. By direct taxation, the necessities THE FEDERAL OONSTITUTIOK 13 of the government will be supplied in a peacea- ble manner, without irritating the minds of the people. But requisitions cannot be rendered efficient without a civil war — without great ex- pense of money, and the blood of our citizens. Are there any other means ? Yes, that Con- gress shall apportion the respective quotas pre- viously, and if not complied with by the States, that then this dreaded power shall be exercised. The operation of this has been described by the gentleman who opened the debate. He can- not be answered. This great objection to that system remains unanswered. Is there no other argument which ought to have weight with us on this subject? Delay is a strong and pointed objection to it. S^e are told by the gentleman who spoke la* that direct taxation is unnecessary, because we are not involved in war. This admits the propriety of recurring to direct taxation if we were engaged in war. It has not been proved that we have no dangers to apprehend on this point. "What will be the consequence of the system proposed by the worthy gentleman? Suppose the States should refuse ? The worthy gentleman who is so pointedly opposed to the constitution, proposes remon- strances. Is it a time for Congress to remon- strate or compel a compliance with requisitions, when the whole wisdom of the Union, and the power of Congress are opposed to a foreign enemy? Another alternative is, that, if the States shall appropriate certain funds for the use of Congress, Congress shall not lay direct taxes. Suppose the funds appropriated by the States, for the use of Congress, should be inad- equate ; it will not be determined whether they be insufficient till after the time at which the quota ought to have been paid ; and then, after so long a delay, the means of procuring money, which ought to have been employed in the first instance, must be recurred to. May they not be amused by such ineffectual and temporizing alternatives from year to year, until America shall be enslaved? The failure in one State will authorize a failure in another. The calcu- lation in some States that others will fail, will produce general failures. This will, also, be attended with all the expenses which we are anxious to avoid. What are the advantages to induce us to embrace this system? If they mean that requisitions should be complied with, it will be the same as if Congress had the power of direct taxation. The same amount wiU be paid by the people. It is objected, that Congress will not know how to lay taxes, so as to be easy and conven- ient for the people at large. Let us pay strict attention to this objection. If it appears to be totally without foundation, the necessity of levying direct taxes will obviate what the gen- tleman says ; nor wiU there be any color for refusing to grant the power. The objects of direct taxes are well under- stood : they are but few ; what are they ? Lands, slaves, stock of all kinds, and a few other arti- cles of domestic property. Can you believe that ten men, selected from all parts of the State, chosen because they know the situation of the people, wiU be unable to determine so as to make the tax equal on, and convenient for, the people at large? Does any man believe that they would lay the tax without the aid of other information besides their own know- ledge, when they know that the very object for which they are elected is to lay the taxes in a judicious and convenient manner ? If they wish to retain the affections of the people at large, wiU they not inform themselves of every circumstance that can throw light on the sub- ject ? Have they but one source of informa- tion? Besides their own experience — their knowledge of what will suit their constituents — they will have the benefit of the knowledge and experience of the State legislature. They wiU see in what manner the legislature of Vir- ginia collects its taxes. WiU they be unable to follow their example ? The gentlemen who shall be delegated to Congress will have every source of information that the legislatures of the States can have, and can lay the taxes as equally on the people, and with as little oppres- sion as they can. If, then, it be admitted that they can understand how to lay them equally and conveniently, are we to admit that they will not do it, but that in violation of every principle that ought to govern men, they will lay them so as to oppress us ? What benefit will they have by it ? Will it be promotive of their re-election ? WiU it be by wantonly im- posing hardships and difficulties on the people at large, that they will promote their own in- terest, and secure their re-election ? To me it appears incontrovertible that they wUl settle them in such a manner as to be easy for the people. Is the system so organized as to make taxation dangerous? I shall not go to the various checks of the government, but examine whether the immediate representation of the people be weU constructed. Have you not as pointed and strong a security as you can possibly have ? It is a mode that seems an impossibility of being corrupted. If they are to be chosen for their wisdom, virtue, integrity, what inducement have they to infringe on our freedom? We are told that they may abuse their power. Are there strong motives to prompt them to abuse it? WiU not such abuse mUitate against 14 JOHK MAESHALL. their own interest ? "Will not they and their friends feel the effects of iniquitous measures ? Does the representative remain in office for life ? Does he transmit his title of representative to his son? Is he' secured from the burden im- posed on the community ? To procure their re-election, it will be neces- sary for them to confer v^ith the people at large, and convince them, that the taxes laid are for their good. If I am able to judge on the sub- ject, the power of taxation now before us is wisely conceded, and the representatives are wisely elected. The honorable gentleman said that a govern- ment should ever depend on the affections of the people. It must be so. It is the best sup- port it can have. This government merits the confidence of the people, and, I make no doubt, will have it. Then he informed us again of the disposition of Spain with respect to the Missis- sippi, and the conduct of the government with regard to it. To the debility of the confedera- tion alone may justly be imputed every cause of complaint on this subject. Whenever gen- tlemen will bring forward their objections, I trust we can prove that no danger to the navi- gation of that river can arise from the adoption of this constitution. I beg those gentlemen that may be affected by it, to suspend their judgment till they hear it discussed. Will, says he, the adoption of this constitution pay our debts ? It will compel the States to pay their quotas. Without this, Virginia will be unable to pay. Unless all the States pay, she cannot. Though the States will not coin money, (as we are told,) yet this government will bring forth and proportion all the strength of the Union. That economy and industry are essen- tial to our happiness, will be denied by no man. But the present government will not add to our industry. It takes away the incitements to in- dustry, by rendering property insecure and un- protected. It is the paper on your table that will promote and encourage industry. ISTew Hampshire and Ehode Island have rejected it, he tells us. New Hampshire, if my informa- tion be right, will certainly adopt it. The report spread in this country, of which I have heard, is, that the representatives of that State having, on meeting, found they were instructed to vote against it, returned to their constituents without determining the question, to convince them of their being mistaken, and of the pro- priety of adopting it. The extent of the country is urged as another objection, as being too great for a republican government. This objection has been handed from author to author, and has been certainly misunderstood and misapplied. To what does it owe its source ? To observations and criti- cisms on governments, where representation did not exist. As to the legislative power, was it ever supposed inadequate to any extent? Extent of country may render it difficult to execute the laws, but not to legislate. Extent of country does not extend the power. What will be sufficiently energetic and operative in a small territory, will be feeble when extended over a wide-extended country. The gentleman tells us there are no checks in this plan. What has become of his enthusiastic eulogium on the American spirit ? We should find a check and control, when oppressed from that source. In this country, there is no exclusive personal stock of interest. The interest of the commu- nity is blended and inseparably connected with that of the individual. When he promotes his own, he promotes that of the community. 