Volume I Part 48 (1/2)

[1197] At this point the reporter, unable to follow Henry's speech, notes that he ”strongly and pathetically expatiated on the probability of the President's enslaving America and the horrid consequences that must result.” (Elliott, iii, 60.)

[1198] Henry had not heard of the Const.i.tutionalists' bargain with Hanc.o.c.k in Ma.s.sachusetts.

[1199] Elliott, iii, 43-64.

[1200] General Posey, a Revolutionary officer, who was for the Const.i.tution, afterwards said that Henry's speech made him believe that the Const.i.tution would destroy liberty. Another intelligent man who heard Henry's speech said that when the great orator pictured the President at the head of the army, he felt his own wrists for the shackles, and that his place in the gallery suddenly seemed like a dungeon. (Grigsby, i, 118-19.)

[1201] Grigsby, i, 121.

[1202] Elliott, iii, 64-86. In the debate, much was made of this famous case. Yet Philips was not executed under the provisions of the law Randolph referred to. When arrested, he was indicted, tried, and convicted in the General Court; and he was hanged by sentence of the court, December 4, 1778.

Although, at that time, Randolph was Attorney-General of Virginia and actually prosecuted the case; and although Henry was Governor and ordered the arrest of Philips (Henry, i, 611-13), yet, ten years later, both had forgotten the facts, and Randolph charged, and Henry in reply admitted, that Philips had been executed under the bill of attainder without trial. (Jefferson to Wirt, Oct. 14, 1814; _Works_: Ford, xi, 407.) The bill of attainder was drawn by Jefferson. It appears in _ib._, ii, 330-36.

[1203] Again, Randolph's speech was marred by the note of personal explanation that pervaded it. ”The rect.i.tude of my intentions”; ”ambition and popularity are no objects with me”; ”I expect, in the course of a year, to retire to that private station which I most sincerely and cordially prefer to all others,”--such expressions gave to his otherwise aggressive and very able appeal a defensive tone.

[1204] Grigsby, i, 130. Madison's apparel at this Convention was as ornate as his opinions were, in his opponents' eyes, ”aristocratic.”

[1205] Elliott, iii, 86. See entire speech, _ib._, 86-96.

[1206] Bushrod Was.h.i.+ngton to Was.h.i.+ngton, June 6, 1788; _Writings_: Sparks, ix, 378. But Madison gave Henry an opening through which that veteran orator drove like a troop of horse, as far as practical and momentary effect was concerned. Madison described the new government as partly National and partly Federal. (Elliott, iii, 94; and see Henry's use of this, _ib._, 171; also _infra_.)

[1207] Elliott, iii, 97-103.

[1208] Elliott, iii, 104-14.

[1209] Elliott, iii, 114.

[1210] _Ib._, 114-28.

[1211] Madison was equaled only by Hamilton in sheer intellectuality, but he was inferior to that colossus in courage and constructive genius.

[1212] _Ib._, 128-37.

[1213] Madison to Hamilton, June 9, 1788; Hamilton MSS., Lib. Cong.

Madison's four famous speeches in this Convention, are properly parts of one comprehensive exposition. (See Madison's own notes for the third of these speeches in _Writings_: Hunt, v, 148.) Mr. Hunt also prints accurately Robertson's report of the speeches themselves in that volume.

They cannot be summarized here, but should be read in full.

[1214] See _supra_, footnote to 393.

[1215] Elliott, iii, 137-50.

CHAPTER XI

THE SUPREME DEBATE

There will undoubtedly be a greater weight of abilities against the adoption in this convention than in any other state.

(Was.h.i.+ngton.)

What are the objects of the National Government? To protect the United States and to promote the general welfare. (Marshall, in his first debate.)