Part 24 (1/2)

[393] St George Tucker, MS

[394] Elliot, _Debates_, iii 580

[395] St George Tucker, MS

[396] Elliot, _Debates_, iii 625

[397] Wirt, 296-297 Also Spencer Roane, MS

CHAPTER XIX

THE AFTER-FIGHT FOR AMENDMENTS

Thus, on the question of adopting the new Constitution, the fight was over; but on the question of a that Constitution, now that it had been adopted, the fight, of course, was only just begun

For how could this new Constitution be amended? A as provided,--but an extremely strait and narroay No amendment whatsoever could become valid until it had been accepted by three fourths of the States; and no amendment could be submitted to the States for their consideration until it had first been approved, either by two thirds of both houses of Congress, or else by a ress at the request of two thirds of the States

Clearly, the framers of the Constitution intended that the suprereed to, should have within it a principle of fixedness almost invincible At any rate, the process by which alone alterations can be made, involves so wide an area of territory, so roups of population, and is withal, in itself, so e, that any proposition looking toward change oal of final endorsement, unless that proposition be really ietic and persistent, but well-nigh universal Indeed, the constitutional provision for amendments seemed, at that time, to many, to be almost a constitutional prohibition of amendments

It was, in part, for this very reason that Patrick Henry had urged that those amendments of the Constitution which, in his opinion, were absolutely necessary, should be secured before its adoption, and not be left to the doubtful chance of their being obtained afterward, as the result of a process ingeniously contrived, as it were, to prevent their being obtained at all But at the close of that June day on which he and his seventy-eight associates walked away from the convention wherein, on this very proposition, they had just been voted down, how did the case stand? The Constitution, now become the supreme law of the land, was a Constitution which, unless amended, would, as they sincerely believed, effect the political ruin of the Aood ht hard to get the Constitution amended before adoption

They had failed They et it amended after adoption Disastrous would it be, to assume that the needed ainia convention, like the conventions of several other States, had voted to recommend amendments But the hostility to amendments, as Patrick Henry believed, was too deeply rooted to yield to mere recommendations The necessary ah all the hoppers and tubes and valves of the enormous mill erected within the Constitution, unless forced onward by popular agitation,--and by popular agitation widespread, deter The powerful enemies of amendments h thatthe surrounding inhabitants

This gives us the clew to the policy steadily and firmly pursued by Patrick Henry as a party leader, from June, 1788, until after the ratification of the first ten amendic policy dictated by his honest view of the situation; a bold, reatly rossly rieved the heart of Washi+ngton, and for several years raised between him and his ancient friend the one cloud of distrust that ever cast a shadow upon their intercourse

In fact, at the very opening of the Virginia convention, and in view of the possible defeat of his demand for amendments, Patrick Henry had foranizing throughout the State local societies for stirring up, and for keeping up, the needed agitation All this is made evident by an important letter written by him to General John Lamb of New York, and dated at Richmond, June 9, 1788,--when the convention had been in session just one week In this letter, after soreat consolation to find that the sentiinians are in unison with those of our Northern friends I am satisfied four fifths of our inhabitants are opposed to the new sche south of James River, I ae as it may seem, the numbers in convention appear equal on both sides: so that the oes, will be small The friends and seekers of power have, with their usual subtilty, wriggled the shapes as various as the faces of the men they address on such occasions

If they shall carry their point, and preclude previous ahly necessary to form the society youa rehts which are yielded by the new plan Colonel George Mason has agreed to act as chairman of our republican society His character I need not describe He is every way fit; and we have concluded to send you by Colonel Oswald a copy of the Bill of Rights, and of the particular amendments we intend to propose in our convention The fate of theether uncertain; but of that you will be inforreat subject is of the last moment; and our opponents expect er, I think it is easily avoided

I can assure you that North Carolina is inia The people there see all, before they subanization of our system may be so contrived as to include lesser associations dispersed throughout the State This will re from our dispersed situation Colonel Oswald's short stay here preventsas much on the subject as I could otherwise have done And after assuring you of my ardent wishes for the happiness of our co leave to subscribe ard,

Sir, your obedient, humble servant, P HENRY[398]

On the 27th of June, within a few hours, very likely, after the final adjournment of the convention, Madison hastened to report to Washi+ngton the great and exhilarating result, but with this anxious and really unjust sur the course then to be pursued by Patrick Henry:--

”Mr H----y declared, previous to the final question, that although he should submit as a quiet citizen, he should seize the firstoff the yoke in a constitutional way I suspect the plan will be to encourage two thirds of the legislatures in the task of undoing the work; or to get a Congress appointed in the first instance that will commit suicide on their own authority”[399]

At the sa, probably, Madison sent off to Hamilton, at New York, another report, in which his conjecture as to Patrick Henry's intended policy is thus stated:--

”I am so uncharitable as to suspect that the ill-will to the Constitution will produce every peaceable effort to disgrace and destroy it Mr Henry declaredthat he should ith i, in a constitutional way, the lost liberties of his country”[400]