Þe "Liberty" of Patrick Henry

His speech of June 24, 1788, in opposition to ratification of the Constitution

Virginia-style American nationalism is: No damned government is ever going to tell me what I can and cannot do, no way, no how!

Let’s give the mic to Patrick “Give me liberty, or give me death!” Henry, to see the kind of liberty he wanted—and what kind of “infringement” of liberty he feared from the federal government if the Constitution were to be ratified:

Patrick Henry: June 24, 1788:

[The federal government] may, if we be engaged in war, liberate every one of your slaves if they please. And this must and will be done by men, a majority of whom have not a common interest with you…. If they give power to the general government to provide for the general defence, the means must be commensurate to the end…. In this state there are two hundred and thirty-six thousand blacks…. But there are few or none in the Northern States…. May Congress not say, that every black man must fight? Did we not see a little of this last war? We were not so hard pushed as to make emancipation general; but acts of Assembly passed that every slave who would go to the army should be free.

Another thing will contribute to bring this event about. Slavery is detested…. Let that urbanity, which I trust will distinguish America, and the necessity of national defence,— let all these things operate on their minds; they will search that paper, and see if they have power of manumission. And have they not, sir? Have they not power to provide for the general defence and welfare? May they not think that these call for the abolition of slavery ? May they not pronounce all slaves free, and will they not be warranted by that power?… The majority of Congress is to the north, and the slaves are to the south. In this situation, I see a great deal of the property of the people of Virginia in jeopardy, and their peace and tranquility gone.

I repeat it again, that it would rejoice my very soul that every one of my fellow-beings was emancipated…. But is it practicable, by any human means, to liberate them without producing the most dreadful and ruinous consequences? We ought to possess them in the manner we inherited them…. But we ought to soften, as much as possible, the rigor of their unhappy fate…. This, as well as every other property of the people of Virginia, is in jeopardy, and put in the hands of those who have no similarity of situation with us…

LINK: <https://archive.org/details/debatesinseveral03elli/page/596/mode/2up>

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The full speech:

Jonathan Elliot (1888): The Debates in the Several State Conventions: Virginia: ‘Mr. [PATRICK] HENRY, after observing that the proposal of ratification was premature, and that the importance of the subject required the most mature deliberation, proceeded thus:

The honorable member must forgive me for declaring my dissent from it; because, if I understand it rightly, it admits that the new system is defective, and most capitally; for, immediately after the proposed ratification, there comes a declaration that the paper before you is not intended to violate any of these three great rights — the liberty of religion, liberty of the press, and the trial by jury. What is the inference when you enumerate the rights which you are to enjoy? That those not enumerated are relinquished. There are only three things to be retained — religion, freedom of the press, and jury trial.

Will not the ratification carry every thing, without excepting these three things ? Will not all the world pronounce that we intended to give up all the rest? Every thing it speaks of, by way of rights, is comprised in these things. Your subsequent amendments only go to these three amendments.

I feel myself distressed, because the necessity of securing our personal rights seems not to have pervaded the minds of men; for many other valuable things are omitted: — for instance, general warrants, by which an officer may search suspected places, without evidence of the commission of a fact, or seize any person without evidence of his crime, ought to be prohibited. As these are admitted, any man may be seized, any property may be taken, in the most arbitrary manner, without any evidence or reason. Every thing the most sacred may be searched and ransacked by the strong hand of power. We have infinitely more reason to dread general warrants here than they have in England, because there, if a person be confined, liberty may be quickly obtained by the writ of habeas corpus. But here a man living many hundred miles from the judges may get in prison before he can get that writ.

Another most fatal omission is with respect to standing armies. In our bill of rights of Virginia, they are said to be dangerous to liberty, and it tells you that the proper defence of a free state consists in militia; and so I might go on to ten or eleven things of immense consequence secured in your bill of rights, concerning which that proposal is silent. Is that the language of the bill of rights in England? Is it the language of the American bill of rights, that these three rights, and these only, are valuable? Is it the language of men going into a new government? Is it not necessary to speak of those things before you go into a compact?

How do these three things stand? As one of the parties, we declare we do not mean to give them up. This is very dictatorial — much more so than the conduct which proposes alterations as the condition of adoption. In a compact there are two parties — one excepting, and another proposing. As a party, we propose that we shall secure these three things; and before we have the assent of the other contracting party, we go into the compact, and leave these things at then mercy.

What will be the consequence? Suppose the other states shall call this dictatorial. They will say, Virginia has gone into the government, and carried with her certain propositions, which, she says, ought to be concurred in by the other states. They will declare that she has no right to dictate to other states the conditions on which they shall come into the Union. According to the honorable member's proposal, the ratification will cease to be obligatory unless they accede to these amendments. We have ratified it. You have committed a violation, will they say. They have not violated it. We say, we will go out of it.

You are then reduced to a sad dilemma — to give up these three rights, or leave the government. This is worse than our present Confederation, to which we have hitherto adhered honestly and faithfully. We shall be told we have violated it, because we have left it for the infringement and violation of conditions which they never agreed to be a part of the ratification. The ratification will be complete. The proposal is made by the party. We, as the other, accede to it, and propose the security of these three great rights; for it is only a proposal. In order to secure them, you are left in that state of fatal hostility which I shall as much deplore as the honorable gentleman. I exhort gentlemen to think seriously before they ratify this Constitution, and persuade themselves that they will succeed in making a feeble effort to get amendments after adoption.

With respect to that part of the proposal which says that every power not granted remains with the people, it must be previous to adoption, or it will involve this country in inevitable destruction. To talk of it as a thing subsequent, not as one of your unalienable rights, is leaving it to the casual opinion of the Congress who shall take up the consideration of that matter. They will not reason with you about the effect of this Constitution. They will not take the opinion of this committee concerning its operation. They will construe it as they please.

If you place it subsequently, let me ask the consequences. Among ten thousand implied powers which they may assume, they may, if we be engaged in war, liberate every one of your slaves if they please. And this must and will be done by men, a majority of whom have not a common interest with you. They will, therefore, have no feeling of your interests. It has been repeatedly said here, that the great object of a national government was national defence. That power which is said to be intended for security and safety may be rendered detestable and oppressive. If they give power to the general government to provide for the general defence, the means must be commensurate to the end. All the means in the possession of the people must be given to the government which is intrusted with the public defence.

In this state there are two hundred and thirty-six thousand blacks, and there are many in several other states. But there are few or none in the Northern States; and yet, if the Northern States shall be of opinion that our slaves are numberless, they may call forth every national resource. May Congress not say, that every black man must fight? Did we not see a little of this last war? We were not so hard pushed as to make emancipation general; but acts of Assembly passed that every slave who would go to the army should be free.

Another thing will contribute to bring this event about. Slavery is detested. We feel its fatal effects — we deplore it with all the pity of humanity. Let all these considerations, at some future period, press with full force on the minds of Congress. Let that urbanity, which I trust will distinguish America, and the necessity of national defence,— let all these things operate on their minds; they will search that paper, and see if they have power of manumission. And have they not, sir.? Have they not power to provide for the general defence and welfare? May they not think that these call for the abolition of slavery ? May they not pronounce all slaves free, and will they not be warranted by that power?

This is no ambiguous implication or logical deduction. The paper speaks to the point: they have the power in clear, unequivocal terms, and will clearly and certainly exercise it. As much as I deplore slavery, I see that prudence forbids its abolition. I deny that the general government ought to set them free, because a decided majority of the states have not the ties of sympathy and fellow-feeling for those whose interest would be affected by their emancipation. The majority of Congress is to the north, and the slaves are to the south.

In this situation, I see a great deal of the property of the people of Virginia in jeopardy, and their peace and tranquility gone. I repeat it again, that it would rejoice my very soul that every one of my fellow-beings was emancipated. As we ought with gratitude to admire that decree of Heaven which has numbered us among the free, we ought to lament and deplore the necessity of holding our fellow-men in bondage. But is it practicable, by any human means, to liberate them without producing the most dreadful and ruinous consequences? We ought to possess them in the manner we inherited them from our ancestors, as their manumission is incompatible with the felicity of our country. But we ought to soften, as much as possible, the rigor of their unhappy fate.

I know that, in a variety of particular instances, the legislature, listening to complaints, have admitted their emancipation. Let me not dwell on this subject. I will only add that this, as well as every other property of the people of Virginia, is in jeopardy, and put in the hands of those who have no similarity of situation with us. This is a local matter, and I can see no propriety in subjecting it to Congress.

With respect to subsequent amendments, proposed by the worthy member, I am distressed when I hear the expression. It is a new one altogether, and such a one as stands against every idea of fortitude and manliness in the states, or any one else. Evils admitted in order to be removed subsequently, and tyranny submitted to in order to be excluded by a subsequent alteration, are things totally new to me. But I am sure the gentleman meant nothing but to amuse the committee. I know his candor. His proposal is an idea dreadful to me. I ask, does experience warrant such a thing from the beginning of the world to this day? Do you enter into a compact first, and afterwards settle the terms of the government? It is admitted by every one that this is a compact.

Although the Confederation be lost, it is a compact, constitution, or something of that nature. I confess I never heard of such an idea before. It is most abhorrent to my mind. You endanger the tranquillity of your country, you stab its repose, if you accept this government unaltered. How are you to allay animosities? — for such there are, great and fatal.

He flatters me, and tells me that I could influence the people, and reconcile them to it. Sir, their sentiments are as firm and steady as they are patriotic. Were I to ask them to apostatize from their native religion, they would despise me. They are not to be shaken in their opinions with respect to the propriety of preserving their rights. You never can persuade them that it is necessary to relinquish them. Were I to attempt to persuade them to abandon their patriotic sentiments, I should look on myself as the most in-famous of men.

I believe it to be a fact that the great body of yeomanry are in decided opposition to it. I may say with confidence that, for nineteen counties adjacent to each other, nine-tenths of the people are conscientiously opposed to it. I may be mistaken, but I give you it as my opinion; and my opinion is founded on personal knowledge, in some measure, and other good authority. I have not hunted popularity by declaiming to injure this government. Though public fame might say so, it was not owing to me that this flame of opposition has been kindled and spread. These men never will part with their political opinions. If they should see their political happiness secured to the latest posterity, then, indeed, they may agree to it. Subsequent amendments will not do for men of this cast. Do you consult the Union in proposing them? You may amuse them as long as you please, but they will never like it. You have not solid reality — the hearts and hands of the men who are to be governed.

Have gentlemen no respect to the actual dispositions of the people in the adopting states? Look at Pennsylvania and Massachusetts. These two great states have raised as great objections to that government as we do. There was a majority of only nineteen in Massachusetts. We are told that only ten thousand were represented in Pennsylvania, although seventy thousand had a right to be represented. Is not this a serious thing? Is it not worth while to turn your eyes, for a moment, from subsequent amendments to the situation of your country? Can you have a lasting union in these circumstances? It will be in vain to expect it.

But if you agree to previous amendments, you shall have union, firm and solid.1 cannot conclude without saying that I shall have nothing to do with it, if subsequent amendments be determined upon. Oppressions will be carried on as radically by the majority when adjustments and accommodations will be held up. I say, I conceive it my duty, if this government is adopted before it is amended, to go home. 1 shall act as I think my duty requires. Every other gentleman will do the same. Previous amendments, in my opinion, are necessary to procure peace and tranquillity. I fear, if they be not agreed to, every movement and operation of government will cease; and how long that baneful thing, civil discord, will stay from this country, God only knows.

When men are free from restraint, how long will you suspend their fury? The interval between this and bloodshed is but a moment. The licentious and wicked of the community will seize with avidity every thing you hold. In this unhappy situation, what is to be done? It surpasses my stock of wisdom. If you will, in the language of freemen, stipulate that there are rights which no man under heaven can take from you, you shall have me going along with you; not otherwise.

[Here Mr. Henry informed the committee that he had a resolution prepared, to refer a declaration of rights, with certain amendments to the most exceptionable parts of the Constitution, to the other states in the confederacy, for their consideration, previous to its ratification. The clerk than read the resolution, the declaration of rights, and amendments, which were nearly the same as those ultimately proposed by the Convention ; which see at the conclusion.]

Mr. HENRY then resumed the subject.

I have thus candidly submitted to you, Mr. Chairman, and this committee, what occurred to me as proper amendments to the Constitution, and a declaration of rights containing those fundamental, unalienable privileges, which I conceive to be essential to liberty and happiness. I believe that, on a review of these amendments, it will still be found that the arm of power will be sufficiently strong for national purposes, when these restrictions shall be a part of the government. I believe no gentleman who opposes me in sentiments will be able to discover that any one feature of a strong government is altered; and at the same time your unalienable rights are secured by them.

The government unaltered may be terrible to America, but can never be loved till it be amended. You find all the resources of the continent may be drawn to a point. In danger, the President may concentre to a point every effort of the continent. If the government be constructed to satisfy the people, and remove their apprehensions, the wealth and the strength of the continent will go where public utility shall direct. This government, with these restrictions, will be a strong government, united with the privileges of the people. In my Weak judgment, a government is strong when it applies to the most important end of all governments— the rights and privileges of the people. In the honorable member's proposal, jury trial, the press and religion, and other essential rights, are not to be given up.

Other essential rights — what are they? The world will say that you intended to give them up. When you go into an enumeration of your rights, and stop that enumeration, the inevitable conclusion is, that what is omitted is intended to be surrendered.

Anxious as I am to be as little troublesome as possible, I cannot leave this part of the subject without adverting to one remark of the honorable gentleman. He says that, rather than bring the Union into danger, he will adopt it with its imperfections. A great deal is said about disunion, and consequent dangers. I have no claim to a greater share of fortitude than others, but I can see no kind of danger. I form my judgment on a single fact alone — that we are at peace with all the world'; nor is there any apparent cause of a rupture with any nation in the world. Is it among the American states that the cause of disunion is to be feared? Are not the states using all their efforts for the promotion of union? New England sacrifices local prejudices for the purposes of union. We hear the necessity of the union, and predilection for the union, reechoed from all parts of the continent; and all at once disunion is to follow!

If gentlemen dread disunion, the very thing they advocate will inevitably produce it. A previous ratification will raise insurmountable obstacles to union. New York is an insurmountable obstacle to it, and North Carolina also. They will never accede to it, till it be amended. A great part of Virginia is opposed most decidedly to it as it stands. This very spirit, which will govern us in these three states, will find a kindred spirit in the adopting states. Give me leave to say that it is very problematical if the adopting states can stand on their own legs. I hear only on one side, but as far as my information goes, there are heartburnings and animosities among them. Will these animosities be cured by subsequent amendments?

Turn away from America, and consider European politics. The nations there which can trouble us are, France, Eng land, and Spain. But at present we know for a certainty that those nations are engaged in very different pursuits from American conquests. We are told by our intelligent ambassador, that there is no such danger as has been apprehended. Give me leave then to say, that dangers from beyond the Atlantic are imaginary.

From these premises, then, it may be concluded that, from the creation of the world to this time, there never was a more fair and proper opportunity than we have at this day to establish such a government as will permanently establish the most transcendent political felicity. Since the revolution, there has not been so much experience. Since then, the general interests of America have not been better understood, nor the Union more ardently loved, than at this present moment. I acknowledge the weakness of the old Confederation. Every man says that something must be done. Where is the moment more favorable than this? During the war, when ten thousand dangers surrounded us, America was magnanimous. What was the language of the little state of Maryland? "I will have time to consider. 1 will hold out three years. Let what may come, I will have time to reflect." Magnanimity appeared every where. What was the upshot? America triumphed. Is there any thing to forbid us to offer these amendments to the other states? If this moment goes away unimproved, we shall never see its return.

We now act under a happy system, which says that a majority may alter the government when necessary. But by the paper proposed, a majority will forever endeavor in vain to alter it. Three-fourths may. Is not this the most promising time for securing the necessary alteration? Will you go into that government, where it is a principle that a contemptible minority may prevent an alteration? What will be the language of the majority? Change the government. Nay, seven-eighths of the people of America may wish the change; but the minority may come with a Roman veto, and object to the alteration.

The language of a magnanimous country, and of freemen, is, Till you remove the defects, we will not accede. It would be in vain for me to show that there is no danger to prevent our obtaining those amendments, if you are not convinced already. If the other states will not agree to them, it is not an inducement to union. The language of this paper is not dictatorial, but merely a proposition for amendments. The proposition of Virginia met with a favorable reception before. We proposed that convention which met at Annapolis. It was not called dictatorial. We proposed that at Philadelphia. Was Virginia thought dictatorial? But Virginia is now to lose her pre-eminence. Those rights of equality to which the meanest individual in the community is entitled, are to bring us down infinitely below the Delaware people.

Have we not a right to say. Hear our propositions! Why, sir, your slaves have a right to make their humble requests. Those who are in the meanest occupations of human life have a right to complain. What do we require? Not'preeminence, but safety — that our citizens may be able to sit down in peace and security under their own fig-trees. I am confident that sentiments like these will meet with unison in every state; for they will wish to banish discord from the American soil. I am certain that the warmest friend of the Constitution wishes to have fewer enemies — fewer of those who pester and plague him with opposition. I could not withhold from my fellow-citizens any thing so reasonable. I fear you will have no union, unless you remove the cause of opposition. Will you sit down contented with the name of union, without any solid foundation?

Mr. Henry then concluded, by expressing his hopes that his resolution would be adopted, and added, that, if the committee should disapprove of any of his amendments, others might be substituted.

LINK: <https://archive.org/details/debatesinseveral03elli/page/596/mode/2up?q=henry&view=theater>

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Note:

Massachusetts-style American nationalism is: we have come from all the corners of the earth to this New World to build, together, a Godly utopia, of which all fleeing the troubles and oppressions of the Old World can have their share, and we will be as a City Upon a Hill, a Light Unto the Nations.

Kentucky-style American nationalism is: We are a special people, born and raised on the frontier, self-reliant and capable: as in the song about the 1815 Battle of New Orleans, The Hunters of Kentucky: “But Jackson he was wide awake,/and wasn’t scared with trifles,/For well he knew what aim we take/with our Kentucky rifles;/So he marched us down to “Cyprus Swamp”;/The ground was low and mucky;/There stood “John Bull,” in martial pomp,/But here was old Kentucky…”