imposts and excises for the purpose of paying the debts and providing for the common defence. The clause which was affectedly called the sweeping clause, contained no new grant of power. To illustrate this position he observed, that if it had been added at the end of every enumerated power, instead of being inserted at the end of all, it would be obvious to any one, that it was no augmentation of power. As for instance, if at the end of the clause granting power to lay and collect taxes, it had been added, that they should have power to make all laws necessary and proper, to collect taxes, who could suspect it to be an addition? as it would grant no new power, if inserted at the end of each clause, it could not when subjoined to the whole. But who is to determine the extent of such powers? I say the same power which in all well regulated communities determines the extent of legislative powers. If they exceed those powers, the judiciary

will declare it void.

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It is a simple and plain proposition. It is agreed by all, that the people have all power. If they part with any of it, is it necessary to declare that they retain the rest.

Liken it to any other similar case. If I have one thousand acres of land and I grant five hundred acres of it, must I declare that I retain the other five hundred? Do I grant the whole thousand acres when I grant the five hundred, unless

I declare that I retain the five hundred? It is so in this case; after granting some powers the rest must remain with the people.-Va. D. p. 314-15.

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"Again he says

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"In Virginia all powers were in the government without any exception. It was different with the general government to which special powers were delegated for certain purposes.

"The gentleman last up, says that the general power of legislation includes everything. A general power does; but this is a special power of legislation; therefore it does not contain that plenitude of power which he imagines. They can not legislate in any case but in those particularly enumerated." *

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press is secured. What

"The liberty of the secures it in England? Is it secured by Magna Charta, the declaration of rights or by any other express provision? It is not. They have no express security for the liberty of the press. They have a reliance on parliament for their protection and security. In the time of king William, there passed an act for licensing the press. That was repealed and since that time it has been looked upon as safe. The people have depended on their representatives. They will not consent to pass an act to infringe it, because such an act would irritate the nation. It is equally safe with us. As to trial by

jury, it is not on a better footing. It is by implication under the control of the legislature."-Va. D. p. 179-80.

It is worthy of remark that the liberty of speech, of the press, and the right of trial by jury, were expressly secured soon afterward, by amendments to the Constitution.

Early in the debate, Mr. Henry made the following statement, as one of his numerous objections to the adoption of the Constitution:

"There is a dispute between us and the Spaniards about the right of navigating the Mississippi. This dispute has sprung from the federal government. *

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"In my opinion the preservation of that river calls for serious consideration. It was agitated in Congress. Seven States have voted so that it is known to the Spaniards, that under our existing system, the Mississippi shall be taken from them. Seven States wished to relinquish this river to them. The Southern States opposed it. Seven States not being sufficient to convey it away, it remains now ours. If I am wrong

there are a number on this floor who can contradict me I will readily retract. This new government, I concieve, will enable those states that have already discovered their inclination to give away this river. Will honorable gentlemen advise us to relinquish this inestimable navigation, and place formidable enemies at our backs?" -Va. D. p. 115.

Another, one of the most powerful opponents of the Constitution, Mr. George Mason, had thus expressed one of his objections to the Constitution.

"It is ascertained by history, that there never was a government over a very extensive country without destroying the liberties of the people History, also supported by the opinions of the best writers, shows us that a monarchy may suit a large territory; and despotic governments over so extensive a country; but that popular governments can only exist in small territories. Is there a single example on the face of the earth to support the contrary opinion? was there one exception to this rule? was there ever an instance of a general government extending over so extensive a country, abounding in such a variety of climates, where the people retained their liberties?"-Va. D.

In reply Col. Nicholas proceeded:

p. 55.

"It is a fact known to many members, within my hearing, that several members have tried their interest out doors to induce others to oppose this system. Every local interest that could affect their minds, has been operated upon. Can it be possible that gentlemen elected for their ability and integrity, to represent the people of Virginia in this convention, to determine this question, can be influenced by motives like. these? * * * An answer which has been given in this, that if this Constitution be adopted, the western counties will be be lost. It is bet

ter that a few counties should be lost, than all America! But, sir, no such consequences can follow from its adoption, they will be much more secure than they are at present.”

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This Constitution, sir, will secure the equal liberty and happiness of all. It will do immortal honor to the gentlemen who framed it! *** * He (Mr. Henry) has touched on a string which will have great effect. The western country is not safe if this plan be adopted. What do they stand in need of? Do they want protection from enemies? The present weak government can not protect them. But the exercise of the Congressional powers, proposed by this Constitution will afford them ample security, because the general government can command the whole strength of the Union, to protect any particular part. There is another point wherein this government will set them right. I mean the western posts. This is a subject with which every gentleman here is acquainted. They have been withheld from us by the British since the peace. ** As to the navigation of the Mississippi, it is one of the most inalienable rights of the people, and ought to be relinquished on no consideration. The strength of the western people is inadequate to its retention and enjoyment. They can receive no aid from the confederation. This navigation can only be secured in one of two ways, by force or by treaty. As to force, the new government will be more likely to retain it than the old. It will also be more likely