the people, for full and free investigation, discussion and decision. They also passed, December 12, 1787, a resolution as to this Convention and defining the rights and privileges of the members thereof; and directed 8,000 pounds to be supplied from the State Treasury to defray the expenses attendant on the Convention. (Id. 12, p. 463.) This appropriation was ratified and made effectual. (Id. 12, p. 645.)

The work of the Federal Convention, all the members of which were of very respectable, and many of pre-eminent ability and talents, commanded great respect. The subjects of their deliberations and acts were discussed far and wide, and excited approval and opposition in many quarters. These considerations caused the selection of delegates to the Virginia State Convention to be warmly contested and strongly fought. But the selections, in Virginia, were peculiarly happy; and, when the Convention opened, there appeared, as delegates that had been chosen by the people, at the recent election, from almost every county and corporation, citizens conspicuous for their talent, reputation and integrity. The sessions of this Assembly were public and in the face of the whole world. The members differed upon some of the subordinate expedients, but all agreed as to the fundamental essentials of the Constitution.

The Constitution was ratified by the Convention, with the proposition to supplement its provisions with a bill of rights, containing twenty articles, and twenty-one other amendments, which have proven, in the years which have elapsed since that time, as far as they became a part of the Constitution, most powerful and efficacious bulwarks of the Constitution against the efforts of the United States courts and Congress to construe and legislate its prominent provisions out of existence; and possibly are to play a yet more prominent part in the future. The celebrated Patrick Henry, the apostle of liberty, is entitled to most of the praise for the great work of engrafting the substance of these famous amendments on the original Constitution. He was ably assisted by George Mason, and other great men of the body. The debates of these distinguished statesmen will ever be memorable in the annals of constitutional government and liberty; and will be studied and cited, not only as brilliant and forceful arguments and speeches, which are luminous with inspiring eloquence, powerful reasoning and ornate diction; but also as profound dissertations upon the fundamental principles of constitutional law and civil polity. They show keen perception, vast and extensive research, deep and accurate investigation into institutional and organic law and principles of government, and a marvellous display of the graces and effects of surpassing oratory. The members of this great assembly, not only won imperishable reputations, in this State, but their fame extended to all parts of this Continent, and even elicited the admiration of the wise and discerning in foreign countries.

There was a brilliant constellation of genius and eloquence in this illustrious body of patriots and statesmen. Among the foremost and most famous were: Patrick Henry, John Marshall, Edmund Randolph, Edmund Pendle

ton, George Wythe, James Madison, George Nicholas, James Taylor, Archibald Stuart, Nathaniel Burwell, Francis Corbin, Thomas Mathews, Henry Lee, Paul Carrington, Benjamin Harrison, John Tyler, Thomas Roane, Theodrick Bland, William Grayson, James Monroe, George Mason, Richard Cary, James Innes, Bushrod Washington, and Edmund Ruffin; and the other members of the body were gentlemen of such worth and reputation, that their respectability and character were not inferior to those of these celebrated statesmen and orators, while their talents and learning caused them to stand in a rank almost as high and eminent.

The question of the ratification or rejection of the proposed Constitution was the main matter before the body. The Constitution was ratified by only a majority of ten votes, as shown by the following:

"It was resolved in the affimative-Ayes, 89; noes, 79.

"On motion of Mr. George Mason, seconded by Mr. Patrick Henry, the ayes and noes on the said main question were taken as followeth :

"AYES-Hon. Edmund Pendleton, Esq., President; Messrs. George Parker, George Nicholas, Wilson Nicholas, Zachariah Johnston, Archibald Stuart, William Dark, Adam Stephen, Martin McFerran, William Fleming, James Taylor (of Caroline), The Hon. Paul Carrington, Messrs. David Patteson, Miles King, Worlich Westwood, David Stuart, Charles Simms, Humphrey Marshall, Martin Pickett, Humphrey Brooke, John Sheaman Wookcock, Alexander White, Warner Lewis, Thomas Smith, George Clendinin, John Stewart, William Mason, Daniel Fisher, Andrew Woodrow, Ralph Humphreys, George Jackson, John Prunty, Isaac Vanmeter, Abel Seymour, His Excellency, Governor Randolph, John Marshall, Nathaniel Burwell, Robert Andrews, James Johnson, Robert Breckinridge, Rice Bullock, William Fleet, Burdet Ashton, William Thornton, James Gordon (of Lancaster), Henry Towles, Levin Powell, William Overton Callis, Ralph Wormley, Jr., Francis Corbin, William McClerry, Willis Riddick, Solomon Shepherd, William Clayton, Burwell Bassett, James Webb, James Taylor (of Norfolk), John Stringer, Littleton Eyre, Walter Jones, Thomas Gaskins, Archibald Woods, Ebenezer Zane, James Madison, James Gordon (of Orange), William Roland, Anthony Walke, Thomas Walke, Benjamin Wilson, John Wilson (of Randolph), Walker Tomlin, William Peachy, William McKee, Andrew Moore, Thomas Lewis, Gabriel Jones, Jacob Rinker, John Williams, Benjamin Blunt, Samuel Kello, John Hartwell Cocke, John Allen, Cole Digges, Henry Lee (of Westmoreland), Bushrod Washington, The Hon. John Blair, The Hon. George Wythe, Messrs. James Innes, and Thomas Matthews.

"NOES-Messrs. Edmund Curtis, John Pride, Edmund Booker, William Cabell, Samuel Jordan Cabell, John Trigg, Charles Clay, Henry Lee (of Bourbon), The Hon. John Jones, Messrs. Binns Jones, Charles Patteson, David Bell, Robert Alexander, Edmund Winston, Thomas Read, Benjamin Harrison, The Hon. John Tyler, Messrs. Stephen Pankey, Jr., Joseph Michaux, Thomas H. Drew, French Strother, Joel Early, Joseph Jones, William Watkins, Merriwether Smith, James Upshur, John Fowler, Samuel Richardson,

Joseph Haden, John Early, Thomas Arthurs, John Guerrant, William Sampson, Isaac Coles, George Carrington, Parke Goodall, John Carter Littlepage, Thomas Cooper, John Marr, Thomas Roane, Holt Richeson, Benjamin Temple, Stevens Thompson Mason, William White, Jonathan Patteson, Christopher Robertson, John Logan, Henry Pawling, John Miller, Green Clay, Samuel Hopkins, Richard Kennon, Thomas Allen, Alexander Robertson, John Evans, Walter Crockett, Abraham Trigg, Matthew Walton, John Steele, Robert Williams, John Wilson (of Pittsylvania), Thomas Turpin, Patrick Henry, Robert Lawson, Edmund Ruffin, Theoderick Bland, William Grayson, Cuthbert Bullitt, Thomas Carter, Henry Dickinson, James Monroe, John Dawson, George Mason, Andrew Buchanan, John Howell Briggs, Thomas Edmunds, The Hon. Richard Cary, Messrs. Samuel Edmison, and James Montgomery."

Thus the sessions of this Convention culminated in the adoption and ratification of the Constitution of the United States by the State of Virginia. But in doing this, these wise and patriotic statesmen, as far as they could, without sacrificing the amity and confederation that was then so essential to the well being and existence of the compact that existed between the States, endeavored to maintain the integrity and independence of the State-government, and the liberties and rights of the people. In order to accomplish these wise purposes, as far as practicable, this Convention ordained a declaration of rights, which contained twenty clauses, and is the very creed of liberty; and twenty-one amendments to the Constitution; and ratified the Constitution in a most guarded and cautious manner, so that the State should not surrender her independence, and the right to resume all of her sovereign powers, which she vested in the Federal Goverment, only during her will and pleasure.

While neither this declaration of rights, nor the amendments, were proposed by Congress, in the very terms and language in which they were drawn, to the legislatures of the several States for ratification, yet the substance and spirit of these famous documents were embodied in the ten articles to the Constitution, which Congress, at its session in New York, in March, 1789, proposed to the legislatures of the States, and which were adopted by them, and constitute the first ten amendments to the Constitution of the United States.

The manner of the ratification of the Constitution of the United States by this Convention, submitted to it by the General Assembly of the State of Virginia, for its consideration, and its ratification or rejection, was a subject of much debate and controversy by the members of that body-Patrick Henry and George Mason, and their followers, being absolutely and unfalteringly opposed to the unconditional ratification of the Constitution; while James Madison and Edmund Randolph, and their coadjutors, favored ratification as the only thing that was expedient, though it gave the Federal Government enlarged and national powers and functions. A commtttee was appointed to consider this important matter, and a form of ratification was

reported from that committee, by Edmund Randolph, in the words cited below, where the entire document is engrossed, and in that form was adopted by the Convention, on June 25, 1788.

It should be observed that the State of Virginia in this act of ratification of the Constitution of the United States, expressly reserved, by this ordinance of her representatives, who exercised her sovereign power, in the premises, the right to resume the powers granted under the Constitution," in the plain declaration and proviso that those powers, "being derived from the people of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression, and that every power not granted thereby (meaning the Constitution) remains with them and at their will." These solemn rights, thus sacredly and wisely guarded, were in a large degree, taken from the Commonwealth, as the circumspect and far-seeing gentlemen, in this Convention, predicted, with almost prophetic inspiration, they would be, by the strong and iron hand of military power; and have been, to some extent, at least, construed and legislated out of existence by hostile and servile courts and partisan Congresses; but the glory and the wisdom of this great Convention is immortal, and the genius and eloquence its members displayed are imperishable. Their fame has ripened and mellowed as the years have passed, until their characters and reputations. their learning and oratory, have become not only the pride of the Commonwealth, but the moral and intellectual heritage of the country.

PROCEEDINGS OF THE CONVENTION OF 1788.

The Convention met, Monday, June 2, 1788, in the State-House, in the city of Richmond, Va., and continued in session until Friday, June 27, 1788, having existed only twenty-five days.

The Convention met, pursuant to the Resolutions of the General Assembly of Virginia, of October 25, 1787, for the purpose of a full and free investigation and discussion of and decision upon the plan of Federal Government for the United States, recommended by the Federal Convention, held in Philadelphia, May 2, 1787.

This Convention consisted of one hundred and seventy members, elected March, 1788, pursuant to the Resolutions of the General Assembly enacted October 25, 1787.

Edmund Pendleton was unanimously elected President of the body.

Rev. Abner Waugh was unanimously elected chaplain to the Convention and was ordered to attend every morning to read prayers, immediately after the bell was rung for calling the Convention.

John Beckley was made Secretary of the Convention by unanimous vote. The Convention, on the second day of its sitting, and thereafter, until its adjournment, met at the New Academy, on Shockoe Hill, in the city.

The Convention resolved that the rules and orders for conducting business in the House of Delegates, as far as the same were applicable, be observed therein.

The Convention constituted a Committee on Privileges and Elections, and other committees, from time to time, as they were needed.

The Convention from day to day, as the business required, resolved itself into a Committee of the Whole to take into consideration the proposed Constitution of government for the United States.

After a thorough and exhaustive investigation and discussion of the entire proposed Constitution, on June 25, 1788, it was ordered, that a committee be appointed to prepare and report a form of ratification, of the Constitution, which committee was appointed, and consisted of Edmund Randolph, George Nicholas, Francis Corbin, James Madison, and John Marshall.

On the same day, June 25, it was ordered, that a committee be appointed to prepare and report such amendments to the proposed Constitution as shall by them be deemed necessary to be recommended to Congress; which committee was appointed, and consisted of George Wythe, Benjamin Harrison, Thomas Mathews, Patrick Henry, Edmund Randolph, George Mason, George Nicholas, William Grayon, James Madison, John Tyler, John Marshall, James Monroe, William Ronald, Theodorick Bland, Meriwether Smith, Paul Carrington, James Innes, Samuel Hopkins, John Blair, and Charles Simms.

The Convention, on June 27, 1788, adopted the following Declaration of Rights of the People, reported by the committee, and ordered the same to be transmitted and recommended to Congress, with the ratification of the Constitution, which the Convention adopted, June 25, 1788, to be acted upon according to the mode prescribed in the fifth article thereof:

DECLARATION OF RIGHTS.

"1. That there are certain natural rights of which men, when they form a social compact, cannot deprive or divest their posterity; among which are the enjoyment of life and liberty, with the means of acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety. "2. That all power is naturally vested in, and consequently derived from, the people; that magistrates, therefore, are their trustees and agents, and at all times amenable to them.

"3. That Government ought to be instituted for the common benefit, protection, and security of the people; and that the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive to the good and happiness of mankind.

"4. That no man, or set of men, are entitled to exclusive or separate public emoluments or privileges from the community, but in consideration of public services, which, not being descendible, neither ought the offices of Magistrate, Legislator, or any other public office to be hereditary.

"5. That the Legislative, Executive, and Judiciary powers of Government should be separate and distinct; and that the members of the two first may be restrained from oppression, by feeling and participating the public bur