Page:Debates in the Several State Conventions, v3.djvu/207

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Randolph.]
VIRGINIA.
191

The honorable gentleman has passed by my observations with respect to British debts. He has thought proper to be silent on this subject. My observations must therefore have full force. Justice is, and ought to be, our maxim; and must be that of every temperate, moderate, and upright man. I should not say so much on this occasion, were it not that I perceive that the flowers of rhetoric are perverted, in order to make impressions unfavorable and inimical to an impartial and candid decision. What security can arise from a bill of rights? The predilection for it has arisen from a misconception of its principles. It cannot secure the liberties of this country. A bill of rights was used in England to limit the king's prerogative; he could trample on the liberties of the people in every case which was not within the restraint of the bill of rights.

Our situation is radically different from that of the people of England, What have we to do with bills of rights? Six or seven states have none. Massachusetts has declared her bill of rights as no part of her Constitution. Virginia has a bill of rights, but it is no part of her Constitution. By not saying whether it is paramount to the Constitution or not, it has left us in confusion. Is the bill of rights consistent with the Constitution? Why, then, is it not inserted in the Constitution? Does it add any thing to the Constitution? Why is it not in the Constitution? Does it except any thing from the Constitution? Why not put the exceptions in the Constitution? Does it oppose the Constitution? This will produce mischief. The judges will dispute which is paramount. Some will say, the bill of rights is paramount: others will say, that the Constitution, being subsequent in point of time, must be paramount. A bill of rights, therefore, accurately speaking, is quite useless, if not dangerous to a republic.

I had objections to this Constitution. I still have objections to it. [Here he read the objections which appeared in his public letter.] The gentleman asks. How comes it to pass that you are now willing to take it? I answer, that I see Virginia in such danger, that, were its defects greater, I would adopt it. These dangers, though not immediately present to our view, yet may not be far distant, if we disunite from the other states. I will join any man in endeavoring