Page:Sketches of the life and character of Patrick Henry.djvu/408

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384 SKETCHES OF THE

will probably decide, that as in most family quar- rels, both parties have been somewhat, in the wrong.

For my purpose, it is sufficient to state the rise and existence of those parties, and the fact that their colli- sion had convulsed the whole society. Mr. Henry, although removed from the immediate scene of conten- tion, was still an object of too much consequence to be viewed with indifference. He had a weight of charac- ter which gave to his opinions a preponderating influ- ence on every subject, and both parties were equally anxious to gain him to their cause. His expressions were watched with the most anxious attention, and it was not long before an alarm of his defection from the popular cause, was given. The first occasion of it I discover, was the treaty of 1 794 with Great Britain, commonly known by the name of Jay's treaty.

It will be remembered by the reader, that Mr. Henry had objected to the constitution, on the ground that it gave to the president and senate, the whole ti'eaty-mak- ing power. This construction of the instrument, was not denied in the state convention; but on the contrary, was at least impliedly admitted; and the provision was vindicated on the ground that the power of treating could be no where more safely and properly lodged. When, therefore, the republican leaders in the house of representatives, claimed a right to participate in the ratification of Jay's treaty, Mr. Henry considered them as inconsistent with themselves, and as departing from their own construction of the constitution. This charge and the defence, have both been made known to me, by the following letter from Mr. Henry to his daughter, Mrs. Aylett:

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