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236
DEBATES.
[Nicholas.

call forth the virtue and talents of America. This being the case, will they encroach on the power of the state governments? Will our most virtuous and able citizens wantonly attempt to destroy the liberty of the people? Will the most virtuous act the most wickedly? I differ in opinion from the worthy gentleman. I think the virtue and talents of the members of the general government will tend to the security, instead of the destruction, of our liberty. I think that the power of direct taxation is essential to the existence of the general government, and that it is safe to grant it. If this power be not necessary, and as safe from abuse as any delegated power can possibly be, then I say that the plan before you is unnecessary; for it imports not what system we have, unless it have the power of protecting us in time of peace and war.

Mr. HARRISON then addressed the chair, but spoke so low that he could not be distinctly heard. He observed, that the accusation of the General Assembly, with respect to Josiah Phillips, was very unjust; that he was a man who, by the laws of nations, was entitled to no privilege of trial, &c.; that the Assembly had uniformly been lenient and moderate in their measures; and that, as the debates of this Convention would probably be published, he thought it very unwarrantable to utter expressions here which might induce the world to believe that the Assembly of Virginia had committed murder. He added some observations on the plan of government; that it certainly would operate an infringement of the rights and liberties of the people; that he was amazed that gentlemen should attempt to misrepresent facts to persuade the Convention to adopt such a system; and that he trusted they would not ratify it as it then stood.

Mr. GEORGE NICHOLAS, in reply to Mr. Harrison, observed, that the turpitude of a man's character was not a sufficient reason to deprive him of his life without a trial; that such a doctrine as that was a subversion of every shadow of freedom; that a fair trial was necessary to determine whether accusations against men's characters were well-founded or not; and that no person would be safe, were it once adopted as a maxim, that a man might be condemned without a trial. Mr. Nicholas then proceeded: Although we have sat eight days, so little has been done, that we have hardly begun to discuss the question regularly. The rule