Page:The Records of the Federal Convention of 1787 Volume 3.djvu/277

 these appointments were merely made to avoid your endless garrulity, and if possible, lead you to reason, by the easy road of familiar conversation. But lest you should say that I am a record only of the bad, I shall faithfully recognize whatever occurred to your advantage. You originated that clause in the Constitution which enacts, that “This Constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties made or which shall be made, under the authority of the United States, shall be the supreme law of the land, and the judges in every State shall be bound thereby, anything in the Constitution or the law of any State to the contrary notwithstanding.” You voted that an appeal should lay to the Supreme Judiciary of the United States, for the correction of all errors, both in law and fact. You also agreed to the clause that declares nine States to be sufficient to put the government in motion. These are among the greater positive virtues you exhibited in the Convention; but it would be doing you injustice were I to omit those of a negative nature. Since the publication of the Constitution, every topic of vulgar declamation has been employed to persuade the people, that it will destroy the trial by jury, and is defective for being without a bill of rights. You, sir, had more candour in the Convention than we can allow to those declaimers out of it; there you never signified by any motion or expression whatever, that it stood in need of a bill of rights, or in any wise endangered the trial by jury. In these respects the Constitution met your entire approbation; for had you believed it defective in these essentials, you ought to have mentioned it in Convention, or had you thought it wanted further guards, it was your indispensable duty to have proposed them. I hope to hear that the same candour that influenced you on this occasion, has induced you to obviate any improper impressions such publications may have excited in your constituents, when you had the honor to appear before the General Assembly. From such high instances of your approbation (for every member, like you, had made objections to parts of the Constitution) the Convention were led to conclude that you would have honored it with your signature, had you not been called to Maryland upon some indispensable business; nor ought it to be withheld from you, that your colleagues informed many Gentlemen of the House, that you told them you intended to return before its completion. Durst I proceed beyond these facts, to which the whole Convention can witness, I would ask you why you changed your opinion of the Constitution after leaving Philadelphia. I have it from good authority that you complained to an intimate acquaintance, that nothing grieved you so much as