Friday, September 20, 2019

Speech to the Virginia Ratifying Convention, Part XVIII: The Powers We Put in Their Hands

Acknowledging this aspect of Henry’s character, while placing it alongside his status as one of the most ardent – and the most radical – Patriot statesmen of the Founding Generation, is a large part of what makes him such an interesting subject of study. While there can be no denying that he was every bit the impassioned advocate of natural rights and individual sovereignty that he presented to his fellow Americans – as well as an exceedingly skilled orator – he was also most definitely among the canniest, most determined, and most manipulative debaters to have plied his trade in the great forums of discussion from which the Revolution arguably derived its abiding philosophical rigor. He had principles, to be sure, and stood by them to the utmost. But consider some of the things he was willing to do to see those principles realized just within the text of the address herein examined. Over the course of his appeal to the Virginia Ratifying Convention, to the end of seeing the proposed constitution defeated, Henry repeatedly obscured the complexity of the subject at hand, engaged in gross generalizations, sought to stoke the fear, the pride, and the shame of his fellow delegates, dragged the discussion into tangent after tangent, and more than once made claims that quite simply weren’t true. His motivations were pure, by all accounts, and it was also true that amidst the aforementioned rhetorical trickery he often demonstrated a willingness and an ability to discuss the issues at hand – i.e. the nature of sovereignty, civil rights, and public virtue within a consolidated American government – with rigor and enthusiasm. But the value of the former seems to have outweighed the latter in Henry’s considered opinion. Whatever he actually believed, and however willing he was to discuss his beliefs, he appeared to attach greater value to strength of arms – rhetorically speaking – than strength of ideas. Convincing someone that you’re right and they’re wrong takes a great deal of effort, after all, and persistence, and even compassion. Winning an argument is much, much easier.

In this sense, and in certain aspects, Henry arguably embodied exactly the kind of politician that the American public has since taken to lamenting the presence of for as long as political media has existed in that country. Politicians are dishonest, people say, and manipulative, and egotistical. They tell lies, and they exaggerate, and they mislead, and they generalize, and all so that they can win some battle or other that they’ve convinced themselves is more important than being honest or having principles. Such litanies of frustration are often followed by a kind of wistful grieving for the loss of political innocence symbolized by the existence of this species of wanton narcissist. “Things were better then,” they bewail, “When people said what they meant and stood by their convictions. Oh, to have been alive to see it! And woe to us for having lost it forever!” The Founding is naturally one of the “golden eras” most often pointed to during discussions such as these, shining forth in the American psyche as it continues to do. The Founders are held up as almost godly ideals, sources of insight, paragons of virtue, and geniuses beyond the ability of the modern world to produce. Armed with word and sword, they smote the wicked British and built a nation upon the principles of liberty, equality, and justice the likes of which the world had never seen. America and Americans will never reach that height again, of course. The gods have long since ceased to stride the earth. But attempting to emulate the example of the Founders – or at the least paying heed to what wisdom they left in their wake – remains a widely valued endeavor, and one which individuals and organizations of nearly every political stripe seek to engage with to this day. To quote the Founders while attempting to justify a given policy position is to invoke a purer rationale than one could hope to synthesize on one’s own. To follow the lead of the Founders while pursuing a given objective is to invoke a moral authority which has virtually no equal in American public discourse.

As Patrick Henry has herein hopefully helped to demonstrate, however, the kinds of political behaviors which have caused generations of Americans to seek solace and inspiration in the example of the Founders were far from unknown to that same sainted cohort. Henry, the man whose exhortation to his fellow Virginians of, “Give me Liberty, or Give me Death” continues to loom large in the American collective consciousness as perhaps the single most powerful example of political conviction in the whole of the nation’s history, was also demonstrably a purveyor of half-truths and calculated omissions whose approach to political discourse, in not downright underhanded, was rarely as forthright or transparent as his avowed convictions would otherwise indicate. Quite possibly owing to his training and experience as a lawyer at the bar – in which arena the unvarnished truth often proves a less effective guarantee of success than a well – told story – the favorite son of Hanover County, Virginia seemed to approach the various debates in which he took part as though they were any other suit that he had been paid to try. At the end of the day, regardless of who was telling the truth and who was lying, there would be a winner and there would be a loser. The winner, regardless of their convictions, was the one who managed to convince the jury that their interpretation of the subject at hand was the correct one. And the loser, regardless of the purity of their motivations or the justness of their principles, was the one who failed to do the same. By a measure of value such as this, results were what mattered far more than the integrity with which the thing had been carried out.

Thus was Patrick Henry – that great sentinel of liberty – able to say a great many things to his fellow delegates to the Virginia Ratifying Convention which the modern investigator might regard as disingenuous, manipulative, or even downright deceitful without wholly abandoning the basic principles for which he was laboring. Henry knew – as well as any 21st century political actor knows – that the surest way to see your convictions made manifest in the world is to win, win, win. Because if you don’t win, you have no power; and if you have no power, you can’t make the things happen that you know need to happen. You don’t have to convince people that what you believe is what they should believe, and you don’t have to have an answer for every probing question or apparent inconsistency that comes your way. All you need to do, by whatever means at your disposal and by whatever measure you care to establish, is to show people that you are right and that they can be right, too. Only then, once the dust has settled and victory has been confirmed, does conviction really apply. This is to say, only when conviction can reliably be translated into action. Otherwise, faced with an equally determined opponent, principle can very quickly turn from virtue to liability.

Henry was far from alone among the Founding Generation, of course, in viewing politics through such an outwardly mercenary lens. Alexander Hamilton (1757-1804), that great architect of American institutions, was notorious for his rhetorical prowess and his penchant for backroom dealing. Rare was the situation he found himself in that he hadn’t already shaped to his advantage, and rarer still was the opportunity to advance his goals that he didn’t actively and effectively seize. During the Newburgh Conspiracy, for example, when, in March, 1783, members of the Continental Army led by one John Armstrong (1758-1843) began discussing plans to march on Congress from their camp at Newburgh, New York over unpaid wages and underfunded pensions, Hamilton joined with a number of his fellow Congressmen in attempting to leverage the apparent threat of mutiny to the advantage of their particular policy objectives. The American treasury having been almost entirely emptied – and legislation authorizing an import tariff having been defeated in Congress in November, 1782 – Hamilton and his cohorts believed that the need to suddenly and rapidly locate a source of military financing in the face of a potential uprising represented the best chance to force through such measures as would permanently expand the financial independence of the nascent national government. That this scheme was ultimately foiled as a result of the Continental Army Commander-in-Chief’s efforts to remind the men and officers camped at Newburgh of their duty to Congress and to the nation – and that Hamilton’s intentions, as far as history records, were entirely focused on strengthening a government which he believed could do more good for more people – does nothing to change the essential circumstances of the event.

Faced with the possibility of an unauthorized military seizure of the legislative body of which he was a member – representing essentially a coup d’état upon the contemporary American government – Alexander Hamilton sought to use the threat of rebellion to essentially extort the outcome from Congress which his and his colleagues had thus far failed to achieve. He accordingly sought to encourage the mutineers, pushed his fellow Congressmen to adopt the funding powers which they had previously rejected, and worked to frustrate attempts at some manner of alternate solution. His motivation, it bears repeating, did not appear to be personal. That is to say, he was not attempting to enrich himself in the bargain. Altruistic though his intentions may have been, however, his methods were unquestionably narrow, self-serving, and duplicitous. Rather than proceed, in spite of previous setbacks, in the spirit of honesty, reason, and forbearance, he attempted to short-circuit the proceedings of Congress by way of fear and desperation. The law would not have agreed with Hamilton on his use of such means, nor would contemporary standards of morality have given him leave. Neither of these things mattered to the man who would soon enough become the first Secretary of the Treasury of the United States of America, of course, because he knew – as Patrick Henry knew in 1788 – that he was right and that his opponents were wrong.

Though Hamilton has since become somewhat infamous in the annals of American history for exactly this kind of questionable behavior, some of his most ardent opponents were no less guilty of disregarding contemporary definitions of legality and morality in pursuit of those objectives which they believed it most essential to achieve. No less august a personage than Thomas Jefferson (1743-1826) – a man for whom virtue became a watchword and liberty a rallying cry – engaged in a number of enterprises just within the scope of his tenure as President (1801-1809) whose rectitude were similarly shaky at best. In one instance, upon the unexpected offer from French Emperor Napoleon (1769-1821) to sell the entirety of Louisiana rather than just the city of New Orleans – whose purchase an American delegation had been dispatched to Paris to negotiate in 1803 – Jefferson chose to disregard both his own doubts and those of his fellow Republicans as to the constitutionality of the prospect by pushing for the rapid approval of the deal by the United States Senate. Though the Constitution – the text of which Jefferson and his supporters loudly affirmed ought to have been followed to the letter – did grant the President and the Senate sole authority to make treaties which would subsequently possess the full force of law, it nowhere granted the federal government the explicit ability to take possession of previously foreign territory for the purpose of enlarging the American republic. There can be almost no doubt whatsoever that the Republicans under Jefferson would have pointed angrily to this very deficit had the administration of either George Washington (1732-1799) or John Adams (1735-1826) attempted to pursue such an expansion of federal power as the Louisiana Purchase most definitely represented. As it stood, however, and despite contemplating the need for a constitutional amendment – a sure indication that Jefferson was himself unclear as to the strict legality of the course he was pursuing – the sale went ahead. Eager to plant the seeds of the “Empire of Liberty” which he believed the American continent was destined to become, Jefferson was evidently not about to let a mere pang of uncertainty – vast though its implications may have been – stand in his way.

In another instance, in that same fateful year of 1803, Jefferson sought to eliminate Federalist influence within the national judiciary by encouraging his fellow Republicans in Congress to use the impeachment clause of the Constitution to remove a number of federal judges that had been appointed by the two previous administrations. While at least one of the men accordingly targeted for removal almost certainly warranted it – that being District Court Judge John Pickering (1737-1805), a native of New Hampshire who was suffering from mental deterioration and alcoholism – the most prominent victim identified by the Jefferson Administration was guilty of nothing more than indelicacy and arrogance while ruling from the bench. Samuel Chase (1741-1811), a former Maryland legislator and Continental Congressman, had been appointed to the Supreme Court by President Washington in 1796 and had served relatively without incident for the better part of the decade that followed. He was, to be sure, an opinionated man, and one who was not afraid to give vent to his political frustrations while presiding over a case. But he had committed no legal or ethical lapses while in office, and he had at no point given evidence that his continued service presented a hazard to the welfare of the American people. Regardless, because he was a Federalist and wasn’t quiet about the fact, Jefferson sought his expulsion from the Court. “Ought the seditious and official attack on the principles of our Constitution [...] to go unpunished?” he hinted accordingly to Republican Congressman Joseph Hopper Nicholson (1770-1817). Articles of impeachment were thereafter introduced in the waning months of 1803 by Nicholson’s colleague John Randolph (1773-1833) and Chase was brought to trial before the Senate in February, 1805 on eight counts of having behaved in a manner unbecoming of a federal justice.

Though Chase was subsequently acquitted on all counts by the Senate – controlled, it should be noted, by Jefferson’s own party and presided over by his Vice President, Aaron Burr (1756-1836) – a fact of tremendous significance to the principle of judicial independence as applied in the United States of America, this would seem to matter somewhat less under the circumstances than the fact that he was impeached and tried to begin with. Jefferson and his Republican allies – in the House if not in the Senate – were evidently so convinced that the American people stood to benefit from their policy program that they were willing to essentially weaponize the impeachment process defined by the Constitution so as to clear away potential opposition in the federal courts. In some cases – that of the aforementioned John Pickering – this was likely just as well. But Samuel Chase had done nothing more than exercise the right to free speech which he possessed under the Bill of Rights. It was indelicate of him, certainly, to behave the way he did, and somewhat at odds with the principle of a non-partisan judiciary. During proceedings before a Baltimore grand jury, for example, Chase had responded to the recent repeal of the Judiciary Act of 1801 – passed during the waning months of the Adams Administration in order to ensure continued Federalist influence over the federal courts – by declaring that such actions would soon enough, “Take away all security for property and personal liberty, and our Republican constitution will sink into a mobocracy.” Troubling though this action may have been – a Republican plaintiff, for example, might thereafter been fairly given to question Chase’s ability to hear his case – it nonetheless hardly qualified as a “high crime or misdemeanor” for which impeachment was the proper remedy. President Jefferson, though he had vociferously defended the principle of free expression as Vice President under John Adams in the 1790s in the face of the Sedition Act (1798), appeared in this case to be uninterested in such legal niceties. Justice Chase and his ilk posed a political problem for the newly-empowered Republicans and threatened to derail their plans for the nation at large. As Jefferson doubtless considered said plans to be to the benefit of the American public as a whole, it was accordingly permissible for him and his cohorts in Congress to temporarily ignore certain principles for which they might otherwise profess the most ardent support.

Even George Washington – the darling of the Revolution and a man whose probity and restraint comes across at times as almost superhuman – was not immune to the promise of what such temporary lapses could conceivably deliver. As discussed in a previous entry in these very series, the Commander-in-Chief of the Continental Army was at times reviled about as much as he was heralded during his service in the Revolutionary War. Many a man professed to him their undying loyalty and sought to protect him from defamation or disaster. But many others coveted his office, or doubted his competence, or held fast to personal agendas to which he presented an obstacle. Rather than allow this state of affairs to play out on its own, however – that is to say, rather than allow Congress to decided, according to whatever information it deemed significant, to decide what became of his command – Washington carefully but deliberately manipulated the situation to his own maximum benefit. He instructed the coterie of young officers who followed steadfastly in his wake to restrain themselves in some instances and sally forth in others, collected such damning information concerning his rivals as his supporters were able to secure, allowed his enemies in the Continental Army to overplay their hands when it appeared that he was determined to offer no resistance, and then presented such damning evidence as would destroy the reputation of any challenger to his authority. It was, as aforementioned, a subtle course of action, and not one which Washington was necessarily wrong to pursue. History ultimately proved, after all, that he was the man to lead the Continental Army to victory. All the same, however, his likely rationale – that he was indeed better suited to command the forces authorized and funded by Congress than any other officer presently available – was exceedingly slippery. Right though he may have been about his own abilities and those of his potential replacements, it really wasn’t his place to decide who should have commanded the Continental Army. He had been called to service by Congress in 1775 – reluctantly, it appeared at the time – and it was the responsibility of Congress alone to either keep him in place or ask him to step down. By subtly shaping the circumstances within which challenges to his authority came to light, he was thus essentially putting this thumb on the scales – not substituting his opinion for that of Congress, but most definitely tilting the odds that they would side with him in his favor.

 “Yes, yes, yes,” you’re doubtless muttering to yourself just now, “But what does any of this matter? Are you really saying that dishonesty in politics is in some way justified by the various examples set by the Founding Generation?” No, that’s not what I’m saying. Henry was wrong to act as he did during the Virginia Ratifying Convention; as was Hamilton in 1783; as was Jefferson twenty years later, as was Washington during the Revolutionary War. Little profit can be derived, I think, when people in positions of power and influence forgo honesty and justice in pursuit of some goal or other which they cannot see achieved otherwise. What I am saying is that anyone who feels the same way should not look to the Founding Generation for examples of how public servants ought to behave. The Founders were most definitely possessed of uncommon wisdom, insight, ingenuity, and forbearance between them and their actions on behalf of the cause of American independence and American nationhood were and continue to be a blessing upon the lives and livelihoods of their countrymen. That being said, they could also be as ambitious, and self-serving, and duplicitous as any politician whose behavior has become cause for public lamentation. Certainly they were capable of making tremendous personal sacrifices on behalf of the principles which they professed and the community to which they had pledged their service. George Washington’s health paid dearly for his years of military service, Thomas Jefferson traveled to the other side of the world – shortly after losing his wife and daughter, no less – in order to represent his nation’s interests in foreign courts, and Alexander Hamilton fairly threw himself into danger at every opportunity during his service with the Continental Army. Even Patrick Henry, who never served in any military post that threatened to expose him to mortal danger or in fact ever deigned to leave the confines of his native Virginia, voluntarily gave up the influence which he had gathered to himself over the course of the 1760s and 1770s in order to take possession of an office – i.e. Governor of Virginia – whose power was comparatively quite limited. Duty had compelled these men, and for that they should be celebrated. But they were also all of them keenly interested in promoting their own agendas, and to that end demonstrated an often pliable sense of what was strictly moral or legal.

To attempt to be succinct, I might say that in politics it does not pay to ever trust anyone always and completely. Some people in public service are very clearly interested only enriching themselves. These individuals, if they are to be dealt with at all, should be kept at arm’s length at all times. That being said, even the greatest statesmen of a given time and place, whose reputations appear to have been founded upon the unshakable bedrock of honesty and integrity, should never be given carte blanche to do as they will. Politicians, at the end of the day, are still politicians. They may loudly decry the necessity and the kinds of decisions it forces them to make, but a significant portion of their job revolves around finding ways to win. Sometimes this means winning elections, sometimes it means winning a debate; the challenges and temptations are the same regardless. And why shouldn’t they be tempted? The questions they are made to answer routinely involve matters of life and death, wealth and destitution, health, happiness, and the very nature of the public good. If, in order to see accomplished some end which they truly believe could change countless lives for the better, why shouldn’t they willingly commit some minor infraction? Would it not be manifestly immoral to do otherwise?

These kinds of inquiries, I suspect, are better left to philosophers and priests to answer with anything like definite certainty. That being said, they are questions which countless public servants have faced and continue to face at all times and in all places. Sometimes they abjure their convictions and sometimes they do not, but not one of them, I am convinced, is above having to at least consider the prospect. What is required, therefore, of the individual whose lives and livelihoods hang in the balance of these great and terrible decisions is nothing less than eternal vigilance. Ironically enough, this was precisely the prescription that the Founders themselves seemed universally to offer to the fears and concerns of their countrymen as to the fitness or longevity of republican government. Perhaps they knew their own limitations as well as subsequent generations would come to know their virtues. Trust no one with power they said, while they themselves held it; take nothing for granted, they said, when they as often depended on their fellow Americans to do exactly that. Patrick Henry himself, whose speech to the Virginia Ratifying Convention delivered in the summer of 1788 was the subject and catalyst of the present discussion, shines forth as an excellent example of precisely this dichotomy. In the same oration in which he held forth with any number of misleading claims and unverifiable assertions, he also cautioned his fellow delegates that power cannot be trusted regardless of who wields it. “But we are told,” he said,

That we need not fear; because those in power, being our representatives, will not abuse the powers we put in their hands. I am not well versed in history, but I will submit to your recollection, whether liberty has been destroyed most often by the licentiousness of the people, or the tyranny of the rulers. I imagine, sir, you will find the balance on the side of tyranny.

Perhaps Henry did not knowingly intend to refer to himself in this instance as one of those rulers who was bound to indulge in some manner of tyranny. But if the admonition could be said to apply to anyone at all, it most assuredly applied to him as well. Do not trust your public servants, he said, and only too right he was. I would add to that not to blindly trust the Founders, either. There is much than can be learned from them, I would be the first person to attest. But just as sure as they tried to mislead their countrymen during that moment when they all of them drew breath on this earth, they will mislead you, too, if you let them. 

I don’t know about you, but I’d rather consider that a dare.

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