Patrick Henry: “Liberty or Empire?” Speech

Explanation and Analysis of the Document

After the Revolution, the new American government operated for several years under the Articles of Confederation, but a number of systemic problems interfered with national policies. Most notably, the Confederation was unable to impose taxes and could make only “requisitions” of funds from the states—requisitions that were often ignored or delayed. The very limited authority of the Confederation Congress also prevented the national government from effectively regulating commerce or even enforcing the terms of the Treaty of Paris, which had ended the Revolution. These difficulties fed serious financial problems, not the least of which was the deep depreciation in Continental bills issued during the war. Commercial interests, in particular, found continuation under the Articles of Confederation unacceptable; by 1787 a convention of the states took on the task of drafting a national constitution.

Henry was deeply suspicious of the Philadelphia Convention and declined to attend, even though he was elected a delegate from Virginia. When the convention produced a wholly new form of government, rather than proposing amendments—as had been its stated purpose—Henry joined George Mason in opposing the adoption of the Constitution. Unfortunately for their efforts, by the time the Virginia Convention to consider the Constitution convened in June 1788, eight other states (of the requisite nine) had already ratified it; unbeknownst to Virginia delegates, New Hampshire would ratify during their convention. By that time, too, the “Federalists” in Virginia, who supported its adoption, were well organized under James Madison, Edmund Pendleton, John Marshall, and, after an initial refusal to sign the document in Philadelphia, the popular governor, Edmund Randolph. Of perhaps even greater significance, George Washington had chaired the Philadelphia Convention and, while he did not attend the ratifying convention in Virginia, he lent his enormous popularity to the cause.

Henry and other opponents of the Constitution focused on the power of the Congress to tax, the overall power of the president, control of the treaty process by the undemocratic Senate and the president, the control of commerce by the Congress, and the lack of a declaration of rights. With perfect hindsight it is clear that Henry's effort to demand a second constitutional convention or amendments before adoption was doomed. But his forceful insistence that excessive power had been granted to the federal government, while it failed to evoke any of the structural changes he sought, did have an important impact in encouraging adoption of the Bill of Rights.

In what became known as his “Liberty or Empire?” Speech, delivered on June 5, Henry expressed deep regret that Americans seemed to be choosing the power of a national empire over the blessings of liberty for which he and his compatriots had fought the Revolution. Henry introduced this speech by reading Article 3 of the Virginia Declaration of Rights, which provides that government is to benefit the people and the community and that community has a right to “reform, alter, or abolish it.” His plea for liberty and local control is still a classic text for those seeking limited government. As the end of the convention approached, Henry vowed to live peaceably under its terms should it be adopted.