But what about Patrick Henry? So that's all by way of background, what about Patrick Henry? Well, Patrick Henry was concerned, like most politicians in this period of time. He understood that there was a real problem with the national government not having the power that it needed. He wrote James Madison in 1784, "Is not the federal Government on a bad Footing?" He understood that something needed to be done. William Short, who had served with Patrick Henry in Virginia when Patrick Henry was governor, wrote to Madison; he says that Henry "saw ruin inevitable unless something was done to give Congress a compulsory Process on delinquent States." In other words, Congress has to have the authority to actually enforce the taxes and to seize the taxes from the states if necessary. In many respects you might say that Patrick Henry was a moderate Federalist. He's certainly concerned about state authority, but he knew that the federal Government had to be strengthened. Something had to be done to prevent the Union from collapsing through this anarchy. But then something happens that has an enormous influence on Patrick Henry and the people who we will know as anti-federalists who stand in opposition to the Constitution. One of the issues that the Confederation Congress had to deal with was our trading relationship with foreign nations. And in 1784, our trading relationship with Spain became a very serious issue. There were two key issues, the one is that Spain is controlling New Orleans, and as farmers are moving out west of the Appalachians, into Kentucky -- what we know of as Kentucky, it had not yet been a separate state -- Tennessee, into the Ohio, even into Western Pennsylvania, the way that they would ship their goods to the market was down the Ohio River and the Mississippi. It was much cheaper; it was much more efficient than trying to take things by horseback and wagon back over the Appalachian Mountains. But Spain declared in 1784 that the Mississippi was closed to trade from the United States. The other problem we had with Spain was our commercial interest. Especially in New England, the fisheries, wood products, grains, needed access to the Spanish markets, Spanish markets in the West Indies as well as the Spanish markets in Europe. John Jay, one of the leading Founders, he is somebody we don't talk about as much perhaps, was set to negotiate a treaty with Spain, to try to resolve these two problems. And he was going to negotiate with the Spanish ambassador known as Gardoqui. Now, these were Jay's instructions, you have to open up the Mississippi and you have to deal with these commercial relations that are very important to the Northeast. Well, Jay comes back and he says, you know, I can't get what we need. Spain is offering to open up its ports so that we can sell things, which will be very beneficial to the middle states and to the New England states. But Spain insists that in return, they will close the Mississippi to U.S. products for 25 years. Now this was extremely problematic for the Westerners, that people were talking about the Westerners might declare war on Spain and open up New Orleans themselves. There was a fear, a very serious fear that they might join Spain. They would simply, Kentucky and Tennessee, would become Spanish colonies. There was some talk that they might join England again, England still controls Canada, and ask England to open up the Mississippi River if the United States was incapable of doing so. So this is an enormously tense moment for the Confederation Congress. What to do when Jay comes back with this offer of a deal which is going to be very good for New England and for the middle colonies, in terms of their trade, but very bad for the Westerners who tended to be coming from the southern states, tended to be coming from Virginia and North Carolina, into Kentucky and Tennessee. Well, it was put to a vote in the Confederation Congress. And seven to five, they agreed to go along with Jay's proposal, allow the Mississippi to be closed, but we'll get our commercial relations. But, the Articles of Confederation require nine states for an international treaty. So Jay's treaty, the Jay-Gardoqui Treaty, fails; it's not going to be adopted. But this sent a shiver through the spines of Southern politicians. The idea that there would be a Northern cabal from their perspective; there would be this kind of party politics where this region of the nation, New England and New York and Pennsylvania, would take action that would fundamentally destroy the economic interests of the Southern and Western states, was terrifying to people like Patrick Henry. He thought this was a fundamental political mistake and demonstrated the real danger with allowing power to be vested in a distant government because Virginia certainly would never agree to close the Mississippi. Now ultimately the Mississippi's going to be dealt with in the years moving ahead. But this Jay-Gardoqui Treaty, even though it fails, changes the attitude of a lot of people, including Patrick Henry, about how much power should we be giving to the federal government. So in 1787 when the Philadelphia Convention is called and the states are electing delegates to the Philadelphia Convention, Patrick Henry is elected by the Virginia legislature along with George Washington and James Madison, Edmund Randolph, all the other people that we're familiar with. What is reported in many of the histories is that Patrick Henry refuses to go, the apocryphal line is Henry says, "I smelt a rat." Maybe, that story actually doesn't come up until many years later and the source is rather questionable, but the idea was certainly there. Henry is very concerned that this group meeting in Philadelphia may give too much power to this government and create these kinds of regional, political alliances which will hurt local individuals. So Henry, it is fair to say, is skeptical. But he doesn't go to Philadelphia, even though he's been elected to the Constitutional Convention. He writes a letter to Virginia's governor, Edmund Randolph at that time, and he says, I really need to be attending my own business. I've been in government for years now, my finances are in difficulty. I have a large family, he doesn't point this out, but he has a large family. At this point he has 11 children; he's going to have 6 more before he's done. I need to be taking care of things at home, there are other folks who can, I've served, there are other folks who can handle this. So Henry is skeptical of what's going to happen in Philadelphia. But, and we might say with 20/20 hindsight, mistakenly does not go to the Philadelphia Convention. Once again, interestingly, Thomas Jefferson who is serving as Ambassador in Paris, is also a little skeptical of what's going to happen in Philadelphia.