LOT Old Heritage Auctions  /  2007 October Rare Books & Manuscripts #675  / 

30060

Patrick Henry Autograph Letter Signed

Currency:USD Category:Collectibles Start Price:3,500.00 USD Estimated At:4,000.00 - 6,000.00 USD
Patrick Henry Autograph Letter Signed
<B>Patrick Henry Autograph Letter Signed</B></I> “<I>P. Henry,</B></I>” three pages, 5.75” x 7”, front and verso. <BR>ichmond, Va. , June 19, 1788. In part, “<I>Upon reading the Will of Israel Christian decd & the Notes or State accompanying it respecting Mrs. Christian's Claim to her annuity I am of opinion that she the Widow may qualify & act as Executriss of her late Husband if she chuses to do so, unless she has renounced…But the great Difficulty is how the annuity of 100£ is to be raised if the Money due from WC's Estate is insufficient as well as the remaining Estate of I.S. for that purpose because I consider the power of selling Land given by I.C. to W.C. as extinct by the Death of W.C. I believe the powers of the Chancery Courts over this Subject are not so far settled in this Country, either by any Law or by Precedents as to fix the Matter in Certainty. I incline to think that the Legislature alone are competent to the Appointment of a Trustee with the power of selling the Lands for the purpose of raising the annuity…The County Court may on motion direct 2 or 3 Gentn to make this settlement and altho' no regular ansr may appear yet by taking what in fact appears to be the Truth of the case, old Mrs. C's application to the Legislature or the Chancery will be justify'd from the apparent deficiency of Assets to satisfy her claim…</B></I>” <BR><BR>Patrick Henry's term as Governor of Virginia had ended in 1786 and he returned to his law practice full-time. He was elected a member of the convention held in Richmond, June 2-27, 1788, to ratify the U.S. Constitution approved on September 17, 1787 in Philadelphia. The day Patrick Henry wrote this letter giving his legal opinion on a will, the members of the convention were discussing Article II of the proposed Constitution and the powers of the President. After the second clause of the second section was read to the delegates (“He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.”), Patrick Henry rose to speak. In part, from <I>Debates in the Several State Conventions on the Adoption of the Federal Constitution</B></I> compiled by Jonathan Elliot: “Mr. Henry begged gentlemen to consider the condition this country would be in if two thirds of a quorum should be empowered to make a treaty: they might relinquish and alienate territorial rights, and our most valuable commercial advantages…The power of making treaties, by this Constitution, ill-guarded as it is, extended farther than it did in any country in the world. Treaties were to have more force here than in any part of Christendom; for he defied any gentleman to show any thing so extensive in any strong, energetic government in Europe. Treaties rest, says Henry , on the laws and usages of nations…To make them paramount to the Constitution and laws of the states, is unprecedented. I would give them the same force and obligation they have in Great Britain, or any other country in Europe. Gentlemen are going on in a fatal career; but I hope they will stop before they concede this power unguarded and unaltered.” Henry was an outspoken critic of the Constitution and urged against its adoption, arguing it gave the federal government too much power. On June 25, 1788, Virginia ratified the U. S. Constitution. Patrick Henry voted “No.” Folds, tiny holes where folds cross. Fine condition<BR><BR><b>Shipping:</b> Flat Material, Small (<a target="_blank" href="http://www.heritageauctions.com/common/shipping.php">view shipping information</a>)
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