The Life of John Marshall Volume I Part 41

[985] _Ib._, 25.

[986] The Jockey Club was holding its annual races at Richmond when the Const.i.tutional Convention of 1788 convened. (Christian, 31.)

[987] Grigsby, i. 31.

[988] Humphrey Marshall, from the District of Kentucky, saw for the first time one number of the _Federalist_, only after he had reached the more thickly peopled districts of Virginia while on his way to the Convention. (_ib._, footnote to 31.)

[989] George Nicholas to Madison, April 5, 1788; _Writings_: Hunt, v, footnote to p. 115.

[990] "The most common and ostensible objection was that it [the Const.i.tution] would endanger state rights and personal liberty--that it was too strong." (Humphrey Marshall, i, 285.)

[991] Tyler, i, 142. Grigsby estimates that three fourths of the people of Virginia were opposed to the Const.i.tution. (Grigsby, i, footnote to 160.)

[992] Lee to Madison, Dec. 1787; _Writings_: Hunt, v, footnote to p. 88.

[993] Madison's father to Madison, Jan. 30, 1788; _Writings_: Hunt, v, footnote to p. 105.

[994] Madison to Jefferson, Feb. 19, 1788; _ib._, 103.

[995] Henry to Lamb, June 9, 1788; Henry, ii, 342.

[996] Minton Collins to Stephen Collins, March 16, 1788; Collins MSS., Lib. Cong.

[997] Even Hamilton admitted this. "The framers of it [the Const.i.tution]

will have to encounter the disrepute of having brought about a revolution in government, without subst.i.tuting anything that was worthy of the effort; they pulled down one Utopia, it will be said, to build up another." (Hamilton to Was.h.i.+ngton, Sept., 1788; Hamilton's _Works_: Lodge, ix, 444; and also in Jefferson, _Writings_: Ford, xi, footnote to 330.) Martin Van Buren describes the action of the Federal Convention that framed the Const.i.tution, in "having ... set aside the instructions of Congress by making a new Const.i.tution ... an heroic but lawless act."

(Van Buren, 49-50.)

Professor Burgess does not overstate the case when he declares: "Had Julius or Napoleon committed these acts [of the Federal Convention in framing and submitting the Const.i.tution], they would have been p.r.o.nounced _coups d'etat_." (Burgess, i, 105.)

Also see Beard: _Econ. I. C._, 217-18.

[998] Ford: _P. on C._, 14.

[999] _Ib._, 100-01.

[1000] Ford: _P. on C._, 284-85. And see Jameson, 40-49.

[1001] Was.h.i.+ngton to Lafayette, Sept. 18, 1788; _Writings_: Sparks, ix, 265.

[1002] Connecticut, New Jersey, and Delaware had practically no ports and, under the Confederation, were at the mercy of Ma.s.sachusetts, New York, and Pennsylvania in all matters of trade. The Const.i.tution, of course, remedied this serious defect. Also, these smaller States had forced the compromise by which they, with their comparatively small populations, were to have an equal voice in the Senate with New York, Pennsylvania, and Virginia, with their comparatively great populations.

And therefore they would have practically equal weight in the law--and treaty-making power of the Government. This was the most formidable of the many rocks on which the Federal Convention all but broke up.

[1003] One proposition was to call the State Convention "within _ten_ days." (See "Address of the Minority of the Pennsylvania Convention," in McMaster and Stone, 458.)

[1004] _Ib._, 3-4; and see _ib._, 75. An excuse for these mob methods was that the Legislature previously had resolved to adjourn _sine die_ on that very day. This would put off action until the next session. The Anti-Const.i.tutionalists urged--with entire truthfulness--that even this delay would give the people too little time to inform themselves upon the "New Plan" of government, as it was called, which the Convention was to pa.s.s upon in the people's name. "Not one in twenty know anything about it." (Mr. Whitehall in debate in the Legislature; _ib._, 32.)

[1005] McMaster and Stone, 459-60. This charge was wholly accurate.

Both sides exerted themselves to carry the "election." The Anti-Const.i.tutionalists declared that they stood for "the principles of the Revolution"; yet, a.s.serts Graydon, who was at Reading at the time, they sought the support of the Tories; the country lawyers were opposed to the "New Plan" and agreed not "to practice or accept any office under the Const.i.tution"; but the Const.i.tutionalists promised "prothonotarys.h.i.+ps, attorney generals.h.i.+ps, chief justices.h.i.+ps, and what not," and the hostile attorneys "were tempted and did eat." Describing the spirit of the times, Graydon testifies that "pelf was a better goal than liberty and at no period in my recollection was the wors.h.i.+p of Mammon more widely spread, more sordid and disgusting."

Everybody who wanted it had a military t.i.tle, that of major being "the very lowest that a dasher of any figure would accept." To "clap on a uniform and a pair of epaulettes, and scamper about with some militia general for a day or two" was enough to acquire the coveted rank. Thus, those who had never been in the army, but "had played a safe and calculating game" at home and "attended to their interests," were not only "the men of mark and consideration," but majors, colonels, and generals as well. (Graydon, 331-33.)

Noting, at a later time, this pa.s.sion for military t.i.tles Weld says: "In every part of America a European is surprised at finding so many men with military t.i.tles ... but no where ... is there such a superfluity of these military personages as in the little town of Staunton; there is hardly a decent person in it ... but what is a colonel, a major, or a captain." (Weld, i, 236-37.)

Such were the conditions in the larger towns when the members of the Pennsylvania Convention were chosen. The small vote cast seems to justify the charge that the country districts and inaccessible parts of the State did not even know of the election.

[1006] McMaster and Stone, 503-04.

[1007] McMaster and Stone, 173-74.

[1008] _Independent Gazetteer_: _ib._, 183-84.

[1009] _Ib._, 184-85.

[1010] Pennsylvania Debates, in McMaster and Stone, 231. Elliott prints only a small part of these debates.

[1011] _Ib._, 283-85.

[1012] _Ib._, 219.

[1013] McMaster and Stone, 253.

[1014] Findley covered them with confusion in this statement by citing authority. Wilson irritably quoted in retort the words of Maynard to a student: "Young Man! I have forgotten more law than ever you learned."

(_Ib._, 352-64.)

[1015] _Ib._, 361-63.

[1016] _Ib._, 365.

[1017] _Ib._

[1018] _Ib._, 419.

[1019] McMaster and Stone, 365.

[1020] _Ib._, 453. The conduct of the Pennsylvania supporters of the Const.i.tution aroused indignation in other States, and caused some who had favored the new plan of government to change their views. "On reception of the Report of the [Federal] Convention, I perused, and admir'd it;--Or rather, like many who still _think_ they admire it, I loved Geo. Was.h.i.+ngton--I venerated Benj. Franklin--and therefore concluded that I must love and venerate all the works of their hands;--.... The honest and uninformed _freemen_ of America entertain the same opinion of those two gentlemen as do European _slaves_ of their Princes,--'_that they can do no wrong_.'"

But, continues Wait, "on the unprecedented Conduct of the Pennsylvania Legislature [and Convention] I found myself Disposed to lend an ear to the arguments of the opposition--not with an expectation of being convinced that the new Const.i.tution was defective; but because I thought the minority had been ill used; and I felt a little curious to hear the particulars," with the result that "I am dissatisfied with the proposed Const.i.tution." (Wait to Thatcher, Jan. 8, 1788; _Hist. Mag._ (2d Series), vi, 262; and see _infra_.)

Others did not, even then, entertain Mr. Wait's reverence for Was.h.i.+ngton, when it came to accepting the Const.i.tution because of his support. When Hamilton asked General Lamb how he could oppose the Const.i.tution when it was certain that his "good friend Genl. Was.h.i.+ngton would ... be the first President under it," Lamb "reply'd that ... after him Genl. Slus.h.i.+ngton might be the next or second president." (Ledlie to Lamb; MS., N.Y. Hist. Soc.)

[1021] McMaster and Stone, 432-35.

[1022] _Ib._, 424.

[1023] _Ib._, 14-15.

[1024] _Ib._