The Life of John Marshall, Volume 1: Frontiersman, soldier, lawmaker, 1755-1788

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 Constitution 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. Washington – 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 Constitution 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 Constitution." (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 Washington, when it came to accepting the Constitution because of his support. When Hamilton asked General Lamb how he could oppose the Constitution when it was certain that his "good friend Genl. Washington would … be the first President under it," Lamb "reply'd that … after him Genl. Slushington 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.

1025

"Address of the Minority"; McMaster and Stone, 454-83.

1026

"Address of the Minority"; McMaster and Stone, 466.

1027

Ib., 469-70.

1028

Ib., 480.

1029

See various contemporary accounts of this riot reprinted in McMaster and Stone, 486-94.

1030

The authorship of the "Letters of Centinel" remains unsettled. It seems probable that they were the work of Eleazer Oswald, printer of the Independent Gazetteer, and one George Bryan, both of Philadelphia. (See ib., 6-7, and footnote.)

1031

"Letters of Centinel," no. 4, ib., 606.

1032

Ib., 620.

1033

Ib., 625.

1034

McMaster and Stone, 624.

1035

Ib., 630, 637, 639, 642, 653, 655.

1036

Ib., 629.

1037

Ib., 641.

1038

Ib., 631; and see infra, chap. XI.

1039

Ib., 639.

1040

Ib., 658.

1041

Ib., 661.

1042

Ib., 667.

1043

McMaster and Stone, 667.

1044

Ib., 668.

1045

"A Real Patriot," in Independent Gazetteer, reprinted in McMaster and Stone, 524.

1046

"Gomes," in ib., 527.

1047

H. Chapman to Stephen Collins, June 20, 1788; MS., Lib. Cong. Oswald, like Thomas Paine, was an Englishman.

1048

Madison to Jefferson, Feb. 19, 1788; Writings: Hunt, v, 102.

1049

Madison to Jefferson, Feb. 19, 1788; Writings: Hunt, v, 101.

1050

Gore to Thatcher, June 9, 1788; Hist. Mag. (2d Series), vi, 263. This was a very shrewd move; for Hancock had not yet been won over to the Constitution; he was popular with the protesting delegates, and perhaps could not have been defeated had they made him their candidate for presiding officer; the preferment flattered Hancock's abnormal vanity and insured the Constitutionalists against his active opposition; and, most of all, this mark of their favor prepared the way for the decisive use the Constitutionalist leaders finally were able to make of him. Madison describes Hancock as being "weak, ambitious, a courtier of popularity, given to low intrigue." (Madison to Jefferson, Oct. 17, 1788; Writings: Hunt, v, 270.)

1051

Madison to Jefferson, Feb. 19, 1788; Writings: Hunt, v, 101.

1052

Madison to Pendleton, Feb. 21, 1788; ib., 108.

1053

King to Madison, Jan. 27, 1788; King, i, 316.

1054

Ib., 317.

1055

Elliott, ii, 40.

1056

Harding, 48. These towns were bitterly opposed to the Constitution. Had they sent delegates, Massachusetts surely would have rejected the Constitution; for even by the aid of the deal hereafter described, there was a very small majority for the Constitution. And if Massachusetts had refused to ratify it, Virginia would, beyond the possibility of a doubt, have rejected it also. (See infra, chaps. X, XI, and XII.) And such action by Massachusetts and Virginia would, with absolute certainty, have doomed the fundamental law by which the Nation to-day exists. Thus it is that the refusal of forty-six Massachusetts towns to send representatives to the State Convention changed the destiny of the Republic.

1057

Hill to Thatcher, Dec. 12, 1787; Hist. Mag. (2d Series), vi, 259.

1058

Lee to Thatcher, Jan. 23, 1788; ib., 266-67.

1059

Ib., 267.

1060

Ib.

1061

Bangs to Thatcher, Jan. 1, 1788; Hist. Mag. (2d Series), vi, 260.

1062

Sewall to Thatcher, Jan. 5, 1788; Hist. Mag. (2d Series), vi, 260-61.

1063

Savage to Thatcher, Jan. 11, 1788; ib., 264.

1064

Barrell to Thatcher, Jan. 15, 1788; ib., 265.

1065

Wait to Thatcher, Jan. 8, 1788; Hist. Mag. (2d Series), vi, 261. Wait was an unusually intelligent and forceful editor of a New England newspaper, the Cumberland Gazette. (Ib., 258.)

1066

Gore to Thatcher, Dec. 30, 1787; ib., 260.

1067

Lincoln to Washington, Feb. 3, 1788; Cor. Rev.: Sparks, iv, 206.

1068

See infra.

1069

King to Madison, Jan. 27, 1788; King, i, 317.

1070

Elliott, ii, 105-06.

1071

Ib., 101.

1072

Elliott, ii, 102.

1073

Ib., 28.

1074

Ib., 96.

1075

Ib., 94.

1076

Ib., 80.

1077

Ib., 48.

1078

Elliot, ii, 133.

1079

Ib., 136-37.

1080

Ib., 16.

1081

Ib., 111.

1082

Ib., 148.

1083

Ib., 44.

1084

Elliott, ii, 102-04. Mr. Thatcher made the best summary of the unhappy state of the country under the Confederation. (Ib., 141-48.)

1085

King to Madison, Jan. 20, 1788; King, i, 314.

1086

Rives, ii, 524-25. "To manage the cause against them (the jealous opponents of the Constitution) are the present and late governor, three judges of the supreme court, fifteen members of the Senate, twenty-four among the most respectable of the clergy, ten or twelve of the first characters at the bar, judges of probate, high sheriffs of counties, and many other respectable people, merchants, &c., Generals Heath, Lincoln, Brooks, and others of the late army." (Nathaniel Gorham to Madison, quoted in ib.)

1087

"Hancock has committed himself in our favor… You will be astonished, when you see the list of names that such an union of men has taken place on this question. Hancock will, hereafter, receive the universal support of Bowdoin's friends; and we told him, that, if Virginia does not unite, which is problematical, he is considered as the only fair candidate for President." (King to Knox, Feb. 1, 1788; King, i, 319. The italics are those of King.)

1088

Ib., ii, 525.

1089

Elliott, ii, 178-81.

1090

Ib., 140.

1091

Elliott, ii, 153.

1092

Madison to Randolph, April 10, 1788; Writings: Hunt, v, 117.

1093

Elliott, ii, 159-61.

1094

Widgery to Thatcher, Feb. 8, 1788; Hist. Mag. (2d Series), vi, 270.

1095

Ib.

1096

Elliott, ii, 218.

1097

Widgery to Thatcher, Feb. 8, 1788; Hist. Mag. (2d Series), vi, 270-71.

1098

King to Madison, Feb. 6, 1788; King, i, 320.

1099

Gerry, in Ford: P. on C., 1-23.

1100

Ib., 23. When a bundle of copies of Gerry's pamphlet was received by the New York Anti-Constitutionalists in Albany County, they decided that it was "in a style too sublime and florid for the common people in this part of the country." (Ib., 1.)

1101

During the debates the Boston Gazette published the following charge that bribery was being employed to get votes for the Constitution: —

BRIBERY AND CORRUPTION!!!

"The most diabolical plan is on foot to corrupt the members of the Convention, who oppose the adoption of the new Constitution. Large sums of money have been brought from a neighboring state for that purpose, contributed by the wealthy. If so, is it not probable there may be collections for the same accursed purpose nearer home? Centinel." (Elliott, ii, 51.)

The Convention appointed a committee to investigate (ib.); it found that the charge was based on extremely vague rumor. (Harding, 103.) There the matter appears to have been dropped.

More than eighty years afterward, Henry B. Dawson, the editor of the Historical Magazine, a scholar of standing, asserted, personally, in his publication: "It is very well known – indeed, the son and biographer of one of the great leaders of the Constitutionalists in New York has frankly admitted to us —that enough members of the Massachusetts Convention were bought with money from New York to secure the ratification of the new system by Massachusetts." (Hist. Mag. (2d Series), vi, 268, footnote, referring to Savage's letter to Thatcher telling of the charge in the Boston Gazette.)

Professor Harding discredits the whole story. (Harding, 101-05.) It is referred to only as showing the excited and suspicious temper of the times.

1102

Langdon to Washington, Feb. 28, 1788; Cor. Rev.: Sparks, iv, 212. "At least three fourths of the property, and a large proportion of the abilities in the State are friendly to the proposed system. The opposition here, as has generally been the case, was composed of men who were involved in debt." (Lear to Washington, June 22, 1788; ib., 224-25.)

1103

Lear to Washington, June 2, 1788; Cor. Rev.: Sparks, iv, 220.

1104

Langdon to King, Feb. 23, 1788; King, i, 321-22.

1105

Madison to Pendleton, March 3, 1788 (Writings: Hunt, v, 110), and to Washington, March 3, 1788 (ib., 111); and to Randolph; March 3, 1788 (ib., 113).

1106

Langdon to King, May 6, 1788; King, i, 328.

1107

Washington to Lafayette, Feb. 7, 1788; Writings: Ford, xi, 220.

1108

Marshall, ii, 127.

1109

Ib.

1110

Washington to Madison, Jan. 10, 1788; Writings: Ford, xi, 208.

1111

Though "practical," these methods were honorable, as far as the improper use of money was concerned.

1112

King to Langdon, June 10, 1788; King, i, 331.

1113

Hamilton to Madison, May 19, 1788; Works: Lodge, ix, 430. See also ib., 432.

1114

Knox to King, June 19, 1788; King, i, 335.

1115

Hill to Thatcher, Jan. 1, 1788; Hist. Mag. (2d Series), vi, 261.

1116

King to Madison, May 25, 1788; King, i, 329.

1117

Hamilton to Madison, June 27, 1788; Works: Lodge, ix, 436. Virginia had ratified the Constitution two days before Hamilton wrote this letter, but the news did not reach New York until long afterward.

1118

Hamilton to Madison, June 8, 1788; Works: Lodge, ix, 432-34.

1119

Grigsby, i, 8. About three eighths of Virginia's population were slaves valued at many millions of dollars.

1120

Grigsby, i, footnote to 50; also 32; and see examples given by Judge Scott, in Scott, 235-38.

1121

Grigsby, i, footnote to 36; and see 29, 62, 339.

1122

Henry, ii, 339; and Rowland, ii, 223 et seq.

1123

Rives, ii, 549.

1124

Randolph to the Speaker of the House of Delegates, Oct. 10, 1787; Elliott, i, 482-91; also Ford: P. on C., 261-76.

1125

Randolph to Page and others, Dec. 2, 1787; American Museum, iii, 61 et seq.

1126

Ib.

1127

Lee to Randolph, Oct. 16, 1787; Elliott, i, 503. Upon the publication of this correspondence a young Richmond attorney, Spencer Roane, the son-in-law of Patrick Henry, in an article signed "Plain Dealer," published in the Virginia Gazette, attacked Randolph for inconsistency. "Good God! How can the first magistrate and father of a pure republican government … before his proposed plan of amendment has been determined upon, declare that he will accept a Constitution which is to beget a monarchy or an aristocracy?.. Can he foretell future events? How else can he at this time discover what the 'spirit of America' is?.. How far will this principle carry him? Why, … if the dominion of Shays, instead of that of the new Constitution, should be generally accepted, and become 'the spirit of America,' his Excellency would turn Shayite." (Plain Dealer to Randolph, Feb. 13, 1788; Ford: Essays on the Constitution, 385; also Branch Hist. Papers, 47.) Roane's letter is important as the first expression of his hostility to the Constitution. He was to become the determined enemy of Marshall; and, as the ablest judge of the Virginia Court of Appeals, the chief judicial foe of Marshall's Nationalism. (See vol. III of this work.)

1128

"The importunities of some to me in public and private are designed to throw me unequivocally and without condition, into the opposition." (Randolph to Madison, Feb. 29, 1788; Conway, 101.)

1129

Washington to Randolph, Jan. 8, 1788; Writings: Ford, xi, 204-06.

1130

Madison to Randolph, Jan. 10, 1788; Writings: Hunt, v, 79-84; and see same to same, Jan. 20, 1788 (ib., 86-88); and March 3, 1788 (ib., 113-14).

1131

"If he [Randolph] approves it at all, he will do it feebly." (Washington to Lafayette, April 28, 1788; Writings: Ford, xi, 255; and see Madison to Jefferson, April 22, 1788; Writings: Hunt, v, 121.)

1132

Randolph to Madison, Feb. 29, 1788; quoted in Conway, 101.

1133

"Randolph was still looked upon as an Anti-Federalist by the uninitiated." But his "position … was evidently no secret to Washington." (Rowland, ii, 210. See also ib., 225, 227, 231.)

1134

Ib.

1135

Randolph to Madison, Feb. 29, 1788; Conway, 101.

1136

Scott, 160.

1137

Washington to Carter, Dec. 14, 1787; Writings: Ford, xi, footnote to 210.

1138

Smith to Madison, June 12, 1788; Rives, ii, footnote to p. 544.

1139

Ib. "The Baptist interest … are highly incensed by Henry's opinions and public speeches." (Randolph to Madison, Feb. 29, 1788; Conway, 101.)

1140

Smith to Madison, June 12, 1788; Rives, ii, 544.

1141

Washington to Hamilton, Nov. 10, 1787; Writings: Ford, xi, footnote to p. 181.

1142

Washington to Trumbull, Feb. 5, 1788; Writings: Ford, 212. From the first Washington attributed much of the opposition throughout the country to the fact that popular leaders believed that the new National Government would lessen their importance in their respective States. "The governors elect or to be elected, the legislators, with a long tribe of others whose political importance will be lessened if not annihilated" were, said Washington, against a strong central Government. (Washington to Knox, Feb. 3, 1787; Sparks, ix, 230; and see Graydon, 340.)

1143

Washington to Lincoln, April 2, 1788; ib., xi, footnote to 239-40.

1144

"Letters of a Federal Farmer," no. 3; Ford: P. on C., 301.

1145

Ib., no. 5, 319.

1146

Washington to Armstrong, April 25, 1788; Writings: Ford, xi, 252; and to Petit, Aug. 16, 1788; ib., 300.

1147

Madison to Jefferson, April 22, 1788; Writings: Hunt, v, 120-22.

1148

Grigsby, i, 34-35; and footnote to 49.

1149

Grigsby, i, 64-66; and Elliott, iii, 1.

1150

Rowland, ii, 222.

1151

Henry, ii, 345. So angered were the Anti-Constitutionalists that they would not correct or revise Robertson's reports of their speeches. (Ib.)

1152

Elliott, iii, 1.

1153

Ib., 5-6; also, Journal of the Convention, 7-11.

1154

Grigsby, i, 69-70. In the descriptions of the dress, manners, and appearance of those who took part in the debate, Grigsby's account has been followed. Grigsby took infinite pains and gave many years to the gathering and verifying of data on these picturesque subjects; he was personally intimate with a large number of the immediate descendants of the members of the Convention and with a few who were eye-witnesses; and his reconstruction of the scenes in the Convention is believed to be entirely accurate.

1155

Elliott, iii, 3.

1156

Mason's clause-to-clause resolve was, "contrary to his expectations, concurred in by the other side." (Madison to Washington, June 4, 1788; Writings: Hunt, v, footnote to 124.) And see Washington's gleeful report to the New York Constitutionalists of Mason's error: "This [Mason's resolve] was as unexpected as acceptable to the federalists, and their ready acquiescence seems to have somewhat startled the opposite side for fear they had committed themselves." (Washington to Jay, June 8, 1788; Writings: Ford, xi, 271.)

1157

Elliott, iii, 4.

1158

Grigsby, i, 77.

1159

For a discussion of this tactical blunder of the opponents of the Constitution, see Grigsby, i, 72.

1160

Elliott, iii, 4.

1161

Grigsby, i, 75.

1162

Elliott, iii, 6.

1163

Ib.

1164

Grigsby, i, 77.

1165

Ib., 79.

1166

Ib., 78, 79, 140, 141, 246, 247.

1167

Elliott, iii, 7-21.

1168

Grigsby, i, 76.

1169

Elliott, iii, 21-23.

1170

Grigsby, i, 83-84.

1171

Madison was the real designer of the Virginia plan. (Rives, ii, chap. xxvii.)

1172

This was the point Washington had made to Randolph. It is interesting that, throughout the debate, Randolph, over and over again, used almost the exact language of Washington's letter.

1173

Elliott, iii, 23-29. Randolph's speech was apologetic for his change of heart. He was not "a candidate for popularity": he had "satisfied his conscience," etc.

1174

Madison to Washington, June 4, 1788; Writings: Hunt, v, 124.

1175

Jefferson to Short, Sept. 20, 1788; quoting a private letter from Virginia of July 12; Works: Ford, v, 431.

1176

Washington to Jay, June 8, 1788; Writings: Ford, xi, 271.

1177

Bland to Lee, June 13, 1788; Rowland, ii, 243-44. Evidently the opposition was slow to believe that Randolph had irrevocably deserted them; for Bland's letter was not written until Randolph had made his fourth extended speech ten days later.

1178

Scott, 160.

1179

Washington to Jay, June 8, 1788; Writings: Ford, xi, 271.

1180

From this delay Randolph's enemies have charged that his letter to Clinton was not posted in time. Much as Randolph had to answer for, this charge is unjust. Letters between Richmond and New York sometimes were two or three months on the way. (See supra, chap. VII.)

1181

Clinton to Randolph, May 8, 1788; Conway, 110-12.

1182

Clinton to Randolph, May 8, 1788; Conway, 110-12; Henry, ii, 363; Rowland, ii, 276-79; and see infra, chap. XII.

1183