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

1315

Elliott, iii, 551-62.

1316

In summarizing Marshall's speech, it is necessary to collect his arguments on any given point, and present them consecutively. In Robertson's (Elliott) report Marshall scatters his points in distracting fashion.

1317

Madison to Hamilton, June 20, 1788; Hamilton MSS., Lib. Cong.

1318

The members of the Convention were carefully watched and each side made, every night, a minute estimate of its votes.

1319

Madison to his father, June 20, 1788; Writings: Hunt, v, footnote to 216.

1320

Madison to Hamilton, June 22, 1788; Hamilton MSS., Lib. Cong.

1321

Ib.

1322

Madison to Hamilton, June 22, 1788; Hamilton MSS., Lib. Cong.

1323

Elliott, iii, 576.

1324

Elliott, iii, 577-80.

1325

Grigsby, i, 300. See Washington's letters to Stephen during the year of Marshall's birth, when Stephen, under Washington, was fighting the French and Indians. (Writings: Ford, i, 227, 322, 332, 360; also Proceedings, Council of War, Oct. 30, 1756; ib., 364-71; in which Colonel Adam Stephen was presiding officer.)

1326

Elliott, iii, 580.

1327

Elliott, iii, 581-82.

1328

Elliott, iii, 585-86.

1329

"Virginia is the only instance among the ratifying states in which the Politics of the Legislature are at variance with the sense of the people, expressed by their Representatives in Convention." (Madison to Washington, Nov. 5, 1788; Writings: Hunt, v, 302.)

1330

Grigsby, i, 307.

1331

The two amazing speeches which Henry made that day should be taken together. While both were inspired by what happened on the floor, yet they are in reality one. The reports give no idea of the tremendous effect which those who heard Henry tell us these speeches had.

1332

Grigsby, i, 307-08.

1333

Henry's amendments were practically the same as those which the Convention finally adopted as recommendations subsequent to ratification instead of previous amendment on which ratification was conditioned.

1334

Elliott, iii, 587-96.

1335

Elliott, iii, 625. This extract is badly mangled. The reporter confesses that he could take only a little of Henry's peroration. Elliott's reprint of Robertson's reports gives scarcely a suggestion of its dramatic appeal. We are indebted to Grigsby's patient work in collecting from eye and ear witnesses first-hand accounts, for a reasonably accurate description of the scene.

1336

Grigsby, i, 316-17; also Wirt, 313; Henry, ii, 370-71; and Conway, 113.

1337

Grigsby, i, 316-17.

1338

Grigsby, i, 317.

1339

Very few of the Constitutionalists wanted any amendments; and Madison sorrowfully offered in Congress the following year those that were reluctantly adopted. See vol. II, chap. II, of this work.

1340

Elliott, iii, 627.

1341

Grigsby, i, 323-29.

1342

Ib., 328.

1343

Ib., 332.

1344

Elliott, iii, 644-49.

1345

Henry, ii, 377. "At least ten members voted, either in disobedience of positive instructions of their constituents, or in defiance of their well known opinions." (Grigsby, i, 41.)

1346

Scott, 235-38.

1347

Elliott, iii, 616. Madison frankly admitted that only the prominence of the framers of the Constitution secured even a consideration of it by many of its warmest friends, much less by the people. "Had the Constitution been framed and recommended by an obscure individual," wrote Madison, "instead of a body possessing public respect and confidence, there cannot be a doubt, that, although it would have stood in the identical words, it would have commanded little attention from those who now admire its wisdom." (Madison to Randolph, Jan. 10, 1788; Writings: Hunt, v, 81.)

1348

Grigsby, i, footnote to 110.

1349

Elliott, iii, 652.

1350

Elliott, iii. 653-63.

1351

Ib., 659-61.

1352

Clinton's letter was not read, however, because all the members of the Legislature had gone to hear Henry's last great speech. (Conway, 112.)

1353

Conway, 114; Henry, ii, 363.

1354

For Mason's resolutions and a careful review of the incident, see Rowland, ii, 274-80.

1355

Henry, ii, 377.

1356

Southern Literary Messenger, i, 332; also quoted in Rowland, ii, 274.

1357

Washington to Pinckney, June 28, 1788; Writings: Ford, xi, 285.

1358

Washington to Jefferson, Aug. 31, 1788; ib., 321.