The Life of John Marshall Volume I Part 55

"Lord Fairfax ... died during the war. In the year 1782, an act pa.s.sed sequestering all quitrents, then due, in the hands of the persons holding the lands, until the right of descent should be known, and the General a.s.sembly should make final provision therein. This act directed all quitrents, thereafter becoming due, to be paid into the public treasury; so that, with respect to his descendants, this act confiscated the quitrents. In the year 1783, an act pa.s.sed restoring to the legal representative of the proprietor the quitrents due to him at the time of his death. But in the year 1785 another act pa.s.sed, by which the inhabitants of the Northern Neck are exonerated and discharged from paying composition and quitrents to the commonwealth." But Randolph then a.s.serted that: "This last act has completely confiscated this property.

It is repugnant to no part of the treaty, with respect to the quitrents confiscated by the act of 1782." So, continued he, "I ask the Convention of the free people of Virginia if there can be honesty in rejecting the government because justice is to be done by it? I beg the honourable gentleman to lay the objection to his heart." (Elliott, iii, 574-75.)

[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 Const.i.tutionalists 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 const.i.tuents, 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 Const.i.tution secured even a consideration of it by many of its warmest friends, much less by the people. "Had the Const.i.tution 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.

END OF VOLUME I

APPENDIX