The Life of John Marshall Volume II Part 7

[104] Marshall, ii, 205-26. Throughout this chapter the terms "Nationalist" and "Anti-Nationalist" are used instead of the customary terms "Federalist" and "Anti-Federalist," the latter not clearly expressing the fundamental difference between the contending political forces at that particular time.

[105] Carrington to Madison, Oct. 19, 1788; quoted in Henry, ii, 415.

[106] _Ib._, 416-18.

[107] Journal, H.D. (Oct. 30, 1788), 16-17; see Grigsby, ii, 319; also see the vivid description of the debate under these resolutions in Henry, ii, 418-23.

[108] Carrington to Madison, Oct. 19, 1788; quoted in Henry, ii, 415.

[109] Madison to Randolph, Oct. 17, 1788; to Pendleton, Oct. 20, 1788; _Writings_: Hunt, v, 269-79.

[110] Madison to Randolph, Nov. 2, 1788; _Writings_: Hunt, v, 296.

[111] See vol. I of this work.

[112] Henry, ii, 427; see also Scott, 172.

[113] Journal, H.D. (Nov. 8, 1788), 32; see also Conway, 120; and Henry, ii, 427-28.

[114] Madison to Randolph, Nov. 2, 1788; _Writings_: Hunt, v, 295.

[115] Monroe became a candidate against Madison and it was "thought that he [would] ... carry his election." (Mason to John Mason, Dec. 18, 1788; Rowland, ii, 304.) But so ardent were Madison's a.s.surances of his modified Nationalist views that he was elected. His majority, however, was only three hundred. (Monroe to Jefferson, Feb. 15, 1789; Monroe's _Writings_: Hamilton, i, 199.)

[116] Randolph to Madison, Nov. 10, 1788; Conway, 121.

[117] Journal, H.D. (Nov. 14, 1788), 42-44. Also see _Annals_, 1st Cong., 1st Sess., 259.

[118] The Nationalist subst.i.tute is pathetic in its apprehensive tone.

It closes with a prayer "that Almighty G.o.d in his goodness and wisdom will direct your councils to such measures as will establish our lasting peace and welfare and secure to our latest posterity the blessings of freedom; and that he will always have you in his holy keeping."

(Journal, H.D. (Nov. 14, 1788), 43.)

[119] _Ib._, 44.

[120] Pennsylvania Resolutions: Gallatin's _Writings_: Adams, i, 3. This was unjust to New England, where rum was "the common drink of the nation" and played an interesting part in our tariff laws and New England trade.

[121] Washington to Marshall, Nov. 23, 1789; MS., Lib. Cong.

[122] Randolph to Madison, July 19, 1789; Conway, 127.

[123] Journal, H.D. (Oct. 20, 1789), 4.

[124] _Ib._, 7-16.

[125] _Ib._, 16. Marshall probably drew the bill that finally pa.s.sed. He carried it from the House to the Senate. (_Ib._, 136.)

[126] _Ib._ (Oct. 28, 1790), 19-22. Whether or not a voter owned land was weighed in delicate scales. Even "treating" was examined.

[127] Journal, H.D. (Oct. 28, 1790), 24-29.

[128] _Ib._, 1st Sess. (1790), 41; and 2d Sess. (Dec. 8), 121-22. For extent of this revision see Conway, 130.

[129] Journal, H.D. (1789), 57-58.

[130] _Ib._, 78. See report of the committee in this interesting case.

(_Ib._, 103.) The bill was pa.s.sed. (_Ib._, 141.) At that time divorces in Virginia could be had only by an act of the Legislature. Contrast the above case, where the divorce was granted for cruelty, abandonment, waste of property, etc., with that of the Mattauer case (_ib._ (1793), 112, 126), where the divorce was refused for admitted infidelity on the part of the wife who bore a child by the brother of her husband while the latter was abroad.

[131] _Ib._ (1789), 96. Kentucky was then a part of Virginia and legislation by the latter State was necessary. It is more than probable that Marshall drew this important statute, which pa.s.sed. (_Ib._, 115, 131, 141.)

[132] Journal, H.D. (1789), 112. At this period, lotteries were the common and favorite methods of raising money for schools, and other public inst.i.tutions and enterprises. Even the maintenance of cemeteries was provided for in this way. The Journals of the House of Delegates are full of resolutions and Hening's Statutes contain many acts concerning these enterprises. (See, for example, Journal, H.D. (1787), 16-20; (1797), 39.)

[133] An uncommonly able state paper was laid before the House of Delegates at this session. It was an arraignment of the Virginia Const.i.tution of 1776, and mercilessly exposed, without the use of direct terms, the dangerous political machine which that Const.i.tution made inevitable; it suggested "that as harmony with the Federal Government ... is to be desired our own Const.i.tution ought to be compared with that of the United States and retrenched where it is repugnant"; and it finally recommended that the people instruct their representatives in the Legislature to take the steps for reform. The author of this admirable pet.i.tion is unknown. (Journal, H.D. (1789), 113.)

From this previous vote for a new Const.i.tution, it is probable that Marshall warmly supported this resolution. But the friends of the old and vicious system instantly proposed an amendment "that the foregoing statement contains principles repugnant to Republican Government and dangerous to the freedom of this country, and, therefore, ought not to meet with the approbation of this House or be recommended to the consideration of the people"; and so strong were they that the whole subject was dropped by postponement, without further contest. (Journal, H.D. (1789), 108-09.)

[134] _Ib._ (Nov. 17, 1789), 20.

[135] _Ib._ (Nov. 13, 1789), 12.

[136] _Ib._ (Nov. 16, 1789), 14.

[137] _Ib._ (Nov. 27, 1789), 49. The James River Company was formed in 1784. Washington was its first president. (Randolph to Washington, Aug.

8, 1784; Conway, 58.) Marshall's Account Book shows many payments on stock in this company.

[138] Journal, H.D. (1789), 117, 135. For many years after the Const.i.tution was adopted the United States Senate sat behind closed doors. The Virginia Legislature continued to demand public debate in the National Senate until that reform was accomplished. (See Journal, H.D.

(Oct. 25, 1791), 14; (Nov. 8, 1793), 57, etc.)

In 1789 the Nationalists were much stronger in the Legislatures of the other States than they had been in the preceding year. Only three States had answered Virginia's belated letter proposing a new Federal Convention to amend the Const.i.tution. Disgusted and despondent, Henry quitted his seat in the House of Delegates in the latter part of November and went home in a sulk. (Henry, ii, 448-49; Conway, 131.)

[139] Journal, H.D. (1789), 17, 19, 98.

[140] _Ib._, 107-12.

[141] _Ib._, 90-91.

[142] Journal, H.D. (1789), 96.

[143] _Ib._, 102.

[144] _Ib._, 119. The objections were that the liberty of the press, trial by jury, freedom of speech, the right of the people to a.s.semble, consult, and "to instruct their representatives," were not guaranteed; and in general, that the amendments submitted "fall short of affording security to personal rights." (Senate Journal, December 12, 1789; MS., Va. St. Lib.)

[145] _Annals_, 1st Cong., 1st Sess., 444; and see entire debate. The amendments were offered as a measure of prudence to mollify the disaffected. (Rives, iii, 38-39.)

[146] The House agreed to seventeen amendments. But the Senate reduced these to twelve, which were submitted to the States. The first of these provided for an increase of the representation in the House; the second provided that no law "varying" the salaries of Senators or Representatives "shall take effect until an election of Representatives shall have intervened." (_Annals_, 1st Cong., 1st Sess., Appendix to ii, 2033.) The States ratified only the last ten. (For good condensed treatment of the subject see Hildreth, iv, 112-24.) Thus the Tenth Amendment, as ratified, was the twelfth as submitted and is sometimes referred to by the latter number in the doc.u.ments and correspondence of 1790-91, as in Jefferson's "Opinion on the Const.i.tutionality of the Bank of the United States." (See _infra_.) New York, Virginia, Maryland, South Carolina, North Carolina, and Rhode Island accepted the twelve amendments as proposed. The other States rejected one or both of the first two amendments.

[147] Randolph to Madison, June 30, 1789; Conway, 126.

[148] See Beard: _Econ. O. J. D._, 76.