CHAPTER X

IN THE GREAT CONVENTION

There is no alternative between the adoption of it [the

Constitution] and anarchy. (Washington.)

I look on that paper as the most fatal plan that could possibly

be conceived to enslave a free people. (Henry.)

More, much more, went forward in the Virginia struggle than appeared

upon the surface. Noble as was the epochal debate in Virginia's

Constitutional Convention, it was not so influential on votes of the

members as were other methods[1111] employed by both sides. Very

practical politicians, indeed, were these contending moulders of

destiny.

Having in mind the Pennsylvania storm; with the picture before them of

the delicate and skillful piloting by which alone the Constitution had

escaped the rocks in the tempestuous Massachusetts seas; with the

hurricane gathering in New York and its low thunders heard even from

States that had ratified--the Virginia Constitutionalists took no

chances, neglected no precaution. Throughout the country the

Constitutionalists were now acting with disciplined dispatch.

Intelligence of the New Hampshire Convention, of their success in which

the Constitutionalists finally had made sure, was arranged to be carried

by swift riders and relays of horses across country to Hamilton in New

York; and "any expense which you may incur will be cheerfully repaid,"

King assured Langdon.[1112] As to Virginia, Hamilton wrote Madison to

send news of "_any decisive_ question ... if favorable ... by an

express ... with pointed orders to make all possible diligence, by

changing horses etc."; assuring Madison, as King did Langdon, that

"all expense shall be thankfully and liberally paid."[1113]

The Constitutionalists, great and small, in other States were watching

Virginia's Convention through the glasses of an infinite apprehension.

"I fear that overwhelming torrent, Patrick Henry," General Knox confided

to King.[1114] Even before Massachusetts had ratified, one Jeremiah Hill

thought that "the fate of this Constitution and the political Salvation

of the united States depend cheifly on the part that Virginia and this

State [Massachusetts] take in the Matter."[1115] Hamilton's lieutenant,

King, while in Boston helping the Constitutionalists there, wrote to

Madison: "You can with difficulty conceive the real anxiety experienced

in Massachusetts concerning your decision."[1116] "Our chance of success

depends on you," was Hamilton's own despairing appeal to the then leader

of the Southern Constitutionalists. "If you do well there is a gleam of

hope; but certainly I think not otherwise."[1117] The worried New York

Constitutionalist commander was sure that Virginia would settle the fate

of the proposed National Government. "God grant that Virginia may

accede. The example will have a vast influence."[1118]

Virginia's importance justified the anxiety concerning her action. Not

only was the Old Dominion preëminent in the part she had taken in the

Revolution, and in the distinction of her sons like Henry, Jefferson,

and Washington, whose names were better known in other States than those

of many of their own most prominent men; but she also was the most

important State in the Confederation in population and, at that time, in

resources. "Her population," says Grigsby, "was over three fourths of

all that of New England;... not far from double that of Pennsylvania;...

or from three times that of New York ... over three fourths of all the

population of the Southern States;... and more than a fifth of the

population of the whole Union."[1119]

The Virginia Constitutionalists had chosen their candidates for the

State Convention with painstaking care. Personal popularity, family

influence, public reputation, business and financial power, and

everything which might contribute to their strength with the people, had

been delicately weighed. The people simply would not vote against such

men as Pendleton, Wythe, and Carrington;[1120] and these and others

like them accordingly were selected by the Constitutionalists as

candidates in places where the people, otherwise, would have chosen

antagonists to the Constitution.

More than one fourth of the Virginia Convention of one hundred and

seventy members had been soldiers in the Revolutionary War; and nearly

all of them followed Washington in his desire for a strong National

Government. Practically all of Virginia's officers were members of the

Cincinnati; and these were a compact band of stern supporters of the

"New Plan."[1121] Some of the members had been Tories, and these were

stingingly lashed in debate by Mason; but they were strong in social

position, wealth, and family connections, and all of them were for the

Constitution.[1122]

No practical detail of election day had been overlooked by the

Constitutionalists. Colonel William Moore wrote to Madison, before the

election came off: "You know the disadvantage of being absent at

elections.... I must therefore entreat and conjure you--nay, command

you, if it were in my power--to be here."[1123] The Constitutionalists

slipped in members wherever possible and by any device.

Particularly in Henrico County, where Richmond was situated, had

conditions been sadly confused. Edmund Randolph, then Governor of the

State, who next to Washington was Virginia's most conspicuous delegate

to the Federal Convention, had refused to sign the Constitution and was,

therefore, popularly supposed to be against it. October 17, 1787, he

wrote a letter to the Speaker of the House of Delegates explaining his

reasons for dissent. He approved the main features of the proposed plan

for a National Government but declared that it had fatal defects, should

be amended before ratification, a new Federal Convention called to pass

upon the amendments of the various States, and, thereafter, the

Constitution as amended again submitted for ratification to State

Conventions.[1124] Randolph, however, did not send this communication to

the Speaker "lest in the diversity of opinion I should excite a contest

unfavorable to that harmony with which I trust that great subject will

be discussed."[1125] But it was privately printed in Richmond and

Randolph sent a copy to Washington. On January 3, 1788, the letter was

published in the _Virginia Gazette_ together with other correspondence.

In an additional paragraph, which does not appear in Randolph's letter

as reproduced in Elliott, he said that he would "regulate himself by the

spirit of America" and that he would do his best to amend the

Constitution prior to ratification, but if he could not succeed he would

accept the "New Plan" as it stood.[1126] But he had declared to Richard

Henry Lee that "either a monarchy or aristocracy will be generated" by

it.[1127]

Thus Randolph to all appearances occupied middle ground. But, publicly,

he was in favor of making strenuous efforts to amend the Constitution as

a condition of ratification, and of calling a second Federal Convention;

and these were the means by which the Anti-Constitutionalists designed

to accomplish the defeat of the "New Plan." The opponents of the

proposed National Government worked hard with Randolph to strengthen his

resolution and he gave them little cause to doubt their success.[1128]

But the Constitutionalists were also busy with the Governor and with

greater effect. Washington wrote an adroit and persuasive letter

designed to win him entirely over to a whole-hearted and unqualified

advocacy of the Constitution. The question was, said Washington, the

acceptance of the Constitution or "a dissolution of the Union."[1129]

Madison, in a subtle mingling of flattery, argument, and insinuation,

skillfully besought his "dear friend" Randolph to come out for the

Constitution fully and without reserve. If only Randolph had stood for

the Constitution, wrote Madison, "it would have given it a decided and

unalterable preponderancy," and Henry would have been "baffled."

The New England opposition, Madison assured Randolph, was from

"that part of the people who have a repugnance in general to good

government ... a part of whom are known to aim at confusion and are

suspected of wishing a reversal of the Revolution.... Nothing can be

further from your [Randolph's] views than the principles of the

different sets of men who have carried on their opposition under the

respectability of your name."[1130]

Randolph finally abandoned all opposition and resolved to support the

Constitution even to the point of resisting the very plan he had himself

proposed and insisted upon; but nobody, with the possible exception of

Washington, was informed of this Constitutionalist master-stroke until

the Convention met;[1131] and, if Washington knew, he kept the secret.

Thus, although the Constitutionalists were not yet sure of Randolph,

they put up no candidate against him in Henrico County, where the people

were very much opposed to the Constitution. To have done so would have

been useless in any event; for Randolph could have been elected almost

unanimously if his hostility to the proposed Government had been more

vigorous, so decided were the people's dislike and distrust of it, and

so great, as yet, the Governor's popularity. He wrote Madison a day or

two before the election that nothing but his personal popularity "could

send me; my politicks not being sufficiently strenuous against the

Constitution."[1132] The people chose their beloved young Governor,

never imagining that he would appear as the leading champion of the

Constitution on the Convention floor and actually oppose amending it

before ratification.[1133]

But the people were not in the dark when they voted for the only

candidate the Constitutionalists openly brought out in Henrico County.

John Marshall was for the proposed National Government, outright and

aboveboard. He was vastly concerned. We find him figuring out the result

of the election in northern Virginia and concluding "that the question

will be very nice."[1134] Marshall had been made the Constitutionalist

candidate solely because of his personal popularity. As it was, even the

people's confidence in him barely had saved Marshall.

"Marshall is in danger," wrote Randolph; "but F. [Dr. Foushee, the

Anti-Constitutionalist candidate] is not popular enough on other scores

to be elected, altho' he is perfectly a Henryite."[1135] Marshall

admitted that the people who elected Randolph and himself were against

the Constitution; and declared that he owed his own election to his

individual strength with the people.[1136] Thus two strong champions of

the Constitution had been secured from an Anti-Constitutionalist

constituency; and these were only examples of other cases.

The Anti-Constitutionalists, too, straining every nerve to elect their

men, resorted to all possible devices to arouse the suspicions,

distrust, and fears of the people. "The opposition to it [the

Constitution] ... is addressed more to the passions than to the reason,"

declared Washington.[1137]

Henry was feverishly active. He wrote flaming letters to Kentucky that

the Mississippi would be lost if the new plan of government were

adopted.[1138] He told the people that a religious establishment would

be set up.[1139] The Reverend John Blair Smith, President of Hampden

Sidney College, declared that Henry "has descended to lower artifices

and management ... than I thought him capable of."[1140] Writing to

Hamilton of the activities of the opposition, Washington asserted that

"their assiduity stands unrivalled";[1141] and he informed Trumbull

that "the opponents of the Constitution are indefatigable."[1142]

"Every art that could inflame the passions or touch the interests of men

have been essayed;--the ignorant have been told that should the proposed

government obtain, their lands would be taken from them and their

property disposed of;--and all ranks are informed that the prohibition

of the Navigation of the Mississippi (their favorite object) will be a

certain consequence of the adoption of the Constitution."[1143]

Plausible and restrained Richard Henry Lee warned the people that "by

means of taxes, the government may command the whole or any part of the

subjects' property";[1144] and that the Constitution "promised a large

field of employment to military gentlemen, and gentlemen of the law; and

in case the government shall be executed without convulsions, it will

afford security to creditors, to the clergy, salary-men and others

depending on money payments."[1145]

Nor did the efforts of the Virginia opponents of a National

establishment stop there. They spread the poison of personal slander

also. "They have attempted to vilify & debase the characters who formed"

the Constitution, complained Washington.[1146] These cunning expedients

on one side and desperate artifices on the other were continued during

the sitting of the Virginia Convention by all the craft and guile of

practical politics.

After the election, Madison reported to Jefferson in Paris that the

Northern Neck and the Valley had elected members friendly to the

Constitution, the counties south of the James unfriendly members, the

"intermediate district" a mixed membership, with Kentucky divided. In

this report, Madison counts Marshall fifth in importance of all

Constitutionalists elected, and puts only Pendleton, Wythe, Blair, and

Innes ahead of him.[1147]

When the Convention was called to order, it made up a striking and

remarkable body. Judges and soldiers, lawyers and doctors, preachers,

planters, merchants, and Indian fighters, were there. Scarcely a field

fought over during the long, red years of the Revolution but had its

representative on that historic floor. Statesmen and jurists of three

generations were members.[1148]

From the first the Constitutionalists displayed better tactics and

discipline than their opponents, just as they had shown greater skill

and astuteness in selecting candidates for election. They arranged

everything beforehand and carried their plans out with precision. For

the important position of President of the Convention, they agreed on

the venerable Chancellor, Edmund Pendleton, who was able, judicial, and

universally respected. He was nominated by his associate, Judge Paul

Carrington, and unanimously elected.[1149]

In the same way, Wythe, who was learned, trusted, and beloved, and who

had been the teacher of many members of the Convention, was made

Chairman of the Committee of the Whole. The Anti-Constitutionalists did

not dare to oppose either Pendleton or Wythe for these strategic places.

They had made the mistake of not agreeing among themselves on strong and

influential candidates for these offices and of nominating them before

the Constitutionalists acted. For the first time in Virginia's history,

a shorthand reporter, David Robertson, appeared to take down a

stenographic report of the debates; and this innovation was bitterly

resented and resisted by the opposition[1150] as a Constitutionalist

maneuver.[1151] Marshall was appointed a member of the committee[1152]

which examined the returns of the elections of members and also heard

several contested election cases.[1153]

[Illustration: GEORGE WYTHE]

At the beginning the Anti-Constitutionalists did not decide upon a plan

of action--did not carefully weigh their course of procedure. No sooner

had rules been adopted, and the Constitution and official documents

relating to it laid before the Convention, than their second tactical

mistake was made; and made by one of their very ablest and most

accomplished leaders. When George Mason arose, everybody knew that the

foes of the Constitution were about to develop the first move in their

order of battle. Spectators and members were breathless with suspense.

Mason was the author of Virginia's Constitution and Bill of Rights and

one of the most honorable, able, and esteemed members of the

Legislature.

He had been a delegate to the Federal Convention and, with Randolph, had

refused to sign the Constitution. Sixty-two years old, his snow-white

hair contrasting with his blazing dark eyes, his commanding stature clad

in black silk, his full, clear voice deliberate and controlled, George

Mason was an impressive figure as he stood forth to strike the first

blow at the new ordinance of Nationality.[1154] On so important a

subject, he did not think any rules should prevent "the fullest and

clearest investigation." God's curse would be small compared with "what

will justly fall upon us, if from any sinister views we obstruct the

fullest inquiry." The Constitution, declared Mason, should be debated,

"clause by clause," before any question was put.[1155]

The Constitutionalists, keen-eyed for any strategic blunder of their

adversaries, took instant advantage of Mason's bad generalship. Madison

suavely agreed with Mason,[1156] and it was unanimously resolved that

the Constitution should be "discussed clause by clause through all its

parts,"[1157] before any question should be put as to the instrument

itself or any part of it. Thus the opposition presented to the

Constitutionalists the very method the latter wished for, and had

themselves planned to secure, on their own initiative.[1158] The

strength of the foes of the proposed National Government was in

attacking it as a whole; their weakness, in discussing its specific

provisions. The danger of the Constitutionalists lay in a general debate

on the large theory and results of the Constitution; their safety, in

presenting in detail the merits of its separate parts.

While the fight over the Constitution was partly an economic class

struggle, it was in another and a larger phase a battle between those

who thought nationally and those who thought provincially. In hostile

array were two central ideas: one, of a strong National Government

acting directly on men; the other, of a weak confederated league merely

suggesting action to States. It was not only an economic contest, but

also, and even more, a conflict by those to whom "liberty" meant

unrestrained freedom of action and speech, against those to whom such

"liberty" meant tumult and social chaos.

The mouths of the former were filled with those dread and sounding words

"despotism" and "arbitrary power"; the latter loudly denounced "enemies

of order" and "foes of government." The one wanted no bits in the mouth

of democracy, or, at most, soft ones with loose reins and lax hand; the

other wished a stout curb, stiff rein, and strong arm. The whole

controversy, on its popular side, resounded with misty yet stirring

language about "liberty," "aristocracy," "tyranny," "anarchy,"

"licentiousness"; and yet "debtor," "creditor," "property and taxes,"

"payment and repudiation," were heard among the more picturesque and

thrilling terms. In this fundamental struggle of antagonistic theories,

the practical advantage for the hour was overwhelmingly with those who

resisted the Constitution.

They had on their side the fears of the people, who, as has appeared,

looked on all government with suspicion, on any vital government with

hostility, and on a great central Government as some distant and

monstrous thing, too far away to be within their reach, too powerful to

be resisted, too high and exalted for the good of the common man, too

dangerous to be tried. It was, to the masses, something new, vague, and

awful; something to oppress the poor, the weak, the debtor, the settler;

something to strengthen and enrich the already strong and opulent, the

merchant, the creditor, the financial interests.

True, the people had suffered by the loose arrangement under which they

now lived; but, after all, had not they and their "liberties" survived?

And surely they would suffer even more, they felt, under this stronger

power; but would they and their "liberties" survive its "oppression"?

They thought not. And did not many of the ablest, purest, and most

trusted public characters in the Old Dominion think the same? Here was

ammunition and to spare for Patrick Henry and George Mason, Tyler and

Grayson, Bland and Harrison--ammunition and to spare, with their guns

planted on the heights, if they could center their fire on the

Constitution as a single proposition.

But they had been sleeping and now awoke to find their position

surrendered, and themselves compelled, if Mason's resolutions were

strictly followed, to make the assault in piecemeal on detached parts of

the "New Plan," many of which, taken by themselves, could not be

successfully combated. Although they tried to recover their lost ground

and did regain much of it, yet the Anti-Constitutionalists were hampered

throughout the debate by this initial error in parliamentary

strategy.[1159]

And now the Constitutionalists were eager to push the fighting. The

soldierly Lee was all for haste. The Anti-Constitutionalists held back.

Mason protested "against hurrying them precipitately." Harrison said

"that many of the members had not yet arrived."[1160] On the third day,

the Convention went into committee of the whole, with the astute and

venerable Wythe in the chair. Hardly had this brisk, erect little

figure--clad in single-breasted coat and vest, standing collar and white

cravat, bald, except on the back of the head, from which unqueued and

unribboned gray hair fell and curled up from the neck[1161]--taken the

gavel before Patrick Henry was on his feet.

Henry moved for the reading of the acts by authority of which the

Federal Convention at Philadelphia had met,[1162] for they would show

the work of that Convention to be illegal and the Constitution the

revolutionary creature of usurped power. If Henry could fix on the

advocates of stronger law and sterner order the brand of lawlessness and

disorder in framing the very plan they now were championing, much of the

mistake of yesterday might be retrieved.

But it was too late. Helped from his seat and leaning on his crutches,

Pendleton was recognized by Wythe before Henry could get the eye of the

chair to speak upon his motion; and the veteran jurist crushed Henry's

purpose before the great orator could make it plain. "We are not to

consider," said Pendleton, "whether the Federal Convention exceeded

their powers." That question "ought not to influence our deliberations."

Even if the framers of the Constitution had acted without authority,

Virginia's Legislature afterwards had referred it to the people who had

elected the present Convention to pass upon it.[1163] Pendleton's brief

speech was decisive;[1164] Henry withdrew his motion; the preamble and

the first two sections of the first article of the Constitution were

laid before the committee and the destiny-determining debate began.

The Constitutionalists, who throughout the contest never made a mistake

in the men they selected to debate or the time when they should speak,

had chosen skillfully the parliamentary artillerist to fire their

opening gun. They did not wait for the enemy's attack, but discharged

the first shot themselves. Quickly there arose a broad, squat, ungainly

man, "deformed with fat," shaggy of brow, bald of head, gray-eyed, with

a nose like the beak of an eagle, and a voice clear and

emotionless.[1165] George Nicholas had been a brave, brilliant soldier

and was one of the ablest and best-equipped lawyers in the State. He was

utterly fearless, whether in battle on the field or in debate on the

floor. His family and connections were powerful. In argument and

reasoning he was the equal if not the superior of Madison himself; and

his grim personality made the meek one of Madison seem tender in

comparison. Nothing could disconcert him, nothing daunt his cold

courage. He probably was the only man in the Convention whom Henry

feared.[1166]

Nicholas was glad, he said, that the Convention was to act with the

"fullest deliberation." First he thrust at the method of the opposition

to influence members by efforts outside the Convention itself; and went

on with a clear, logical, and informed exposition of the sections then

under consideration. He ended by saying "that he was willing to trust

his own happiness, and that of his posterity, to the operation of that

system."[1167]

The Constitution's enemies, thus far out-pointed by its perfectly

trained and harmonious supporters, could delay no longer. Up rose the

idol and champion of the people. Although only fifty-two years old, he

had changed greatly in appearance since the days of his earlier

triumphs. The erect form was now stooped; spectacles now covered the

flashing eyes and the reddish-brown hair was replaced by a wig, which,

in the excitement of speech, he frequently pushed this way and that. But

the wizard brain still held its cunning, the magic tongue which,

twenty-three years ago had trumpeted Independence, still wrought its

spell.[1168] Patrick Henry began his last great fight.

What, asked Henry, were the reasons for this change of government? A

year ago the public mind was "at perfect repose"; now it was "uneasy and

disquieted." "A wrong step now ... and our republic may be lost." It was

a great consolidated Government that the Constitutionalists proposed,

solemnly asserted Henry. What right, he asked, had the framers of the

Constitution to say, "_We, the people_, instead of _We, the states_"? He

demanded the cause of that fundamental change. "Even from that

illustrious man [Washington] who saved us by his valor, I would have a

reason for his conduct." The Constitution-makers had no authority except

to amend the old system under which the people were getting along very

well. Why had they done what they had no power to do?[1169]

Thus Henry put the Constitutionalists on the defensive. But they were

ready. Instantly, Randolph was on his feet. He was thirty-seven years of

age, fashioned on noble physical lines, with handsome face and flowing

hair. His was one of Virginia's most distinguished families, his

connections were influential, and he himself was the petted darling of

the people. His luxuriant mind had been highly trained, his rich and

sonorous voice gave an added charm to his words.[1170] He was the

ostensible author[1171] of the plan on the broad lines of which the

Constitution finally had been built. His refusal to sign it because of

changes which he thought necessary, and his conversion to the extreme

Constitutionalist position, which he now, for the first time, was fully

to disclose, made him the strongest single asset the Constitutionalists

had acquired. Randolph's open, bold, and, to the public, sudden

championship of the Constitution was the explosion in the opposition's

camp of a bomb which they had hoped and believed their own ammunition.

Never before, said Randolph, had such a vast event come to a head

without war or force. It might well be feared that the best wisdom would

be unequal to the emergency and that passion might prevail over reason.

He warned the opposition that the chair "well knows what is order, how

to command obedience, and that political opinions may be as honest on

one side as on the other." Randolph then tried to explain his change. "I

had not even the glimpse of the genius of America," said he of his

refusal to sign the report of the Federal Convention. But it was now so

late that to insist on amendments before ratification would mean

"inevitable ruin to the Union";[1172] and he would strike off his arm

rather than permit that.

Randolph then reviewed the state of the country under the Confederation:

Congress powerless, public credit ruined, treaties violated, prices

falling, trade paralyzed, "and justice trampled under foot." The world

looks upon Americans "as little wanton bees, who had played for liberty,

but had no sufficient solidity or wisdom" to keep it. True, the Federal

Convention had exceeded its authority, but there was nothing else to be

done. And why not use the expression "We, the people"? Was the new

Government not for them? The Union is now at stake, and, exclaimed he,

"I am a friend to the Union."[1173]

The secret was out, at last; the Constitutionalists' _coup_ was

revealed. His speech placed Randolph openly and unreservedly on their

side. "The Governor has ... thrown himself fully into the federal

scale," gleefully reported the anxious Madison to the supreme

Nationalist chieftain at Mount Vernon.[1174] "The G[overno]r exhibited

a curious spectacle to view. Having refused to sign the paper [the

Constitution] everybody supposed him against it," was Jefferson's

comment on Randolph's change of front.[1175] Washington, perfectly

informed, wrote Jay in New York that "Mr. Randolph's declaration

will have considerable effect with those who had hitherto been

wavering."[1176] Theodoric Bland wrote bitterly to Arthur Lee

that, "Our chief magistrate has at length taken his party and appears

to be reprobated by the honest of both sides.... He has openly

declared for posterior amendments, or in other words, unconditional

submission."[1177]

All of Randolph's influence, popularity, and prestige of family were to

be counted for the Constitution without previous amendment; and this was

a far weightier force, in the practical business of getting votes for

ratification, than oratory or argument.[1178] So "the sanguine friends

of the Constitution counted upon a majority of twenty ... which number

they imagine will be greatly increased."[1179]

Randolph's sensational about-face saved the Constitution. Nothing that

its advocates did during these seething three weeks of able discussion

and skillful planning accomplished half so much to secure ratification.

Washington's tremendous influence, aggressive as it was tactful, which,

as Monroe truly said, "carried" the new National plan, was not so

practically effective as his work in winning Randolph. For, aside from

his uncloaked support, the Virginia Governor at that moment had a

document under lock and key which, had even rumor of it got abroad,

surely would have doomed the Constitution, ended the debate abruptly,

and resulted in another Federal Convention to deal anew with the

Articles of Confederation.

By now the Anti-Constitutionalists, or Republicans as they had already

begun to call themselves, also were acting in concert throughout the

country. Their tactics were cumbersome and tardy compared with the

prompt celerity of the well-managed Constitutionalists; but they were

just as earnest and determined. The Society of the Federal Republicans

had been formed in New York to defeat the proposed National Government

and to call a second Federal Convention. It opened correspondence in

most of the States and had agents and officers in many of them.

New York was overwhelmingly against the Constitution, and her Governor,

George Clinton, was the most stubborn and resourceful of its foes. On

December 27, 1787, Governor Randolph, under the formal direction of

Virginia's Legislature, had sent the Governors of the other States a

copy of the act providing for Virginia's Convention, which included the

clause for conferring with her sister Commonwealths upon the calling of

a new Federal Convention. The one to Clinton of New York was delayed in

the mails for exactly two months and eleven days, just long enough to

prevent New York's Legislature from acting on it.[1180]

After pondering over it for a month, the New York leader of the

Anti-Constitutionalist forces wrote Governor Randolph, more than three

weeks before the Virginia Convention assembled, the now famous letter

stating that Clinton was sure that the New York Convention, to be held

June 17, "will, with great cordiality, hold a communication with any

sister State on the important subject [a new Federal Convention] and

especially with one so respectable in point of importance, ability, and

patriotism as Virginia"; and Clinton assumed that the Virginia

Convention would "commence the measures for holding such

communications."[1181]

When Clinton thus wrote to Randolph, he supposed, of course, that the

Virginia Governor was against the Constitution. Had the New York

Executive known that Randolph had been proselyted by the

Constitutionalists, Clinton would have written to Henry, or Mason, or

taken some other means of getting his letter before the Virginia

Convention. Randolph kept all knowledge of Clinton's fatal communication

from everybody excepting his Executive Council. He did not make it

public until after the long, hard struggle was ended; when, for the

first time, too late to be of any effect, he laid the New York

communication before the Virginia Legislature which assembled just as

the Convention was adjourning.[1182]

Weighty as were the arguments and brilliant the oratory that made the

Virginia debate one of the noblest displays of intellect and emotion

which the world ever has seen, yet nothing can be plainer than that

other practices on both sides of that immortal struggle were more

decisive of the result than the amazing forensic duel that took place on

the floor of the Convention hall.

When one reflects that although the weight of fact and reason was

decisively in favor of the Constitutionalists; that their forces were

better organized and more ably led; that they had on the ground to help

them the most astute politicians from other States as well as from

Virginia; that Washington aggressively supported them with all his

incalculable moral influence; that, if the new National Government were

established, this herculean man surely would be President with all the

practical power of that office, of which patronage was not the

least--when one considers that, notwithstanding all of these and many

other crushing advantages possessed by the Constitutionalists, their

majority, when the test vote finally came, was only eight out of a total

vote of one hundred and sixty-eight; when one takes into account the

fact that, to make up even this slender majority, one or two members

violated their instructions and several others voted against the known

will of their constituents, it becomes plain how vitally necessary to

their cause was the Constitutionalists' capture of the Virginia

Governor.[1183]

The opponents of the proposed National Government never forgave him nor

was his reputation ever entirely reëstablished. Mason thereafter

scathingly referred to Randolph as "young A[rno]ld."[1184]

Answering Randolph, Mason went to the heart of the subject. "Whether the

Constitution be good or bad," said he, "it is a national government and

no longer a Confederation ... that the new plan provides for." The power

of direct taxation alone "is calculated to annihilate totally the state

governments." It means, said Mason, individual taxation "by two

different and distinct powers" which "cannot exist long together; the

one will destroy the other." One National Government is not fitted for

an extensive country. "Popular governments can only exist in small

territories." A consolidated government "is one of the worst curses that

can possibly befall a nation." Clear as this now was, when the

Convention came to consider the Judiciary clause, everybody would, Mason

thought, "be more convinced that this government will terminate in the

annihilation of the state governments."

But here again the author of Virginia's Bill of Rights made a tactical

mistake from the standpoint of the management of the fight, although it

was big-hearted and statesmanlike in itself. "If," said he, "such

amendments be introduced as shall exclude danger ... I shall most

heartily make the greatest concessions ... to obtain ... conciliation

and unanimity."[1185] No grindstone, this, to sharpen activity--no

hammer and anvil, this, to shape and harden an unorganized opposition

into a single fighting blade, wielded to bring victory or even to force

honorable compromise. The suggestion of conciliation before the first

skirmish was over was not the way to arouse the blood of combat in the

loose, undisciplined ranks of the opposition.

Swift as any hawk, the Constitutionalists pounced upon Mason's error,

but they seized it gently as a dove. "It would give me great pleasure,"

cooed Madison, "to concur with my honorable colleague in any

conciliatory plan." But the hour was now late, and he would postpone

further remarks for the time being.[1186]

So the Convention adjourned and the day ended with the

Constitutionalists in high spirits.[1187] Madison wrote to Washington

that "Henry & Mason made a lame figure & appeared to take different and

awkward ground. The Federalists [Constitutionalists][1188] are a good

deal elated by the existing prospect." Nevertheless, the timid Madison

fluttered with fear. "I dare not," wrote he, "speak with certainty as to

the decision. Kentucky has been extremely tainted and is supposed to be

generally adverse, and every possible piece of address is going on

privately to work on the local interests & prejudices of that & other

quarters."[1189]

The next day the building of the New Academy, where the Convention met,

was packed with an eager throng. Everybody expected Madison to engage

both Henry and Mason as he had intimated that he would do. But once more

the excellent management of the Constitutionalists was displayed.

Madison, personally, was not popular,[1190] he was physically

unimpressive, and strong only in his superb intellect. The time to

discharge the artillery of that powerful mind had not yet come. Madison

was not the man for this particular moment. But Pendleton was, and so

was "Light-Horse Harry" Lee. The Constitutionalists combined the ermine

and the sword. Virginia's most venerated jurist and her most dashing

soldier were ordered to the front. In them there was an appeal to much

that the Old Dominion still reverenced and loved, in spite of the

"levelling spirit" manifest there as well as in Massachusetts and other

States. So when all eyes were turned on Madison's seat, they beheld it

vacant. Madison had stayed away. Had he been present, he could not have

avoided speaking.

Dramatic, indeed, appeared the white-haired, crippled jurist, as,

struggling to his feet, he finally stood upon his crutches and faced the

Convention. He had been unused to public debate for many years, and was

thought to be so infirm that no one expected him to do more than make or

decide points of order and give his vote. Yet there the feeble old man

stood to answer the resistless Henry and the learned Mason. His ancient

friend and brother justice, Wythe, leaned forward from his chair to

catch the tones of the beloved voice. Tears rolled down the cheeks of

some of the oldest members who for decades had been Pendleton's

friends.[1191] The Constitutionalists had set the stage to catch the

emotions which they affected to despise, with the very character whose

strength was in that pure reasoning on which they pretended solely to

rely.

Without wasting a word, Pendleton came to the point. Henry, he said, had

declared that all was well before "this Federal system was thought of."

Was that accurate? In a few short sentences he showed that it was not.

There was, said Pendleton, "no quarrel between government and liberty;

the former is shield and protector of the latter. The war is between

government and licentiousness, faction, turbulence, and other violations

of the rules of society to preserve liberty." Why are the words "We, the

people," improper? "Who but the people have a right to form

government?... What have the state governments to do with it?" Had the

Federal Convention exceeded its powers? No. Because those powers were

"to propose, not to determine."

"Suppose," asked the venerable Pendleton, "the paper on your table [the

Constitution] dropped from one of the planets; the people found it, and

sent us here to consider whether it was proper for their adoption; must

we not obey them?" Of course. "Then the question must be between this

government and the Confederation," which "is no government at all." The

Confederation did not carry us through the war; "common danger and the

spirit of America" did that. The cry "United we stand--divided we fall,"

which "echoed and reëchoed through America--from Congress to the drunken

carpenter"--saved us in that dark hour. And Pendleton clearly, briefly,

solidly, answered every objection which Mason and Henry had made.

Nothing could have been more practically effective than his close. He

was of no party, Pendleton avowed; and his "age and situation" proved

that nothing but the general good influenced him.[1192]

The smouldering fires in Henry's blood now burned fiercely. This was the

same Pendleton who had fought Henry in his immortal resolution on the

Stamp Act in 1765 and in every other of those epochal battles for

liberty and human rights which Henry had led and won.[1193] But the

Constitutionalists gave the old war horse no chance to charge upon his

lifelong opponent. A young man, thirty-two years of age, rose, and,

standing within a few feet of the chair, was recognized. Six feet tall,

beautiful of face, with the resounding and fearless voice of a warrior,

Henry Lee looked the part which reputation assigned him. Descended from

one of the oldest and most honorable families in the colony, a graduate

of Princeton College, one of the most daring, picturesque, and

attractive officers of the Revolution, in which by sheer gallantry and

military genius he had become commander of a famous cavalry command, the

gallant Lee was a perfect contrast to the venerable Pendleton.[1194]

Lee paid tribute to Henry's shining talents; but, said he, "I trust that

he [Henry] is come to judge, and not to alarm." Henry had praised

Washington; yet Washington was for the Constitution. What was there

wrong with the expression "We, the people," since upon the people "it

is to operate, if adopted"? Like every Constitutionalist speaker, Lee

painted in somber and forbidding colors the condition of the country,

"all owing to the imbecility of the Confederation."[1195]

At last Henry secured the floor. At once he struck the major note of the

opposition. "The question turns," said he, "on that poor little

thing--the expression, 'We, the _people_; instead of the _states_.'" It

was an "alarming transition ... a revolution[1196] as radical as that

which separated us from Great Britain.... Sovereignty of the states ...

rights of conscience, trial by jury, liberty of the press, ... all

pretensions of human rights and privileges" were imperiled if not lost

by the change.

It _was_ the "despised" Confederation that had carried us through the

war. Think well, he urged, before you part with it. "Revolutions like

this have happened in almost every country in Europe." The new

Government may prevent "licentiousness," but also "it will oppress

and ruin the people," thundered their champion. The Constitution

was clear when it spoke of "sedition," but fatally vague when it

spoke of "privileges." Where, asked Henry, were the dangers the

Constitutionalists conjured up? Purely imaginary! If any arose, he

depended on "the American spirit" to defend us.

The method of amendment provided in the Constitution, exclaimed Henry,

was a mockery--it shut the door on amendment. "A contemptible minority

can prevent the good of the majority." "A standing army" will "execute

the execrable commands of tyranny," shouted Henry. And who, he asked,

will punish them? "Will your mace-bearer be a match for a disciplined

regiment?" If the Constitution is adopted, "it will be because we like a

great splendid" government. "The ropes and chains of consolidation" were

"about to convert this country into a powerful and mighty empire." The

Constitution's so-called checks and balances, sneered Henry, were

"rope-dancing, chain-rattling, ridiculous ... contrivances."

The Constitutionalists talked of danger if the Confederation was

continued; yet, under it, declared Henry, "peace and security, ease and

content" were now the real lot of all. Why, then, attempt "to terrify us

into an adoption of this new form of government?... Who knows the

dangers this new system may produce? They are out of sight of the common

people; they cannot foresee latent consequences." It was the operation

of the proposed National Government "on the middling and lower classes

of people" that Henry feared. "This government" [the Constitution],

cried he, "is not a Virginian but an American government."

Throughout Henry's speech, in which he voiced, as he never failed to do,

the thought of the masses, a National Government is held up as a foreign

power--even one so restricted as the literal words of the Constitution

outlined. Had the Constitutionalists acknowledged those Nationalist

opinions which, in later years, were to fall from the lips of a young

member of the Convention and become the law of the land, the defeat of

the Constitution would have been certain, prompt, and overwhelming.

In the Constitution's chief executive, Henry saw "a great and mighty

President" with "the powers of a King ... to be supported in extravagant

magnificence." The National Government's tax-gatherers would "ruin you

with impunity," he warned his fellow members and the people they

represented. Did not Virginia's own "state sheriffs, those unfeeling

blood-suckers," even "under the watchful eye of our legislature commit

the most horrid and barbarous ravages on our people? ... Lands have been

sold," asserted he, "for 5 shillings which were worth one hundred

pounds." What, then, would happen to the people "if their master had

been at Philadelphia or New York?" asked Henry. "These harpies may

search at any time your houses and most secret recesses." Its friends

talked about the beauty of the Constitution, but to Henry its features

were "horribly frightful. Among other deformities, it has an awful

squinting; it squints toward monarchy."

The President, "your American chief," can make himself absolute,

dramatically exclaimed the great orator. "If ever he violates the

laws ... he will come at the head of his army to carry everything before

him; or he will give bail, or do what Mr. Chief Justice will order him."

But will he submit to punishment? Rather, he will "make one bold push

for the American throne," prophesied Henry. "We shall have a king; the

army will salute him monarch: your militia will leave you, and assist in

making him king and fight against you."[1197] It would be infinitely

better, he avowed, to have a government like Great Britain with "King,

Lords, and Commons, than a government so replete with such insupportable

evils" as the Constitution contained.

Henry spoke of the danger of the power of Congress over elections, and

the treaty-making power. A majority of the people were against the

Constitution, he said, and even "the adopting states have already

heart-burnings and animosity and repent their precipitate hurry....

Pennsylvania has been tricked into" ratification. "If other states who

have adopted it have not been tricked, still they were too much

hurried.[1198] ... I have not said the one hundred thousandth part of

what I have on my mind and wish to impart"--with these words of warning

to the Constitutionalists, Henry closed by apologizing for the time he

had taken. He admitted that he had spoken out of order, but trusted that

the Convention would hear him again.[1199]

Studying this attack and defense of master swordsmen, following the

tactical maneuvers of America's ablest politicians, a partisan on one

side, yet personally friendly with members of the other, John Marshall

was waiting for the call that should bring him into the battle and, by

the method which he employed throughout his life, preparing to respond

when the Constitutionalist managers should give the word. He was

listening to the arguments on both sides, analyzing them, and, by that

process of absorption with which he was so peculiarly and curiously

gifted, mastering the subjects under discussion. Also, although casual,

humorous, and apparently indifferent, he nevertheless was busy, we may

be sure, with his winning ways among his fellow members.

Patrick Henry's effort was one of the two or three speeches made during

the three weeks of debate which actually may have had an effect upon

votes.[1200] The Constitutionalists feared that Henry would take the

floor next morning to follow up his success and deepen the profound

impression he had made. To prevent this and to break the force of

Henry's onslaught, they put forward Governor Randolph, who was quickly

recognized by the chair. Madison and Nicholas were held in

reserve.[1201]

But in vain did Randolph employ his powers of oratory, argument, and

persuasion in the great speech beginning "I am a child of the

Revolution," with which he attempted to answer Henry. There is no peace;

"the tempest growls over you.... Justice is suffocated," he said; legal

proceedings to collect debts are "obscured by legislative mists." As an

illustration of justice, consider the case of Josiah Philips, executed

without trial or witness, on a bill of attainder passed without debate

on the mere report of a member of the Legislature: "_This made the

deepest impression on my heart and I cannot contemplate it without

horror_."[1202] As to "the American spirit" expressed through the

militia being competent to the defense of the State, Randolph asked:

"Did ever militia defend a country?"

Randolph's speech was exhaustive and reached the heights of real

eloquence. It all came to this, he said, Union or Dissolution, thus

again repeating the argument Washington had urged in his letter to

Randolph. "Let that glorious pride which once defied the British

thunder, reanimate you again," he cried dramatically.[1203] But his

fervor, popularity, and influence were not enough.

Marshall, when he came to speak later in the debate, made the same

mistake. No more striking illustration exists of how public men, in the

hurry and pressure of large affairs, forget the most important events,

even when they themselves were principal actors in them.

Although the time had not properly come for the great logician of the

Constitution to expound it, the situation now precipitated the

psychological hour for him to strike. The chair recognized a slender,

short-statured man of thirty-seven, wearing a handsome costume of blue

and buff with doubled straight collar and white ruffles on breast and at

wrists. His hair, combed forward to conceal baldness, was powdered and

fell behind in the long beribboned queue of fashion. He was so small

that he could not be seen by all the members; and his voice was so weak

that only rarely could he be heard throughout the hall.[1204] Such was

James Madison as he stood, hat in hand and his notes in his hat, and

began the first of those powerful speeches, the strength of which, in

spite of poor reporting, has projected itself through more than a

hundred years.

At first he spoke so low that even the reporter could not catch what he

said.[1205] He would not, remarked Madison, attempt to impress anybody

by "ardent professions of zeal for the public welfare." Men should be

judged by deeds and not by words. The real point was whether the

Constitution would be a good thing or a bad thing for the country. Henry

had mentioned the dangers concealed in the Constitution; let him specify

and prove them. One by one he caught and crushed Henry's points in the

jaws of merciless logic.

What, for the gentle Madison, was a bold blow at the opposition shows

how even he was angered. "The inflammatory violence wherewith it [the

Constitution] was opposed by designing, illiberal, and unthinking minds,

begins to subside. I will not enumerate the causes from which, in my

conception, the heart-burnings of a majority of its opposers have

originated." His argument was unanswerable as a matter of pure reason

and large statesmanship, but it made little headway and had only slight

if any influence. "I am not so sanguine," reported Washington's nephew

to the General at Mount Vernon, "as to ... flatter myself that he made

many converts."[1206]

The third gun of the powerful battery which the Constitutionalists had

arranged to batter down the results of Henry's speech was now brought

into action. George Nicholas again took the floor. He was surprised that

Mason's resolution to debate the Constitution clause by clause had not

been followed. But it had not been, and therefore he must speak at

large. While Nicholas advanced nothing new, his address was a

masterpiece of compact reasoning.[1207]

Age and middle age had spoken for the Constitution; voices from the

bench and the camp, from the bar and the seats of the mighty, had

pleaded for it; and now the Constitutionalists appealed to the very

young men of the Convention through one of the most attractive of their

number. The week must not close with Henry's visions of desolation

uppermost in the minds of the members. On Saturday morning the chair

recognized Francis Corbin of Middlesex. He was twenty-eight years old

and of a family which had lived in Virginia from the early part of the

seventeenth century. He had been educated in England at the University

of Cambridge, studied law at the Inner Temple, was a trained lawyer, and

a polished man of the world.

Corbin made one of the best speeches of the whole debate. On the

nonpayment of our debts to foreign nations he was particularly strong.

"What!" said he, "borrow money to discharge interest on what was

borrowed?... Such a plan would destroy the richest country on earth." As

to a Republican Government not being fitted for an extensive country, he

asked, "How small must a country be to suit the genius of

Republicanism?" The power of taxation was the "lungs of the

Constitution." His defense of a standing army was novel and ingenious.

The speech was tactful in the deference paid to older men, and so

captivating in the pride it must have aroused in the younger members

that it justified the shrewdness of the Constitutionalist generals in

putting forward this youthful and charming figure.[1208]

Of course Henry could not follow a mere boy. He cleverly asked that

Governor Randolph should finish, as the latter had promised to

do.[1209] Randolph could not avoid responding; and his speech, while

very able, was nevertheless an attempt to explode powder already

burned.[1210] Madison saw this, and getting the eye of the chair

delivered the second of those intellectual broadsides, which, together

with his other mental efforts during the Constitutional period, mark him

as almost the first, if not indeed the very first, mind of his

time.[1211] The philosophy and method of taxation, the history and

reason of government, the whole range of the vast subject were

discussed,[1212] or rather begun; for Madison did not finish, and took

up the subject four days later. His effort so exhausted him physically

that he was ill for three days.[1213]

Thus fortune favored Henry. The day, Saturday, was not yet spent. After

all, he could leave the last impression on the members and spectators,

could apply fresh color to the picture he wished his hearers to have

before their eyes until the next week renewed the conflict. And he could

retain the floor so as to open again when Monday came. The art of Henry

in this speech was supreme. He began by stating the substance of Thomas

Paine's terrific sentence about government being, at best, "a necessary

evil"; and aroused anew that repugnance to any sturdy rule which was a

general feeling in the breasts of the masses.

Both the Confederation and the proposed Constitution were "evils,"

asserted Henry, and the only question was which was the less. Randolph

and Madison incautiously had referred to maxims. Henry seized the word

with infinite skill. "It is impiously irritating the avenging hand of

Heaven ... to desert those maxims which alone can preserve liberty," he

thundered. They were lowly maxims, to be sure, "poor little, humble

republican maxims"; but "humble as they are" they alone could make a

nation safe or formidable. He rang the changes on the catchwords of

liberty.

Then Henry spoke of Randolph's change of front. The Constitution "was

once execrated" by Randolph. "It seems to me very strange and

unaccountable that that which was the object of his execration should

now receive his encomiums. Something extraordinary must have operated so

great a change in his opinion." Randolph had said that it was too late

to oppose the "New Plan"; but, answered Henry, "I can never believe that

it is too late to save all that is precious." Henry denied the woeful

state of the country which the Constitutionalist speakers had pictured.

The "imaginary dangers" conjured by them were to intimidate the people;

but, cried Henry, "fear is the passion of slaves." The execution of

Josiah Philips under the bill of attainder was justifiable. Philips had

been a "fugitive murderer and an outlaw" leader of "an infamous

banditti," perpetrator of "the most cruel and shocking barbarities ...

an enemy to human nature."[1214]

It was not true, declared Henry, that the people were discontented under

the Confederation--at least the common people were not; and it was the

common people for whom he spoke. But, of course, sneered that consummate

actor, "the middling and lower ranks of people have not those

illuminated ideas" which the "well-born" are so happily possessed of;

"they [the common people] cannot so readily perceive latent objects." It

was only the "illuminated imaginations" and the "microscopic eyes of

modern statesmen" that could see defects where there were none.

Henry hinted with great adroitness at the probable loss of the

Mississippi, which was the sorest point with the members from Kentucky;

and, having injected the poison, passed on to let it do its work against

the time when he would strike with all his force. Then he appealed to

state pride. "When I call this the most mighty state in the Union, do I

not speak the truth? Does not Virginia surpass every state?" Of course!

There was no danger, then, that Virginia would be left out of the Union,

as the Constitutionalists had hinted might happen if Virginia rejected

the Constitution; the other States would be glad to have her on her own

terms.

Henry went over a variety of subjects and then returned to his favorite

idea of the National Government as something foreign. Picking up a

careless word of Randolph, who had spoken of the people as a "herd,"

Henry said that perhaps the words "We, the people," were used to

recommend it to the masses, "to those who are likened to a _herd_; and

by the operation of this blessed system are to be transformed from

respectable, independent citizens, to abject, dependent subjects or

slaves."[1215] Finally, when he felt that he had his hearers once more

under his spell, Henry, exclaiming that a Bill of Rights was vital,

asked for adjournment, which was taken, the great orator still holding

the floor.

FOOTNOTES:

[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] Randolph's change was ascribed to improper motives. Mason was

almost offensive in his insinuations during the debate and Henry openly

so, as will appear. Randolph's last words to the Convention were

explanatory and defensive.

Washington made Randolph his first Attorney-General and he exercised

great power for a time. "The Government is now solely directed by

Randolph," complained Jefferson. (Conway, 140.) While Washington

certainly did not appoint Randolph as a reward for his conduct in the

struggle over the Constitution, it is a reasonable inference that he

would not have been made a member of the Cabinet if he had not abandoned

his opposition, supported the Constitution, and suppressed Clinton's

letter.

Virginia had the head of the Cabinet in Jefferson as Secretary of State;

Washington himself was from Virginia; and since there were numerous men

from other States as well as or better equipped than Randolph for the

Attorney-Generalship, his selection for that place is, at least,

noteworthy. It gave Virginia the Presidency and two members of a Cabinet

which numbered only four in all.

When the Attorney-Generalship was tendered to Randolph, he wrote to

Madison bitterly resenting "the load of calumny which would be poured

upon" him if he should accept. "For," writes Randolph, "it has been

insinuated ... that my espousal of the Constitution had alienated even

its friends from me, who would not elect me to the house of

representatives. The insinuation has been carried so far as to apply it

to the disposal of offices under the government." (Randolph to Madison,

July 19, 1789; Conway, 127-28.)

[1184] Rowland, ii, 308.

[1185] Elliott, iii, 29-34.

[1186] Elliott, iii, 34-35.

[1187] Grigsby, i, 99.

[1188] Those who supported the Constitution were called "Federalists"

and its opponents "Anti-Federalists"; but, for sake of clearness, the

terms "Constitutionalists" and "Anti-Constitutionalists" are employed in

these chapters.

[1189] Madison to Washington, June 4, 1788; _Writings_: Hunt, v,

footnote to 123-24.

[1190] Grigsby, i, footnote to 46.

[1191] Grigsby, i, 101-02. Scenes of a similar character occurred

several times in both Senate and House between 1900 and 1911, when one

of our elder statesmen, who plainly was nearing the end of life, rose to

speak. More than one notable contest, during that decade, was decided by

the sympathetic votes of aged friends who answered the call of long

years of affection.

[1192] Elliott, iii, 35-41.

[1193] See _infra_, chap, III; also Grigsby, i, 105-06.

[1194] _Ib._, 106-09.

[1195] Elliott, iii, 41-43.

[1196] Elliott, iii, 44. The word "revolution" is printed "resolution"

in Elliott's _Debates_. This is a good example of the inaccuracy of

Elliott's reprint of Robertson's stenographic report. In Robertson's

_Debates_, published in 1805, the word is correctly printed

"revolution." I have cited Elliott only because it is accessible. Even

Robertson's report is admittedly meager and unsatisfactory; all the

more, therefore, is it to be regretted that Elliott's reprint should be

so inaccurate.

[1197] At this point the reporter, unable to follow Henry's speech,

notes that he "strongly and pathetically expatiated on the probability

of the President's enslaving America and the horrid consequences that

must result." (Elliott, iii, 60.)

[1198] Henry had not heard of the Constitutionalists' bargain with

Hancock in Massachusetts.

[1199] Elliott, iii, 43-64.

[1200] General Posey, a Revolutionary officer, who was for the

Constitution, afterwards said that Henry's speech made him believe that

the Constitution would destroy liberty. Another intelligent man who

heard Henry's speech said that when the great orator pictured the

President at the head of the army, he felt his own wrists for the

shackles, and that his place in the gallery suddenly seemed like a

dungeon. (Grigsby, i, 118-19.)

[1201] Grigsby, i, 121.

[1202] Elliott, iii, 64-86. In the debate, much was made of this famous

case. Yet Philips was not executed under the provisions of the law

Randolph referred to. When arrested, he was indicted, tried, and

convicted in the General Court; and he was hanged by sentence of the

court, December 4, 1778.

Although, at that time, Randolph was Attorney-General of Virginia and

actually prosecuted the case; and although Henry was Governor and

ordered the arrest of Philips (Henry, i, 611-13), yet, ten years later,

both had forgotten the facts, and Randolph charged, and Henry in reply

admitted, that Philips had been executed under the bill of attainder

without trial. (Jefferson to Wirt, Oct. 14, 1814; _Works_: Ford, xi,

407.) The bill of attainder was drawn by Jefferson. It appears in _ib._,

ii, 330-36.

[1203] Again, Randolph's speech was marred by the note of personal

explanation that pervaded it. "The rectitude of my intentions";

"ambition and popularity are no objects with me"; "I expect, in the

course of a year, to retire to that private station which I most

sincerely and cordially prefer to all others,"--such expressions gave to

his otherwise aggressive and very able appeal a defensive tone.

[1204] Grigsby, i, 130. Madison's apparel at this Convention was as

ornate as his opinions were, in his opponents' eyes, "aristocratic."

[1205] Elliott, iii, 86. See entire speech, _ib._, 86-96.

[1206] Bushrod Washington to Washington, June 6, 1788; _Writings_:

Sparks, ix, 378. But Madison gave Henry an opening through which that

veteran orator drove like a troop of horse, as far as practical and

momentary effect was concerned. Madison described the new government as

partly National and partly Federal. (Elliott, iii, 94; and see Henry's

use of this, _ib._, 171; also _infra_.)

[1207] Elliott, iii, 97-103.

[1208] Elliott, iii, 104-14.

[1209] Elliott, iii, 114.

[1210] _Ib._, 114-28.

[1211] Madison was equaled only by Hamilton in sheer intellectuality,

but he was inferior to that colossus in courage and constructive genius.

[1212] _Ib._, 128-37.

[1213] Madison to Hamilton, June 9, 1788; Hamilton MSS., Lib. Cong.

Madison's four famous speeches in this Convention, are properly parts of

one comprehensive exposition. (See Madison's own notes for the third of

these speeches in _Writings_: Hunt, v, 148.) Mr. Hunt also prints

accurately Robertson's report of the speeches themselves in that volume.

They cannot be summarized here, but should be read in full.

[1214] See _supra_, footnote to 393.

[1215] Elliott, iii, 137-50.

The Life of John Marshall, Volume 1: Frontiersman, soldier, lawmaker, 1755-1788 · 第 10 / 12 章