The Life of John Marshall Volume I Part 51

[1228] Elliott, iii, 170-71. The reporter noted that "Mr. Henry in a very animated manner expatiated on the evil and pernicious tendency of keeping secret the common proceedings of government." (_Ib._, 170.)

[1229] Grigsby, i, footnote to 157.

[1230] Elliott, iii, 150-76.

[1231] Lee, while pretending to praise the militia, really condemned it severely; and cited the militia's panic and flight at Guilford Court-House, which lost the battle to the Americans. "Had the line been supported that day," said he, "Cornwallis, instead of surrendering at Yorktown, would have laid down his arms at Guilford." (Elliott, iii, 178.)

[1232] Randolph's letter explaining why he had refused to sign the Const.i.tution.

[1233] This was the only quarrel of the Convention which threatened serious results. A duel was narrowly averted. Colonel William Cabell, as Henry's friend, called on Randolph that night; but matters were arranged and the tense situation relieved when it was learned, next morning, that no duel would take place. (Grigsby, i, 162-65.)

[1234] Elliott, iii, 187-207.

[1235] Grigsby, i, 167-68.

[1236] Elliott, iii, 207-22.

[1237] "When any other member spoke, the members of the audience would, in half an hour, be going out or moving from their seats." (Winston to Wirt, quoted in Henry, ii, 347.) Henry spoke every day of the twenty-two days' debate, except five; and often spoke several times a day. (_Ib._, 350.)

[1238] Grigsby, i, 176.

[1239] Marshall's Account Book. The entry is: "[June] 2 Paid for coat for self 1." Two months earlier Marshall paid "for Nankin for breeches for self 1.16." (_Ib._, April 1, 1788.) Yet about the same time he spent one pound, nine s.h.i.+llings at a "barbecue."

[1240] Grigsby, i, 176.

[1241] Marshall had provided for entertaining during the Convention. His Account Book shows the following entry on May 8, 1788: "Paid McDonald for wine 20" (pounds); and "bottles 9/" (s.h.i.+llings). This was the largest quant.i.ty of wine Marshall had purchased up to that time.

[1242] Marshall's reputation for "eloquence" grew, as we shall see, until his monumental work on the Supreme Bench overshadowed his fame as a public speaker.

[1243] Elliott, iii, 222.

[1244] Marshall's idea was that government should be honest and efficient; a government by the people, whether good or bad, as a method of popular self-development and progress did not appeal to him as much as excellence in government.

[1245] Marshall here referred to the case of Josiah Philips, and fell into the same error as had Randolph, Henry, and others. (See _supra_, 393, footnote 1.)

[1246] Humphrey Marshall, i, 254. Humphrey Marshall finally voted for the Const.i.tution, against the wishes of his const.i.tuents. (Scott, 135-38.)

[1247] See vol. III of this work.

[1248] See entire speech in Elliott, iii, 223-36.

[1249] Some of the sentences used in this unprepared speech are similar to those found in the greatest of his opinions as Chief Justice. (See vol. III of this work.)

[1250] Grigsby, i, 183-85.

[1251] Elliott, iii, 236.

[1252] _Ib._, 236-47.

[1253] _Ib._, 247-62.

[1254] _Ib._, 254.

[1255] This caustic reference was to the members of the Convention who had been Tories. (Grigsby, i, 193; Elliott, iii, 269; also Rowland, ii, 240.) As we have seen most of the Tories and Revolutionary soldiers were united for the Const.i.tution. These former enemies were brought together by a common desire for a strong National Government.

[1256] Elliott, iii, 262-72.

[1257] _Ib._, 272-73.

[1258] Grigsby, i, 194-205. William Grayson was one of the strongest men in Virginia. He became Virginia's first Senator under the Const.i.tution.

(See _infra_, vol. II, chap. II.) He filled and satisfied the public eye of his day as a soldier, scholar, and statesman. And yet he has dropped out of history almost completely. He is one of those rare personalities whom the whims of time and events have so obscured that they are to be seen but dimly through the mists. His character and mind can be measured but vaguely by fragments buried in neglected pages. William Grayson's talents, work, and vanished fame remind one of the fine ability, and all but forgotten career of Sir James Mackintosh.

[1259] Elliott, iii, 279.

[1260] Elliott, iii, 273-93 (especial pa.s.sage, 280).

[1261] Elliott, iii, 293-305.

[1262] Elliott, iii, 319-22; and see chap. II, vol. II, of this work.

Although this, like other economic phases of the contest, was of immediate, practical and serious concern to the people, Henry touched upon it only twice thereafter and each time but briefly; and Mason mentioned it only once. This fact is another proof of the small place which this grave part of the economic problem occupied in the minds of the foes of the Const.i.tution, in comparison with that of "liberty" as endangered by a strong National Government.

[1263] Elliott, iii, 325. At this time the fears of the Anti-Const.i.tutionalists were princ.i.p.ally that the powers given the National Government would "swallow up" the State Governments; and it was not until long afterward that objection was made to the right and power of the National Supreme Court to declare a law of Congress unconst.i.tutional. (See vol. III of this work.)

[1264] _Ib._, 313-28.

[1265] _Ib._, 328-32.

[1266] _Ib._, 332-33.

[1267] Elliott, iii, 333-51.

[1268] Grigsby, i, 230 and 243.

[1269] _Ib._, 245; Elliott, iii, 251-56. This, the real vote-getting part of Henry's speech, is not reported by Robertson.

[1270] Grigsby, i, 245.

[1271] Elliott, iii, 356.

[1272] _Ib._, 361-65.

[1273] Grigsby, i, 248.

[1274] Elliott, iii, 366-410.

[1275] Gouverneur Morris from Richmond to Hamilton in New York, June 13, 1788; Hamilton MSS., Lib. Cong.

[1276] Madison to Hamilton, June 16, 1788; Hamilton MSS., Lib. Cong.