Albert Beveridge - The Life of John Marshall (Volume 2 of 4)

His first opinions of the Constitution were, as we have seen, unfavorable. But after he had learned that the new Government was to be a fact, Jefferson wrote Washington: "I have seen with infinite pleasure our new constitution accepted." Careful study had taught him, he said, "that circumstances may arise, and probably will arise, wherein all the resources of taxation will be necessary for the safety of the state." He saw probability of war which "requires every resource of taxation & credit." He thought that "the power of making war often prevents it." 101 101 Jefferson to Washington, Paris, Dec. 4, 1788; Works : Ford, v, 437-38. Compare with Jefferson's statements when the fight was on against ratifying the Constitution. (See vol. i, chap. viii; also Jefferson to Humphreys, Paris, March 18, 1789; Works : Ford, v, 470.)

Thus Jefferson could be quoted on both sides and claimed by neither or by both. But, because of his absence in France and of the reports he had received from the then extreme Nationalist, Madison, he had not yet apprehended the people's animosity to National rule. Upon his arrival in Virginia, however, he discovered that "Antifederalism is not yet dead in this country." 102 102 Jefferson to Short, Dec. 14, 1789; Works : Ford, vi, 24. That much, indeed, was clear at first sight. The Legislature of Virginia, which met three months after her Convention had ratified the Constitution, was determined to undo that work, as Madison had foreseen. 103 103 The Legislature which met on the heels of the Virginia Constitutional Convention hastened to adjourn in order that its members might attend to their harvesting. (Monroe to Jefferson, July 12, 1788; Monroe's Writings : Hamilton, i, 188.) But at its autumn session, it made up for lost time in its practical display of antagonism to the Nationalist movement.

John Marshall

From a painting by E. F. Petticolas

That body was militantly against the new Government as it stood. "The conflict between the powers of the general and state governments was coeval with those governments," declares Marshall. "The old line of division was still as strongly marked as ever." The enemies of National power thought that "liberty could be endangered only by encroachments upon the states; and that it was the great duty of patriotism to restrain the powers of the general government within the narrowest possible limits." On the other hand, the Nationalists, says Marshall, "sincerely believed that the real danger which threatened the republic was to be looked for in the undue ascendency of the states." 104 104 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.

Patrick Henry was supreme in the House of Delegates. Washington was vastly concerned at the prospect. He feared that the enemies of Nationalism would control the State Legislature and that it would respond to New York's appeal for a new Federal Constitutional Convention. He was "particularly alarmed" that the General Assembly would elect Senators "entirely anti-Federal." 105 105 Carrington to Madison, Oct. 19, 1788; quoted in Henry, ii, 415. His apprehension was justified. Hardly a week passed after the House convened until it passed resolutions, drawn by Henry, 106 106 Ib. , 416-18. to answer Clinton's letter, to ask Congress to call a new Federal Convention, and to coöperate with other States in that business.

In vain did the Nationalist members strive to soften this resolution. An amendment which went so far as to request Congress to recommend to the several States "the ratification of a bill of rights" and of the twenty amendments proposed by the Virginia Convention, was defeated by a majority of 46 out of a total vote of 124. 107 107 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. Swiftly and without mercy the triumphant opposition struck its next blow. Washington had urged Madison to stand for the Senate, 108 108 Carrington to Madison, Oct. 19, 1788; quoted in Henry, ii, 415. and the Nationalists exerted themselves to elect him. Madison wrote cleverly in his own behalf. 109 109 Madison to Randolph, Oct. 17, 1788; to Pendleton, Oct. 20, 1788; Writings : Hunt, v, 269-79. But he had no hope of success because it was "certain that a clear majority of the assembly are enemies to the Gov ṭ." 110 110 Madison to Randolph, Nov. 2, 1788; Writings : Hunt, v, 296. Madison was still the ultra-Nationalist, who, five years earlier, had wanted the National Government to have an absolute veto on every State law. 111 111 See vol. i of this work.

Henry delivered "a tremendous philippic" against Madison as soon as his name was placed before the General Assembly. 112 112 Henry, ii, 427; see also Scott, 172. Madison was badly beaten, and Richard Henry Lee and William Grayson were chosen as the first Senators from Virginia under the new National Government. 113 113 Journal, H.D. (Nov. 8, 1788), 32; see also Conway, 120; and Henry, ii, 427-28. The defeated champion of the Constitution attributed Henry's attack and his own misfortune to his Nationalist principles: Henry's "enmity was levelled … ag stthe whole system ; and the destruction of the whole system, I take to be the secret wish of his heart." 114 114 Madison to Randolph, Nov. 2, 1788; Writings : Hunt, v, 295.

In such fashion did Madison receive his first chastisement for his Nationalist views and labors. He required no further discipline of a kind so rough and humiliating; and he sought and secured election to the National House of Representatives, 115 115 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 assurances 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.) with opinions much subdued and his whole being made pliant for the wizard who so soon was to invoke his spell over that master mind.

Though Marshall was not in the Virginia Legislature at that session, it is certain that he worked with its members for Madison's election as Senator. But even Marshall's persuasiveness was unavailing. "Nothing," wrote Randolph to Madison, "is left undone which can tend to the subversion of the new government." 116 116 Randolph to Madison, Nov. 10, 1788; Conway, 121.

Hard upon its defeat of Madison the Legislature adopted an ominous address to Congress. "The sooner … the [National] government is possessed of the confidence of the people … the longer its duration " – such was the language and spirit of Virginia's message to the lawmakers of the Nation, even before they had assembled. 117 117 Journal, H.D. (Nov. 14, 1788), 42-44. Also see Annals , 1st Cong., 1st Sess., 259. The desperate Nationalists sought to break the force of this blow. They proposed a substitute which even suggested that the widely demanded new Federal Convention should be called by Congress if that body thought best. But all to no purpose. Their solemn 118 118 The Nationalist substitute is pathetic in its apprehensive tone. It closes with a prayer "that Almighty God 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.) amendment was beaten by a majority of 22 out of a total vote of 122. 119 119 Ib. , 44.