Beacon Lights of History, Volume 11: American FoundersLord, John
History
Beacon Lights of History, Volume 11: American Founders
Lord, John
History; United States -- Biography
In the formation of the Constitution of the United States Marshall had
no hand; he was not a member of the convention by which it was framed;
but when it was submitted to the several States for their action, he
became a determined advocate of its adoption. In the Virginia
convention, which was called to act upon that question, the prospects of
a favorable decision seemed at first to be most unpromising. Among those
who opposed ratification we find the names of Henry, Mason, Grayson, and
Monroe, names which sufficiently attest that the opposition was one, not
of mere faction or obstruction, but of principle and patriotic feeling.
Henry, who had been one of the first in earlier days to sound the note
of revolution, saw in the proposed national government a portent to
popular liberties. In the office of President he perceived "the likeness
of a kingly crown." In the control of the purse and the sword, he
foresaw the extinction of freedom. In the power to make treaties, to
regulate commerce, and to adopt laws, he discerned an "ambuscade" in
which the rights of the States and of the people would be destroyed
unawares. To these alarming predictions the advocates of ratification
replied with strong and temperate reasoning, and, while Madison was
their leader, among those who won distinction in the contest stood
Marshall. He argued that the plan adopted by the Federal Convention
provided for a "regulated democracy," the only alternative to which was
despotism. He contended for the establishment of an efficient government
as the only means of assuring popular rights and the preservation of the
public faith, violations of which were constantly occurring under the
existing government. It is interesting to notice that, in replying to
the suggestion that the legislative power of the proposed government
would prove to be practically unlimited, he declared: "If they [the
United States] were to make a law not warranted by any of the powers
enumerated, it would be considered by the judges as an infringement of
the Constitution, which they are to guard against.... They would declare
it void." In the end the Convention ratified the Constitution by a
majority of ten votes, a result probably influenced by the circumstance
that it had then been accepted by nine States, and had thus by its terms
been established between the adhering commonwealths.
Public-domain text, read in full here on John Shaqi.
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