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قراءة كتاب The Life of John Marshall, Volume 1: Frontiersman, soldier, lawmaker, 1755-1788

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The Life of John Marshall, Volume 1: Frontiersman, soldier, lawmaker, 1755-1788

The Life of John Marshall, Volume 1: Frontiersman, soldier, lawmaker, 1755-1788

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دار النشر: Project Gutenberg
الصفحة رقم: 5

debated in the Virginia Convention—Notable ability of the leaders of both sides in the Virginia contest.

X. IN THE GREAT CONVENTION 357      Virginia the deciding State—Anxiety of Constitutionalists in other States—Hamilton writes Madison: "No hope unless Virginia ratifies"—Economic and political importance of Virginia—Extreme effort of both sides to elect members to the Convention—Preëlection methods of the Constitutionalists—They capture Randolph—Marshall elected from opposition constituency—Preëlection methods of Anti-Constitutionalists—The Convention meets—Neither side sure of a majority—Perfect discipline and astute Convention tactics of the Constitutionalists—They secure the two powerful offices of the Convention—The opposition have no plan of action—Description of George Mason—His grave error in parliamentary tactics—Constitutionalists take advantage of it: the Constitution to be debated clause by clause—Analysis of the opposing forces: an economic class struggle, Nationalism against provincialism—Henry tries to remedy Mason's mistake—Pendleton speaks and the debate begins—Nicholas speaks—His character and personal appearance—Patrick Henry secures the floor—Description of Henry—He attacks the Constitution: why "we the people instead of we the States"? Randolph replies—His manner and appearance—His support of the Constitution surprises the opposition—His speech—His about-face saves the Constitution—The Clinton letter: if Randolph discloses it the Anti-Constitutionalists will win—He keeps it from knowledge of the Convention—Decisive importance of Randolph's action—His change ascribed to improper motives—Mason answers Randolph and again makes tactical error—Madison fails to speak—Description of Edmund Pendleton—He addresses the Convention: "the war is between government and licentiousness"—"Light Horse Harry" Lee—The ermine and the sword—Henry secures the floor—His great speech: the Constitution "a revolution as radical as that which separated us from Great Britain"—The proposed National Government something foreign and monstrous—"This government is not a Virginian but an American government"—Marshall studies the arguments and methods of the debaters—Randolph answers Henry: "I am a child of the Revolution"—His error concerning Josiah Philips—His speech ineffective—Description of James Madison—He makes the first of his powerful expositions of the Constitution, but has little or no effect on the votes of the members—Speech of youthful Francis Corbin—Randolph's futile effort—Madison makes the second of his masterful speeches—Henry replies—His wonderful art—He attacks Randolph for his apostasy—He closes the first week's debate with the Convention under his spell. XI. THE SUPREME DEBATE 401      Political managers from other States appear—Gouverneur Morris and Robert Morris for the Constitutionalists and Eleazer Oswald for the opposition—Morris's letter: "depredations on my purse"—Grayson's letter: "our affairs suspended by a thread"—Opening second week of the debate—The New Academy crowded—Henry resumes his speech—Appeals to the Kentucky members, denounces secrecy of Federal Convention, attacks Nationalism—Lee criticizes lobbying "out of doors" and rebukes Henry—Randolph attacks Henry: "If our friendship must fall, let it fall like Lucifer, never to rise again"—Randolph challenges Henry: a duel narrowly averted—Personal appearance of James Monroe—He speaks for the Revolutionary soldiers against the Constitution and makes no impression—Marshall put forward by the Constitutionalists—Description of him: badly dressed, poetic-looking, "habits convivial almost to excess"—Best-liked man in the Convention; considered an orator—Marshall's speech: Constitutionalists the "firm friends of liberty"; "we, sir, idolize democracy"; only a National Government can promote the general welfare—Marshall's argument his first recorded expression on the Constitution—Most of speech on necessity of providing against war and inspired by his military experience—Description of Benjamin Harrison—Mason attacks power of National taxation and sneers at the "well-born"—He denounces Randolph—Lee answers with a show of anger—William Grayson secures the floor—His character, attainments, and appearance—His learned and witty speech: "We are too young to know what we are good for"—Pendleton answers: "government necessary to protect liberty"—Madison makes his fourth great argument—Henry replies: "the tyranny of Philadelphia [National Government] may be like the tyranny of George III, a horrid, wretched, dreadful picture"; Henry's vision of the West—Tremendous effect on the Convention—Letter of Gouverneur Morris to Hamilton describing the Convention—Madison's report to Hamilton and to Washington: "the business is in the most ticklish state that can be imagined"—Marshall speaks again—Military speech: "United we are strong, divided we fall"—Grayson answers Marshall—Mason and Henry refer to "vast speculations": "we may be taxed for centuries to give advantage to rapacious speculators"—Grayson's letter to Dane—The advantage with the Anti-Constitutionalists at the end of the second week. XII. THE STRATEGY OF VICTORY 444      The climax of the fight—The Judiciary the weakest point for the Constitutionalists—Reasons for this—Especially careful plans of the Constitutionalists for this part of the debate—Pendleton expounds the Judiciary clause—Mason attacks it—His charge as to secret purpose of many Constitutionalists—His extreme courtesy causes him again to make a tactical error—He refers to the Fairfax grant—A clever appeal to members from the Northern Neck—Madison's distinguished address—Henry answers Madison—His thrilling speech: "Old as I am, it is probable I may yet have the appellation of rebel. As to this government [the Constitution] I despise and abhor it"—Marshall takes the floor—Selected by the Constitutionalists to make the principal argument for the Judiciary clause—His speech prepared—The National Judiciary "will benefit collective Society"; National Courts will be as fair as State Courts; independence of judges necessary; if Congress should pass an unconstitutional law the National Courts "would declare it void"; they alone the only "protection from an infringement of the Constitution"; State courts "crowded with suits which the life of man will not see determined"; National Courts needed to relieve this congestion; under the Constitution, States cannot be sued in National Courts; the

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