[Page 155]

June 12, 1844.--Judge Story has been lecturing for the last
week on the Constitution. I will set down the principal things
he mentions which I might otherwise forget.
He commenced with a short history of the Colonies, the Dec-
laration of Independence, and the adoption of the Confederation.
The Congress of 1776 assumed powers, for they had none con-
ferred on them by the people, which assumptions of power
were acquiesced in and thus ratified. Washington's commission
was granted, alliances formed, armies raised, debts contracted,
and other acts of sovereignty performed by this Congress with-
out a shadow of authority, till the adoption of the Confedera-
tion in 1781. The emergency required it.
The principal acts of the first congresses were done with Vir-
ginians for leaders, because that Massaachusetts, the other lead-
ing Colony, was so deeply and so immediately interested. Thus
Lee moved the resolution of Independence, Jefferson wrote the
Declaration, Washington led the armies. But John Adams car-
ried the measure by his boldness and energy. He never spoke
over twelve minutes; no one-hour rule was needed then. At
the time of the Declaration so doubtful were the members of
Congress of the people's acquiescence, that they took every means
of forestalling public opinion. And John Jay wrote to a friend:
"The measure is adopted. Build bonfires on the hills, have re-
joicings and assemblings that the public mind may be made
safe."
The Congress of 1777 issued paper money and sent a letter to
induce capitalists to take it, saying: "Money may take to itself
wings and fly away but the faith of a nation will remain."
To show the weakness of considerations of honor and duty
when opposed by interest, look at the unpaid officers and sol-
diers of the Revolution.
Again, under the Confederation, stay laws and all manner of
laws were passed; conflicting interests were too strong for state
pride. Marshall, Madison, P. Henry, and Washington were able
for eight years (1781-1789) to keep Virginia to the line of duty
by only a majority of one, two, or three in opposition to the
demagogues whose power consisted in appeals to the passions,
the distresses, etc., etc., of the people!
So strong was the feeling excited by the counter legislation
on the subject of imposts, that Massachusetts and Connecticut
seriously contemplated the conquest and division of Rhode Island
who allowed all articles to come in duty free.
The debates of the conventions of the States to ratify the
Constitution are in a great measure lost. The debates in Vir-
ginia were the best reported and the members of that convention
say they are very incorrect. In Massachusetts no reports worth
anything. The writings of those times are some of them to be
found in the American Museum, and the Federalist. "Greater
and purer men than its authors never lived." "I have heard
Samuel Dexter, John Marshall, and Chancellor Livingston say
that Hamilton's reach of thought was so far beyond theirs that
by his side they were schoolboys; rush tapers before the sun at
noonday."
ON THE BANK. Washington desired written arguments from
the members of his Cabinet. Jefferson and Randolph opposed by
reasons so cogent that Washington came to doubt. He sent for
Hamilton, told him the state of his mind. Hamilton was sur-
prised, said he had never dreamed of Washington's doubting;
that had he known that he would not have written his report and
recommended the course adopted. General Washington said he
had not doubted till he saw Jefferson's and Randolph's arguments;
and said he: "You must answer them, or I cannot sign the bill."
Hamilton went to Mr. Lewis, the first lawyer of Philadelphia,
who had no doubt of a bank's constitutionality, and asked him to
listen to his argument, tell him the errors, and add suggestions of
his own. They walked in Mr. Lewis's garden the whole after-
noon. Hamilton went over his whole argument and at sundown
of the seventh day after General Washington had received the
bill, they separated, satisfied that the argument was as strong as
possible. That evening, General Hamilton told his wife to give
him a cup of strong coffee, that he should not come to bed that
night as he was to write all night. That night he wrote the argu-
ment of eighty pages which contains all that has since been said,
or can be said, in favor of the constitutionality of a bank, and
it is unanswerable. All the departments of the Government
have acquiesced in the decision made by General Washington.
Mr. Madison regarded the question as settled in 1816. The
Supreme Court with a majority of Republican [now Democratic]
judges, Marshall delivering the opinion, unanimously decided its
constitutionality in the case of Maryland (and Ohio). [No.
The citation should be "McCulloch v. Maryland," the famous
case decided in 1919.]