Friday, March 4, 2022

Luther Martin of Maryland & the Constitutional Convention

 From The Imaginative Conservative:

This book takes no prisoners. Nor does it gloss the favored actors. It sides with Martin’s stance at the 1787 Convention but does not disregard his faults. As for the usual suspects—Madison, Hamilton, Wilson, and Morris, Washington et al—Dr. Kauffman simply sets the record clear. The usual nomenclature is proven false. Madison was not the Father of the Constitution. He was severely blunted, just not decisively. Instead, a vaguely nationalist hybrid of Madison and Martin came about, absent all defining nomenclature, e.g. “national” or “federal.” It’s been a battle that in the countering of Time and despite Jefferson’s later intrusion, Madison has won. The inexorable excretions of human nature in the turmoil of political and commercial battle would finally yield what Madison, Wilson, Washington, and Hamilton wanted: A nationalized State dwarfing and dismissing the sovereignty of the individual States. Today’s Constitution, as it runs our government in the hands of national politicians and courts, is decisively Madison’s Constitution. His imperial twin pillars: 1) negating the sovereignty of the States and 2) negating State legislation by the national legislature (or courts, a later addendum), have come true. Only a modicum of sovereignty continues to reside in the States.

Yet Madison has come down to us honored as if he were true to the Virginia School of subsidiarity and personal sovereignty. In fact, he wasn’t. Not in 1787. Nor were many Southern leaders at the ’87 convention. The True Federalists like Martin, Gerry, Mason, and Yates sailed into a gale storm that was prepared to meet them. The 1776 spirit for liberty was waning and an aristocratic yearning for strong government had risen. Washington, presiding as President of the ’87 Convention, wrote to Hamilton on July 10: “The Men who oppose a strong & energetic government are, in my opinion, narrow minded politicians, or are under the influence of local views.” And he was true to his word.

When George Mason refused to sign the Constitution, he became Washington’s “quondam friend” as in “once, long ago and gone”—then he slipped out from history. They never met again. Two years after the Convention, Mason wrote his son John on business in Bordeaux, France, about the loss of Washington’s friendship. “You know the friendship which has so long existed (indeed from our early youth) between General Washington and myself. I believe there are few men in whom he placed greater confidence; but it is possible my opposition to the new government, both as a member of the national and of the Virginia Convention may have altered the case.”

Yet Mason is the friend who lent Washington the cash to attend the Convention to begin with, the friend from childhood who stood by him through the trials of early manhood, the trials of the revolution, who visited with him along the banks of the Potomac to enjoy the Seasons of the year, discuss the newest methods of agriculture and the intricacies of property law since Mason, though untrained as a lawyer, had taught himself those intricacies with such thoroughness that scarcely anyone in the Colonies knew more; he was the friend who planned with him the needed efforts for liberty from the British Crown, who gave to their Virginia its eternal Bill of Rights and through Jefferson, America’s Declaration—that “quondam” friend!

Do we really understand the “Fathers” of today’s nationalized country? Their aristocratic sniff of disdain for those who disagreed and stood firm against their new “union”? (Read more.)


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