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Friday, November 28, 2008

Reading List: Forgotten Founder, Drunken Prophet

Kauffman, Bill. Forgotten Founder, Drunken Prophet. Wilmington: ISI Books, 2008. ISBN 978-1-933859-73-6.
It is a cliché to observe that history is written by the victors, but rarely is it as evident as in the case of the drafting and ratification of the United States Constitution, where the proponents of a strong national government, some of whom, including Alexander Hamilton, wished to “annihilate the State distinctions and State operations” (p. 30), not only conducted the proceedings in secret, carefully managed the flow of information to the public, and concealed their nationalist, nay imperial, ambitions from the state conventions which were to vote on ratification. Indeed, just like modern-day collectivists in the U.S. who have purloined the word “liberal”, which used to mean a champion of individual freedom, the covert centralisers at the Constitutional Convention styled themselves “Federalists”, while promoting a supreme government which was anything but federal in nature. The genuine champions of a federal structure allowed themselves to be dubbed “Anti-Federalists” and, as always, were slandered as opposing “progress” (but toward what?). The Anti-Federalists counted among their ranks men such as Samuel Adams, Patrick Henry, George Mason, Samuel Chase, and Elbridge Gerry: these were not reactionary bumpkins but heroes, patriots, and intellectuals the equal of any of their opponents. And then there was Luther Martin, fervent Anti-Federalist and perhaps the least celebrated of the Founding Fathers.

Martin's long life was a study in contradictions. He was considered one of the most brilliant trial lawyers of his time, and yet his courtroom demeanour was universally described as long-winded, rambling, uncouth, and ungrammatical. He often appeared in court obviously inebriated, was slovenly in appearance and dress, when excited would flick spittle from his mouth, and let's not get into his table manners. At the Consitutional Convention he was a fierce opponent of the Virginia Plan which became the basis of the Constitution and, with Samuel Adams and Mason, urged the adoption of a Bill of Rights. He argued vehemently for the inclusion of an immediate ban on the importation of slaves and a plan to phase out slavery while, as of 1790, owning six slaves himself yet serving as Honorary-Counselor to a Maryland abolitionist society.

After the Constitution was adopted by the convention (Martin had walked out by the time and did not sign the document), he led the fight against its ratification by Maryland. Maryland ratified the Constitution over his opposition, but he did manage to make the ratification conditional upon the adoption of a Bill of Rights.

Martin was a man with larger than life passions. Although philosophically close to Thomas Jefferson in his view of government, he detested the man because he believed Jefferson had slandered one of his wife's ancestors as a murderer of Indians. When Jefferson became President, Martin the Anti-Federalist became Martin the ardent Federalist, bent on causing Jefferson as much anguish as possible. When a law student studying with him eloped with and married his daughter, Martin turned incandescent, wrote, and self-published a 163 page full-tilt tirade against the bounder titled Modern Gratitude.

Lest Martin come across as a kind of buffoon, bear in mind that after his singular performance at the Constitutional Convention, he went on to serve as Attorney General of the State of Maryland for thirty years (a tenure never equalled in all the years which followed), argued forty cases before the U.S. Supreme Court, and appeared for the defence in two of the epochal trials of early U.S. jurisprudence: the impeachment trial of Supreme Court Justice Samuel Chase before the U.S. Senate, and the treason trial of Aaron Burr—and won acquittals on both occasions.

The author is an unabashed libertarian, and considers Martin's diagnosis of how the Constitution would inevitably lead to the concentration of power in a Federal City (which his fellow Anti-Federalist George Clinton foresaw, “would be the asylum of the base, idle, avaricious, and ambitious” [p. xiii]) to the detriment of individual liberty as prescient. One wishes that Martin had been listened to, while sympathising with those who actually had to endure his speeches.

The author writes with an exuberantly vast vocabulary which probably would have sent the late William F. Buckley to the dictionary on several occasions: every few pages you come across a word like “roorback”, “eftsoons”, “sennight”, or “fleer”. For a complete list of those which stumped me, open the vault of the spoilers.

Spoiler warning: Plot and/or ending details follow.  
Here are the delightfully obscure words used in this book. To avoid typographic fussiness, I have not quoted them. Each is linked to its definition. Vocabulary ho!

malison, exordium, eristic, roorback, tertium quid, bibulosity, eftsoons, vendue, froward, pococurante, disprized, toper, cerecloth, sennight, valetudinarian, variorum, concinnity, plashing, ultimo, fleer, recusants, scrim, flagitious, indurated, truckling, linguacious, caducity, prepotency, natheless, dissentient, placemen, lenity, burke, plangency, roundelay, hymeneally, mesalliance, divagation, parti pris, anent, comminatory, descry, minatory
Spoilers end here.  

This is a wonderful little book which, if your view of the U.S. Constitution has been solely based on the propaganda of those who promulgated it, is an excellent and enjoyable antidote.

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