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diff --git a/40400-8.txt b/40400-8.txt deleted file mode 100644 index 62cecac..0000000 --- a/40400-8.txt +++ /dev/null @@ -1,17463 +0,0 @@ -The Project Gutenberg EBook of History of the Origin, Formation, and -Adoption of the Constitution of the United States, Vol. 1, by George Ticknor Curtis - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org - - -Title: History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1 - With Notices of its Principle Framers - -Author: George Ticknor Curtis - -Release Date: August 3, 2012 [EBook #40400] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK CONSTITUTION OF THE UNITED STATES *** - - - - -Produced by Curtis Weyant, JoAnn Greenwood, and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by the Posner Memorial Collection -(http://posner.library.cmu.edu/Posner/)) - - - - - - - - - - HISTORY - - OF THE - - ORIGIN, FORMATION, AND ADOPTION - - OF THE - - CONSTITUTION OF THE UNITED STATES; - - WITH - - NOTICES OF ITS PRINCIPAL FRAMERS. - - - BY - GEORGE TICKNOR CURTIS. - - - IN TWO VOLUMES. - - VOLUME I. - - - NEW YORK: - HARPER AND BROTHERS, - FRANKLIN SQUARE. - 1854. - - - - - Entered according to Act of Congress, in the year 1854, by - - GEORGE T. CURTIS, - - in the Clerk's Office of the District Court of the District of - Massachusetts - - - - - TO - - GEORGE TICKNOR, ESQ., - THE HISTORIAN OF SPANISH LITERATURE, - - - BY WHOSE ACCURATE SCHOLARSHIP AND CAREFUL CRITICISM - THESE PAGES HAVE LARGELY PROFITED, - - I DEDICATE THIS WORK, - - IN AFFECTIONATE ACKNOWLEDGMENT OF TIES, - WHICH HAVE BEEN TO ME CONSTANT SOURCES OF HAPPINESS - THROUGH MY WHOLE LIFE. - - - - -PREFACE. - - -A special history of the origin and establishment of the Constitution of -the United States has not yet found a place in our national literature. - -Many years ago, I formed the design of writing such a work, for the -purpose of exhibiting the deep causes which at once rendered the -Convention of 1787 inevitable, and controlled or directed its course and -decisions; the mode in which its great work was accomplished; and the -foundations on which our national liberty and prosperity were then -deliberately settled by the statesmen to whom the American Revolution -gave birth, and on which they have rested ever since. - -In the prosecution of this purpose I had, until death terminated his -earthly interests, the encouragement and countenance of that illustrious -person, whose relation to the Constitution of the United States, during -the last forty years, has been not inferior in importance to that of -any of its founders during the preceding period. - -Mr. Webster had for a long time the intention of writing a work which -should display the remarkable state of affairs under whose influence the -Constitution was first brought into practical application; and this -design he relinquished only when all the remaining plans of his life -were surrendered with the solemn and religious resignation that marked -its close. It was known to him that I had begun to labor upon another -branch of the same subject. In the spring of 1852 I wrote to him to -explain the plan of my work, and to ask him for a copy of some remarks -made by his father in the Convention of New Hampshire when the -Constitution was ratified by that State. I received from him the -following answer. - - "WASHINGTON, March 7th, [1852]. - -"MY DEAR SIR,-- - -"I will try to find for you my father's speech, as it was collected from -tradition and published some years ago. If I live to see warm weather in -Marshfield, I shall be glad to see you beneath its shades, and to talk -of your book. - -"You are probably aware that I have meditated the writing of something -upon the History of the Constitution and the Administration of -Washington. I have the plan of such a work pretty definitely arranged, -but whether I shall ever be able to execute it I cannot say:--'the wills -above be done.' - - "Yours most truly, - - "DANL. WEBSTER." - -Regarding this kind and gracious intimation as a wish not to be -anticipated in any part of the field which he had marked out for -himself, I replied, that if, when I should have the pleasure of seeing -him, my work should seem to involve any material part of the subject -which he had comprehended within his own plan, I should of course -relinquish it at once. When, however, the period of that summer's -leisure arrived, and brought with it, to his watchful observation, so -many tokens that "the night cometh," he seemed anxious to impress upon -me the importance of the task I had undertaken, and to remove any -obstacle to its fulfilment that he might have suggested. Being with him -alone, on an occasion when his physician, after a long consultation, had -just left him, he said to me, with an earnestness and solemnity that can -never be described or forgotten: "_You_ have a future; _I_ have none. -You are writing a History of the Constitution. _You_ will write that -work; _I_ shall not. Go on, by all means, and you shall have every aid -that I can give you." - -The event of which these words were ominous was then only four weeks -distant. Many times, during those short remaining weeks, I sought "the -shades of Marshfield"; but now it was for the offices and duties, not -for the advantages, of friendship;--and no part of my work was ever -submitted to him to whose approbation, sympathy, and aid I had so long -looked forward, as to its most important stimulus and its most -appropriate reward. - -But the solemn injunction which I had received became to me an -ever-present admonition, and gave me--if I may make such a -profession--the needful fidelity to my great subject. Whatever may be -thought of the manner in which it has been treated, a consciousness that -the impartial spirit of History has guided me will remain, after every -ordeal of criticism shall have been passed. - -And here, while memories of the earlier as well as of the later lost -crowd upon me with my theme, I cannot but think of him, jurist and -magistrate, friend of my younger as well as riper years, who was called -from all human sympathies before I had conceived the undertaking which I -have now completed. Fortunate shall I be, if to those in whom his blood -flows united with mine I can transmit a work that may be permitted to -stand near that noble Commentary, which is known and honored wherever -the Constitution of the United States bears sway. - -The plan of this work is easily explained. The first volume embraces the -Constitutional History of the United States from the commencement of the -Revolution to the assembling of the Convention of 1787, together with -some notices of the principal members of that body. The second volume is -devoted to the description of the process of forming the Constitution, -in which I have mainly followed, of course, the ample Record of the -Debates preserved by Mr. Madison, and the official Journal of the -proceedings.[1] - -The period of our history from the commencement of the Revolution to the -beginning of Washington's administration is the period when our State -and national institutions were formed. With the events of the -Revolution, its causes, its progress, its military history, and its -results, the people of this country have long been familiar. But the -constitutional history of the United States has not been written, and -few persons have made themselves accurately acquainted with its details. -How the Constitution of the United States came to be formed; from what -circumstances it arose; what its relations were to institutions -previously existing in the country; what necessities it satisfied; and -what was its adaptation to the situation of these States,--are all -points of the gravest importance to the American people, and all of them -require to be distinctly stated for their permanent welfare. - -For the history of this Constitution is not like the history of a -monarchy, in which some things are obsolete, while some are of present -importance. The Constitution of the United States is a living code, for -the perpetuation of a system of free government, which the people of -each succeeding generation must administer for themselves. Every line of -it is as operative and as binding to-day as it was when the government -was first set in motion by its provisions, and no part of it can fall -into neglect or decay while that government continues to exist. - -The Constitution of the United States was the means by which republican -liberty was saved from the consequences of impending anarchy; it secured -that liberty to posterity, and it left it to depend on their fidelity to -the Union. It is morally certain that the formation of some general -government, stronger and more efficient than any which had existed since -the independence of the States had been declared, had become necessary -to the continued existence of the Confederacy. It is equally certain, -that, without the preservation of the Union, a condition of things must -at once have ensued, out of which wars between the various provinces of -America must have grown. The alternatives, therefore, that presented -themselves to the generation by whom the Constitution was established, -were either to devise a system of republican government that would -answer the great purposes of a lasting union, or to resort to something -in the nature of monarchy. With the latter, the institutions of the -States must have been sooner or later crushed;--for they must either -have crumbled away in the new combinations and fearful convulsions that -would have preceded the establishment of such a power, or else they must -have fallen speedily after its triumph had been settled. With the former -alternative, the preservation of the States, and of all the needful -institutions which marked their separate existence, though a difficult, -was yet a possible result. - -To this preservation of the separate States we owe that power of minute -local administration, which is so prominent and important a feature of -our American liberty. To this we are indebted for those principles of -self-government which place their own interests in the hands of the -people of every distinct community, and which enable them, by means of -their own laws, to defend their own particular institutions against -encroachments from without. - -Finally, the Constitution of the United States made the people of these -several provinces one nation, and gave them a standing among the nations -of the world. Let any man compare the condition of this country at the -peace of 1783, and during the four years which followed that event, with -its present position, and he will see that he must look to some other -cause than its merely natural and material resources to account for the -proud elevation which it has now reached. - -He will see a people ascending, in the comparatively short period of -seventy years, from an attitude in which scarcely any nation thought it -worth while to treat with them, to a place among the four principal -powers of the globe. He will see a nation, once of so little account and -so little strength that the corsairs of the Mediterranean could prey -unchecked upon its defenceless merchantmen, now opening to their -commerce, by its overawing diplomacy and influence, an ancient empire, -on the opposite side of the earth we inhabit, which has for countless -ages been firmly closed against the whole world. He will first see a -collection of thirteen feeble republics on the eastern coast of North -America, inflicting upon each other the manifold injuries of rival and -hostile legislation; and then again he will behold them grown to be a -powerful confederacy of more than thirty States, stretching from the -Atlantic to the Pacific, with all their commercial interests blended and -harmonized by one superintending legislature, and protected by one -central and preponderating power. He will see a people who had at first -achieved nothing but independence, and had contributed nothing to the -cause of free government but the example of their determination to -enjoy it, founding institutions to which mankind may look for hope, for -encouragement and light. He will see the arts of peace--commerce, -agriculture, manufactures, jurisprudence, letters--now languishing -beneath a civil polity inadequate and incompetent, and now expanding -through a continent with an energy and force unexampled in the history -of our race,--subduing the farthest recesses of nature, and filling the -wilderness with the beneficent fruits of civilization and Christianity. - -Surveying all this,--looking back to the period which is removed from -him only by the span of one mortal life, and looking around and before -him, he will see, that among the causes of this unequalled growth stands -prominent and decisive, far over all other human agencies, the great -code of civil government which the fathers of our republic wrought out -from the very perils by which they were surrounded. - -It is for the purpose of tracing the history of the period in which -those perils were encountered and overcome, that I have written this -work. But in doing it, I have sought to write as an American. For it is, -I trust, impossible to study the history of the Constitution which has -made us what we are, by making us one nation, without feeling how -unworthy of the subject--how unworthy of the dignity of History--would -be any attempt to claim more than their just share of merit and renown -for names or places endeared to us by local feeling or traditionary -attachment. Historical writing that is not just, that is not impartial, -that is not fearless,--looking beyond the interests of neighborhood, the -claims of party, or the solicitations of pride,--is worse than useless -to mankind. - -BOSTON, July, 1854. - -FOOTNOTE: - -[1] In citing the "Madison Papers," I have constantly referred to the -edition contained in the fifth (supplementary) volume of Mr. Jonathan -Elliot's "Debates," &c., because it is more accessible to general -readers. The accuracy of that publication, and its full and admirable -Index, make it a very important volume to be consulted in connection -with the subject of this work. In this relation, I may suggest the -desirableness of a new and carefully revised edition of the Journals of -the old Congress;--an enterprise that should be the care of the national -government. A great magazine of materials for our national history, from -the first Continental Congress to the adoption of the Constitution, -exists in those Journals. - - - - -CONTENTS - -OF - -VOLUME FIRST. - - -BOOK I. - - THE CONSTITUTIONAL HISTORY OF THE UNITED STATES, FROM THE - COMMENCEMENT OF THE REVOLUTION TO THE ADOPTION OF THE - ARTICLES OF CONFEDERATION. - - -CHAPTER I. - -1774-1775. - - ORGANIZATION OF THE FIRST CONTINENTAL CONGRESS.--ORIGIN OF - THE UNION.--SITUATION OF THE COLONIES BEFORE THE REVOLUTION. - - Page - - Political Organizations of the Colonies 3 - - Provincial Governments 4 - - Proprietary Governments 5 - - Charter Governments 5 - - Causes of the Revolution 6 - - Local Legislatures 7 - - Power of the Colonies to unite, asserted by the Revolution 8 - - Reasons why they were enabled to effect the Union 8 - - A General Congress 10 - - First Step towards it 11 - - Assembling of the Congress 13 - - Delegates 14 - - Method of Voting 15 - - Rights of the Colonies 16 - - Separation from Great Britain not contemplated 18 - - Relations of the Congress to the Country 19 - - Authority of Parliament 20 - - Declaration of Rights 22 - - Cessation of Exports and Imports 23 - - Another Congress proposed 25 - - Royal Government terminated in Massachusetts 25 - - Provincial Congress of Massachusetts 26 - - Battle of Lexington 27 - - -CHAPTER II. - -1775-1776. - - THE SECOND CONTINENTAL CONGRESS.--FORMATION AND CHARACTER OF - THE REVOLUTIONARY GOVERNMENT.--APPOINTMENT OF A - COMMANDER-IN-CHIEF.--FIRST ARMY OF THE REVOLUTION. - - New Continental Congress 28 - - Delegates 29 - - Colonies represented 29 - - Duration of this Congress 30 - - War commenced 31 - - Massachusetts and New York apply to the Congress for Direction - and Assistance 31 - - The Congress proceeds to put the Country into a State of - Defence 32 - - American Continental Army created 32 - - Washington chosen Commander-in-Chief 33 - - Measures to defray the Expenses of War 34 - - Treasury Department established 35 - - General Post-office organized 35 - - Militia 35 - - Relations with Indian Tribes 35 - - Royalists 36 - - The Congress advise Provisional Governments 37 - - Separation from England determined upon 38 - - Suppression of the Royal Authority 39 - - National Union formed before the State Governments 39 - - The Revolutionary Government 40 - - Note on Washington's Appointment as Commander-in-Chief 41 - - -CHAPTER III. - -1776-1777. - - CONTINUANCE OF THE REVOLUTIONARY GOVERNMENT.--DECLARATION OF - INDEPENDENCE.--PREPARATIONS FOR A NEW GOVERNMENT.--FORMATION - OF THE CONTINENTAL ARMY. - - Independence proposed 49 - - Committee to prepare the Declaration 50 - - Instructions to the Delegates 51 - - Declaration adopted 51 - - Consequences of its Adoption 51 - - The Title "United States of America" first used 52 - - Articles of Confederation proposed 53 - - The Revolutionary Congress, the Real Government 54 - - Power of the Congress 55 - - General Washington's Position 55 - - Difficulties which he had to encounter 56 - - Machinery of Government defective 57 - - Formation of the Army 58 - - Remodelling of the Army 59 - - Difficulties attending it 59 - - Committee appointed to confer with General Washington 60 - - Error of Short Enlistments 60 - - Washington does not concur in their Expediency 60 - - Powers of the National Government 62 - - Difficulties attending their Exercise 63 - - Popular Feeling about the Grievances 64 - - Tories 65 - - Officers of the Royal Government in New Hampshire seized 66 - - General Lee's Offer to seize the Tories of New York 66 - - He prepares to defend New York 67 - - Orders to disarm the Tories in Queen's County 68 - - Orders countermanded 68 - - Washington's Regret 69 - - His Directions to Lee 70 - - Tories of Queen's County arrested 71 - - Inhabitants of New York alarmed 71 - - Congress compelled to submit the Subject to the Colonial - Authorities 72 - - Questions of Prize 73 - - Origin of the American Navy 73 - - Vessels fitted out to intercept the Enemy's Supplies 73 - - Falmouth burned 74 - - Letters of Marque and Reprisal 75 - - Prizes captured 75 - - Adjudication of Prizes 76 - - Delay in obtaining Decisions 77 - - Means of defraying the Public Expenses 77 - - Paper Money issued 78 - - Delay in Signing the Bills 79 - - Pressing Wants of the Army 79 - - Washington borrows Money of the Province of Massachusetts - Bay 80 - - Defects of the Revolutionary Government 80 - - Jealousy of Standing Armies 80 - - Note on the Authorship of the Declaration of Independence 81 - - -CHAPTER IV. - -JULY, 1776-NOVEMBER, 1777. - - CONSEQUENCES OF THE DECLARATION OF - INDEPENDENCE.--REORGANIZATION OF THE CONTINENTAL - ARMY.--FLIGHT OF THE CONGRESS FROM PHILADELPHIA.--PLAN OF THE - CONFEDERATION PROPOSED. - - Effect of the Declaration of Independence 89 - - More vigorous and decisive Measures adopted by the Congress 90 - - Mischievous Adhesion to State Interests 90 - - History of the Army 91 - - General Washington abandons the City of New York 91 - - Writes to the President of Congress 91 - - He retreats to the Heights of Haerlem, and again appeals to - Congress 92 - - The Congress organizes a new Army 92 - - Number of Battalions raised by each State 93 - - Inducements to enlist 93 - - Serious Defects in the Plan 93 - - Washington suggests a Remedy 94 - - Promotion of the Officers provided for 95 - - Another Defect in the Plan 95 - - Massachusetts and Connecticut offer further Pay to their Men 95 - - Washington remonstrates 96 - - Congress augments the Pay of the Army 96 - - Ill Effects of the System 96 - - Number of the American Forces near New York 96 - - Washington's Discouragement 97 - - His Situation and Trials 97 - - His Retreat through New Jersey 98 - - Loss of Philadelphia threatened 99 - - Washington asks for Extraordinary Powers from the Congress 100 - - Powers intrusted to him 100 - - Unsettled Condition of the Political System 101 - - The Congress apologizes to the Governors of the States 102 - - Inaccuracy of their Position 103 - - The States acquiesce in the Powers granted to Washington 104 - - Articles of Confederation pending in Congress 104 - - Eminent Men retire from Congress 104 - - Delegations of the States renewed 105 - - Striking Instance of State Jealousy 106 - - Washington requires an Oath of Allegiance to the United - States 107 - - The Requisition denounced as improper 107 - - Its Propriety 108 - - Formation of a new Army 110 - - Embarrassments in the Formation of the Army 110 - - Persistence of the States in giving Extra Bounties 110 - - Bounty offered by Massachusetts 111 - - Army greatly reduced 111 - - Washington hindered in his Efforts to plan and carry out a - Campaign 112 - - Applications for Troops to defend particular Neighborhoods 112 - - Battle of the Brandywine 113 - - The Congress leaves Philadelphia 113 - - Sir William Howe takes Possession of it 113 - - The Congress removes to Yorktown 113 - - They resolve to consider the Articles of Confederation 114 - - The Plan of a Confederacy submitted to the several - Legislatures 114 - - Necessity for a National Government 114 - - End of the Revolutionary Government approaching 115 - - Want of a Civil Executive 115 - - States engaged in forming Governments 116 - - Colonies accustomed to the Business of Government 116 - - Practice of Representation familiar 117 - - Previous Political Training of the People 118 - - Distinctions between the Departments of Government 119 - - Ideas not yet applied to a General Government 120 - - Union of the People of the United States, as distinguished - from a Union of the States, learned by a bitter Experience 122 - - First Stage in the Constitutional History of the Country 123 - - -CHAPTER V. - -NOVEMBER, 1777-MARCH, 1781. - - ADOPTION OF THE ARTICLES OF CONFEDERATION.--CESSIONS OF - WESTERN TERRITORY.--FIRST POLITICAL UNION OF THE STATES. - - Adoption of the Articles of Confederation 124 - - Causes which delayed the Adoption of the Confederation 125 - - Changes of the Members of Congress 126 - - The present Congress compared with that of 1776 127 - - Objections made to the Articles of Confederation 128 - - Propositions for Amendments rejected 129 - - Objection made by the State of New Jersey 129 - - Their Suggestion rejected 130 - - Claims of the Larger States to Vacant Lands 131 - - Objection of the Smaller States 131 - - Assent of Maryland to the Confederation withheld 133 - - New York authorizes its Delegates in Congress to limit the - Western Boundaries of the State 134 - - Congress urges other States to surrender a Portion of their - Claims 134 - - Generous Example of New Jersey 135 - - Delaware follows it 135 - - Maryland adopts the Articles of Confederation 136 - - Virginia yields her Claim to some of her Territory 137 - - Progress of the People of the United States towards a - National Character 139 - - Security against a Dissolution of the Confederacy 140 - - -CHAPTER VI. - - NATURE AND POWERS OF THE CONFEDERATION. - - Nature of the Government established by the Confederation 142 - - Provisions in the Confederation for the States as separate - Communities 143 - - Form of Government established by it 143 - - The Confederation a League for Mutual Defence and Protection 144 - - Powers of Congress with regard to the External Relations of - the Country 144 - - Powers of Congress with regard to Internal Affairs 145 - - Committee of the States to sit in the Recess of Congress 146 - - Restrictions imposed upon Congress 146 - - Revenues of the Country 147 - - No Provision for enforcing Measures adopted by Congress 148 - - The United States enter upon a New Era of Civil Polity 149 - - The Confederation demonstrates the Necessity for a more - perfect Union 149 - - - - -BOOK II. - - THE CONSTITUTIONAL HISTORY OF THE UNITED STATES, FROM THE - ADOPTION OF THE ARTICLES OF CONFEDERATION, IN 1781, TO THE - PEACE OF 1783. - - -CHAPTER I. - -1781-1783. - - REQUISITIONS.--CLAIMS OF THE ARMY.--NEWBURGH - ADDRESSES.--PEACE PROCLAIMED.--THE ARMY DISBANDED. - - Congress assembles under the Confederation 155 - - Treaty of Peace signed 155 - - Treaty of Alliance with France 156 - - Delay of the States in complying with the Requisitions of - Congress 156 - - Washington addresses Letters to the States on the Subject of - Finance, and completing their Quotas of Troops 157 - - Force of the Army 158 - - Discontents in the Army 158 - - The Newburgh Addresses 159 - - Congress votes an Establishment of Half-Pay for the Officers 160 - - Impracticable Adherence to the Principles of Civil Liberty 161 - - Provision for the Officers found to be inadequate 162 - - Congress recommends to the States to make Provision for the - Officers and Soldiers 162 - - Pennsylvania places her Officers upon Half-Pay for Life 163 - - Congress pass a Resolve giving Half-Pay for Life to the - Officers 163 - - Disappointment of the Officers 164 - - The Congress of the Confederation refuse to redeem the Pledge - of the Revolutionary Congress 164 - - Officers offer to commute the Half-Pay for Life 165 - - Breach of Public Faith 166 - - Situation of Washington 167 - - Anonymous Address circulated among the Officers at Newburgh 168 - - Washington forbids an Assemblage at the Call of an Anonymous - Paper 168 - - He appoints a Day to hear the Report of their Committee 168 - - The Officers again refer their Claims to the Consideration of - Congress 169 - - Half-Pay commuted to Five Years' Full Pay 170 - - The Army disbanded 170 - - Value of the Votes which fixed the Compensation of the - Officers 171 - -CHAPTER II. - -1781-1783. - - FINANCIAL DIFFICULTIES OF THE CONFEDERATION.--REVOLUTIONARY - DEBT.--REVENUE SYSTEM OF 1783. - - Public Debt of the United States 172 - - Congress recommend a Duty upon Importations 173 - - Office of Superintendent of Finance established 174 - - Rhode Island refuses to grant to Congress the Power of Levying - Duties 174 - - Virginia repeals the Act by which she had granted this Power - to Congress 175 - - No Means of paying the Public Debts 175 - - Another Plan for collecting Revenues recommended to the - States 176 - - Strong Appeal to the People in Favor of it 177 - - Claims of the various Classes of the Public Creditors 178 - - Character of the United States involved 179 - - The Confederation a Government for Purposes of War 181 - - Its Great Defects 181 - - The Moral Feelings an Unsafe Reliance for the Operations of - Government 183 - - Proofs of this in the History of the Confederation 184 - - Design of the Framers of the Revenue System 185 - - Claims of the Army 186 - - Wisdom of proposing a Scheme of Finance during the Continuance - of the War 186 - - Influence of the Revenue System of 1783 188 - - The System of 1783 different from the Present Constitution 188 - - Note on the Half-Pay for the Officers of the Revolution 190 - - Note on the Newburgh Addresses 194 - - -CHAPTER III. - -1781-1783. - - OPINIONS AND EFFORTS OF WASHINGTON, AND OF HAMILTON.--DECLINE - OF THE CONFEDERATION. - - Washington's Relations to the People of this Country 200 - - His Address to them on resigning his Office 201 - - His Views at the Close of the War 202 - - Hamilton's Opinions 203 - - His Advice and Suggestions 204 - - The Necessity for a Complete Sovereignty in Congress 204 - - Hamilton's Entry into Congress 206 - - Nature of a Federal Constitution not understood 206 - - Hamilton urges the Necessity of vesting the Appointment of - Collectors of Revenue in the General Government 208 - - Ratio of Contribution by the States to the Treasury uncertain 210 - - Hamilton desires to change the Principle of the Confederation 211 - - Advises General Taxes to be collected under Continental - Authority 212 - - An Attempt to substitute Specific Taxes on Land and Houses 212 - - It is determined to adopt Population as the Basis of - Contribution 213 - - Hamilton's Views on a Peace Establishment 214 - - Committee to arrange the Details of such a System 215 - - An Army and Navy necessary 216 - - No Provision in the Articles of Confederation for their - Maintenance during Peace 216 - - Hamilton advises Federal Provision for Defence 219 - - Congress driven from Philadelphia 220 - - Hamilton examines the Confederation 221 - - Its Defects 222, 223 - - He proposes to revise it 224 - - His Plan unsuccessful 224 - - Improvement in the Revenue System 225 - - Causes of the Decline of a National Spirit 226 - - Falling off in the Attendance of Members of Congress 226 - - Results of the Confederation 228 - - Its Defects displayed 229 - - Another Government necessary for the great Duties of Peace 230 - - - - -BOOK III. - - THE CONSTITUTIONAL HISTORY OF THE UNITED STATES, FROM THE - PEACE OF 1783 TO THE FEDERAL CONVENTION OF 1787. - - -CHAPTER I. - -JANUARY, 1784-MAY, 1787. - - DUTIES AND NECESSITIES OF CONGRESS.--REQUISITIONS ON THE - STATES.--REVENUE SYSTEM OF 1783. - - State of the Union from 1783 to 1787 233 - - Dangers and Evils which existed during the Four Years after - the War 234 - - A New Congress 235 - - Washington's Resignation 235 - - Congress urge the Attendance of absent Members 236 - - Ratification of the Treaty of Peace 237 - - Congress perpetually in Session during the War 238 - - Number of Delegates from each State 238 - - Low State of the Representation 239 - - Duties of the Government 240 - - Supplies for the Year 1784 240 - - How to be obtained 241 - - Old Requisitions unpaid 241 - - Supplies necessary for the Year 1785 242 - - Supplies necessary for the Year 1786 242 - - Rhode Island and New Jersey propose to pay their Quotas in - their own Paper Currency 242 - - Inadequacy of Requisitions 243 - - States which had assented to the Revenue System in February, - 1786 244 - - Congress make known the Public Embarrassments 245 - - Impost granted by all the States except New York 246 - - Argument used in Support of her Refusal 247 - - Hamilton's Answer to it 247 - - Congress recommend to New York to reconsider the Revenue - System 247 - - The Governor refuses to summon the Legislature 247 - - Failure of the Revenue System 248 - - -CHAPTER II. - -1784-1787. - - INFRACTIONS OF THE TREATY OF PEACE. - - Provisions of the Treaty of Peace 249 - - Departure of the British Troops from the Atlantic Coast 249 - - Western Posts retained 249 - - Interests of British Subjects 250 - - Confiscated Property 250 - - Power of Confiscation belonging to the United States 252 - - Refugees 252 - - State Laws prohibiting the Recovery of British Debts 253 - - Articles of the Treaty infringed by New York 254, 255 - - Powers of the Government inadequate 255 - - Treaty of Peace 256 - - Violations of its Articles 257 - - Congress recommend to the States to repeal all Acts repugnant - to the Treaty 258 - - The two Countries remain in the same Position 259 - - -CHAPTER III. - -1786-1787. - - NO SECURITY AFFORDED BY THE CONFEDERATION TO THE STATE - GOVERNMENTS.--SHAYS'S REBELLION IN MASSACHUSETTS, AND ITS - KINDRED DISTURBANCES. - - Defence against External Assaults, the Object of the - Confederation 260 - - Construction of the State Constitutions 261 - - Fundamental Doctrine of the American Constitutions 262 - - Commencement of Discontents in Massachusetts 263 - - The Confederation without Power to act upon the Internal - Condition of a State 264, 265 - - State Governments exposed to the Dangers of Anarchy 265 - - Insurrection in Massachusetts 266 - - Debt of that State at the Close of the War 266 - - Decrease of Exports and Fisheries 267 - - General Condition of the State 267, 268 - - Private Debts 268 - - The Tender Act 268 - - Effects of this Law 269 - - Shays's Rebellion 269 - - Firmness of Governor Bowdoin 270 - - Insurrection suppressed 270 - - Congress unable to interpose 271 - - Hostile Disposition of the Western Indians 271 - - Troops to be raised by the New England States 272 - - Extent of the Disaffection in New England 273 - - Beneficial Effect of these Disturbances 273 - - The Union necessary to the Preservation of Order 274 - - Washington's Anxieties 274 - - -CHAPTER IV. - - ORIGIN AND NECESSITY OF THE POWER TO REGULATE COMMERCE. - - Inability of the Confederation to manage Foreign Commerce 276 - - Essential that it should be managed by the United States 277 - - Views of the Revolutionary Statesmen 277, 278 - - Commercial Relations of the United States with Foreign - Countries 279 - - Negotiation of the Treaty with the Netherlands 280 - - Duties and Imposts 281 - - Congress without Power to enforce Treaty Stipulations upon - the States 282 - - Relations of the United States with Great Britain 282 - - Measure of Mr. Pitt 282 - - Change of the English Administration 283 - - Mr. Pitt's Bill 283 - - Views of the New English Administration 283, 284 - - American Trade excluded from the British West Indies 284 - - The three great Branches of American Commerce 285 - - Congress apply to the States for further Powers 286 - - Action of the States thereupon 286 - - Success of Treaties dependent on the Grant of further Powers 287 - - Incongruities in the Grants of the several States 288 - - Failure of the Attempt to negotiate Commercial Treaties 289 - - Discordant Legislation of the States 290 - - -CHAPTER V. - -1783-1787. - - THE PUBLIC LANDS.--GOVERNMENT OF THE NORTHWESTERN - TERRITORY.--THREATENED LOSS OF THE WESTERN SETTLEMENTS. - - Relations of Congress to the Public Lands 291 - - Efforts to procure Cessions from the States 292 - - Cession by New York 293 - - Disposal of the Territories 293 - - Power of Congress to acquire and hold Lands 293 - - Its Constitutional Authority to deal with acquired Territory 294 - - Cession of Northwestern Territory by Virginia 295 - - States to be formed from this Territory 296 - - Congress pass a Resolve for the Regulation of ceded Territory 296 - - Principles on which the Government of New States should be - established 297 - - Provision for admitting New States into the Union 298 - - Compact between the Old and New States 299 - - The Public Lands the true Resources for the Payment of the - Public Debt 299 - - Slavery to be excluded from the New States 299 - - Cession by Massachusetts and Connecticut of a Portion of their - Territorial Claims 299, 300 - - Modification by Virginia of her Act of Cession 300 - - Cession of Lands by South Carolina 301 - - No other Lands ceded to the United States before 1787 301 - - Ordinance for the Government of the Northwestern Territory - enacted 302 - - Its Provisions concerning Property 302 - - Civil Government of the Territory 303 - - Laws to be adopted 303 - - Appointment of Civil Officers 304 - - Counties and Townships to be formed 304 - - Representation in the Legislature provided for 304 - - Articles of Compact between the Original States and the - People and States in the Territory 305, 306 - - Wisdom of this Scheme of Government 306, 307 - - Political Difficulties in the Management of this Territory 308 - - Threatened Loss of the Western Settlements 309, 310 - - Washington's Plan of uniting the Eastern and Western States 310 - - He considers the Opening of the Mississippi not important 311 - - The Southern Boundary of the United States, by the Treaty of - Peace 312 - - Secret Article in that Treaty 312 - - Spain refuses to concede the Navigation of the Mississippi 313 - - Arrival of Guardoqui as Minister from Spain 313 - - The United States insist on the Right to navigate the - Mississippi 314 - - The Right refused, but a Commercial Treaty tendered 314 - - Importance of this Treaty 314 - - The States divided with Regard to the Mississippi 314, 315 - - Mr. Jay proposes a Middle Course 315 - - Treaty to be limited to Twenty-five Years 316 - - Use of the River to be suspended for the same Period 316 - - Change in Mr. Jay's Instructions 317 - - Seizure of American Property at Natchez 318 - - Inhabitants of the Western Settlements alarmed 318 - - Richness of their Territory 319 - - Their Complaints of Congress 320 - - Their Resolves 321 - - Retaliatory Seizure of Spanish Property 322 - - The Executive of Virginia disavows the Act 322 - - Guardoqui adheres to his Position 323 - - Committees of Correspondence formed in the West 323 - - The Inhabitants of Kentucky in Motion 323 - - Remonstrances of Virginia on the Subject of shutting up the - Mississippi 323 - - Their Delegates intercede with the Spanish Minister 324 - - Their Efforts ineffectual 324 - - The Vote of Seven States attacked in Congress 325 - - Unconstitutionality of that Vote 325, 326 - - It is not rescinded 326 - - Critical Position of the Country 326 - - The Subject of the Mississippi postponed to await the Action - of the Federal Convention 326, 327 - - -CHAPTER VI. - -1783-1787. - - DECAY AND FAILURE OF THE CONFEDERATION.--PROGRESS OF - OPINION.--STEPS WHICH LED TO THE CONVENTION OF - 1787.--INFLUENCE AND EXERTIONS OF HAMILTON.--MEETING OF THE - CONVENTION. - - The Federal Power under the Confederation unequal to the - Discharge of its Duties 328 - - The Confederation destitute of Political Sovereignty 329 - - Capacities of the Country 330 - - Difficulties in the Formation of a Federal Constitution 331 - - Progress of Opinion upon the Subject of a General - Government 332, 333 - - Important Centres of Opinion 334 - - Action of Massachusetts 334 - - Distress pervading the Commercial Classes 334, 335 - - Governor Bowdoin's Message 336 - - The Legislature recommend a General Convention 336, 337 - - Their Delegates in Congress refuse to present the Resolves 337 - - Congress desire only a Temporary Power over Commerce 337 - - Jealousy in Congress of the Changes likely to be made in the - Government 338 - - The Legislature of Massachusetts rescind their Resolutions 339 - - Condition of Congress in 1785 339 - - Action of Virginia 340 - - Proposed Enlargement of the Powers of Congress over Trade 340 - - Difficulties between the Citizens of Virginia and Maryland 341 - - Meeting at Alexandria 341 - - Report of the Commissioners of Virginia and Maryland to their - Governments 342 - - Virginia invites a Meeting of Commissioners from all the - States at Annapolis 343 - - Action of New York 343 - - Final Appeal by Congress for the Establishment of the Revenue - System of 1783 344 - - Exertions of Hamilton 345 - - The Revenue System again rejected by the New York Legislature 346 - - Commissioners appointed by New York to attend the Commercial - Convention 346 - - Course of New York upon the Revenue System 346 - - Five States only represented at Annapolis 347 - - Hamilton's Original Plan, and its Modification 347, 348 - - His Report 348 - - He desires an entirely New System of Government 349 - - Caution in his Proposal 350 - - His extensive Views 350 - - Reception of the Recommendation of the Annapolis Commissioners - in Virginia 351 - - Objections to it in Congress 352-355 - - Report of the Commissioners taken into Consideration 355 - - Opinions of different Members upon the Subject 355 - - Legal Difficulties in the Way of a Convention 356 - - Views entertained in Congress 357 - - Critical State of the Country 357, 358 - - It impels Congress to Action 358 - - Influence of the Course of New York upon Congress 358, 359 - - Their Delegation instructed to move a Convention 360 - - Failure of this Proposition 360 - - Adoption of a Resolve proposed by the Massachusetts Members - for the same Purpose 361 - - Mode of Amendment recommended by Congress 362 - - Importance of this Action of Congress 362 - - Dangers of Inaction 363 - - Importance of the Sanction of the Old Government, in the - Formation of a new one 364 - - Hamilton's Wisdom 365 - - Reason for not intrusting the Revision of the System of - Government to Congress 365, 366 - - Powers of the Convention not defined by Congress 367 - - Nature of the Crisis 368 - - Danger of an Attempt to establish Monarchical Government 369 - - Washington's Opinions 370, 371 - - Other Difficulties attending the Revision of the Federal - System 371 - - Sectional Jealousy and its Causes 371, 372 - - New Idea of a Union 372, 373 - - Prevailing Feeling among Statesmen concerning the Convention 373 - - Hamilton fully equal to the Demands of the Crisis 373, 374 - - Assembling of the Convention 374 - - Novelty of their Undertaking 374, 375 - - State of Political Science in Modern Europe 375 - - The Results of English Liberty 376, 377 - - French Discussions 377, 378 - - The English Constitution an imperfect Guide 378 - - Nature of the Problem 379 - - -CHAPTER VII. - - THE FRAMERS OF THE CONSTITUTION.--WASHINGTON, PRESIDENT OF - THE CONVENTION. - - Embarrassments attending the Assembling of the Convention 380 - - Discipline to which the American People had been subjected 381, 382 - - The Constitution the Result of Circumstances 382 - - Consequences of a Want of Power in the First Government 383 - - Its Incapacity 384 - - Sufferings of the People 384 - - Civil Liberty the Result of Trial and Suffering 385, 386 - - Qualities of the Framers of the Constitution 386, 387 - - Hamilton 387 - - Washington 388 - - Madison 388 - - Franklin 388 - - Gouverneur Morris 388 - - Their Characters formed during the Revolution 388, 389 - - Diversities of Opinion in such an Assembly 389 - - Patriotism of its Members 390 - - A Republican System their great Object 390 - - Slight Value of the Examples of other Countries 391 - - Necessity for a National Head 392 - - The New Government established without Violence 393 - - Washington at Mount Vernon 393, 394 - - His Opinions upon the Powers of the Federal Government 394-396 - - His Fears as to the Result of a Convention 396, 397 - - The Legislature of Virginia desire to place him at the Head - of their Delegation 397 - - Refuses informally 398 - - Declines a Re-election as President of the Society of the - Cincinnati 398 - - Receives Official Notice of his Appointment to the Convention 399 - - Declines the Appointment 399 - - The Insurrection in Massachusetts changes his - Determination 399, 400 - - He leaves Mount Vernon for Philadelphia 401 - - Is elected President of the Convention 401 - - His great Object, to secure a Republican Government 402 - - The Idea of a Monarchical Government entertained to some - Extent 402 - - Coercive Power necessary in the General Government 403 - - Washington's Character as a Statesman 404 - - His Fitness for the Chair of the Convention 405 - - -CHAPTER VIII. - - HAMILTON. - - Causes why Hamilton is less known at the present Day, than - other Statesmen of the Revolution 406 - - Immediate Effect of his Death upon the Country 407 - - His Birth and Education 408 - - Very early Entrance upon Political Life 408 - - His Essays on the Rights of the Colonies 408 - - Appointed Aide-de-Camp to Washington 409 - - Elected to Congress from New York 409 - - A Member of the Legislature 409 - - Delegate to the Federal Convention 409 - - One of the Authors of the Federalist 409 - - Elected to the State Convention 409 - - Secretary of the Treasury 409 - - Retirement 409 - - Command of the Provisional Army 409 - - Practice of the Law 409 - - Death 409, 410 - - Character 410-419 - - -CHAPTER IX. - - MADISON. - - His Birth and Education 420 - - Entrance into Congress 421 - - His Influence in inducing Virginia to yield the Northwest - Territory 422 - - Other important Services in the Congress of the - Confederation 422, 423 - - Retires to Virginia 423 - - Efforts for the Enlargement of Commercial Powers 423, 424 - - His Connection with the Events which led to the Convention 424-427 - - Appointed one of the Commissioners to Annapolis 427 - - Drafts the Act of Virginia appointing Delegates to the Federal - Convention 427 - - His Labors in the Convention 427, 428 - - Records the Debates 428 - - His Character 428-431 - - -CHAPTER X. - - FRANKLIN. - - His long Career of Public Service 433, 434 - - His distinguished Residences abroad 434, 435 - - Importance and Influence of his Presence in the Convention 435-437 - - His Objections to the Constitution 437 - - Sacrifices them to the Public Good 437 - - His Efforts to produce Unanimity 437, 438 - - -CHAPTER XI. - - GOUVERNEUR MORRIS. - - Birth and Education 440 - - Views on the Independence of America 441 - - Services in Congress 442 - - Appointed Assistant Financier 443 - - Elected to the Federal Convention 444 - - His Character 444-447 - - -CHAPTER XII. - - KING. - - Birth and Education 448 - - Elected to Congress 448 - - His Opinions on the Subject of a Federal Convention 449 - - His Views of the Insurrection in Massachusetts 450 - - Disappointment concerning the Powers of the Confederation 450 - - Change of Opinion 450, 451 - - View of the true Principle for the new Government 451 - - Introduces the Prohibition against Laws affecting the - Obligation of Contracts 452 - - His Character 453 - -CHAPTER XIII. - - CHARLES COTESWORTH PINCKNEY. - - Descent and Education 454 - - Military Career 454 - - Appointed to the Federal Convention 455 - - His Course on the Slave-Trade, and the Regulation of Commerce 456 - - Vindication of the Framers of the Constitution 456-460 - - Note on the Abolition of the Slave-Trade 460 - - -CHAPTER XIV. - - WILSON. - - Birth and Education 462 - - Emigration to America 462 - - Services in Congress 462, 463 - - His Opinions in the Convention 463, 464 - - Exertions for a Representative Government 464 - - Appointed Judge of the Supreme Court of the United States 465 - - His Speech on the Constitution in the Pennsylvania - Convention 465-479 - - -CHAPTER XV. - - RANDOLPH. - - An Aide-de-camp to Washington 480 - - Services in Congress 480 - - Elected Governor of Virginia 481 - - Procures the Attendance of Washington 481 - - His Opinions on the Constitution, and the existing Crisis 481-485 - - Genealogy 485 - - -CHAPTER XVI. - - CONCLUSION OF THE PRESENT VOLUME. - - The Other Members of the Convention 486, 487 - - Responsible Position of the American People 487, 488 - - -APPENDIX. - - Circular Letter of Congress recommending the Articles of - Confederation 491 - - Representation of New Jersey on the Articles of Confederation 493 - - Act of New Jersey accepting the Confederation 497 - - Resolutions passed by the Council of Delaware respecting the - Articles of Confederation 498 - - Act to authorize the Delegates of the Delaware State to ratify - the Articles of Confederation 500 - - Instructions of the General Assembly of Maryland to their - Delegates, respecting the Articles of Confederation 501 - - Act of the Legislature of New York, to facilitate the - Completion of the Articles of Confederation and Perpetual - Union among the United States of America 505 - - Report of the Committee of Congress as to the Proceedings of - the Legislatures of Maryland, New York, and Virginia in - Relation to the Articles of Confederation 506 - - Act to empower the Delegates of Maryland to ratify the - Articles of Confederation 508 - - Articles of Confederation and Perpetual Union between the - States 509 - - Members of the Convention which formed the Constitution 516 - - - - -BOOK I. - -THE CONSTITUTIONAL HISTORY OF THE UNITED STATES, FROM THE COMMENCEMENT -OF THE REVOLUTION TO THE ADOPTION OF THE ARTICLES OF CONFEDERATION. - - - - -CHAPTER I. - -1774-1775. - -ORGANIZATION OF THE FIRST CONTINENTAL CONGRESS.--ORIGIN OF THE UNION. - - -The thirteen British colonies in North America, by whose inhabitants the -American Revolution was achieved, were, at the commencement of that -struggle, so many separate communities, having, to a considerable -extent, different political organizations and different municipal laws: -but their various populations spoke almost universally the English -language. These colonies were Virginia, Massachusetts, New Hampshire, -Connecticut, Rhode Island, Maryland, New York, New Jersey, Pennsylvania, -Delaware, North Carolina, South Carolina, and Georgia. From the times -when they were respectively settled, until the union formed under the -necessities of a common cause at the breaking out of the Revolution, -they had no political connection; but each possessed a domestic -government peculiar to itself, derived directly from the crown of -England, and more or less under the direct control of the mother -country. - -The political organizations of the colonies have been classed by jurists -and historians under the three heads of Provincial, Proprietary, and -Charter governments. - -To the class of Provincial governments belonged the Provinces of New -Hampshire, New Jersey, Virginia, the two Carolinas, and Georgia. These -had no other written constitutions, or fundamental laws, than the -commissions issued to the Governors appointed by the crown, explained by -the instructions which accompanied them. The Governor, by his -commission, was made the representative or deputy of the King, and was -obliged to act in conformity with the royal instructions. He was -assisted by a Council, the members of which, besides participating with -him, to a certain extent, in the executive functions of the government, -constituted the upper house of the provincial legislature; and he was -also authorized to summon a general assembly of representatives of the -freeholders of the Province. The three branches thus convened, -consisting of the Governor, the Council, and the Representatives, -constituted the provincial Assemblies, having the power of local -legislation, subject to the ratification and disapproval of the crown. -The direct control of the crown over these provincial governments may -also be traced in the features, common to them all, by which the -Governor had power to suspend the members of the Council from office, -and, whenever vacancies occurred, to appoint to those vacancies, until -the pleasure of the crown should be known; to negative all the -proceedings of the assembly; and to prorogue or dissolve it at his -pleasure. - -The Proprietary governments, consisting of Maryland, Pennsylvania, and -Delaware, were those in which the subordinate powers of legislation and -government had been granted to certain individuals called the -proprietaries, who appointed the Governor and authorized him to summon -legislative assemblies. The authority of the proprietaries, or of the -legislative bodies assembled by the Governor, was restrained by the -condition, that the ends for which the grant was made to them by the -crown should be substantially pursued in their legislation, and that -nothing should be done, or attempted, which might derogate from the -sovereignty of the mother country. In Maryland, the laws enacted by the -proprietary government were not subject to the direct control of the -crown; but in Pennsylvania and Delaware they were.[2] - -The Charter governments, consisting, at the period of the Revolution, of -Massachusetts, Rhode Island, and Connecticut, may be said, in a stricter -sense, to have possessed written constitutions for their general -political government. The charters, granted by the crown, established an -organization of the different departments of government similar to that -in the provincial governments. In Massachusetts, after the charter of -William and Mary granted in 1691, the Governor was appointed by the -crown; the Council were chosen annually by the General Assembly, and the -House of Representatives by the people. In Connecticut and Rhode -Island, the Governor, Council, and Representatives were chosen annually -by the freemen of the colony. In the charter, as well as the provincial -governments, the general power of legislation was restrained by the -condition, that the laws enacted should be, as nearly as possible, -agreeable to the laws and statutes of England. - -One of the principal causes which precipitated the war of the Revolution -was the blow struck by Parliament at these charter governments, -commencing with that of Massachusetts, by an act intended to alter the -constitution of that Province as it stood upon the charter of William -and Mary; a precedent which justly alarmed the entire continent, and in -its principle affected all the colonies, since it assumed that none of -them possessed constitutional rights which could not be altered or taken -away by an act of Parliament. The "Act for the better regulating the -government of the Province of Massachusetts Bay," passed in 1774, was -designed to create an executive power of a totally different character -from that created by the charter, and also to remodel the judiciary, in -order that the laws of the imperial government might be more certainly -enforced. - -The charter had reserved to the King the appointment of the Governor, -Lieutenant-Governor, and Secretary of the Province. It vested in the -General Assembly the choice of twenty-eight councillors, subject to -rejection by the Governor; it gave to the Governor, with the advice and -consent of the Council, the appointment of all military and judicial -officers, and to the two houses of the legislature the appointment of -all other civil officers, with a right of negative by the Governor. The -new law vested the appointment of councillors, judges, and magistrates -of all kinds, in the crown, and in some cases in the Governor, and made -them all removable at the pleasure of the crown. A change so radical as -this, in the constitution of a people long accustomed to regard their -charter as a compact between themselves and the crown, could not but -lead to the most serious consequences. - - * * * * * - -The statements which have now been made are sufficient to remind the -reader of the important fact, that, at the commencement of the -Revolution, there existed, and had long existed, in all the colonies, -local legislatures, one branch of which was composed of representatives -chosen directly by the people, accustomed to the transaction of public -business, and being in fact the real organs of the popular will. These -bodies, by virtue of their relation to the people, were, in many -instances, the bodies which took the initiatory steps for the -organization of the first national or Continental Congress, when it -became necessary for the colonies to unite in the common purpose of -resistance to the mother country. But it should be again stated, before -we attend to the steps thus taken, that the colonies had no direct -political connection with each other before the Revolution commenced, -but that each was a distinct community, with its own separate political -organization, and without any power of legislation for any but its own -inhabitants; that, as political communities, and upon the principles of -their organizations, they possessed no power of forming any union among -themselves, for any purpose whatever, without the sanction of the Crown -or Parliament of England.[3] But the free and independent power of -forming a union among themselves, for objects and purposes common to -them all, which was denied to their colonial condition by the principles -of the English Constitution, was one of the chief powers asserted and -developed by the Revolution; and they were enabled to effect this union, -as a revolutionary right and measure, by the fortunate circumstances of -their origin, which made the people of the different colonies, in -several important senses, one people. They were, in the first place, -chiefly the descendants of Englishmen, governed by the laws, inheriting -the blood, and speaking the language of the people of England. As -British subjects, they had enjoyed the right of dwelling in any of the -colonies, without restraint, and of carrying on trade from one colony to -another, under the regulation of the general laws of the empire, without -restriction by colonial legislation. They had, moreover, common -grievances to be redressed, and a common independence to establish, if -redress could not be obtained: for although the precise grounds of -dispute with the Crown or the Parliament of England had not always been -the same in all the colonies, yet when the Revolution actually broke -out, they all stood in the same attitude of resistance to the same -oppressor, making common cause with each other, and resting upon certain -great principles of liberty, which had been violated with regard to many -of them, and with the further violation of which all were threatened. - - * * * * * - -It was while the controversies between the mother country and the -colonies were drawing towards a crisis, that Dr. Franklin, then in -England as the political agent of Pennsylvania, of Massachusetts, and of -Georgia, in an official letter to the Massachusetts Assembly, dated July -7th, 1773, recommended the assembling of a general congress of all the -colonies. "As the strength of an empire," said he, "depends not only on -the _union_ of its parts, but on their readiness for united exertion of -their common force; and as the discussion of rights may seem -unseasonable in the commencement of actual war, and the delay it might -occasion be prejudicial to the common welfare; as likewise the refusal -of one or a few colonies would not be so much regarded, if the others -granted liberally, which perhaps by various artifices and motives they -might be prevailed on to do; and as this want of concert would defeat -the expectation of general redress, that might otherwise be justly -formed; perhaps it would be best and fairest for the colonies, in a -general congress now in peace to be assembled, or by means of the -correspondence lately proposed, after a full and solemn assertion and -declaration of their rights, to engage firmly with each other, that they -will never grant aids to the crown in any general war, till those rights -are recognized by the King and both houses of Parliament; communicating -at the same time to the crown this their resolution. Such a step I -imagine will bring the dispute to a crisis."[4] - -The first actual step towards this measure was taken in Virginia. A new -House of Burgesses had been summoned by the royal Governor to meet in -May, 1774. Soon after the members had assembled at Williamsburg, they -received the news that, by an act of Parliament, the port of Boston was -to be closed on the first day of the succeeding June, and that other -disabilities were to be inflicted on the town. They immediately passed -an order, setting apart the first day of June as a day of fasting, -humiliation, and prayer, "to implore the Divine interposition for -averting the heavy calamity which threatened destruction to their civil -rights, and the evils of civil war, and to give them one heart and one -mind firmly to oppose, by all just and proper means, every injury to -American rights." Thereupon, the Governor dissolved the House. But the -members immediately assembled at another place of meeting, and, having -organized themselves as a committee, drew up and subscribed an -Association, in which they declared that the interests of all the -colonies were equally concerned in the late doings of Parliament, and -advised the local Committee of Correspondence to consult with the -committees of the other colonies on the expediency of holding a general -Continental Congress. Pursuant to these recommendations, a popular -convention was holden at Williamsburg, on the 1st of August, which -appointed seven persons as delegates to represent the people of Virginia -in a general Congress to be held at Philadelphia in the September -following.[5] - -The Massachusetts Assembly met on the last of May, and, after negativing -thirteen of the Councillors, Governor Gage adjourned the Assembly to -meet at Salem on the 7th of June. When they came together at that place, -the House of Representatives passed a resolve, declaring a meeting of -committees from the several colonies on the continent to be highly -expedient and necessary, to deliberate and determine upon proper -measures to be recommended to all the colonies for the recovery and -establishment of their just rights and liberties, civil and religious, -and for the restoration of union and harmony with Great Britain. They -then appointed five delegates[6] to meet the representatives of the -other colonies in congress at Philadelphia, in the succeeding September. - -These examples were at once followed by the other colonies. In some of -them, the delegates to the Continental Congress were appointed by the -popular branch of the legislature, acting for and in behalf of the -people; in others, they were appointed by conventions of the people -called for the express purpose, or by committees duly authorized to make -the appointment.[7] The Congress, styling themselves "the delegates -appointed by the good people of these colonies," assembled at -Philadelphia on the 5th of September, 1774, and organized themselves as -a deliberative body by the choice of officers and the adoption of rules -of proceeding. Peyton Randolph of Virginia was elected President, and -Charles Thompson of Pennsylvania Secretary of the Congress. - -No precedent existed for the mode of action to be adopted by this -assembly. There was, therefore, at the outset, no established principle -which might determine the nature of the union; but that union was to be -shaped by the new circumstances and relations in which the Congress -found itself placed. There had been no general concert among the -different colonies as to the numbers of delegates, or, as they were -called in many of the proceedings, "committees" of the colonies, to be -sent to the meeting at Philadelphia. On the first day of their -assembling, Pennsylvania and Virginia had each six delegates in -attendance; New York had five; Massachusetts, New Jersey, and South -Carolina had four each; Connecticut had three; New Hampshire, Rhode -Island, Delaware, and Maryland had two each. The delegates from North -Carolina did not arrive until the 14th.[8] - -As soon as the choice of officers had taken place,[9] the method of -voting presented itself as the first thing to be determined; and the -difficulties arising from the inequalities between the colonies in -respect to actual representation, population, and wealth, had to be -encountered upon the threshold. Insuperable obstacles stood in the way -of the adoption of interests as the basis of votes. The weight of a -colony could not be ascertained by the numbers of its inhabitants, the -amount of their wealth, the extent of their trade, or by any ratio to be -compounded of all these elements, for no authentic evidence existed from -which data could be taken.[10] As it was apparent, however, that some -colonies had a larger proportion of members present than others, -relatively to their size and importance, it was thought to be equally -objectionable to adopt the method of voting by polls. In these -circumstances, the opinion was advanced, that the colonial governments -were at an end; that all America was thrown into one mass, and was in a -state of nature; and consequently, that the people ought to be -considered as represented in the Congress according to their numbers, by -the delegations actually present.[11] Upon this principle, the voting -should have been by polls. - -But neither the circumstances under which they were assembled, nor the -dispositions of the members, permitted an adoption of the theory that -all government was at an end, or that the boundaries of the colonies -were effaced. The Congress had not assembled as the representatives of a -people in a state of nature, but as the committees of different -colonies, which had not yet severed themselves from the parent state. -They had been clothed with no legislative or coercive authority, even of -a revolutionary nature; compliance with their resolves would follow only -on conviction of the utility of their measures; and all their resolves -and all their measures were, by the express terms of many of their -credentials, limited to the restoration of union and harmony with Great -Britain, which would of course leave the colonies in their colonial -state. The people of the continent, therefore, as a people in the state -of nature, or even in a national existence as one people standing in a -revolutionary attitude, had not then come into being. - -The nature of the questions, too, which they were to discuss, and of the -measures which they were to adopt, were to be considered in determining -by what method of voting those questions and measures should be decided. -The Congress had been called to secure the _rights_ of the colonies. -What were those rights? By what standard were they to be ascertained? By -the law of nature, or by the principles of the English Constitution, or -by the charters and fundamental laws of the colonies, regarded as -compacts between the crown and the people, or by all of these combined? -If the law of nature alone was to determine their rights, then all -allegiance to the British crown was to be regarded as at an end. If the -principles of the English Constitution, or the charters, were to be the -standard, the law of nature must be excluded from consideration. This -exclusion would of necessity narrow the ground, and deprive them of a -resource to which Parliament might at last compel them to look.[12] In -order, therefore, to leave the whole field open for consideration, and -at the same time to avoid committing themselves to principles -irreconcilable with the preservation of allegiance and their colonial -relation to Great Britain, it was necessary to consider themselves as an -assembly of committees from the different colonies, in which each colony -should have one voice, through the delegates whom it had sent to -represent and act for it. But, as if foreseeing the time when population -would become of necessity the basis of congressional power, when the -authority of Parliament should have given place to a system of American -continental legislation, they inserted, in the resolve determining that -each colony should have one vote, a caution that would prevent its being -drawn into precedent. They declared, as the reason for the course which -they adopted, that the Congress were not possessed of, or able to -procure, the proper materials for ascertaining the importance of each -colony.[13] - -It appears, therefore, very clear, that an examination of the relations -of the first Congress to the colonies which instituted it will not -enable us to assign to it the character of a government. Its members -were not elected for the express purpose of making a revolution. It was -an assembly convened from separate colonies, each of which had causes of -complaint against the imperial government to which it acknowledged its -allegiance to be due, and each of which regarded it as essential to its -own interests to make common cause with the others, for the purpose of -obtaining redress of its own grievances. The idea of separating -themselves from the mother country had not been generally entertained by -the people of any of the colonies. All their public proceedings, from -the commencement of the disputes down to the election of delegates to -the first Congress, including the instructions given to those delegates, -prove, as we have seen, that they looked for redress and relief to means -which they regarded as entirely consistent with the principles of the -British Constitution.[14] - -Still, although this Congress did not take upon themselves the functions -of a government, or propose revolution as a remedy for the wrongs of -their constituents, they regarded and styled themselves as "the -guardians of the rights and liberties of the colonies";[15] and in that -capacity they proceeded to declare the causes of complaint, and to take -the necessary steps to obtain redress, in what they believed to be a -constitutional mode. These steps, however, although not directly -revolutionary, had a revolutionary tendency. - -On the 6th of September, 1774, a resolve was passed, that a committee be -appointed to state the rights of the colonies in general, the several -instances in which those rights had been violated or infringed, and the -means most proper to be pursued for obtaining a restoration of them. -Another committee was ordered on the same day, to examine and report the -several statutes affecting the trade and manufactures of the colonies. -On the following day, it was ordered that the first committee should -consist of two members, and the second of one member, from each of the -colonies.[16] Two questions presented themselves to the first of these -committees, and created a good deal of embarrassment. The first was, -whether, in stating the rights of the colonies, they should recur to the -law of nature, as well as to the British Constitution and the American -charters and grants. The second question related to the authority which -they should allow to be in Parliament;--whether they should deny it -wholly, or deny it only as to internal affairs, admitting it as to -external trade; and if the latter, to what extent and with what -restrictions. It was soon felt that this question of the authority of -Parliament was the essence of the whole controversy. Some denied it -altogether. Others denied it as to every species of taxation; while -others admitted it to extend to the regulation of external trade, but -denied it as to all internal affairs. The discussions had not proceeded -far, before it was perceived that this subject of the regulation of -trade might lead directly to the question of the continuance of the -colonial relations with the mother country. For this they were not -prepared. It was apparent that the right of regulating the trade of the -whole country, from the local circumstances of the colonies and their -disconnection with each other, could not be exercised by the colonies -themselves: it was thought that the aid, assistance, and protection of -the mother country were necessary to them; and therefore, as a proper -equivalent, that the colonies must admit the right of regulating the -trade, to some extent and in some mode, to be in Parliament. The -alternatives were, either to set up an American legislature, that could -control and regulate the trade of the whole country, or else to give the -power to Parliament. The Congress determined to do the latter; supposing -that they could limit the admission, by denying that the power extended -to taxation, but ceding at the same time the right to regulate the -external trade of the colonies for the common benefit of the whole -empire.[17] They grounded this concession upon "the necessities of the -case," and "the mutual interests of both countries";[18] meaning by -these expressions to assert that all legislative control over the -external and internal trade of the colonies belonged of right to the -colonies themselves, but, as they were part of an empire for which -Parliament legislated, it was necessary that the common legislature of -the whole empire should retain the regulation of the external trade, -excluding all power of taxation for purposes of revenue, in order to -secure the benefits of the trade of the whole empire to the mother -country. - -The Congress, therefore, after having determined to confine their -statement to such rights as had been infringed by acts of Parliament -since the year 1763, unanimously adopted a Declaration of Rights, in -which they summed up the grievances and asserted the rights of the -colonies. This document placed the rights of the colonies upon the laws -of nature, the principles of the English Constitution, and the several -charters or compacts. It declared, that, as the colonies were not, and -from their local situation could not be, represented in the English -Parliament, they were entitled to a free and exclusive power of -legislation in their several provincial legislatures, where their right -of representation could alone be preserved, in all cases of taxation and -internal polity, subject only to the negative of their sovereign, in -such manner as had been before accustomed. At the same time, from the -necessity of the case and from a regard to the mutual interests of both -countries, they cheerfully consented to the operation of such acts of -Parliament as were in good faith limited to the regulation of their -external commerce, for the purpose of securing the commercial advantages -of the whole to the mother country, and the commercial benefit of its -respective members; excluding every idea of taxation, internal and -external, for raising a revenue on the subjects in America, without -their consent.[19] - -In addition to this, they asserted, as great constitutional rights -inherent in the people of all these colonies, that they were entitled to -all the rights, liberties, and immunities of free and natural-born -subjects within the realm of England; to the common law of England, and -especially to trial by a jury of the vicinage; to the immunities and -privileges granted and confirmed to them by royal charters, or secured -by their several codes of provincial laws; and to the right of peaceably -assembling to consider grievances and to petition the King.[20] - -In order to enforce their complaints upon the attention of the -government and people of Great Britain, and as the sole means which were -open to them, short of actual revolution, of coercing the ministry into -a change of measures, they resolved that after the 10th of September, -1775, the exportation of all merchandise, and every commodity -whatsoever, to Great Britain, Ireland, and the West Indies, ought to -cease, unless the grievances of America should be redressed before that -time; and that after the first day of December, 1774, there should be no -importation into British America, from Great Britain or Ireland, of any -goods, wares, or merchandise whatever, or from any other place, of any -such goods, wares, or merchandise as had been exported from Great -Britain or Ireland, and that no such goods, wares, or merchandise be -used or purchased.[21] They then prepared an association, or agreement, -of non-importation, non-exportation, and non-consumption, in order, as -far as lay in their power, to cause a general compliance with their -resolves. This association was subscribed by every member of the -Congress, and was by them recommended for adoption to the people of the -colonies, and was very generally adopted and acted upon.[22] They -resorted to this as the most speedy, effectual, and peaceable measure to -obtain a redress of the grievances of which the colonies complained; and -they entered into the agreement on behalf of the inhabitants of the -several colonies for which they acted. - - * * * * * - -This Congress, which sat from the 5th of September to the 26th of -October, 1774, had thus made the restoration of commercial intercourse -between the colonies and the other parts of the British empire to depend -upon the repeal by Parliament of the obnoxious measures of which they -complained, and upon the recognition of the rights which they asserted; -for although their acts had not the foundation of laws, the general -adoption of their recommendations throughout the colonies gave them a -power that laws rarely possess. Before they adjourned, they recommended -that another Congress of all the colonies should be held at Philadelphia -on the 10th of the following May, unless their grievances were redressed -before that time, and that the deputies to such new Congress should be -chosen immediately.[23] - -But while the Continental Congress were engaged in the adoption of these -measures of constitutional resistance, and still acknowledged their -colonial relations to the imperial government, the course of events in -Massachusetts had put an end to the forms of law and government in that -colony, as established or upheld by imperial authority. The last -Assembly held in the Province upon the principles of its charter had -been dissolved by the Governor's proclamation, at Salem, on the 17th of -June, 1774. The new law for the alteration of the government had taken -effect; and in August the Governor received from England a list of -thirty-six councillors, who were to be called into office by the King's -writ of _mandamus_, instead of being elected, as under the charter, by -the House of Representatives. Two thirds of the number accepted their -appointment; but popular indignation, treating them as enemies of their -country, compelled the greater part of them to renounce their offices. -The new judges were prevented everywhere from proceeding with the -business of the courts, which were obstructed by assemblies of the -people, who would permit no judge to exercise his functions, save in -accordance with the ancient laws and usages of the Colony. - -Writs had been issued for a new General Assembly, which was to meet at -Salem in October; but it was found, that, while the old constitution had -been taken away by act of Parliament, the new one had been rejected by -the people. The compulsory resignation of so many of the councillors -left that body without power, and the Governor deemed it expedient to -countermand the writs by proclamation, and to defer the holding of the -Assembly until the popular temper should have had time to cool. But the -legality of the proclamation was denied; the elections were everywhere -held, and the members elect assembled at Salem, pursuant to the -precepts. There they waited a day for the Governor to attend, administer -the oaths, and open the session; but as he did not appear, they resolved -themselves into a Provincial Congress, to be joined by others who had -been or might be elected for that purpose, and adjourned to the town of -Cambridge, to take into consideration the affairs of the Colony, in -which the regular and established government was now at an end. Their -acts were at first couched in the form of recommendations to the people, -whose ready compliance gave to them the weight and efficacy of laws, -and there was thus formed something like a new and independent -government. Under the form of recommendation and advice, they settled -the militia, regulated the public revenue, provided arms, and prepared -to resist the British troops. In December, 1774, they elected five -persons to represent the Colony in the Continental Congress that was to -assemble at Philadelphia in the ensuing May. They were met by a -proclamation, issued by the Governor, in which their assembly was -declared unlawful, and the people were prohibited, in the King's name, -from complying with their recommendations, requisitions, or resolves. -Through the winter, the Governor held the town of Boston, with a -considerable body of royal troops, but the rest of the Province -generally yielded obedience to the Provincial Congress. In this posture -of affairs, the encounter between a detachment of the King's forces and -a body of militia, commonly called the battle of Lexington, occurred, on -the 19th of April, 1775. - -FOOTNOTES: - -[2] Story's Commentaries on the Constitution, § 160. - -[3] That a union of the colonies into one general government, for any -purpose, could not take place without the sanction of Parliament, was -always assumed in both countries. The sole instance in which a plan of -union was publicly proposed and acted upon, before the Revolution, was -in 1753-4, when the Board of Trade sent instructions to the Governor of -New York to make a treaty with the Six Nations of Indians; and the other -colonies were also instructed to send commissioners to be present at the -meeting, so that all the provinces might be comprised in one general -treaty, to be made in the King's name. It was also recommended by the -home government, that the commissioners at this meeting should form a -plan of union among the colonies for their mutual protection and defence -against the French. Twenty-five commissioners assembled at Albany in -May, 1754, from New Hampshire, Massachusetts, Rhode Island, Connecticut, -New York, Pennsylvania, and Maryland. In this body, a plan of union was -digested and adopted, which was chiefly the work of Dr. Franklin. It was -agreed that an act of Parliament was necessary to authorize it to be -carried into effect. It was rejected by all the colonial Assemblies -before which it was brought, and in England it was not thought proper by -the Board of Trade to recommend it to the King. In America it was -considered to have too much of _prerogative_ in it, and in England to be -too _democratic_. It was a comprehensive scheme of government, to -consist of a Governor-General, or President-General, who was to be -appointed and supported by the crown, and a Grand Council, which was to -consist of one member chosen by each of the smaller colonies, and two or -more by each of the larger. Its duties and powers related chiefly to -defence against external attacks. It was to have a general treasury, to -be supplied by an excise on certain articles of consumption. See the -history and details of the scheme, in Sparks's Life and Works of -Franklin, I. 176, III. 22-55; Hutchinson's History of Massachusetts, -III. 23; Trumbull's History of Connecticut, II. 355; Pitkin's History of -the United States, I. 140-146. In 1788, Franklin said of it: "The -different and contradictory reasons of dislike to my plan make me -suspect that it was really the true medium; and I am still of opinion it -would have been happy for both sides, if it had been adopted. The -colonies so united would have been sufficiently strong to have defended -themselves: there would have been no need of troops from England: of -course the subsequent pretext for taxing America, and the bloody contest -it occasioned, would have been avoided. But such mistakes are not new: -history is full of the errors of states and princes." (Life, by Sparks, -I. 178.) We may not join in his regrets now. - -[4] It is not certain by whom the first suggestion of a Continental -Congress was made. Thomas Cushing, Speaker of the Massachusetts -Assembly, and a correspondent of Dr. Franklin, appears to have expressed -to him the opinion, previously to the date of Franklin's official letter -quoted in the text, that a congress would grow out of the committees of -correspondence which had been recommended by the Virginia House of -Burgesses. But Mr. Sparks thinks that no other direct and public -recommendation of the measure can be found before the date of Franklin's -letter to the Massachusetts Assembly. Sparks's Life of Franklin, I. 350, -note. In the early part of the year 1774, the necessity of such a -congress began to be popularly felt throughout all the colonies. -Sparks's Washington, II. 326. - -[5] These delegates were Peyton Randolph, Richard Henry Lee, George -Washington, Patrick Henry, Richard Bland, Benjamin Harrison, and Edmund -Pendleton. - -[6] Thomas Cushing, Samuel Adams, Robert Treat Paine, James Bowdoin, and -John Adams. - -[7] The delegates in the Congress of 1774 from New Hampshire were -appointed by a Convention of Deputies chosen by the towns, and received -their credentials from that Convention. In Rhode Island, they were -appointed by the General Assembly, and commissioned by the Governor. In -Connecticut, they were appointed and instructed by the Committee of -Correspondence for the Colony, acting under authority conferred by the -House of Representatives. In New York, the mode of appointment was -various. In the city and county of New York, the delegates were elected -by popular vote taken in seven wards. The same persons were also -appointed to act for the counties of West Chester, Albany, and Duchess, -by the respective committees of those counties; and another person was -appointed in the same manner for the county of Suffolk. The New York -delegates received no other instructions than those implied in the -certificates, "to attend the Congress and to represent" the county -designated. In New Jersey, the delegates were appointed by the -committees of counties, and were simply instructed "to represent" the -Colony. In Pennsylvania, they were appointed and instructed by the House -of Assembly. In the counties of New Castle, Kent, and Sussex on -Delaware, delegates were elected by a convention of the freemen -assembled in pursuance of circular letters from the Speaker of the House -of Assembly. In Maryland, the appointment was by committees of the -counties. In Virginia, it was by a popular convention of the whole -Colony. In South Carolina, it was by the House of Commons. Georgia was -not represented in this Congress. - -[8] Journals, I. 1, 12. - -[9] The President and Secretary appear to have been chosen _viva voce_ -or by a hand vote. John Adam's Works, II. 365. - -[10] Adams, II. 366. - -[11] This opinion, we are told by Mr. Adams, was advanced by Patrick -Henry. See notes of the debate, in Adams, II. 366, 368. - -[12] See the very interesting notes of their debates in Adams's Works, -II. 366, 370-377. - -[13] Journals, I. 10. - -[14] The instructions embraced in the credentials of the delegates to -the first Congress were as follows:--NEW HAMPSHIRE,--"to devise, -consult, and adopt such measures as may have the most likely tendency to -extricate the colonies from their present difficulties; to secure and -perpetuate their rights, liberties, and privileges; and to restore that -peace, harmony, and mutual confidence which once happily subsisted -between the parent country and her colonies." MASSACHUSETTS,--"to -deliberate and determine upon wise and proper measures, to be by them -recommended to all the colonies, for the recovery and establishment of -their just rights and liberties, civil and religious, and the -restoration of union and harmony between Great Britain and the colonies, -most ardently desired by all good men." RHODE ISLAND,--"to meet and join -with the other commissioners or delegates from the other colonies in -consulting upon proper measures to obtain a repeal of the several acts -of the British Parliament for levying taxes upon his Majesty's subjects -in America without their consent, and particularly the commercial -connection of the colonies with the mother country, for the relief of -Boston and the preservation of American liberty." VIRGINIA,--"to -consider of the most proper and effectual manner of so operating on the -commercial connection of the colonies with the mother country, as to -procure redress for the much injured Province of Massachusetts Bay, to -secure British America from the ravage and ruin of arbitrary taxes, and -speedily to procure the return of that harmony and union so beneficial -to the whole empire, and so ardently desired by all British America." -SOUTH CAROLINA,--"to consider the acts lately passed and bills depending -in Parliament with regard to the port of Boston and Colony of -Massachusetts Bay, which acts and bills, in the precedent and -consequences, affect the whole continent of America;--also the -grievances under which America labors by reason of the several acts of -Parliament that impose taxes or duties for raising a revenue, and lay -unnecessary restraints and burdens on trade;--and of the statutes, -parliamentary acts, and royal instructions, which make an invidious -distinction between his Majesty's subjects in Great Britain and America; -with full power and authority to concert, agree to, and effectually -prosecute such legal measures as, in the opinion of the said deputies -and of the deputies so to be assembled, shall be most likely to obtain a -repeal of the said acts and a redress of these grievances." The -delegates from New York and New Jersey were simply instructed "to -represent" those colonies in the Congress. Journals, I. 2-9. - -[15] Letter of the Congress to Governor Gage, October 10, 1774. -Journals, I. 25, 26. - -[16] Additions were made to it. - -[17] Works of John Adams. - -[18] See the origin of these expressions explained, in Adams's Works, -II. 373-375. - -[19] Journals, I. 29. - -[20] Ibid. They adopted also an Address to the People of Great Britain, -and a Petition to the King, embodying similar principles with those -asserted in the Declaration of Rights. Ibid. 38, 67. - -[21] Journals, I. 21. - -[22] This association, signed by the delegates, of Maryland, Virginia, -North Carolina, and South Carolina, as well as of the other colonies, -contained, among other things, the following agreement:--"We will -neither import nor purchase any slaves imported after the first day of -December next; after which time we will wholly discontinue the -slave-trade, and will neither be concerned in it ourselves, nor will we -hire our vessels, nor sell our commodities or manufactures, to those who -are concerned in it." Journals, I. 33. - -[23] Journals, I. 56. Oct. 22, 1774. - - - - -CHAPTER II - -1775-1776. - -THE SECOND CONTINENTAL CONGRESS.--FORMATION AND CHARACTER OF THE -REVOLUTIONARY GOVERNMENT.--APPOINTMENT OF A COMMANDER-IN-CHIEF.--FIRST -ARMY OF THE REVOLUTION. - - -A new Continental Congress assembled at Philadelphia on the 10th of May, -1775; and in order to observe the growth of the Union, it is necessary -to trace the organization of this body, and to describe briefly the kind -of sovereignty which it exercised, from the time of its assembling until -the adoption and promulgation of the Declaration of Independence.[24] - -The delegates to this Congress were chosen partly by the popular branch -of such of the colonial legislatures as were in session at the time, the -choice being afterwards ratified by conventions of the people; but they -were principally appointed by conventions of the people held in the -various colonies. All these appointments, except those made in New York, -took place before the battle of Lexington, and most of them had been -made in the course of the previous winter.[25] The credentials of the -delegates, therefore, while they conferred authority to adopt measures -to recover and establish American rights, still expressed, in many -instances, a desire for the restoration of harmony between Great Britain -and her colonies. In some cases, however, this desire was not expressed, -but a naked authority was granted, to consent and agree to all such -measures as the Congress should deem necessary and effectual to obtain a -redress of American grievances. - -When this Congress assembled, it seems to have been tacitly assumed that -each colony should continue to have one vote through its delegation -actually present. All the thirteen colonies were represented at the -opening of the session, except Georgia and Rhode Island. Three days -after the session commenced, a delegate appeared from the Parish of St. -Johns in Georgia, who was admitted to a seat, but did not claim the -right of voting for the colony. On the 15th of May, a delegation from -Rhode Island appeared and took their seats. - -The credentials of the delegates contained no limitation of their powers -with respect to time, with the exception of those from Massachusetts and -South Carolina, whose authority was not to extend beyond the end of the -year. The Congress continued in session until the 1st of August, and -then adjourned for a recess to the 5th of September. When they were -again assembled, the delegations of several of the colonies were -renewed, with different limitations as to their time of service. Georgia -sent a full delegation, who took their seats on the 13th of September. -Still later, the delegations of several other colonies were renewed from -time to time, and this practice was pursued both before and after the -Declaration of Independence, thus rendering the Congress a permanent -body.[26] - -Notwithstanding the absence of any express authority in their -instructions to enter upon revolutionary measures, the circumstances -under which the Congress assembled placed it in the position and cast -upon it the powers of a revolutionary government. Civil war had actually -commenced, and blood had been shed. Whether this war was to be carried -on for independence, or was only to be waged until the British ministry -could be compelled to acknowledge the rights which the colonies had -asserted, the Congress necessarily became, at once, the organ of the -common resistance of the colonies against the parent state. The first -thing which evinces its new relation to the country was the application -made to it by the Provincial Congress of Massachusetts, immediately -after the battle of Lexington, for direction and assistance. While they -informed the Continental Congress that they had proceeded, at once, to -raise a force of thirteen thousand six hundred men, and had made -proposals to the other New England colonies to furnish men in the same -proportions, stating that the sudden exigency of their affairs precluded -the possibility of waiting for direction, they suggested that an -American army ought forthwith to be raised for the common cause.[27] In -the same manner, the city and county of New York applied for the advice -of Congress, how to conduct themselves with regard to the British troops -expected in that quarter. These applications caused the Congress at once -to resolve itself into a committee of the whole, to take into -consideration the state of America.[28] - -These proceedings were soon followed by another application on the part -of the Provincial Convention of Massachusetts, setting forth the -difficulties under which they were laboring for want of a regular form -of government; requesting explicit advice respecting the formation of a -new government; and offering to submit to such a general plan as the -Congress might direct for the colonies, or to endeavor to form such a -government for themselves as should not only promote their own -advantage, but the union and interest of the whole country.[29] - -Placed in this manner at the head of American affairs, the Continental -Congress proceeded, at once, to put the country into a state of defence, -and virtually assumed a control over the military operations of all the -colonies. They appointed committees to prepare reports on military -measures: first, to recommend what posts should be occupied in the city -of New York; secondly, to devise ways and means for procuring ammunition -and military stores; thirdly, to make an estimate of the moneys -necessary to be raised; and fourthly, to prepare rules and regulations -for the government of the army. - -They then proceeded to create a continental, or national army. To the -battle of Lexington had succeeded the investment of Boston, by an army -composed of regiments raised by the New England provinces, under the -command of General Ward of Massachusetts. This army was adopted by the -Congress; and, with other forces raised for the common defence, became -known and designated as the American Continental Army.[30] Six companies -of riflemen were ordered to be immediately raised in Pennsylvania, two -in Maryland, and two in Virginia, and directed to join the army near -Boston, and to be paid by the continent.[31] - -On the 15th of June, 1775, Colonel George Washington, one of the -delegates in Congress from Virginia, was unanimously chosen to be -commander-in-chief of the continental forces.[32] Having accepted the -appointment, he received from the Congress a commission, together with a -resolution by which they pledged their lives and fortunes to maintain, -assist, and adhere to him in his great office, and a letter of -instructions, in which they charged him to make it his special care, -"that the liberties of America receive no detriment."[33] In the -commission given to the general, the style of "the United Colonies" was -for the first time adopted, and the defence of American Liberty was -assumed as the great object of their union.[34] On the 21st of June, -Washington left Philadelphia to take command of the army, and arrived at -Cambridge in Massachusetts on the 2d of July. Four major-generals and -eight brigadier-generals were also appointed by the Congress for the -continental army; rules and regulations for its government were adopted -and proclaimed, and the pay of the officers and privates was fixed.[35] - -The Congress also proceeded, as the legislative authority of the United -Colonies, to create a continental currency, in order to defray the -expenses of the war. This was done by issuing two millions of dollars, -in bills of credit, for the redemption of which the faith of the -confederated colonies was pledged. A quota of this sum was apportioned -to each colony, and each colony was made liable to discharge its -proportion of the whole, but the United Colonies were obligated to pay -any part which either of the colonies should fail to discharge.[36] The -first of these quotas was made payable in four, the second in five, the -third in six, and the fourth in seven years from the last day of -November, 1775, and the provincial assemblies or conventions were -required, by the resolves of the Congress, to provide taxes in their -respective provinces or colonies, to discharge their several quotas.[37] -The Congress also directed reprisals to be made, both by public and -private armed vessels, against the ships and goods of the inhabitants of -Great Britain found on the high seas, or between high and low -water-mark; this being a measure of retaliation against an act of -Parliament, which had authorized the capture and condemnation of -American vessels, and which was considered equivalent to a declaration -of war. They also threw open the ports of the United Colonies to all -the world, except the dominions and dependencies of Great Britain. - -Further, they established a general Treasury Department, by the -appointment of two joint Treasurers of the United Colonies, who were -required to give bonds for the faithful performance of the duties of -their office,[38] and they organized a general Post-Office, by the -appointment of a Postmaster-General for the United Colonies, to hold his -office at Philadelphia, to appoint deputies, and to establish a line of -posts from Falmouth in Massachusetts to Savannah in Georgia, with such -cross posts as he should judge proper.[39] - -The proceedings of the Congress on the subject of the Militia were, of -course, in the nature of recommendations only. They advised the arming -and training of the militia of New York, in May, 1775,[40] and in July -they recommended to all the colonies to enroll all the able-bodied, -effective men among their inhabitants, between sixteen and fifty years -of age, and to form them into proper regiments.[41] The powers of the -Congress to call into the field the militia thus embodied were -considered to be subject to the consent of those exercising the -executive powers of government in the colony, for the time being.[42] - -The relations of the country with the Indian tribes and nations were -deemed to be properly within the exclusive jurisdiction of the Congress. -Three departments of Indian Affairs, Northern, Southern, and Middle, -with separate commissioners for each, were therefore established in -July, having power to treat with the Indians in the name and on behalf -of the United Colonies.[43] Negotiations and treaties were entered into -by these departments, and all affairs with the Indians were conducted by -them, under the direction and authority of the Congress.[44] - -With regard to those inhabitants of the country who adhered to the -royalist side of the controversy, the Congress of 1775-6 did not assume -and exercise directly the powers of arrest or restraint, but left the -exercise of such powers to the provincial assemblies, or conventions, -and committees of safety, in the respective colonies, with -recommendations from time to time as to the mode in which such powers -ought to be exercised.[45] - -Besides all this, the different applications made to the Congress by the -people of Massachusetts,[46] of New Hampshire,[47] of Virginia,[48] and -of South Carolina, concerning the proper exercise of the powers of -government in those colonies, and the answers to those applications, -furnish very important illustrations of the position in which the -Congress were placed. To the people of Massachusetts, they declared -that no obedience was due to the act of Parliament for altering their -charter, and that, as the Governor and Lieutenant-Governor would not -observe the directions of that instrument, but had endeavored to subvert -it, their offices ought to be considered vacant; and, as the Council was -actually vacant, in order to conform as near as might be to the spirit -and substance of the charter, they recommended to the Provincial -Convention to write letters to the inhabitants of the several towns -entitled to representation in the Assembly, requesting them to choose -representatives, and requesting the Assembly when chosen to elect -councillors; adding their wish, that these bodies should exercise the -powers of government until a Governor of the King's appointment would -consent to govern the colony according to its charter.[49] The -Provincial Conventions of New Hampshire, Virginia, and South Carolina -were advised to call a full and free representation of the people, in -order to establish such a form of government as, in their judgment, -would best promote the happiness of the people and most effectually -secure peace and good order in their Provinces, during the continuance -of the dispute with Great Britain.[50] This advice manifestly -contemplated the establishment of provisional governments only. - -But between the date of these last proceedings and the following spring -a marked change took place, both in the expectations and wishes of the -people of most of the colonies, with regard to an accommodation of the -great controversy. The last petition of the Congress to the King was -refused a hearing in Parliament, as emanating from an unlawful assembly, -in arms against their sovereign. In November, the town of Falmouth in -Massachusetts was bombarded and destroyed by the King's cruisers. In the -latter part of December, an act was passed in Parliament, prohibiting -all trade and commerce with the colonies; warranting the capture and -condemnation of all American vessels, with their cargoes, and -authorizing the commanders of the King's ships to compel the masters, -crews, and other persons found in such vessels, to enter the King's -service. The act also empowered the King to appoint commissioners, with -authority to grant pardon, on submission, to individuals and to -colonies, and after such submission to exempt them from its -operation.[51] Great preparations were made to reduce the colonies to -the submission required by this act, and a part of the troops that were -to be employed were foreign mercenaries. - -The necessity of a complete separation from the mother country, and the -establishment of independent governments, had, therefore, in the winter -of 1775-6, become apparent to the people of America. Accordingly, the -Congress, asserting it to be irreconcilable to reason and good -conscience for the people of the colonies any longer to take the oaths -and affirmations necessary for the support of any government under the -crown of Great Britain, and declaring that the exercise of every kind of -authority under that crown ought to be suppressed, and a government of -the people of the colonies substituted in its place, recommended to the -respective assemblies and conventions of the colonies, where no -government sufficient for the exigencies of their affairs had been -already established, to adopt such a government as in the opinion of the -representatives of the people would best conduce to the happiness and -safety of their constituents and of America in general.[52] - - * * * * * - -It is apparent, therefore, that, previously to the Declaration of -Independence, the people of the several colonies had established a -national government of a revolutionary character, which undertook to -act, and did act, in the name and with the general consent of the -inhabitants of the country. This government was established by the -union, in one body, of delegates representing the people of each colony; -who, after they had thus united for national purposes, proceeded, in -their respective jurisdictions, by means of conventions and other -temporary arrangements, to provide for their domestic concerns by the -establishment of local governments, which should be the successors of -that authority of the British crown which they had "everywhere -suppressed." The fact that these local or state governments were not -formed until a union of the people of the different colonies for -national purposes had already taken place, and until the national power -had authorized and recommended their establishment, is of great -importance in the constitutional history of this country; for it shows -that no colony, acting separately for itself, dissolved its own -allegiance to the British crown, but that this allegiance was dissolved -by the supreme authority of the people of all the colonies, acting -through their general agent, the Congress, and not only declaring that -the authority of Great Britain ought to be suppressed, but recommending -that each colony should supplant that authority by a local government, -to be framed by and for the people of the colony itself. - -The powers exercised by the Congress, before the Declaration of -Independence, show, therefore, that its functions were those of a -revolutionary government. It is a maxim of political science, that, when -such a government has been instituted for the accomplishment of great -purposes of public safety, its powers are limited only by the -necessities of the case out of which they have arisen, and of the -objects for which they were to be exercised. When the acts of such a -government are acquiesced in by the people, they are presumed to have -been ratified by the people. To the case of our Revolution, these -principles are strictly applicable, throughout. The Congress assumed, at -once, the exercise of all the powers demanded by the public exigency, -and their exercise of those powers was fully acquiesced in and confirmed -by the people. It does not at all detract from the authoritative -character of their acts, nor diminish the real powers of the -Revolutionary Congress, that it was obliged to rely on local bodies for -the execution of most of its orders, or that it couched many of those -orders in the form of recommendations. They were complied with and -executed, in point of fact, by the provincial congresses, conventions, -and local committees, to such an extent as fully to confirm the -revolutionary powers of the Congress, as the guardians of the rights and -liberties of the country. But we shall see, in the further progress of -the history of the Congress, that while its powers remained entirely -revolutionary, and were consequently coextensive with the great national -objects to be accomplished, the want of the proper machinery of civil -government and of independent agents of its own rendered it wholly -incapable of wielding those powers successfully. - - * * * * * - -NOTE TO PAGE 33. - -ON WASHINGTON'S APPOINTMENT AS COMMANDER-IN-CHIEF. - - The circumstances which attended the appointment of - Washington to this great command are now quite well known. He - had been a member of the Congress of 1774, and his military - experience and accomplishments, and the great resources of - his character, had caused his appointment on all the - committees charged with making preparations for the defence - of the colonies. Returned as a delegate from Virginia to the - Congress of 1775, his personal qualifications pointed him out - as the fittest person in the whole country to be invested - with the command of any army which the United Colonies might - see fit to raise; and it is quite certain that there would - have been no hesitation about the appointment, if some - political considerations had not been suggested as obstacles. - At the moment when the choice was to be made, the scene of - actual operations was in Massachusetts, where an army - composed of troops wholly raised by the New England colonies, - and under the command of General Ward, of that Province, was - besieging the enemy in Boston. This army was to be adopted by - the Congress into the service of the continent, and serious - doubts were entertained by some of the members of the - Congress as to the policy of appointing a Southern general to - the command of it, and a good deal of delicacy was felt on - account of General Ward, who, it was thought, might consider - himself injured by such an appointment. On the other hand, - there were strong reasons for selecting a general-in-chief - from Virginia. That colony had taken the lead, among the - Southern provinces, in the cause of the continent, and the - appointment seemed to be due to her, if it was to be made - upon political considerations. The motives for this policy - were deemed sufficient to outweigh the objections arising - from the character and situation of the army which the - general would, in the first instance, have to command. But - after all, it cannot be doubted, that the preëminent - qualifications of Washington had far more weight with the - majority of the Congress, than any dictates of mere policy, - between one part of the Union and another, or any local - jealousies or sectional ambition. - - Mr. John Adams, whose recently published autobiography - contains some statements on this subject, speaks of the - existence of a Southern party against a Northern, and a - jealousy against a New England army under the command of a - New England general, which, he says, he discovered after the - Congress had been some time in session, and after the - necessity of having an army and a general had become a topic - of conversation. (Works, II. 415.) In a letter, also, written - by Mr. Adams in 1822 to Timothy Pickering, he states that, on - the journey to Philadelphia, he and a party of his - colleagues, the delegates from Massachusetts to this - Congress, were met at Frankfort by Dr. Rush, Mr. Mifflin, Mr. - Bayard, and others of the Philadelphia patriots, who desired - a conference with them; that, in this conference, the - Philadelphia gentlemen strongly advised the Massachusetts - delegates not to come forward with bold measures, or to - endeavor to take the lead; and represented that Virginia was - the most populous State in the Union, proud of its ancient - dominions, and that "they [the Virginians] think they have a - right to take the lead, and the Southern States, and the - Middle States, too, are too much disposed to yield it to - them." - - "I must confess," says Mr. Adams, "that there appeared so - much wisdom and good sense in this, that it made a deep - impression on my mind, and it had an equal effect on all my - colleagues." "This conversation," he continues, "and the - principles, facts, and motives suggested in it, have given a - color, complexion, and character to the whole policy of the - United States from that day to this. _Without it, Mr. - Washington would never have commanded our armies_; nor Mr. - Jefferson have been the author of the Declaration of - Independence; nor Mr. Richard Henry Lee the mover of it; nor - Mr. Chase the mover of foreign connections. _If I have ever - had cause to repent of any part of this policy, that - repentance ever has been and ever will be unavailing._ I had - forgot to say, nor had Mr. Johnson ever have been the - nominator of Washington for general." (Works, II. 512, 513.) - - Without impeaching the accuracy of Mr. Adams's recollection, - on the score of his age when this letter was written, and - without considering here how or why Mr. Jefferson came to be - the author of the Declaration of Independence, it is believed - that Mr. Adams states other facts, in his autobiography, - sufficient to show that motives of policy towards Virginia - were _not_ the sole or the principal reasons why Washington - was elected general. Mr. Adams states in his autobiography, - that at the time when he observed the professed jealousy of - the South against a New England army under the command of a - Northern general, it was very visible to him "that Colonel - Washington was their object"; "and," he adds, "so many of our - stanchest men were in the plan, that we could carry nothing - without conceding it." (Works, II. 415.) When Mr. Adams came, - as he afterwards did, to put himself at the head of this - movement, and to propose in Congress that the army at - Cambridge should be adopted, and that a general should be - appointed, he referred directly to Washington as the person - whom he had in his mind, and spoke of him as "a gentleman - from Virginia who was among us and very well known to all of - us, a gentleman whose skill and experience as an officer, - whose independent fortune, great talents, and excellent - universal character, would command the approbation of all - America, and unite the cordial exertions of all the colonies - better than any other person in the Union. Mr. Washington, - who happened to sit near the door, as soon as he heard me - allude to him, from his usual modesty, darted into the - library-room." (Works, II. 417.) It is quite clear, - therefore, that Mr. Adams put the appointment of Washington, - in public, upon his qualifications and character, known all - over the Union. He further states, that the subject came - under debate, and that nobody opposed the appointment of - Washington on account of any personal objection to him; and - the only objection which he mentions as having been raised, - was on the ground that the army near Boston was all from New - England, and that they had a general of their own, with whom - they were entirely satisfied. He mentions one of the Virginia - delegates, Mr. Pendleton, as concurring in this objection; - that Mr. Sherman of Connecticut and Mr. Cushing of - Massachusetts also concurred in it, and that Mr. Paine of - Massachusetts expressed strong personal friendship for - General Ward, but gave no opinion upon the question. - Afterwards, he says, the subject being postponed to a future - day, "pains were taken out of doors to obtain a unanimity, - and the voices were generally so clearly in favor of - Washington, that the dissentient members were persuaded to - withdraw their opposition, and Mr. Washington was nominated, - I believe, by Mr. Thomas Johnson of Maryland, unanimously - elected, and the army adopted." (Ibid.) - - It is worth while to inquire, therefore, what were the - controlling reasons, which so easily and so soon produced - this striking unanimity. If it was brought about mainly by - the exertions of a Southern against a Northern party, and by - the yielding of Northern men to the Virginians from motives - of policy, it would not have been accomplished with so much - facility, although even a Washington were the candidate of - Virginia. Sectional jealousies and sectional parties inflame - each other; the struggles which they cause are protracted; - and the real merits of men and things are lost sight of in - the passions which they arouse. If policy, as a leading or a - principal motive, gave to General Washington the great body - of the Northern votes, there would have been more - dissentients from that policy than any of the accounts - authorize us to suppose there were, at any moment, while the - subject was under consideration. Nor does the previous - conduct of Virginia warrant the belief, that her subsequent - exertions in the cause of American liberty were mainly - purchased by the honors bestowed upon her great men, or by so - much of precedence as was yielded in the public councils to - the unquestionable abilities of her statesmen. Some of them - had undoubtedly been in favor of measures of conciliation to - a late period; and some of them, as Washington, Patrick - Henry, and Richard Henry Lee, had been, from an early period, - convinced that the sword must decide the controversy. They - were perhaps as much divided upon this point, until the army - at Boston was adopted, as the leading men of other colonies. - But when the necessity of that measure became apparent, it - was the peculiar happiness of Virginia to be able to present - to the country, as a general, a man whose character and - qualifications threw all local and political objects at once - into the shade. In order to form a correct judgment, at the - present day, of the motives which must have produced a - unanimity so remarkable and so prompt, we have only to - recollect the previous history of Washington, as it was known - to the Congress, at the moment when he shrank from the - mention of his name in that assembly. - - He was forty-three years of age. From early youth, he had had - a training that eminently fitted him for the great part which - he was afterwards to play, and which unfolded the singular - capacities of his character to meet the extraordinary - emergencies of the post to which he was subsequently called. - That training had been both in military and in civil life. - His military career had been one of much activity and - responsibility, and had embraced several brilliant - achievements. In 1751, it became necessary to put the militia - of Virginia in a condition to defend the frontiers against - the French and the Indians. The province was divided into - military districts, in each of which an adjutant-general, - with the rank of major, was commissioned to drill and inspect - the militia. Washington, at the age of nineteen, received the - appointment to one of these districts; and in the following - year, the province was again divided into four grand military - divisions, of which the northern was assigned to him as - adjutant-general. In 1753, the French crossed the lakes, to - establish posts on the Ohio, and were joined by the Indians. - Major Washington was sent by the Governor of Virginia to warn - them to retire. This expedition was one of difficulty and of - delicacy. He crossed the Alleghany Mountains, reached the - Ohio, had interviews with the French commander and the - Indians, and returned to Williamsburg to make report to the - Governor. Of this journey, full of perilous adventures and - narrow escapes, he kept a journal, which was published by the - Governor; was copied into most of the newspapers of the other - colonies; and was reprinted in London, as a document of much - importance, exhibiting the views and designs of the French. - In 1754, he was appointed, with the rank of - lieutenant-colonel, second in command of the provincial - troops raised by the Legislature to repel the French - invasion. On the first encounter with a party of the enemy - under Jumonville, on the 28th of May, 1754, the chief command - devolved on Washington, in the absence of his superior. The - French leader was killed, and most of his party were taken - prisoners. Washington commanded also at the battle of the - Great Meadows, and received a vote of thanks for his services - from the House of Burgesses. This was in 1754, when he was at - the age of twenty-two. During the next year, in consequence - of the effect of some new arrangement of the provincial - troops, he was reduced from the rank of colonel to that of - captain, and thereupon retired from the army, with the - consolation that he had received the thanks of his country - for the services he had rendered. In 1755, he consented to - serve as aide-de-camp to General Braddock, who had arrived - from England with two regiments of regular troops. In this - capacity he served in the battle of the Monongahela with much - distinction. The two other aids were wounded and disabled - early in the action, and the duty of distributing the - General's orders devolved wholly upon Washington. It was in - this battle that he acquired with the Indians the reputation - of being under the special protection of the Great Spirit, - because he escaped the aim of many of their rifles, although - two horses were shot under him, and his dress was perforated - by four bullets. His conduct on this occasion became known - and celebrated throughout the country; and when he retired to - Mount Vernon, as he did soon after, at the age of - three-and-twenty, he not only carried with him a decisive - reputation for personal bravery, but he was known to have - given advice to Braddock, before the action, which all men - saw, after it, would, if it had been duly heeded, have - prevented his defeat. But he was not allowed to remain long - in retirement. In August, 1755, he was appointed - commander-in-chief of all the provincial forces of Virginia, - and immediately entered upon the duties of reorganizing the - old and raising new troops, in the course of which he visited - all the outposts along the frontier. Soon afterwards, a - dispute about rank having arisen with a person who claimed to - take precedence of provincial officers because he had - formerly held the King's commission, it became necessary for - Colonel Washington to make a visit to Boston, in order to - have the point decided by General Shirley, the - commander-in-chief of his Majesty's armies in America. He - commenced his journey on the 4th of February, 1756, and - passed through Philadelphia, New York, New London, Newport, - and Providence, and visited the Governors of Pennsylvania and - New York. In all the principal cities his character, and his - remarkable escape at Braddock's defeat, made him the object - of a strong public interest. At Boston, he was received with - marked distinction by General Shirley and by the whole - society of the town, and the question of rank was decided - according to his wishes. General Shirley explained to him the - intended operations of the next campaign; and, after an - absence from Virginia of seven weeks, he returned to resume - his command. The next three years were spent in the duties of - this laborious and responsible position, the difficulties and - embarrassments of which bore a strong resemblance to those - which he afterwards had to encounter in the war of the - Revolution. In 1758, he commanded the Virginia troops in the - expedition against Fort Duquesne, under General Forbes. Great - deference was paid by that officer to his opinions and - judgment, in arranging the line of march and order of battle, - on this important expedition; for the fate of Braddock was - before him. The command of the advanced division, consisting - of one thousand men, was assigned to him, with the temporary - rank of brigadier. When the army had approached within fifty - miles of Fort Duquesne, the French deserted it; its - surrender to the English closed the campaign; and in December - Washington resigned his commission, and retired to Mount - Vernon. What he had been, and what he then was, to the Colony - of Virginia, is shown by the Address presented to him by the - officers of the provincial troops, on his retirement. "In our - earliest infancy," said they, "you took us under your - tuition, trained us up in the practice of that discipline - which alone can constitute good troops, from the punctual - observance of which you never suffered the least deviation. - Your steady adherence to impartial justice, your quick - discernment, and invariable regard to merit, wisely intended - to inculcate those genuine sentiments of true honor and - passion for glory, from which the greatest military - achievements have been derived, first heightened our natural - emulation and our desire to excel. How much we improved by - those regulations and your own example, with what alacrity we - have hitherto discharged our duty, with what cheerfulness we - have encountered the severest toils, especially while under - your particular directions, we submit to yourself, and - flatter ourselves that we have in a great measure answered - your expectations.... It gives us additional sorrow, when we - reflect, to find our unhappy country will receive a loss no - less irreparable than our own. Where will it meet a man so - experienced in military affairs, one so renowned for - patriotism, conduct, and courage? Who has so great a - knowledge of the enemy we have to deal with? Who so well - acquainted with their situation and strength? Who so much - respected by the soldiery? Who, in short, so able to support - the military character of Virginia? Your approved love to - your King and country, and your uncommon perseverance in - promoting the honor and true interest of the service, - convince us that the most cogent reasons only could induce - you to quit it; yet we, with the greatest deference, presume - to entreat you to suspend those thoughts for another year, - and to lead us on to assist in the glorious work of - extirpating our enemies, towards which so considerable - advances have already been made. In you we place the most - implicit confidence. Your presence only will cause a steady - firmness and vigor to actuate every breast, despising the - greatest dangers, and thinking light of toils and hardships, - while led on by the man we know and love. But if we must be - so unhappy as to part, if the exigencies of your affairs - force you to abandon us, we beg it as our last request, that - you will recommend some person most capable to command, whose - military knowledge, whose honor, whose conduct, and whose - disinterested principles we may depend on. Frankness, - sincerity, and a certain openness of soul, are the true - characteristics of an officer, and we flatter ourselves that - you do not think us capable of saying any thing contrary to - the purest dictates of our minds. Fully persuaded of this, we - beg leave to assure you, that, as you have hitherto been the - actuating soul of our whole corps, we shall at all times pay - the most invariable regard to your will and pleasure, and - shall be always happy to demonstrate by our actions with how - much respect and esteem we are," &c. - - Washington's marriage took place soon after his resignation - (January 6th, 1759), and his civil life now commenced. He had - been elected a member of the House of Burgesses, before the - close of the campaign, and in the course of the winter he - took his seat. Upon this occasion, his inability, from - confusion and modesty, to reply to a highly eulogistic - address made to him by the Speaker, Mr. Robinson, drew from - that gentleman the celebrated compliment, "Sit down, Mr. - Washington, your modesty equals your valor, and that - surpasses the power of any language that I possess." He - continued a member of the House of Burgesses until the - commencement of the Revolution, a period of fifteen years. He - was not a frequent speaker; but his sound judgment, quick - perception, and firmness and sincerity of character, gave him - an influence which the habit of much speaking does not give, - and which is often denied to eloquence. As the time drew - near, when the controversies between the colonies and England - began to assume a threatening aspect, he was naturally found - with Henry, Randolph, Lee, Wythe, and Mason, and the other - patriotic leaders of the colonies. His views concerning the - policy of the non-importation agreements were early formed - and made known. In 1769, he took charge of the Articles of - Association, drawn by Mr. Mason, which were intended to bring - about a concert of action between all the colonies, for the - purpose of presenting them to the Assembly, of which Mr. - Mason was not a member. In 1774, he was chosen a member of - the first Virginia Convention, and was by that body elected a - delegate to the first Continental Congress, where he was - undoubtedly the most conspicuous person present. The second - Virginia Convention met in March, 1775, and reflected the - former delegates to the second Continental Congress, from - which Washington was removed by his appointment as - Commander-in-chief. - - There can be no doubt, therefore, that Washington was chosen - Commander-in-chief for his unquestionable merits, and not as - a compromise between sectional interests and local - jealousies. - - (The authorities for the statements in this note concerning - Washington's history are the biographies by Marshall and - Sparks, and the Writings of Washington, edited by the - latter.) - -FOOTNOTES: - -[24] Peyton Randolph, President of the first and reëlected President of -the second Congress, died very suddenly at Philadelphia on the 22d of -October, 1775, and was succeeded in that office by John Hancock. Mr. -Randolph was one of the most eminent of the Virginia patriots, and an -intimate friend of Washington. Richard Henry Lee wrote to Washington, on -the day after his death, that "in him American liberty lost a powerful -advocate, and human nature a sincere friend." He was formerly -Attorney-General of Virginia, and in 1753 went to England as agent of -the House of Burgesses, to procure the abolition of a fee, known as the -pistole fee, which it had been the custom of the Governors of Virginia -to charge for signing land patents, as a perquisite of their office. He -succeeded in getting the fee abolished in cases where the quantity of -land exceeded one hundred acres. He was commander of a company of -mounted volunteers called the Gentlemen Associators, who served in the -French war. He was President of the Virginia Convention, as well as a -Delegate in Congress, at the time of his death. Sparks's Washington, II. -58, 161; III. 139, 140; XII. 420. - -[25] In Massachusetts, Pennsylvania, and Maryland, they were made in -December; in Connecticut, in November; in New Jersey, in January; in -South Carolina, in February; in the Lower Counties on Delaware and in -Virginia, in March; in North Carolina, on the 5th of April; and in New -York, on the 22d of April. - -[26] Virginia renewed her delegation for one year from the 11th of -August, 1775, and Maryland hers with powers to act until the 25th of -March, 1776. These new delegations, as well as that of Georgia, appeared -on the 13th of September, 1775. On the 16th of September, a renewed -delegation appeared from New Hampshire, without limitation of time; -Connecticut sent a new delegation on the 16th of January, 1776, and -Massachusetts did the same on the 31st of January, for the year 1776. -The persons of the delegates were not often changed. - -[27] Journals, I. 81, 82. - -[28] May 15, 1775. Journals, I. 162. - -[29] Journals, I. 112. - -[30] Form of enlistment, Journals, I. 118. - -[31] Ibid. - -[32] See note at end of the chapter. - -[33] Secret Journals of Congress, I. 18; Pitkin's History of the United -States, I. 334, 335. - -[34] Journals, I. 122. - -[35] June 16-July 4, 1775. Journals, I. 112-133. - -[36] Journals, I. 125, June 23, 1775. Ibid., I. 185, July 29, 1775. - -[37] Ibid. - -[38] Journals, I. 186, July 29, 1775. Michael Hillegas and George -Clymer, Esquires, were elected Treasurers. - -[39] Journals, I. 177, 178, July 26, 1775. Dr. Franklin was elected -Postmaster-General for one year, and until another should be appointed -by a future Congress. - -[40] Journals, I. 106. - -[41] Journals, I. 170. - -[42] Journals, I. 285. - -[43] Journals, I. 161, 162. - -[44] Journals, II. 112, 141, 163, 201, 255, 302, 304. - -[45] Journals, I. 213; II. 5. - -[46] June 9, 1775. - -[47] November 3, 1775. - -[48] December 4, 1775. - -[49] Journals, I. 115. - -[50] Journals, I. 231, 235, 279. - -[51] Annual Register. - -[52] May 10, 1776. Journals, II. 166, 174. - - - - -CHAPTER III. - -1776-1777. - -CONTINUANCE OF THE REVOLUTIONARY GOVERNMENT.--DECLARATION OF -INDEPENDENCE.--PREPARATIONS FOR A NEW GOVERNMENT.--FORMATION OF THE -CONTINENTAL ARMY. - - -On the 7th of June, 1776, after the Congress had in fact assumed and -exercised sovereign powers with the assent of the people of America, a -resolution was moved by Richard Henry Lee of Virginia, and seconded by -John Adams of Massachusetts, "That these United Colonies are, and of -right ought to be, free and independent states; and that all political -connection between them and the state of Great Britain is and ought to -be totally suppressed."[53] This resolution was referred to a committee -of the whole, and was debated until the 10th, when it was adopted in -committee. On the same day, a committee, consisting of five members,[54] -was instructed to prepare a declaration "that these United Colonies are, -and of right ought to be, free and independent states; that they are -absolved from all allegiance to the British crown; and that all -political connection between them and the state of Great Britain is, and -ought to be, dissolved." The resolution introduced by Mr. Lee on the -7th was postponed until the 1st of July, to give time for greater -unanimity among the members, and to enable the people of the colonies to -instruct and influence their delegates. - -The postponement was immediately followed by proceedings in the -colonies, in most of which the delegates in Congress were either -instructed or authorized to vote for the resolution of Independence; and -on the 2d of July that resolution received the assent in Congress of all -the colonies, excepting Pennsylvania and Delaware. The Declaration of -Independence was reported by the committee, who had been instructed to -prepare it, on the 28th of June, and on the 4th of July it received the -vote of every colony, and was published to the world.[55] - -This celebrated instrument, regarded as a legislative proceeding, was -the solemn enactment, by the representatives of all the colonies, of a -complete dissolution of their allegiance to the British crown. It -severed the political connection between the people of this country and -the people of England, and at once erected the different colonies into -free and independent states. The body by which this step was taken -constituted the actual government of the nation, at the time, and its -members had been directly invested with competent legislative power to -take it, and had also been specially instructed to do so. The -consequences flowing from its adoption were, that the local allegiance -of the inhabitants of each colony became transferred and due to the -colony itself, or, as it was expressed by the Congress, became due to -the laws of the colony, from which they derived protection;[56] that the -people of the country became thenceforth the rightful sovereign of the -country; that they became united in a national corporate capacity, as -one people; that they could thereafter enter into treaties and contract -alliances with foreign nations, could levy war and conclude peace, and -do all other acts pertaining to the exercise of a national sovereignty; -and finally, that, in their national corporate capacity, they became -known and designated as the United States of America. This Declaration -was the first national state paper in which these words were used as the -style and title of the nation. In the enacting part of the instrument, -the Congress styled themselves "the representatives of the United States -of America in general Congress assembled"; and from that period, the -previously "United Colonies" have been known as a political community, -both within their own borders and by the other nations of the world, by -the title which they then assumed.[57] - -On the same day on which the committee for preparing the Declaration of -Independence was appointed, another committee, consisting of one member -from each colony, was directed "to prepare and digest the form of a -confederation to be entered into between these colonies." This committee -reported a draft of Articles of Confederation, on the 12th of July, -which were debated in Congress on several occasions between that day and -the 20th of August of the same year, at which time a new draft was -reported, and ordered to be printed. The subject was not again resumed, -until the 8th of April, 1777; but, between that date and the 15th of the -following November, sundry amendments were discussed and adopted, and -the whole of the articles, as amended, were printed for the use of the -Congress and the State Legislatures. On the 17th of November, a circular -letter was reported and adopted, to be addressed to the Legislatures of -the thirteen States, recommending to them "to invest the delegates of -the State with competent powers, ultimately, in the name and behalf of -the State, to subscribe Articles of Confederation and Perpetual Union of -the United States, and to attend Congress for that purpose on or before -the 10th day of March next."[58] - -A year and five months had thus elapsed, between the agitation of the -subject of a new form of national government, and the adoption and -recommendation of a form, by the Congress, for the consideration of the -States.[59] During this interval, the affairs of the country were -administered by the Revolutionary Congress, which had been instituted, -originally, for the purpose of obtaining redress peaceably from the -British ministry, but which afterwards became _de facto_ the government -of the country, for all the purposes of revolution and independence. In -order to appreciate the objects of the Confederation, the obstacles -which it had to encounter, and the mode in which those obstacles were -finally overcome, it is necessary here to take a brief survey of the -national affairs during the period beginning with the commencement of -the war and the Declaration of Independence, and extending to the date -of the submission of the Articles of Confederation to the State -Legislatures. From no point of view can so much instruction be derived, -as from the position in which Washington stood, during this period. By -following the fortunes and appreciating the exertions of him who had -been charged with the great military duty of achieving the liberties of -the country, and especially by observing his relations with the -government that had undertaken the war, we can best understand the -fitness of that government for the great task to which it had been -called. - -The continental government, which commissioned and sent General -Washington to take the command of the army which it had adopted, -consisted solely of a body of delegates, chosen to represent the people -of the several colonies or states, for certain purposes of national -defence, safety, redress, and revolution. When the war had actually -commenced, and the United Colonies were engaged in waging it, the -Congress possessed, theoretically and rightfully, large political -powers, of a vague revolutionary nature; but practically, they had -little direct civil power, either legislative or executive. They were -obliged to rely almost wholly on the legislatures, provincial congresses -and committees, or other local bodies of the several colonies or states, -to carry out their plans. When Washington arrived at Cambridge and found -the army then encamped around Boston in a state requiring it to be -entirely remodelled, he came as the general of a government which could -do little more for him than recommend him to the Provincial Congress, to -the Committee of Safety, and to the prominent citizens of Massachusetts -Bay. The people of the United States, at the present day, surrounded by -the apparatus of national power, can form some idea of Washington's -position, and of that of the government which he served, from the fact -that, when he left Philadelphia to take the command of the army, he -requested the Massachusetts delegates to recommend to him bodies of men -and respectable individuals, to whom he might apply, to get done, -through voluntary coöperation, what was absolutely essential to the -existence of that army.[60] In truth, the whole of his residence in -Massachusetts during the summer of 1775, and the winter of 1775-6, until -he saw the British fleet go down the harbor of Boston, was filled with -complicated difficulties, which sprang from the nature of the -revolutionary government and the defects in its civil machinery, far -more than from any and all other causes. These difficulties required the -exertion of great intellectual and physical energy, the application of -consummate prudence and forecast, and the patience and fortitude which -in him were so happily combined with power. They would have broken down -many of the greatest generals whom the world has seen; but it is our -good fortune to be able to look back upon his efforts to encounter them -as among the more prominent and striking manifestations of the strength -of Washington's mind and character, and as among the most valuable -proofs of what we owe to him. - -On the one side of him was the body of delegates, sitting at -Philadelphia, by whom he had been commissioned, who constituted the -government of America, and from whom every direction, order, or -requisition, concerning national affairs, necessarily proceeded. On the -other side were the Provincial Congresses, and other public bodies of -the New England colonies, on whom he and the Congress were obliged to -rely for the execution of their plans. He was compelled to become the -director of this complicated machinery. There were committees of the -Congress, charged with the different branches of the public service; but -General Washington was obliged to attend personally to every detail, and -to suggest, to urge, and to entreat action upon all the subjects that -concerned the army and the campaign. His letters, addressed to the -President of Congress, were read in that body, and votes or resolutions -were passed to give effect to his requests or recommendations. But this -was not enough. Having obtained the proper order or requisition, he was -next obliged to see that it was executed by the local bodies or -magistrates, with whom he not infrequently was forced to discuss the -whole subject anew. He met with great readiness of attention, and every -disposition to make things personally convenient and agreeable to him; -but he found, as he has recorded, a vital and inherent principle of -delay, incompatible with military service, in the necessity he was under -to transact business through such numerous and different channels.[61] -His applications to the Governor of Connecticut for hunting-shirts for -the army;[62] to the Governor of Rhode Island for powder;[63] to the -Massachusetts Provincial Congress to apprehend deserters and to furnish -supplies;[64] and to the New York Provincial Congress to prevent their -citizens from trading with the enemy in Boston,[65]--together with the -earnest appeals which he was obliged to make on these and many other -subjects, which should never have been permitted to embarrass -him,--show how feeble were the powers and how defective was the -machinery of the government which he served. - -But there are two or three topics which it will be necessary to examine -more particularly, in order fully to understand the character and -working of the revolutionary government. The first of these is the -formation of the army. - -In order to carry on a war of any duration, it is the settled result of -all experience, that the soldier should be bound to serve for a period -long enough to insure discipline and skill, and should be under the -influence of motives which look to substantial pecuniary rewards, as -well as those founded on patriotism. According to Washington's -experience, this is as true of officers as it is of common soldiers; and -undoubtedly no army can be formed, and kept long enough in the field to -be relied upon for the accomplishment of great purposes, if these maxims -are neglected in its organization. - -Unfortunately, the Revolutionary Congress, at the very commencement of -the war, committed the serious error of enlisting soldiers for short -periods. When Washington arrived at Cambridge, the army which the -Congress had just adopted as the continental establishment consisted of -certain regiments, raised on the spur of the moment by the provinces of -Massachusetts, New Hampshire, Rhode Island, and Connecticut; acting -under their respective officers; regulated by their own militia laws; -and, with the exception of those from Massachusetts, under no legal -obligation to obey the general then in command. The terms of service of -most of these men would expire in the autumn; and as they had enlisted -under their local governments for a special object, and had not been in -service long enough to have merged their habits of thinking and feeling, -as New England citizens, in the character of soldiers, they denied the -power of their own governments or of the Congress to transfer them into -another service, or to retain them after their enlistments had -expired.[66] The army was therefore to be entirely remodelled; or, to -speak more correctly, an army was to be formed, by making enlistments -under the Articles of War which had been adopted by the Congress, and by -organizing new regiments and brigades under officers holding continental -commissions. But the greatest difficulties had to be encountered in this -undertaking. The continental Articles of War required a longer term of -service than any of these troops had originally engaged for, and the -rules and regulations were far more stringent than the discipline to -which they had hitherto been subjected. There was, moreover, great -reluctance, on the part of both officers and men, to serve in regiments -consisting of the inhabitants of different colonies. A Connecticut -captain would not serve under a Massachusetts colonel; a Massachusetts -colonel was unwilling to command Rhode Island men; and the men were -equally indisposed to serve under officers from another colony, or under -any officers, in fact, but those of their own choosing.[67] - -In this state of things, a committee, consisting of Dr. Franklin, Mr. -Lynch, and Colonel Harrison, was sent by the Congress to confer with -General Washington and with the local governments of the New England -colonies, on the most effectual method of continuing, supporting, and -regulating a continental army.[68] This committee arrived at Cambridge -on the 18th of October, and sat until the 24th.[69] They rendered very -important services to the commander-in-chief, in the organization of the -army; but in forming this first military establishment of the Union, the -strange error was committed by the Congress, of enlisting the men for -the term of one year only, if not sooner discharged;--a capital mistake, -the consequences of which were severely felt throughout the whole war. - -There is no reason to suppose that General Washington concurred in the -expediency of such short enlistments, then or at any other time; but he -was obliged to yield to the pressure of the causes to which the mistake -is fairly to be attributed. In fact, we find him, in a short time after -the new system had been put into operation, pointing it out as a fatal -error, in a letter to the President of Congress.[70] The error may have -been owing to the character of the government, to the opinions and -prejudices prevailing in Congress, and to the delusive idea, which still -lingered in the minds of many of the members, that, although the sword -had been drawn, the scabbard was not wholly thrown aside, and that they -should be able to coerce the British ministry into a redress of -grievances, which might be followed by a restoration of the relations -between the colonies and the mother country, upon a constitutional -basis. No such idea was entertained by Washington, from the beginning. -He entertained no thought of accommodation, after the measures adopted -in consequence of the battle of Bunker's Hill. - -But at the time of which we are treating, the issue had not been made, -as Washington would have made it; and, when we consider the state of -things before the Declaration of Independence was adopted, and look -attentively at the objects for which the Congress had been assembled, -and at the nature of their powers, we may perceive how they came to make -the mistake of not organizing a military establishment on a more -permanent footing. - -The delegates to the first Congress were, as we have seen, sent with -instructions, which were substantially the same in all the colonies. -These instructions, in some instances, looked to "a redress of -grievances," and in others, to "the recovery and establishment of the -just rights and liberties of the colonies"; and the delegates were -directed "to deliberate upon wise and proper measures, to be by them -recommended to all the colonies," for the attainment of these objects. -But with this was coupled the declared object of a "restoration of union -and harmony" upon "constitutional principles." We have seen how far this -body proceeded towards a revolution. The second, or Revolutionary -Congress, was composed of delegates who were originally assembled under -similar instructions; but the conflict of arms that had already taken -place, between the times of their respective appointments and the date -of their meeting, had materially changed the posture of affairs. Powers -of a revolutionary nature had been cast upon them, by the force of -circumstances; and when they finally resolved to take the field, the -character of those powers, as understood and acted upon by themselves, -is illustrated by the commission which they issued to their -General-in-chief, which embraced in its scope the whole vast object of -"the defence of American liberty, and the repelling every hostile -invasion thereof," by force of arms, and "by the rules and discipline of -war, as herewith given." - -It is obvious, therefore, that, at the time when the first continental -army was to be formed, the powers of the national government were very -broad, although vague and uncertain. There seems to have been no reason, -upon principle, why they should not have adopted decrees, to be executed -by their own immediate agents, and by their own direct force. But a -practical difficulty embarrassed and almost annulled this theoretical -and rightful power. The government of the Congress rested on no -definite, legislative faculty. When they came to a resolution, or vote, -it constituted only a voluntary compact, to which the people of each -colony pledged themselves, by their delegates, as to a treaty, but which -depended for its observance entirely on the patriotism and good faith of -the colony itself. No means existed of compelling obedience from a -delinquent colony, and the government was not one which could operate -directly upon individuals, unless it assumed the full exercise of powers -derived from the revolutionary objects at which it aimed. These powers -were not assumed and exercised to their full extent, for reasons -peculiar to the situation of the country, and to the character, habits, -and feelings of the people. - -The people of the colonies had indeed sent their delegates to a -Congress, to consult and determine upon the measures necessary to be -adopted, in order to assert and maintain their rights. But they had -never been accustomed to any machinery of government, or legislation, -other than that existing in their own separate jurisdictions. They had -imparted to the Congress no proper legislative authority, and no civil -powers, except those of a revolutionary character. This revolutionary -government was therefore entirely without civil executive officers, -fundamental laws, or control over individuals; and the union of the -colonies, so far as a union had taken place, was one from which any -colony could withdraw at any time, without violating any legal -obligation. - -In addition to this, the popular feeling on the subject of the -grievances existing, and of the measures that ought to be taken for -redress, was quite different in the different colonies, before the -Declaration of Independence was adopted. The leading patriotic or Whig -colonies made common cause with each other, with great spirit and -energy, and the more lukewarm followed, but with unequal steps.[71] -Virginia had, upon the whole, less to complain of than Massachusetts; -but she adopted the whole quarrel of her Northern sister, with the -firmness of her Washington and the ardor of her Henry. New York, on the -other hand, for a considerable period, and down to the month of January, -1775, stood nearly divided between the Whigs and the Tories, and did not -choose its delegates to the second Congress until the 20th of -April,--twenty days only before that body assembled.[72] - -One of the most striking illustrations, both of the character of the -revolutionary government and of the state of the country, is presented -by the proceedings respecting the Loyalists, or, as they were called, -the Tories. This is not the place to consider whether the American -Loyalists were right or wrong in adhering to the crown. Ample justice is -likely to be done, in American history, to the characters and motives of -those among them whose characters and motives were pure. From a sense of -duty, or from cupidity, or from some motive, good or bad, they made -their election to adhere to the public enemy; and they were, therefore, -rightfully classed, according to their personal activity and importance, -among the enemies of the country, by those whose business it was to -conduct its affairs and to fight its battles. General Washington was, at -a very early period, of opinion, that the most decisive steps ought to -be taken with these persons; and he seems at first to have acted as if -it belonged, as in fact it did properly belong, to the commander of the -continental forces to determine when and how they should be arrested. He -first had occasion to act upon the subject in November, 1775, when he -sent Colonel Palfrey, one of his aids, into New Hampshire, with orders -to seize every officer of the royal government, who had given proofs of -an unfriendly disposition to the American cause, and when he had secured -them, to take the opinion of the Provincial Congress, or Committee of -Safety, in what manner to dispose of them in that Province.[73] - -Early in the month of January, 1776, General Washington was led to -suppose that the enemy were about to send from Boston a secret -expedition by water, for the purpose of taking possession of the city of -New York; and it was believed that a body of Tories on Long Island, -where they were numerous, were about rising, to join the enemy's forces -on their arrival. While Washington was deliberating whether he should be -warranted in sending an expedition to check this movement and to prevent -the city from falling into the hands of the enemy, without first -applying to Congress for a special authority, he received a letter from -Major-General Charles Lee, offering to go into Connecticut, to raise -volunteers, and to march to the neighborhood of New York, for the -purpose of securing the city and suppressing the anticipated -insurrection of the Tories.[74] He was inclined to adopt Lee's -suggestion, but doubted whether he had power to disarm the people of an -entire district, as a military measure, without the action of the civil -authority of the Province. Upon this point, he consulted Mr. John Adams, -who was then attending the Provincial Congress of Massachusetts. Mr. -Adams gave it, unhesitatingly, as his clear opinion, that the commission -of the Commander-in-chief extended to the objects proposed in General -Lee's letter; and he reminded General Washington, that it vested in him -full power and authority to act as he should think for the good and -welfare of the service.[75] Lee was thereupon authorized to raise -volunteers and to proceed to the city of New York, which he was -instructed to prevent from falling into the hands of the enemy, by -putting it into the best posture of defence and by disarming all persons -upon Long Island and elsewhere, (and, if necessary, by otherwise -securing them,) whose conduct and declarations had rendered them justly -suspected of designs unfriendly to the views of the Congress.[76] At the -same time, General Washington wrote to the Committee of Safety of New -York, informing them of the instructions which he had given to General -Lee, and requesting their assistance; but without placing Lee under -their authority.[77] - - * * * * * - -It happened, that at this time, while Washington was considering the -expediency of sending this expedition, the Congress had under -consideration the subject of disarming the Tories in Queen's County, -Long Island, where the people had refused to elect members to the -Provincial Convention.[78] Two battalions of minute-men had been ordered -to enter that county, at its opposite sides, on the same day, and to -disarm every inhabitant who had voted against choosing members to the -Convention.[79] A part of these orders were suddenly countermanded, and -in place of the minute-men from Connecticut, three companies were -ordered to be detailed for this service from the command of Lord -Stirling. This change in the original plan was made on the 10th of -January; and when Washington received notice of it from Lee, he seems to -have understood it as an abandonment of the whole scheme of the -expedition,--a course which he deeply regretted.[80] He thought, that -the period had arrived when nothing less than the most decisive measures -ought to be pursued; that the enemies of the country were sufficiently -numerous on the other side of the Atlantic, and that it was highly -important to have as few internal ones as possible. But supposing that -Congress had changed their determination, he directed Lee to disband his -troops so soon as circumstances would in his judgment admit of it.[81] -Lee was at this time at Stamford in Connecticut, with a body of about -twelve hundred men, whom he had raised in that colony, preparing to -march to New York to execute the different purposes for which he had -been detached. On the 22d of January,--the day before the date of -General Washington's letter to him directing him to disband his -forces,--he had written to the President of Congress, urging in the -strongest terms the expediency of seizing and disarming the Tories;[82] -and he immediately communicated to Washington the fact of his having -done so. Washington wrote again on the 30th, informing Lee that General -Clinton had gone from Boston on some expedition with four or five -hundred men; that there was reason to believe that this expedition had -been sent on the application of Tryon, the royal Governor of New York, -who, with a large body of the inhabitants, would probably join it; and -that the Tories ought, therefore, to be disarmed at once, and the -principal persons among them seized. He also expressed the hope that -Congress would empower General Lee to act conformably to both their -wishes; but that, if they should order differently, their directions -must be obeyed.[83] - -General Washington was mistaken in supposing that Congress had resolved -to abandon the expedition against the Tories of Queen's County. That -expedition had actually penetrated the county, under Colonel Heard, who -had arrested nineteen of the principal inhabitants and conducted them to -Philadelphia. Congress directed them to be sent to New York, and -delivered to the order of the Convention of that Colony, until an -inquiry could be instituted by the Convention into their conduct, and a -report thereon made to Congress.[84] - -This destination of the prisoners had become necessary, in consequence -of the local fears and jealousies excited by the approach of General Lee -to the city of New York, at the head of a force designed to prevent it -from falling into the possession of the enemy. The inhabitants of the -city were not a little alarmed at the idea of its becoming a post to be -contended for; and the Committee of Safety wrote to General Lee -earnestly deprecating his approach.[85] Lee replied to them, and -continued his march, inclosing their letter to Congress. It was received -in that body on the 26th, and a committee of three members was -immediately appointed to repair to New York, to consult and advise with -the Council of Safety of the Colony, and with General Lee, respecting -the defence of the city.[86] The Provincial Congress of New York were in -session at the time of the arrival of this committee,[87] and, in -consequence of the temper existing in that body and in the local -committees, the Continental Congress found themselves obliged to recede -from the course which they had taken of disarming the Tories of Queen's -County by their own action, and to submit the whole subject again to the -colonial authorities everywhere, by a mere recommendation to them to -disarm all persons, within their respective limits, notoriously -disaffected to the American cause.[88] - -Thus, after having resolved on the performance of a high act of -sovereignty, which was entirely within the true scope of their own -powers, and eminently necessary, the Congress was obliged to content -itself with a recommendation on the subject to the colonial authorities; -not only because it felt itself, as a government, far from secure of the -popular coöperation in many parts of the country, but because it had not -finally severed the political tie which had bound the country to the -crown of Great Britain, and because it had no civil machinery of its -own, through which its operations could be conducted. - -Another topic, which illustrates the character of the early -revolutionary government, is the entire absence, at the period now under -consideration, of a proper national tribunal for the determination of -questions of Prize;--a want which gave General Washington great trouble -and embarrassment, during his residence at Cambridge and for some time -afterwards. As this subject is connected with the origin of the American -Navy, a brief account may here be given of the commencement of naval -operations by the United Colonies. - - * * * * * - -When General Washington arrived at Cambridge, no steps had been taken by -the Continental Congress towards the employment of any naval force -whatever. In June, 1775, two small schooners had been fitted out by -Rhode Island, to protect the waters of that Colony from the depredations -of the enemy; and in the same month, the Provincial Congress of -Massachusetts resolved to provide six armed vessels; but none of them -were ready in the month of October.[89] In the early part of that month, -the first movement was made by the Continental Congress towards the -employment of any naval force. General Washington was then directed to -fit out two armed vessels, with all possible despatch, to sail for the -mouth of the St. Lawrence, in order to intercept certain ships from -England bound to Quebec with powder and stores. He was to procure these -vessels from the government of Massachusetts.[90] The authorities of -Massachusetts had then made no such provision; but in the latter part -of August, General Washington had, on the broad authority of his -commission, proceeded to fit out six armed schooners, to cruise in the -waters of Massachusetts Bay, so as to intercept the enemy's supplies -coming into the port of Boston. One of them sailed in September, and in -the course of a few weeks they were all cruising between Cape Ann and -Cape Cod.[91] - -On the 17th of September, 1775, the town of Falmouth in Massachusetts -(now Portland in Maine) was burnt by the enemy. This act stimulated the -Continental Congress to order the fitting out of two armed vessels on -the 26th of October, and of two others, on the 30th. It also stimulated -the Massachusetts Assembly to issue letters of marque and reprisal, and -to pass an act establishing a court to try and condemn all captures made -from the enemy, by the privateers and armed vessels of that Colony. - -In the autumn of this year, therefore, there were two classes of armed -vessels cruising in the waters of Massachusetts: one consisting of those -sailing under the continental authority, and the other consisting of -those sailing under the authority of the Massachusetts Assembly. -Captures were made by each, and some of those sailing under the -continental authority were quite successful. Captain Manly, commanding -the Lee, took, in the latter part of November, a valuable prize, with a -large cargo of arms, ammunition, and military tools; and several other -captures followed before any provision had been made for their -condemnation,--a business which was thus thrown entirely upon the hands -of General Washington. - -The court established by the Legislature of Massachusetts, at its -session in the autumn of 1775, for the trial and condemnation of all -captures from the enemy, was enabled to take cognizance only of captures -made by vessels fitted out by the Province, or by citizens of the -Province. As the cruisers fitted out at the continental expense did not -come under this law, General Washington early in November called the -attention of Congress to the necessity of establishing a court for the -trial of prizes made by continental authority.[92] On the 25th of -November, the Congress passed resolves ordering all trials of prizes to -be held in the court of the colony into which they should be brought, -with a right of appeal to Congress.[93] But these resolves do not seem -to have been, for a considerable period of time, communicated to General -Washington; for, during the months of November, December, and January, -he supposed it to be necessary for him to attend personally to the -adjudication of prizes made by continental vessels,[94] and it was not -until the early part of February that the receipt of the resolves of -Congress led to a resort to the jurisdiction of the admiralty court of -Massachusetts. When, however, this was done, an irreconcilable -difference was found to exist between the resolves of Congress and the -law of the Colony respecting the proceedings; the trials were stopped -for a long time, to enable the General Court of Massachusetts to alter -their law, so as to make it conform to the resolves; and in the mean -while, many of the captors, weary of the law's delay, applied, without -waiting for the decisions, for leave to go away, which General -Washington granted.[95] As late as the 25th of April, 1776, there had -been no trials of any of the prizes brought into Massachusetts Bay. At -that date, General Washington wrote to the President of Congress, from -New York, that some of the vessels which he had fitted out were laid up, -the crews being dissatisfied because they could not obtain their -prize-money; that he had appealed to the Congress on the subject; and -that, if a summary way of proceeding were not resolved on, it would be -impossible to have the continental vessels manned. At this time Captain -Manly and his crew had not received their share of the valuable prize -taken by them in the autumn previous.[96] - - * * * * * - -Another remarkable defect in the revolutionary government was found in -the mode in which it undertook to supply the means of defraying the -public expenses. It was a government entirely without revenues of any -kind; for, in constituting the Congress, the colonies had not clothed -their delegates with power to lay taxes, or to establish imposts. At the -time when hostilities were actually commenced, the commerce of the -country was almost totally annihilated; so that if the Congress had -possessed power to derive a revenue from commerce, little could have -been obtained for a long period after the commencement of the war. But -the power did not exist; money in any considerable quantity could not be -borrowed at home; the expedient of foreign loans had not been suggested; -and consequently the only remaining expedient to which the Congress -could resort was, like other governments similarly situated, to issue -paper money. The mode in which this was undertaken to be done was, in -the first instance, to issue two millions of Spanish milled dollars, in -the form of bills, of various denominations, from one dollar to eight -dollars each, and a few of twenty dollars, designed for circulation as -currency. The whole number of bills which made up the sum of $2,000,000 -was 403,800.[97] The next emission amounted to $1,000,000, in bills of -thirty dollars each, and was ordered on the 25th of July.[98] When the -bills of the first emission were prepared, it would seem to have been -the practice to have them signed by a committee of the members; but this -was found so inconvenient, from the length of time during which it -withdrew the members from the other business of Congress, that, when the -second emission was ordered, a committee of twenty-eight citizens of -Philadelphia was appointed for the purpose, and the bills were ordered -to be signed by any two of them.[99] At this time, no continental -Treasurers had been appointed.[100] - -Such a clumsy machinery was poorly adapted to the supply of a currency -demanded by the pressing wants of the army and of the other branches of -the public service. The signers of the bills were extremely dilatory in -their work. In September, 1775, the paymaster and commissary, at -Cambridge, had not a single dollar in hand, and they had strained their -credit, for the subsistence of the army, to the utmost; the greater part -of the troops were in a state not far from mutiny, in consequence of the -deduction which had been made from their stated allowance; and there was -imminent danger, if the evil were not soon remedied, and greater -punctuality observed, that the army would absolutely break up. In -November, General Washington deemed it highly desirable to adopt a -system of advanced pay, but the unfortunate state of the military chest -rendered it impossible. There was not cash sufficient to pay the troops -for the months of October and November. Through the months of December -and January, the signing of the bills did not keep pace with the demands -of the army, notwithstanding General Washington's urgent remonstrances; -and in February his wants became so pressing, that he was obliged to -borrow twenty-five thousand pounds of the Province of Massachusetts Bay, -in order that the recruiting service might not totally cease.[101] - -These facts show significantly, that, before the Declaration of -Independence, scarcely any progress had been made towards the formation -of a national government with definite powers and appropriate -departments. In matters of judicature, and in measures requiring -executive functions and authority, the Congress were obliged to rely -almost entirely upon the local institutions and the local civil -machinery of the different colonies; while, in all military affairs, the -very form of the revolutionary government was unfavorable to vigor, -despatch, and consistent method. There were also causes existing in the -temper and feelings of many of the members of that government, both -before and after the Declaration of Independence, which, at times, -prevented the majority from acting with the decision and energy demanded -by the state of their affairs. Many excellent and patriotic men in the -Congress of 1775-6, while they concurred fully in the necessity for -resistance to the measures of the British ministry, and had decided, or -were fast deciding, that a separation must take place, still entertained -a great jealousy of standing armies. This jealousy began to exhibit -itself very soon after the appointment of the Commander-in-chief, and -was never wholly without influence in the proceedings of Congress -during the entire period of the war. It led to a degree of reliance upon -militia, which, in the situation of the colonies, was too often -demonstrated to be a weak and fatal policy.[102] - - * * * * * - -NOTE TO PAGE 51. - -ON THE DECLARATION OF INDEPENDENCE. - - The Declaration of Independence was drawn by Thomas - Jefferson; and the circumstances under which he was selected - for this honorable and important task have been for more than - a quarter of a century somewhat in doubt, and that doubt has - been increased by the recent publication of a part of the - Works of Mr. John Adams. The evidence on the subject is to be - derived chiefly from statements made by both of these eminent - persons in their memoirs, and in a letter written by each of - them. We have seen, in a former note, that in 1822 Mr. Adams - declared, that had it not been for a conversation which - occurred in 1775, before the meeting of the Congress of that - year, between himself and his Massachusetts colleagues and - certain of the Philadelphia "sons of liberty," in which the - Massachusetts members were advised to concede precedence to - Virginia, from motives of policy, and but for the principles, - facts, and motives suggested in that conversation, many - things would not have happened which did occur, and among - them, that Mr. Jefferson never would have been the author of - the Declaration of Independence. In regard to the same - speculation, concerning the election of Washington as - Commander-in-chief, I have ventured, on Mr. Adams's own - authority, to suggest doubts whether that election ought now - to be considered to have turned upon motives which Mr. Adams - made so prominent in 1822. In regard to the authorship of the - Declaration of Independence, I shall only endeavor to state - fairly and fully the conflicting evidence, in order that the - reader may judge what degree of weight ought to be assigned - to the cause, _without_ which Mr. Adams supposed Mr. - Jefferson would not have been selected to draft it. - - Mr. Jefferson, as it appeared when his writings came to be - published in 1829, wrote in 1821, when at the age of - seventy-seven, a memoir of some of the public transactions in - which he had been engaged. At this time, he had in his - possession a few notes of the debates which took place in - Congress on the subject of Independence, and which he made at - the time. These notes he inserted bodily, as they stood, in - his memoir, and they are so printed. (Jefferson's Works, I. - 10-14.) They are easily distinguishable from the text of the - memoir, but they do not appear to throw any especial light - upon the fact now in controversy; although, as Mr. Jefferson, - in 1823, when writing on this subject, supported his - recollection by "written notes, taken at the moment and on - the spot," it is proper to allow that those notes may in some - way have aided his memory, although we cannot now see in what - way they did so. He made this latter reference in a letter - which he wrote to Mr. Madison, in reply to the statements in - Mr. Adams's letter to Timothy Pickering, under date of August - 6, 1822. (Jefferson's Works, IV. 375, 376.) - - At or near the beginning of the present century, Mr. Adams, - then about sixty-six, wrote an autobiography, which has - recently been published [1850], and in which he gave an - account of the authorship of the Declaration. In 1822, when - about eighty-six, Mr. Adams wrote the letter to Mr. - Pickering, which called forth Mr. Jefferson's contradiction - in his letter to Mr. Madison, under date of August 30, 1823. - (Adams's Works, II. 510-515.) Mr. Jefferson, in his memoir - written in 1821, states simply that the committee for drawing - the Declaration desired him to do it; that he accordingly - wrote it, and that, being approved by the committee, he - reported it to the Congress on Friday, the 28th of June, when - it was read and ordered to lie on the table; and that on - Monday, the 1st of July, the Congress, in committee of the - whole, proceeded to consider it. "The pusillanimous idea," he - continues, "that we had friends in England worth keeping - terms with, still haunted the minds of many. For this reason, - those passages which conveyed censures on the people of - England were struck out, lest they should give them offence. - The clause, too, reprobating the enslaving the inhabitants of - Africa, was struck out in complaisance to South Carolina and - Georgia, who had never attempted to restrain the importation - of slaves, and who, on the contrary, wished to continue it. - Our Northern brethren, also, I believe, felt a little tender - under those censures; for though their people had very few - slaves themselves, yet they had been pretty considerable - carriers of them to others. The debates having taken up the - greater parts of the 2d, 3d, and 4th days of July, were, on - the evening of the last, closed." (Jefferson's Works, I. 14, - 15.) - - In Mr. Adams's autobiography, the following account is - given:--"The Committee of Independence were Thomas Jefferson, - John Adams, Benjamin Franklin, Roger Sherman, and Robert R. - Livingston. Mr. Jefferson had been now about a year a member - of Congress, but had attended his duty in the house a very - small part of the time, and, when there, had never spoken in - public. During the whole time I sat with him in Congress, I - never heard him utter three sentences together. It will - naturally be inquired how it happened that he was appointed - on a committee of such importance. There were more reasons - than one. Mr. Jefferson had the reputation of a masterly pen; - he had been chosen a delegate in Virginia, in consequence of - a very handsome public paper which he had written for the - House of Burgesses, which had given him the character of a - fine writer. Another reason was, that Mr. Richard Henry Lee - was not beloved by the most of his colleagues from Virginia, - and Mr. Jefferson was set up to rival and supplant him. This - could be done only by the pen, for Mr. Jefferson could stand - no competition with him or any one else in elocution and - public debate.... The committee had several meetings, in - which were proposed the articles of which the Declaration was - to consist, and minutes made of them. The committee then - appointed Mr. Jefferson and me to draw them up in form, and - clothe them in a proper dress. The sub-committee met, and - considered the minutes, making such observations on them as - then occurred, when Mr. Jefferson desired me to take them to - my lodgings, and make the draft. This I declined, and gave - several reasons for declining: 1. That he was a Virginian, - and I a Massachusettensian. 2. That he was a Southern man, - and I a Northern one. 3. That I had been so obnoxious for my - early and constant zeal in promoting the measure, that any - draft of mine would undergo a more severe scrutiny and - criticism in Congress than one of his composition. 4. And - lastly, and that would be reason enough if there were no - other, I had a great opinion of the elegance of his pen, and - none at all of my own. I therefore insisted that no - hesitation should be made on his part. He accordingly took - the minutes, and in a day or two produced to me his draft. - Whether I made or suggested any corrections I remember not. - The report was made to the committee of five, by them - examined, but whether altered or corrected in any thing, I - cannot recollect. But, in substance, at least, it was - reported to Congress, where, after a severe criticism, and - striking out several of the most oratorical paragraphs, it - was adopted on the 4th of July, 1776, and published to the - world." (Adams's Works, II. 511-515.) - - The account in Mr. Adams's letter to Mr. Pickering is as - follows:--"You inquire why so young a man as Mr. Jefferson - was placed at the head of the committee for preparing a - Declaration of Independence? I answer, it was the Frankfort - advice to place Virginia at the head of every thing. Mr. - Richard Henry Lee might be gone to Virginia, to his sick - family, for aught I know; but that was not the reason of Mr. - Jefferson's appointment. There were three committees - appointed at the same time. One for the Declaration of - Independence, another for preparing Articles of - Confederation, and another for preparing a treaty to be - proposed to France. Mr. Lee was chosen for the Committee of - Confederation, and it was not thought convenient that the - same person should be upon both. Mr. Jefferson came into - Congress in June, 1775, and brought with him a reputation for - literature, science, and a happy talent of composition. - Writings of his were handed about, remarkable for their - peculiar felicity of expression. Though a silent member in - Congress, he was so prompt, frank, explicit, and decisive - upon committees and in conversation,--not even Samuel Adams - was more so,--that he soon seized upon my heart; and upon - this occasion I gave him my vote, and did all in my power to - procure the votes of others. I think he had one more vote - than any other, and that placed him at the head of the - committee. I had the next highest number, and that placed me - second. The committee met, discussed the subject, and then - appointed Mr. Jefferson and me to make the draft, I suppose - because we were the two first on the list. The sub-committee - met. Jefferson proposed to me to make the draft. I said, 'I - will not.' 'You should do it.' 'O, no.' 'Why will you not? - You ought to do it.' 'I will not.' 'Why?' 'Reasons enough.' - 'What can be your reasons?' 'Reason first,--You are a - Virginian, and a Virginian ought to appear at the head of - this business. Reason second,--I am obnoxious, suspected, and - unpopular. You are very much otherwise. Reason third,--You - can write ten times better than I can.' 'Well,' said - Jefferson, 'if you are decided, I will do as well as I can.' - 'Very well. When you have drawn it up, we will have a - meeting.' - - "A meeting we accordingly had, and conned the paper over. I - was delighted with its high tone and the flights of oratory - with which it abounded, especially that concerning negro - slavery, which, though I knew his Southern brethren would - never suffer to pass in Congress, I certainly never would - oppose. There were other expressions which I would not have - inserted, if I had drawn it up, particularly that which - called the King tyrant. I thought this too personal; for I - never believed George to be a tyrant in disposition and in - nature; I always believed him to be deceived by his courtiers - on both sides of the Atlantic, and in his official capacity - only, cruel. I thought the expression too passionate, and too - much like scolding, for so grave and solemn a document; but - as Franklin and Sherman were to inspect it afterwards, I - thought it would not become me to strike it out. I consented - to report it, and do not now remember that I made or - suggested a single alteration. - - "We reported it to the committee of five. It was read, and I - do not remember that Franklin or Sherman criticized any - thing. We were all in haste. Congress was impatient, and the - instrument was reported, as I believe, in Jefferson's - handwriting, as he first drew it. Congress cut off about a - quarter of it, as I expected they would; but they obliterated - some of the best of it, and left all that was exceptionable, - if any thing in it was. I have long wondered that the - original draft has not been published. I suppose the reason - is, the vehement philippic against negro slavery. - - "As you justly observe, there is not an idea in it but what - had been hackneyed in Congress for two years before. The - substance of it is contained in the declaration of rights and - the violation of those rights, in the Journals of Congress, - in 1774. Indeed, the essence of it is contained in a - pamphlet, voted and printed by the town of Boston, before the - first Congress met, composed by James Otis, as I suppose, in - one of his lucid intervals, and pruned and polished by Samuel - Adams." - - Mr. Jefferson, on the contrary, in his letter to Mr. Madison, - says:--"These details are quite incorrect. The committee of - five met; no such thing as a sub-committee was proposed, but - they unanimously pressed on myself alone to undertake the - draft. I consented; I drew it; but, before I reported it to - the committee, I communicated it _separately_ to Doctor - Franklin and Mr. Adams, requesting their correction, because - they were the two members of whose judgments and amendments I - wished most to have the benefit, before presenting it to the - committee; and you have seen the original paper now in my - hands, with the corrections of Doctor Franklin and Mr. Adams - interlined in their own handwritings. Their alterations were - two or three only, and merely verbal. I then wrote a fair - copy, reported it to the committee, and from them, - unaltered, to Congress. This personal communication and - consultation with Mr. Adams he has misremembered into the - actings of a sub-committee. Pickering's observations, and Mr. - Adams's in addition, 'that it contained no new idea, that it - is a commonplace compilation, its sentiments hackneyed in - Congress for two years before, and its essence contained in - Otis's pamphlet,' may all be true. Of that I am not to be the - judge. Richard Henry Lee charged it as copied from Locke's - Treatise on Government. Otis's pamphlet I never saw, and - whether I had gathered my ideas from reading or reflection I - do not know. I know only that I turned to neither book nor - pamphlet while writing it. I did not consider it as any part - of my charge to invent new ideas altogether, and to offer no - sentiment which had ever been expressed before. Had Mr. Adams - been so restrained, Congress would have lost the benefit of - his bold and impressive advocations of the rights of - revolution. For no man's confident and fervid addresses, more - than Mr. Adams's, encouraged and supported us through the - difficulties surrounding us, which, like the ceaseless action - of gravity, weighed on us by night and by day. Yet, on the - same ground, we may ask what of these elevated thoughts was - new, or can be affirmed never before to have entered the - conceptions of man? - - "Whether, also, the sentiment of Independence, and the - reasons for declaring it, which make so great a portion of - the instrument, had been hackneyed in Congress for two years - before the 4th of July, 1776, or this dictum of Mr. Adams be - another slip of memory, let history say. This, however, I - will say for Mr. Adams, that he supported the Declaration - with zeal and ability, fighting fearlessly for every word of - it. As to myself, I thought it a duty to be, on that - occasion, a passive auditor of the opinions of others, more - impartial judges than I could be of its merits or demerits. - During the debate I was sitting by Doctor Franklin, and he - observed that I was writhing a little under the acrimonious - criticisms on some of its parts; and it was on that occasion, - that, by way of comfort, he told me the story of John - Thomson, the hatter, and his new sign." (Jefferson's Works, - IV. 376.) - - The substantial point of difference in these two accounts of - the same transaction, relates to the action of the committee - in designating the person or persons who were to prepare the - draft of a Declaration. Mr. Adams states that Mr. Jefferson - and himself were appointed a sub-committee to prepare it; Mr. - Jefferson states that he alone was directed by the committee - to write the Declaration. This question is not important, - since Mr. Adams's version does not in the least impair Mr. - Jefferson's claim to the authorship of the instrument. The - latter, it must be allowed, gracefully parries the - criticisms of Mr. Adams, by a noble allusion to the eloquence - which sustained his compatriots in the difficulties and - embarrassments that surrounded them, and which they did not - think of analyzing, for the purpose of tracing the exact - originality of its sentiments. - - It is proper to add, that Mr. Jefferson's account is - confirmed by the original manuscript draft of the - Declaration, a fac-simile of which was published in 1829, in - the fourth volume of his Works, exhibiting the corrections - and interlineations made by Dr. Franklin and Mr. Adams in - their respective handwritings. These emendations were not - important. - - The reasons assigned by Mr. Adams for the selection of Mr. - Jefferson as the writer of the Declaration are so numerous, - that it is difficult to determine which of them he intended - should be regarded as the principal or decisive one. In the - autobiography, he states that there were more reasons than - one why Mr. Jefferson was appointed on a committee of such - importance. He assigns two reasons: one, Mr. Jefferson's - reputation as a writer, and the other, the desire of his - Virginia colleagues to have Mr. Jefferson supplant Mr. - Richard Henry Lee. In his letter to Mr. Pickering, Mr. Adams - gives as the reason why Mr. Jefferson was placed at the head - of the committee, that it was "the Frankfort advice to place - Virginia at the head of every thing"; but he also adds, that - Mr. Jefferson brought with him to Congress "a reputation for - literature, science, and a happy talent of composition," and - that this reputation had then been sustained by writings - "remarkable for their peculiar felicity of expression." As in - the case of Washington, therefore, it would seem that there - were reasons of eminent fitness and qualification for the - duty assigned; and certainly the Declaration of Independence - itself fully justifies the selection. Few state papers have - ever been written with more skill, or greater adaptation to - the purposes in view. Whether its sentiments were purely - original with its author, or were gathered from the political - philosophy which had become familiar to the American mind, - through the great discussions of the time, it must for ever - remain an imperishable monument of his power of expression, - and his ability to touch the passions, as well as to address - the reason, of mankind. It would be inappropriate to apply to - its style the canons of modern criticism. Its statements of - political truth, taken in the sense in which they were - manifestly intended, can never be successfully assailed. With - regard to the passage concerning slavery, we may well - conceive that both Northern and Southern men might have felt - the injustice of the terrible denunciation with which he - charged upon _the King_ all the horrors, crimes, and - consequences of the African slave-trade, and in which he - accused him of exciting the slaves to insurrection, and "to - purchase the liberty of which _he_ had deprived them by - murdering the people upon whom _he_ had obtruded them." Mr. - Jefferson, in drawing up the list of our national accusations - against the King, obviously intended to refer to him as the - representative of the public policy and acts of the mother - country; and it is true that the imperial government was, and - must always remain, responsible for the existence of slavery - in the colonies. But this was not one of the grievances to be - redressed by the Revolution; it did not constitute one of the - reasons for aiming at independence; and there was no - sufficient ground for the accusation that the government of - Great Britain had knowingly sought to excite general - insurrections among the slaves. The rejection of this passage - from the Declaration shows that the Congress did not consider - this charge to be as tenable as all their other complaints - certainly were. - -FOOTNOTES: - -[53] Richard Henry Lee, the mover of this resolution, was born on the -20th of June, 1732, at Stratford, Westmoreland County, Virginia. His -earlier education was completed in England, whence he returned in his -nineteenth year. Possessed of a good fortune, he devoted himself to -public affairs. At the age of twenty-five, he entered the House of -Burgesses, where he became a distinguished advocate of republican -doctrines, and a strenuous opponent of the right claimed by Parliament -to tax the colonies, of the Stamp Act, and of the other arbitrary -measures of the home government, coöperating with Patrick Henry in all -his great patriotic efforts. He was the author of the plan adopted by -the House of Burgesses in 1773, for the formation of committees of -correspondence, to be organized by the colonial legislatures, and out of -which grew the plan of the Continental Congress. In 1774, he was elected -one of the delegates from Virginia to the Congress, in which body, from -his known ability as a political writer and his services in the popular -cause, he was placed on the committees to prepare the addresses to the -King, to the People of Great Britain, and to the People of the Colonies, -the last of which he wrote. In the second Congress, he was selected to -move the resolution of Independence; and besides serving on other very -important committees, he furnished, as chairman of the committee -instructed to prepare them, the commission and instructions to General -Washington. As mover of the resolution of Independence, he would, -according to the usual practice, have been made chairman of the -committee to prepare the Declaration; but on the 10th of June, the day -when the subject was postponed, he was obliged to leave Congress, and -return home for a short time, on account of the illness of some member -of his family. He came back to Congress and remained a member until -June, 1777, when he went home on account of ill health. In August, 1778, -he was again elected a member, and continued to serve until 1780; but -from feeble health was compelled to take a less active part than he had -taken in former years. He was out of Congress from 1780 until 1784, when -he was elected its President, but retired at the end of the year. He was -opposed to the Constitution of the United States, but voted in Congress -to submit it to the people. After its adoption, he was elected one of -the first Senators under it from Virginia, and in that capacity moved -and carried several amendments. In 1792, his continued ill health -obliged him to retire from public life. He died June 19, 1794. - -[54] Thomas Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and -R. R. Livingston. - -[55] See note at the end of the chapter. - -[56] On the 24th of June, 1776, the Congress declared, by resolution, -that "all persons abiding within any of the United Colonies, and -deriving protection from the laws of the same, owed allegiance to the -said laws, and were members of such colony; and that all persons passing -through or making a temporary stay in any of the colonies, being -entitled to the protection of the laws, during the time of such passage, -visitation, or temporary stay, owed, during the same, allegiance -thereto." Journals, II. 216. - -[57] The title of "The United States of America" was formally assumed in -the Articles of Confederation, when they came to be adopted. But it was -in use, without formal enactment, from the date of the adoption of the -Declaration of Independence. On the 9th of September, 1776, it was -ordered that in all continental commissions and other instruments, where -the words "United Colonies" had been used, the style should be altered -to the "United States." Journals, II. 349. - -[58] Journals, II. 263, 320; III. 123, 502, 513. - -[59] From June 11, 1776, to November 17, 1777. - -[60] Sparks's Washington, III. 20, note. - -[61] Works, III. 20. - -[62] Ibid. 46. - -[63] Ibid. 47. - -[64] Ibid. 55. - -[65] Ibid. 56. - -[66] Letters of General Washington to the President of Congress, -September 21, 1775 (Works, III. 98); October 30, 1775 (Ibid. 137); -November 8, 1775 (Ibid. 146). - -[67] Letters of General Washington to Joseph Reed, November 8, 1775 -(Works, III. 150); November 28, 1775 (Ibid. 177); and to the President -of Congress, December 4, 1775 (Ibid. 184); to Governor Cooke of -Connecticut, December 5, 1775 (Ibid. 188). - -[68] Journals of Congress, II. 208, September 29, 1775. - -[69] Writings of Washington, III. 123, note. - -[70] February 9, 1776 (Works, III. 278). - -[71] Mr. Jefferson once said to my kinsman, Mr. George Ticknor, that -when they had any doubtful and difficult measure to carry in this -Congress, they counted the four New England colonies, and Virginia, as -_sure_; and then they looked round to see where they could get two more, -to make the needful majority. - -[72] The General Assembly of New York met on the 10th of January, 1775, -and by a small majority refused to approve of the non-importation -association formed by the first Congress, and also declined to appoint -delegates to the second Congress, which was to assemble in May. They -adopted, however, a list of grievances, which was substantially the same -with that which had been put forth by the first Congress. Towards the -close of the session, in the absence of some of the patriotic members, -petitions to the King and to Parliament were adopted, which differed -somewhat from the principles contained in their list of grievances, and -in which they disapproved "of the violent measures that had been pursued -in some of the colonies." But the people of New York generally conformed -to the non-importation agreement; and on the 20th of April they met in -convention and appointed delegates to the second Congress, "to concert -and determine upon such matters as shall be judged most advisable for -the preservation and reëstablishment of American rights and privileges." -Pitkin's History of the United States, I. 324. - -[73] "I do not mean," the orders continued, "that they should be kept in -close confinement. If either of these bodies should incline to send them -to any interior towns, upon their parole not to leave them until they -are released, it will meet with my concurrence. For the present, I shall -avoid giving you the like order in respect to the Tories in Portsmouth; -but the day is not far off, when they will meet with this, or a worse -fate, if there is not a considerable reformation in their conduct." -Writings of Washington, III. 158, 159. - -[74] Writings of Washington, III. 230, note. - -[75] Writings of Washington, III. 230, note. See also Marshall's Life of -Washington, II. 285-287. - -[76] Writings of Washington, III. 230. - -[77] Ibid., note. - -[78] Journals of Congress, II. 7-9. January 3, 1776. Congress had, on -the 2d of January, passed resolves, recommending to the different -assemblies, conventions, and committees or councils of safety, to -restrain the Tories, and had declared that they ought to be disarmed, -and the more dangerous of them kept in custody. For this purpose, the -aid of the continental troops stationed in or near the respective -colonies was tendered to the local authorities. Journals, II. 4, 5. - -[79] The resolves of the Congress on this subject amounted to an -outlawry of the persons against whom they were directed. They were -introduced by a preamble, reciting the disaffection of a majority of the -inhabitants of Queen's County, evinced by their refusal to elect -deputies to the convention of the colony, by their public declaration of -a design to remain inactive spectators of the contest, and their general -want of public spirit; and declaring, that "those who refuse to defend -their country should be excluded from its protection, and prevented from -doing it injury." The first resolve then proceeded to declare that all -the inhabitants of Queen's County named in a list of delinquents -published by the Convention of New York be put out of the protection of -the United Colonies, that all trade and intercourse with them cease, and -that no inhabitant of that county be permitted to travel or abide in any -part of the United Colonies, out of that county, without a certificate -from the Convention or Committee of Safety of New York, setting forth -that such inhabitant is a friend to the American cause, and not of the -number of those who voted against sending deputies to the Convention; -and that any inhabitant found out of the county, without such -certificate, be apprehended and imprisoned three months. The second -resolve declared that any attorney or lawyer who should commence, -prosecute, or defend any action at law, for any inhabitant of Queen's -County who voted against sending deputies to the Convention, ought to be -treated as an enemy to the American cause. The fourth resolve directed -that Colonel Nathaniel Heard, of Woodbridge, N. J., should march, with -five or six hundred minute-men, to the western part of Queen's County, -and that Colonel Waterbury, of Stamford, Connecticut, with the same -number of minute-men, march to the eastern side; that they confer -together and endeavor to enter the county on the same day, and that they -proceed to disarm every person in the county who voted against sending -deputies to the Convention, and cause them to deliver up their arms and -ammunition on oath, and confine in safe custody, until further orders, -all those who should refuse compliance. These resolves were passed on -the 3d of January, 1776, and were reported by a committee on the state -of New York. On the 10th of January, on account of "the great distance -from Colonel Heard to Colonel Waterbury, and the difficulty of -coöperating with each other in their expedition into Queen's County," -Congress directed Lord Stirling to furnish Colonel Heard with three -companies from his command, who were to join Colonel Heard with his -minute-men, and proceed immediately on the expedition; and also directed -Heard to inform Waterbury that his services would not be required. -Journals, II. 21. - -[80] He received this impression from General Lee, who wrote on the 16th -of January and informed him that Colonel Waterbury had "received orders -to disband his regiment, and the Tories are to remain unmolested till -they are joined by the King's assassins." Sparks's Life of Gouverneur -Morris, I. 75. - -[81] Letter to General Lee, January 23, 1776. Writings of Washington, -III. 255. - -[82] Marshall's Life of Washington, II., Appendix, xvii. - -[83] Letter to General Lee, January 31, 1776. Writings of Washington, -III. 275. - -[84] February 6, 1776. Journals, II. 51. - -[85] Sparks's Life of Gouverneur Morris, I. 75, 76. They wished to "save -appearances with the [enemy's] ships of war, till at least the month of -March." - -[86] January 26, 1776. Journals, II. 39. - -[87] January 30. - -[88] March 14, 1776. Journals, II. 91. - -[89] Letter of General Washington to the President of Congress. - -[90] Resolve passed October 5, 1775. Journals of Congress, II. 197. - -[91] These vessels were fitted out from the ports of Salem, Beverly, -Marblehead, and Plymouth. They were officered and manned chiefly by -sea-captains and sailors who happened to be at that time in the army. -They sailed under instructions from General Washington, to take and -seize all vessels in the ministerial service, bound into or out of -Boston, having soldiers, arms and ammunition, or provisions on board, -and to send them into the nearest port, under a careful prize-master, to -wait his further directions. The first person commissioned in this way -by the Commander-in-chief was Captain Nicholas Broughton of Marblehead, -who sailed in the schooner Hannah, fitted out at Beverly; and in his -instructions he was described as "a captain in the army of the United -Colonies of North America," and was directed to take the command of "a -detachment of said army, and proceed on board the schooner Hannah, -lately fitted out, &c. at the continental expense." Another of these -vessels, called the Lee, was commanded by Captain John Manly. The names -of three others of them were the Harrison, the Washington, and the -Lynch. The name of the sixth vessel is not known, but the names of the -four other captains were Selman, Martindale, Coit, and Adams. (Writings -of Washington, III. 516.) When Washington received directions from the -President of Congress to send two vessels to the mouth of the St. -Lawrence, he wrote, on the 12th of October, that one of these vessels -was then out, and that two of them would be despatched as directed, -immediately. (Ibid., III. 124.) In the course of a few weeks, they were -all out. - -[92] Letter to the President of Congress, November 11, 1775. Writings of -Washington, III. 154. - -[93] Journals, I. 260. - -[94] On the 4th of December, he repeated his former recommendation to -the President of Congress. (Writings of Washington, III. 184.) On the -26th of December, he wrote to Richard Henry Lee, in Congress, begging -him to use his influence in having a court of admiralty or some power -appointed to hear and determine all matters relative to captures; -saying, "You cannot conceive how I am plagued on this head, and how -impossible it is for me to hear and determine upon matters of this sort, -when the facts, perhaps, are only to be ascertained at ports forty, -fifty, or more miles distant, without bringing the parties here -[Cambridge] at great trouble and expense. At any rate, my time will not -allow me to be a competent judge of this business." Ibid., III. 217. - -[95] Letter to the President of Congress, February 9, 1776. Ibid., III. -282. Letter to Joseph Reed, February 10, 1776. Ibid., III. 284. - -[96] Ibid., III. 370. - -[97] This was the emission ordered on the 23d of June, 1775. There were -_forty-nine thousand_ bills of each denomination from one dollar to -eight dollars, inclusive, and _eleven thousand eight hundred_ bills of -the denomination of twenty dollars. The form of the bills was as follows -(Journals, I. 126):-- - - CONTINENTAL CURRENCY. - - No. ________________ Dollars. - - This Bill entitles the Bearer to receive ________________ - Spanish milled Dollars, or the value thereof in Gold or - Silver, according to the Resolutions of the Congress, held at - Philadelphia on the 10th day of May, A. D. 1775. - -[98] Journals, I. 177. - -[99] Journals, I. 126, 177. The signers of the bills were allowed a -commission of one dollar and one third of a dollar on each thousand of -the bills signed by them. Ibid. - -[100] Ante, p. 35. - -[101] Writings of Washington, III. 104, 167, 173, 178, 283. - -[102] Writings of Washington, III. 278; IV. 115; V. 328. Mr. Sparks has -preserved an anecdote, which shows the perpetuation of this feeling -about standing armies, and evinces also that Washington possessed more -humor than has been generally attributed to him. In the Convention for -forming the Constitution of the United States, some member proposed to -insert a clause in the Constitution, limiting the army of the United -States to _five thousand men_. General Washington, who was in the chair, -observed that he should not object to such a clause, if it were so -amended as to provide that no enemy should ever presume to invade the -United States with more than _three thousand_. - - - - -CHAPTER IV. - -JULY, 1776--NOVEMBER, 1777. - -CONSEQUENCES OF THE DECLARATION OF INDEPENDENCE.--REORGANIZATION OF -THE CONTINENTAL ARMY.--FLIGHT OF THE CONGRESS FROM PHILADELPHIA.--PLAN -OF THE CONFEDERATION PROPOSED. - - -When the Declaration of Independence at length came, it did not in any -way change the form of the revolutionary government. It created no -institution, and erected no civil machinery. Its political effect has -already been described. Its moral effect, both upon the members of the -Congress and upon the country, was very great, inasmuch as it put an end -alike to the hope and the possibility of a settlement of the controversy -upon the principles of the English Constitution, for it made the -colonies free, sovereign, and independent states. Men who had voted for -such a measure, and who had put their signatures to an instrument which -the British Parliament or the Court of King's Bench could have had no -difficulty in punishing as treasonable, could no longer continue to feed -themselves on "the dainty food of reconciliation."[103] Thenceforward, -there was no retreat. The colonies might be conquered, overrun, and -enslaved; but this, or the full and final establishment of their own -sovereignty, were the sole alternatives. The consequence was, that the -Declaration was followed by a greater alacrity on the part of the whole -body of the Congress to adopt vigorous and decisive measures, than had -before prevailed among them. - -But there was one feeling which the Declaration did not dispel, and -another to which it immediately gave rise, both of which were -unfavorable to concentrated, vigorous, and effective action on the part -of the revolutionary government. The Declaration of Independence did not -dissipate the unreasonable and ill-timed jealousy of standing armies, -which gave way, at last, only when the country was in such imminent -peril that Washington felt it to be his duty to ask for extraordinary -powers, to be conferred upon himself. It was followed, too, as an -immediate consequence, by that jealousy with regard to State rights, and -that adhesion to State interests, which have existed in our system from -that day to the present, and are not entirely separable from it. As the -Declaration made the colonies sovereign and independent, and was -followed by the formation of State governments, before the creation of -any well-defined national system, State sovereignty became at once an -ever-present cause of embarrassment to the Congress, in whose -proceedings entire delegations sometimes made the interests of the -country bend to the interests of their own State, to a mischievous -extent. - -To explain these observations, we must recur again to the history of the -army, and to the efforts of Washington to have the military -establishment put into a safe and efficient condition. - - * * * * * - -After the evacuation of Boston by the British forces, General Washington -proceeded, at once, with the continental army to the city of New York, -where he arrived on the 13th of April, 1776. The loss of the battle of -Long Island on the 27th of August, and the extreme improbability of his -being able to hold the city against the superior forces by which it had -been invested through the entire summer, made it necessary for him to -appeal once more to the Congress for the organization of a permanent -army, capable of offering effectual resistance to the enemy. The -establishment formed at Cambridge in the autumn previous was to continue -for one year only; it was about to be dissolved; and in the month of -September General Washington was compelled to abandon the city of New -York to the enemy. Before he withdrew from it, he addressed a letter to -the President of Congress, on the 2d of September, in which he told that -body explicitly that the liberties of the country must of necessity be -greatly hazarded, if not entirely lost, should their defence be left to -any but a permanent standing army; and that, with the army then under -his command, it was impossible to defend and retain the city.[104] On -the 20th of the same month, he again wrote, expressing the opinion that -it would be entirely impracticable to raise a proper army, without the -allowance of a large and extraordinary bounty.[105] - -At length, when he had retreated to the Heights of Haerlem, and found -himself surrounded by a body of troops impatient of restraint, because -soon to be entitled to their discharge, and turbulent and licentious, -because they had never felt the proper inducements which create good -conduct in the soldier, he made one more appeal to the patriotism and -good sense of the Congress. Few documents ever proceeded from his pen -more wise, or evincing greater knowledge of mankind, or a more profound -apprehension of the great subject before him, than the letter which he -then wrote concerning the reorganization of the army.[106] - -Before this letter was written, however, urged by his repeated requests -and admonished by defeat, the Congress had adopted a plan, reported by -the Board of War, for the organization of a new army, to serve during -the war. A long debate preceded its adoption, but the resolves were at -length passed on the 16th of September, 1776.[107] They authorized the -enlistment of a body of troops, to be divided into eighty-eight -battalions, and to be enlisted as soon as possible. These battalions -were to be raised by the States; a certain number being assigned to each -State as its quota. The highest quota, which was 15, was assigned to -the States of Virginia and Massachusetts, respectively. Pennsylvania had -12; North Carolina, 9; Maryland and Connecticut, 8 each; South Carolina, -6; New York and New Jersey, 4 each; New Hampshire, 3; Rhode Island, 2; -and Delaware and Georgia, 1 each. The inducements to enlist were a -bounty of twenty dollars and one hundred acres of land to each -non-commissioned officer or soldier; and to the commissioned officers, -the same bounty in money, with larger portions of land.[108] The States -were to provide arms and clothing for their respective quotas, and the -expense of clothing was to be deducted from the pay.[109] Although the -officers were to be commissioned by the Continental Congress, each State -was to appoint the officers of its own battalions, from the colonel to -those of the lowest grade, inclusive. A circular letter was addressed by -Congress to each State, urging its immediate attention to the raising of -these troops; and a committee of three members of the Congress was sent -to the head-quarters of General Washington, to confer with him on the -subject.[110] - -Two serious defects in this plan struck the Commander-in-chief, as soon -as it was laid before him; but the resolves had been passed, and passed -with difficulty, before he had an opportunity specifically to point out -the mistakes. In the first place, by giving the appointment of the -officers to the States, any central system of promoting or placing the -officers then serving on the continental establishment according to -their characters and deserts was rendered impossible. The resolutions of -Congress did not even recommend these officers to the consideration of -their respective States. They were left to solicit their appointments at -a distance, or to go home and make personal application. Those who chose -to do the latter were more likely to get good places than those who -remained at their posts; but they were also less likely to be deserving -of important commissions than those who stayed with the army. To expect -that a proper attention would be paid to the claims of men of real -merit, under such a system,--whether they had or had not been in service -before,--or that the army when brought together would be found to be -officered on a uniform principle, exhibiting an adaptation of character -to station, was, in Washington's view, to expect that local authorities -would not be influenced by local attachments, and that merit would make -its way, in silence and absence, against personal importunity and bold -presumption. - -But Washington saw no remedy for these evils, except by opening a direct -communication with the States, through which he might exert some -influence over their appointments. He immediately suggested to the -Congress, that each State should send a commission to the army, with -authority to appoint all the officers of the new regiments. Congress -passed a resolve recommending this step to the States, and advising that -the Commander-in-chief should be consulted in making the appointments; -that those officers should be promoted who had distinguished themselves -for bravery and attention to their duties; that no officer should be -appointed who had left his station without leave; and that all the -officers to be appointed should be men of honor and known abilities, -without particular regard to their having been in service before.[111] -This was but a partial remedy for the defects of the system. Several of -the States sent such a commission to act with the Commander-in-chief; -but many of them were tardy in making their appointments, and finally -the Congress authorized General Washington to fill the vacancies. - -Another and a dangerous defect in this plan was, that the continental -pay and bounty on enlistment were fixed so low, that some of the States, -in order to fill up their quotas, deemed it expedient to offer a further -pay and bounty to their own men. This was done immediately by the States -of Connecticut and Massachusetts. The consequence was likely to be, -that, if the quotas of some States were raised before the fact became -known that other States had increased the pay and the bounty, some -regiments would, when the army came together, be on higher pay than -others, and jealousy, impatience, and mutiny must inevitably follow. -Knowing that a different pay could not exist in the same army without -these consequences, General Washington remonstrated with the Governor of -Connecticut, arrested the proceedings of the commissioners of that State -and of Massachusetts, and prevented them from publishing their terms, -until the sense of the Congress could be obtained.[112] That body, on -receiving from him another strong representation on the subject, passed -a resolve augmenting the pay. - - * * * * * - -Still, the system, notwithstanding these efforts to amend it, worked -ill. The appointment of the officers by the States was incapable of -being well managed; the pay and bounty, even after they were increased, -were insufficient; and the whole scheme of raising a permanent army was -entered upon at too late a period to be effectually accomplished. As -late as the middle of November, so little had been done, that the whole -force on one side of the Hudson, opposed to Howe's whole army, did not -exceed two thousand men of the established regiments; while, on the -other side, there was a force not much larger to secure the passes into -the Highlands.[113] "I am wearied almost to death," said the -Commander-in-chief, in a private letter, "with the retrograde motion of -things, and I solemnly protest that a pecuniary reward of twenty -thousand pounds a year would not induce me to undergo what I do; and -after all, perhaps, to lose my character, as it is impossible, under -such a variety of distressing circumstances, to conduct matters -agreeably to public expectation, or even to the expectations of those -who employ me, as they will not make proper allowances for the -difficulties their own errors have occasioned."[114] - -There are few pages in our history so painful as those on which are -recorded the complaints extorted from Washington, at this period, by the -trials of his situation. That he, an accomplished soldier, who had -retired with honor from the late war with France to his serene Mount -Vernon; who had left it again, to stake life, and all that makes life -valuable, on the new issue of his country's independence; who asked no -recompense and sought no object but her welfare, should have been -compelled to pass into the dark valley of the retreat through New -Jersey, with all its perplexities, dangers, and discouragements,--its -cruel exertions and its humiliating reverses,--without a powerful and -energetic government to lean upon, and with scarcely more than Divine -assistance to which to turn, presents, indeed, to our separate -contemplation, a disheartening and discreditable fact. But no trials are -appointed to nations, or to men, without their fruits. The perplexities -and difficulties which surrounded Washington in the early part of the -Revolution contributed, undoubtedly, to give him that profound civil -wisdom, that knowledge of our civil wants, and that influence over the -moral sense of the country, which were afterwards so beneficently felt -in the establishment of the Constitution. The very weakness of the -government which he served became in this manner his and our strength. -Without the trials to which it subjected him, it may well be doubted -whether we should now possess that tower of strength,--that security -against distracted counsels and clashing interests,--which exist for us -in the character and services of that extraordinary man. - -It is not necessary to sketch the scene or to follow the route of -General Washington's retreat through New Jersey, except as they -illustrate the subject of this work,--the constitutional history of the -country. Its remarkable military story is well known. On the 23d of -November, four days after the date of the letter to his brother above -quoted, he was at Newark, with a body of troops whose departure was near -at hand, and for supplying whose places no provision had been made. The -enemy were pressing on his rear, and in order to impress upon Congress -the danger of his situation, he sent General Mifflin to lay an exact -account of it before them.[115] On the 28th, he marched out of Newark in -the morning, and Lord Cornwallis entered it on the afternoon of the same -day. On the 30th, he was at Brunswick, endeavoring, but with little -success, to raise the militia;--the terms of service of the Jersey and -Maryland brigades expiring on that day. On the 1st of December, his -army numbered only four thousand men, and the enemy were pushing forward -with the greatest energy.[116] On the 5th, he resolved to march back to -Princeton; but neither militia nor regulars had come in, and it was too -late to prevent an evil, which he had both foreseen and foretold.[117] -On the 8th, he crossed the Delaware.[118] On the 12th, he saw his little -handful of men still further decrease, and now, without succors from the -government, or spirited exertions on the part of the people, the loss of -Philadelphia--"an event," said he, "which will wound the heart of every -virtuous American"--rose as a spectre in his path.[119] On the 16th, as -he moved on, gathering all the great energies of his character to parry -this deep disgrace, concentrating every force that remained to him -towards the defence of the city, and animating and directing public -bodies, in a tone of authority and command, he once more urged the -Congress to discard all reliance upon the militia, to augment the number -of the regular troops, and to strain every nerve to recruit them.[120] -Finally,--being still in doubt whether Howe did not intend an attack on -Philadelphia, before going into winter quarters,--with less than three -thousand men fit for duty, to oppose a well-appointed army of ten or -twelve thousand, and surrounded by a population rapidly submitting to -the enemy,--he felt that the time had come, when to his single hands -must be given all the military authority and power which the Continental -Union of America held in trust for the liberties of the country. On the -20th of December, therefore, he wrote to the President of Congress a -memorable letter, asking for extraordinary powers, but displaying at the -same time all the modesty and high principle of his character.[121] - -To this appeal Congress at once responded, in a manner suited to the -exigency. On the 27th of December, 1776, they passed a resolution, -vesting in General Washington ample and complete power to raise and -collect together, in the most speedy and effectual manner from all or -any of the United States, sixteen battalions of infantry, in addition -to those already voted; to appoint the officers of these battalions; -to raise, officer, and equip three regiments of artillery and a corps -of engineers, and to establish their pay; to apply to any of the -States for such aid of their militia as he might judge necessary; to -form such magazines of provisions, and in such places, as he should -think proper; to displace and appoint all officers under the rank of -brigadier-general; to fill up all vacancies in every other department -of the American army; to take, wherever he might be, whatever he might -want for the use of the army, if the inhabitants would not sell it, -allowing a reasonable price for the same; to arrest and confine -persons who should refuse to receive the continental currency, or were -otherwise disaffected to the American cause; and to return to the -States of which such persons were citizens their names and the nature -of their offences, together with the witnesses to prove them. These -powers were vested in the Commander-in-chief for the space of six -months from the date of the resolve, unless sooner revoked by the -Congress.[122] - - * * * * * - -The powers thus conferred upon General Washington were in reality those -of a military dictatorship; and in conferring them, the Congress acted -upon the maxim that the public safety is the supreme law. They acted, -too, as if they were the proper judges of the exigency, and as if the -powers they granted were then rightfully in their hands. But it is a -singular proof of the unsettled and anomalous condition of the political -system of the country, and of the want of practical authority in the -continental government, that, in three days after the adoption of the -resolves conferring these powers, the Congress felt it necessary to -address a letter to the Governors of the States, apologizing for this -step. Nor was their letter a mere apology. It implied a doubt whether -the continental government possessed a proper authority to take the -steps which the crisis demanded, and whether the execution of all -measures did not really belong to the States, the Congress having only a -recommendatory power. "Ever attentive," their letter declared, "to the -security of civil liberty, Congress would not have consented to the -vesting of such powers in the military department as those which the -inclosed resolves convey to the continental Commander-in-chief, if the -situation of public affairs did not require, at this crisis, a decision -and vigor which distance and numbers deny to assemblies far removed from -each other and from the seat of war." The letter closed, by requesting -the States to use their utmost exertions to further such levies as the -general might direct, in consequence of the new powers given him, and to -make up and complete their quotas as formerly settled.[123] - -Strictly examined, therefore, the position taken by the Congress was, -that a crisis existed demanding the utmost decision and vigor; that the -measures necessary to meet it, such as the raising of troops and the -compulsory levying of supplies, belonged to the States; but that, the -State governments being removed from each other and from the seat of -war, the Congress confers upon the continental general power to do -things which in reality it belongs to the States to do. In this there -was a great inaccuracy, according to all our present ideas of -constitutional power. But still the action of the Congress expresses and -exhibits their real situation. It contains a contradiction between the -true theory of their revolutionary powers and the powers which they -could in fact practically exercise. Upon principle, it was just as -competent to the Congress to take the steps required by the exigency, as -it was to adjudge them to the States; and it was just as competent to -the Congress to do any thing directly, as to confer a power to do it on -their general. But the jealousies of the States, the habits of the -country, and the practical working of the existing institutions, had -never permitted the full exercise of the revolutionary powers which -properly resided in the hands of the Congress. The true theory of their -situation was limited by practical impossibilities; and an escape from -contradictions became impossible. It was perceived that the States would -neither pass laws or resolves for the summary raising of forces and -levying of supplies, nor allow this to be done by committees or -commissioners of Congress; but it was believed that they would acquiesce -in its being done by General Washington, out of respect for his -character, for his abilities and his motives, and from conviction that -he alone could save the country. - -The expectations of the Congress were not disappointed. It was felt -throughout the country, that such powers could be lodged in the hands of -Washington without danger. The States in general acquiesced in the -necessity and propriety of this measure, and there was little -disposition to encroach upon or to complain of the authority conferred. -To this acquiescence, however, there were exceptions.[124] - - * * * * * - -The period which now followed was a part of the interval during which -the Articles of Confederation were pending in Congress. We have seen -that the plan of a confederation was reported to that body in July, -1776, and finally adopted for recommendation to the States in November, -1777. But soon after the extraordinary powers had been conferred upon -General Washington, the attendance of the members began to diminish, and -several of the most eminent and able men, who had hitherto served, -retired from Congress. In January, 1777, there were no delegations -present from the States of Delaware and New York;[125] and in February, -the absence of many distinguished men, whose counsels had been of vast -importance, made a striking deficiency. The formation of the State -governments, and the local affairs of the States, absorbed for a time, -with a few important exceptions, the best civil talent in the -country.[126] - -While the personal efficiency and wisdom of the Congress thus sensibly -declined, no change took place in the nature of their powers, or in -their relations to the States, that would impart greater vigor to their -proceedings. The delegations of many of the States were renewed in the -winter of 1776-7; but there was a great diversity, and in some cases a -great vagueness, in their instructions.[127] In such a state of -things,--with no uniform rule prescribing the powers of the Congress, -and with some uncertainty in that body itself with regard to its -authority to confer upon the Commander-in-chief the powers with which he -was now invested,--however general might be the readiness of the country -to acquiesce in their necessity, it is not surprising that State -jealousy was sometimes aroused, or that it should have been unreasonable -in some of its manifestations. - -A striking instance of this jealousy occurred upon the occasion of a -proclamation issued by General Washington at Morristown, on the 25th of -January, 1777. Sir William Howe had published a proclamation in New -Jersey, offering protection to such of the inhabitants as would take an -oath of allegiance to the King. Many of the substantial farmers of the -country had availed themselves of this offer, and had received -protections from the British general. The English and Hessian troops, -however, made no distinction between friends and foes, but frequently -committed great outrages both upon person and property. The resentment -of the population would have restored them to the patriot side; but many -who had taken the oath of allegiance felt, or affected, in consequence, -scruples of conscience. - -General Washington therefore issued a counter-proclamation, commanding -all persons who had received the enemy's protection to repair to -head-quarters, or to some general officer of the army, and to surrender -their protections and take an oath of allegiance to the United -States;--allowing thirty days for those who preferred to remain under -the protection of Great Britain to withdraw within the enemy's lines. -This was considered in some quarters as an undue exercise of power. The -idea of an oath of allegiance to the United States, before the -Confederation was formed, was regarded by many as an absurdity. -Allegiance, it was said, was due exclusively to the State of which a man -was an inhabitant; the States alone were sovereign; and it was for each -State, not for the United States, which possessed no sovereignty, to -exact this obligation. The Legislature of New Jersey were disposed to -treat General Washington's proclamation as an encroachment on their -prerogatives: and one of the delegates of that State in Congress -denounced it as improper.[128] - -This feeling was shared by other members; but it is not to be doubted, -that the proceeding was a legitimate exercise of the authority vested in -the Commander-in-chief. He had been expressly empowered to arrest and -confine persons disaffected to the American cause; and the requiring -them to attend at his head-quarters was clearly within the scope of this -authority. Moreover, although no confederation or political union of the -States had been formed under a written compact, yet the United States -were waging war, as a government regularly constituted by its -representatives in a congress, for the very purpose of carrying on such -war. They had an army in the field, whose officers held continental -commissions, and were paid by a continental currency. They were -exercising certain of the attributes of sovereignty as a belligerent -power; and in that capacity they had a complete right to exact such an -obligation not to aid the enemy, as would separate their friends from -their foes. It was a military measure; and the tenor of the proclamation -shows that General Washington exacted the oath in that relation. To -pause at such a moment, and to consider nicely how much sovereignty -resided in each of the States, and how much or how little belonged to -the United States, was certainly a great refinement. But it marks the -temper of the times, and the extreme jealousy with which all continental -power and authority were watched at that period.[129] - -We have seen that the powers conferred upon General Washington -authorized him to raise, in the most speedy and effectual manner, -sixteen battalions of infantry, in addition to those before voted by -Congress, three regiments of artillery, and a corps of engineers; and -also to apply to any of the States for the aid of their militia when -wanted.[130] At the period when he addressed himself to this great -undertaking of forming a new army, for the third time, the existing -force which he had with him in and around New Jersey was about to be -dissolved. The additional regiments of the regular line were to be -raised by the States, and upon them alone could he depend for the supply -of a new army, with which to commence the campaign in the spring of -1777. He had labored, he said, ever since he had been in the service, to -discourage all kinds of local attachments and distinctions of country, -denominating the whole by the greater name of AMERICAN; but he had found -it impossible to overcome prejudices. - -Two causes especially embarrassed his efforts in the formation of the -new army; and both of them show how powerful were the centrifugal forces -of our system at that period, and how little hold that great central -name had taken upon the people of the different States. One of these -causes was the persistence of some of the States in giving extra -bounties to encourage enlistments into their quotas of the original -eighty-eight battalions not yet raised. The bounty allowed by Congress -was twenty dollars to every soldier enlisting into the new establishment -for three years or during the war. The additional bounty offered by -Massachusetts was sixty-six dollars and two thirds. There was thus an -inducement of eighty-six dollars and two thirds offered to the men then -in the service of the United States, not to reënlist in their old -regiments, as fast as their time of service expired, but to go to -Massachusetts and enlist in the fresh quotas which were forming in that -State, and which were to be afterwards mustered into the continental -service. The same inconsiderate and unpatriotic policy was pursued in -all the Eastern States, and before the spring opened, the consequences -began to be felt in the state of the new continental battalions which -General Washington was endeavoring to procure from some of the Middle -States, and in which he would not sanction the allowance of an extra -bounty, regarding it as an indirect breach of the union, and of the -agreement entered into by the delegates of the States in Congress to -give a bounty of twenty dollars only for service in the continental -army.[131] The month of April arrived, and he had not received a man of -the new levies, except a few hundreds from Jersey, Pennsylvania, and -Virginia, while the few old regiments which remained, after the -dissolution of the army in January, were reduced to a handful of men, -the enemy being in great force, and making every preparation to seize -upon Philadelphia. - -Nor did the allowance of these irregular bounties help the States, in -raising the old levies, as had been anticipated. They rather caused the -soldiers to set a high price upon themselves, and to hold back from -enlisting; while the second cause, to which I have alluded, as -embarrassing the Commander-in-chief, was a great hinderance to his -efforts to plan and carry out a campaign, having for its object the -general benefit of the whole Union. - -This cause was the inability of many local authorities to comprehend the -necessity of such a campaign. General Washington was, at this period, -harassed by numerous applications to allow the troops, which had been -raised in the States for the service of the continent, to remain for the -defence of particular neighborhoods against incursions of the enemy. -Nothing, he said on one of these occasions, could exceed the pleasure -which he should feel, if he were able to protect every town and every -individual on the continent. But as this was a pleasure which he never -should realize, and as the continental forces were wanted to meet and -counteract the main designs of the enemy on the principal theatre of the -war, he could not consent to divide them and detach them to every point -where the enemy might possibly attempt an impression; "for that," he -added, "would be in the end to destroy ourselves and subjugate our -country."[132] - -From the operation of these and other causes connected with the -political system of the country, the army with which Washington was -obliged to take the field, in the spring of 1777, did not exceed five -thousand seven hundred and thirty-eight effective men, exclusive of a -small body of cavalry and artillery.[133] The consequence was, a -necessary reliance upon militia, to a great extent, throughout that -summer. The battle of the Brandywine, fought with an effective force -of only eleven thousand men, including militia, against a thoroughly -disciplined army of fifteen thousand British and Hessian troops, and -fought for the city of Philadelphia as a stake, was lost on the 11th -of September.[134] The Congress broke up on the 18th. Sir William Howe -took possession of the city on the 26th; and on the 27th, the Congress -reassembled at Lancaster. In a few days, they removed to Yorktown, -where their sessions continued to be held for several months. - -The position in which they found themselves, amid the dark clouds which -lowered around their cause, seems to have recalled to their recollection -the Articles of Confederation, which had lain slumbering upon their -table since the 8th of April. On that day, they had resolved that the -report should be taken into consideration on the following Monday, and -that two days in each week should be employed on the subject, until it -had been wholly discussed. When the Monday came, it was postponed; and -it was only after they had been driven from Philadelphia by the approach -of the enemy, that they seem to have fully realized the fact, that, -without a more perfect union and a more efficient government, the -country could not be saved. As soon as they had reassembled at Yorktown, -after the urgent business of the moment had been attended to, they -passed a resolve, on the 2d of October, that the Articles of -Confederation be taken into consideration the next day, at eleven -o'clock. The discussion did not actually commence, however, until the -7th of October; but from that day it was continued until the 17th of -November, when the Articles, as they afterwards went into operation, -were adopted for recommendation to the States, and a circular letter was -addressed to the several legislatures, submitting the plan of a -confederacy, and urging its adoption. - - * * * * * - -We are now approaching the period when the American people began to -perceive that something more was necessary to their safety and happiness -than the formation of State governments;--when they found, or were about -to find, that some digested system of national government was essential -to the great objects for which they were contending; and that, for the -formation of such a government, other arrangements than the varying -instructions of different colonies or states to a body of delegates -were indispensable. The previous illustrations, drawn from the civil and -military history of the country, have been employed to show the -character and operation of the revolutionary government, the end of -which is drawing near. For we have seen that the great purpose of that -government was to secure the independence of each of these separate -communities or states from the crown of Great Britain; that it was -instituted by political societies having no direct connection with each -other except the bond of a common danger and a common object; and that -it was formed by no other instrumentality, and possessed no other -agency, than a single body of delegates assembled in a congress. For -certain great purposes, and in order to accomplish certain objects of -common interest, a union of the people of the different States had -indeed taken place, bringing them together to act through their -representatives; but this union was now failing, from the want of -definite powers; from the unwillingness of the people of the country to -acquiesce in the exercise of the general revolutionary powers with which -it was impliedly clothed; and from the want of suitable civil machinery. -In truth, the revolutionary government was breaking down, through its -inherent defects, and the peculiar infelicity of its situation. Above -all, it was breaking down from the want of a civil executive to take the -lead in assuming and exercising the powers implied from the great -objects for which it was contending. Its legislative authority, -although defined in no written instruments or public charters, was -sufficient, under its implied general powers, to have enabled it to -issue decrees, directing the execution, by its own agents, of all -measures essential to the national safety. But this authority was never -exercised, partly because the States were unwilling to execute it, but -chiefly because no executive agency existed to represent the continental -power, and to enforce its decrees. - - * * * * * - -It is a singular circumstance, that, while the revolutionary government -was left to conduct the great affairs of the continent through the mere -instrumentality of a congress of delegates, and was thus failing for the -want of departments and powers, the States were engaged in applying -those great principles in the organization and construction of popular -governments, under which they may be formed with rapidity and ease, and -which are capable of the most varied adaptation to the circumstances and -wants of a free people. - -The suppression of the royal authority throughout the colonies, by -virtue of the resolve of the Continental Congress passed on the 10th of -May, 1776, rendered necessary the formation of local governments, -capable at once of answering the ends of political society, and of -continuing without interruption the protection of law over property, -life, and public order. Fortunately, as we have seen, the previous -constitutions of all the colonies had accustomed the people, to a great -extent, to the business of government; and, when the recommendation of -the Continental Congress to the several colonies to adopt such -governments as would best conduce to their happiness and safety was made -immediately after the first effusion of blood, it was addressed to civil -societies, in which the people had, in different modes, been long -accustomed to witness and to exercise the functions of legislation, and -in all of which there were established forms of law, of judicature, and -of executive power. - -The new political situation in which they now found themselves required, -in many of the colonies, but little departure from these ancient -institutions. The chief innovation necessary was, to bring into -practical working the authority of the people, in place of that of the -crown of England, as the source of all political power. The changes -requisite to effect this were of course to be made at once; the -materials for these changes existed everywhere, in the representative -institutions which had been long a part of the system of every colony -since the first settlement of the country. Thus, as we have seen, in all -the provincial, the proprietary, and the charter governments, the -freemen of the colony had been accustomed to be represented in the -government, in some form; and although those governments, with a few -exceptions, were under the direct or indirect restraint of the crown, -and could all be reached and controlled by the exercise of arbitrary -power, the practice of representation, through popular elections, was -everywhere known and familiar. The old constitutions of some of the -colonies had also been highly democratic, admitting an election of the -executive, as well as of the legislature, directly by the people;[135] -while, in others, where the executive was appointed by the crown, the -second or less numerous branch of the legislature had been elected by -the people, either directly, or indirectly through the popular assembly. -The foundations, therefore, for popular governments existed in all the -colonies, and furnished the means for substituting the new source of -political power, the will of the people, in the place of that of an -external sovereign. - -But there were other materials, also, for the formation of regular and -balanced governments, with nearer approaches to perfection and with far -greater completeness than a mere democracy can afford to any people, -however familiar they may be with the exercise and the practice of -government. The people of these colonies had been so trained as to be -able to apply those principles in the construction and operation of -government which enable it to work freely, successfully, and wisely, -while resting on a popular basis. They were able to see, that the whole -of what is meant and understood by government is comprehended in the -existence and due operation of legislative, executive, and judicial -powers.[136] They had lived under political arrangements, in which these -powers had been distributed so as to keep them for the most part -distinct from each other, and so as to mark the proper limitations of -each. If, in some instances, the same individuals had exercised more -than one of these powers, the distinctions between the departments, and -the principles which ought to regulate such distinctions, had become -known. The people of the colonies, in general, therefore, saw that -nothing was so important, in constructing a government with popular -institutions, as to balance each of these departments against the -others, so as to leave to neither of them uncontrolled and irresponsible -power. In general, too, they understood, and had always been accustomed -to the application of that other fundamental principle, essential to a -well-regulated liberty, the division of the legislative power between -two separate chambers, having distinct origins and of distinct -constructions.[137] - -But none of these ideas were applied, or were yet thought of being -applied, to the construction of a government for the United States; and -it is therefore at this period that we are to observe the slow progress -making, through disaster and trial, to those great discoveries which led -the way to the Constitution, and that we are to mark the first of those -failures by which the people of America learnt the bitter wisdom of -experience. For the fate of the revolutionary government presents the -first illustration in our history of the complete futility of a -federative union, whose operation as a government should consist merely -in agreeing upon measures in a general council, leaving the execution of -those measures to the separate members of the confederacy. But this -first illustration, we shall soon see, was not sufficient to establish -this truth in the convictions of the American people. - -Another and a severer trial awaited them. They were not only to be -taught once more that a mere federative union was a rope of sand, but -they were also to be taught, that a government instituted upon this -principle for the purposes of a war, in which the separate members of -the confederacy had a common interest, would not answer the exigencies -of a country like this, in time of peace. They were to learn, by a -trying experience, that the vast concerns of peace are far more complex -than the concerns of war; that there were important functions of -government to be discharged upon this continent, which only national -power and national authority can accomplish, and that those functions -are essential, not only to the prosperity and happiness of this nation, -but to the continued existence of republican liberty within the States -themselves. They were to learn this through a state of things verging -upon anarchy; amidst the decay of public virtue; the conflict of -sectional interests; and the almost total dissolution of the bands by -which society is held together. In this state of things was to be at -last developed the fundamental idea on which the Constitution of the -United States now rests,--the political union of the _people_ of the -United States, as distinguished from a union of the _States_ of which -they are citizens. - -We have, therefore, now reached the first stage in the constitutional -history of the country. What has thus far been stated comes to a single -point, the earliest great illustration of the radical defects in a -purely federative union. The next stage which succeeds presents the -second illustration of this important truth. - -FOOTNOTES: - -[103] Washington's Writings, III. 403. - -[104] Writings of Washington, IV. 72. - -[105] Writings of Washington, IV. 100. - -[106] Letter to the President of Congress, Washington's Writings, IV. -110. September 24, 1776. - -[107] Journals, II. 357. - -[108] 500 acres to a colonel; 450 to a lieutenant-colonel; 400 to a -major; 300 to a captain; 200 to a lieutenant; and 150 to an ensign. - -[109] Journals, II. 357. Subsequently, by a resolve passed November 12 -(1776), the option was given to enlist for the war or for three years, -taking away the land bounty from those who enlisted for the latter -period only. Ibid. 454. - -[110] Ibid. - -[111] Journals, II. 403. October 8, 1776. - -[112] Writings of Washington, IV. 173. - -[113] Ibid. 183, 184. - -[114] Writings of Washington, IV. 184. - -[115] Writings, IV. 190. - -[116] Ibid. 197. - -[117] Ibid. 202. - -[118] Ibid. 206. - -[119] Ibid. 211. - -[120] Ibid. 225. - -[121] Writings, IV. 232. - -[122] Journals, II. 475. A committee, at the head of which was Robert -Morris, was appointed to transmit this resolve to General Washington, -and in their letter they said: "We find by these resolves that your -Excellency's hands will be strengthened by very ample powers; and a new -reformation of the army seems to have its origin therein. Happy it is -for this country, that the general of their forces can safely be -intrusted with the most unlimited power, and neither personal security, -liberty, nor property be in the least degree endangered thereby." In his -reply, the General said to the committee: "Yours of the 31st of last -month inclosed to me sundry resolves of Congress, by which I find they -have done me the honor to intrust me with powers, in my military -capacity, of the highest nature, and almost unlimited in extent. Instead -of thinking myself freed from all _civil_ obligations, by this mark of -their confidence, I shall constantly bear in mind, that, as the sword -was the last resort for the preservation of our liberties, so it ought -to be the first thing laid aside when those liberties are firmly -established. I shall instantly set about the most necessary reforms in -the army; but it will not be in my power to make so great a progress as -if I had a little leisure time upon my hands." Writings of Washington, -IV. 257, 552. - -[123] Writings of Washington, IV. 551. - -[124] Writings of Washington, IV. 551. - -[125] Journals, III. 35. - -[126] "We have now to lament," said Robert Morris, in a private Letter -to General Washington, under date of February 27th, 1777 "the absence -from the public councils of America of Johnson, Jay, R. R. Livingston, -Duane, Deane, W. Livingston, Franklin, Dickinson, Harrison, Nelson, -Hooper, Rutledge, and others not less conspicuous, without any proper -appointments to fill their places, and this at the very time they are -most wanted, or would be so, if they had not very wisely supplied the -deficiency by delegating to your Excellency certain powers, that they -durst not have intrusted to any other man. But what is to become of -America, and its cause, if a constant fluctuation is to take place among -its counsellors, and at every change we find reason to view it with -regret?" Writings of Washington, IV. 340, note. - -[127] Massachusetts, in December, 1776, renewed the credentials of John -Hancock, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry, -Francis Dana, and James Lovell, giving power to any three or more of -them, with the delegates from the other American States, to concert, -direct, and order such further measures as shall to them appear best -calculated for the establishment of right and liberty to the American -States, upon a basis permanent and secure against the power and art of -the British administration; for prosecuting the present war, concluding -peace, contracting alliances, establishing commerce, and guarding -against any future encroachments and machinations of their enemies; with -power to adjourn, &c. (Journals, IV. 14.) New Hampshire in the same -month sent William Whipple, Josiah Bartlett, and Mathew Thornton, making -any one of them a full delegation, without any other instructions than -"to represent" the State in the Continental Congress for one year, and -allowing only two of them to attend at a time. (Ibid. 41.) Virginia in -the same month appointed Mann Page, in the room of George Wythe, with -the same general instructions "to represent" the State. (Ibid. 42.) -North Carolina in the same month appointed William Hooper, Joseph Hewes, -and Thomas Burke, and invested them "with such powers as may make any -act done by them, or any of them, or consent given in the said Congress -in behalf of this State, obligatory upon every inhabitant thereof." -(Ibid. 37.) South Carolina chose Arthur Middleton, Thomas Hayward, Jr., -and Henry Laurens, with power "to concert, agree to, and _execute_ every -measure which one or all of them should judge necessary for the defence, -security, or interest of this State in particular, and of America in -general." (Ibid. 53.) Connecticut sent Roger Sherman, Samuel Huntington, -Eliphalet Dyer, Oliver Wolcott, Richard Law, and William Williams, "to -consult, advise, and resolve upon measures necessary to be taken and -pursued for the defence, security, and preservation of the rights and -liberties of the said United States, and for their common safety"; but -requiring them "of such their proceedings and resolves to transmit -authentic copies from time to time to the General Assembly of this -state." (Ibid. 5.) Of the other states, Pennsylvania, Rhode Island, New -York, New Jersey, Maryland, and Georgia, which renewed their delegations -somewhat later in the year, instructed them simply "to represent" the -state in the Continental Congress; and Delaware empowered its delegates, -on behalf of the state, "to concert, agree to, and execute any measure -which they, together with a majority of the Continental Congress, should -judge necessary for the defense, security, interest, and welfare of that -State in particular, and America in general." (Ibid. 64, 315, 171, 169, -395, 54, 403, 86.) - -[128] This was Mr. Abraham Clark, one of the signers of the Declaration -of Independence. Mr. Sparks has preserved a curious letter written by -this gentleman on the subject. Writings of Washington, IV. 298. - -[129] The whole of this alarm evidently arose from the use of the words -"oath of allegiance" in General Washington's proclamation. Probably this -phrase was used by him as a convenient description of the obligation -which he intended to exact. He did not use it as a jurist, but as a -general and a statesman. In a letter written by him on the 5th of -February (1777) to the President of Congress, desiring that body to urge -the States to adopt an oath of fidelity, he said: "From the first -institution of civil government, it has been the national policy of -every precedent state to endeavor to engage its members to the discharge -of their public duty by the obligation of some oath"; and he then -observes, with his characteristic wisdom, that "an oath is the only -substitute that can be adopted to supply the _defect of principle_." He -advised that every State should fix upon some oath or affirmation of -allegiance, to be tendered to all the inhabitants without exception, and -to outlaw those that refused it. (Writings, IV. 311, 312.) Afterwards, -when the Legislative Council of New Jersey--where some of the people had -refused to take the oath required by his proclamation--applied to him to -explain the nature of the oath, and to be furnished with a copy of it, -that they might know whether it was the oath prescribed by the General -Assembly of that State, he informed them that he had prescribed no form, -and had reverted to none prescribed by them; that his instructions to -the brigadiers who attended to that duty were, to insist on nothing more -than an obligation in _no manner to injure the States_; and that he had -left the form to his subordinates; but that if he had known of any form -adapted to the circumstances of the inhabitants, he would certainly have -ordered it. (Ibid. 319, note.) This explanation makes it quite certain, -that what General Washington called in his proclamation an oath of -allegiance was merely a military exaction of an obligation in favor of a -belligerent power against the enemy; and his advice on the subject of a -general civil oath of allegiance, to be exacted by the States, shows -that he understood the niceties of the subject as well as any casuist in -or out of Congress. This topic may be dismissed by reverting here to the -fact, that in February, 1778, Congress prescribed an oath or -affirmation, to be taken by the officers of the army, and all others -holding office under Congress, which was simply a renunciation of -allegiance to the King of Great Britain, an acknowledgment of the -independence of the United States, and a promise to support, maintain, -and defend them against King George III. and his successors, and to -serve the United States in the office mentioned with fidelity, and the -best skill and understanding of the party taking the oath. Journals, IV. -49. - -[130] Ante, p. 100. - -[131] Letter to General Knox, February 11, 1777. Writings, IV. 316. - -[132] Letter to Governor Trumbull, May 11, 1777. Writings, IV. 413. See -also Letter to Major-General Stephen, May 24, 1777. Ibid. 431. - -[133] Marshall's Life of Washington, III. 102. - -[134] The exact numbers of the troops on both sides, in this battle, are -not known. Sir William Howe estimated the American force at 15,000, -including militia; and this number is given in the Annual Register. But -the effective force of the American army was always, at this period of -the war, considerably less than the total number; and Chief Justice -Marshall states it to have been, on this occasion, 11,000, including -militia. The Annual Register gives the number of the royal army brought -into action as 15,000. Marshall supposes it to have been 18,000, when -they landed on the shores of the Chesapeake. Marshall's Life of -Washington, III. 140, 141. Annual Register for 1777, XX. 127. - -[135] Connecticut and Rhode Island. - -[136] See John Adams's letter to R. H. Lee. - -[137] Three of the colonies, namely, New Hampshire, South Carolina, and -Virginia, proceeded to form constitutions of government before the -Declaration of Independence was adopted, under a special recommendation -given to each of them by Congress, in the latter part of the year 1775, -addressed to the provincial convention, advising them "to call a full -and free representation of the people, to establish such a form of -government as in their judgment will best promote the happiness of the -people, and most effectually secure good order in the province during -the continuance of the present dispute between Great Britain and the -colonies." (Journals, I. 231, 235, 279.) In New Hampshire, this -suggestion was carried out in January, 1776, by the representatives of -the people, who had first met as a Provincial Congress of deputies from -the towns, and then assumed the name and authority of a "house of -representatives," or "assembly" of the Colony; in which capacity they -proceeded to elect twelve persons from the several counties, to form a -distinct branch of the legislature, as a council. The council were to -elect their own presiding officer. All acts and resolves, to be valid, -were required to pass both branches; all public officers, except clerks -of courts, were to be appointed by the two houses, and all money bills -were to originate in the popular branch. In case the dispute with Great -Britain should continue longer than the year 1776, and the general -Congress should not give other instructions, it was provided that the -council should be chosen by the people of each county, in a mode to be -prescribed by the council and house. This form of government continued -through the Revolution, and until the year 1790, when a new constitution -was formed. (Pitkin's History of the United States, II. 294.) In South -Carolina, the Provincial Congress likewise resolved itself a "general -assembly," and elected a legislative council, from their own body. By -these two bodies, acting jointly, an executive, styled a president, a -commander-in-chief, and a vice-president, was chosen. The legislative -authority was vested in the president and the two houses. The judiciary -were elected by the two houses and commissioned by the president, and -were to hold their offices during good behavior, subject to removal on -the address of both houses. This form of government remained until June, -1790, when a new constitution was formed by a convention. On the 15th of -May, 1776, the Provincial Convention of Virginia proceeded to prepare a -declaration of rights and a constitution. The latter declared that the -legislative, executive, and judiciary departments ought to be distinct -and separate, and divided the legislative department into two branches, -the house of delegates and the senate, to be called "the General -Assembly of Virginia." The members of the house of delegates were chosen -from each county, and one from the city of Williamsburg and one from the -borough of Norfolk. The senate consisted of twenty-four members, chosen -from as many districts. A governor and council of state were chosen -annually by joint ballot of both houses. The legislature appointed the -judges, who were commissioned by the governor, and held their offices -during good behavior. Massachusetts was one of the colonies whose -situation rendered it necessary to defer the formation of a constitution -for several years. The transition in that colony from the government of -the King to a government of the people took place in the latter part of -the year 1774 and the beginning of 1775. The occurrences which led the -House of Representatives to resolve themselves into a Provincial -Congress have been stated in the text of a previous chapter (ante, p. -26). This body, which assumed the control of the affairs of the colony -in October, 1774, first assembled at Cambridge, where they continued in -session until the 10th of December, and then dissolved themselves, -having first appointed a _Committee of Safety_ to manage the public -concerns, until a new Congress should be assembled. On the 1st of -February, 1775, a new Provincial Congress met at Cambridge, adjourned to -Concord, and thence to Watertown, and were dissolved on the 23d of May. -On the 16th of May, they wrote to the Continental Congress, requesting -their advice on "taking up and exercising the powers of civil -government." In their letter they said, "As the sword should in all free -states be subservient to the civil powers, and as it is the duty of the -magistrate to support it for the people's necessary defence, we tremble -at having an army, although consisting of our own countrymen, -established here, without a civil power to provide for and control -them." On the 9th of June, the Continental Congress passed a resolve, -recommending the election of a new General Assembly, under the -directions of the Provincial Congress, and that the Assembly, when -chosen, should exercise the powers of government, until a governor of -the King's appointment would consent to govern the Colony according to -its charter. (Journals, I. 115.) Meanwhile, a third Provincial Congress -met at Watertown, on the 31st of May, and sat until the 19th. The new -General Assembly of the Province, called "the General Court," after its -ancient usage, met in the mode provided by the charter, and elected a -council. These two branches continued to administer the government, as -nearly in the spirit of the charter as might be, without a governor, -until 1780, when a convention was called and a constitution framed, -similar in all its main features to the present constitution of the -State. The constitutions of the other States were formed under the -general recommendation of the resolve of Congress of May 10th, 1776, -addressed to all the colonies, which contemplated the formation of -permanent governments, and dissolved the allegiance of the people to the -crown of Great Britain. The constitutions of New Jersey, Maryland, -Delaware, and North Carolina were formed in 1776, and that of New York -in April, 1777; all having three branches, the legislative, the -executive, and the judiciary, and all having a legislature consisting of -two houses. The constitution of Georgia was formed in 1789, after the -same general model. That of Pennsylvania was formed in 1776, with a -legislature consisting of a single branch, but with the like division of -the legislative, executive, and judicial departments. - - - - -CHAPTER V. - -NOVEMBER, 1777--MARCH, 1781. - -ADOPTION OF THE ARTICLES OF CONFEDERATION.--CESSIONS OF WESTERN -TERRITORY.--FIRST POLITICAL UNION OF THE STATES. - - -We have now to examine the period which intervened between the -recommendation of the Confederation by Congress, in November, 1777, and -its final adoption by all the States, in March, 1781;--a period of three -years and a half. The causes which protracted the final assent of the -States to the new government, and the mode in which the various -objections were at length obviated, are among the most important topics -in our constitutional history. But, before they are examined, the order -of events by which the Confederation finally became obligatory upon all -the States should here be stated. - -The last clause of the Articles of Confederation directed that they -should be submitted to the legislatures of all the States to be -considered; and if approved of by them, they were advised to authorize -their delegates to ratify the instrument in Congress; upon which -ratification, it was to become binding and conclusive. On the 20th of -June, 1778, a call was made in Congress for the report of the -delegations on the action of their several States, and on the 26th of -the same month a form of ratification was adopted for signature. On the -9th of July, the ratification was signed by the delegates of eight -States; New Hampshire, Massachusetts, Rhode Island, Connecticut, New -York, Pennsylvania, Virginia, and South Carolina. North Carolina -ratified the Articles on the 21st of July; Georgia on the 24th; New -Jersey on the 26th of November; Delaware on the 5th of May, 1779; -Maryland on the 1st of March, 1781. On the 2d of March, 1781, Congress -met under the Confederation. - - * * * * * - -Undoubtedly one of the causes which deferred the full adoption of the -Confederation to so late a period after it was proposed, was the absence -from Congress of many of the most important and able men, whose -attention had hitherto been devoted to the affairs of the continent, but -who began to be occupied with local affairs, soon after the -extraordinary powers were conferred upon General Washington. In October, -1777, Hancock left the chair of Congress, for an absence of two months; -and the votes on a resolution of thanks to him, for his services as -presiding officer, show a great paucity of talent in Congress at that -moment.[138] Twenty-two members only were present, and of these the -only names much known to fame, at that time or since, were those of -Samuel Adams, John Adams, and Elbridge Gerry of Massachusetts, the two -Lees of Virginia, Hayward and Laurens of South Carolina, and Samuel -Chase of Maryland. Franklin, Arthur Lee, and Silas Deane were then in -France. Patrick Henry was Governor of Virginia. Mr. Jefferson was in the -legislature of Virginia, having left Congress in September, in order, as -he has himself recorded, to reform the legislation of the State, which, -under the royal government, was, he says, full of vicious defects.[139] -Mr. Madison was also in the legislature of his native State, a young man -of great promise, but unknown at that time as a continental statesman. -He entered Congress in March, 1780. - -In the year 1778, when the delegations were called upon for reports on -the action of their several States upon the Confederation, and when the -first objections to the Articles were to be encountered, Hancock had -returned to Congress. Samuel Adams and Elbridge Gerry were among his -colleagues from Massachusetts. Mr. John Adams was in Europe, as -Commissioner of the United States to the Court of France. Dr. Franklin -was still abroad. Richard Henry Lee of Virginia, Mr. Laurens and Mr. -Hayward of South Carolina, Roger Sherman, Samuel Huntington, and Oliver -Wolcott of Connecticut, and Robert Morris of Pennsylvania, were -present. The rest of the members, with one brilliant exception, were not -men of great distinction, influence, or capacity. That exception was -Gouverneur Morris, who came into Congress in January of this year, with -a somewhat remarkable youthful reputation, acquired in the public -councils of New York. - -When this Congress is compared with that of the year 1776, and it is -remembered that the Declaration of Independence bears the names of John -Adams and Robert Treat Paine of Massachusetts, Francis Hopkinson of New -Jersey, Benjamin Rush and Dr. Franklin of Pennsylvania, Cæsar Rodney of -Delaware, Samuel Chase of Maryland, George Wythe, Thomas Jefferson, and -Benjamin Harrison of Virginia, William Hooper of North Carolina, and -Edward Rutledge and Arthur Middleton of South Carolina,--none of whom -were now present,--we perceive at once a striking difference in the two -bodies. This difference was not unobserved by those who were then deeply -interested in watching the course of public affairs. More than once it -filled Washington with dark forebodings;[140] and in the early part of -the year 1778, it had attracted the notice of Hamilton, whose vigilant -comprehension surveyed the whole field of public affairs, and detected -the causes of every danger that threatened the health of the body -politic.[141] - -The objections made by the legislatures of several of the States to the -Articles of Confederation were found, when examined, to consist almost -entirely of propositions for mere verbal amendments, chiefly for the -purpose of rendering the instrument more clear. All of these amendments -were rejected. Some of the States objected to the rule for apportioning -the taxes and forces to be raised by the States for the service of the -Union; but Congress rejected every proposition to alter it, as it was -believed to be impossible that any other rule should be agreed upon. - -But there was an objection made by the State of New Jersey, which should -be particularly noticed here, because it foreshadowed the great idea -which the Constitution of the United States afterwards embodied. This -objection was, that the Articles of Confederation contained no provision -by which the foreign trade of the country would be placed under the -regulation of Congress. The sixth of the Articles of Confederation -declared, that no State should levy any imposts or duties, which might -interfere with any stipulations entered into by the United States with -any foreign power pursuant to the treaties already proposed to the -courts of France and Spain; while the ninth article declared that no -treaty of commerce should be made by the United States, whereby the -legislative power of the respective States should be restrained from -imposing such imposts and duties on foreigners as their own people were -subjected to, or from prohibiting the exportation or importation of any -species of goods or commodities whatsoever. The effect of these -provisions was simply to restrain the States from laying imposts which -would interfere with the then proposed treaties; in all other respects, -the foreign trade of each State was left to be regulated by State -legislation. - -The legislature of New Jersey, in a very able memorial, laid before -Congress on the 25th of June, 1778, declared that the sole and exclusive -power of regulating the trade of the United States with foreign nations -ought to be clearly vested in the Congress, and that the revenue arising -from duties and customs ought to be appropriated to the building and -support of a navy for the protection of trade and the defence of the -coasts, and to other public and general purposes, for the common benefit -of the States. They suggested that a great security would be derived to -the Union, from such an establishment of a common and mutual -interest.[142] But this suggestion was both premature and tardy. It was -premature, because the States had not yet learned that their control -over foreign commerce must be surrendered, if they would avoid the evils -of perpetual conflict with each other; and it came too late, because the -Articles of Confederation were practically incapable of amendment, at -the period when the suggestion was made.[143] - - * * * * * - -The great obstacle, however, to the adoption of the Confederation, which -delayed the assent of several of the smaller States for so long a -period, was the claim of some of the larger States to the vacant lands -lying within what they considered their rightful boundaries. The -boundaries of the great States, as fixed by their charters derived from -the crown of England, extended, in terms, "to the South Sea," and each -of these States, as successor, by the Revolution, to the crown, with -regard to territorial sovereignty, claimed to own both the jurisdiction -and the property of all the crown lands within its limits. This claim -was strenuously resisted by Rhode Island, Delaware, New Jersey, and -Maryland. They insisted that Congress ought to have the right to fix the -boundaries of the States whose charters stretched to such an indefinite -extent into the Western wilderness, and that the unoccupied lands ought -to be the property of the whole Union; since, if the independence of the -country should be finally established, those lands would have been -conquered from the crown of England by the common blood and treasure of -all the States. The effect of a tacit recognition of the claims of the -great States upon the welfare of such a State as Maryland, through the -absence from the Articles of Confederation of any provision on the -subject, was strikingly exhibited, by its legislature, in certain -instructions to their delegates in Congress, which were laid before that -body on the 21st of May, 1779. They pointed out two consequences likely -to result from a confirmation of the claim which Virginia had set up to -an extensive and fertile country; the one would be, they said, directly -injurious to Maryland, while the other would be inconsistent with the -letter and spirit of the proposed Confederation. They supposed, on the -one hand, that a sale by Virginia of only a small proportion of these -lands would draw into her treasury vast sums of money, enabling her to -lessen her taxes, and thereby to drain the less wealthy neighboring -State of its most useful inhabitants, which would cause it to sink, in -wealth and consequence, in the scale of the confederated States. On the -other hand, they suggested that Virginia might, and probably would, be -obliged to divide its territory, and to erect a new State, under the -auspices and direction of the elder, from whom it would receive its form -of government, to whom it would be bound by some alliance, and by whose -counsels it would be influenced. They declared that, if this were to -take place, it would be inconsistent with the letter and spirit of the -Confederation already proposed; that, if it were to result in the -establishment of a sub-confederacy, an _imperium in imperio_, the State -possessed of this extensive dominion must then either submit to all the -inconveniences of an overgrown and unwieldy government, or suffer the -authority of Congress to interpose at a future time, and lop off a part -of its territory to be erected into a new and free state, and admitted -into a confederation on such conditions as should be settled by nine -States. If, they asked, it should be necessary for the happiness and -tranquillity of a State thus overgrown, that Congress should, at some -future time, interfere and divide its territory, why should the claim to -that territory be now made and insisted upon? Policy and justice, they -urged, alike required, that a country,--unsettled at the commencement of -the war, claimed by the British crown and ceded to it by the treaty of -Paris,--if wrested from the common enemy by the blood and treasure of -the thirteen States, should be considered as a common property, subject -to be parcelled out by Congress into free, convenient, and independent -governments, in such manner and at such times as their wisdom might -thereafter direct. Coolly and dispassionately considering the subject, -weighing probable inconveniences and hardships against the sacrifice of -just and essential rights, they then instructed their delegates to -withhold the assent of Maryland to the Confederation, until an article -or articles could be obtained in conformity with these views.[144] - -Against this proposition, the State of Virginia, which had already -ratified the Articles of Confederation, so remonstrated, that there -appeared to be no prospect of reconciling the difficulty. At this -juncture the State of New York came forward, and by an act of its -legislature, passed on the 19th of February, 1780, authorized its -delegates in Congress to limit the western boundaries of the State, and -ceded a portion of its public lands for the use and benefit of such of -the United States as should become members of the federal alliance. The -motives upon which this concession was expressly made had reference to -the formation of the Union, by removing, as far as depended upon the -State of New York, the impediment which had so long prevented it.[145] - -After they had received official notice of this act, by a report made on -the 6th of September, 1780, Congress pressed upon the other States, -similarly situated, the policy of a liberal surrender of a portion of -their territorial claims, as they could not be preserved entire without -endangering the stability of the general confederacy;--reminding them -how indispensably necessary it was to establish the Federal Union on a -fixed and permanent basis, and on principles acceptable to all its -respective members,--how essential it was to public credit and -confidence, to the support of the army, to the vigor of the national -councils, to tranquillity at home, to reputation abroad, and to the very -existence of the people of America as a free, sovereign, and independent -people. At the same time, they earnestly requested the legislature of -the State of Maryland to accede to the Confederation.[146] - -That State was not without examples of patriotic confidence among her -smaller sister States. As early as the 20th of November, 1778, New -Jersey had led the way to a generous trust on the part of the States -which still remained out of the Union. She declared that the Articles of -Confederation were in divers respects unequal and disadvantageous to -her, and that her objections were of essential moment to the welfare and -happiness of her people; yet, convinced of the present necessity of -acceding to the confederacy proposed, feeling that every separate and -detached interest ought to be postponed to the general good of the -Union, and firmly believing that the candor and justice of the several -States would, in due time, remove the inequality of which she -complained, she authorized her delegates to accede to the -Confederation.[147] - -Delaware followed with not unequal steps. On the 1st of February, 1779, -she declared that, although she was justly entitled to a right, in -common with the other members of the Union, to that extensive tract of -country lying to the westward of the frontiers of the United States, -gained by the blood and treasure of all, and therefore proper to become -a common estate, to be granted out on terms beneficial to all; yet, for -the same reasons, and from the same motives with those announced by New -Jersey, and with a like faith in the sense of justice of her great -confederates, she ratified the Articles of Confederation.[148] - -These examples were not without influence upon the councils of -patriotic Maryland. On the 30th of January, 1781, her legislature passed -an act, the preamble of which commences with these memorable words: -"Whereas it hath been said, that the common enemy is encouraged, by this -State not acceding to the Confederation, to hope that the union of the -sister States may be dissolved; and they therefore prosecute the war in -expectation of an event so disgraceful to America; and our friends and -illustrious ally are impressed with an idea, that the common cause would -be promoted by our formally acceding to the Confederation: This General -Assembly, conscious that this State hath, from the commencement of the -war, strenuously exerted herself in the common cause, and fully -satisfied that, if no formal confederation were to take place, it is the -fixed determination of this State to continue her exertions to the -utmost, agreeable to the faith pledged in the Union;--from an earnest -desire to conciliate the affection of the sister States, to convince all -the world of our unalterable resolution to support the independence of -the United States, and the alliance with his most Christian Majesty, and -to destroy for ever any apprehension of our friends, or hope in our -enemies, of this State being again united to Great Britain;--Be it -enacted," &c. The act then proceeded to adopt and ratify the Articles of -Confederation, relying on the justice of the other States to secure the -interests of the whole in the unoccupied Western territory.[149] - -As soon as this act of Maryland was laid before Congress, the joyful -news was announced to the country, that the Union of the States was -consummated under the written instrument, which had been so long -projected. The same month which saw the completion of this Union -witnessed a cession by Virginia to the United States of all her claims -to lands northwest of the river Ohio; but the cession was not finally -completed and accepted until the month of March, 1784. This vast -territory, now the seat of prosperous and powerful States, came into the -possession of the United States, under a provision made by Congress, -that such lands should be disposed of for the common benefit of the -United States, and should be settled and formed into distinct republican -States, to become members of the Federal Union, with the same rights of -sovereignty, freedom, and independence as the other States. - -The historian who may, in any generation, record these noble acts of -patriotism and concession, should pause and contemplate the magnitude of -the event with which they were connected. He should pause, to render -honor to the illustrious deeds of that great community, which first -generously withdrew the impediment of its territorial claims; and to the -no less gallant confidence of those smaller States, which trusted to the -future for the final and complete removal of the inequality of which -they complained. He should render honor to the State of New York, for -the surrender of a territory to which she believed her legal title to be -complete; a title which nothing but the paramount equity of the claims -of the whole Confederacy ought to have overcome. That equity she -acknowledged. She threw aside her charters and her title-deeds; she -ceased to use the language of royal grants, and discarded the principle -of succession. She came forth from among her parchments into the forum -of conscience, in presence of the whole American people; -and--recognizing the justice of their claim to territories gained by -their common efforts--to secure the inestimable blessings of union, for -their good and for her own, she submitted to the national will the -determination of her western boundaries, and devoted to the national -benefit her vast claims to unoccupied territories. - -Equal honor should be rendered to New Jersey, to Delaware, and to -Maryland. The two former, without waiting for the action of a single -State within whose reputed limits these public domains were situate, -trusted wholly to a future sense of justice, and ratified the Union in -the confidence that justice would be done. The latter waited; but only -until she saw that the common enemy was encouraged, and that friends -were disheartened, by her reserve. Seeing this, she hesitated no longer, -but completed the union of the States before Virginia had made the -cession, which afterwards so nobly justified the confidence that had -been placed in her.[150] - -The student of American constitutional history, therefore, cannot fail -to see, that the adoption of the first written constitution was -accomplished through great and magnanimous sacrifices. The very -foundations of the structure of government since raised rest upon -splendid concessions for the common weal, made, it is true, under the -stern pressure of war, but made from the noblest motives of patriotism. -These concessions evince the progress which the people of the United -States were then making towards both a national character and a national -feeling. They show that, while there were causes which tended to keep -the States apart,--the formation of State constitutions, the conflicting -interests growing out of the inequalities of these different -communities, and the previous want of a national legislative -power,--there were still other causes at work, which tended to draw -together the apparently discordant elements, and to create a union in -which should be bound together, as one nation, the populations which had -hitherto known only institutions of a local character. The time was -indeed not come, when these latter tendencies could entirely overcome -the former. It was not until the trials of peace had tested the strength -and efficiency of a system formed under the trials of war,--when another -and a severer conflict between national and local interests was to shake -the republic to its centre,--that a national government could be formed, -adequate to all the exigencies of both. Still, the year 1781 saw the -establishment of the Confederation, caused by the necessities of -military defence against an invading enemy. But it was accomplished -only through the sacrifice of great claims; and the fact that it was -accomplished, and that it led the way to our present Constitution, -proves at once the wisdom and the patriotism of those who labored for -it. - -The great office of the Confederation, in our political history, will -be a proper topic for consideration, after the analysis of its -provisions. But we should not omit to observe here, that, when the -union of the States was thus secured, the motives on which it was -formed, and the concessions by which it was accompanied and followed, -created a vast obstacle to any future dissolution. The immediate -object of each State was to obtain its own independence of the crown -of Great Britain, through the united, and therefore more powerful, -action of all the States. But, in order to effect such a union, that -immense territory, over which, in the language of Maryland, "free, -convenient, and independent governments" were afterwards to be formed, -was to be ceded in advance, or to be impliedly promised to be ceded, -to the use and benefit of the whole confederacy. A confederacy of -states, which had become possessed of such a common property, was thus -bound together by an interest, the magnitude and force of which cannot -now be easily estimated. The Union might incur fresh dangers of -dissolution, after the war had ceased; its frame of government and its -legislative power might prove wholly inadequate to the national wants -in time of peace; the public faith might be prostrated, and the -national arm enfeebled;--still, while the Confederacy stood as the -great trustee of property large enough for the accommodation of an -empire, a security existed against its total destruction. No State -could withdraw from the Confederation, without forfeiting its interest -in this grand public domain; and no human wisdom could devise a -satisfactory distribution of property ceded as a common fund for the -common benefit of sovereign States, without any fixed ratio of -interest in the respective beneficiaries, and without any clear power -in the government of the Confederation to deal with the trust -itself.[151] - -FOOTNOTES: - -[138] Hancock retired on the 31st of October, for a short absence, after -an unremitted service of two years and five months in the chair. A vote -of thanks was moved, as soon as he had concluded his address; but before -the question was put, it was moved "to resolve as the opinion of -Congress, that it is improper to thank any president for the discharge -of the duties of that office"; and it is a curious fact, that on this -motion the States were equally divided. The previous motion was then -put, and five States voted in the affirmative, three in the negative, -and the delegation of one State was divided. Journals, III. 465-467. - -[139] Writings of Jefferson, I. 29. - -[140] Writings of Washington, V. 326, 327, 350. - -[141] "America once had a representation that would do honor to any age -or nation. The present falling off is very alarming and dangerous. What -is the cause? and How is it to be remedied? are questions that the -welfare of these States requires should be well attended to. The great -men who composed our first council,--are they dead, have they deserted -the cause, or what has become of them? Very few are dead, and still -fewer have deserted the cause: they are all, except the few who still -remain in Congress, either in the field, or in the civil offices of -their respective States; far the greater part are engaged in the latter. -The only remedy, then, is to take them out of these employments, and -return them to the place where their presence is infinitely more -important. Each State, in order to promote its own internal government -and prosperity, has selected its best members to fill the offices within -itself, and conduct its own affairs. Men have been fonder of the -emoluments and conveniences of being employed at home; and local -attachment, falsely operating, has made them more provident for the -particular interests of the States to which they belonged, than for the -common interests of the Confederacy. This is a most pernicious mistake, -and must be corrected. However important it is to give form and -efficiency to your interior constitutions and police, it is infinitely -more important to have a wise general council; otherwise, a failure of -the measures of the Union will overturn all your labors for the -advancement of your particular good, and ruin the common cause. You -should not beggar the councils of the United States to enrich the -administration of the several members. Realize to yourself the -consequences of having a Congress despised at home and abroad. How can -the common force be exerted, if the power of collecting it be put in -weak, foolish, and unsteady hands? How can we hope for success in our -European negotiations, if the nations of Europe have no confidence in -the wisdom and vigor of the great continental government? This is the -object on which their eyes are fixed; hence it is, America will derive -its importance or insignificance in their estimation." Letter by -Hamilton to George Clinton, written from the head-quarters of the army, -February 13, 1778. Writings of Washington, V. 508. - -[142] Journals, IV. 269, 270. This wise and well-considered document -contained many other very important suggestions; among which was that of -an oath, test, or declaration to be taken by the delegates in Congress, -previous to their admission to their seats. "It is indeed to be -presumed," said the memorial, "that the respective States will be -careful that the delegates they send to assist in managing the general -interests of the Union, take the oaths to the government from which they -derive their authority: but as the United States, collectively -considered, have interests as well as each particular State, we are of -opinion, that some test or obligation, binding upon each delegate while -he continues in the trust, to consult and pursue the former as well as -the latter, and particularly to assent to no vote or proceeding which -may violate the general confederation is necessary. The laws and usages -of all civilized nations evince the propriety of an oath on such -occasions, and the more solemn and important the deposit, the more -strong and explicit ought the obligation to be." - -[143] Three States only voted in favor of adopting any of the -suggestions made by New Jersey: six voted against them, and one was -divided. Journals, IV. 272. - -[144] Secret Journals, I. 433. - -[145] Secret Journals, I. 440. - -[146] Ibid. 442. - -[147] Secret Journals, I. 421. - -[148] Ibid. 424. - -[149] Secret Journals, I. 445. - -[150] After the Confederation had thus been formed, by subsequent -cessions of their claims by the other States, to use the language of Mr. -Justice Story, "this great source of national dissension was at last -dried up." - -[151] One of the great inducements to the adoption of the Constitution -of the United States was to give the general government adequate -constitutional power to dispose of the Western territory and to form new -States out of it. Congress, under the Confederation, had no express -authority to do this, although they proceeded both to dispose of the -lands and to erect new States, by the Ordinance of 1787. See The -Federalist, No. 38, 42, 43. Story's Commentaries on the Constitution, -III. 184-190, 1st edition. - - - - -CHAPTER VI. - -NATURE AND POWERS OF THE CONFEDERATION. - - -The nature of the government established by the Articles of -Confederation can be understood only by an analysis of their provisions. -For this purpose, the instrument must here be examined with reference to -three principal topics: first, the union which it established between -the different members of the Confederacy; second, the form of the -government which it created; and third, the powers which it conferred, -or omitted to confer, upon that government. - - -I. The parties to this instrument were free, sovereign, and independent -political communities,--each possessing within itself all the powers of -legislation and government, over its own citizens, which any political -society can possess. But, by this instrument, these several States -became united together for certain purposes. The instrument was styled, -"Articles of Confederation and Perpetual Union between the States," and -the political body thus formed was entitled "The United States of -America." The Articles declared--as would, indeed, be implied, in such -circumstances, without any express declaration--that each State -retained its sovereignty, freedom, and independence, and every power, -jurisdiction, and right not expressly delegated by the instrument itself -to the United States in Congress assembled. The nature and objects of -this union were described as a firm league of friendship between the -States, for their common defence, the security of their liberties, and -their mutual and general welfare; and the parties bound themselves to -assist each other against all force offered to or attacks made upon -them, or any of them, on account of religion, sovereignty, trade, or -under any pretence whatever. - -It was also provided, that the free inhabitants of each State should be -entitled to all the privileges of free citizens in the several -States;[152] that there should be an open intercourse and commerce -between the different States; that fugitives from justice from one State -to another should be delivered up; and that full faith and credit should -be given in each State to the records, acts, and judicial proceedings of -every other State.[153] - - -II. The government established by the Articles of Confederation -consisted of a single representative body, called a General Congress. -In this body were vested all the powers, executive, legislative, and -judicial, granted to the United States. The members of it were to be -chosen by the States, in such manner as the legislature of each State -might determine; no State to be represented by more than seven -delegates, or by less than two. No delegate was eligible for more than -three years in a period of six; and no delegate could hold any office of -emolument under the United States. Each State was to maintain its own -delegates, and in the determination of questions, the voting was to be -by States, each State having one vote. - - -III. It should be remembered, that the objects and purposes of the -Confederation related chiefly to the defence of the States against -external attacks; and it was, therefore, as it purported to be, a league -for mutual defence and protection, through the combined powers of the -whole, operating in certain forms and under certain restrictions. For -the manner in which this new authority was to be exercised, we are to -look at the powers conferred upon "the United States in Congress -assembled." These powers related to external and to internal affairs. - -With regard to the external relations of the country, Congress was -invested with the sole and exclusive right of determining on peace and -war, unless in case of an invasion of a State by enemies, or an imminent -danger of invasion by Indians; of sending and receiving ambassadors; of -entering into treaties and alliances, under the limitation that no -treaty of commerce could be made, which would have the effect to -restrain the legislature of any State from imposing such imposts and -duties on foreigners as their own people were subjected to, or which -would operate to prohibit the exportation or importation of any -commodity whatever. Congress was also invested with power to deal with -all captures and prizes made by the land or naval forces of the United -States; to grant letters of marque and reprisal in times of peace; and -to establish courts for the trial of piracies and felonies committed on -the high seas, and for determining appeals in cases of capture. - -With regard to internal affairs, Congress was invested with power to -decide, in the last resort, on appeal, all disputes between two or more -States, concerning boundary, jurisdiction, or any other cause; and also -all controversies concerning land-titles, where the parties claimed -under different grants of two or more States before the settlement of -their jurisdiction; but no State was to be deprived of territory for the -benefit of the United States. Congress was also invested with the sole -and exclusive right and power of regulating the alloy and value of coin -struck by their authority, or by that of any of the United States; of -fixing the standard of weights and measures throughout the United -States; of regulating the trade and managing all affairs with the -Indians, who were not members of any State, provided that the -legislative authority of any State, within its own limits, should not be -infringed or violated; of establishing and regulating post-offices from -one State to another, and exacting postage to defray the expenses; of -appointing all officers of the land forces in the service of the United -States, and of making rules for the government and regulation of the -land and naval forces, and directing their operations. - -Congress was also invested with power to appoint a "committee of the -States," to sit in the recess of Congress, to consist of one delegate -from each State, and other committees and civil officers, to manage the -general affairs under their direction; to appoint one of their number to -preside, but authorizing no person to serve in the office of president -more than one year in a term of three years; to ascertain and -appropriate the necessary sums for the public service; to borrow money -and emit bills on the credit of the United States; to build and equip a -navy; and to agree upon the number of land forces and make requisitions -upon each State for its quota, in proportion to the numbers of white -inhabitants in such State. The legislature of each State was to appoint -the regimental officers, enlist the men, and clothe, arm, and equip -them, at the expense of the United States. - -Such were the powers conferred upon Congress by the Articles of -Confederation. But the restrictions imposed, in the same instrument, -greatly qualified and weakened, and in fact almost rendered nugatory, -the greater part of them. It was expressly provided, that Congress -should never engage in a war; nor grant letters of marque or reprisal in -time of peace; nor enter into any treaties or alliances; nor coin money -or regulate its value; nor ascertain the sums of money necessary for the -public purposes; nor emit bills; nor borrow money on the credit of the -United States; nor appropriate money; nor agree upon the number of -vessels for the navy, or the number of land or sea forces to be raised; -nor appoint a commander-in-chief of the army or navy;--unless nine -States should assent to the same. The Committee of the States authorized -to sit during the recess of Congress could not do any of these things, -for the assent of nine States could not be delegated. - -The revenues of the country were left by the Articles of Confederation -wholly in the control of the separate States. It was provided, that all -charges of war, and all other expenses for the common defence or general -welfare, should be defrayed out of a common treasury; but this treasury -was to be supplied, not by taxes, duties, or imposts, levied by or under -the authority of Congress, but by taxes to be laid and levied by the -legislatures of the several States, within such time as might be fixed -by Congress. The amount to be furnished by each State was in proportion -to the value of the land within its limits granted or surveyed, and the -buildings and improvements thereon, to be estimated according to the -mode prescribed by Congress. The sole means, therefore, which the -Confederation gave to Congress of supplying the treasury of the United -States, was to vote what sum was wanted, and to call upon the -legislature of each State to pay in its proportion within a given time. -The commerce of the country was left entirely within the control of the -State legislatures; rendering it the commerce of thirteen different -States, each of which could levy what duties it saw fit upon all exports -and imports, provided they did not interfere with any treaties then -proposed, or touch the property of the United States, or that of any -other State. The United States had no power of taxation, direct or -indirect. - -The Articles of Confederation were also entirely without any provision -for enforcing the measures which they authorized Congress to adopt for -the general welfare of the Union. It was declared in the instrument, -that every State should abide by the determinations of Congress on all -the questions over which the instrument gave that body control; that the -Articles should be inviolably observed by every State; that the Union -should be perpetual; and that no alterations should be made in any of -the Articles, unless agreed to by Congress, and confirmed by the -legislature of every State. But these declarations, however strong and -emphatic in their terms, only made the Confederation in fact, as in -name, a league or compact between sovereign States; for it gave the -government of the Union no power to enforce its own measures or laws by -process upon the persons of individuals, and consequently any party to -the instrument could infringe any or all of its provisions, without any -other consequence than a resort to arms by the general Confederacy, -which would have been civil war. - -These, with some restrictions upon the power of the States in regard to -the making of treaties, engaging in war, sending ambassadors, and some -other topics, were the main provisions of the Articles of Confederation; -and under the government thus constituted, the United States, on the -second day of March, 1781, entered upon a new era of civil polity, and -commenced a new existence, under somewhat happier auspices than they had -known before. - -It will be seen, in the further development of the period which followed -the establishment of this Confederation, down to the calling of the -Convention which framed the Constitution, that what I have called the -great office of the Confederation, in our political system, was indeed a -function of vast importance to the happiness of the American people, -but, at the same time, was one that was necessarily soon fulfilled, to -be followed by a more perfect organization for the accomplishment of the -objects and the satisfaction of the wants which it brought in its train. -This office of the Confederation was, to demonstrate to the people of -the American States the practicability and necessity of a more perfect -union. The Confederation showed to the people of these separate -communities, that there were certain great purposes of civil government, -which they could not discharge by their separate means; that -independence of the crown of Great Britain could not be achieved by any -one of them, unassisted by all the rest; that no one of them, however -respectable in population or resources, could be received and dealt -with, by the governments of the world, as a nation among nations;--but -that, by union among themselves, by some political tie, which should -combine all their resources in the hands of one directing power, and -make them, in some practical sense, one people, it was possible for them -to achieve their independence, and take a place among the nations. The -Confederation made it manifest, that these consequences could be -secured. It did not, indeed, answer all the purposes, or accomplish all -the objects, which had been designed or hoped from it: it was defective -as a means; but it taught the existence of an end, and demonstrated the -possibility of reaching that end, by showing that in some form, and for -some purposes, a union of the States was both possible and necessary. It -thus made the permanent idea of union familiar to the people of the -different States. It did more than this. It created a larger field for -statesmanship, by creating larger interests, to be managed by that -higher order of men, who could rise above local concerns and sectional -objects, and embrace within the scope of their vision the happiness and -welfare of a continent. It introduced to men's minds the great ideas of -national power and national sovereignty, as the agencies that were to -work out the difficult results, which no local power could accomplish; -and, although these ideas were at first vague and indefinite, and made -but a slow and difficult progress against influences and prejudices of a -narrower kind, they were planted in the thoughts of men, to ripen into -maturity and strength in the progress of future years. When the eagle -grasped in his talons the united shafts of power, and unfurled the -scroll which taught that one people could be formed out of many -communities, the destiny of America was ascertained.[154] - -FOOTNOTES: - -[152] That is to say, that a citizen of any State might go and reside in -any other State, and be there entitled to all the privileges of a -citizen of that State. - -[153] The meaning of this is, that, on the production in any State of a -law passed or of a judgment rendered in any other State, properly -authenticated, it should be admitted that such a law had been passed or -such a judgment rendered in the State whose act it purported to be, and -that all the legal consequences should follow. - -[154] The armorial bearings of the United States were adopted on the -20th of June, 1782. Journals, VII. 395. - - - - -BOOK II. - -THE CONSTITUTIONAL HISTORY OF THE UNITED STATES, FROM THE ADOPTION OF -THE ARTICLES OF CONFEDERATION, IN 1781, TO THE PEACE OF 1783. - - - - -CHAPTER I. - -1781-1783. - -REQUISITIONS.--CLAIMS OF THE ARMY.--NEWBURGH ADDRESSES.--PEACE -PROCLAIMED.--THE ARMY DISBANDED. - - -The interval of time which extends from the adoption of the Articles of -Confederation to the initiatory steps for the formation of the -Constitution, must, for our purpose, be divided into two periods; that -which preceded and that which followed the peace of 1783; in both of -which the defects of the Confederation were rapidly developed, and in -both of which efforts were made to supply those defects, by an -enlargement of the powers of Congress. Our attention, however, will be -confined, in the present Book, to the first of these periods. - - * * * * * - -Congress assembled, under the Confederation, on the 2d of March, 1781, -and the Treaty of Peace, which put an end to the war and admitted the -independence of the United States, was definitively signed on the 3d of -September, 1783, and was ratified and proclaimed by Congress on the 14th -of January, 1784. - -Notwithstanding the solemn engagements into which the States had entered -with each other, under the Articles of Confederation, the prospect of -bringing the war to a close, through a compliance with those -obligations, was exceedingly faint, at the commencement of the campaign -of 1782. The United States had made a treaty of alliance with the king -of France, in 1778;[155] and in pursuance of that treaty, six thousand -French troops arrived at Newport in July, 1780, and in the spring of -1781 joined the American army near New York. The presence in the country -of a foreign force, sent hither by the ancient rival of England, to -assist the people of the United States in their contest for -independence, encouraged an undue reliance upon external aid. Many of -the States became culpably remiss in complying with the requisitions of -Congress; and, although they had so recently authorized Congress to make -requisitions, both for men and money, and had provided the form in which -they were to be made, the adoption of the Articles of Confederation had -very little tendency to render the States prompt to discharge the -obligations which they imposed. In October and November, 1781, Congress -called upon the States to raise their several quotas of eight millions -of dollars, for the use of the United States, and recommended to them to -lay taxes for raising these quotas separate from those laid for their -own particular use, and to pass acts directing the collectors of the -taxes, intended for the use of the United States, to pay the same -directly into the treasury of the Union.[156] In December of the same -year, Congress also called upon the States, with great urgency, to -complete their quotas of troops for the next campaign.[157] - -The aid of Washington was invoked, to influence the action of the States -upon these requisitions. On the 22d of January, 1782, he addressed a -circular letter to the governors of the States, to be laid before their -respective legislatures, on the subject of finance; reminding them how -the whole army had been thrown into a ferment twelve months before, for -the want of pay and a regular supply of clothing and provisions; warning -them that the recent successes in Virginia, by the capture of Lord -Cornwallis's army, might have a fatal tendency to cool the ardor of the -country in the prosecution of the war; assuring them that a vigorous -prosecution of that war could alone secure the independence of the -United States; and urging them to adopt such measures as would insure -the prompt payment of the sums which Congress had called for.[158] A few -days afterwards, he addressed a similar letter to the States, on the -subject of completing their quotas of troops, in which he told them that -the continuance or termination of the war now rested on their vigor and -decision; and that, even if the enemy were, in consequence of their late -reverses, disposed to treat, nothing but a decidedly superior force -could enable us boldly to claim our rights and dictate the terms of -pacification. "And soon," he said, "might that day arrive, and we might -hope to enjoy all the blessings of peace, if we could see again the same -animation in the cause of our country inspiring every breast, the same -passion for freedom and military glory impelling our youths to the -field, and the same disinterested patriotism pervading every rank of -men, that was conspicuous at the commencement of this glorious -revolution; and I am persuaded that only some great occasion was -wanting, such as the present moment exhibits, to rekindle the latent -sparks of that patriotic fire into a generous flame, to rouse again the -unconquerable spirit of liberty, which has sometimes seemed to slumber -for a while, into the full vigor of action."[159] - -Notwithstanding these urgent appeals, the spring of 1782 arrived, and -the summer passed away, without any substantial compliance by the States -with the requisitions of Congress for either men or money. When -Washington arrived in camp, in May, to commence the campaign that was to -extort from the British government--now in the hands of a new ministry, -supposed to be more favorable to peace--the terms which he hoped might -be procured, there were less than ten thousand men in the Northern army; -and their numbers were not much increased during the summer.[160] Great -and dangerous discontents now existed in the army, both among officers -and soldiers, concerning the arrearages of pay; for, as the prospects -of peace became brighter, it seemed to become more and more probable, -that the army would ultimately be disbanded without adequate provision -for its claims, and that officers and men would be thrown penniless upon -the world, unpaid by the country whose independence they had achieved. - -At this period there occurred the famous proceedings of the officers, -called the Newburgh Addresses, on the subject of half-pay; and since the -claims of the officers and soldiers, as public creditors of the United -States, are intimately connected with the constitutional history of the -country, it is needful to give here a brief account of them. - -The pay of the officers in the Revolutionary army was originally -established upon so low a scale, that men with families dependent upon -them could feel little inducement to remain long in a service, the close -of which was to be rewarded only with a patent for a few hundred acres -of land in some part of the Western wilderness. In the year 1778, it had -become apparent to Washington, that something must be done to avert the -consequences of the mistaken policy on which Congress had acted with -reference to the army; and while at Valley Forge,--that scene of -dreadful suffering by the army,--he wrote on this subject to the -President of Congress the first of a series of most able and instructive -letters, which extend through the five following years.[161] - -On the 17th of April, after this first letter had been laid before -Congress, a resolution was moved, that an establishment of half-pay be -made for officers, who should serve during the war; to begin after its -conclusion.[162] Four days afterwards, the sense of the house was taken -on the question, whether there should be any provision made for the -officers after the conclusion of the war, and the affirmative was -carried, by the votes of eight States against four.[163] On the 26th of -April, a proposition, that half-pay be granted for life, to commence at -the close of the war, passed by a majority of one State; six States -voting in the affirmative, five in the negative, and one being -divided.[164] The next day, the value of this vote was destroyed by a -resolution, which provided that the United States should have the right -to redeem the half-pay for life, by giving to the officer entitled six -years' half-pay;[165] and on the 15th of May, Congress substituted for -the whole scheme a provision of half-pay for seven years, taking away -the option of half-pay for life.[166] - -This miserable and vacillating legislation shows the unpopularity of the -scheme of such an establishment, although demanded alike by -considerations of justice and policy.[167] The spirit which, for a -time, actuated a large part of the people of this country towards the -men who were suffering so much in the cause of national independence, -evinces an extreme jealousy for the abstract principles of civil -liberty, unmitigated by the generous virtues of justice and gratitude. -This spirit was duly represented in Congress. The main arguments -employed out of doors were, that pensions were contrary to the maxims -and spirit of our institutions; that to grant half-pay for life to the -officers was establishing a privileged class of men, who were to live -upon the public for the rest of their days; and that the officers -entered the service on the pay and inducements originally offered, -without any promise or prospect of such a reward. This kind of -impracticable adherence to a principle, working in this instance the -greatest injustice and leading ultimately to a breach of public faith, -was the principal cause that prolonged the war, and made it cost so much -suffering, so much blood, and so much treasure. The people of the United -States adhered so tenaciously to the principles and axioms of freedom, -that, even when they had undertaken a war for their own security and -independence against a foreign foe, they would not establish a -government with the power of direct taxation, or organize an army with -suitable rewards for service. The want of such a power in their -government led to the enormous emissions of paper money, which brought -with them a long train of sufferings and disasters, ending at last in -national bankruptcy. The want of justice to the army placed the civil -liberty of the country in imminent danger, and finally led to the cruel -oppression of men, whose valor had first won, and whose patriotism then -saved it from destruction. - -In the six months which followed the vote of the 15th of May, 1778, the -provision which it had made was found to be wholly inadequate, and -General Washington, then at Philadelphia, again earnestly pressed the -subject upon the attention of Congress. On the 11th of August, 1779, a -report from a committee on this subject being under consideration, a -motion was made to amend it, by inserting a provision that the half-pay -granted by the resolve of the 15th of May, 1778, be extended so as to -continue for life; and this motion was carried by a vote of eight States -against four.[168] On the 17th, Congress resolved that the consideration -of that part of the report for extending the half-pay be postponed, and -that it be recommended to the several States that had not already -adopted measures for that purpose, to make such further provision for -the officers and soldiers enlisted for the war, who should continue in -service till the establishment of peace, as would be an adequate -compensation for their dangers, losses, and hardships, either by -granting to the officers half-pay for life and proper rewards to the -soldiers, or in such other manner as might appear most expedient to the -legislatures of the several States.[169] - -Before the passage of this resolve, the State of Pennsylvania had placed -her officers upon an establishment of half-pay for life, and with the -happiest consequences. But no other State followed her example; and in -the autumn of 1780, it became necessary for Washington to apply to -Congress again.[170] At length, in consequence of his earnest and -repeated appeals, a resolve was passed, on the 21st of October, that the -officers who should continue in service to the end of the war should be -entitled to half-pay during life, to commence from the time of their -reduction.[171] - -From this time, therefore, the officers of the army continued in the -service, relying upon the faith of the country, as expressed in the vote -of the 21st of October, 1780, and believing, until they saw proof to the -contrary, that the public faith thus pledged to them would be -observed.[172] But they were destined to a severe disappointment; and -one of the causes of that disappointment was the adoption of the -Articles of Confederation. The very change in the constitutional -position of the country, from which the most happy results were -anticipated, and which undoubtedly cemented the Union, became the means -by which they were cheated of their hopes. The Congress of 1780, which -had pledged to them a half-pay for life, was the Revolutionary Congress; -but the Congress which was to redeem this pledge was the Congress of the -Confederation, which required a vote of nine States for an appropriation -of money, or a call upon the States for their proportions. When the vote -granting the half-pay for life was passed, there were less than nine -States in favor of the measure; and after the Confederation was -established, the delegates of the States which originally opposed the -provision could not be brought to consider it in its true light,--that -of a compact with the officers. It was even contended that the vote, -having passed before the Confederation was signed and acted upon, was -not obligatory upon the Congress under the Confederation, as that -instrument required the votes of nine States for an appropriation of -money. In this manner, men deluded themselves with the notion, that a -change in the form of a government, or in the constitutional method of -raising money to discharge the obligations of a contract, can dissolve -those obligations, or alter the principles of justice on which they -depend. The States in the opposition to the measure refused to be -coerced, as they were pleased to consider it, and in the autumn of 1782, -the officers became convinced that they had nothing to hope for from -Congress, but a reference of their claims to their several States.[173] - - -In November, 1782, preliminary and eventual articles of peace were -agreed upon between the United States and Great Britain, by their -plenipotentiaries. Nothing had been done by Congress for the claims of -the army, and it seemed highly probable that it would be disbanded -without even a settlement of the accounts of the officers, and if so, -that they would never receive their dues. Alarmed and irritated by the -neglect of Congress; destitute of money and credit and of the means of -living from day to day; oppressed with debts; saddened by the distresses -of their families at home, and by the prospect of misery before -them,--they presented a memorial to Congress in December, in which they -urged the immediate adjustment of their dues, and offered to commute the -half-pay for life, granted by the resolve of October, 1780, for full pay -for a certain number of years, or for such a sum in gross, as should be -agreed on by their committee sent to Philadelphia to attend the progress -of the memorial through the house. It is manifest from statements in -this document, as well as from other evidence, that the officers were -nearly driven to desperation, and that their offer of commutation was -wrung from them by a state of public opinion little creditable to the -country. They recited their hardships, their poverty, and their -exertions in the cause; and all that they said was fully borne out by -their great commander, in his personal remonstrances with many of the -members of Congress. The officers asserted, that many of their brethren, -who had retired on the half-pay promised by the resolve of 1780, were -not only destitute of any effectual provision, but had become objects of -obloquy; and they referred with chagrin to the odious view in which the -citizens of too many of the States endeavored to place those who were -entitled to that provision. - -But, from the prevailing feeling in Congress and in the country, nothing -better was to be expected than a compromise in place of the discharge of -a solemn obligation; and this feeling no American historian should fail -to record and to condemn. If these men had borne only the character of -public creditors, a state of public feeling which drove them into a -compromise of their claims ought always to be severely reprehended. But, -beyond the capacity of public creditors, they were the men who had -fought the battles which liberated the country from a foreign yoke; who -had endured every extremity of hardship, every form of suffering, which -the life of a soldier knows; who had stood between the common soldiery -and the civil power; and often, at the hazard of their lives, preserved -that discipline and subordination which the civil power had done too -much to hazard. They were, in a word, the men of whom their commander -said, that they had exhibited more virtue, fortitude, self-denial, and -perseverance, than had perhaps been then paralleled in the history of -human enthusiasm. - -Painful, therefore, as it is, this lesson, of the wrong that may be done -by a breach of public faith, must be read. It lies open on the page of -history, and is the case of those to whose right arms the people of -this country owe the splendid inheritance of liberty. All real -palliations should be sought for and admitted. The country was poor: no -proper system of finance had been, or could be, developed by a -government which had no power of taxation; and the ideas and feelings of -the people of many of the States were provincial, and without the -liberality and enlargement of thought which comes of intercourse with -the world. But, after every apology has exhausted its force, the -conscientious student of history must mark the dereliction from public -duty; must admit what the public faith required; and must observe the -dangerous consequences which attend, and must ever attend, the breach of -a public obligation. - -The immediate consequences which followed, in this instance, were -predicted by General Washington, who gave the clearest warning, in -advance of the officers' memorial, of the hazards that would attend the -further neglect of their claims. But his warning seems to have been -unheeded, or to have made but little impression against the prevailing -aversion to touch the unpopular subject of half-pay. The committee of -the officers were in attendance upon Congress during the whole winter, -and early in March, 1783, they wrote to their constituents that nothing -had been done. - -At this moment, the predicament in which Washington stood, in the double -relation of citizen and soldier, was critical and delicate in the -extreme. In the course of a few days, all his firmness and patriotism, -all his sympathies as an officer, on the one side, and his fidelity to -the government on the other, were severely tried. On the 10th of March, -an anonymous address was circulated among the officers at Newburgh, -calling a meeting of the general and field officers, and of one officer -from each company, and one from the medical staff, to consider the late -letter from their representatives at Philadelphia, and to determine what -measures should be adopted to obtain that redress of grievances which -they seemed to have solicited in vain. It was written with great ability -and skill.[174] It spoke the language of injured feeling; it pointed -directly to the sword, as the remedy for injustice; and it spoke to men -who were suffering keenly under public ingratitude and neglect. Its -eloquence and its passion fell, therefore, upon hearts not insensible, -and a dangerous explosion seemed to be at hand. Washington met the -crisis with firmness, but also with conciliation. He issued orders -forbidding an assemblage at the call of an anonymous paper, and -directing the officers to assemble on Saturday, the 15th, to hear the -report of their committee, and to deliberate what further measures ought -to be adopted as most rational and best calculated to obtain the just -and important object in view. The senior officer in rank present was -directed to preside, and to report the result to the Commander-in-chief. - -On the next day after these orders were issued, a second anonymous -address appeared from the same writer. In this paper, he affected to -consider the orders of General Washington, assuming the direction of the -meeting, as a sanction of the whole proceeding which he had proposed. -Washington saw, at once, that he must be present at the meeting himself, -or that his name would be used to justify measures which he intended to -discountenance and prevent. He therefore attended the meeting, and under -his influence, seconded by that of Putnam, Knox, Brooks, and Howard, the -result was the adoption of certain resolutions, in which the officers, -after reasserting their grievances, and rebuking all attempts to seduce -them from their civil allegiance, referred the whole subject of their -claims again to the consideration of Congress. - -Even at this distant day, the peril of that crisis can scarcely be -contemplated without a shudder. Had the Commander-in-chief been other -than Washington, had the leading officers by whom he was surrounded been -less than the noblest of patriots, the land would have been deluged with -the blood of a civil war. But men who had suffered what the great -officers of the Revolution had suffered, had learned the lessons of -self-control which suffering teaches. The hard school of adversity in -which they had passed so many years made them sensible to an appeal -which only such a chief as Washington could make; and, when he -transmitted their resolves to Congress, he truly described them as "the -last glorious proof of patriotism which could have been given by men who -aspired to the distinction of a patriot army; not only confirming their -claim to the justice, but increasing their title to the gratitude, of -their country."[175] - -The effect of these proceedings was the passage by Congress of certain -resolves, on the 22d of March, 1783, commuting the half-pay for life to -five years' full pay after the close of the war, to be received, at the -option of Congress, in money, or in such securities as were given to -other creditors of the United States.[176] On the 4th of July, the -accounts of the army were ordered to be made up and adjusted, and -certificates of the sums due were required to be given in the form -directed by the Superintendent of the Finances. On the 18th of October, -a proclamation was issued, disbanding the army. - - * * * * * - -From this time, the officers passed into the whole mass of the creditors -of the United States; and although they continued to constitute a -distinct class among those creditors, the history of their claims is to -be pursued in connection with that of the other public debts of the -country. The value of the votes which fixed their compensation, and paid -them in public securities, depended, of course, upon the ability of the -government to redeem the obligations which it issued. The general -financial powers of the Union, therefore, under the Confederation, must -now be considered. - -FOOTNOTES: - -[155] The treaty was concluded at Paris, February 6, 1778, and was -ratified by Congress on the 5th of May. Journals, IV. 256, 257. - -[156] Resolves of October 30 and November 2, 1781. Journals, VII. 167, -169. - -[157] Resolves of December 10, 1781. Journals, VII. 190. - -[158] Writings, VIII. 226. - -[159] Writings, VIII. 232, 235. - -[160] Sparks's Life of Washington, p. 380. - -[161] Letter of April 10, 1778. Writings of Washington, V. 312. - -[162] Journals, IV. 221. - -[163] Ibid. 228, 229. The States which voted in the negative were Rhode -Island, Connecticut, New Jersey, and South Carolina. - -[164] Ibid. 243. The States voting in the negative were Massachusetts, -Rhode Island, Connecticut, New Jersey, and South Carolina. The State -whose vote was divided was Pennsylvania. - -[165] Ibid. 244. Under this resolve, each officer was entitled to -receive half-pay annually, for the term of seven years after the -conclusion of war, if living. - -[166] Ibid. 288. - -[167] On the 21st of April, in the resolution reported by a committee, -the words "an establishment of half-pay for life" were, on motion, -changed to a "provision of half-pay";--an amendment which reveals very -plainly the character of the popular objections. Journals, IV. 228. - -[168] Journals, V. 312. - -[169] Ibid. 316, 317. - -[170] Writings of Washington, VII. 165, 246. - -[171] Journals, VI. 336. - -[172] See General Washington's letter to General Sullivan (in Congress), -November 20, 1780. Writings, VII. 297. - -[173] See the letter of General Lincoln, Secretary at War, to -Washington, cited by Mr. Sparks, VIII. 356. - -[174] The "Newburgh Addresses" were written by John Armstrong, -(afterwards General Armstrong,) then a young man, and aide-de-camp to -General Gates, with the rank of Major. (Sparks's Life of Gouverneur -Morris, I. 253. United States Magazine for January 1, 1823, New York.) -The style of these papers, considering the period when they appeared, is -remarkably good. They are written with great point and vigor of -expression and great purity of English. For the purpose for which they -were designed,--a direct appeal to feeling,--they show the hand of a -master. - -[175] March 18, 1783. Writings, VIII. 396. - -[176] The resolves gave the option to lines of the respective States, -and not to the officers individually in those lines, to accept or refuse -the commutation. Journals, VIII. 162. - - - - -CHAPTER II. - -1781-1783. - -FINANCIAL DIFFICULTIES OF THE CONFEDERATION.--REVOLUTIONARY -DEBT.--REVENUE SYSTEM OF 1783. - - -It is not easy to ascertain the amount of the public debt of the United -States, at the time when the Confederation went into operation. But on -the 1st of January, 1783, it amounted to about forty-two millions of -dollars. About eight millions were due on loans obtained in France and -Holland, and the residue was due to citizens of the United States. The -annual interest of the debt was a little more than two million four -hundred thousand dollars.[177] - -The Confederation had no sooner gone into operation, than it was -perceived by many of the principal statesmen of the country, that its -financial powers were so entirely defective, that Congress would never -be able, under them, to pay even the interest on the public debt. -Indeed, before the Confederation was finally ratified, so as to become -obligatory upon all the States, on the 3d of February, 1781, Congress -passed a resolve, recommending to the several States, as indispensably -necessary, to vest a power in Congress to levy for the use of the United -States a duty of five per cent. _ad valorem_, at the time and place of -importation, upon all foreign goods and merchandise imported into any of -the States; and that the money arising from such duties should be -appropriated to the discharge of the principal and interest of the debts -already then contracted, or which might be contracted, on the faith of -the United States, for the support of the war; the duties to be -continued until the debts should be fully and finally discharged. - -It was at this time that the office of Superintendent of the Finances -was established, and Robert Morris was unanimously elected by Congress -to fill it. He was an eminent merchant of Philadelphia, of known -financial skill, devoted to the cause of the country, and possessed of -very considerable private resources, which he more than once sacrificed -to the public service. Under his administration, it is more than -probable that, if the States had complied with the requisitions of -Congress, the war would have been brought to a close at an earlier -period. But there was scarcely any compliance with those requisitions, -and, contemporaneously with this neglect, the proposal to vest in -Congress the power to levy duties met with serious opposition. On the -30th of October, 1781, Congress made a requisition upon the States for -eight millions of dollars, to meet the service of the ensuing year. In -January, 1783, one year and three months from the date of this -requisition, less than half a million of this sum had been received into -the treasury of the United States. After a delay of nearly two years, -one State entirely refused its concurrence with the plan of vesting in -Congress a power to levy duties, another withdrew the assent it had once -given, and a third had returned no answer. - -The State which refused to grant this power to Congress was Rhode -Island. On the 6th of December, 1782, Congress determined to send a -deputation to that State, to endeavor to procure its assent to this -constitutional change. The increasing discontents of the army, the loud -clamors of the public creditors, the extreme disproportion between the -current means and the demands of the public service, and the -impossibility of obtaining further loans in Europe unless some security -could be held out to lenders, made it necessary for Congress to be -especially urgent with the legislature of Rhode Island. But, at the -moment when the deputation was about to depart on this mission, the -intelligence was received that Virginia had repealed the act by which -she had previously granted to Congress the power of laying duties, and -the proposal was therefore abandoned for a time.[178] But the leading -persons then in Congress--who saw the ruin impending over the country; -who were aware that the whole amount of money which Congress had -received, to carry on the public business for the year then just -expiring, was less than two millions of dollars,[179] while the three -branches of feeding, clothing, and paying the army exceeded five -millions of dollars per annum, exclusive of all other departments of the -public service; and who were equally aware that no means whatever -existed of paying the interest on the public debts--resolved still to -persevere in their endeavors to procure the establishment of revenues -equal to the purpose of funding all the debts of the United States. - -Among these persons, Hamilton and Madison were the most active; and the -part which they took, at this period, in the measures for sustaining the -sinking credit of the country, and the efforts which they made, are -among the less conspicuous, but not less important services, which those -great men performed for their country. Another plan was devised, after -the failure of that of 1781, for investing Congress with a power to -derive a revenue from duties, and, in April, 1783, its promoters -procured for it the almost unanimous consent of Congress. This plan -recommended the States to vest in Congress the power of levying certain -duties upon goods imported into the country, partly specific and partly -_ad valorem_; the proceeds of such duties to be applied to the discharge -of the interest or principal of the debts incurred by the United States -for supporting the war. The duties were to be collected by collectors -appointed by the States, but accountable to Congress. It also -recommended to the States to establish, for a term of twenty-five years, -substantial and effectual revenues, exclusive of the duties to be levied -by Congress for supplying their proportions of fifteen millions of -dollars annually, for the same purpose; and that, when this plan had -been acceded to by all the States, it should be considered as forming a -mutual compact, irrevocable by one or more of them without the consent -of the whole. It was also proposed that the rule of proportion fixed by -the Confederation should be changed from the basis of real estate to -the basis of population. - -This plan was sent out to the States, accompanied by an address, -prepared by Mr. Madison, in which the necessity of the measure was urged -with much ability and force. Annexed to this paper were various -documents, exhibiting the nature and origin of the public debts, and the -meritorious characters of the various public creditors; the whole of the -Newburgh Addresses, and the proceedings of the officers; the contracts -made with the king of France; and a very able answer by Hamilton to the -objections of Rhode Island. No stronger and more direct appeal was ever -made to the sense of right of any people. Never was the cause of -national honor, public faith, and public safety more powerfully and -eloquently set forth.[180] - -And when we consider the various classes of the public creditors, at the -close of the war, and remember that the debts of the country had been -contracted for the great purpose of establishing its independence, and -that there was scarcely a creditor who had not some claim to the -gratitude of the country, we cannot but be astonished that such an -appeal as was then made should have fallen, as it did, unheeded upon the -legislatures and people of many of the States. In the first place, the -debts were due to an ally, the generous king of France, who had loaned -to the American people his armies and his treasures; who had added to -his loans liberal donations; and whose very contracts for repayment -contained proof of his magnanimity. In the next place, they were due to -that noble band of officers and soldiers, who had fought the battles of -their country, and who now asked only such a portion of their dues as -would enable them to retire, with the means of daily bread, from the -field of victory and glory into the bosom of peace and privacy, and -such effectual security for the residue of their claims, as their -country was unquestionably able to provide. In the last place, they were -due partly to those citizens of the country who had lent their funds to -the public, or manifested their confidence in the government by -receiving transfers of public securities from those who had so lent, and -partly to those whose property had been taken for the public -service.[181] - -The United States had achieved their independence. They were about to -take rank among the nations of the world. As they should meet this -crisis, their character would be determined. The rights for which they -had contended were the rights of human nature. These rights had -triumphed, and now formed the basis of the civil polity of thirteen -independent States. The forms of republican government were therefore -called upon to justify themselves by their fruits. The higher qualities -of national character--justice, good faith, honor, gratitude--were -called upon to display an example, that would save the cause of -republican liberty from reproach and disgrace.[182] - -But, unhappily, the establishment of peace tended to weaken the slender -bond which held the Union together, by turning the attention of men to -the internal affairs of their own States. The advantage and the -necessity of giving the regulation of foreign commerce to the general -government, if perceived at all, was perceived only by a few leading -statesmen. The commercial States fancied that they profited by a -condition of things which enabled them as importers to levy contribution -on their neighbors. The people did not as yet perceive, that, without -some central authority to regulate the whole trade alike, the clashing -regulations of rival States would sooner or later destroy the -Confederacy. Nor were they willing to be taxed for the payment of the -public debts. The people of the United States had not yet begun to feel, -that such a burden is to be borne as one of the first of public and -social duties. That part of the financial plan of 1783, which required -from the States a pledge of internal revenues for twenty-five years, met -with so much opposition, that Congress was obliged to abandon it, and to -confine its efforts to that part of the scheme which related to the -duties on imports. In 1786, all the States, except New York, had -complied with the latter part of the plan; but the refusal of that State -rendered the whole of it inoperative, and no resource remained to -Congress, after the close of the war, but the old method of making -requisitions on the States, under the rule of the Confederation.[183] - -At the return of peace, therefore, the Confederation had had a trial of -two years and six months, as a government for purposes of war. It was -for these purposes, mainly, that it was established; being in fact, as -it was in name, a league of friendship between sovereign States, for -their common defence, the security of their liberties, and their mutual -and general welfare; the parties to which had bound themselves by it to -assist each other against all external attacks. Doubtless the framers of -the Confederation contemplated its duration beyond the period of the -war; for, besides the perpetual character of the Union, which it sought -and professed to establish, it had certain functions which were -manifestly to be exercised in peace as well as in war. These functions, -however, were few. The government was framed during a revolutionary war, -for the purposes of that war, and it went into operation while the war -was still waged; taking the place and superseding the powers of the -Revolutionary Congress, under which the war had been commenced and -prosecuted. - -A written constitution, with a precise and well-defined mode of -operation, had thus succeeded to the vague and indefinite, but ample, -powers of the earlier government. But in the very modes of its -operation, there was a monstrous defect, which distorted the whole -system from the true proportions and character of a government. It gave -to the Confederation the power of contracting debts, and at the same -time withheld from it the power of paying them. It created a corporate -body, formed by the Union and known as the United States, and gave to -it the faculty of borrowing money and incurring other obligations. It -provided the mode in which its treasury should be supplied for the -reimbursement of the public creditor. But over the sources of that -supply, it gave the government contracting the debts no power whatever. -Thirteen independent legislatures granted or withheld the means which -were to enable the general government to pay the debts which the general -constitution had enabled it to contract, according to their own -convenience or their own views and feelings as to the purposes for which -those debts had been incurred. Yet the debts were wholly national in -their character, and by the nation they were to be discharged. But, by -the operation of the system under which the nation had undertaken to -discharge its obligations, the duty of performance was parcelled out -among the various subordinate corporations of States, and the country -was thus placed in the position of an empire whose power was at the -mercy of its provinces, and was sure to be controlled by provincial -objects and ideas. - -A government thus situated, engaged in the prosecution of a war, -perpetually borrowing, but never paying, and scarce likely ever to pay, -was in a position to prosecute that war with far less than the real -energies and resources of the nation: and it stands the recorded opinion -of him who conducted his country through the whole struggle, and without -whom it could not, under this defective system, have achieved its -independence, that the war would have terminated sooner, and would have -cost vastly less both of blood and treasure, if the government of the -Union had possessed the power of direct or indirect taxation.[184] But -the government of the Confederation was one that trusted too much to the -patriotism and sense of honor of the different populations of the -different States. The moral feelings of a people will prompt to high and -heroic deeds; will impel them with irresistible force and energy to the -accomplishment of the great objects of liberty and happiness; and will -develop in individuals the highest capacity for endurance that human -nature can display. They did so in the American Revolution. The annals -of no people, struggling for liberty, exhibit more of the virtues of -fortitude, self-denial, and an ardent love of freedom, than ours -exhibit, especially in the earlier stages of the contest. But any -_feelings_ are an unsafe and uncertain reliance for the regular and -punctual operations of civil government. The fiscal concerns of a -nation, left to depend principally upon the prevailing sentiments of -justice, honor, and gratitude,--upon the connection between these -sentiments and that passion for liberty which animated the earlier -struggles for national independence,--are exposed to great hazards. If -an appeal to the feelings of a people constitutes the principal ground -of security for the public creditor, other feelings may intervene, which -will lead to a denial of the justice of the claim; for it is the very -nature of such an appeal to submit the whole question of obligation and -duty to popular determination. That government alone is likely to -discharge the just obligations of any people, which possesses both the -power to declare what those obligations are, and the power to levy the -means of payment, without a reference of either point to popular -sentiment. - -The history of the Confederation contains abundant proofs of the -soundness of this position. At the close of the war, a debt of more than -forty millions of dollars was due from the United States to various -classes of creditors, and the whole of it had been contracted either by -the government of the Confederation, or by its predecessors, for whose -contracts the Confederation was expressly bound, by the Articles, to -provide. This debt could not be discharged without a grant of internal -revenues from the States, and without a grant of the power to collect -other revenues from the external trade of the country. The appeal that -was made by the government in order to obtain these grants was addressed -almost wholly to the moral sentiments of the people of the different -States; the time had scarcely arrived, although rapidly approaching, for -an appeal to those interests which were involved in the surrender to the -general government of the power of regulating foreign commerce;[185] and -consequently the arguments addressed to the sense of justice and the -feeling of gratitude were answered by discussions of the propriety, -justice, and reasonableness of some of the claims, for which the States -were thus called upon to provide, as existing debts of the country, not -without the hope, entertained in some quarters, of involving the whole -in confusion and final rejection.[186] - -The design of the framers of the revenue system of 1783 was twofold; -first, to do justice to the creditors of the country, by procuring -adequate power to fund the public debts; and second, to strengthen and -consolidate the national government, by means of those debts and of the -various interests which would be combined in the great object of their -liquidation. They foresaw, on the approach of peace, that to leave these -debts to be provided for by the States individually would lead to a -separation of interests fatal to the continuance of the Union; but that -to make the United States responsible for the whole of them would be to -create a bond of union, that would be effectual and operative, after -the external pressure of war, which had hitherto held the States -together, should have been removed. For this purpose, they undoubtedly -availed themselves of the discontents of the army, a class of the public -creditors the justice of whose claims there was immediate danger in -denying. There is no reason to suppose that these discontents were -promoted by any one concerned in giving direction to the action of -Congress. But before the crisis had been reached in the "Newburgh -Addresses," it was perceived to be extremely important to prevent the -army from turning away from the general government, as their debtor, to -look to their respective States; and, after the imminent hazard of that -moment had passed, the claims of the army were used, and used most -rightfully, to impress upon the States the necessity of yielding to -Congress the powers necessary to do justice.[187] - -In the proposal of this scheme of finance, involving, as it did, a -material change in the operation of the existing constitution of the -country, there was great wisdom; and it was eminently fortunate that it -went forth before the advent of peace, to be considered and acted upon -by the States. The system of the Confederation had utterly failed to -supply the means of sustaining the public credit of the Union, and the -consciousness of that failure tended to produce a resolution of the -Union into its component elements, the States. Men had begun to abandon -the hope of paying the debts of the country; or, if they were to be -paid at all, they had begun to look to the States, in their individual -capacities, as the ultimate debtors, to whom at least a part of the -claims was to be referred. Had the country been permitted to pass from a -state of war to a state of peace, without the suggestion and proposal of -a definite system for funding these debts on continental securities, the -Union would at once have been exhausted of all vitality. The -Confederation, left to discharge the functions which belonged to it in -peace, without the power of relieving the burdens which it had entailed -upon the country during the war, would have been everywhere regarded as -a useless machine, the purposes of which--poorly answered in the period -of its greatest activity--had entirely ceased to exist. Congress would -have been attended by delegates from few of the States, if attended at -all;[188] and the rapid decay of the Union would have been marked by the -feeble, spasmodic, and unsuccessful efforts of some of them to -discharge so much of the general burdens as could have been assigned to -them in severalty; the open repudiation of others; and the final -confusion and loss of the whole mass of the debts, in universal -bankruptcy, poverty, and disgrace. - -But the comprehensive scheme of 1783, although never adopted, saved the -imperfect Union that then existed from the destruction to which it was -hastening. It saved it for a prolonged, though feeble existence, through -a period of desperate exhaustion. It saved it, by ascertaining the debts -of the country, fixing their national character, and proposing a -national system for their discharge. It directed the attention of the -States to the advantage and the necessity of giving up to the Union some -part of the imposts that might be levied on foreign commodities, and -thus led the way to that grand idea of uniformity of regulation, which -was afterwards developed as the true interest of communities, which, -from their geographical and moral relations, constitute in fact but one -country. - -It is not intended, however, in assigning this influence to the revenue -system proposed in 1783, to suggest that it contained the germ of the -present Constitution. It was an essentially different system. It -proposed the enlargement of the powers of Congress, as they existed -under the Confederation, only by the grant to the United States of the -right to collect certain duties on foreign importations, for the limited -period of twenty-five years, to be applied to the discharge of the -debts contracted for the purposes of the war, but to be collected by -officers appointed by the States, although amenable to Congress; and the -levy and collection by the States of certain internal taxes, during the -same limited term, for the purpose of raising certain proportionate -sums, to be paid over to the United States, for the same object. So far, -therefore, as this system suggested any new powers, there is a wide -difference between its features and principles and those of an entire -and irrevocable surrender to the Union of the whole subject of taxing -and regulating foreign commerce. But the influence of this proposal upon -the country, during the four years which followed, is to be measured by -the evident necessities which it revealed, and by the means to which it -pointed for their relief;--means which, though never applied, and, if -applied, would have proved inadequate, still showed, through the period -of increasing weakness in the Union, the high obligations which rested -upon the country, and which could be discharged only by the preservation -of the Union. - - * * * * * - -NOTE TO PAGE 185. - -ON THE HALF-PAY FOR THE OFFICERS OF THE REVOLUTION. - - In Connecticut, the opposition to the plan of enabling - Congress to fund the public debts arose from the jealousy - with which the provision of half-pay for the officers of the - army had always been regarded in that State. In October, - 1783, Governor Trumbull, in an address to the Assembly - declining a reëlection, had spoken of the necessity of - enlarging the powers of Congress, and of strengthening the - arm of the government. A committee reported an answer to this - address, which contained a paragraph approving of the - principles which the Governor had inculcated, but it was - stricken out in the lower house. Jonathan Trumbull, Jr., who - had been one of Washington's aids, thus wrote to him - concerning the rejection of this paragraph: "It was rejected, - lest, by adopting it, they should seem to convey to the - people an idea of their concurring with the political - sentiments contained in the address; so exceedingly jealous - is the spirit of this State at present respecting the powers - and the engagements of Congress, arising principally from - their aversion to the half-pay and commutation granted to the - army; principally, I say, arising from this cause. It is but - too true, that some few are wicked enough to hope, that, by - means of this clamor, they may be able to rid themselves of - the whole public debt, by introducing so much confusion into - public measures as shall eventually produce a general - abolition of the whole." (Writings of Washington, IX. 5, - note.) It appears from the Journals of Congress, that in - November, 1783, the House of Representatives of Connecticut - sent some remonstrance to Congress respecting the resolution - which had granted half-pay for life to the officers, which - was referred to a committee, to be answered. In the report of - this committee it was said, that "the resolution of Congress - referred to appears by the yeas and nays to have been passed - according to the then established rules of that body in - transacting the business of the United States; the resolution - itself had public notoriety, and does not appear to have been - formally objected against by the legislature of any State - till after the Confederation was completely adopted, _nor - till after the close of the war_." These words were stricken - out from the report by a vote of six States against one, two - States declining to vote. The journal gives no further - account of the matter. (Journals, IX. 79. March 12, 1784.) - - In Massachusetts, the half-pay had always been equally - unpopular. The legislature of that State, on the 11th of - July, 1783, addressed a letter to Congress, to assign, as a - reason for not agreeing to the impost duty, the grant of - half-pay to the officers. The tone of this letter does little - credit to the State. - - "_Commonwealth of Massachusetts._ - - "Boston, July 11. 1783. - - "Sir:-- - - "The Address of the United States in Congress assembled has - been received by the legislature of the Commonwealth of - Massachusetts; and, while they consider themselves as bound - in duty to give Congress the highest assurance that no - measures consistent with their circumstances, and the - constitution of this government and the Federal Union, shall - remain unattempted by them to furnish those supplies which - justice demands, and which are necessary to support the - credit and honor of the United States, they find themselves - under a necessity of addressing Congress in regard to the - subject of the half-pay of the officers of the army, and the - proposed commutation thereof; with some other matters of a - similar nature, which produce among the people of this - Commonwealth the greatest concern and uneasiness, and involve - the legislature thereof in no small embarrassments. The - legislature have not been unacquainted with the sufferings, - nor are they forgetful of the virtue and bravery, of their - fellow-citizens in the army; and while they are sensible that - justice requires they should be fully compensated for their - services and sufferings, at the same time it is most - sincerely wished that they may return to the bosom of their - country, under such circumstances as may place them in the - most agreeable light with their fellow-citizens. Congress, in - the year 1780, resolved, that the officers of the army, who - should continue therein during the war, should be entitled to - half-pay for life; and at the same time resolved, that all - such as should retire therefrom, in consequence of the new - arrangement which was then ordered to take place, should be - entitled to the same benefit; a commutation of which half-pay - has since been proposed. The General Court are sensible that - the United States in Congress assembled are, by the - Confederation, vested with a discretionary power to make - provision for the support and payment of the army, and such - civil officers as may be necessary for managing the general - affairs of the United States; but in making such provision, - due regard ever ought to be had to the welfare and happiness - of the people, the rules of equity, and the spirit and - general design of the Confederation. We cannot, on this - occasion, avoid saying, that, with due respect, we are of - opinion those principles were not duly attended to, in the - grant of half-pay to the officers of the army; that being, in - our opinion, a grant of more than an adequate reward for - their services, and inconsistent with that equality which - ought to subsist among citizens of free and republican - States. Such a measure appears to be calculated to raise and - exalt some citizens in wealth and grandeur, to the injury and - oppression of others, even if the inequality which will - happen among the officers of the army, who have performed - from one to eight years' service, should not be taken into - consideration. The observations which have been made with - regard to the officers of the army will in general apply to - the civil officers appointed by Congress, who, in our - opinion, have been allowed much larger salaries than are - consistent with the state of our finances, the rules of - equity, and a proper regard to the public good. And, indeed, - if the United States were in the most wealthy and prosperous - circumstances, it is conceived that economy and moderation, - with respect to grants and allowances, in opposition to the - measures which have been adopted by monarchical and luxurious - courts, would most highly conduce to our reputation, even in - the eyes of foreigners, and would cause a people, who have - been contending with so much ardor and expense for republican - constitutions and freedom, which cannot be supported without - frugality and virtue, to appear with dignity and consistency; - and at the same time would, in the best manner, conduce to - the public happiness. It is thought to be essentially - necessary, especially at the present time, that Congress - should be expressly informed, that such measures as are - complained of are extremely opposite and irritating to the - principles and feelings which the people of some Eastern - States, and of this in particular, inherit from their - ancestry. The legislature cannot without horror entertain the - most distant idea of the dissolution of the Union which - subsists between the United States, and the ruin which would - inevitably ensue thereon; but with great pain they must - observe, that the extraordinary grants and allowances which - Congress have thought proper to make to their civil and - military officers have produced such effects in this - Commonwealth as are of a threatening aspect. From these - sources, and particularly from the grant of half-pay to the - officers of the army, and the proposed commutation thereof, - it has arisen, that the General Court has not been able - hitherto to agree in granting to the United States an impost - duty, agreeable to the recommendation of Congress; while the - General Assembly at the same time have been deeply impressed - with a sense of the necessity of speedily adopting some - effectual measures for supplying the continental treasury, - for the restoration of the public credit, and the salvation - of the country;--and propose, as the present session is near - terminating, again to take the subject of the impost duty - into consideration early in the next. From these - observations, you may easily learn the difficult and critical - situation the legislature is in, and they rely on the wisdom - of Congress to adopt and propose some measure for relief in - this extremity. - - "In the name and by order of the General Court, - - "We are your Excellency's most obedient humble servants, - - "SAMUEL ADAMS, - _President of the Senate_. - - "TRISTRAM DALTON, - _Speaker of the House of Representatives_. - - "HIS EXCELLENCY THE PRESIDENT OF CONGRESS." - - This letter was thought worthy an answer, and accordingly a - report upon it was brought in by Mr. Madison, and adopted in - Congress, containing among other things the following:-- - - "Your committee consider the measure of Congress as the - result of a deliberate judgment, framed on a general view of - the interests of the Union at large. They consider it to be a - truth, that no State in this Confederacy can claim (more - equitably than an individual in a society) to derive - advantages from a Union, without conforming to the judgment - of a constitutional majority of those who compose it; still, - however, they conceive it will be found no less true, that, - if a State every way so important as Massachusetts should - withhold her solid support to constitutional measures of the - Confederacy, the result must be a dissolution of the - Union;--and then she must hold herself as alone responsible - for the anarchy and domestic confusion that may succeed, and - for exposing all these confederated States (who at the - commencement of the late war leagued to defend her violated - rights) an easy prey to the machinations of their enemies, - and the sport of European politics; and therefore they are of - opinion, that Congress should still confide that a free, - enlightened, and generous people will never hazard - consequences so perilous and alarming, and in all - circumstances rely on the wisdom, temper, and virtue of their - constituents, which (guided by an all-wise Providence) have - ever interposed to avert impending evils and misfortunes. - Your committee beg leave further to observe, that, from an - earnest desire to give satisfaction to such of the States as - expressed a dislike to the half-pay establishment, a sum in - gross was proposed by Congress, and accepted by the officers, - as an equivalent for their half-pay. That your committee are - informed, that such equivalent was ascertained on established - principles which are acknowledged to be just, and adopted in - similar cases; but that if the objections against the - commutation were ever so valid, yet, as it is not now under - the arbitration of Congress, but an act finally adopted, and - the national faith pledged to carry it into effect, they - could not be taken into consideration. With regard to the - salaries of civil officers, it may be observed, that the - necessaries of life have been very high during the war: hence - it has happened that even the salaries complained of have not - been found sufficient to induce persons properly qualified to - accept of many important offices, and the public business is - left undone." (Journals of Congress, VIII. 379--385. - September 25, 1783.) - - * * * * * - -NOTE TO PAGE 186. - -ON THE NEWBURGH ADDRESSES. - - There was a period in this business, when the officers would - have accepted from Congress a recommendation to their several - States for the payment of their dues. Their committee, - consisting of General McDougall, Colonel Brooks of - Massachusetts, and Colonel Ogden of New Jersey, arrived in - Philadelphia about the 1st of January. In their memorial to - Congress, they abstained from designating the funds from - which they desired satisfaction of their demands, because - their great object was to get a settlement of their accounts - and an equivalent for the half-pay established. But they - were, in fact, at one time, impressed with the belief that - their best, and indeed their only security, was to be sought - for in funds to be provided by the States, under the - recommendation of Congress. This plan would have involved a - division of the army into thirteen different parts, leaving - the claims of each part to be satisfied by its own State: a - course that would unquestionably have led to the rejection of - their demands in some States, and probably in many. To - prevent this, there is little doubt that the influence of - those members of Congress who wished to promote their - interests, and to identify them with the interests of the - other public creditors, was used; and by the middle of - February the committee of the officers became satisfied, that - the army must unitedly pursue a common object, insisting on - the grant of revenues to the general government, adequate to - the liquidation of all the public debts. (Letter of - Gouverneur Morris to General Greene, February 15, 1783. Life, - by Sparks, I. 250.) The point, however, which they continued - to urge, was the commutation; and upon this they encountered - great obstacles. The committee of Congress to whom their - memorial was referred went into a critical examination of the - principles of annuities, in order to determine on an - equivalent for the half-pay for life, promised by the resolve - of 1780. The result was a report, declaring that six years' - full pay was the proper equivalent. This report was followed - by a declaratory resolve, which was passed, "that the troops - of the United States, in common with all the creditors of the - same, have an undoubted right to expect security; and that - Congress will make every effort to obtain, from the - respective States, substantial funds, adequate to the object - of funding the whole debt of the United States, and will - enter upon an immediate and full consideration of the nature - of such funds, and the most likely mode of obtaining them." - The remainder of the report, however, was referred to a new - committee of five, the number of years being considered too - many. The second committee reported five years' whole pay as - an equivalent, after another calculation of annuities; but - the approval of nine States could not be obtained. A desire - was then expressed by some of the members, who were opposed - both to the commutation and the half-pay, to have more time - for consideration, and this was granted. - - This was the position of the matter on the 8th of February, - when the committee of the officers wrote to General Knox on - the part of the army. They stated that "Massachusetts, New - York, Pennsylvania, Virginia, North and South Carolina were - for the equivalent; New Hampshire, Rhode Island, Connecticut, - and Jersey against it. There is some prospect of getting one - more of these States to vote for the commutation. If this is - accomplished, with Maryland and Delaware, the question will - be carried; whenever it is, as the report now stands, it will - be at the election of the line, as such, to accept of the - commutation or retain their claim to the half-pay, Congress - being determined, that no alteration shall take place in the - emolument held out to the army but by their consent. This - rendered it unnecessary for us to consult the army on the - equivalent for half-pay. The zeal of a great number of - members of Congress to get continental funds, while a few - wished to have us referred to the States, induced us to - conceal what funds we wished or expected, lest our - declaration for one or the other might retard a settlement of - our accounts, or a determination on the equivalent for - half-pay. Indeed, some of our best friends in Congress - declared, however desirous they were to have our accounts - settled, and the commutation fixed, as well as to get funds, - yet they would oppose referring us to the States for a - settlement and security, till all prospect of obtaining - continental funds was at an end. Whether this is near or not, - as commutation for the half-pay was one of the principal - objects of the address, the obtaining of that is necessary, - previous to our particularizing what fund will be most - agreeable to us: this must be determined by circumstances. If - Congress get funds, we shall be secured. If not, the - equivalent settled, a principle will be established, which - will be more acceptable to the Eastern States than half-pay, - if application must be made to them. As it is not likely that - Congress will be able to determine soon on the commutation, - (for the reasons above mentioned,) it is judged necessary - that Colonel Brooks return to the army, to give them a more - particular detail of our prospects than can be done in the - compass of a letter." (Writings of Washington, VIII. 553, - 554.) - - Two classes of persons existed at this time in Congress, of - very different views; the one attached to State, the other to - continental politics; the one strenuous advocates for funding - the public debts upon solid securities, the other opposed to - this plan, and finally yielding to it only in consequence of - the clamors of the army and the other public creditors. The - advocates for continental funds, convinced that nothing could - be done for the public credit by any other measures, - determined to blend the interests of the army and those of - the other creditors in their scheme, in order to combine all - the motives that could operate upon different descriptions of - men in the different States. Washington, who naturally - regarded the interests of the army as the first object in - point of importance, and who had not given his attention so - much to the general financial affairs of the country, seems - to have thought it unadvisable to bring the claims of the - army before the States, in connection with the other public - debts. On the 4th of March, he wrote to Hamilton (then in - Congress), that "the just claims of the army ought, and it is - to be hoped will, have their weight with every sensible - legislature in the United States, if Congress point to their - demands, and show, if the case is so, the reasonableness of - them, and the impracticability of complying with them without - their aid. In any other point of view, it would in my opinion - be impolitic to introduce the army on the tapis, lest it - should excite jealousy and bring on its concomitants. The - States surely cannot be so devoid of common sense, common - honesty, and common policy, as to refuse their aid on a full, - clear, and candid representation of facts from Congress; more - especially if these should be enforced by members of their - own body, who might demonstrate what the inevitable - consequences of failure will lead to." (Writings, VIII. 390.) - - But while the advocates of the continental system were - maturing their plans, new difficulties arose, in consequence - of the proceedings of the officers at Newburgh, and of the - jealousies which the army began to entertain. Among the - resolutions adopted by the officers was one, which expressed - their unshaken confidence in the justice of Congress and the - country, and their conviction that Congress would not - disband them, until their accounts had been liquidated, and - adequate funds established for their payment. But Congress - had no constitutional power, under the Confederation, to - demand funds of the States; and to determine that the army - should be continued in service until the States granted the - funds, which it was intended to recommend, would be to - determine that it should remain a standing army in time of - peace, until the States should comply with the - recommendation. On the other hand, Congress had no present - means of paying the army, if they were to disband them. This - dilemma rendered it necessary to evade for a short time any - explicit declaration of the purposes of Congress as to - disbanding the army; and hence arose a jealousy, on the part - of the army, that they were to be used as mere puppets to - operate upon the country, in favor of a general revenue - system. Washington himself communicated the existence of - these suspicions to Hamilton, on the 4th of April, advising - that the army should be disbanded as soon as possible, - consulting its wishes as to the mode. He also intimated that - the Superintendent of the Finances, Robert Morris, was - suspected to be at the bottom of the scheme of keeping the - army together, for the purpose of aiding the adoption of the - revenue system. - - Hamilton's reply explains the position of the whole matter, - and the motives and purposes of those with whom he acted. - "But the question was not merely how to do justice to the - creditors, but how to restore public credit. Taxation in this - country, it was found, could not supply a sixth part of the - public necessities. The loans in Europe were far short of the - balance, and the prospect every day diminishing; the court of - France telling us, in plain terms, she could not even do as - much as she had done; individuals in Holland, and everywhere - else, refusing to part with their money on the precarious - tenure of the mere faith of this country, without any pledge - for the payment either of principal or interest. In this - situation, what was to be done? It was essential to our cause - that vigorous efforts should be made to restore public - credit; it was necessary to combine all the motives to this - end, that could operate upon different descriptions of - persons in the different States. The necessity and - discontents of the army presented themselves as a powerful - engine. But, sir, these gentlemen would be puzzled to support - their insinuations by a single fact. It was indeed proposed - to appropriate the intended impost on trade to the army debt, - and, what was extraordinary, by gentlemen who had expressed - their dislike to the principle of the fund. I acknowledge I - was one that opposed this, for the reasons already assigned, - and for these additional ones: _that_ was the fund on which - we most counted to obtain further loans in Europe; it was - necessary we should have a fund sufficient to pay the - interest of what had been borrowed and what was to be - borrowed. The truth was, these people in this instance wanted - to play off the army against the funding system. As to Mr. - Morris, I will give your Excellency a true explanation of his - conduct. He had been for some time pressing Congress to - endeavor to obtain funds, and had found a great backwardness - in the business. He found the taxes unproductive in the - different States; he found the loans in Europe making a very - slow progress; he found himself pressed on all hands for - supplies; he found himself, in short, reduced to this - alternative,--either of making engagements which he could not - fulfil, or declaring his resignation in case funds were not - established by a given time. Had he followed the first - course, the bubble must soon have burst; he must have - sacrificed his credit and his character, and _public_ credit, - already in a ruined condition, would have lost its last - support. He wisely judged it better to resign; this might - increase the embarrassments of the moment, but the necessity - of the case, it was to be hoped, would produce the proper - measures, and he might then resume the direction of the - machine with advantage and success. He also had some hope - that his resignation would prove a stimulus to Congress. He - was, however, ill-advised in the publication of his letters - of resignation. This was an imprudent step, and has given a - handle to his personal enemies, who, by playing upon the - passions of others, have drawn some well-meaning men into the - cry against him. But Mr. Morris certainly deserves a great - deal from his country. I believe no man in this country but - himself could have kept the money machine going during the - period he has been in office. From every thing that appears, - his administration has been upright as well as able. The - truth is, the old leaven of Deane and Lee is at this day - working against Mr. Morris. He happened in that dispute to - have been on the side of Deane, and certain men can never - forgive him.... The matter, with respect to the army, which - has occasioned most altercation in Congress, and most - dissatisfaction in the army, has been the half-pay. The - opinions on this head have been two: one party was for - referring the several lines to their States, to make such - commutation as they should think proper; the other, for - making the commutation by Congress, and funding it on - continental security. I was of this last opinion, and so were - all those who will be represented as having made use of the - army as our puppets. Our principal reasons were:--First, by - referring the lines to their respective States, those which - were opposed to the half-pay would have taken advantage of - the officers' necessities to make the commutation short of an - equivalent. Secondly, the inequality which would have arisen - in the different States when the officers came to compare, - (as has happened in other cases,) would have been a new - source of discontent. Thirdly, such a reference was a - continuance of the old, wretched State system, by which the - ties between Congress and the army have been nearly - dissolved,--by which the resources of the States have been - diverted from the common treasury and wasted: a system which - your Excellency has often justly reprobated. I have gone into - these details to give you a just idea of the parties in - Congress. I assure you, upon my honor, sir, I have given you - a candid statement of facts, to the best of my judgment. The - men against whom the suspicions you mention must be directed, - are in general the most sensible, the most liberal, the most - independent, and the most respectable characters in our body, - as well as the most unequivocal friends to the army; in a - word, they are the men who think continentally." (Life of - Hamilton, II. 162-164.) - -FOOTNOTES: - -[177] The debt due to the crown of France was ascertained in 1782 to be -eighteen millions of livres; and by the contract entered into by the -Unites States with the king of France, on the 16th of July, 1782, the -principal of this debt was to be paid in twelve annual instalments of -one million five hundred thousand livres each, in twelve years, to -commence from the third year after a peace, at the royal treasury in -Paris. The interest was payable annually, at the time and place -stipulated for the payment of the instalments of the principal, at five -per cent. The king generously remitted the arrears of interest due at -the date of the contract. There was also due to the King of France ten -millions of livres, borrowed by him of the States-General of the -Netherlands for the use of the United States, and the payment of which -he had guaranteed. This sum was to be paid in Paris in ten annual -instalments of one million of livres each, commencing on the 5th of -November, 1787. The interest on this loan was payable in Paris -immediately, and the first payment of interest became due on the 5th of -November, 1782. There was also due to the Farmers-General of France one -million of livres, and to the king six millions of livres, on a loan for -the year 1783; making in the whole thirty-eight millions of livres, or -$7,037,037, due in France. There was also due to money-lenders in -Holland $671,000; for money borrowed by Mr. Jay in Spain, $150,000; and -a year's interest on the Dutch loan of ten millions of livres, amounting -to $26,848;--making the whole foreign debt $7,885,085. The domestic debt -amounted to $34,115,290. Five millions of this were due to the army, -_under the commutation_ resolves of March, 1783. The residue was held by -other citizens, or consisted of arrears of interest. The whole debt of -the United States was estimated at $42,000,375, and the annual interest -of this sum was $2,415,956. - -[178] Mr. Madison (under the date of December 24, 1782) says, that, on -the receipt of this intelligence, "the most intelligent members were -deeply affected, and prognosticated a failure of the impost scheme, and -the most pernicious effects to the character, the duration, and the -interests of the Confederacy. It was at length, notwithstanding, -determined to persist in the attempt for permanent revenue, and a -committee was appointed to report the steps proper to be taken." Debates -in the Congress of the Confederation, Elliot, I. 17. - -[179] $1,545,818 and 30/90 was the whole amount. - -[180] On the final question, as to the revenue system, Hamilton voted -against it. His reasons were given in a letter to the Governor of New -York, under date of April 14, 1783. They were, "First, that it does not -designate the funds (except the impost) on which the whole interest is -to arise; and by which (selecting the capital articles of visible -property) the collection would have been easy, the funds productive, and -necessarily increasing with the increase of the country. Secondly, that -the duration of the funds is not coextensive with the debt, but limited -to twenty-five years, though there is a moral certainty that in that -period the principal will not, by the present provision, be fairly -extinguished. Thirdly, that the nomination and appointment of the -collectors of the revenue are to reside in each State, instead of, at -least, the nomination being in the United States; the consequence of -which will be, that those States which have little interest in the -funds, by having a small share of the public debt due to their own -citizens, will take care to appoint such persons as are the least likely -to collect the revenue." Still, he urged the adoption of the plan by his -own State, "because it is her interest, at all events, to promote the -payment of the public debt in continental funds, independent of the -general considerations of union and propriety. I am much mistaken, if -the debts due from the United States to the citizens of the State of New -York do not considerably exceed its proportion of the necessary funds; -of course, it has an immediate interest that there should be a -continental provision for them. But there are superior motives that -ought to operate in every State,--the obligations of national faith, -honor, and reputation. Individuals have been too long already sacrificed -to the public convenience. It will be shocking, and, indeed, an eternal -reproach to this country, if we begin the peaceable enjoyment of our -independence by a violation of all the principles of honesty and true -policy. It is worthy of remark, that at least four fifths of the -domestic debt are due to the citizens of the States from Pennsylvania, -inclusively, northward." Life of Hamilton, II. 185, 186. - -[181] Address. - -[182] Ibid. - -[183] With what success this was attended may be seen from the fact, -that, from the year 1782 to the year 1786, Congress made requisitions on -the States for the purpose of paying the interest on the public debts, -of more than six millions of dollars, and on the 31st of March, 1787, -about one million only of this sum had been received. The interest of -the debt due to domestic creditors remained wholly unpaid; money was -borrowed in Europe to pay the interest on the foreign loans; and the -domestic debt sunk to so low a value, that it was often sold for one -tenth of its nominal amount. - -[184] General Washington's letter to Hamilton, March 31, 1783. Writings, -VIII. 409, 410. Circular Letter to the Governors of the States, on -disbanding the army. Ibid. 439, 451. - -[185] None of the documents, connected with the Address to the People of -the United States, issued by Congress in 1783, discussed the question as -one of direct interest and advantage, except Hamilton's answer to the -objections of Rhode Island. The Address itself appealed entirely to -considerations of honor, justice, and good faith. Hamilton's paper, -however, showed with great perspicacity, that the proposed impost would -not be unfavorable to commerce, but the contrary; that it would not -diminish the profits of the merchant, being too moderate in amount to -discourage the consumption of imported goods, and therefore that it -would not diminish the extent of importations; but that, even if it had -this tendency, it was a tendency in the right direction, because it -would lessen the proportion of imports to exports, and incline the -balance in favor of the country. But the great question of yielding the -control of foreign commerce to the Union, _for the sake of uniformity of -regulation_, was not touched in any of these papers. The time for it had -not arrived. - -[186] See note at the end of this chapter. - -[187] See note on page 194. - -[188] As it was, the approach of peace had reduced the attendance upon -Congress below the constitutional number of States necessary to ratify -the treaty, when it was received. On the 23d of December, 1783, a -resolve was passed, "That letters be immediately despatched to the -executives of New Hampshire, Connecticut, New York, New Jersey, South -Carolina, and Georgia, informing them that the safety, honor, and good -faith of the United States require the immediate attendance of their -delegates in Congress; that there have not been during the sitting of -Congress at this place [Annapolis] more than seven States represented, -namely, Massachusetts, Rhode Island, Pennsylvania, Delaware, Maryland, -Virginia, and North Carolina, and most of those by only two delegates; -and that the ratification of the definitive treaty, and several other -matters, of great national concern, are now pending before Congress, -which require the utmost despatch, and to which the assent of at least -nine States is necessary." (Journals, IX. 12.) - - - - -CHAPTER III. - -1781-1783. - -OPINIONS AND EFFORTS OF WASHINGTON AND OF HAMILTON.--DECLINE OF THE -CONFEDERATION. - - -The proposal of the revenue system went forth to the country, although -not in immediate connection, yet nearly at the same time, with those -comprehensive and weighty counsels which Washington addressed to the -States, when the great object for which he had entered the service of -his country had been accomplished, and he was about to return to a -private station. His relations to the people of this country had been -peculiar. He had been, not only the leader of their armies, but, in a -great degree, their civil counsellor; for although he had rarely, if -ever, gone out of the province of his command to give shape or direction -to constitutional changes, yet the whole circumstances of that command -had constantly placed him in contact with the governments of the States, -as well as with the Congress; and he had often been obliged to interpose -the influence of his own character and opinions with all of them, in -order that the civil machine might not wholly cease to move. At the -moment when he was about to lay aside the sword, he saw very clearly -that there were certain principles of conduct which must be called into -action in the States, and among the people of the States, for the -preservation of the Union. He, and he alone, could address to them with -effect the requisite words of admonition, and point out the course of -safety and success. This great service, the last act of his -revolutionary official life, was performed with all the truth and wisdom -of his character, before he proceeded to resign into the hands of -Congress the power which he had held so long, and which he now -surrendered with a virtue, a dignity, and a sincerity, with which no -such power has ever been laid down by any of the leaders of revolutions -whom the world has seen. - -His object in this Address was not so much to urge the adoption of -particular measures, as to inculcate principles which he believed to be -essential to the welfare of the country. So clearly, however, did it -appear to him, that the honor and independence of the country were -involved in the adoption of the revenue system which Congress had -recommended, that he did not refrain from urging it as the sole means by -which a national bankruptcy could be averted, before any different plan -could be proposed and adopted. - -But how far, at this time, any other or further plans, for the formation -of a better constitution, had been formed, or how far any one perceived -both the vicious principle of the Confederation and the means of -substituting for it another and more efficient power, we can judge only -by the published writings of the Revolutionary statesmen. It is quite -certain that at this period Washington saw the defects of the -Confederation, as he had seen them clearly, and suffered under them, -from the beginning. He saw that in the powers of the States, which far -exceeded those of the Continental Congress, lay the source of all the -perplexities which he had experienced in the course of the war, and of -almost the whole of the difficulties and distresses of the army; and -that to form a new constitution, which would give consistency, -stability, and dignity to the Union, was the great problem of the time. -He saw, also, that the honor and true interest of this country were -involved in the development of continental power; that local and State -politics were destined to interfere with the establishment of any more -liberal and extensive plan of government, which the circumstances of the -country required, as they had perpetually weakened the bond by which the -Union had thus far been held together; and that such local influences -would make these States the sport of European policy. He predicted, -moreover, that the country would reach, if it reached at all, some -system of sufficient capabilities, only through mistakes and disasters, -and through an experience purchased at the price of further difficulties -and distress. Such were his general views, at the close of the war.[189] - -But there was one man in the country who had looked more deeply still -into its wants, and who had formed in his enlarged and comprehensive -mind the clearest views of the means necessary to meet them, even before -the Confederation had been practically tried. A reorganization of the -government had engaged the attention of Hamilton, as early as 1780; and, -with his characteristic penetration and power, he saw and suggested what -should be the remedy. - -He entertained the opinion, at this time, as he had always entertained -it, that the discretionary powers originally vested in Congress for the -safety of the States, and implied in the circumstances and objects of -their assembling, were fully competent to the public exigencies. But -their practice, from the time of the Declaration of Independence through -all the period that preceded the establishment of the Confederation, had -accustomed the country to doubts of their original authority, and had at -last amounted to a surrender of the ground from which they might have -exercised it. No remedy, therefore, remained, applicable to the -circumstances, and capable of rescuing the affairs of the country from -their deplorable situation, but to vest in Congress, expressly and by a -direct grant, the powers necessary to constitute an efficient government -and a solid, coercive union. The project then before the country, in the -Articles of Confederation, had been designed to accomplish what the -revolutionary government had failed to do. But it was manifestly -destined to fail in its turn; for it left an uncontrollable sovereignty -in the States, capable of defeating the beneficial exercise of the very -powers which it undertook to confer upon Congress. It made the army, -not a unit, formed and organized by a central and supreme authority, and -looking up to that authority alone, but a collection of several armies, -raised by the several States. It gave to the State legislatures the -effective power of the purse, by withholding all certain revenues from -Congress. It proposed to introduce no method and energy of -administration; and without an executive, it left every detail of -government to be managed by a deliberative body, whose constitution -rendered it fit for none but legislative functions. - -Under these circumstances, it was Hamilton's advice, before the -Confederation took effect, that Congress should plainly, frankly, and -unanimously confess to the States their inability to carry on the -contest with Great Britain, without more ample powers than those which -they had for some time exercised, or those which they could exercise -under the Confederation; and that a convention of all the States be -immediately assembled, with full authority to agree upon a different -system. He suggested that a complete sovereignty should be vested in -Congress, except as to that part of internal police which relates to the -rights of property and life among individuals, and to raising money by -internal taxes, which he admitted should be regulated by the State -legislatures. But in all that relates to war, peace, trade, and finance, -he maintained that the sovereignty of Congress should be complete; that -it should have the entire management of foreign affairs, and of raising -and officering armies and navies; that it should have the entire -regulation of trade, determining with what countries it should be -carried on, laying prohibitions and duties, and granting bounties and -premiums; that it should have certain perpetual revenues of an internal -character, in specific taxes; that it should be authorized to institute -admiralty courts, coin money, establish banks, appropriate funds, and -make alliances offensive and defensive, and treaties of commerce. He -recommended also that Congress should immediately organize executive -departments of foreign affairs, war, marine, finance, and trade, with -great officers of state at the head of each of them.[190] - -Hamilton's entry into Congress in 1782 marks the commencement of his -public efforts to develop the idea of a general government, whose organs -should act directly, and without the intervention of any State -machinery. He first publicly propounded this idea in the paper which he -prepared, as chairman of a committee, to be addressed to the legislature -of Rhode Island, in answer to the objections of that State to the -revenue system proposed in 1781. One of these objections was, that the -plan proposed to introduce into the State officers unknown and -unaccountable to the State itself, and therefore that it was against its -constitution. From the prevalence of this notion, we may see how -difficult it was to create the idea of a national sovereignty, that -would consist with the sovereignty of the States, and would work in its -appropriate sphere harmoniously with the State institutions, because -directed to a different class of objects. The nature of a federal -constitution was little understood. It was apparent that the exercise of -its powers must affect the internal police of its component members, to -some extent; but it was not well understood that political sovereignty -is capable of partition, according to the character of its subjects, so -that powers of one class may be imparted to a federal, and powers of -another class remain in a State constitution, without destroying the -sovereignty of the latter. Hamilton presented this view, and at the same -time pointed out, that, unless the constitution of a State expressly -prohibited its legislature from granting to the federal government new -power to appoint officers for a special purpose, to act within the State -itself, it was competent to the legislative authority of the State to -communicate such power, just as it was competent to it originally to -enter into the Confederation.[191] - -In the same paper, also, he urged the necessity of vesting the -appointment of the collectors of the proposed revenue in the general -government, because it was designed as a security to creditors, and must -therefore be general in its principle and dependent on a single will, -and not on thirteen different authorities. This was the earliest -suggestion of the principle, that, in exercising its powers, the federal -government ought to act directly, through agents of its own appointment, -and thus be independent of State negligence or control. When the debate -came on in January, 1783, upon the new project of a revenue system, he -again urged the necessity of strengthening the federal government, -through the influence of officers deriving their appointments directly -from Congress;--a suggestion that was received at the moment with -pleasure by the opponents of the scheme, because it seemed to disclose a -motive calculated to touch the jealousy rather than to propitiate the -favor of the States. But the temporary expedients of the moment always -pass away. The great ideas of a statesman like Hamilton, earnestly bent -on the discovery and inculcation of truth, do not pass away. Wiser than -those by whom he was surrounded, with a deeper knowledge of the science -of government and the wants of the country than all of them, and -constantly enunciating principles which extended far beyond the -temporizing policy of the hour, the smiles of his opponents only prove -to posterity how far he was in advance of them.[192] - -The efforts of Hamilton to effect a change in the rule of the -Confederation, as to the ratio of contribution by the States to the -treasury of the Union, also evince both the defects of the existing -government and the foresight with which he would have obviated them, if -he could have been sustained. The rule of the Confederation required -that the general treasury should be supplied by the several States in -proportion to the value of all lands within each State, granted or -surveyed, with the buildings and improvements thereon, to be estimated -according to such mode as Congress should from time to time direct and -appoint; the taxes for paying such proportion to be laid and levied by -the State legislatures, within the time fixed by Congress. But Congress -had never appointed any mode of ascertaining the valuation of lands -within the States. The first requisition called for after the -Confederation took effect was apportioned among the several States -without any valuation,--provision being made by which each State was to -receive interest on its payments, as far as they exceeded what might -afterwards be ascertained to be its just proportion, when the valuation -should have been made.[193] At the outset, therefore, a practical -inequality was established, which gave rise to complaints and jealousies -between the States, and increased the disposition to withhold compliance -with the requisitions. The dangerous crisis in the internal affairs of -the country which attended the approach of peace, had arrived in the -winter and spring of 1783, and nothing had ever been done to carry out -the rule of the Confederation, by fixing upon a mode of valuation. When -the discussion of the new measures for sustaining the public credit came -on, three courses presented themselves, with regard to this part of the -subject;--either, first, to change the principle of the Confederation -entirely; or, secondly, to carry it out by fixing a mode of valuation, -at once; or, thirdly, to postpone the attempt to carry it out, until a -better mode could be devised than the existing state of the country then -permitted. - -Hamilton's preference was for the first of these courses, as the one -that admitted of the application of those principles of government which -he was endeavoring to introduce into the federal system; for he saw that -in the theory of the Confederation there was an inherent inequality, -which would constantly increase in practice, and which must either be -removed, or destroy the Union. He maintained, that, where there are -considerable differences in the relative wealth of different -communities, the proportion of those differences can never be -ascertained by any common measure; that the actual wealth of a country, -or its ability to pay taxes, depends on an endless variety of -circumstances, physical and moral, and cannot be measured by any one -general representative, as _land_, or _numbers_; and therefore that the -assumption of such a general representative, by whatever mode its local -value might be ascertained, would work inevitable inequality. In his -view, the only possible way of making the States contribute to the -general treasury in an equal proportion to their means, was by general -taxes imposed under continental authority; and it is a striking proof of -the comprehensive sagacity with which he looked forward, that, while he -admitted that this mode would, for a time, produce material -inequalities, he foresaw that balancing of interests which would arise -in a continental legislation, and would relieve the hardships of one tax -in a particular State by the lighter pressure of another bearing with -proportional weight in some other part of the Confederacy.[194] - -Accordingly, after an attempt to postpone the consideration of a mode of -carrying out the Confederation, he made an effort to have its principle -changed, by substituting specific taxes on land and houses, to be -collected and appropriated, as well as the duties, under the authority -of the United States, by officers to be nominated by Congress, and -approved by the State in which they were to exercise their functions, -but accountable to and removable by Congress.[195] These ideas, however, -as he himself saw, were not agreeable to the spirit of the times, and -his plan was rejected. After many fruitless projects had been suggested -and discussed, for making the valuation required by the -Confederation,--some of them proposing that it should be done by -commissioners appointed by the United States, and some by commissioners -appointed by the States,--it was determined to propose no other change -in the principle of making requisitions on the States, than to -substitute population in the place of land, as the rule of -proportion.[196] - -Equally extensive and important were his views on the subject of a -peace establishment, for which he saw the necessity of providing, as the -time approached when the Confederation would necessarily be tested as a -government for the purposes of peace. To adapt a constitution, whose -principal powers were originally designed to be exercised in a state of -war, to a state of peace, for which it possessed but few powers, and -those not clearly defined, was a problem in the science of government of -a novel character. It might prove to be an impossible task; for on -applying the constitutional provisions to the real wants and necessities -of the country, it might turn out that the Confederation was in some -respects destitute of the capacity to provide for them; and in -undertaking to carry out its actual and sufficient powers, which had -never hitherto been exercised, opposition might spring up, from State -jealousy and local policy, which, in the real weakness of the federal -government, would be as effectual a barrier as the want of -constitutional authority. Still the effort was to be made; and Hamilton -approached the subject with all the sagacity and statesmanship for which -he was so distinguished. - -He saw that the Confederation contained provisions which looked to the -continuance of the Union after the war had terminated, and that these -provisions required practical application, through a machinery which -had never been even framed. The Articles of Confederation vested in -Congress the exclusive management of foreign relations; but the -department of foreign affairs had never been properly organized. They -also gave to Congress the exclusive regulation of trade and intercourse -with the Indian nations; but no department of Indian affairs had been -established with properly defined powers and duties. Nothing had been -done to carry out the provision for fixing the standard of weights and -measures throughout the United States, or to regulate the alloy and -value of coin. Above all, the great question of means, military and -naval, for the external and internal defence of the country during -peace, for the preservation of tranquillity, the protection of commerce, -the fulfilment of treaty stipulations, and the maintenance of the -authority of the United States, had not been so much as touched. To -regulate these important subjects was the design of a committee, at the -head of which Hamilton was placed; and his earliest attention was -directed to the most serious and difficult of them,--the provision for a -peace establishment of military and naval forces.[197] - -The question whether the United States could constitutionally maintain -an army and navy, in time of peace, was, under the Articles of -Confederation, not free from difficulty; but it became of imminent -practical importance, under the treaty of peace. That treaty provided -for an immediate withdrawal of the British forces from all posts and -fortifications within the United States; and it became at once an -important question, whether these posts and fortifications--especially -those within certain districts, the jurisdiction and property of which -had not been constitutionally ascertained--should be garrisoned by -troops of the United States, or of the States within which they were -situated. There was also territory appertaining to the United States, -not within the original claim of the United States. The whole of the -Western frontier required defence. The navigation of the Mississippi and -the lakes, and the rights of the fisheries and of foreign commerce, all -belonging to the United States, and depending on the laws of nations and -treaty stipulations, demanded the joint protection of the Union, and -could not with propriety be left to the separate establishments of the -States. - -But the Articles of Confederation contained no express provision for the -establishment and maintenance of any military and naval forces during -peace. They empowered the United States, generally, (and without mention -of peace or war,) to build and equip a navy, and to agree upon the -number of land forces to be raised, and to call upon the States to -furnish their quotas. But they also declared that no vessels of war -should be kept up by any State in time of peace, except such number only -as should be deemed necessary by Congress for the defence of such State -or its trade; and that no body of forces should be kept up by any State -in time of peace, except such number only as Congress should deem -requisite to garrison the posts necessary for the defence of such State. -This provision might be construed to imply, that, in time of peace, the -general defence was to be provided for by the forces of each State, and, -in time of war, by those of the Union. But it was the opinion of -Hamilton, that the restrictions on the powers of the States, with regard -to maintaining forces during peace, could not with propriety be said to -contain any directions to the United States, or to contravene the -positive power vested in the latter to raise both sea and land forces, -without mention of peace or war. He strengthened this view by the -capital inconvenience of the contrary construction, and by the manifest -necessities of the country, which could only be provided for by the -power of the Union. If the United States could have neither army nor -navy, until war had been declared, they would be obliged to begin to -create both at the very moment when both were needed in actual -hostilities; and, if the States were to be intrusted with the defence of -the country in time of peace, that defence would be left to thirteen -different armies and navies, under the direction of as many different -governments.[198] - -He contemplated, therefore, the formation of a peace establishment, to -consist of certain corps of infantry, artillery, cavalry, engineers, and -dragoons;[199] a general survey, preparatory to the adoption of a -general system of land fortifications; the establishment of arsenals and -magazines, and the erection of founderies and manufactories of arms. He -advised the establishment of ports and maritime fortifications, and the -formation and construction of a navy; and his report embraced also a -plan for classing and disciplining the militia.[200] - -In all this design, Hamilton pursued the purpose, which he had long -entertained, of strengthening and consolidating the Union, and guarding -against its dissolution, by providing the means necessary for its -defence. Federal, rather than State provision for the defence of every -part of the Confederacy, in peace as well as in war, seemed to him -essential. He thought, that the general government should have -exclusively the power of the sword, and that each State should have no -forces but its militia.[201] But his great plans were arrested, partly -in consequence of the doubts entertained on the point of constitutional -power, and partly by reason of the great falling off of the attendance -of members in Congress. At the very time when this important subject was -under consideration, Congress were driven from Philadelphia, by the -mutiny of a handful of men, whom they could not curb at the moment -without the aid of the local authorities, and that aid was not promptly -and efficiently given.[202] - -Convinced, at length, that no temporary expedients would meet the wants -of the country, and that a radical reform of its constitution could -alone preserve the Union from dissolution, Hamilton surveyed the -Confederation in all its parts, and determined to lay before the country -its deep defects, with a view to the establishment of a government with -proper departments and adequate powers. In this examination, he applied -to the Confederation the approved maxims of free government, which had -been made familiar in the formation of the State constitutions, and -which point to the distinct separation of the legislative, executive, -and judicial functions. The Confederation vested all these powers in a -single body, and thus violated the principles on which the government of -nearly every State in the Union was founded. It had no federal -judicature, to take cognizance of matters of general concern, and -especially of those in which foreign nations and their subjects were -concerned; and thus national treaties, the national faith, and the -public tranquillity were exposed to the conflict of local regulations -against the powers vested in the Union. It gave to Congress the power of -ascertaining and appropriating the sums necessary for the public -expenses, but withheld all control over either the imposition or -collection of the taxes by which they were to be raised, and thus made -the inclinations, not the abilities, of the respective States, the -criterion of their contributions to the common expenses of the Union. It -authorized Congress to borrow money, or emit bills, on the credit of the -United States, without the power of providing funds to secure the -repayment of the money, or the redemption of the bills emitted. - -It made no proper or competent provision for interior or exterior -defence; for interior defence, because it allowed the individual States -to appoint all regimental officers of the land forces, and to raise the -men in their own way, while at the same time an ambiguity rendered it -uncertain whether the defence of the country in time of peace was not -left to the particular States, both by sea and land;--for exterior -defence, because it authorized Congress to build and equip a navy, -without providing any compulsory means of manning it. - -It failed to vest in the United States a general superintendence of -trade, equally necessary both with a view to revenue and regulation. - -It required the assent of nine States in Congress to matters of -principal importance, and of seven to all others except adjournments -from day to day, and thus subjected the sense of a majority of the -people of the United States to that of a minority, by putting it in the -power of a small combination to defeat the most necessary measures. - -Finally, it vested in the federal government the sole direction of the -interests of the United States in their intercourse with foreign -nations, without empowering it to pass _all general laws_ in aid and -support of the laws of nations; thus exposing the faith, reputation, and -peace of the country to the irregular action of the particular -States.[203] - -Having thus fully analyzed for himself the nature of the existing -constitution, Hamilton proposed to himself the undertaking of inducing -Congress freely and frankly to inform the country of its imperfections, -which made it impossible to conduct the public affairs with honor to -themselves and advantage to the Union; and to recommend to the several -States to appoint a convention, with full powers to revise the -Confederation, and to adopt and propose such alterations as might appear -to be necessary, which should be finally approved or rejected by the -States.[204] - -But he was surrounded by men, who were not equal to the great enterprise -of guiding and enlightening public sentiment. He was in advance of the -time, and far in advance of the men of the time. He experienced the fate -of all statesmen, in the like position, whose ideas have had to wait the -slow development of events, to bring them to the popular comprehension -and assent. He saw that his plans could not be adopted; and he passed -out of Congress to the pursuits of private life, recording upon them his -conviction, that their public proposal would have failed for want of -support.[205] - -There was in fact a manifest indisposition in Congress to propose any -considerable change in the principle of the government. Hence, nothing -but the revenue system, with a change in the rule by which a partition -of the common burdens was to be made, was publicly proposed. Although -this system was a great improvement upon that of the Confederation, it -related simply to revenue, in regard to which it proposed a reform, not -of the principle of the government, but of the mode of operation of the -old system; for it embraced only a specific pledge by the States of -certain duties for a limited term, and not a grant of the unlimited -power of levying duties at pleasure. There was confessedly a departure -from the strict maxims of national credit, by not making the revenue -coextensive with its object, and by not placing its collection in every -respect under the authority charged with the management and payment of -the debt which it was designed to meet.[206] - -These relaxations were a sacrifice to the jealousies of the States; and -they show that the time had not come for a change from a mere federative -union to a constitutional government, founded on the popular will, and -therefore acting by an energy and volition of its own. - -The temper of the time was wholly unfavorable to such a change. The -early enthusiasm with which the nation had rushed into the conflict with -England, guided by a common impulse and animated by a national spirit, -had given place to calculations of local interest and advantage; and the -principle of the Confederation was tenaciously adhered to, while the -events which accompanied and followed the peace were rapidly displaying -its radical incapacity. The formation of the State governments, and the -consequent growth and importance of State interests, which came into -existence with the Confederation, and the fact that the Confederation -was itself an actual diminution of the previous powers of the Union, may -be considered the chief causes of the decline of a national spirit. That -spirit was destined to a still further decay, until the conflict of -State against State, and of section against section, by shaking the -government to its foundation, should reveal both the necessity for a -national sovereignty and the means by which it could be called into -life. - -As a consequence and proof of the decline of national power, it is -worthy of observation, that, at the close of the year 1783, Congress had -practically dwindled to a feeble junto of about twenty persons, -exercising the various powers of the government, but without the dignity -and safety of a local habitation. Migrating from city to city and from -State to State, unable to agree upon a seat of government, from jealousy -and sectional policy; now assembling in the capitol of a State, and now -in the halls of a college; at all times dependent upon the protection -and even the countenance of local authorities, and without the presence -of any of the great and powerful minds who led the earlier counsels of -the country, this body presented a not inadequate type of the decaying -powers of the Union.[207] At no time in the history of the -Confederation, had all the States been represented at once; and the -return of peace seemed likely to reduce the entire machinery of the -government to a state of complete inaction.[208] - -The Confederation, at the close of the war, is found to have -accomplished much, and also to have failed to accomplish much more. It -had effected the cession of the public lands to the United States; for -although that cession was not completed until after the peace, still the -arch on which the Union was ultimately to rest for whatever of safety -and perpetuity remained for it through the four following years, was -deposited in its place, when the Confederation was established. It had -also placed the United States, as a nation, in a position to contract -some alliances with foreign powers. It had finished the war; it had -achieved the independence of the nation; and had given peace to the -country. It had thus demonstrated the value of the Union, although its -defective construction aided the development of tendencies which -weakened and undermined its strength. - -But its imperfect performance of the great tasks to which it had been -called, displayed its inherent defects. It had often been unequal to the -purpose of effectually drawing forth the resources of its members for -the common welfare and defence. It had often wanted an army adequate to -the protection and proportioned to the abilities of the country. It had, -therefore, seen important posts reduced, others imminently endangered, -and whole States and large parts of others overrun by small bodies of -the enemy;--had been destitute of sufficient means of feeding, clothing, -paying, and appointing its troops, and had thus exposed them to -sufferings for which history scarcely affords a parallel. It had been -compelled to make the administration of its affairs a succession of -temporary expedients, inconsistent with order, economy, energy, or a -scrupulous adherence to public engagements. It found itself, at the -close of the war, without any certain means of doing justice to those -who had been the principal supporters of the Union;--to an army which -had bravely fought, and patiently suffered,--to citizens and to -foreigners, who had cheerfully lent their money,--and to others who had -contributed property and personal service to the common cause. It was -obliged to rely, for the last hope of doing that justice, on the -precarious concurrence of thirteen distinct legislatures, the dissent of -either of which might defeat the plan, and leave the States, at an early -period of their existence, involved in all the disgrace and mischiefs -of violated faith and national bankruptcy.[209] - -While, therefore, the United States emerged from the war, which for -seven long years had wasted the energies and drained the resources of -the people, with national independence, dark and portentous clouds -gathered about the dawn of peace, as the future opened before them. The -past had been crowned with victory;--dearly bought, but not at too dear -a price, for it brought with it the vast boon of civil liberty. But the -dangers and embarrassments through which that victory had been achieved -made it apparent that the government of the country was unequal to its -protection and prosperity. That government was now called to assume the -great duties of peace, without the acknowledged power of maintaining -either an army or a navy, and without the means of combining and -directing the forces and wills of the several parts to a general end; -without the least control over commerce; without the power to fulfil a -treaty; without laws acting upon individuals; and with no mode of -enforcing its own will, but by coercing a delinquent State to its -federal obligations by force of arms. How it met the great demands upon -its energy and durability which its new duties involved, we are now to -inquire. - -FOOTNOTES: - -[189] Letter to Hamilton, March 31, 1783. Writings, VIII. 409. Letter to -Lafayette, April 5, 1783. Ibid. 411. Address to the States, June 8, -1783. Ibid. 439. - -[190] These suggestions were made by Hamilton, in a letter of great -ability, written in 1780, while he was still in the army, to James -Duane, a member of Congress from New York. It was not published until it -appeared in his Life, I. 284. At its close, he says: "I am persuaded a -solid confederation, a permanent army, a reasonable prospect of -subsisting it, would give us treble consideration in Europe, and produce -a peace this winter. _If a convention is called, the minds of all the -States and the people ought to be prepared to receive its determinations -by sensible and popular writings_, which should conform to the views of -Congress. There are epochs in human affairs when _novelty_ is useful. If -a general opinion prevails that the old way is bad, whether true or -false, and this obstructs or relaxes the operations of the public -service, a change is necessary, if it be but for the sake of change. -This is exactly the case now. 'T is an universal sentiment, that our -present system is a bad one, and that things do not go right on this -account. The measure of a convention would revive the hopes of the -people, and give a new direction to their passions, which may be -improved in carrying points of substantial utility. The Eastern States -have already pointed out this mode to Congress: they ought to take the -hint, and anticipate the others." What is here said of the action of the -Eastern States probably refers, not to any suggestion of a convention to -revise the powers of the general government, but to a convention of -committees of the Eastern States, which first assembled at Hartford, and -afterwards at Boston, in November, 1779, and in August, 1780, _for -regulating the prices of commodities_. Journals of Congress, V. 406; VI. -271, 331, 392. But the writer may have had in his mind the convention -which had just assembled in Massachusetts to form the constitution of -that State. I am aware of no public proposal, as early as 1780, of a -general convention to remodel the Confederacy. - -[191] "It is not to be presumed," he said, "that the constitution of any -State means to define and fix the precise numbers and descriptions of -all officers to be permitted in the State, excluding the creation of any -new ones, whatever might be the necessity derived from that variety of -circumstances incident to all political institutions. The legislature -must always have a discretionary power of appointing officers, not -expressly known to the constitution, and this power will include that of -authorizing the federal government to make the appointments in cases -where the general welfare may require it. The denial of this would prove -too much; to wit, that the power given by the Confederation to Congress, -to appoint all officers in the post-office, was illegal and -unconstitutional. The doctrine advanced by Rhode Island would perhaps -prove also that the federal government ought to have the appointment of -no internal officers whatever; a position that would defeat all the -provisions of the Confederation, and all the purposes of the union. The -truth is, that no federal constitution can exist without powers that in -their exercise effect the internal police of the component members. It -is equally true, that no government can exist without a right to appoint -officers for those purposes which proceed from, and concentre in, -itself; and therefore the Confederation has expressly declared, that -Congress shall have authority to appoint all such 'civil officers as may -be necessary for managing the general affairs of the United States under -their direction.' All that can be required is, that the federal -government confine its appointments to such as it is empowered to make -by the original act of union, or by the subsequent consent of the -parties; unless there should be express words of exclusion in the -constitution of a State, there can be no reason to doubt that it is -within the compass of legislative discretion to communicate that -authority. The propriety of doing it upon the present occasion, is -founded on substantial reasons. The measure proposed is a measure of -necessity. Repeated experiments have shown, that the revenue to be -raised within these States is altogether inadequate to the public wants. -The deficiency can only be supplied by loans. Our applications to the -foreign powers on whose friendship we depend, have had a success far -short of our necessities. The next resource is to borrow from -individuals. These will neither be actuated by generosity nor reasons of -state. 'Tis to their interest alone we must appeal. To conciliate this, -we must not only stipulate a proper compensation for what they lend, but -we must give security for the performance. We must pledge an ascertained -fund, simple and productive in its nature, general in its principle, and -at the disposal of a single will. There can be little confidence in a -security under the constant revisal of thirteen different deliberatives. -It must, once for all, be defined and established on the faith of the -States, solemnly pledged to each other, and not revocable by any without -a breach of the general compact. 'Tis by such expedients that nations -whose resources are understood, whose reputations and governments are -erected on the foundation of ages, are enabled to obtain a solid and -extensive credit. Would it be reasonable in us to hope for more easy -terms, who have so recently assumed our rank among the nations? Is it -not to be expected, that individuals will be cautious in lending their -money to a people in our circumstances, and that they will at least -require the best security we can give? We have an enemy vigilant, -intriguing, well acquainted with our defects and embarrassments. We may -expect that he will make every effort to instil diffidences into -individuals, and in the present posture of our internal affairs he will -have too plausible ground on which to tread. Our necessities have -obliged us to embrace measures, with respect to our public credit, -calculated to inspire distrust. The prepossessions on this article must -naturally be against us, and it is therefore indispensable we should -endeavor to remove them, by such means as will be the most obvious and -striking. It was with these views Congress determined on a general fund; -and the one they have recommended must, upon a thorough examination, -appear to have fewer inconveniences than any other. It has been remarked -as an essential part of the plan, that the fund should depend on a -single will. This will not be the case, unless the collection, as well -as the appropriation, is under the control of the United States; for it -is evident, that, after the duty is agreed upon, it may, in a great -measure, be defeated by an ineffectual mode of levying it. The United -States have a common interest in a uniform and equally energetic -collection; and not only policy, but justice to all the parts of the -Union, designates the utility of lodging the power of making it where -the interest is common. Without this, it might in reality operate as a -very unequal tax." Journals of Congress, VIII. 153. - -[192] He said, as an additional reason for the revenue being collected -by officers under the appointment of Congress, that, "as the energy of -the federal government was evidently short of the degree necessary for -pervading and uniting the States, it was expedient to introduce the -influence of officers deriving their emoluments from, and consequently -interested in supporting the power of Congress." Upon this Mr. Madison -observes: "This remark was imprudent, and injurious to the cause it was -intended to serve. This influence was the very source of jealousy which -rendered the States averse to a revenue under collection, as well as -appropriation, of Congress. All the members of Congress who concurred in -any degree, with the States in this jealousy, smiled at the disclosure. -Mr. Bland, and still more Mr. Lee, who were of this number, took notice, -in private conversation, that Mr. Hamilton had let out the secret." -Elliot's Debates, I. 35. - -[193] March 18 and 23, 1781. Journals, VII. 56, 67. - -[194] Life of Hamilton, II. 50-57. - -[195] March 20, 1783. Journals, VIII. 157-159. - -[196] The census was to be of "the whole number of white and other free -citizens and inhabitants, of every age, sex, and condition, including -those bound to servitude for a term of years, and three fifths of all -other persons not comprehended in the foregoing description, except -Indians, not paying taxes, in each State; which number shall be -triennially taken and transmitted to the United States in Congress -assembled, in such mode as they shall direct and appoint." When the -Articles of Confederation were framed and adopted in Congress, a -valuation of land as the rule of proportion was adopted instead of -numbers of inhabitants, in consequence of the impossibility of -compromising the different ideas of the Eastern and Southern States as -to the rate at which slaves should be counted; the Eastern States of -course wishing to have them counted in a near ratio to the whites, and -the Southern States wishing to diminish that ratio. Numbers would have -been preferred by the Southern States to land, if half their slaves only -could have been taken; but the Eastern States were opposed to this -estimate. (Elliot's Debates, I. 79.) In 1783, when it was proposed to -change the rule of proportion from land to numbers, the first compromise -suggested (by Mr. Wolcott of Connecticut) was to include only such -slaves as were between the ages of sixteen and sixty; this was found to -be impracticable; and it was agreed on all sides, that, instead of -fixing the proportion by ages, it would be best to fix it in absolute -numbers, and the rate of three fifths was agreed upon. (Ibid. 81, 82.) - -[197] Life of Hamilton, II. 204-212. - -[198] Ibid. - -[199] He proposed that the States should transfer to Congress the right -to appoint the regimental officers, and that the men should be enlisted -under continental direction. - -[200] That the subject of a peace establishment originated with Hamilton -is certain, from the fact that early in April, soon after the -appointment of the committee, he wrote to General Washington, wishing to -know his sentiments at large on such institutions of every kind for the -interior defence of the States as might be best adapted to their -circumstances. (Writings of Washington, VIII. 417.) Washington wrote to -all the principal officers of the army then in camp, for their views, -and from the memoirs which they presented to him an important document -was compiled, which was forwarded by him to the committee of Congress. -In one of these memoirs Colonel Pickering suggested the establishment of -a military academy at West Point. "If any thing," he said, "like a -military academy in America be practicable at this time, it must be -grounded on the permanent military establishment of our frontier posts -and arsenals, and the wants of the States, separately, of officers to -command the defences of their sea-coasts. On this principle, it might be -expedient to establish a military school, or academy, at West Point. And -that a competent number of young gentlemen might be induced to become -students, it might be made a rule, that vacancies in the standing -regiments should be supplied from thence; those few instances excepted -where it would be just to promote a very meritorious sergeant. For this -end, the number which shall be judged requisite to supply vacancies in -the standing regiment might be fixed, and that of the students, who are -admitted with an exception of filling them, limited accordingly. They -might be allowed subsistence at the public expense. If any other youth -desired to pursue the same studies at the military academy, they might -be admitted, only subsisting themselves. Those students should be -instructed in what is usually called military discipline, tactics, and -the theory and practice of fortification and gunnery. The commandant and -one or two other officers of the standing regiment, and the engineers, -making West Point their general residence, would be the masters of the -academy; and the inspector-general superintend the whole." (Ibid.) The -subject of a peace establishment was made one of the four principal -topics on which Washington afterwards enlarged in his circular letter to -the States, in June; but his suggestions related chiefly to a uniform -organization of the militia throughout the States. He subsequently had -several conferences with the committee of Congress, on the whole -subject, but nothing was done. (Vide note, infra.) - -[201] Life of Hamilton, II. 214-219. The State of New York precipitated -the constitutional question, by demanding that the Western posts within -her limits should be garrisoned by troops of her own, and by instructing -her delegates in Congress to obtain a declaration, conformably to the -sixth article of the Confederation, of the number of troops necessary -for that purpose. Hamilton forbore to press this application while the -general subject of a peace establishment was under consideration. But -the doubts that arose as to the constitutional power of Congress to -raise an army for the purposes of peace, and the urgency of the case, -made it necessary to adopt a temporary measure with regard to the -frontier posts, and to direct the commander-in-chief to garrison them -with a part of the troops of the United States which had enlisted for -three years. This was ordered on the 12th of May. Soon after, the mutiny -of a portion of the new levies of the Pennsylvania line occurred, which -drove Congress from Philadelphia to Princeton, on the 21st of June. At -Princeton, they remained during the residue of the year, but with -diminished numbers and often without a constitutional quorum of States. -In September, General Washington wrote to Governor Clinton: "Congress -have come to no determination yet respecting a peace establishment, nor -am I able to say when they will. I have lately had a conference with a -committee on this subject, and have reiterated my former opinions: but -it appears to me, that there is not a sufficient representation to -discuss great national points; nor do I believe there will be, while -that honorable body continue their sessions at this place. The want of -accommodation, added to a disinclination in the Southern delegates to be -farther removed than they formerly were from the centre of the empire, -and an aversion in the others to give up what they conceive to be a -point gained by the late retreat to this place, keep matters in an -awkward situation, to the very great interruption of national concerns. -Seven States, it seems, by the Articles of Confederation, must agree, -before any place can be fixed upon for the seat of the federal -government; and seven States, it is said, never will agree; -consequently, as Congress came here, here they are to remain, to the -dissatisfaction of the majority and a great let to business, having none -of the public offices about them, nor any place to accommodate them, if -they were brought up; and the members, from this or some other cause, -are eternally absent." - -[202] Mr. Madison has given the following account of this -occurrence:--"On the 19th of June, Congress received information from -the Executive Council of Pennsylvania, that eighty soldiers, who would -probably be followed by others, were on the way from Lancaster to -Philadelphia, in spite of the expostulations of their officers, -declaring that they would proceed to the seat of Congress and demand -justice, and intimating designs against the Bank. A committee, of which -Colonel Hamilton was chairman, was appointed to confer with the -executive of Pennsylvania, and to take such measures as they should find -necessary. After a conference, the committee reported that it was the -opinion of the executive that the militia of Philadelphia would probably -not be willing to take arms before they should be provoked by some -actual outrage; that it would hazard the authority of government to make -the attempt; and that it would be necessary to let the soldiers come -into the city, if the officers who had gone out to meet them could not -stop them. The next day the soldiers arrived in the city, led by their -sergeants, and professing to have no other object than to obtain a -settlement of accounts, which they supposed they had a better chance for -at Philadelphia than at Lancaster. On the 21st, they were drawn up in -the street before the State-House, where Congress were assembled. The -Executive Council of the State, sitting under the same roof, was called -on for the proper interposition. The President of the State (Dickinson) -came in and explained the difficulty of bringing out the militia of the -place for the suppression of the mutiny. He thought that, without some -outrages on persons or property, the militia could not be relied on. -General St. Clair, then in Philadelphia, was sent for, and desired to -use his interposition, in order to prevail on the troops to return to -the barracks. But his report gave no encouragement. In this posture of -things, it was proposed by Mr. Izard that Congress should adjourn. -Colonel Hamilton proposed that General St. Clair, in concert with the -Executive Council of the State, should take order for terminating the -mutiny. Mr. Reed moved that the General should endeavor to withdraw the -mutineers, by assuring them of the disposition of Congress to do them -justice. Nothing, however, was done. The soldiers remained in their -position, occasionally uttering offensive words and pointing their -muskets at the windows of the hall of Congress. At the usual hour of -adjournment the members went out, without obstruction; and the soldiers -retired to their barracks. In the evening Congress reassembled, and -appointed a committee to confer anew with the executive of the State. -This conference produced nothing but a repetition of the doubts -concerning the disposition of the militia to act, unless some actual -outrage were offered to persons or property, the insult to Congress not -being deemed a sufficient provocation. On the 24th, the efforts of the -State authority being despaired of, Congress were summoned by the -President to meet at Trenton." (Elliot's Debates, I. 92-94.) The mutiny -was afterwards suppressed by marching troops into Pennsylvania under -Major-General Howe. (Journals, VIII. 281.) - -[203] Life of Hamilton, II. 230-237. - -[204] Life of Hamilton, II. 230-237. - -[205] Ibid. - -[206] See the Address to the States, accompanying the proposed revenue -system, April 26, 1783, from the pen of Mr. Madison. Journals, VIII. -194-201. - -[207] The first Continental Congress was called to meet at Philadelphia, -that being the nearest to the centre of the Union of any of the -principal cities in the United States. Succeeding Congresses had been -held there, with the exception of the period when the city was in the -possession of the enemy, in the year 1777, until, on the 21st of June, -1783, in consequence of the mutiny of the soldiers, the President was -authorized to summon the members to meet at Trenton, or Princeton, in -New Jersey, "in order that further and more effectual measures may be -taken for suppressing the present revolt, and maintaining the dignity -and authority of the United States." On the 30th, Congress assembled at -Princeton, in the halls of the college, which were tendered by its -officers for their use. In August, a proposition was made to return to -Philadelphia, and that, on the second Monday in October, Congress should -meet at Annapolis, unless in the mean time it had been ordered -otherwise. But this was not agreed to. A committee was then appointed -(in September), "to consider what jurisdiction may be proper for -Congress in the place of their permanent residence." This seems to have -been followed by propositions from several of the States, from New York -to Virginia inclusive, respecting a place for the permanent residence of -Congress, although the Journal does not state what they were. A question -was then taken (October 6), in which State buildings should be provided -and erected for the residence of Congress, beginning with New Hampshire -and proceeding with all the States in their order. Each State was -negatived in its turn. The highest number of votes given (by States) -were for New Jersey and Maryland, which had four votes each. A -resolution was then carried, "that buildings for the use of Congress be -erected on or near the banks of the Delaware, provided a suitable -district can be procured on or near the banks of said river, for a -federal town; and that the right of soil, and an exclusive or such -jurisdiction as Congress may direct, shall be vested in the United -States"; and a committee was appointed, to repair to the falls of the -Delaware, to view the country, and report a proper district for this -purpose. A variety of motions then followed, for the selection of a -place of temporary residence, but none was adopted. On the 17th of -October, a proposition was made by a delegate of Massachusetts (Mr. -Gerry), to have buildings provided for the alternate residence of -Congress in two places, with the idea of "securing the mutual confidence -and affection of the States, and preserving the federal balance of -power"; but the question was lost. Afterwards, the following resolution -was agreed to: "Whereas, there is reason to expect that the providing -buildings for the alternate residence of Congress in two places will be -productive of the most salutary effects, by securing the mutual -confidence and affections of the States, _Resolved_, That buildings be -likewise erected, for the use of Congress, at or near the lower falls of -the Potomac, or Georgetown, provided a suitable district on the banks of -the river can be procured for a federal town, and the right of soil, and -an exclusive jurisdiction, or such as Congress may direct, shall be -vested in the United States; and that until the buildings to be erected -on the banks of the Delaware and Potomac shall be prepared for the -reception of Congress, their residence shall be alternately, at equal -periods of not more than one year and not less than six months, in -Trenton and Annapolis; and the President is hereby authorized and -directed to adjourn Congress on the twelfth day of November next, to -meet at Annapolis on the twenty-sixth day of the same month, for the -despatch of public business." (Journals of Congress from June to -November, 1783.) - -[208] Report of a committee appointed to devise means for procuring a -full representation in Congress, made November 1, 1783. Journals, VIII. -480-482. - -[209] Hamilton's proposed Resolutions; Life, II. 230-237. - - - - -BOOK III. - -THE CONSTITUTIONAL HISTORY OF THE UNITED STATES, FROM THE PEACE OF -1783 TO THE FEDERAL CONVENTION OF 1787. - - - - -CHAPTER I. - -JANUARY, 1784-MAY, 1787. - -DUTIES AND NECESSITIES OF CONGRESS.--REQUISITIONS ON THE -STATES.--REVENUE SYSTEM OF 1783. - - -The period which now claims our attention is that extending from the -Peace of 1783 to the calling of the Convention which framed the -Constitution, in 1787. It was a period full of dangers and difficulties. -The destinies of the Union seemed to be left to all the hazards arising -from a defective government and the illiberal and contracted policy of -its members. Patriotism was generally thought to consist in adhesion to -State interests, and a reluctance to intrust power to the organs of the -nation. The national obligations were therefore disregarded; treaty -stipulations remained unfulfilled; the great duty of justice failed to -be discharged; rebellion raised a dangerous and nearly successful front; -and the commerce of the country was exposed to the injurious policy of -other nations, with no means of counteracting or escaping from its -effects. At length, the people of the United States began to see danger -after they had felt it, and the growth of sounder views and higher -principles of public conduct gave to the friends of order, public -faith, and national security a controlling influence in the country, and -enabled the men, who had won for it the blessings of liberty, to -establish for it a durable and sufficient government. - -Four years only elapsed, between the return of peace and the downfall of -a government which had been framed with the hope and promise of -perpetual duration;--an interval of time no longer than that during -which the people of the United States are now accustomed to witness a -change of their rulers, without injury to any principle or any form of -their institutions. But this brief interval was full of suffering and -peril. There are scarcely any evils or dangers, of a political nature, -and springing from political and social causes, to which a free people -can be exposed, which the people of the United States did not experience -during this period. That these evils and dangers did not precipitate the -country into civil war, and that the great undertaking of forming a new -and constitutional government, by delegates of the people, could be -entered upon and prosecuted, with the calmness, conciliation, and -concession essential to its success, is owing partly to the fact that -the country had scarcely recovered from the exhausting effects of the -Revolutionary struggle; but mainly to the existence of a body of -statesmen, formed during that struggle, and fitted by hard experience to -build up the government. But before their efforts and their influences -are explained, the period which developed the necessity for their -interposition must be described. He who would know what the -Constitution of the United States was designed to accomplish, must -understand the circumstances out of which it arose. - -On the 3d of November, 1783, a new Congress, according to annual custom, -was assembled at Annapolis, and attended by only fifteen members, from -seven States. Two great acts awaited the attention of this -assembly;--both of an interesting and important character, both of -national concern. The one was the resignation of Washington; a solemnity -which appealed to every feeling of national gratitude and pride, and -which would seem to have demanded whatever of pomp and dignity and power -the United States could display. The other was a legislative act, which -was to give peace to the country, by the ratification of the Treaty. -Several weeks passed on, and yet the attendance was not much increased. -Washington's resignation was received, at a public audience of seven -States, represented by about twenty delegates;[210] and on the same day -letters were despatched to the other States, urging them, for the -safety, honor, and good faith of the United States, to require the -immediate attendance of their members.[211] It was not, however, until -the 14th of January that the Treaty could be ratified by the -constitutional number of nine States; and, when this took place, there -were present but three-and-twenty members.[212] - -It should undoubtedly be considered, that, from the nature and form of -the government, the delegates in Congress had in some sense an -ambassadorial character, and were assembled as the representatives of -sovereign States. But with whatever dignity, real or fictitious, they -may be considered as having been clothed, the government itself was one -that created a constant tendency to the neglect of its functions, and -therefore produced great practical evils. The Articles of Confederation -provided that delegates should be annually appointed by the States, to -meet in Congress on the first Monday in November in every year; and -although they also gave to Congress the power of adjournment for a -recess, during which the government was to be devolved on a Committee of -the States, they fixed no period for the termination of a session. While -the war lasted, it had been both customary and necessary for the old -Congress, and for its successors under the Confederation, to be -perpetually in session; and this practice was continued after the peace, -with very short intervals of Committees of the States, partly from -habit, and partly in consequence of the reduction of the delegations to -the lowest constitutional number. This rendered despatch impossible, by -putting it in the power of a few members to withhold from important -matters the constitutional concurrence of nine States. Without any -reference to population by the Articles of Confederation, not less than -two nor more than seven delegates were allowed to each State; and by -casting the burden of maintaining its own delegates upon each State, -they created a strong motive for preferring the smaller number, and -often for not being represented at all. This motive became more active -after the peace, when the immediate stimulus of hostilities was -withdrawn; and it was at the same time accompanied, in most of the -States, by a great jealousy of the powers of Congress, a disinclination -to enlarge them, and a prevalent feeling that each State was sufficient -unto itself for all the purposes of government.[213] The consequence -was, that the Congress of the Confederation, from the ratification of -the Treaty of Peace to the adoption of the Constitution, although -entitled to ninety-one members, was seldom attended by one third of that -number; and the state of the representation was sometimes so low, that -one eighth of the whole number present could, under the constitutional -rule, negative the most important measures.[214] - -Such was the government which was now called to provide for the payment -of at least the interest on the public debts, and to procure the means -for its own support; to carry out the Treaty of Peace, and secure to -the country its advantages; to complete the cessions of the Western -lands, and provide for their settlement and government; to guard the -commerce of the country against the hostile policy of other nations; to -secure to each State the forms and principles of a republican -government; to extend and secure the relations of the country with -foreign powers; and to preserve and perpetuate the Union. By tracing the -history of its efforts and its failures with regard to these great -objects, we may understand the principal causes which brought about the -conviction on the part of the people of the United States, that another -and a stronger government must take the place of the Confederation. - -It was ascertained in April, 1784, that a sum exceeding three millions -of dollars would be wanted to pay the arrears of interest, and to meet -the interest and current expenses of the public service for the -year.[215] Two sources only could be looked to for this supply. It must -either be obtained by requisitions on the States, according to the old -rule of the Confederation, or from the new duties and taxes proposed by -the revenue system of 1783. But that proposal was still under the -consideration of the State legislatures; some of them having as yet -acceded to the impost only, and others having decided neither on the -impost nor on the supplementary taxes. Some time must therefore elapse -before the final confirmation of this system, even if its final -confirmation were probable; and, after it should have been confirmed, -further time would be requisite to bring it into operation. It was quite -clear, therefore, that other measures must be resorted to. Requisitions -presented the sole resource. But in what mode were they to be made? The -preceding Congress had offered two recommendations to the States on the -subject of the rule of the Confederation, which directed that the quotas -of the several States should be apportioned according to the value of -their lands. The Congress of 1783, in order to give this rule a fair -trial, had recommended to the States to make returns of their lands, -buildings, and inhabitants;[216] but, apprehending that the -insufficiency of the rule would immediately show itself, they had -followed this recommendation with another, to change the basis of -contribution from land to numbers of inhabitants.[217] Both of these -propositions were still under the consideration of the State -legislatures, and four States only had acceded to them.[218] A new -requisition, therefore, if made at all, must be made under the old rule -of the Confederation, and with entirely imperfect means of making it -with justice and equality. It was found, however, that large arrears -were still due from the States, of the old requisitions made during the -war.[219] A new call upon them to pay one half of these arrears, -deducting therefrom the amount of their payments to the close of the -year, would, if complied with, produce a sum nearly sufficient for the -wants of the government. This resource was accordingly tried.[220] - -In the year 1785, three millions, it was ascertained, would be required -for the service of the year. A renewed call was made for the remaining -unpaid moiety of the old requisition of eight millions, and for the -whole of the old requisition of two millions; but, considering that the -public faith required Congress to continue their annual demand for -money, they issued a new requisition for three millions, and adjusted it -according to the best information they could obtain.[221] - -In the year 1786, a sum of more than three millions was wanted for the -current demands on the treasury, and a new requisition was made for it, -under the old rule of the Confederation.[222] Two of the States, Rhode -Island and New Jersey, thereupon passed acts, making their own paper -currency receivable on all arrears of taxes due to the United States, -and proposing to pay their quotas in such currency.[223] - -But the entire inadequacy of this source of supply to maintain the -federal government, and to discharge the annual public engagements, had -now become but too apparent. From the 1st of November, 1781, to the 1st -of January, 1786, less than two and a half millions of dollars had been -received from requisitions made during that period, amounting to more -than ten millions.[224] For the last fourteen months of that interval, -the average receipts from requisitions amounted to less than four -hundred thousand dollars per annum, while the interest alone due on the -foreign debt was more than half a million; and, in the course of each of -the nine following years, the average sum of one million, annually, -would become due by instalments on the principal of that debt.[225] In -addition to this, the interest on the domestic debt; the security of the -navigation and commerce of the country against the Barbary powers; the -immediate protection of the people dwelling on the frontier from the -savages; the establishment of military magazines in different parts of -the Union, quite indispensable to the public safety; the maintenance of -the federal government at home, and the support of the public servants -abroad,--each and all depended upon the contribution of the States under -the annual requisitions, and were each and all likely to be involved in -a common failure and ruin.[226] - -There can be no doubt that the continuance of the practice of making -requisitions, after the proposal of the revenue system of 1783, had some -tendency to prevent the adoption of that system by the States. But there -was no other alternative within the constitutional reach of Congress; -and in the mean time, the revenue system, submitted as it necessarily -was to the legislatures of thirteen different States, was, as far as it -was assented to, embarrassed with the most discordant and irreconcilable -provisions. It was ascertained in February, 1786, that seven of the -States had granted the impost part of the system, in such a manner, -that, if the other six States had made similar grants, the plan of the -general impost might have been immediately put into operation.[227] Two -of the other States had also granted the impost, but had embarrassed -their grants with provisos, which suspended their operation until all -the other States should have passed laws in full conformity with the -whole system.[228] Two other States had fully acceded to the system in -all its parts;[229] but four others had not decided in favor of any part -of it.[230] - -No member of the Confederacy had, at this time, suggested to Congress -any reasonable objection to the principles of the system; and the -contradictory provisions by which their assent to it had been clogged, -present a striking proof of the inherent difficulties of obtaining any -important constitutional change from the legislatures of the States. The -government was founded upon a principle, by which all its powers were -derived from the States in their corporate capacities; in other words, -it was a government created by, and deriving its authority from, the -governments of the States. They alone could change the fundamental law -of its organization; and they were actuated by such motives and -jealousies, as rendered a unanimous assent to any change a great -improbability. Still, the Congress of 1786 hoped that, by a clear and -explicit declaration of the true position of the country, the requisite -compliance of the States might be obtained. They accordingly made known, -in the most solemn manner, the public embarrassments, and declared that -the crisis had arrived, when the people of the United States must decide -whether they were to continue to rank as a nation, by maintaining the -public faith at home and abroad; or whether, for want of timely exertion -in establishing a general revenue, they would hazard the existence of -the Union, and the great national privileges which they had fought to -obtain.[231] - -Under the influence of this urgent representation, all the States, -except New York, passed acts granting the impost, and vesting the power -to collect it in Congress, pursuant to the recommendations of 1783, but -upon the condition that it should not be in force until all the States -had granted it in the same manner. The State of New York passed an -act[232], reserving to itself the sole power of levying and collecting -the impost; making the collectors amenable to and removable by the -State, and not by Congress; and making the duties receivable in specie -or bills of credit, at the option of the importer. Such a departure from -the plan suggested by Congress, and adopted by the other States, of -course made the whole system inoperative in the other States, and there -remained no possibility of procuring its adoption, but by inducing the -State of New York to reconsider its determination. All hope of meeting -the public engagements, and of carrying on the government, now turned -upon the action of a single State. - -The principal argument made use of, by those who supported the conduct -of New York, was, that Congress, being a single body, might misapply the -money arising from the duties. An answer to this pretence, from the pen -of Hamilton, declared that the interests and liberties of the people -were not less safe in the hands of those whom they had delegated to -represent them for one year in Congress, than they were in the hands of -those whom they had delegated to represent them for one or four years in -the legislature of the State; that all government implies trust, and -that every government must be trusted so far as it is necessary to -enable it to attain the ends for which it is instituted, without which -insult and oppression from abroad, and confusion and convulsion at home, -must ensue[233]. The real motive, however, with those who ruled the -counsels of New York at this period, was a hope of the commercial -aggrandizement of the State; and the jealousies and fears of national -power, which were widely prevalent, were diligently employed to defeat -the system proposed by Congress. - -After the passage of the act of New York, and the adjournment of the -legislature, Congress earnestly recommended to the executive of that -State to convene the legislature again, to take into its consideration -the recommendation of the revenue system, for the purpose of granting -the impost to the United States, in conformity with the grants of -other States, so as to enable the United States to carry it into -immediate effect[234]. The Governor declined to accede to this -recommendation.[235] Congress repeated it, declaring that the critical -and embarrassed state of the finances required that the impost should -be carried into immediate operation, and expressing their opinion, -that the occasion was sufficiently important and extraordinary for -them to request that the legislature should be specially -convened.[236] The executive of New York again refused the request of -Congress, and the fate of the impost system remained suspended until -the meeting of the legislature, at its regular session in January, -1787. It was never adopted by that State, and consequently never took -effect. - -FOOTNOTES: - -[210] The Journals give the following account of General Washington's -resignation:-- - -"According to order, his Excellency the Commander-in-chief was admitted -to a public audience, and being seated, the President, after a pause, -informed him that the United States in Congress assembled were prepared -to receive his communications; whereupon he arose and addressed as -follows: 'MR. PRESIDENT,--The great events on which my resignation -depended having at length taken place, I have now the honor of offering -my sincere congratulations to Congress, and of presenting myself before -them to surrender into their hands the trust committed to me, and to -claim the indulgence of retiring from the service of my country. Happy -in the confirmation of our independence and sovereignty, and pleased -with the opportunity afforded the United States of becoming a -respectable nation, I resign with satisfaction the appointment I -accepted with diffidence; a diffidence in my abilities to accomplish so -arduous a task; which, however, was superseded by a confidence in the -rectitude of our cause, the support of the supreme power of the Union, -and the patronage of Heaven. The successful termination of the war has -verified the most sanguine expectations; and my gratitude for the -interposition of Providence, and the assistance I have received from my -countrymen, increases with every review of the momentous contest. While -I repeat my obligations to the army in general, I should do injustice to -my own feelings not to acknowledge, in this place, the peculiar services -and distinguished merits of the gentlemen who have been attached to my -person during the war. It was impossible the choice of confidential -officers to compose my family should have been more fortunate. Permit -me, sir, to recommend in particular those who have continued in the -service to the present moment, as worthy of the favorable notice and -patronage of Congress. I consider it an indispensable duty to close this -last act of my official life by commending the interests of our dearest -country to the protection of Almighty God, and those who have the -superintendence of them to his holy keeping. Having now finished the -work assigned me, I retire from the great theatre of action, and, -bidding an affectionate farewell to this august body, under whose orders -I have so long acted, I here offer my commission, and take my leave of -all the employments of public life.' He then advanced and delivered to -the President his commission, with a copy of his address, and having -resumed his place, the President (Thomas Mifflin) returned him the -following answer: 'SIR,--The United States in Congress assembled receive -with emotions too affecting for utterance the solemn resignation of the -authorities under which you have led their troops with success through a -perilous and doubtful war. Called upon by your country to defend its -invaded rights, you accepted the sacred charge, before it had formed -alliances, and whilst it was without funds or a government to support -you. You have conducted the great military contest with wisdom and -fortitude, invariably regarding the rights of the civil power through -all disasters and changes. You have, by the love and confidence of your -fellow-citizens, enabled them to display their martial genius, and -transmit their fame to posterity. You have persevered, till these United -States, aided by a magnanimous king and nation, have been enabled, under -a just Providence, to close the war in freedom, safety, and -independence; on which happy event we sincerely join you in -congratulations. Having defended the standard of liberty in this New -World, having taught a lesson useful to those who inflict and to those -who feel oppression, you retire from the great theatre of action with -the blessings of your fellow-citizens; but the glory of your virtues -will not terminate with your military command; it will continue to -animate remotest ages. We feel with you our obligations to the army in -general, and will particularly charge ourselves with the interests of -those confidential officers who have attended your person to this -affecting moment. We join you in commending the interests of our dearest -country to the protection of Almighty God, beseeching him to dispose the -hearts and minds of its citizens to improve the opportunity afforded -them of becoming a happy and respectable nation. And for you we address -to him our earnest prayers that a life so beloved may be fostered with -all his care; that your days may be happy as they have been illustrious; -and that he will finally give you that reward which this world cannot -give." Journals, IX. 12, 13. December 22, 1783. - -[211] Ibid. - -[212] Journals, IX. 30. January 14, 1784. - -[213] See Washington's letter to Governor Harrison, of the date of -January 18, 1784. Writings, IX. 11. - -[214] Twenty-three members voted on the ratification of the Treaty, -January 14, 1784. On the 19th of April of the same year, the same number -being present, eleven States only being represented, and nine of these -having only two members each, the following resolution was passed: -"_Resolved_, That the legislatures of the several States be informed, -that, whilst they are respectively represented in Congress by two -delegates only, such a unanimity for conducting the most important -public concerns is necessary as can be rarely expected; that if each of -the thirteen States should be represented by two members, five out of -twenty-six, being only a fifth of the whole, may negative any measures -requiring the voice of nine States; that of eleven States now on the -floor of Congress, nine being represented by only two members from each, -it is in the power of three out of twenty-five, making only one eighth -of the whole, to negative such a measure, notwithstanding that by the -Articles of Confederation the dissent of five out of thirteen, being -more than one third of the number, is necessary for such a negative; -that in a representation of three members from each State, not less than -ten of thirty-nine could so negative a matter requiring the voice of -nine States; that, from facts under the observation of Congress, they -are clearly convinced that a representation of two members from the -several States is extremely injurious, by producing delays, and for this -reason is likewise much more expensive than a general representation of -three members from each State; that therefore Congress conceive it to be -indispensably necessary, and earnestly recommend, that each State, at -all times when Congress are sitting, be hereafter represented by three -members at least; as the most injurious consequences may be expected -from the want of such representation." At the time when the report of -the Convention, transmitting the Constitution, was received (September -28, 1787), there were thirty-three members in attendance, from twelve -States. Rhode Island was not represented. - -[215] The sum reported by a committee, and finally agreed to be -necessary, was $3,812,539.33. Journals, IX. 171. April 27, 1784. - -[216] Journals, VIII. 129. February 17, 1783. - -[217] Ibid. 198. April 26, 1783. - -[218] Connecticut, New Jersey, Pennsylvania, and South Carolina. - -[219] Of the old requisition of $8,000,000, made October 30, 1781, only -$1,486,511.71 had been paid by all the States before December 31, 1783. - -[220] Journals, IX. 171-179. April 27, 1784. - -[221] Journals, X. 325-334. September 27, 1785. - -[222] Journals, XI. 167. August 2, 1786. - -[223] Ibid. 224. September 18, 1786. Upon this attempt of Rhode Island -and New Jersey to pay their proportions in their own paper currency, the -report of a committee declared, "That, to admit the receipt of bills of -credit, issued under the authority of an individual State, in discharge -of their specie proportions of a requisition, would defeat its object, -as the said bills do not circulate out of the limits of the State in -which they are emitted, and because a paper medium of any State, however -well funded, cannot, either in the extensiveness of its circulation, or -in the course of its exchange, be equally valuable with gold and silver. -That if the bills of credit of the States of Rhode Island and New Jersey -were to be received from those States in discharge of federal taxes, -upon the principles of equal justice, bills emitted by any other States -must be received from them also in payment of their proportions, and -thereby, instead of the requisitions yielding a sum in actual money, -nothing but paper would be brought into the federal treasury, which -would be wholly inapplicable to the payment of any part of the interest -or principal of the foreign debt, or the maintenance of the government -of the United States." - -[224] Journals, XI. 34-40. February 15, 1786. - -[225] Ibid. - -[226] Journals, XI. 34-40. February 15, 1786. - -[227] New Hampshire, Massachusetts, Connecticut, New Jersey, Virginia, -North Carolina, and South Carolina. - -[228] Pennsylvania and Delaware. - -[229] Delaware and North Carolina. - -[230] Rhode Island, New York, Maryland, and Georgia. - -[231] The report on this occasion (February 15, 1786), drawn by Rufus -King, declared, "that the requisitions of Congress for eight years past -have been so irregular in their operation, so uncertain in their -collection, and so evidently unproductive, that a reliance on them in -future as a source from whence moneys are to be drawn to discharge the -engagements of the Confederacy, definite as they are in time and amount, -would be not less dishonorable to the understandings of those who -entertain such confidence, than it would be dangerous to the welfare and -peace of the Union. The committee are therefore seriously impressed with -the indispensable obligation that Congress are under, of representing in -the immediate and impartial consideration of the several States the -utter impossibility of maintaining and preserving the faith of the -federal government by temporary requisitions on the States, and the -consequent necessity of an early and complete accession of all the -States to the revenue system of the 18th of April, 1783." - -[232] May 4, 1786. - -[233] Life of Hamilton, II. 385. - -[234] August 11, 1786. - -[235] The ground of his refusal was, "that he had not the power to -convene the legislature before the time fixed by law for their stated -meeting, except upon '_extraordinary occasions_,' and as the present -business had already been particularly laid before them, and so recently -as at their last session received their determination, it cannot come -within that description." Life of Hamilton, II. 389. - -[236] August 23, 1786. - - - - -CHAPTER II. - -1784-1787. - -INFRACTIONS OF THE TREATY OF PEACE. - - -The Treaty of Peace, ratified on the 14th of January, 1784, contained -provisions of great practical and immediate importance. One of its chief -objects, on the part of the United States, was, of course, to effect the -immediate withdrawal of the British troops, and of every sign of British -authority, from the country whose independence it acknowledged. A -stipulation was accordingly introduced, by which the King bound himself, -with all convenient speed, and without causing any destruction, or -carrying away any negroes or other property of the American inhabitants, -to withdraw all his armies, garrisons, and fleets from the United -States, and from every post, place, and harbor within the same. Although -the ratification of the Treaty was followed by the departure of the -British forces from the Atlantic coast, many important posts in the -Western country, within the incontestable limits of the United States, -with a considerable territory around each of them, were still -retained[237]. - -On the part of England, it was of great consequence to secure to British -subjects the property, and rights of property, of the enjoyment of which -the state of hostilities had deprived them. A war between colonies and -the parent state, which had sundered the closest intimacies of social -and commercial intercourse, involved of necessity vast private -interests. There were two large classes of English creditors, whose -interests required protection; the British merchants to whom debts had -been contracted before the Revolution, and the Tories, who had been -obliged to depart from the United States, leaving debts due to them, and -landed property, which had been seized. Clear and explicit stipulations -were inserted in the Treaty, in order to protect these interests. It was -provided that creditors on either side should meet with no lawful -impediments to the recovery of the full value in sterling money of all -_bona fide_ debts contracted before the date of the Treaty.[238] It was -also agreed, that Congress should earnestly recommend to the -legislatures of the respective States to provide for the restitution of -all estates, rights, and properties, which had been confiscated, -belonging to real British subjects, and to persons resident in districts -in the possession of his Majesty's arms, and who had not borne arms -against the United States; that persons of any other description should -have free liberty to go into any of the States, and remain for the -period of twelve months unmolested in their endeavors to obtain the -restitution of their property and rights which had been confiscated; -that Congress should recommend to the States a reconsideration and -revision of all their confiscation laws, and a restoration of the rights -and property of the last-mentioned persons, on their refunding the _bona -fide_ price which any purchaser might have given for them since the -confiscation. It was also agreed, that all persons having any interest -in confiscated lands, either by debts, marriage settlements, or -otherwise, should meet with no lawful impediment in the prosecution of -their just rights.[239] - -It was further provided, that there should be no future confiscations -made, nor any prosecutions commenced against any person on account of -the part he might have taken in the war, and that no person should, on -that account, suffer any future loss or damage, either in person, -liberty, or property, and that those who might be in confinement on such -charges, at the time of the ratification of the Treaty in America, -should be immediately set at liberty, and the prosecutions be -discontinued.[240] - -These provisions related to a great subject, with which, in the existing -political system of this country, it was difficult to deal. The action -of the States, with regard to some of the interests involved in these -stipulations, had been irregular from an early period of the war. The -Revolutionary Congress, on the commencement of hostilities, had suffered -the opportunity of asserting their rightful control over the subject of -alien interests, except as to property found on the high seas, to pass -away; and the consequence was, that the States had, on some points, -usurped an authority which belonged to the Union. A Union, founded in -compact, and vesting the rights of war and peace in Congress, was formed -in 1775; and from that time the Colonies, or, as they afterwards became, -States, were never rightfully capable of passing laws to sequester or -confiscate the debts or property of a national enemy[241]. After the -great acts of national sovereignty which took place in 1775-6, a British -subject could not, with any propriety, be considered as the enemy of -Massachusetts, or of Virginia; he was the enemy of the United States, -and by that authority alone, as the belligerent, was his property, in -strictness, liable to be seized, or the debts due to him sequestered. -But neither the Revolutionary Congress, nor that of the Confederation, -appear to have ever exercised the power of confiscating the debts or -property of British subjects, within the States, or to have recommended -such confiscation to the States themselves[242]. On the other hand, they -did not interfere when the States saw fit to do it. - -With regard to those inhabitants of the States who, adhering to the -British crown, had abandoned the country, and left property behind them, -it cannot so clearly be affirmed that the States should not have dealt -with their persons or property. Congress, as we have seen, at an early -period of the war, committed the whole subject of restraining the -persons of the Tories to the Colonies or States; and as Congress never -assumed or exercised any jurisdiction over their property, it was of -course left to be dealt with by the legislatures of the States, to whom -Congress had declared that their several inhabitants owed -allegiance[243]. But as these persons, by adhering to the crown, might -claim of the crown the rights and protection of British subjects, the -propriety of confiscating or withholding their property would remain for -solution, at the negotiation of the Treaty of Peace, as a question of -general justice and equity, rather than of public law. - -The interests of both of these classes of persons were too important -to be overlooked. Three millions sterling were due from the -inhabitants of the Colonies to merchants in Great Britain, at the -commencement of the war. At the return of peace, the laws of five of -the States were found either to prohibit the recovery of the -principal, or to suspend its collection, or to prohibit the recovery -of interest, or to make land a good payment in place of money.[244] -The purpose of the Treaty was to declare, that all _bona fide_ debts, -contracted before the date of the Treaty, and due to citizens of -either country, remained unextinguished by the war; and consequently, -that interest, when agreed to be paid, or payable by the custom, or -demandable as damages for delay of payment, was justly due. Over this -whole subject of foreign debts, the national sovereignty, of right, -had exclusive control; for confiscation of the property of a national -enemy belongs exclusively to the power exercising the rights of war; -and therefore whatever State laws might have been passed during the -war, exercising rights which belonged to the national sovereign, they -could have no validity when that sovereign came to resume its control -over the subject, and to stipulate that the right of confiscation, if -it ever existed, should not be exercised. The State laws, however, -existed, and remained in conflict with the Treaty, for several years, -producing consequences to which we shall presently advert. - -The fifth article of the Treaty was infringed by an act passed by the -State of New York, authorizing actions for rent to be brought by persons -who had been compelled to leave their lands and houses by the enemy, -against those who had occupied them while the enemy were in possession, -and declaring that no military order or command of the enemy should be -pleaded in justification of such occupation.[245] - -The sixth article was also violated by an act of the same State, which -made those inhabitants who had adhered to the enemy, if found within the -State, guilty of misprision of treason, and rendered them incapable of -holding office, or of voting at elections.[246] - -The powers of the government were entirely inadequate to meet this state -of things. The Confederation gave to the United States in Congress -assembled the sole and exclusive right of determining on peace and war, -and of entering into treaties and alliances. The nature of the -sovereignty thus established made a treaty the law of the land, and -binding upon every member of the Union; but there existed no means of -enforcing the obligation. If the legislatures of the States passed laws -restraining or interfering with the provisions of a treaty, Congress -could only declare that they ought to be, and recommend that they should -be, repealed. The simple and effectual intervention of a national -judiciary, clothed with the power of declaring void any State -legislation that conflicted with the national sovereignty, and of giving -the means of enforcing all rights which that sovereignty had guaranteed -by compact with a foreign power, did not exist. Resort, it is true, -could be had to the State tribunals; and, on one memorable occasion, -such resort was had to them with success. But the legislative power -assailed the independence of the judiciary, and indignantly declared a -decision, made with fairness by a competent tribunal, subversive of law -and good order, because it recognized the paramount authority of a -treaty over a statute of the State.[247] - -The effect of such State legislation upon the relations of the two -countries was direct and mischievous. The Treaty of Peace was designed, -and was adapted, to produce a fair and speedy adjustment of those -relations, upon principles of equity and justice. But its obligations -were reciprocal, and it could not execute itself. It was made, on the -one side, by a power capable of performing, but also capable of waiting -for the performance of the obligations which rested upon the other -contracting party. On the other side, it was made by a power possessed -of very imperfect means of performance, yet standing in constant need of -the benefit which a full compliance with its obligations would insure. -After the lapse of three years from the signature of the preliminary -articles, and of more than two years from that of the definitive Treaty, -the military posts in the Western country were still held by British -garrisons, avowedly on account of the infractions of the Treaty on our -part. The Minister of the United States at St. James's was told, in -answer to his complaints, that one party could not be obliged to a -strict observance of the engagements of a treaty, and the other remain -free to deviate from its obligations; and that whenever the United -States should manifest a real determination to fulfil their part of the -Treaty, Great Britain would be ready to carry every article of it into -complete effect.[248] An investigation of the whole subject, therefore, -became necessary, and Congress directed the Secretary of Foreign Affairs -to make inquiry into the precise state of things. His report ascertained -that the fourth and fifth articles of the Treaty had been constantly -violated on our part by legislative acts still in existence and -operation; that on the part of England, the seventh article had been -violated, by her continuing to hold the posts from which she had agreed -to withdraw her garrisons, and by carrying away a considerable body of -negroes, the property of American inhabitants, at the time of the -evacuation of New York.[249] - -The serious question recurred,--what was to be done? The United States -had neither committed nor approved of any violation of the Treaty; but -an appeal was made to their justice, relative to the conduct of -particular States, for which they were obliged eventually to answer. -They could only resolve and recommend; and accordingly, after having -declared that the legislatures of the States could not, of right, do any -thing to explain, interpret, or limit the operation of a treaty, -Congress recommended to the States to pass a general law, repealing all -their former acts that might be repugnant to the Treaty, and leaving to -their courts of justice to decide causes that might arise under it, -according to its true intent and meaning, by determining what acts -contravened its provisions.[250] This recommendation manifestly left the -interests of the Union exposed to two hazards; the one, that the -legislatures of the States might not pass the repealing statute, which -would submit the proper questions to their courts, and the other, that -their courts might not decide with firmness and impartiality between the -policy of the State, on the one hand, and the interests of foreigners -and obnoxious Tories, on the other. - -But this was all that could be done, and partial success only followed -the effort. Most of the States passed acts, in compliance with the -recommendation of Congress, to repeal their laws which prevented the -recovery of British debts.[251] But the State of Virginia, although it -passed such an act, suspended its operation, until the Governor of the -State should issue a proclamation, giving notice that Great Britain had -delivered up the Western posts, and was taking measures for the further -fulfilment of the Treaty, by delivering up the negroes belonging to the -citizens of that State, which had been carried away, or by making -compensation for their value.[252] The two countries were thus brought -to a stand, in their efforts to adjust the matters in dispute, and the -Western posts remained in the occupation of British garrisons, inflaming -the hostile temper of the Indian tribes, and enhancing the difficulty of -settling the vacant lands in the fertile region of the Great Lakes.[253] - -FOOTNOTES: - -[237] Secret Journals of Congress, IV. 186, 187. - -[238] Article IV. - -[239] Article V. - -[240] Article VI. - -[241] See the Report made to Congress on this subject by Mr. Jay, -Secretary of Foreign Affairs, October, 1786. Secret Journals, IV. 209. - -[242] Ibid. - -[243] Resolve of June 24, 1776. Journals, II. 216. Ante, p. 52, note. - -[244] An act passed by the legislature of Massachusetts, November 9, -1784, suspended judgment for interest on British debts, until Congress -should have put a construction upon the Treaty declaring that it was -due. An act of the State of New York, of July 12, 1782, restrained the -collection of debts due to persons within the enemy's lines. -Pennsylvania, soon after the peace, passed a law restraining the levy of -executions. Virginia, at the time of the peace, had existing laws -inhibiting the recovery of British debts. South Carolina had made land a -good payment, in place of money. (See Mr. Jay's Report.) - -[245] Passed March 17, 1783. Secret Journals, IV. 267. - -[246] Passed May 12, 1784, after the Treaty had been ratified. Secret -Journals, IV. 269-274. - -[247] This happened in New York, in a case under the "Trespass Act," -where a suit was brought in the Mayor's Court of the City of New York, -"to recover the rents of property held by the defendant under an order -of Sir Henry Clinton." Hamilton, in the defence of this case, contended, -with great power, that the act was a violation of the Treaty, and the -court sustained his position. But the legislature passed resolves, -declaring the decision to be subversive of law and good order, and -recommending the appointing power "to appoint such persons Mayor and -Recorder of New York as will govern themselves by the known law of the -land." Life of Hamilton, II. 244, 245. - -[248] Mr. John Adams was sent as the first Minister of the United States -to the Court of St. James's in 1785. He received this reply to a -memorial which he addressed to the British government, on the subject of -the Western posts, in February, 1786. Secret Journals, IV. 187. - -[249] Secret Journals, IV. 209. - -[250] March 21, 1787. - -[251] New Hampshire, Massachusetts, Rhode Island, Connecticut, Delaware, -Maryland, Virginia, and North Carolina passed such acts. - -[252] Pitkin's History of the United States, II. 198. - -[253] Marshall's Life of Washington, V. 67, 68. - - - - -CHAPTER III. - -1786-1787. - -NO SECURITY AFFORDED BY THE CONFEDERATION TO THE STATE -GOVERNMENTS.--SHAYS'S REBELLION IN MASSACHUSETTS, AND ITS KINDRED -DISTURBANCES. - - -No federative government can be of great permanent value, which is not -so constructed that it may stand, in some measure, as the common -sovereign of its members, able to protect them against internal -disorders, as well as against external assaults. The Confederation -undertook but one of these great duties. It was formed at a time when -the war with England was the great object of concern to the revolted -Colonies, and when they felt only the exigencies which that war created. -Hence its most important powers, as well as its leading purpose, -concerned the common cause of resistance to a foreign domination. A -federal league of States independent of each other, formed principally -for mutual defence against a common enemy, was all that succeeded to the -general superintending power of the British crown, by which the internal -affairs of each of them had always been regulated and controlled, in the -last resort. When the tie was broken by which they had been held to the -parent state, each of them created for itself a new government, resting -for its basis on the popular will, and deriving its authority directly -from the people; but none of them provided for the creation of a power, -external to itself, which might stand as the guarantor and protector of -their new institutions, and secure the principles on which they rested -against violence and overthrow. Yet the constitutions thus formed, from -their peculiar nature, eminently needed the safeguards which such a -power could afford. - -These constitutions were admirably constructed. They contained -principles imperfectly known to the ancient governments; found in modern -times only in the government of England; and applied there with far less -consistency and completeness. They embraced the regular distribution of -political power into distinct departments; legislative checks and -balances, by means of two coördinate branches of the legislature; a -judiciary in general holding office during good behavior; and the -representation of the people in the legislature, by deputies of their -own actual election, in which the theory of such representation was more -perfectly carried into practice than it had ever been in the country -from which it was derived. But the fundamental principle on which they -all rested, and without which they could not maintain existence, -required means of defence. They were established upon the great -doctrine, that it is the right of every political society to govern -itself, and for the purposes of such self-government, to create such -constitutions and ordain such fundamental laws as its own judgment and -its own intelligent choice may find best suited to its own interests. -But society can act only by an expression of the aggregate will of its -members; and as there may be members who dissent from the views and -determinations of the great mass of society, and it is therefore -necessary to decide with whom the power of compelling obedience -resides,--since there must be obedience in order that there may be -peace,--nature and reason have determined that this power is to reside -with a majority of the members. The American constitutions, therefore, -are founded wholly upon the principle, that a majority expresses the -will of the whole society, and may establish, change, and abrogate forms -of government at its pleasure.[254] It follows, as a necessary deduction -from this fundamental doctrine, that so soon as society has acted in the -formation and establishment of a government, upon this principle, no -change can take place, but by a new expression of the will of society -through the voice of a majority; and whether a majority desires or has -actually decreed a change, is a fact that must be made certain, and can -only be made certain in one of two modes,--either by the evidence and -through the channels which the society has previously ordained for this -purpose, or by the submission of all its members to a violent and -successful revolution. - -The first constitution of Massachusetts did not designate any mode in -which it was to be amended or changed. But no peaceable change can take -place in any government founded on the expressed will of a majority of -the people, consistently with the principle on which it had been -established, until it has been ascertained, in some mode, that a change -is demanded by the same authority. The vital importance of ascertaining -this fact with precision was not so clearly perceived, at that early -period, as it is now. - -Seizing upon the newly established doctrine, which made them the sources -of all political power, the people did not at once apprehend the rule -which preserves and upholds that power, and makes the doctrine itself -both practicable and safe. Hence, when troubles arose, individuals were -led to suppose that they had only to declare a grievance, to demand a -change, and to compel a compliance with their demand by force. So far as -they reasoned at all, they persuaded themselves that, as their -government was the creation of the people, by their own direct act, -bodies of the people could assemble in their primary capacity, and, by -obstructing any of its functions which they connected with a particular -grievance, produce a reform, which the people have always a right to -make. By overlooking, in this manner, the only safe and legitimate mode -in which the popular will can be really ascertained, they passed into -the mischiefs of anarchy and rebellion, mistaking the voices of a -minority for the ascertained will of society. - -To these tendencies, the recently established governments of New -England, where the spirit of liberty was most vigorous, could oppose no -efficient check; while, in any open outbreak, they were without any -external defender, on whose power they could lean. The Confederation -succeeded to the Revolutionary Congress, as we have more than once had -occasion to observe, with less power than its predecessor might have -exercised. It was formed by a written constitution, yet it was, strictly -speaking, scarcely a government. It was a close union of the States; but -it was a union from which all powers had been jealously withheld which -would have enabled it to interfere with vigor and success between an -insurgent minority of the people of a State and its lawful rulers. The -Revolutionary Congress was once possessed of such large, indefinite -powers, that, upon principles of public necessity, it might have -assumed, in a great emergency, to hold a direct relation to the internal -concerns of any Colony. It was, in fact, looked to, in some degree, for -direction in the formation of the State governments, after it had -broken the bonds of colonial allegiance to the English crown; and it -might very properly have undertaken to support the governments whose -establishment it had recommended. But such a relation between the early -States and the continental power, though it certainly existed in 1776, -was soon lost in the independent and jealous attitude which they began -to occupy, and the Union rapidly assumed a position, where the character -of sovereignty which it appeared to wear when it promulgated the -Declaration of Independence was scarcely to be discerned. At no period -in the history of the Confederation did it act upon the internal -concerns or condition of a State. Its written articles of union hardly -admitted of a construction which would have enabled it to do so, and -certainly contained no express delegation of such a power. - -At the same time, some of the State governments, during the period of -which we are treating, were singularly exposed to the dangers of -anarchy. None of them had any standing forces of any consequence, three -years after the peace, and the New England States had no military forces -whatever but their militia. No State could call upon its neighbors for -aid in quelling an insurrection, for their militia would not have obeyed -the summons, if it had been issued; and no State could call upon the -federal government, in such an emergency, with any certainty of success -in the application.[255] - -In such a state of things, the year 1786 witnessed an insurrection in -Massachusetts of a very dangerous character, which, from the fortunate -circumstance that her counsels were then guided by a man of singular -energy and firmness of character, she was just able to subdue. The -remote causes of this insurrection lie too far from the path of our main -subject to be more than summarily stated. - -At the close of the Revolutionary war, the State of Massachusetts was -oppressed with an enormous debt. At the breaking out of that war, the -debt of the Colony was less than one hundred thousand pounds. The -private debt of the State, in the year 1786, was one million three -hundred thousand pounds, besides two hundred and fifty thousand pounds -due to the officers and soldiers of the State line of the Revolutionary -army. The State's proportion of the federal debt was not less than one -million and a half of pounds.[256] According to the customary mode of -taxation, one third of the whole debt was to be paid by the ratable -polls, which scarcely exceeded ninety thousand.[257] The Revolution had -made the people of Massachusetts familiar with the great general -doctrines of liberty and human rights; but it had given them little -insight into the principles of revenue and finance, and little -acquaintance with the rules of public economy. No sufficient means, -therefore, to relieve the people from direct taxation, by encouraging a -revival of trade and at the same time drawing from it a revenue, were -devised by the legislature. The exports of the State, moreover, had -suffered a fearful diminution. The fisheries, which had been a fruitful -source of prosperity to the colony, had been nearly destroyed by the -war, and the markets of the West Indies and of Europe were now closed to -the products of this lucrative industry, by which wealth had formerly -been drawn from the wastes of the ocean. The State had scarcely any -other commodity to exchange for the precious metals in foreign commerce. -Its agriculture yielded only a scanty support to its population, if it -yielded so much; its manufactures were in a languishing condition; and -its carrying trade had been driven from the seas during the war, and -was afterwards annihilated by the oppressive policy of England, which -succeeded the Peace. The people were every year growing poorer than they -had been the year before, and taxes, onerous taxes, beyond their -resources and always odious, were pressing upon them with a constantly -increasing accumulation, from which the political state of the country -seemed to promise no relief.[258] - -But the demand of the tax-gatherer was not the sole burden which -individuals had to encounter. Private debts had accumulated during the -war, in almost as large a ratio as the public obligations. The -collection of such debts had been generally suspended, while the -struggle for political freedom was going on; but that struggle being -over, creditors necessarily became active, and were often obliged to be -severe. Suits were multiplied in the courts of law beyond all former -precedent, and the first effect of this sudden influx of litigation was -to bring popular odium upon the whole machinery of justice. In a state -of society approaching so nearly to a democracy, the class of debtors, -if numerous, must be politically formidable. They had begun to be so -before the close of the war. Their clamors and the supposed necessity of -the case led the legislature, in 1782, to a violation of principle, in a -law known as the Tender Act, by which executions for debt might be -satisfied by certain articles of property, to be taken at an -appraisement. This law was limited in its operation to one year; but in -the course of that year it taught the debtors their strength, and gave -the first signal for an attack upon property. A levelling, licentious -spirit, a restless desire for change, and a disposition to throw down -the barriers of private rights, at length broke forth in conventions, -which first voted themselves to be the people, and then declared their -proceedings to be constitutional. At these assemblies, the doctrine was -publicly broached, that property ought to be common, because all had -aided in saving it from confiscation by the power of England. Taxes were -voted to be unnecessary burdens, the courts of justice to be intolerable -grievances, and the legal profession a nuisance. A revision of the -constitution was demanded, in order to abolish the Senate, reform the -representation in the House, and make all the civil officers of the -government eligible by the people. - -A passive declaration of their grievances did not, however, content the -disaffected citizens of Massachusetts. They proceeded to enforce their -demands. The courts of justice were the nearest objects for attack, as -well as the most immediately connected with the chief objects of their -complaints. Armed mobs surrounded the court-houses in several counties, -and sometimes effectually obstructed the sessions of the courts. These -acts were repeated, until, in the autumn of 1786, the insurrection broke -out in a formidable manner in the western part of the State. The -insurgents actually embodied, and in arms against the government, in the -month of December, in the counties of Worcester and Hampshire, numbered -about fifteen hundred men, and were headed by one Daniel Shays, who had -been a captain in the continental army.[259] - -The executive chair of the State was at that time filled by James -Bowdoin; a statesman, firm, prudent, of high principle, and devoted to -the cause of constitutional order. In the first stages of the -disaffection, he had been thwarted by a House of Representatives, in -which the majority were strongly inclined to sympathize with the general -spirit of the insurgents; but the Senate had supported him. Afterwards, -when the movement grew more dangerous, the legislature became more -reconciled to the use of vigorous means to vindicate the authority of -the government, and a short time before it actually took the form of an -armed and organized rebellion against the Commonwealth, they had -encouraged the Governor to use the powers vested in him by the -constitution to enforce obedience to the laws. The Executive promptly -met the emergency. A body of militia was marched against the insurgents, -and by the middle of February they were dispersed or captured, with but -little loss of life. - -The actual resources of the State, however, to meet an emergency of this -kind, were feeble and few. A voluntary loan, from a few public-spirited -individuals, supplied the necessary funds, of which the treasury of the -State was wholly destitute.[260] At one time, so general was the -prevalence of discontent, even among the militia on whom the government -were obliged to rely, that men were known openly to change sides in the -field, when the first bodies of troops were called out.[261] Had the -government of the State been in the hands of a person less firm and less -careless of popularity than Bowdoin, it would have been given up to -anarchy and civil confusion. The political situation of the country did -not seem to admit of an application to Congress for direct assistance, -and there is no reason to suppose that such an application would have -been effectively answered, if it had been made.[262] - -When the news of the disturbances in Massachusetts, in the autumn of -1786, was received in Congress, it happened that intelligence from the -Western country indicated a hostile disposition on the part of several -Indian tribes against the frontier settlements. A resolve was -unanimously adopted, directing one thousand three hundred and forty -additional troops to be raised, for the term of three years, for the -protection and support of the States bordering on the Western territory -and the settlements on and near the Mississippi, and to secure and -facilitate the surveying and selling of the public lands.[263] From the -fact that the whole of these troops were ordered to be raised by the -four New England States, and one half of them by the State of -Massachusetts, and from other circumstances, it is quite apparent that -the object assigned was an ostensible one, and that Congress intended by -this resolve to strengthen the government of that State and to overawe -the insurgents.[264] But this motive could not be publicly announced. -The enlistment went on very slowly, however, until February, when a -motion was made by Mr. Pinckney of South Carolina to stop it altogether, -upon the ground that the insurrection in Massachusetts, the real, though -not the ostensible, object of the resolve, had been crushed. Mr. King of -Massachusetts earnestly entreated that the federal enlistments might be -permitted to go on, otherwise the greatest alarm would be felt by the -government of the State and its friends, and the insurrection might be -rekindled. Mr. Madison advised that the proposal to rescind the order -for the enlistments should be suspended, to await the course of events -in Massachusetts. At the same time, he admitted that it would be -difficult to reconcile an interference of Congress in the internal -controversies of a State with the tenor of the Articles of -Confederation.[265] The whole subject was postponed, and the direct -question of the power of Congress was not acted upon. In the Convention -which framed the Constitution, it was very early declared, that the -Confederation had neither constitutional power, nor means, to interfere -in case of a rebellion in any State.[266] - -This generation can scarcely depict to itself the alarm which these -disturbances spread through the country, and the extreme peril to which -the whole fabric of society in New England was exposed. The numbers of -the disaffected in Massachusetts amounted to one fifth of the -inhabitants in several of the populous counties. Their doctrines and -purposes were embraced by many young, active, and desperate men in Rhode -Island, Connecticut, and New Hampshire, and the whole of this faction in -the four States was capable of furnishing a body of twelve or fifteen -thousand men, bent on annihilating property, and cancelling all debts, -public and private.[267] - -But this great peril was not without beneficial consequences. It -displayed, at a critical moment, when a project of amending the Federal -Constitution for other purposes was encountering much opposition, a more -dangerous deficiency than any to which the public mind had hitherto been -turned. While thoughtful and considerate men were speculating upon the -causes of diminished prosperity and the general feebleness of the system -of government, a gulf suddenly yawned beneath their feet, threatening -ruin to the whole social fabric. It was but a short time before, that -the people of this country had shed their blood to obtain constitutions -of their own choice and making. Now, they seemed as ready to overturn -them as they had once been to extort from tyranny the power of creating -and erecting them in its place. It was manifest, that to achieve the -independence of a country is but half of the great undertaking of -liberty;--that, after freedom, there must come security, order, the wise -disposal of power, and great institutions on which society may repose in -safety. It was clear, that the Federal Union alone could certainly -uphold the liberty which it had gained for the people of the States, and -that, to enable it to do so, it must become a government.[268] - -From his retreat at Mount Vernon, Washington observed the progress of -these disorders with intense anxiety. To him, they carried the strongest -evidence of a want of energy in the system of the Federal Union. They -did more than all things else to convince him that "a liberal and -energetic constitution, well checked and well watched to prevent -encroachments, might restore us to that degree of respectability and -consequence to which we had the fairest prospect of attaining."[269] He -was kept accurately informed of the state of things in New England, and -the probability that he would be obliged to come forward, and take an -active part in the support of order against civil discord, was directly -intimated to him.[270] He had foreseen the possibility of this; but the -successful issue of the struggle relieved him from the contemplation of -this painful task, and left to him only the duty of giving the whole -weight of his influence and presence in the Convention, which was to -assemble in the following May, for the revision of the Federal -Constitution. - -FOOTNOTES: - -[254] Gibbon, with that graceful satire which knew how to hit two -objects with the same stroke of his pen, describes hereditary monarchy -as "an expedient which deprives the multitude of the dangerous, and -indeed the ideal, power of giving themselves a master." The historian of -the Decline and Fall began to publish his great work, just as the -American Revolution burst upon the world. Since that sentence was -penned, the experiment of a system, by which the multitude give to -themselves a master, in the constitutional organs of their own will, has -had a fair trial. We may not say that its trial is past, or that the -system is established beyond the possibility of further dangers. But we -may with a just pride point to its escape, in the days of its first -establishment and greatest danger, and to the securities which the -Constitution of the United States now affords, against similar perils, -when they threaten the constitutions of the States. - -[255] A power to interfere in the internal concerns of a State would -only have been exercised by a broad construction of the third of the -Articles of Confederation, which was in these words: "The said States -hereby severally enter into a firm league of friendship with each other, -for their common defence, the security of their liberties, and their -mutual and general welfare; binding themselves to assist each other -against all force offered to or attacks made upon them, or any of them, -on account of religion, sovereignty, trade, or any other pretence -whatever." When this is compared with the clear and explicit provision -in the Constitution, by which it is declared that "the United States -shall guarantee to every State in this Union a republican form of -government," there can be no wonder that a doubt was felt in the -Congress of 1786-87 as to their powers upon this subject. It is true -that the Massachusetts delegation, when they laid before Congress the -measures which had been taken by the State government to suppress the -insurrection, expressed the confidence of the legislature that the -firmest support and most effectual aid would have been afforded by the -United States, had it been necessary, and asserted that such support and -aid were expressly and solemnly stipulated by the Articles of -Confederation. (Journals, XII. 20. March 9, 1787.) But this was clearly -not the case; and it was not generally supposed in Congress that the -power existed by implication. All that was done by Congress towards -raising troops, at the time of the insurrection, was done for the -_ostensible_ purpose of protecting the frontiers against an Indian -invasion, as we shall see hereafter. - -[256] Minot's History of the Insurrection, p. 6. - -[257] Ibid. - -[258] See the next chapter for some particulars respecting the trade of -Massachusetts. - -[259] Minot's History of the Insurrection, p. 82 et seq. - -[260] Governor Bowdoin's Speech to the Legislature, February 3, 1787. - -[261] Minot. - -[262] In the spring of 1786, the State had asked the loan from Congress -of sixty pieces of field artillery. The application was refused, by the -negative vote of six States out of eight, one being divided, and the -delegation from Massachusetts alone supporting it. Journals, XI. 65-67. -April 19, 1786. - -[263] Journals, XI. 258. October 30, 1786. - -[264] It was well understood, for instance, in the legislature of -Virginia, that this was the real purpose; for Mr. Madison says that this -consideration inspired the ardor with which they voted, towards their -quota of the funds called for to defray the expenses of this levy, a tax -on tobacco, which would scarcely have been granted for any other -purpose, as its operation was very unequal. Elliot's Debates, V. 95. -February 19, 1787. - -[265] Ibid. - -[266] Ibid. 127. - -[267] This was the estimate of their numbers formed by General Knox, on -careful inquiry, and by him given to General Washington. See a letter -from General Washington to Mr. Madison. Works, IX. 207. - -[268] Washington, writing to Henry Lee in Congress, October 31, 1786, -says: "You talk, my good sir, of employing influence to appease the -present tumults in Massachusetts. I know not where that influence is to -be found, or, if attainable, that it would be a proper remedy for the -disorders. _Influence_ is not _government_. Let us have a government by -which our lives, liberties, and properties will be secured, or let us -know the worst at once." Works, IX. 204. - -[269] Ibid. 208. - -[270] Ibid. 221. - - - - -CHAPTER IV. - -ORIGIN AND NECESSITY OF THE POWER TO REGULATE COMMERCE. - - -Among all the causes which led to the establishment of the Constitution -of the United States, there is none more important, and none that is -less appreciated at the present day, than the inability of the -Confederation to manage the foreign commerce of the country. We have -seen that, when the Articles of Confederation were proposed for adoption -by the States, the State of New Jersey remonstrated against the absence -of all provision for placing the foreign trade of the States under the -regulation of the federal government. But this remonstrance was without -effect, and the instrument went into operation in 1781, with no other -restriction upon the powers of the States to regulate trade according to -their pleasure, than a prohibition against levying imposts or duties -which would interfere with the treaties then proposed. While the war -continued, the subject was of comparatively little importance. But the -return of peace found this country capable of becoming a great -commercial, as well as agricultural nation; and it could not be -overlooked, that its government possessed very inadequate means for -establishing such relations with foreign powers as would best develop -its resources and conduce to its internal harmony and prosperity. How -early this great interest had attracted the attention of those who were -most capable of enlarged and statesmanlike views of the actual nature of -the Union and the wants of the States, there are perhaps as yet before -the world no sufficient means of determining. We know, however, that, -before the peace, Hamilton saw clearly that it was essential for the -United States to be vested with a general superintendence of trade, both -for purposes of revenue and regulation; that he foresaw the -encouragement of our own products and manufactures, by means of general -prohibitions of particular articles and a judicious arrangement of -duties, and that this could only be effected by a central authority; and -that the due observance of any commercial treaty which the United States -might make with a foreign power could not be expected, if the different -States retained the regulation of their own trade, and thus held the -practical construction of treaties in their own hands.[271] - -But it does not appear that, among the other principal statesmen of the -Revolution, these ideas had made much progress, until the entire -incapacity of the Confederation to negotiate advantageous commercial -treaties, for want of adequate power to enforce them, had displayed the -actual weakness of its position, and the oppressive measures of other -countries had taught them that there was but one remedy for such evils. -Then, indeed, they saw that the United States could have a standing as a -commercial power among the other powers of the world, only when their -representatives could be received and dealt with as the representatives -of one, and not of thirteen sovereignties; and that, if the measures of -other countries, injurious to the trade of America, were to be -counteracted at all, it must be by a power that could prohibit access to -all the States alike, or grant it as to all, as circumstances might -require.[272] - -The actual commercial relations of the United States with other -countries, when the peace took place, were confined to treaties of amity -and commerce with France, Sweden, and the Netherlands; the two latter -transcending, in some degree, the powers of the Confederation. In 1776, -the Revolutionary Congress had adopted a plan of treaties to be proposed -to France and Spain, which contemplated that the subjects of each -country should pay no duties in the other except such as were paid by -natives, and should have the same rights and privileges as natives in -respect to navigation and commerce.[273] When a treaty of amity and -commerce came to be concluded with France, in 1778, the footing on which -the subjects of the two countries were placed, in the dominions of each -other, was that of the most favored nations, instead of that of -natives.[274] The Articles of Confederation, proposed in 1777, and -finally ratified in March, 1781, reserved to the States the right of -levying duties and imposts, excepting only such as would interfere with -any treaties that might be made "pursuant to the treaties proposed to -France and Spain." The United States could therefore constitutionally -complete these two treaties, and such as were dependent upon them, but -no others which should have the effect of restraining the legislatures -of the States from prohibiting the exportation or importation of any -species of goods or merchandise, or laying whatever duties or imposts -they thought proper.[275] - -In 1782, negotiations were entered into for a similar treaty with the -States General of the Netherlands. When the instructions to Mr. Adams to -negotiate this treaty were under consideration in Congress, it was -recollected that the French treaty contained a stipulation, the effect -of which would enable the heirs of the subjects of either party, dying -in the territories of the other, to inherit real property, without -obtaining letters of naturalization.[276] The doubt suggested -itself,--as it well might,--whether such an indefinite license to aliens -to possess real property within the United States, was not an -encroachment upon the rights of the States. It seems to have been -expected, when the French treaty was entered into, that the States would -acquiesce in this provision, on account of the peculiar relations of -this country to France, and because of the saving clause in the -Articles of Confederation in favor of the treaties to be made with that -power and with Spain.[277] But such a stipulation as this was clearly -not within the meaning of that clause; and it was received with great -repugnance by many of the States.[278] In the treaty with the -Netherlands, it was proposed to insert a similar provision; but it was -found to be extremely improbable that the States would comply with a -similar engagement with another power. The language was therefore -varied, so as to give the privilege of inheritance only as to the -"effects" of persons dying in the country;--an expression which would -probably exclude real property, but which might possibly be construed to -include it.[279] - -With regard to duties and imposts, the Dutch treaty contained the same -stipulation as the French, putting the subjects of either power on the -footing of the most favored nations, and thereby holding out to the -subjects of the United Provinces the promise of an equality, under the -laws of the United States, with the subjects of France.[280] The same -stipulation was inserted in a treaty subsequently made at Paris with the -King of Sweden.[281] - -If these stipulations were supposed or intended to be binding upon the -States, so as to restrain them from adopting, within their respective -jurisdictions, any other rule than that fixed by the French treaty, for -the subjects of the United Provinces and the King of Sweden, it is quite -clear that the Articles of Confederation gave no authority to Congress -to make them. They could have no effect, therefore, in producing a -uniformity of regulation throughout the United States, with regard to -the trade with Sweden and the Netherlands. - -The relations of the United States with Great Britain were, however, -far more important, than their relations with Sweden or Holland. When -the war was drawing to a close, and the provisional articles of peace -had been agreed upon, a measure was in preparation in England, under -the auspices of Mr. Pitt, designed as a temporary arrangement of -commercial intercourse between Great Britain and the United States, -and which would have enabled the government of this country to have -formed a treaty so advantageous, that the States would doubtless have -conformed their legislation to its provisions. That great statesman -perceived, that it was extremely desirable to establish the -intercourse of the two countries on the most enlarged principles of -reciprocal benefit, and his purpose was, by a provisional arrangement, -to evince the disposition of England to be on terms of amity with the -United States, preparatory to the negotiation of a treaty.[282] But -the administration, in which he was then Chancellor of the Exchequer, -went out of office immediately after he had proposed this measure, and -their successors, following a totally different line of policy, -procured an act of Parliament authorizing the King in Council to -regulate the commercial intercourse between the United States and -Great Britain and her dependencies.[283] - -Mr. Pitt's bill was designed to admit the vessels and subjects of the -United States into all the ports of Great Britain, in the same manner as -the subjects and vessels of other independent sovereign states, and to -admit merchandise and goods, the growth, produce, or manufacture of this -country, under the same duties and charges as if they were the property -of British subjects, imported in British vessels. It also proposed to -establish an entirely free trade between the United States and the -British islands, colonies, and plantations in America. The new -administration, on the contrary, believing that this would encourage the -American marine, to the ruin of that of Great Britain, and would deprive -the latter of a monopoly in the consumption of her colonies, and in -their carrying trade, resolved to reverse this entire policy. In this -course, they were encouraged by the views which they took of the -internal situation of this country, and which were, to a great extent, -justified by the fact. They believed that we could not act, as a nation, -upon questions of commerce; that the climates, the staples, and the -manners of the States were different, and their interests therefore -opposite; and that no combination was likely to take place, from which -England would have reason to fear retaliation. They supposed, that, -inasmuch as the Confederation had no power to make any but general -treaties, and as the States had reserved to themselves nearly every -power concerning the regulation of trade, no treaty could be made that -would be binding upon all the States; and that, if treaties should -become necessary, they must be made with the States respectively. But -they denied that treaties were necessary, and maintained that it would -be unwise to enter at present into any arrangements by which they might -not wish afterwards to be bound. They determined, therefore, to deal -with this country as a collection of rival States, with each of which -they could make their own terms, after the pressure of their policy, and -the impossibility of escaping from its effects, had begun to be felt. -They accordingly began, by excluding from the British West Indies, under -Orders in Council, the whole American marine, and by prohibiting fish, -and many important articles of our produce, from being carried there, -even in British vessels.[284] - -At the termination of the war, the foreign commerce of the United States -was capable of great expansion. - -It consisted of three important branches,--the trade of the Eastern, -that of the Middle, and that of the Southern States; each of which -required at once the means of reaching foreign markets. The rice and -indigo of the South might be carried to Europe. The Middle States might -export to Europe tobacco, tar, wheat, and flour; and to the West Indies, -pork, beef, bread, flour, lumber, tar, and iron. The Eastern States -might supply the markets of Europe with spars, ship-timber, staves, -boards, fish, and oil, and those of the West Indies with lumber, pork, -beef, live cattle, horses, cider, and fish. The whole of these great -interests of course received a sudden and almost fatal blow from the -English Orders in Council, and no means whatever existed of -countervailing their effects, but such as each State could provide for -its own people, by its own legislation. - -Congress, however, awoke to the perception of an efficient and -appropriate remedy, of a temporary character, and prepared to apply it, -through an amendment of their powers. For the purpose of meeting the -policy of Great Britain with similar restrictions on her commerce, they -recommended to the States to vest in Congress, for the term of fifteen -years, authority to prohibit the vessels of any power, not having -treaties of commerce with the United States, from importing or exporting -any commodities into or from any of the States, and also with the power -of prohibiting, for a like term, the subjects of any foreign country, -unless authorized by treaty, from importing into the United States any -merchandise not the produce or manufacture of such country.[285] There -was already before the States, as we have seen, in the revenue system of -1783, a proposal to them to vest in Congress power to levy certain -duties on foreign commodities, for the same period; and if these two -grants of power had been made, and made promptly, by the States, -Congress would have possessed, for a time, an effectual control over -commerce, and the practical means of forming suitable commercial -treaties. - -But the proposal of the 30th of April, 1784, met with a tardy and -reluctant attention among the States. Only one of them had acted upon -it, as late as the following February, when the delegates for Maryland -laid before Congress an act of that State upon the subject.[286] New -Hampshire was the next State to comply, in the succeeding June.[287] In -the mean time, however, Congress prepared to prosecute negotiations in -Europe, trusting to the chances of an enlargement of their powers, in -pursuance of their recommendation. Accordingly, they proceeded, in the -spring of 1784, to appoint a commission to negotiate commercial -treaties, and settled the principles on which such treaties were to be -formed. The leading principle then determined on was, that each party to -the treaty should have a right to carry their own produce, manufactures, -and merchandise in their own bottoms to the ports of the other, and to -take thence the produce, manufactures, and merchandise of the other, -paying, in both cases, such duties only as were paid by the most favored -nation. The resolves appointing the commission also contained a very -explicit direction, that "the United States, in all such treaties, and -in every case arising under them, should be considered as one nation, -upon the principles of the Federal Constitution."[288] Yet the Federal -Constitution did not, at that very moment, make the United States one -nation for this purpose. Its principles gave to Congress no authority -which could prevent the States from prohibiting any exportations or -importations whatever, as to their respective territories; and the -validity of these treaties, thus proposed to be negotiated with fifteen -European powers, depended altogether upon the precarious assent of the -thirteen States to the alterations in the principles of the Federal -Constitution which Congress had proposed. - -That assent was not likely to be given, so as to become effectual for -the purposes for which it had been asked. The action of the States was -found, in the spring of 1786, to present a mass of incongruities, which -rendered the whole scheme of thus increasing the federal powers almost -hopeless. Four of the States had passed laws, conforming substantially -to the recommendations of Congress, but restraining their operation -until the other States should have complied.[289] Three of the States -had passed the requisite acts, and had fixed different periods at which -they were to take effect.[290] One State had granted full powers to -regulate its trade, by restrictions or duties, for fifteen years, with a -proviso that the law should be suspended until all the other States had -done the same.[291] Another State had granted power, for twenty-five -years, to regulate trade between the respective States, and to prohibit -or regulate the importation only of foreign goods in foreign vessels, -but restricting the operation of the act until the other States had -passed similar laws.[292] Still another State had granted powers like -the last, but without limitation of time, and with the proviso that, -when all the other States had made the same grants, it should become an -Article of the Confederation.[293] The three remaining States had passed -no act upon the subject.[294] Upon these conflicting and irreconcilable -provisions, Congress could take no other action, than to call the -attention of the States again to the original proposal, and request them -to revise their laws.[295] - -While this discordant legislation was manifesting at home the entire -impracticability of amending the Federal Constitution by means of the -separate action of the State legislatures, the commissioners abroad were -engaged in efforts, nearly as fruitless, to negotiate the treaties which -they had been instructed to make. The commission was opened at Paris on -the 13th of August, 1784, and its objects announced to the different -governments. France was not disposed to change the existing relations. -England perceived the real want of power in the federal government, and -recognized nothing in the commission but the fact that it had been -issued by Congress, while the separate States had conferred no powers -upon either Congress or the commissioners.[296] Prussia alone entered -into a treaty, upon some of the principles laid down in the commission, -and soon after it was executed, the commissioners ceased to do any thing -whatever.[297] - -During the period which elapsed from the Treaty of Peace with England to -the assembling of the Convention at Annapolis, the legislation of the -different States, designed to protect themselves against the policy of -England, was of course without system or concert, and without uniformity -of regulation. At one time duties were made extravagantly high; at -another, competition reduced them below the point at which any -considerable revenue could be derived. At one time, the States acted in -open hostility to each other; at another, they contemplated commercial -leagues, without regard to the prohibition contained in the Articles of -Confederation. No steady system was pursued by any of them, and the -inefficacy of State legislation became at length so apparent, that a -conviction of the necessity of new powers in Congress forced itself upon -the public mind. - -FOOTNOTES: - -[271] Life of Hamilton, II. 233, 234. See also his resolutions on the -defects of the federal government, intended to be offered in Congress in -1783, and especially the eighth resolution. Works of Hamilton, II. 269. - -[272] Hamilton himself, in some papers which he published in 1781, under -the title of The Continentalist, gave the general sum of American -statesmanship and its opportunities, down to that period. The events of -the next seven years gave it a wonderful development. "It would be the -extreme of vanity in us," said he, "not to be sensible that we began -this revolution with very vague and confined notions of the practical -business of government. To the greater part of us, it was a novelty; of -those who under the former constitution had had opportunities of -acquiring experience, a large proportion adhered to the opposite side, -and the remainder can only be supposed to have possessed ideas adapted -to the narrow colonial sphere in which they had been accustomed to move, -not of that enlarged kind suited to the government of an independent -nation. There were, no doubt, exceptions to these observations;--men in -all respects qualified for conducting the public affairs with skill and -advantage;--but their number was small; they were not always brought -forward in our councils; and when they were, their influence was too -commonly borne down by the prevailing torrent of ignorance and -prejudice. On a retrospect, however, of our transactions, under the -disadvantages with which we commenced, it is perhaps more to be wondered -at, that we have done so well, than that we have not done better. There -are, indeed, some traits in our conduct, as conspicuous for sound policy -as others for magnanimity. But, on the other hand, it must also be -confessed, there have been many false steps, many chimerical projects -and Utopian speculations, in the management of our civil as well as of -our military affairs. A part of these were the natural effects of the -spirit of the times, dictated by our situation. An extreme jealousy of -power is the attendant on all popular revolutions, and has seldom been -without its evils. It is to this source we are to trace many of the -fatal mistakes, which have so deeply endangered the common cause; -particularly that defect which will be the object of these remarks,--a -want of power in Congress." Works, II. 186. - -[273] Secret Journals, II. 7, 8. - -[274] Ibid. 59. - -[275] Articles of Confederation, Art. VI., IX. The expression in the -_sixth_ article was: "No State shall lay any imposts, &c. that shall -interfere with any stipulations in treaties entered into by the United -States with any king, prince, or state, _in pursuance of_ any treaties -already proposed by Congress to the court of France and Spain." The -_ninth_ article saved to the States the general power of levying duties -and laying prohibitions. - -[276] Secret Journals, II. 65, 66. Art. XIII of the Treaty of Amity and -Commerce with France. The expression employed was, "goods movable and -immovable," and the right of succession was given, _ab intestato_, -without first obtaining letters of naturalization. - -[277] See a report on this _projet_ of the treaty, made by Mr. Madison, -July 17, 1782. Secret Journals, II. 142-144. - -[278] Ibid. - -[279] Art. VI. of the Treaty of Amity and Commerce with the Netherlands, -executed by Mr. Adams at the Hague, October 8, 1782. Journals, VIII. 96. - -[280] Ibid., Art. II., III. - -[281] April 3, 1783. Journals, VIII. 386-398. - -[282] Mr. Pitt's bill was brought in in March, 1783, and he went out of -office immediately afterwards. - -[283] April, 1783. - -[284] July, 1783. Their idea was, that, if the American States should -choose to send consuls, they should be received, and consuls sent to -them in return that each State would soon enter into all necessary -regulations with the consul, and that nothing more was necessary. See -Lord Sheffield's Observations on American Commerce. - -[285] April 30, 1784. - -[286] February 14, 1785. Journals, X. 53. - -[287] By an act passed June 22-23, 1785; laid before Congress October -10, 1785. Ibid. 353. - -[288] The commission consisted of Mr. John Adams, then at the Hague, Dr. -Franklin, then in France, and Mr. Jefferson, then in Congress. Mr. -Jefferson sailed from Boston on the 5th of July, and arrived in Paris on -the 6th of August, 1784. (Works, I. 49.) The powers with whom they were -to negotiate commercial treaties were Russia, Austria, Prussia, Denmark, -Saxony, Hamburg, Great Britain, Spain, Portugal, Genoa, Tuscany, Rome, -Naples, Venice, Sardinia, and the Ottoman Porte. Secret Journals, III. -484-489. May 7, 1784. - -[289] Massachusetts, New York, New Jersey, and Virginia. - -[290] Connecticut, Pennsylvania, and Maryland. - -[291] New Hampshire. - -[292] Rhode Island. - -[293] North Carolina. - -[294] Delaware, South Carolina, and Georgia. - -[295] See a report made in Congress, March 3, 1786. Journals, XI. 41. - -[296] The Duke of Dorset, the English Ambassador at Paris, wrote to the -commissioners (March 26, 1785) as follows: "Having communicated to my -court the readiness you expressed in your letter to me of the 9th of -December to remove to London, for the purpose of treating upon such -points as may materially concern the interests, both political and -commercial, of Great Britain and America; and having at the same time -represented that you declared yourselves to be fully authorized and -empowered to negotiate, I have been, in answer thereto, instructed to -learn from you, gentlemen, what is the real nature of the powers with -which you are invested,--whether you are merely commissioned by -Congress, or whether you have received separate powers from the -respective States. A committee of North American merchants have waited -upon his Majesty's principal Secretary of State for Foreign Affairs, to -express how anxiously they wished to be informed upon this subject; -repeated experience having taught them in particular, as well as the -public in general, how little the authority of Congress could avail in -any respect, where the interest of any one individual State was even -concerned, and particularly so where the concerns of that State might be -supposed to militate against such resolutions as Congress might think -proper to adopt. The apparent determination of the respective States to -regulate their own separate interests renders it absolutely necessary, -towards forming a permanent system of commerce, that my court should be -informed how far the commissioners can be duly authorized to enter into -any engagements with Great Britain, which it may not be in the power of -any one of the States to render totally fruitless and ineffectual." -Diplomatic Correspondence, II. 297. - -[297] Jefferson's Works, I. 50, 51. The whole proceedings of this -commission may be found in the Diplomatic Correspondence, II. 193-346. - - - - -CHAPTER V. - -1783-1787. - -THE PUBLIC LANDS.--GOVERNMENT OF THE NORTHWESTERN TERRITORY.--THREATENED -LOSS OF THE WESTERN SETTLEMENTS. - - -The Confederation, although preceded by a cession of Western territory -from the State of New York for the use of the United States, contained -no grant of power to Congress to hold, manage, or dispose of such -property. There had been, while the Articles of Confederation were under -discussion in Congress, a proposal to insert a provision, giving to -Congress the sole and exclusive right and power to ascertain and fix the -western boundary of such States as claimed to the Mississippi or the -South Sea, and to lay out the land beyond the boundary so ascertained -into separate and independent States, from time to time, as the numbers -and circumstances of the inhabitants might require.[298] This proposal -was negatived by the vote of every State except Maryland and New -Jersey.[299] Its rejection caused the adoption of the Confederation to -be postponed for a period of more than two years after it was submitted -to the States.[300] Virginia had set up claims to an indefinite extent -of territory, stretching far into the Western wilderness, which were -looked upon with especial jealousy by Maryland; and when the Articles of -Confederation came before the legislature of that State for -consideration, the absence of any provision vesting in the Union any -control over these claims, or any power to ascertain and fix the western -boundaries of the great States, became at once a cause of irritation and -alarm. The steps taken by Maryland to have this power introduced into -the Articles have already been detailed.[301] But the Articles could not -be amended. Congress could only make efforts to remove this impediment -to their adoption, by recommending to the States to cede their -territorial claims to the Union. The first step which they took, for -this purpose, was to recommend to the State of Virginia, and all the -other States similarly situated, not to make sales of unappropriated -lands during the continuance of the war.[302] This was followed by a -full consideration of the subject presented by the objections of -Maryland and the remonstrance of Virginia. Declining to reopen the -question of the merits or policy of attempting to engraft the proposed -power upon the Confederation, Congress deemed it more advisable to -endeavor to procure a surrender of a portion of the territorial claims -of the several States.[303] In pressing a recommendation to this effect, -they were greatly aided by the course of the State of New York, which -had already authorized its delegates in Congress to limit its western -boundaries, and to cede a portion of its vacant lands to the United -States.[304] They then immediately declared, by resolve, the purposes -for which such cessions were to be held. The territories were to be -disposed of for the common benefit of the United States; to be settled -and formed into distinct republican States, which should become members -of the Federal Union, and have the same rights of sovereignty, freedom, -and independence as the other States. Each State so formed was to -contain a suitable extent of territory, not less than one hundred, nor -more than one hundred and fifty miles square; the necessary expenses -incurred by any State in acquiring the territory ceded, were to be -reimbursed; and the lands were to be granted or settled at such times, -and under such regulations, as should thereafter be agreed upon by the -United States in Congress assembled, or any nine or more of them.[305] - -The cessions were made under the guaranties of this resolve. Strictly -speaking, there was no express constitutional power under which Congress -could thus act, either before or after the adoption of the Articles of -Confederation. Before that period, if the United States could acquire -and hold lands, for any purpose, it could only be by the common -attribute of sovereignty belonging to every government. Perhaps this -power existed, by implication, in the revolutionary government; but the -compact which was to constitute the new government contained no -authority for the establishment of new States within the limits of the -Union. But when, aside from the Articles of Confederation, and before -they had been adopted, the Revolutionary Congress undertook, in 1780, to -hold out these inducements to the States, as motives for their adoption -of that instrument, and these motives were acted upon and the cessions -made, it must be taken that the territory came rightfully into the -possession of the United States. Whether the adoption of the Articles, -containing no power for the government of such territories, or for the -admission of new States into the Union, did not place the new government -in a position where, if it acted at all, it would act beyond the scope -of its constitutional authority, certainly admitted of grave -question.[306] But the acquisition of the territory itself rested upon -acts, which were so directly and expressly connected with the -establishment of the new Union under the Confederation, as to make the -acquisition itself part of the fundamental conditions of that Union, and -the principal guaranty of its continuance. Among the declared purposes -for which these acquisitions were made, was that of forming them into -new States, to be admitted into the Union; and as all the States -acquiesced in and embraced this purpose, they may be said to have -conferred upon Congress an implied power to legislate to carry it into -effect. Still, the want of an express authority in the Articles thus to -deal with acquired territory was afterwards felt and insisted upon, as -the Confederation drew towards the close of its career.[307] - -Virginia, in 1781, offered to make a cession to the United States of her -title to lands northwest of the Ohio, upon certain conditions, which -were not satisfactory, and the subject had not been acted upon in -Congress when the revenue system of 1783 was adopted for recommendation -to the States. Looking to the prospect of vacant lands, as a means of -hastening the extinguishment of the public debts, as well as of -establishing the harmony of the Union, Congress accompanied the -recommendation of the revenue system by new solicitations to the States -which had made no cessions of their public lands, or had made them in -part only, to comply fully with the former recommendations. This drew -from the State of New Jersey, apprehensive that the offer of Virginia -might be accepted, a remonstrance against the cession proposed by that -State, as partial, unjust, and illiberal.[308] Congress again took the -subject into consideration, examined the conditions which the -legislature of Virginia had annexed to their proposed grant, declared -some of them inadmissible, and stated the conditions on which the -cession could be received.[309] Virginia complied with the terms -proposed by Congress, and upon those terms ceded to the United States -all right, title, and claim, both of soil and jurisdiction, which the -State then had to the territory within the limits of its charter, lying -to the northwest of the river Ohio. That magnificent region, in which -now lie the powerful States of Ohio, Indiana, Illinois, Michigan, and -Wisconsin, became the property of the United States, by a grant of -twenty lines, executed in Congress by Thomas Jefferson and three of his -colleagues, on the 1st day of March, 1784.[310] - -Soon after this cession had been completed, Congress passed a resolve -for the regulation of the territory that had been or might be ceded to -the United States, for the establishment of temporary and permanent -governments by the settlers, and for the admission of the new States -thus formed into the Union.[311] This resolve provided, that the -territory which had been or might be ceded to the United States, after -the extinguishment of the Indian title, and when offered for sale by -Congress, should be divided into separate States, in a manner specified; -that the settlers on such territory, either on their own petition or on -the order of Congress, should receive authority to form a temporary -government; and that when there should be twenty thousand free -inhabitants within the limits of any of the States thus designated, they -should receive authority to call a convention of representatives to -establish a permanent constitution and government for themselves, -provided that both the temporary and permanent governments should be -established on these principles, as their basis:--1. That they should -for ever remain a part of the Confederacy of the United States of -America. 2. That they should be subject to the Articles of Confederation -and the acts and ordinances of Congress, like the original parties to -that instrument. 3. That they should in no case interfere with the -disposal of the soil by Congress. 4. That they should be subject to pay -a part of the federal debts, present and prospective, in the same -measure of apportionment with the other States. 5. That they should -impose no tax upon lands, the property of the United States. 6. That -their respective governments should be republican. 7. That the lands of -non-resident proprietors should not be taxed higher than those of -residents, in any new State, before its delegates had been admitted to -vote in Congress. - -The resolve also contained a provision, which appears to have been -designed to meet the want of constitutional power, under the Articles of -Confederation, relative to the admission of new States. It was declared, -that whenever any of the States thus formed should have as many free -inhabitants as the least numerous of the thirteen original States, it -should be admitted by its delegates into Congress on an equal footing -with the original States, provided the assent of so many States in -Congress should be first obtained, as might at the time be competent to -such admission. It was further declared, that, in order to adapt the -Articles of Confederation to the condition of Congress when it should be -thus increased, it should be proposed to the original States, parties to -that instrument, to change the rule, which required a vote of nine -States, to a vote of two thirds of all the States in Congress; and that -when this change had been agreed upon, it should be binding upon the new -States. - -After the establishment of a temporary government, and before its -admission into the Union, each of the new States was to have the right -to keep a member in Congress, with the privilege of debating, but not of -voting. It was also provided, that measures not inconsistent with the -principles of the Confederation, and necessary for the preservation of -peace and good order among the settlers in any of the said new States, -until they had assumed a temporary government, might, from time to time, -be taken by the United States in Congress assembled. - -These provisions were to stand as a charter of compact and as -fundamental constitutions between the thirteen original States and each -of the new States thus described, unalterable from and after the sale of -any part of the territory of such State, but by the joint consent of the -United States in Congress assembled, and of the particular State to be -affected.[312] - -New and urgent recommendations followed the passage of this resolve, -pressing the States to consider that the war was now happily brought to -a close, by the services of the army, the supplies of property by -citizens, and loans of money by citizens and foreigners, constituting a -body of creditors who had a right to expect indemnification, and that -the vacant territory was an important resource for this great -object.[313] - -The subject does not seem to have again occupied the attention of -Congress until the spring of the following year, when a proposition was -introduced and committed, to exclude slavery and involuntary servitude, -otherwise than in punishment of crimes, from the States described in the -resolve of April 23d, 1784, and to make this provision part of the -compact established by that resolve.[314] - -Soon afterwards, a cession was made by Massachusetts of all its right -and title, both of soil and jurisdiction, to the Western territory lying -within the limits of the charter of that State.[315] In the succeeding -month, Congress adopted an ordinance for ascertaining the mode of -disposing of the Western lands to settlers.[316] In the course of the -next year, the cession by Connecticut was made, after various -negotiations, with a reservation to that State of the property in a -considerable tract of country, since called the Connecticut Reserve, -lying to the south of Lake Erie, and now embraced within the State of -Ohio.[317] - -Before this transaction had been completed, it had become manifest, from -the knowledge that had been obtained of the country northwest of the -Ohio, that it would be extremely inconvenient to lay it out into States -of the extent and dimensions described in the resolve of October 10, -1780, under which the cession of Virginia had been made; and the -legislature of that State were accordingly asked to modify their act of -cession, so as to enable Congress to lay out the territory into not more -than five nor less than three States, as the situation and circumstances -of the country might require.[318] This suggestion was complied -with.[319] - -A cession by South Carolina then followed, of all its claim to lands -lying towards the river Mississippi;[320] but no other cessions were -made to the United States under the Confederation; those of Georgia and -North Carolina having been made after the adoption of the -Constitution.[321] - -It appears, therefore, that, with the exception of the claims of South -Carolina to territory lying due west from that State towards the river -Mississippi, the United States, before the 13th of July, 1787, had -become possessed of the title to no other territory than that which had -been surrendered to them by the States of New York, Virginia, -Massachusetts, and Connecticut. The great mass of this territory was -that embraced within the cession of Virginia, and lying to the northwest -of the river Ohio; and after the whole title to this region, with the -exception of some reserved tracts, had become complete in the United -States, it was subject to the resolves of 1780 and of 1784. The -provisions of the resolve of 1784, however, were soon seen to be -inconvenient and inapplicable to the pressing wants of this region. -Immediate legislation was plainly demanded for this territory, which -could not wait the slow process of forming first temporary and then -permanent governments, as had been contemplated by that resolve. -Congress had had cast upon it the administration of an empire, exterior -to the Confederation, and rapidly filling with people, in which the -rights and tenure of property, the preservation of order and -tranquillity, and the shaping of its political and social destinies, -required instant legislation. This legislation was therefore provided in -the celebrated Ordinance for the Government of the Northwestern -Territory, enacted July 13, 1787, which was designed to supersede and in -terms directly repealed the resolve of 1784. As this fundamental law for -a new and unsettled country--at that time a novel undertaking--must -always be regarded with interest in every part of the world, and as it -lies at the foundation of the civil polity of a sixth part of these -United States, its principles and provisions should be carefully -examined. - -The territory was, for the purposes of temporary government, constituted -one district, subject to be divided into two, as future circumstances -might require. An equal distribution of property among the children of -persons dying intestate, with a life estate to the widow in one third of -the real and personal estate, was made the law of the territory, until -it should be altered by its legislature. Persons of full age were -empowered to dispose of their estates by a written will, executed in the -presence of three witnesses. Real estates were authorized to be conveyed -by deed, executed by a person of full age, acknowledged and attested by -two witnesses. Both wills and deeds were required to be registered. -Personal property was transferable by delivery. - -The civil government of the territory was to consist of executive, -legislative, and judicial branches. A Governor was to be appointed from -time to time by Congress, and to be commissioned for three years, -subject to removal; but he was to reside in the district, and to have a -freehold estate there in one thousand acres of land, while in the -exercise of his office. A Secretary was also to be appointed from time -to time by Congress, and to be commissioned for four years, subject to -removal, but to reside in the district, and to have a freehold estate -there in five hundred acres of land, while in the exercise of his -office. There was also to be appointed a court of common law -jurisdiction, to consist of three judges, any two of whom should form a -court; they were to reside in the district, and to have each a freehold -estate there in five hundred acres of land, while in the exercise of -their office; their commissions to continue in force during good -behavior. - -The Governor and Judges, or a majority of them, were to adopt and -publish in the district such laws of the original States, criminal and -civil, as might be necessary and best suited to the circumstances of the -district, to be in force in the district until the organization of the -General Assembly, unless disapproved by Congress, to whom, from time to -time, they should be reported;--but the legislature, when constituted, -were to have authority to alter them as they should think fit. - -Magistrates and other civil officers were to be appointed by the -Governor, previous to the organization of the General Assembly, for the -preservation of peace and good order. After the organization of the -General Assembly, the powers and duties of magistrates and other civil -officers were to be regulated and defined by the legislature, but their -appointment was to remain with the Governor. - -For the prevention of crimes and injuries, the laws to be adopted or -made were to have force in all parts of the district, and for the -execution of process, criminal and civil, the Governor was to make -proper divisions of the territory, and to lay out the portions where the -Indian titles had been extinguished, from time to time, into counties -and townships, subject to future alteration by the legislature. - -As soon as there should be five thousand free male inhabitants, of full -age, in the district, upon giving proof thereof to the Governor, they -were to receive authority to elect representatives from their counties -or townships, to represent them in the General Assembly. For every five -hundred male inhabitants, there was to be one representative; and so on -progressively the right of representation was to increase, until the -number of representatives should amount to twenty-five, after which -their numbers and proportions were to be regulated by the legislature. -The qualifications of a representative were to be previous citizenship -in one of the United States for three years, and residence in the -district, or a residence of three years in the district, with a -fee-simple estate, in either case, of two hundred acres of land within -the district. The qualifications of electors were to be a freehold in -fifty acres of land in the district, previous citizenship in one of the -United States, and residence in the district, or the like freehold and -two years' residence in the district. - -The Ordinance then proceeded to state certain fundamental articles of -compact between the original States and the people and States in the -territory, which were to remain unalterable, except by common consent. -The first provided for freedom of religious opinion and worship. The -second provided for the right to the writ of _habeas corpus_; for trial -by jury; for a proportionate representation in the legislature; for -judicial proceedings according to the course of the common law; for -offences not capital being bailable; for fines being moderate, and -punishments not cruel nor unusual; for no man's being deprived of his -liberty or property, but by the judgment of his peers or the law of the -land; for full compensation for property taken or services demanded for -the public; and that no law should ever be made, or have force in the -territory, that should in any manner whatever interfere with or affect -private contracts or engagements, previously formed, _bona fide_ and -without fraud. The third provided for the encouragement of religion and -education, for schools, and for good faith towards the rights and -property of the Indian tribes. The fourth provided that the territory -and the States to be formed therein should for ever remain a part of the -Confederacy, subject to the constitutional authority of Congress; that -the inhabitants should be liable to be taxed proportionately for the -public expenses; that the legislature in the territory should never -interfere with the primary disposal of the soil by Congress, nor with -their regulations for securing the title to purchasers; that no tax -should be imposed on lands, the property of the United States; that -non-resident proprietors should not be taxed more than residents; and -that the navigable waters leading into the Mississippi and St. Lawrence, -and the carrying-places between them, should be common highways and for -ever free. - -The fifth provided, that there should be formed in the territory not -less than three, nor more than five States, with certain boundaries; and -that whenever any of the States should contain sixty thousand free -inhabitants, such State should be (and might be before) admitted by its -delegates into Congress, on an equal footing with the original States in -all respects whatever, and should be at liberty to form a permanent -constitution and State government, provided it should be republican, and -in conformity with these articles of compact. - -The sixth provided, that there should be neither slavery nor involuntary -servitude in the territory, otherwise than in the punishment of crimes; -but that fugitives owing service in other States might be reclaimed. - -American legislation has never achieved any thing more admirable, as an -internal government, than this comprehensive scheme. Its provisions -concerning the distribution of property, the principles of civil and -religious liberty which it laid at the foundation of the communities -since established under its sway, and the efficient and simple -organization by which it created the first machinery of civil society, -are worthy of all the praise that has ever attended it. It was not a -plan devised in the closet, upon theoretical principles of abstract -fitness. It was a constitution of government drawn by men who -understood, from experience, the practical working of the principles -which they undertook to embody. Those principles were, it is true, to be -applied to a state of society not then formed; but they were taken from -states of society in which they had been tried with success. The equal -division of property; general, not universal suffrage, but a suffrage -guarded by some degree of interest in society; representative -government; the division of the three grand departments of political -power; freedom of religious opinion and worship; the _habeas corpus_, -trial by jury, and the course of the common law; the right to be bailed -for offences not capital, and the prohibition of immoderate fines and -cruel or unusual punishments; the great principle of compensation for -property or service demanded by the public, and the legislative -inviolability of contracts; the encouragement of schools and the means -of education,--were all taken from the ancient or recent constitutions -of States, from which the greater part of the inhabitants of the new -territory would necessarily come. A community founded on these -principles was predestined to prosperity and happiness. - -But it was in the provisions of the Ordinance relative to the admission -into the Union of the new States to be formed upon this territory, that -the relation between the existing government of the United States and -its great dependency was afterwards found to involve serious -difficulties. The Union was at that time a confederacy of thirteen -States, originally formed mainly with reference to the exigencies of the -war; and, although the Articles of Confederation had been ratified under -circumstances which gave to the United States the authority to acquire -this property, they had vested in Congress no power to enlarge the -Confederacy by the admission of new States. Yet the Ordinance undertook -to declare that new States should be admitted into the Congress of the -United States on an equal footing with the existing States in all -respects whatever, without proposing to submit that question to the -original parties to the Confederacy. - -It does not appear from contemporary evidence that this difficulty -attracted public attention, at the time of the passage of the Ordinance. -In the year 1787, the Confederation was laboring under far more pressing -and alarming defects than the want of strict constitutional power to -create new States. Public attention was consequently more engaged with -the consideration of evils which affected the prosperity of the original -States themselves, than with the destiny of the new communities, or the -method by which they were to be brought into the Union. It was not -immediately perceived, also, that a property, capable at no distant day -of becoming a vast mine of wealth to the United States, as a great and -independent revenue, had come under the management of a single body of -men, constituted originally without reference to such a trust, and with -no declared constitutional provisions for its administration. When, -however, the Constitution was in the process of formation, the necessity -for provisions under which Congress could dispose of the public lands, -and by which new States could be admitted into the Union, was at once -felt and conceded on all sides.[322] - -Far more serious difficulties, however, attended the management by the -Confederation of the interests of the Western country;--difficulties -which commenced immediately after the Peace, and continued to increase, -until the course taken by Congress had nearly lost to the Union the -whole of that immense region which now pours its commerce down the -Mississippi and its great tributary waters. These difficulties sprang -from the inherent weakness of the federal government,--from the absolute -incapacity of Congress, constituted as it was, to deal wisely, safely, -and efficiently with the foreign relations of the country and its -internal affairs, under the delicate and critical circumstances in which -it was then placed. After the Treaty of Peace, the Western settlements, -flanked by the dependencies of Great Britain at the north and of Spain -at the south, and rapidly filling with a bold, adventurous, and somewhat -lawless population, whose ties of connection with the Eastern States -were almost sundered by the remoteness of their position and the -difficulties of communication, stood upon a pivot, where accident might -have thrown them out of the Union. This population found themselves -seated in a luxuriant and fertile country, capable of a threefold -greater production than the States eastward of the Alleghany and -Appalachian Mountains, and intersected by natural water communications -of the most ample character, all tending to the great highway of the -Mississippi. A soil richer than any over which the Anglo-Saxon race had -hitherto spread itself upon this continent, in any of its temperate -climes; large plains and meadows, capable, without labor, of supporting -millions of cattle; and fields destined to vie with the most favored -lands on the globe in the production of wheat, were already accumulating -upon the banks of their great rivers a weight of produce far beyond the -necessities of subsistence, and loudly demanding the means of reaching -the markets of the world. The people of the Atlantic States knew little -of the resources or situation of this country. They valued it chiefly as -a means of paying the public debts by the sale of its lands; but until -they were in imminent danger of losing it, from the inefficiency of the -national government, they had little idea of the supreme necessity of -securing for it an outlet to the sea, if they would preserve it to the -Union. - -Washington, in the autumn of 1784, after his retirement to Mount -Vernon, made a tour into the Western country, for the express purpose of -ascertaining by what means it could be most effectually bound to the -Union. The policy of opening communications eastward, by means of the -rivers flowing through Virginia to the Atlantic Ocean struck him at -once. On his return, he addressed a letter to the Governor of the State, -in which he recommended the appointment of a commission, to make a -survey of the whole means of natural water communication between Lake -Erie and the tide-waters of Virginia. He does not seem at this time to -have considered the navigation of the Mississippi as of great -importance; but he thought rather that the opening of that river would -have a tendency to separate the Western from the Eastern States.[323] A -year later, he held a clear opinion, that its navigation ought not at -present to be made an object by the United States, but that their true -policy was to open all the possible avenues between the Atlantic States -and the Western territory, and that, until this had been done, the -obstructions to the use of the Mississippi had better not be -removed.[324] Those obstructions, however, involved the hazard of a loss -of the territory to which the navigation of that river had already -become extremely important. Their nature is, therefore, now to be -explained. - -The Treaty of Peace with Great Britain recognized, as the southern -boundary of the United States, a line drawn from a point where the -thirty-first degree of north latitude intersected the river Mississippi, -along that parallel due east to the middle of the river Appalachicola; -thence along the middle of that river to its junction with the Flint -River; thence in a straight line to the head of St. Mary's River; and -thence down the middle of that river to the Atlantic Ocean.[325] At the -time of the negotiation of this treaty West Florida was in the -possession of Spain; and a secret article was executed by the British -and American plenipotentiaries, which stipulated that in case Great -Britain, at the conclusion of a peace with Spain, should recover or be -put in possession of West Florida, the north boundary between that -province and the United States should be a line drawn from the mouth of -the river Yassous, where it unites with the river Mississippi, due east -to the river Appalachicola.[326] The treaty also stipulated, that the -navigation of the Mississippi, from its source to the ocean, should for -ever remain free and open to the subjects of Great Britain and the -citizens of the United States.[327] - -When the treaty came to be ratified and published, in 1784, the Spanish -government was already acquainted with this secret article. Justly -assuming that no treaty between Great Britain and the United States -could settle the boundaries between the territories of the latter power -and those of Spain, or give of itself a right to navigate a river -passing wholly through their dominions, they immediately caused it to be -signified to Congress, that, until the limits of Louisiana and the two -Floridas should be settled and determined, by an admission on the part -of Spain that they had been rightfully described in the Treaty with -England, they must assert their territorial claims to the exclusive -control of the river; and also, that the navigation would under no -circumstances be conceded, while Spain held the right to its -control.[328] To accommodate these difficulties, Congress resolved to -send Mr. Jay, their Secretary of Foreign Affairs, to Spain; but his -departure was prevented by the arrival in the United States of Don Diego -Guardoqui, as Minister from Spain, charged with the negotiation of a -treaty.[329] - -Preparatory to this negotiation, the first instruction which Mr. Jay -received from Congress was, to insist upon the right of the United -States to the territorial boundaries and the free navigation of the -Mississippi, as settled by their treaty with Great Britain.[330] Upon -this point, however, the Spanish Minister was immovable. A long -negotiation ensued, in which he evinced entire readiness to make a -liberal commercial treaty with the United States, conceding to their -trade very important advantages; but at the same time refusing the right -to use the Mississippi. Such a treaty was regarded as extremely -important to the United States. There was scarcely a single production -of this country that could not be advantageously exchanged in the -Spanish European ports for gold and silver. The influence of Spain in -the Mediterranean, with Portugal, with France, with the States of -Barbary, and the trade with her Canaries and the adjacent islands, -rendered a commercial alliance with her of the utmost importance. That -importance was especially felt by the Eastern and Middle States, whose -influence in Congress thus became opposed to the agitation of the -subject of opening the Mississippi.[331] Indeed, the prevailing opinion -in Congress, at this time, was for not insisting on the right of -navigation as a necessary requisite in the treaty with Spain; and there -were some important and influential persons in that body ready to agree -to the abandonment of the right, rather than defer longer a free and -liberal system of trade with a power able to give conditions so -advantageous to the United States.[332] The Eastern States considered a -commercial treaty with Spain as the best remedy for their distresses, -which flowed, as they believed, from the decay of their commerce. Two of -the Middle States joined in this opinion. Virginia, on the other hand, -opposed all surrender of the right.[333] - -In this posture of affairs, Mr. Jay proposed to Congress a middle -course. Believing, as Washington continued to believe,[334] that the -navigation of the Mississippi was not at that time very important, and -that it would not become so for twenty-five or thirty years, he -suggested that the treaty should be limited to that period, and that one -of its articles should stipulate, that the United States would forbear -to use the navigation of the river below their territories to the ocean. -It was supposed that such a forbearance, carrying no surrender of the -right, would, at the expiration of the treaty, leave the whole subject -in as favorable a position as that in which it now stood. Besides, the -only alternative to obtaining such an article from Spain was to make war -with her, and enforce the opening of the river. The experiment, at -least, it was argued, would do no injury, and might produce much -good.[335] - -These arguments prevailed, so far as to cause a change in Mr. Jay's -instructions, by a vote, which was deemed by him sufficient to confer -authority to obtain such an article as he had suggested, but which was -clearly unconstitutional. Seven States against five voted to rescind the -instructions of August 25, 1785, by which the Secretary had been -directed to insist on the right of navigation, and not to conclude or -sign any treaty until he had communicated it to Congress.[336] Mr. Jay -accordingly agreed with the Spanish Minister on an article which -suspended the use of the Mississippi, without relinquishing the right -asserted by the United States.[337] - -While these proceedings were going on, and before the vote of seven -States in Congress had been obtained in favor of the present suspension -of this difficult controversy, an occurrence took place at Natchez, -which aroused the jealousy of the whole West. A seizure was made there, -by the Spanish authorities, of certain American property, which had been -carried down the river for shipment or sale at New Orleans.[338] The -owner, returning slowly in the autumn to his home, in the western part -of North Carolina, by a tedious land journey through Kentucky, detailed -everywhere the story of his wrongs and of the loss of his adventure. The -news of this seizure, as it circulated up the valley from below, -encountered the intelligence coming from the eastward, that Congress -proposed to surrender the present use of the Mississippi. Alarm and -indignation fired the whole population of the Western settlements. They -believed themselves to be on the point of being sacrificed to the -commercial policy of the Atlantic States; and, feeling that they stood -in the relation of colonists to the rest of the Union, they held -language not unlike that which the old colonies had held towards -England, in the earlier days of the great controversy. - -They surveyed the magnificent region which they were subduing from the -dominion of Nature;--the inexhaustible resources of its soil already -yielding an abundance, which needed only a free avenue to the ocean to -make them rich and prosperous;--and they felt that the mighty river -which swept by them, with a volume of waters capable of sustaining the -navies of the world, had been destined by Providence as a natural -channel through which the productions of their imperial valley should be -made to swell the commerce of the globe. But the Spaniard was seated at -the outlet of this noble stream, sullenly refusing to them all access to -the ocean. To him they must pay tribute. To enrich him, they must till -those luxuriant lands, which gave, by an almost spontaneous production, -the largest return which American labor had yet reaped under the -industry of its own free hands. Their proud spirits, unaccustomed to -restraint, and expanding in a liberty unknown in the older sections of -the country, could not brook this vassalage. Into the comprehensive -schemes of statesmen, who sought to unite them with the East by a great -chain of internal improvements, and thus to blend the interests of the -West with the commercial prosperity of the whole country, they were too -impatient, and too intent upon the engrossing object of their own -immediate advantage, to be able to enter. - -What, they exclaimed, could have induced the legislature of the United -States, which had been applauded for their assertion and defence of the -rights and privileges of the country, so soon to endeavor to subject a -large part of their dominion to a slavery worse than that to which Great -Britain had presumed to subject any part of hers? To give up to the -Spaniards the greatest share of the fruits of their toils,--to surrender -to them, on their own terms, the produce of that large, rich, and -fertile country, and thus to enable them to command the benefits of -every foreign market,--was an intolerable thought. What advantage, too, -would it be to the Atlantic States, when Spain, from the amazing -resources of the Mississippi, could undersell them in every part of the -world? Did they think by this course of policy to prevent emigration -from a barren country, loaded with taxes and impoverished by debts, to -the most luxurious and fertile soil within the limits of the Union? The -idea was vain and presumptuous. As well might the fishes of the sea be -prevented from gathering on a bank that afforded them ample nourishment. -The best and largest part of the United States was not thus to be left -uncultivated; a home for savages and wild beasts. Providence had -destined it for nobler purposes. It was to be the abode of a great, -prosperous, and cultivated people,--of Americans in feeling, in rights, -in spirit, incapable of becoming the bondmen of Spain, while the rest -of their country remained free. Their own strength could achieve for -them what the national power refused or was unable to obtain. Twenty -thousand effective men, west of the Alleghanies, were ready to rush to -the mouth of the Mississippi, and drive the Spaniards into the sea. -Great Britain stood with open arms to receive them. If not countenanced -and succored by the federal government, their allegiance would be thrown -off, and the United States would find too late that they were as -ignorant of the great valley of the Mississippi, as England was of the -Atlantic States when the contest for independence began.[339] - -Such was the feeling that prevailed in the Western country, as soon as -it became known that a treaty was actually pending, by which the right -to navigate the Mississippi might be suspended for a quarter of a -century. That it should have been accompanied by acts of retaliation and -outrage against the property of Spanish subjects, was naturally to have -been expected. A certain General Clarke, pretending to authority from -the State of Virginia, undertook to enlist men and establish a garrison -at Port St. Vincennes, ostensibly for the protection of the district of -Kentucky, then under the jurisdiction of Virginia. He made a seizure -there of some Spanish property for the purpose of clothing and -subsisting his men, and sent an officer to the Illinois, to advise the -settlers there of the seizures of American property made at Natchez, and -to recommend them to retaliate for any outrages the Spaniards might -commit upon their property.[340] - -The executive of Virginia disavowed these acts, as soon as officially -informed of them; ordered the parties to be brought to punishment; and -sent a formal disclaimer, through their delegates in Congress, to the -Spanish Minister.[341] Guardoqui was not disturbed. He expected these -occurrences, and maintained his ground, refusing to yield the right of -navigating the river; and having assented to Mr. Jay's proposal of an -article which suspended the use for a period of twenty-five years, he -was quite ready to go on and conclude the treaty. - -The people of the Western country, however, began to form committees of -correspondence, in order to unite their counsels and interests.[342] The -inhabitants of Kentucky sent a memorial to the General Assembly of -Virginia, which induced them to instruct their delegates in Congress to -oppose any attempt to surrender the right of the United States to the -free use of the Mississippi, as a dishonorable departure from the -comprehensive and benevolent feeling that constituted the vital -principle of the Confederation, and as provoking the just resentment and -reproaches of the Western people, whose essential rights and interests -would be thereby sacrificed. They also instructed their delegates to -urge such negotiations with Spain as would obtain her consent to -regulations for the mutual and common use of the river.[343] The members -from Virginia, with one exception, concurred in the policy of these -instructions,[344] and at first addressed themselves to some -conciliatory expedient for obviating the effect of the vote of seven -States. - -They first represented to Guardoqui that it would be extremely -impolitic, both for the United States and Spain, to make any treaty -which should have the effect of shutting up the Mississippi. They stated -to him, that such a treaty could not be enforced; that it would be the -means of peopling the Western country with increased rapidity, and would -tend to a separation of that country from the rest of the Union; that -Great Britain would be able to turn the force that would spring up there -against Spanish America; and that the result would be the creation of a -power in the valley of the Mississippi hostile both to Spain and the -United States. These representations produced no impression. The Spanish -Minister remained firm in the position which he had held from the first, -that Spain never would concede the claim of the United States to -navigate the river. He answered, that the result of what had been urged -was, that Congress could make no treaty at all, and consequently that -the trade of the United States must remain liable to be excluded from -the ports of Spain.[345] - -Foiled in this quarter, the next expedient, for those who felt the -necessity of preventing such a treaty as had been contemplated, was to -gain time, by transferring the negotiation to Madrid; and Mr. Madison -introduced a resolution into Congress for this purpose, which was -referred to the Secretary for Foreign Affairs.[346] In a few days, the -Secretary reported against the proposal, and nothing remained for the -opponents of the treaty, but to attack directly the vote of seven -States, under which the Secretary had acted in proceeding to adjust with -the Spanish Minister an article for suspending the right of the United -States to the common use of the river below their southern boundary. - -The Articles of Confederation expressly declared, that the United States -should not enter into any treaty or alliance, unless nine States in -Congress assented to the same.[347] It was very justly contended, -therefore, that, to proceed to negotiate a treaty authorized by a vote -of only seven States, would expose the United States to great -embarrassment with the other contracting party, since the vote made it -certain that the treaty could not be constitutionally ratified; and that -the vote itself, having passed in a case requiring the assent of nine -States, was not valid for the purpose intended by it. This was not -denied; but the advocates of the treaty, by means of a parliamentary -rule, resisted the introduction of a resolution to rescind the vote of -seven States.[348] - -But while this dangerous subject was pending, the affairs of the country -had taken a new turn. The Convention at Annapolis had been held, in the -autumn of 1786, and the Convention called to revise the system of the -federal government was to meet in May, 1787. It had become sure and -plain, that a large increase of the powers of the national government -was absolutely essential to the continuance of the Union and the -prosperity of the States. Every day the situation of the country was -becoming more and more critical. No money came into the federal -treasury; no respect was paid to the federal authority; and all men saw -and admitted that the Confederation was tottering to its fall. Some -prominent persons in the Eastern States were suspected of leaning -towards monarchy; others openly predicted a partition of the States into -two or more confederacies; and the distrust which had been created by -the project for closing the Mississippi rendered it extremely probable, -that the Western country at least would be severed from the Union. - -The advocates of that project recoiled, therefore, from the dangers -which they had unwittingly created. They saw, that the crisis required -that harmony and confidence should be studiously cherished, now that the -great enterprise of remodelling the government upon a firmer basis was -to be attempted. They saw that no new powers could be obtained for the -Federal Constitution, if the government then existing were to burden -itself with an act so certain to be the source of dissension, and so -likely to cause a dismemberment of the Confederacy, as the closing of -the Mississippi. Like wise and prudent men, therefore, they availed -themselves of the expected and probable formation of a new government, -as a fit occasion for disposing of this question; and after an effort to -quiet the apprehensions that had been aroused, the whole matter was -postponed, by general consent, to await the action of the great -Convention of May, 1787.[349] After the Constitution had been formed and -adopted, the negotiation was formally referred to the new federal -government which was about to be organized, in March, 1789, with a -declaration of the opinion of Congress that the free navigation of the -river Mississippi was a clear and essential right of the United States, -and ought to be so considered and supported.[350] - -FOOTNOTES: - -[298] October 15, 1777. Secret Journals, I. 328. - -[299] Ibid. - -[300] See the account of the adoption of the Confederation, ante, pp. -131-141. - -[301] Ante, pp. 131-136. - -[302] October 30, 1779. Journals, V. 401, 402. - -[303] September 6, 1780. - -[304] February 19, 1780. - -[305] October 10, 1780. - -[306] The Federalist. - -[307] Ibid. - -[308] June 20, 1783. - -[309] September 13, 1783. - -[310] The granting part of the deed of cession, exclusive of its -recitals, is as follows: "That we, the said Thomas Jefferson, Samuel -Hardy, Arthur Lee, and James Munroe, by virtue of the power and -authority committed to us by the act of the said General Assembly of -Virginia before recited, and in the name and for and on behalf of the -said Commonwealth, do by these presents convey, transfer, assign, and -make over unto the United States in Congress assembled, for the benefit -of the said States, Virginia inclusive, all right, title, and claim, as -well of soil as of jurisdiction, which the said Commonwealth hath to the -territory or tract of country within the lines of the Virginia charter, -situate, lying, and being to the northwest of the river Ohio, to and for -the uses and purposes, and on the conditions, of the said recited act." -The cession was made with the reservation of such a portion of the -territory ceded, between the rivers Scioto and Little Miami, as might be -required to make up the deficiencies of land on the south side of the -Ohio, called the Green River lands, reserved for the Virginia troops on -continental establishment. (Journals, IX. 47-49.) Subsequently, the act -of cession was altered, so as to admit of the formation of not more than -five, nor less than three States, of a size more convenient than that -described in the act of cession and in the resolve of October 10, 1780. -(Journals, XI. 139, 140. July 9, 1786.) - -[311] April 23, 1784. Journals, IX. 153. - -[312] April 23, 1784. Journals, IX. 153. - -[313] April 29, 1784. Journals, IX. 184. - -[314] This proposition was introduced by Rufus King, March 16, 1785, and -was committed by the votes of _eight_ States against _four_. - -[315] April 19, 1785. - -[316] May 20, 1785. - -[317] September 14, 1786. Journals, XI. 221-223. The deed of cession, -and the act of Connecticut recited in it, do not disclose this -reservation. The territory ceded is described by certain lines which -include less than the whole claim of Connecticut. It appears from the -Journals, under the date of May 22-26, 1786, and from various -propositions considered between those dates, that the State of -Connecticut claimed to own a larger extent of territory than she -proposed to cede; and by way of compromise, her claim was so far acceded -to, that Congress agreed to accept of a cession of less than the whole. -The reservation embraced about six millions of acres. See Sparks's -Washington, IX. 178, note, where it appears that the right of the State -to this territory was considered very feeble at the time. - -[318] July 9, 1786. - -[319] December 30, 1788. - -[320] August 9, 1789. - -[321] That of North Carolina was made February 25, 1790, and that of -Georgia, April 24, 1802. - -[322] See Mr. Madison's notes of the Debates in the Confederation. -Elliot, V. 128, 157, 190, 211, 376, 381. - -[323] His recommendation contemplated a survey of James River and the -Potomac, from tide-water to their respective sources; then to ascertain -the best portage between those rivers and the streams capable of -improvement which run into the Ohio; then to traverse and survey those -streams to their junction with the Ohio; then, passing down the Ohio to -the mouth of the Muskingum, to ascend that river to the carrying-place -to the Cuyahoga; then down the Cuyahoga to Lake Erie, and thence to -Detroit. He also advised a survey of Big Beaver Creek, and of the -Scioto, and of all the waters east and west of the Ohio, which invited -attention by their proximity and the ease of land transportation between -them and the James and Potomac Rivers. "These things being done," he -said, "I shall be mistaken if prejudice does not yield to facts, -jealousy to candor, and finally, if reason and nature, thus aided, do -not dictate what is right and proper to be done." (Writings of -Washington, IX. 65.) This suggestion was adopted, and a commission -appointed. - -[324] Writings, IX. 63, 117-119. August 22, 1785. - -[325] Article II. Journals, IX. 26. - -[326] Executed November 30, 1782. Secret Journals, III. 338. - -[327] Article VIII. Journals, IX. 29. - -[328] June 25, 1784. Communicated to Congress November 19, 1784. Secret -Journals, III. 517, 518. - -[329] Guardoqui arrived and was recognized July 2, 1785. Secret -Journals, III. 563. - -[330] August 25, 1785. Secret Journals, III. 585, 586. - -[331] See the communication made by Mr. Jay to Congress, August 3, 1786. -Secret Journals, IV. 43. - -[332] Henry Lee, then in Congress, wrote to Washington on the 3d of -July, 1786, as follows: "Your reasoning is perfectly conformable to the -prevalent doctrine on that subject in Congress. We are very solicitous -to form a treaty with Spain for commercial purposes. Indeed, no nation -in Europe can give us conditions so advantageous to our trade as that -kingdom. The carrying business they are like ourselves in, and this -common source of difficulty in adjusting commercial treaties between -other nations does not apply to America and Spain. But, my dear General, -I do not think you go far enough. Rather than defer longer a free and -liberal system of trade with Spain, why not agree to the exclusion of -the Mississippi? This exclusion will not, cannot, exist longer than the -infancy of the Western emigrants. Therefore, to these people what is now -done cannot be important. To the Atlantic States it is highly important; -for we have no prospect of bringing to a conclusion our negotiations -with the court of Madrid, but by yielding the navigation of the -Mississippi. Their Minister here is under positive instructions on that -point. In all other arrangements, the Spanish monarch will give to the -States testimonies of his regard and friendship. And I verily believe, -that, if the above difficulty should be removed, we should soon -experience the advantages which would flow from a connection with -Spain." (Writings of Washington, IX. 173, note.) - -[333] Washington's Writings, IX. 205, 206, note. - -[334] Washington had not changed his opinion, at the time of these -negotiations. On the 18th of June, 1786, he wrote to Henry Lee, in -answer to his letter above quoted: "The advantages with which the inland -navigation of the rivers Potomac and James is pregnant, must strike -every mind that reasons upon the subject; but there is, I perceive, a -diversity of sentiment respecting the benefits and consequences which -may flow from the free and immediate use of the Mississippi. My opinion -of this matter has been uniformly the same; and no light in which I have -been able to consider the subject is likely to change it. It is, neither -to relinquish nor to push our claim to this navigation, but in the mean -while to open _all_ the communications which Nature has afforded between -the Atlantic States and the Western territory, and to encourage the use -of them to the utmost. In my judgment, it is matter of very serious -concern to the well-being of the former to make it the interest of the -latter to trade with them; without which, the ties of consanguinity, -which are weakening every day, will soon be no bond, and we shall be no -more, a few years hence, to the inhabitants of that country, than the -British and Spaniards are at this day; not so much, indeed, because -commercial connections, it is well known, lead to others, and united are -difficult to be broken. These must take place with the Spaniards, if the -navigation of the Mississippi is opened. Clear I am, that it would be -for the interest of the Western settlers, as low down the Ohio as the -Big Kenhawa, and back to the Lakes, to bring their produce through one -of the channels I have named; but the way must be cleared, and made easy -and obvious to them, or else the ease with which people glide down -streams will give a different bias to their thinking and acting. -Whenever the new States become so populous and so extended to the -westward as really to need it, there will be no power which can deprive -them of the use of the Mississippi. Why, then, should we prematurely -urge a matter which is displeasing, and may produce disagreeable -consequences, if it is our interest to let it sleep? It may require some -management to quiet the restless and impetuous spirits of Kentucky, of -whose conduct I am more apprehensive in this business than I am of all -the opposition that will be given by the Spaniards." (IX. 172, 173.) - -On the 26th of July of the same year, he again wrote to the same -gentleman, expressing the same opinions; and on the 31st of October, he -said that these sentiments "are controverted by only one consideration -of weight, and that is, the operation which the occlusion of the river -may have on the minds of the Western settlers, who will not consider the -subject in a relative point of view, or on a comprehensive scale, and -may be influenced by the demagogues of the country to acts of -extravagance and desperation, under the popular declamation, that their -interests are sacrificed." In July, 1787, he retained the same views as -to the true policy of the different sections of the country interested -in this question, but admitted that, from the spirit manifested at the -West, it had become a moot point to determine, when every circumstance -was brought into view, what was best to be done. (IX. 172, 180, 205, -261.) - -[335] See Mr. Jay's reasoning, Secret Journals, IV. 53, 54. - -[336] August 29, 1786. Secret Journals, IV. 109, 110. The States which -voted to rescind these instructions were New Hampshire, Massachusetts, -Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, and -Maryland; Virginia, North and South Carolina, and Georgia, voted not to -rescind. Another resolution was carried on the following day (August -30), by the votes of seven States, instructing the Secretary to insist -on the territorial limits or boundaries of the United States, as fixed -in the Treaty with Great Britain, and not to form any treaty with the -Spanish Minister, unless those boundaries were acknowledged and secured. -Ibid. 111-116. - -[337] This agreement was made between the 29th of August, the date of -the rescinding resolution, and the 6th of October, 1786. See Mr. Jay's -communication to Congress under the latter date, Secret Journals, IV. -297-301. - -[338] This seizure was made on the 6th of June, 1786. Secret Journals, -IV. 325. - -[339] See the documents laid before Congress, April 13, 1787. Secret -Journals, IV. 315-328. On the 30th of January, 1787, Mr. Jefferson thus -writes to Mr. Madison, from Paris: "If these transactions give me no -uneasiness, I feel very differently at another piece of intelligence, to -wit, the possibility that the navigation of the Mississippi may be -abandoned to Spain. I never had any interest westward of the Alleghany; -and I never will have any. But I have had great opportunities of knowing -the character of the people who inhabit that country; and I will venture -to say, that the act which abandons the navigation of the Mississippi is -an act of separation between the Eastern and Western country. It is a -relinquishment of five parts out of eight of the territory of the United -States; an abandonment of the fairest subject for the payment of our -public debts, and the chaining those debts on our own necks, _in -perpetuam_. I have the utmost confidence in the honest intentions of -those who concur in this measure; but I lament their want of -acquaintance with the character and physical advantages of the people, -who, right or wrong, will suppose their interests sacrificed on this -occasion to the contrary interests of that part of the Confederacy in -possession of present power. If they declare themselves a separate -people, we are incapable of a single effort to retain them. Our citizens -can never be induced, either as militia or as soldiers, to go there to -cut the throats of their own brothers and sons, or rather, to be -themselves the subjects instead of the perpetrators of the parricide. -Nor would that country quit the cost of being retained against the will -of its inhabitants, could it be done. But it cannot be done. They are -able already to rescue the navigation of the Mississippi out of the -hands of Spain, and to add New Orleans to their own territory. They will -be joined by the inhabitants of Louisiana. This will bring on a war -between them and Spain; and that will produce the question with us, -whether it will not be worth our while to become parties with them in -the war, in order to reunite them with us, and thus correct our error. -And were I to permit my forebodings to go one step further, I should -predict that the inhabitants of the United States would force their -rulers to take the affirmative of that question. I wish I may be -mistaken in all these opinions." (Jefferson, II. 87.) - -[340] Secret Journals, IV. 311-313. - -[341] February 28, 1787. - -[342] Madison. Elliot's Debates, V. 97. - -[343] These instructions were adopted in November, 1786. Pitkin, II. -207. They were laid before Congress, April 19, 1787. Madison. Elliot's -Debates, V. 103. - -[344] Henry Lee did not approve of this policy. See Washington's Works, -IX. 205, note. - -[345] See Madison's account of two interviews with Guardoqui, March 13 -and 19, 1787. Elliot, V. 98, 100. At the first of these interviews, -Guardoqui stated that he had had no conference with Mr. Jay since the -previous October, and never expected to confer with him again. - -[346] April 18, 1787. Madison. Elliot, V. 102. On the next day (April -19) the instructions of Virginia were laid before Congress, but a motion -to refer them also to the Secretary was lost, Massachusetts and New York -voting against it, and Connecticut being divided. Ibid. When Mr. Jay's -report came under consideration, Mr. Gorham of Massachusetts, according -to Madison, avowed his opinion, that the shutting of the Mississippi -would be advantageous to the Atlantic States, and wished to see it shut. -Ibid. 103. - -[347] Article IX. - -[348] Madison. Elliot, V. 104, 105. - -[349] Ibid. - -[350] September 16, 1788. Secret Journals, IV. 449-454. - - - - -CHAPTER VI. - -1783-1787. - -DECAY AND FAILURE OF THE CONFEDERATION.--PROGRESS OF OPINION.--STEPS -WHICH LED TO THE CONVENTION OF 1787.--INFLUENCE AND EXERTIONS OF -HAMILTON.--MEETING OF THE CONVENTION. - - -The prominent defects in the Confederation, which have been described in -the previous chapters, and which were so rapidly developed after the -treaty of 1783, made it manifest, that a mere league between independent -States, with no power of direct legislation, was not a government for a -country like this, in a time of peace. They showed, that this compact -between the States, without any central arbiter to declare or power to -enforce the duties which it involved, could not long continue. It had, -indeed, answered the great purpose of forming the Union, by bringing the -States into relations with each other, the continuance of which was -essential to liberty; since nothing could follow the rupture of those -relations but the reëstablishment of European power, or the native -despotism which too often succeeds to civil commotion. By creating a -corporate body of confederate States, and by enabling them to go into -the money-markets of Europe for the means of carrying on and concluding -the war, the Confederation had made the idea and the necessity of a -Union familiar to the popular mind. But the purposes and objects of the -war were far less complex and intricate than the concerns of peace. It -was comparatively easy to borrow money. It was another thing to pay it. -The federal power, under the Confederation, had little else to do, -before the peace, than to administer the concerns of an army in the -field, and to attend to the foreign relations of the country, as yet not -complicated with questions of commerce. But the vast duties, capable of -being discharged by no other power, which came rapidly into existence -before the creation of the machinery essential to their performance, -exhibited the Confederation in an alarming attitude. - -It was found to be destitute of the essence of political -sovereignty,--the power to compel the individual inhabitants of the -country to obey its decrees. It was a system of legislation for States -in their corporate and collective capacities, and not for the -individuals of whom those States were composed. It could not levy a -dollar by way of impost or assessment upon the property of a citizen. It -had no means of annulling the action of a State legislature, which -conflicted with the lawful and constitutional requirements of Congress. -It made treaties, and was forced to stand still and see them violated by -its own members, for whose benefit they had been made. It owed an -enormous debt, and saw itself, year by year, growing more and more -unable to liquidate even the annually increasing interest. It stood in -the relation of a protector to the principles of republican liberty on -which the institutions of the States were founded, and on the first -occurrence of danger, it stretched forward only a palsied arm, to which -no man could look for succor. It undertook to rescue commerce from the -blighting effects of foreign policy, and failed to achieve a single -conspicuous and important advantage. Every day it lost something of -respect abroad and of confidence at home, until all men saw, with -Washington, that it had become a great shadow without the substance of a -government; while few could even conjecture what was to rise up and -supplant it. - -Few men could see, amidst the decay of empire and the absolute negation -of all the vital and essential functions of government, what was to -infuse new life into a system so nearly effete. Yet the elements of -strength existed in the character of the people; in the assimilation, -which might be produced, in the lapse of years, by a common language, a -common origin, and a common destiny;--in the almost boundless resources -of the country;--and, above all, in the principles of its ancient local -institutions, that were capable, to an extent not then conceived, of -expansion and application to objects of far greater magnitude than any -which they had yet embraced. Through what progress of opinion the people -of this country were enabled to grasp and combine these elements into a -new system, which could satisfy their wants, we must now inquire. - -In this inquiry, the student of political history should never fail to -observe, that the great difficulty of the case, which made it so complex -and embarrassing, arose from the separate, sovereign, and independent -existence of the States. The formation of new constitutions, in -countries not thus divided, involves only the adaptation of new -institutions and forms to the genius, the laws, and the habits of the -people. The monarchy of France has, in our day, been first remodelled, -and afterwards swept from the face of Europe, to be followed by a -republican constitution, which has in its turn been crushed and -superseded. But France is a country that has long been subjected to as -complete and powerful a system of centralization as has existed anywhere -since the most energetic period of the Roman empire; and whether its -institutions of government have or have not needed to be changed, as -they have been from time to time, those changes have been made in a -country in which an entire political unity has greatly facilitated the -operation. - -In the United States, on the contrary, a federal government was to be -created; and it was to be created for thirteen distinct communities;--a -government that should not destroy the political sovereignties of the -States, and should yet introduce a new sovereignty, formed by means of -powers, whose surrender by the States, instead of weakening their -present strength, would rather develop and increase it. This peculiar -difficulty may be constantly traced, amidst all the embarrassments of -the period in which the fundamental idea of the Constitution was at -length evolved. - -The progress of opinion and feeling in this country, on the subject of -its government, from the peace of 1783 to the year 1787, may properly be -introduced by a brief statement of the political tendencies of two -principal classes of men. All contemporary evidence assures us that this -was a period of great pecuniary distress, arising from the depreciation -of the vast quantities of paper money issued by the Federal and State -governments; from rash speculations; from the uncertain and fluctuating -condition of trade; and from the great amount of foreign goods forced -into the country as soon as its ports were opened. Naturally, in such a -state of things, the debtors were disposed to lean in favor of those -systems of government and legislation which would tend to relieve or -postpone the payment of their debts; and as such relief could come only -from their State governments, they were naturally the friends of State -rights and State authority, and were consequently not friendly to any -enlargement of the powers of the Federal Constitution. The same causes -which led individuals to look to legislation for irregular relief from -the burden of their private contracts, led them also to regard public -obligations with similar impatience. Opposed to this numerous class of -persons were all those who felt the high necessity of preserving -inviolate every public and private obligation; who saw that the -separate power of the States could not accomplish what was absolutely -necessary to sustain both public and private credit; and they were as -naturally disposed to look to the resources of the Union for these -benefits, as the other class were to look in an opposite direction. -These tendencies produced, in nearly every State, a struggle, not as -between two organized parties, but one that was all along a contest for -supremacy between opposite opinions, in which it was at one time -doubtful to which side the scale would turn.[351] - -The three most important centres of opinion in the Union, before the -formation of the Constitution, were Massachusetts, Virginia, and New -York.[352] The public proceedings of each of them, in the order of time, -on the subject of enlarging the federal powers, are, therefore, -important to a just understanding of the course of events which ended in -the calling of the Convention. - -The legislature of Massachusetts was assembled in the summer of 1785. -The proposal of Congress, made to the States in 1784, to grant the power -of regulating trade, had been responded to by only four of the States, -and the negotiations in Europe were failing from the want of it. Great -uneasiness and distress pervaded all the commercial classes, and -extended to every other class capable of being affected by a state of -things in which a large balance, occasioned by the extravagant -importation and use of foreign manufactures, was thrown against the -country. The money of the State was rapidly drawn off to meet this -balance, which its other exhausted means of remittance could not -satisfy. It was impossible for the State to recover its former -prosperity, while Great Britain and other nations continued the -commercial systems which they had adopted. It had become plain to the -comprehension of all intelligent persons concerned in trade, that -nothing could break up those systems so long as the United States were -destitute of the same power to regulate their foreign trade, by -admitting or excluding foreign vessels and cargoes according to their -interests; and it needed only the popular expression of this palpable -truth, enforced by a clear and decided executive message, to induce the -legislature to act upon it.[353] Governor Bowdoin gave the necessary -impulse, and suggested the appointment of special delegates from the -States to settle and define the powers with which Congress ought to be -invested.[354] - -This message caused the adoption of the first resolution, passed by the -legislature of any State, declaring the Articles of Confederation to be -inadequate to the great purposes which they were originally designed to -effect, and recommending a convention of delegates from all the States, -for the purpose of revising them, and reporting to Congress how far it -might be necessary to alter or enlarge the powers of the Federal Union, -in order to secure and perpetuate its primary objects. Congress was -requested by these resolves to recommend such a convention. A letter, -urging the importance of the subject, was addressed by the Governor of -Massachusetts to the President of Congress, and another to the executive -of each of the other States. The resolves were also inclosed to the -delegates of the State in Congress, with instructions to lay them before -that body at the earliest opportunity, and to make every exertion to -carry them into effect.[355] - -They were, however, never presented to Congress. That body was wholly -unprepared for such a step, and the delegation of Massachusetts were -entirely opposed to it, as premature. It had been all along the policy -of Congress to obtain only a grant of temporary power over commerce, and -to this policy they were committed by their proposition, now pending -with the legislatures of the States, and by the instructions of the -commissioners whom they had sent to Europe to negotiate commercial -treaties. The prevalent idea in Congress was, that at the expiration of -fifteen years,--the period for which they had asked the States to grant -them power over commerce,--a new commercial epoch would commence, when -the States would have a more clear and comprehensive view of their -interests, and of the best means for promoting them, whether by treaties -abroad, or by the delegation and exercise of greater power at home. It -was argued, also, that the most safe and practicable course was, to -grant temporary power in the first instance, and to leave the question -of its permanent adoption as a part of the Confederation to depend on -its beneficial effects. Another objection, which afterwards caused -serious difficulty, was, that the Articles of Confederation contained no -provision for their amendment by a convention, but that changes should -originate in Congress and be confirmed by the State legislatures, and -that, if the report of a convention should not be adopted by Congress, -great mischiefs would follow. - -But a deep-seated jealousy in Congress of the radical changes likely to -be made in the system of government lay at the foundation of these -objections. There was an apprehension that the Convention might be -composed of persons favorable to an aristocratic system; or that, even -if the members were altogether republican in their views, there would be -great danger of a report which would propose an entire remodelling of -the government. The delegation from Massachusetts, influenced by these -fears, retained the resolutions of the State for two months, and then -replied to the Governor's letter, assigning these as their reasons for -not complying with the directions given to them.[356] The legislature of -Massachusetts thereupon annulled their resolutions recommending a -Convention.[357] - -It is manifest from this occurrence, that Congress in 1785 were no more -in a condition to take the lead and conduct the country to a revision of -the Federal Constitution, than they were in 1783, when Hamilton wished -to have a declaration made of its defects, and found it impracticable. -There were seldom present more than five-and-twenty members; and, at the -time when Massachusetts proposed to call upon them to act upon this -momentous subject, the whole assembly embraced as little eminent talent -as had ever appeared in it. They were not well placed to observe that -something more than "the declamation of designing men" was at work, -loosening the foundations of the system which they were -administering.[358] They saw some of its present inconveniences; but -they did not see how rapidly it was losing the confidence of the -country, of which the following year was destined to deprive it -altogether. - -Before the year 1785 had closed, however, Virginia was preparing to give -the weight of her influence to the advancing cause of reform. - -A proposition was introduced into the House of Delegates of Virginia, to -instruct the delegates of the State in Congress to move a recommendation -to all the States to authorize Congress to collect a revenue by means of -duties uniform throughout the United States, for a period of thirteen -years.[359] The absolute necessity for such a system was generally -admitted; but, as in Massachusetts, the opinions of the members were -divided between a permanent grant of power and a grant for a limited -term. The advocates of the limitation, arguing that the utility of the -measure ought to be tested by experiment, contended, that a temporary -grant of commercial powers might be and would be renewed from time to -time, if experience should prove its efficacy. They forgot that the -other powers granted to the Union, on which its whole fabric rested, -were perpetual and irrevocable; and that the first sacrifices of -sovereignty made by the States had been the result of circumstances -which imperatively demanded the surrender, just as the situation of the -country now demanded a similar surrender of an irrevocable power over -commerce. The proposal to make this grant temporary only, was a proposal -to engraft an anomaly upon the other powers of the Confederacy, with -very little prospect of its future renewal; for the caprice, the -jealousy, and the diversity of interests of the different States, were -obstacles which the scheme of a temporary grant could only evade for the -present, leaving them still in existence when the period of the grant -should expire. But the arguments in favor of this scheme prevailed, and -the friends of the more enlarged and liberal system, believing that a -temporary measure would stand afterwards in the way of a permanent one, -and would confirm the policy of other countries founded on the -jealousies of the States, were glad to allow the subject to subside, -until a new event opened the prospect for a more efficient plan.[360] - -The citizens of Virginia and Maryland, directly interested in the -navigation of the rivers Potomac and Pocomoke, and of the Bay of -Chesapeake, had long been embarrassed by the conflicting rights and -regulations of their respective States; and, in the spring of 1785, an -effort at accommodation was made, by the appointment of commissioners on -the part of each State to form a compact between them for the regulation -of the trade upon those waters. These commissioners assembled at -Alexandria in March, and while there made a visit at Mount Vernon, where -a further scheme was concerted for the establishment of harmonious -commercial regulations between the two States.[361] This plan -contemplated the appointment of other commissioners, having power to -make arrangements, with the assent of Congress, for maintaining a naval -force in the Chesapeake, and also for establishing a tariff of duties on -imports, to be enacted by the legislatures of both the States. A report, -embracing this recommendation, was accordingly made by the Alexandria -commissioners to their respective governments. In the legislature of -Virginia this report was received while the proposition for granting -temporary commercial powers to Congress was under consideration; and it -was immediately followed by a resolution directing that part of the plan -which respected duties on imports to be communicated to all the States, -with an invitation to send deputies to the meeting. In a few days -afterwards, the celebrated resolution of Virginia, which led the way to -the Convention at Annapolis, was adopted by the legislature, directing -the appointment of commissioners to meet with the deputies of all the -other States who might be appointed for the same purpose, to consider -the whole subject of the commerce of the United States.[362] The -circular letter which transmitted this resolution to the several States -proposed that Annapolis in the State of Maryland should be the place, -and that the following September should be the time of meeting. - -The fate of this measure now turned principally upon the action of the -State of New York. The power of levying a national impost, proposed in -the revenue system of 1783, had been steadily withheld from Congress by -the legislature of that State. Ever since the peace, the State had been -divided between two parties, the friends of adequate powers in Congress, -and the adherents of State sovereignty; and the belief that the -commercial advantage of the State depended upon retaining the power to -collect their own revenues, had all along given to the latter an -ascendency in the legislature. In 1784, they established a custom-house -and a revenue system of their own. In 1785, a proposition to grant the -required powers to Congress was lost in the Senate; and in 1786, it -became necessary for Congress to bring this question to a final issue. -Three other States, as we have seen, stood in the same category with New -York, having decided in favor of no part of the plan which Congress had -so long and so repeatedly urged upon their adoption.[363] Declaring, -therefore, that the crisis had arrived when the people of the United -States, by whose will and for whose benefit the federal government was -instituted, must decide whether they would support their work as a -nation, by maintaining the public faith at home and abroad, or whether, -for want of a timely exertion in establishing a general revenue system, -and thereby giving strength to the Confederacy, they would hazard the -existence of the Union and the privileges for which they had -contended,--Congress left the responsibility of the decision with the -legislatures of the States.[364] - -It was now that the influence of Hamilton upon the destinies of this -country began to be favored by the events which had brought its -affairs to the present juncture. To his sagacious and watchful -forecast, the proposal of a commercial convention, emanating from -Virginia, presented the opportunity which he had long desired, to -effect an entire change in the system of the federal government; -while, at the same time, the final appeal made by Congress for the -establishment of the revenue system gave him an occasion to bring the -State of New York into the movement which had been originated by -Virginia. He determined that this system should be again presented to -the legislature, for distinct approval or rejection, and that, if it -should be rejected, the State should still send a representation to -the Convention at Annapolis. He therefore caused the revenue system, -as proposed by Congress, to be again brought before the legislature, -where it was again rejected; and he and his friends then threw their -whole influence in favor of the appointment of commissioners to attend -the commercial convention, and succeeded,--Hamilton himself being -appointed one of them.[365] - -This great step having been taken, the course of the State of New York -upon the revenue system of 1783, which brought her at length to an open -controversy with Congress, tended strongly to aid the plans of Hamilton, -and finally gave him the ascendency in the State itself. The -legislature, in May, 1786, passed an act for granting imposts and duties -to the United States, and soon afterwards adjourned. It was immediately -pronounced by Congress not to be a compliance with their recommendation, -and the Governor was earnestly requested to reassemble the legislature. -This he declined to do, upon the ground of a want of constitutional -power. Congress again urged the summoning of the legislature, for the -purpose of granting the system of impost in such a manner as to enable -them to carry it into effect, and the Governor again refused.[366] - -Arrived at Annapolis, Hamilton found there the representatives of five -States only.[367] He had come with the determination that the Convention -should lay before the country the whole subject of the condition of the -States and the want of an efficient federal government. But the avowed -purpose of the meeting was solely to consider the means of establishing -a uniform system of commercial regulations, and not to reform the -existing government of the Union. New Jersey alone, of the five States -represented, had empowered her commissioners to consider of "other -important matters," in addition to the subject of commercial -regulations. Four other States had appointed commissioners, none of whom -had attended; and the four remaining States had made no appointments at -all.[368] - -Under these circumstances, it was certainly a matter of great delicacy -for the commissioners of five States only to pass upon the general -situation of the Union, and to pronounce its existing government -defective and insufficient. Hamilton, however, felt that this -opportunity, once lost, might never occur again; and although willing to -waive his original purpose of a full exposition of the defects of the -Confederation, he did not deem it expedient that the Convention should -adjourn without proposing to the country some measure that would lead to -the necessary reforms. He modified his original plan, therefore, and -laid before his colleagues a report, which formally proposed to the -several States the assembling of a general convention, to take into -consideration the situation of the United States. - -In this document, it was declared that the regulation of trade, which -had been made the object of the meeting at Annapolis, could not be -effected alone, for the power of regulating commerce would enter so far -into the general system of the federal government, that it would require -a corresponding adjustment of the other parts of the system. That the -system of the general government was seriously defective; that those -defects were likely to be found greater on a close inspection; that they -were the cause of the embarrassments which marked the state of public -affairs, foreign and domestic; and that some mode by which they could be -peaceably supplied was imperatively demanded by the public -necessities,--were propositions which the country was then prepared to -receive. A convention of deputies from the different States, for the -special and sole purpose of investigating the defects of the national -government, seemed to be the course entitled to preference over all -others.[369] - -It was indeed the only method by which the object of the great statesman -who drafted this report could have been reached. The Articles of -Confederation had provided, that they should be inviolably observed by -every State; that the Union should be perpetual; and that no alteration -should be made in any of the Articles, unless agreed to in a Congress of -the United States, and confirmed by the legislature of every State.[370] -To have left the whole subject to the action of Congress would have -insured, at most, only a change in some of the features of the existing -government, instead of the great reform which Hamilton believed to be -essential,--the substitution of a totally different system. At the same -time, the coöperation and assent of Congress were necessary to the -success of the plan of a convention, in order that it might not seem to -be a violent departure from the provisions of the Articles of -Confederation, and also for the sake of their influence with the States. -The proposal of the report was therefore cautious. It did not suggest -the summoning of a convention to frame a new constitution of government, -but "to devise such further provisions as might appear to be necessary -to render the constitution of the federal government adequate to the -exigencies of the Union." It proposed also, that whatever reform should -be agreed on by the convention should be reported to Congress, and, when -agreed to by them, should be confirmed by the _legislatures_ of all the -States. In this manner, the proposal avoided any seeming violence to the -Articles of Confederation, and suggested the convention as a body to -prepare for the use of Congress a plan to be adopted by them for -submission to the States.[371] - -At the same time, Hamilton undoubtedly contemplated more than any -amendment of the existing constitution. In 1780, he had analyzed the -defects of the general government, sketched the outline of a Federal -Constitution, and suggested the calling of a convention to frame such a -system.[372] The idea of such a convention was undoubtedly entertained, -by many persons, before the meeting at Annapolis. It had been -recommended by the legislature of New York in 1782, and by that of -Massachusetts in 1785. But Hamilton had foreseen its necessity in 1780, -more than seven years before the meeting at Annapolis; and, although he -may not have been the author of the first public proposal of such a -measure, his private correspondence contains the first suggestion of it, -and proves that he had conceived the main features of the Constitution -of the United States, even before the Confederation itself was -established.[373] - -The recommendation of the Annapolis commissioners was variously -received. In the legislature of Virginia it met with a cordial approval, -and an act was passed during the autumn to provide for the appointment -of delegates to the proposed convention. In Congress, it was received at -first with little favor. Doubts were entertained there whether any -changes in the federal government could be constitutionally made, -unless they were to originate in Congress and were then to be adopted by -the legislatures of the States, pursuant to the mode provided by the -Articles of Confederation. The legislatures, it was argued, could not -adopt any scheme that might be proposed by a convention; and if it were -submitted to the people, it was not only doubtful what degree of assent -on their part would make it valid, but it was also doubtful whether -they could change the Federal Constitution by their own direct action. -To these difficulties was to be added the further hazard, that, if the -report of the convention should be made to Congress, as proposed, they -might not finally adopt it, and if it should be rejected, that fatal -consequences would ensue.[374] - -The report of the Annapolis commissioners was, however, taken into -consideration; and in the course of the following winter a report upon -it was made in Congress, which conceded the fact that the Confederation -required amendments, and that the proposed convention was the most -eligible mode of effecting them.[375] But this report had to encounter -the objection, entertained by many members, that the measure proposed -would tend to weaken the federal authority, by lending the sanction of -Congress to an extra-constitutional proceeding. Others considered that a -more summary mode of proceeding was advisable, in the form of a direct -appeal to the people of every State to institute State conventions, -which should choose delegates to a general convention, to revise and -amend, or change, the federal system, and to publish the new -constitution for general observance, without any reference to the -States, for their acceptance or confirmation.[376] There were still -others, who preferred that Congress should take up the defects of the -existing system, point them out to the legislatures of the States, and -recommend certain distinct alterations to be adopted by them.[377] - -It was no doubt true, that a convention originating with the State -legislatures was not a mode pointed out by the Articles of Confederation -for effecting amendments to that instrument. But it was equally true, -that the mere amendment of that instrument was not what the critical -situation of the country required. On the other hand, a convention -originating with the people of the States would undoubtedly rest upon -the authority of the people, in its inception; but, if the system which -it might frame were to go into operation without first being adopted by -the people, it would as certainly want the true basis of their consent. -These difficulties were felt in and out of Congress. But it does not -seem to have occurred to those who raised them, that the source from -which the convention should derive its powers to frame and recommend a -new system of government was of far less consequence, than that the mode -in which the system recommended should be adopted, should be one that -would give it the full sanction and authority of the people themselves. -A constitution might be framed and recommended by any body of -individuals, whether instituted by the legislatures or by the people of -the States; but if adopted and ordained by the States in their corporate -capacities, it would rest on one basis, and if adopted and ordained by -the people of the States, acting upon it directly and primarily, it -would obviously rest upon another, a different, and a higher authority. - -The latter mode was not contemplated by Congress when they acted upon -the recommendation of the Annapolis commissioners. Accustomed to no -other idea of a union than that formed by the States in their corporate -capacities as distinct and sovereign communities; belonging to a body -constituted by the States, and therefore officially related rather to -the governments than to the people of the States; and entertaining a -becoming and salutary fear of departing from a constitution which they -had been appointed to administer,--the members of the Congress of -1786-87 were not likely to go beyond the Annapolis recommendation, which -in fact proposed that the new system should be confirmed by the -legislatures of the States. - -But the course of events tended to a different result,--to an actual, -although a peaceable revolution, by the quiet substitution of a new -government in place of the old one, and resting upon an entirely -different basis. While Congress were debating the objections to a -convention, the necessity for action became every day more stringent. -The insurrection in Massachusetts, which had followed the meeting of the -commissioners at Annapolis and had reached a dangerous crisis when their -report was before Congress, had alarmed the people of the older States -by the dangers of an anarchy with which the existing national government -would be obviously unable to cope. The peril of losing the navigation of -the Mississippi, and with it the Western settlements, through the -inefficiency of Congress, was also at that moment impending; while, at -the same time, the commerce of the country was nearly annihilated by a -course of policy pursued by England, which Congress was utterly unable -to encounter. Under these dangers and embarrassments, a state of public -opinion was rapidly developed, in the winter of 1787, which drove -Congress to action. The objections to the proposal before them yielded -gradually to the stern requirements of necessity, and a convention was -at last accepted, not merely as the best, but as the only practicable, -mode of reaching the first great object by which an almost despairing -country might be reassured of its future welfare. - -The final change in the views of Congress in regard to a convention was -produced by the action of the legislature of New York. In that body, as -we have seen, the impost system had been rejected, in the session of -1786, and the Governor of the State had even refused to reassemble the -legislature for the reconsideration of this subject. A new session -commenced in January, 1787, in the city of New York, where Congress was -also sitting. A crisis now occurred, in which the influence of Hamilton -was exerted in the same manner that it had been in the former session, -and with a similar result. On that occasion he had followed up the -rejection of the impost system with a resolve for the appointment of -commissioners to attend the meeting at Annapolis. It was now his -purpose, in case the impost system should be again rejected, to obtain -the sanction of Congress to the recommendation of a convention, made by -the Annapolis commissioners. This, he was aware, could be effected only -by inducing the legislature of New York to instruct the delegates of -their State in Congress to move and vote for that decisive measure. The -majority of the members of Congress were indisposed to adopt the plan of -a convention; and although they might be brought to recommend it at the -instance of a State, they were not inclined to do so spontaneously.[378] -The crisis required, therefore, all the address of Hamilton and of the -friends of the Union, to bring the influence of one of these bodies to -bear upon the other. - -The reiterated recommendation by Congress of the impost system, now -addressed solely to the State of New York, who remained alone in her -refusal, necessarily occupied the earliest attention of the new -legislature.[379] A warm discussion upon a bill introduced for the -purpose of effecting the grant as Congress had asked for it, ended, on -the 15th of February, in its defeat. The subject of a general convention -of the States, according to the plan of the Annapolis commissioners, was -then before Congress, on the report of a grand committee;[380] and -Congress were hesitating upon its expediency. At this critical juncture, -Hamilton carried a resolution in the legislature of New York, -instructing the delegates of that State in Congress to move for an act -recommending the States to send delegates to a convention for the -purpose of revising the Articles of Confederation, which, four days -afterwards, was laid before Congress.[381] - -Virginia and North Carolina had already chosen delegates to the -Convention, in compliance with the recommendation from Annapolis; and -Massachusetts was about to make such an appointment, under the influence -of her patriotic Bowdoin. In this posture of affairs, although the -proposition of the New York delegation failed to be adopted,[382] the -fact that she had thus solicited the action of Congress was of decisive -influence, when the members from Massachusetts followed it immediately -by a resolve more acceptable to a majority of the assembly.[383] - -The recommendation, as it went forth from Congress, was strictly limited -to a revision of the Articles of Confederation, by a convention of -delegates, and the alterations and new provisions were to be reported to -Congress, and were to be agreed to in Congress and confirmed by the -States. Thus the resolution pursued carefully the mode of amendment and -alteration provided by the Articles of Confederation, except that it -interposed a convention for the purpose of originating the changes to be -proposed in the existing form of government; adding, however, the great -general purpose of rendering the Federal Constitution adequate to the -exigencies of government and the preservation of the Union. - -The point thus gained was of vast and decisive importance. That Congress -should forego the right of originating changes in the system of -government;[384] that it should advise the States to confer that power -upon another assembly; and that it should sanction a general revision -of the Federal Constitution, with the express declaration of its present -inadequacy,--were all preliminaries essential to a successful reform. -Feeble as it had become from the overgrown vitality of State power, and -from the lack of numbers and talent upon its roll, it was still the -government of the Union; the Congress of America; the lineal successors -of that renowned assembly which had defied the power of England, and -brought into existence the thirteen United States. If it stood but the -poor shadow of a great name, it was still a name with which to do more -than conjure; for it bore a constitutional relation to the States, still -reverenced by the wise and thoughtful, and still necessary to be -regarded by all who desired the security of constitutional liberty. The -risk of immediate attempts to establish a monarchical form of government -was not inconsiderable. The risk that civil confusion would follow a -longer delay to provide for the pressing wants of the country was -greater. Dejection and despondency had taken hold of many minds of the -highest order; while the great body of the people were desiring a change -which they could not define, and which they feared, while they invited -its approach. In such a state of things, considerate men were naturally -unwilling to turn entirely away from Congress, or to exclude its agency -altogether from the processes of reform, and to embark upon the -uncertain sea of political experiment, without chart or rule to guide -their course; for no man could tell what projects, what schemes, and -what influences might arise to jeopard those great principles of -republican liberty on which the political fabric had rested from the -Declaration of Independence to the present hour of danger and distress. - -For the wise precedent, thus established, of placing the formation of a -new government under the direct sanction of the old one, the people of -this country are indebted chiefly to Hamilton. Nothing can be more -unfortunate, in any country, than the necessity or the rashness which -sweeps away an established constitution, before a substitute has been -devised. Whether the interval be occupied by provisional arrangements or -left to a more open anarchy, it is an unfit season for the creation of -new institutions. At such a time, the crude projects of theorists are -boldly intruded among the deliberations of statesmen; despotism lies in -wait for the hazards by which liberty is surrounded; the multitude are -unrestrained by the curb of authority; and society is exposed to the -necessity of accepting whatever is offered, or of submitting to the -first usurper who may seize the reins of government, because it has -nothing on which to rest as an alternative. True liberty has gained -nothing, in any age or country, from revolutions, which have excluded -the possibility of seeking or obtaining the assent of existing power to -the reforms which the progress of society demands. - -In the days when the Confederation was tottering to its fall; when its -revenues had been long exhausted; and when its Congress embraced, in -actual attendance, less than thirty delegates from only eleven of the -States, it would have been the easy part of a demagogue to overthrow it -by a sudden appeal to the passions and interests of the hour, as the -first step to a radical change.[385] But the great man, whose mature and -energetic youth, trained in the school of Washington, had been devoted -to the formation and establishment of the Union, knew too well, that, if -its golden cord were once broken, no human agency could restore it to -life. He knew the value of habit, the respect for an established, -however enfeebled authority; and while he felt and insisted on the -necessity for a new constitution, and did all in his power to make the -country perceive the defects of the old one, he wisely and honestly -admitted that the assent of Congress must be gained to any movement -which proposed to remedy the evil. - -But the reason for not moving the revision of the system of government -by Congress itself was one that could not be publicly stated. It was, -that the highest civil talent of the country was not there. The men to -whom the American people had been accustomed to look in great -emergencies,--the men who were called into the Convention, and whose -power and wisdom were signally displayed in its deliberations,--were -then engaged in other spheres of public life, or had retired to the -repose which they had earned in the great struggle with England. Had the -attempt been made by Congress itself to form a constitution for the -acceptance of the States, the controlling influence and wisdom of -Washington, Franklin's wide experience and deep sagacity, the unrivalled -capacities of Hamilton, the brilliant powers of Gouverneur Morris, -Pinckney's fertility, and Randolph's eloquence, with all the power of -their eminent colleagues and all the strength of principle and of -character which they brought to the Convention, would have been withheld -from the effort. One great man, it is true, was still there. Madison was -in Congress; and Madison's part in the framing of the Constitution was -eminently conspicuous and useful. But without the concentration of -talent which the Convention drew together, representing every interest -and every part of the Union, nothing could have been presented to the -States, by the Congress of 1787, which would have commanded their -assent. The Constitution owed as much, for its acceptance, to the weight -of character of its framers, as it did to their wisdom and ability, for -the intrinsic merits which that weight of character enforced. - -It was fortunate, also, that Congress did nothing more than to recommend -the Convention, without undertaking to define its powers. The doubts -concerning its legality, which led many persons of great influence to -hesitate in sanctioning it, were thus removed, and the States were left -free to join in the movement, as an expedient to discover and remedy the -defects of the federal government, without fettering their delegates -with explicit instructions.[386] In this way the Convention, although -experimental and anomalous, derived its influence from the sources in -which it originated, and was enabled, though not without difficulty, to -meet the crisis in which the country was placed. That crisis was one of -a singular character; for the continued existence of the Union, and the -fate of republican governments, were both involved. It was felt and -admitted by the wisest men of that day, that if the Convention should -fail in devising and agreeing upon some system of government, at once -capable of pervading the country with an efficient control, and -essentially republican in its form, the Federal Union would be at an -end. But its dissolution, in the state in which the country then was, -must have been followed by an attempt to establish monarchical -government; because the State institutions were destitute of the -strength necessary to encounter the agitation which would have followed -the downfall of the federal power, and yet some substitute for that -power must have been found. But without civil war, and the most -frightful social convulsions, nothing in the nature of monarchy could -ever have been established in this country after the Revolution. "Those -who lean to a monarchical government," said Washington, "have either not -consulted the public mind, or they live in a region which (the levelling -principles in which they were bred being entirely eradicated) is much -more productive of monarchical ideas than is the case in the Southern -States, where, from the habitual distinctions which have always existed -among the people, one would have expected the first generation and the -most rapid growth of them. I am also clear, that, even admitting the -utility, nay, necessity, of the form, the period is not arrived for -adopting the change without shaking the peace of this country to its -foundation. That a thorough reform of the present system is -indispensable, no one, who has a capacity to judge, will deny; and with -hand and heart I hope the business will be essayed in a full convention. -After which, if more powers and more decision are not found in the -existing form, if it still wants energy and that secrecy and despatch -(either from the non-attendance or the local views of its members) which -are characteristic of good government, and if it shall be found (the -contrary of which, however, I have always been more afraid of than the -abuse of them) that Congress will, upon all proper occasions, exert the -powers which are given with a firm and steady hand, instead of -frittering them back to the States, where the members, in place of -viewing themselves in their national character, are too apt to be -looking,--I say, after this essay is made, if the system proves -inefficient, conviction of the necessity of a change will be -disseminated among all classes of the people. Then, and not till then, -in my opinion, can it be attempted without involving all the evils of -civil discord."[387] - -There were other difficulties besides those which may be called legal, -or technical, attending this effort to revise the system of the federal -government. The failure of that system, as it had been put in operation -in 1781, had, to a great extent, chilled the hopes of many of the best -statesmen of America. It had been established under auspices which -seemed to promise far different fruits from those it had actually -produced. Its foundations were laid in the patriotism and national -feeling of the States. The concessions which had been made to secure a -union of republics, having various, and, in some respects, conflicting -interests, seemed at first to guarantee the prompt and faithful -performance of its obligations. But this fair promise had melted into -most unsubstantial performance. The Confederation was framed upon a -principle which never has enabled, and probably never will enable, a -government to become effective and permanent,--the principle of a -league. - -Another and a very serious cause for discouragement was the sectional -jealousy and State pride which had been constantly growing, from the -Declaration of Independence to the time when the States were called upon -to meet each other upon broader grounds, and to make even larger -sacrifices than at any former period. It is difficult to trace to all -its causes the feeling which has at times arrayed the different -extremities of this Union against each other. It was very early -developed, after the different provinces were obliged to act together -for their great mutual objects of political independence; but, even in -its highest paroxysms, it has always at last found an antidote in the -deeper feelings and more sober calculations of a consistent patriotism. -Perhaps its prevalence and activity may with more truth be ascribed, in -every generation, to the ambition of men who find in it a convenient -instrument of local influence, rather than to any other cause. It is -certain, that, when it has raged most violently, this has been its chief -aggravating element. The differences of neither manners, institutions, -climate, nor pursuits would at any time have been sufficient to create -the perils to which the Union of the States has occasionally been -exposed, without the mischievous agency of men whose personal objects -are, for the time, subserved by the existence of such peculiarities. The -proof of this is to be found in the fact, that the seasonable sagacity -of the people has always detected the motives of those who have sought -to employ their passions, and has compelled them at last to give way to -that better order of men who have appealed to their reason. - -The difficulty of getting the assent of all the States to radical -changes in the federal system, and the uncertainty as to the mode in -which such changes could be effectively adopted, were also among the -reasons which led many persons to regard the Convention as an experiment -of doubtful expediency. The States had hitherto acted only in their -corporate capacities, in all that concerned the formation and -modification of the Union. The idea of a Union founded on the direct -action of the people of the States, in a primary sense, and proceeding -to establish a federal government, of limited powers, in the same manner -in which the people of each State had established their local -constitutions, had not been publicly broached, and was not generally -entertained. Indeed, there was no expectation on the part of any State, -when the delegates to the Convention were appointed, that any other -principle would be adopted as the basis of action, than that by which -the Articles of Confederation contemplated that all changes should be -effected by the action of the States assembled in Congress, confirmed by -the unanimous assent of the different State legislatures. - -The prevailing feeling, among the higher statesmen of the country, was, -that the Convention was an experiment of doubtful tendency, but one that -must nevertheless be tried. Washington, Madison, Jay, Knox, Edmund -Randolph, have all left upon record the evidence of their doubts and -their fears, as well as of their convictions of the necessity for this -last effort in favor of the preservation of a republican form of -government.[388] Hamilton advanced to meet the crisis, with perhaps -less hesitation than any of the Revolutionary statesmen. His great -genius for political construction; his large knowledge of the means by -which a regulated liberty may be secured; and the long study with which -he had contemplated the condition of the country, led him to enter the -Convention with more of eagerness and hope than most of its members. He -saw, with great clearness, that the difficulty which embarrassed nearly -all his contemporaries--the question of the mode of enacting a new -constitution--was capable of solution. He did not propound that solution -in advance of the assembling of the Convention; for it was eminently -necessary that the States should not be alarmed by the suggestion of a -principle so novel and so unlike the existing theory of the Union. But -he was fully prepared to announce it, so soon as it could be received -and acted upon. - - * * * * * - -It was under such auspices and with such views that the Convention -assembled at Philadelphia, on the fourteenth day of May in the year -seventeen hundred and eighty-seven. - -At that time, the world had witnessed no such spectacle as that of the -deputies of a nation, chosen by the free action of great communities, -and assembled for the purpose of thoroughly reforming its constitution, -by the exercise, and with the authority, of the national will. All that -had been done, both in ancient and in modern times, in forming, -moulding, or modifying constitutions of government, bore little -resemblance to the present undertaking of the States of America. Neither -among the Greeks nor the Romans was there a precedent, and scarcely an -analogy. The ancient leagues of some of the cities or republics of -Greece did not amount to constitutions, in the sense of modern political -science; and the Roman republic was but the domination of a single race -of the inhabitants of a single city. - -In modern Europe, we find no trace of political science until after the -nations were divided, and partial limits set to the different orders and -powers of the state. The feudal system, which acknowledged no relations -in society but those of lord and serf, necessarily forbade all -consideration of any forms of government which were not essentially -founded on that relation; and it was not until that relation had been in -some degree broken in upon, that there began to be any thing like -theoretical inquiries into natural rights. When this took place,--at the -end, or towards the end, of the Middle Ages,--the peculiar forms of the -European governments gave rise to inquiries into the relation of -sovereign and subject. From the beginning of the fifteenth down to the -end of the seventeenth century, there were occasional discussions on the -Continent, growing out of particular events, of such questions as the -right of the people to depose bad princes, and how far it was lawful to -resist oppression. But questions of constitutional form, or of the right -of the people to arrange and distribute the different powers of -government, or the best mode of doing it, did not arise at all. - -In England, from the time of the Conquest, until Magna Charta had gone -far towards destroying the system, a feudal monarchy had precluded all -questions touching the form or the spirit of government. The chief -traits of the present constitution, which arose in a great measure from -the circumstance that the lower orders of the nobility became gradually -so much amalgamated with the people as to give rise to the distinct -power of the commons, have all along been inconsistent with the -enactment of new forms of civil polity; although from the time of the -Reformation to the Revolution of 1688, the active principles of English -freedom have, at different junctures, made advances of the utmost -importance. The foundations on which the Stuarts sought to establish -their throne were directly at variance with the spirit and principles of -the Reformation, which totally denied the doctrine of passive and -unlimited obedience, and which led to the struggles that gave birth to -the Puritans. Those severe reformers, whose church constitution was -purely republican, naturally sought to carry its principles into the -state. The result was the Parliamentary troubles of James the First, the -execution of Charles the First under the forms of judicial proceeding, -and the despotism of Cromwell under the forms of a commonwealth. Charles -the Second returned, untaught by all that had happened, to attempt the -reëstablishment of the Stuart principles of unlimited obedience; and -James the Second, who naturally united to them the Catholic religion, -being driven from his kingdom, the question arose of a vacant throne, -and how it should be filled. In all these events, however, from the -death of Elizabeth to the great discussions which followed the -abdication of James the Second, the idea of calling upon the people of -England to frame a government of their own choice, and to define the -limits and powers of its various departments, never arose. The -Convention Parliament discussed, and were summoned to discuss, but a -single fundamental question,--that involving the disposal of the crown. - -Still, the political troubles of England gave rise to many theoretical -discussions of natural right, and of the origin and structure of -society. As soon as Charles the First was executed, this discussion -arose abroad, from his friends, who wrote, or influenced others to -write, in defence of the divine right of kings. Hobbes and Filmer -followed, in England, on the same side, and Milton, Locke, and Algernon -Sidney vindicated the natural and inalienable rights of the subject and -the citizen. In the works of these great writers, the foundations of -society are examined with an acuteness which has left little to be done -in the merely speculative part of political inquiry. But the practical -effect of their theories never went farther than the promotion, to a -greater or less extent, of the particular views which they desired to -inculcate concerning the existing constitution, or the particular events -out of which the discussions arose. - -Nor should we forget what had been done in France, by the wise and -cautious Montesquieu, or by the vehement and passionate Rousseau, and -the writers of his school. The former, drawing all his views from -history and experience, undertook to show, from the antecedents of each -state, the character of its constitution, to explain and develop its -peculiar properties, and thence to determine the principles on which its -legislation should proceed. The latter, starting from an entirely -opposite point, and designing to write a treatise on Politics in the -widest sense of the term, became a mere theorist, and produced only -certain brilliant speculations upon the social compact, of a purely -democratic character, as fragments of a work which he never finished. -The crowd of writers, too, who preceded, and in part created the French -Revolution, which was just commencing its destructive activity as our -Constitution was formed, really contributed nothing of practical value -to the solution of such great questions as the mode of forming, vesting, -and distributing the various branches of sovereign power. - -Thus there was little for American statesmen of that day to look to, in -the way of theories which had been practically proved to be sound and -useful. The constitution of England, it is true, presented to them -certain great maxims, the application of which was not unsuited to the -circumstances and habits of a people whose laws and institutions had -been derived from their English ancestors and their English blood. But -the constitution of England, embracing the three estates of King, Lords, -and Commons, had become what it was, only by the extortion from the -crown of the rights and privileges of the two orders of the people. The -American Revolution, on the other hand, had settled, as the fundamental -principle of American society, that all sovereignty resides originally -in the people; that they derive no rights by way of grant from any other -source; and consequently, that no powers or privileges can exist in any -portion of the people as distinct from the whole. The English -constitution could, therefore, furnish only occasional analogies for -particular details in the structure of departments, which might after -all really require to be founded on different fundamental principles. -But the great problem to be solved--for which English experience was of -no value--was, so to parcel out those portions of original sovereignty, -which the people of the States might be willing to withdraw from their -State institutions, as to constitute an efficient federal republic, -which yet would not control and absorb the powers that might be -reserved. But to comprehend the results that were accomplished, and to -understand the true nature of the system bequeathed to us, it is -indispensable to examine in detail the means and processes by which it -was formed. Before we turn, however, to this great subject, the -characters of the principal framers of the Constitution demand our -attention. - -FOOTNOTES: - -[351] "The war, as you have very justly observed," General Washington -wrote to James Warren of Massachusetts, in October, 1785, "has -terminated most advantageously for America, and a fair field is -presented to our view; but I confess to you, my dear Sir, that I do not -think we possess wisdom or justice enough to cultivate it properly. -Illiberality, jealousy, and local policy mix too much in all our public -counsels for the good government of the Union. In a word, the -Confederation appears to me to be little more than a shadow without the -substance, and Congress a nugatory body, their ordinances being little -attended to. To me it is a solecism in politics; indeed, it is one of -the most extraordinary things in nature, that we should confederate as a -nation, and yet be afraid to give the rulers of that nation (who are the -creatures of our own making, appointed for a limited and short duration, -and who are amenable for every action and may be recalled at any moment, -and are subject to all the evils which they may be instrumental in -producing) sufficient powers to order and direct the affairs of the -same. By such policy as this, the wheels of government are clogged, and -our brightest prospects, and that high expectation which was entertained -of us by the wondering world, are turned into astonishment; and, from -the high ground on which we stood, we are descending into the vale of -confusion and darkness. - -"That we have it in our power to become one of the most respectable -nations upon earth, admits, in my humble opinion, of no doubt, if we -would but pursue a wise, just, and liberal policy towards one another, -and keep good faith with the rest of the world. That our resources are -ample and increasing, none can deny; but while they are grudgingly -applied, or not applied at all, we give a vital stab to public faith, -and shall sink, in the eyes of Europe, into contempt. - -"It has long been a speculative question among philosophers and wise -men, whether foreign commerce is of real advantage to any country; that -is, whether the luxury, effeminacy, and corruptions which are introduced -along with it are counterbalanced by the convenience and wealth which it -brings. But the decision of this question is of very little importance -to us. We have abundant reason to be convinced that the spirit of trade -which pervades these States is not to be repressed. It behooves us, -then, to establish just principles; and this cannot, any more than other -matters of national concern, be done by thirteen heads differently -constructed and organized. The necessity, therefore, of a controlling -power, is obvious; and why it should be withheld is beyond my -comprehension." Writings, IX. 139-141. - -[352] They are named in this order, because it represents the order in -which they respectively acted upon the enlargement of the federal -powers. - -[353] One of the necessary and immediate effects of the Revolution of -course was, the loss of the exclusive commercial advantages which this -country had enjoyed with Great Britain and her dependencies; and the -prohibitory acts and impositions, which fell with their full weight on -the American trade, after the peace, were particularly disastrous to the -trade of Massachusetts. The whale fishery, a business of great -importance, had brought into the Province, before the war, 172,000 -guineas per annum, giving employment to American seamen, and not -requiring the use of any foreign materials, except a small quantity of -cordage. A duty was now laid on whale oil in England of £18 per tun. In -addition to the loss thus sustained, the exportation of lumber and -provisions in American bottoms to the West Indies was entirely -prohibited. Another great inconvenience, which came in fact to be -intolerable, was the vast influx of British goods, consigned to English -factors for sale, depriving the native merchants, manufacturers, and -artisans of the market. At the same time, the revenue of the State, -derived from impost and excise duties and a tax on auctions of one per -cent., fell short of the annual interest on the private debt of the -State, 30,000 pounds (currency) per annum, and a tax of 20,000 pounds -(currency) was computed to be necessary to cancel the debt, principal -and interest, in fifteen years, and pay the ordinary charges of the -government. Besides this, the State's proportion of the federal debt was -to be provided for. It was in this state of things that two remarkable -popular meetings were held in Boston, in the spring of 1785, to act upon -the subject of trade and navigation, and to call the attention of -Congress to the necessity for a national regulation of commerce. The -first was a meeting of the merchants and tradesmen, convened at Faneuil -Hall on the 18th of April. They appointed a committee to draft a -petition to Congress, representing the embarrassments under which the -trade was laboring, and took measures to cause the legislature to call -the attention of the delegation in Congress to the importance of -immediate action upon the subject. They also established a committee of -correspondence with the merchants in the other seaports of the United -States, to induce a similar action; and they entered into a pledge not -to purchase any goods of the British merchants and factors residing in -Boston, who had made very heavy importations, which tended to drain the -specie of the State. The other meeting was an assembly of the artisans -and mechanics, held at the Green Dragon Tavern, on the 28th of April, at -which similar resolutions were adopted. It is quite apparent, from these -proceedings, that all branches of industry were threatened with ruin; -and in the efforts to counteract the effects of the great influx of -foreign commodities, we trace the first movements of a popular nature -towards a national control over commerce. - -[354] Governor Bowdoin's first Message to the Legislature, May 31, 1785. - -[355] July 1, 1785. - -[356] The delegation at that time consisted of Elbridge Gerry, Samuel -Holten, and Rufus King. Their "Reasons assigned for suspending the -delivery to Congress of the Governor's letter for revising and altering -the Confederation" may be found in the Life of Hamilton, II. 353. See -also Boston Magazine for 1785, p. 475. - -[357] November 25, 1785. - -[358] Letter of Messrs. Gerry, Holten, and King, delegates in Congress, -to the Governor of Massachusetts, assigning reasons for suspending the -delivery of his letter to Congress, dated September 3, 1785. Life of -Hamilton, II. 353, 357. "We are apprehensive," said they, "and it is our -duty to declare it, that such a measure would produce throughout the -Union an exertion of the friends of an aristocracy to send members who -would promote a change of government; and we can form some judgment of -the plan which such members would report to Congress. But should the -members be altogether republican, _such have been the declamations of -designing men_ against the Confederation generally, against the rotation -of members, which, perhaps, is the best check to corruption, and against -the mode of altering the Confederation by the unanimous consent of the -legislatures, which effectually prevents innovations in the articles by -intrigue or surprise, that we think there is great danger of a report -which would invest Congress with powers that the honorable legislature -have not the most distant intention to delegate." - -[359] November 30th, 1785. - -[360] The resolution introduced on the 30th of November was agreed to in -the Delegates, but before it was carried up to the Senate, it was -reconsidered and laid upon the table. Elliot's Debates, I. 114, 115. -Letter of Mr. Madison to General Washington, of December 9, 1785, -Washington's Works, IX. 508. - -[361] What direct agency General Washington had in suggesting or -promoting this scheme, does not appear; although it seems to have -originated, or to have been agreed upon, at his house. His published -correspondence contains no mention of the visit of the commissioners; -but Chief Justice Marshall states that such a visit was made, and in -this statement he is followed by Mr. Sparks. (Marshall, V. 90; Sparks, -I. 428.) Mr. Madison, writing to General Washington in December, 1785, -refers to "the proposed appointment of commissioners for Virginia and -Maryland, _concerted at Mount Vernon_, for keeping up harmony in the -commercial regulations of the two States," and says that the meeting of -commissioners from all the States, which had then been proposed, "seems -naturally to grow out of it." (Washington's Writings, IX. 509.) - -That Washington foresaw that the plan agreed upon at his house in March -would lead to a general assembly of representatives of all the States, -seems altogether probable, from the opinions which he entertained and -expressed to his correspondents, during that summer, upon the subject of -conferring adequate commercial powers upon Congress. (See his Letters to -Mr. McHenry and Mr. Madison of August 22d and November 30th, Writings, -IX. 121, 145.) - -[362] This resolution, passed January 21, 1786, was in these words: -"_Resolved_, That Edmund Randolph, James Madison, Jr., Walter Jones, St. -George Tucker, Meriweather Smith, David Ross, William Ronald, and George -Mason, Esquires, be appointed commissioners, who, or any five of whom, -shall meet such commissioners as may be appointed by the other States in -the Union, at a time and place to be agreed on, to take into -consideration the trade of the United States; to examine the relative -situation and trade of the said States; to consider how far a uniform -system in their commercial regulations may be necessary to their common -interest and their permanent harmony; and to report to the several -States such an act relative to this great object, as, when unanimously -ratified by them, will enable the United States in Congress assembled -effectually to provide for the same; that the said commissioners shall -immediately transmit to the several States copies of the preceding -resolution, with a circular letter respecting their concurrence therein, -and proposing a time and place for the meeting aforesaid." - -[363] Rhode Island, Maryland, and Georgia. - -[364] "The committee," said the Report, "have thought it their duty -candidly to examine the principles of this system, and to discover, if -possible, the reasons which have prevented its adoption; they cannot -learn that any member of the Confederacy has stated or brought forward -any objections against it, and the result of their impartial inquiries -into the nature and operation of the plan has been a clear and decided -opinion, that the system itself is more free from well-founded -exceptions, and is better calculated to receive the approbation of the -several States, than any other that the wisdom of Congress can devise. -In the course of this inquiry, it most clearly appeared that the -requisitions of Congress for eight years past have been so irregular in -their operation, so uncertain in their collection, and so evidently -unproductive, that a reliance on them in future, as a source from whence -moneys are to be drawn to discharge the engagements of the Confederacy, -definite as they are in time and amount, would be not less dishonorable -to the understandings of those who entertain such confidence, than it -would be dangerous to the welfare and peace of the Union. The committee -are therefore seriously impressed with the indispensable obligation that -Congress are under of representing to the immediate and impartial -consideration of the several States, the utter impossibility of -maintaining and preserving the faith of the federal government by -temporary requisitions on the States, and the consequent necessity of an -early and complete accession of all the States to the revenue system of -the 18th of April, 1783." (Journals of Congress, XI. 35, 36. February -15, 1786.) - -[365] Life of Hamilton, II. 374, 375 - -[366] The legislature of New York were willing to grant the duties to -Congress, but insisted upon reserving the power of levying and -collecting them; and, instead of making the collectors amenable to and -removable by Congress, they made them removable by the State, on -conviction for default or neglect of duty in the State courts. This was -a material departure from the plan recommended by Congress, and was -entirely inconsistent with the grants already made by several of the -States. See the Report and proceedings in Congress on the New York Act, -July 27-August 23, 1786. Journals, XI. 153, 184, 197, 200. - -[367] New York was represented by Alexander Hamilton and Egbert Benson; -New Jersey by Abraham Clark, William C. Houston, and James Schureman; -Pennsylvania by Tench Coxe; Delaware by George Read, John Dickinson, and -Richard Bassett; Virginia by Edmund Randolph (Governor), James Madison, -Jr., and St. George Tucker. - -[368] General Knox, writing to General Washington under date of January -14, 1787, says: "You ask what prevented the Eastern States from -attending the September meeting at Annapolis. It is difficult to give a -precise answer to this question. Perhaps torpidity in New Hampshire; -faction and heats about their paper money in Rhode Island; and jealousy -in Connecticut. Massachusetts had chosen delegates to attend, who did -not decline until very late, and the finding of other persons to supply -their places was attended with delay, so that the convention had broken -up by the time the new-chosen delegates had reached Philadelphia." -Writings of Washington, IX. 513. - -[369] Report of the Annapolis Convention, Elliot's Debates, I. 116; -Hamilton's Works, II. 336. - -[370] Article XIII. - -[371] Report, ut supra. - -[372] See his letter to James Duane, written in 1780, Life, I. 284-305. - -[373] Ibid. The first public proposal of a continental convention is -assigned by Mr. Madison to one Pelatiah Webster, whom he calls "an able, -though not conspicuous citizen," and who made this suggestion in a -pamphlet published in May, 1781. Recent researches have not added to our -knowledge of this writer. In the summer of 1782, the legislature of New -York, under the suggestion of Hamilton, passed resolutions recommending -such a convention. On the 1st of April, 1783, Hamilton, in a debate in -Congress, expressed his desire to see a general convention take place. -In 1784, the measure was a good deal talked of among the members of -Congress, and in the winter of 1784-85, Noah Webster, an eminent -political writer in Connecticut, suggested "a new system of government, -which should act, not on the States, but directly on individuals, and -vest in Congress full power to carry its laws into effect." In 1786, the -subject was again talked of among members of Congress, before the -meeting at Annapolis. (Madison. Elliot, V. 117, 118.) But Hamilton's -letter to James Duane, in 1780, although not published at the time, was -of course earlier than any of these suggestions. In that letter, after -showing that the fundamental defect of the then existing system was a -want of power in Congress, he thus analyzes in advance the Articles of -Confederation, which had not then taken effect:--"But the Confederation -itself is defective, and requires to be altered. It is neither fit for -war nor peace. The idea of an uncontrollable sovereignty, in each State, -over its internal police, will defeat the other powers given to -Congress, and make our Union feeble and precarious. There are instances, -without number, where acts necessary for the general good, and which -rise out of the powers given to Congress, must interfere with the -internal police of the States; and there are as many instances in which -the particular States, by arrangements of internal police, can -effectually, though indirectly, counteract the arrangements of Congress. -You have already had examples of this, for which I refer to your own -memory. The Confederation gives the States, individually, too much -influence in the affairs of the army; they should have nothing to do -with it. The entire foundation and disposal of our military forces ought -to belong to Congress. It is an essential element of the Union; and it -ought to be the policy of Congress to destroy all ideas of State -attachment in the army, and make it look up wholly to them. For this -purpose, all appointments, promotions, and provisions whatsoever ought -to be made by them. It may be apprehended, that this may be dangerous to -liberty. But nothing appears more evident to me, than that we run much -greater risk of having a weak and disunited federal government, than one -which will be able to usurp upon the rights of the people. Already some -of the lines of the army would obey their States in opposition to -Congress, notwithstanding the pains we have taken to preserve the unity -of the army. If any thing would hinder this, it would be the personal -influence of the general,--a melancholy and mortifying consideration. -The forms of our State constitutions must always give them great weight -in our affairs, and will make it too difficult to blind them to the -pursuit of a common interest, too easy to oppose what they do not like, -and to form partial combinations, subversive of the general one. There -is a wide difference between our situation and that of an empire under -one simple form of government, distributed into counties, provinces, or -districts, which have no legislatures, but merely magistratical bodies -to execute the laws of a common sovereign. There the danger is that the -sovereign will have too much power, and oppress the parts of which it is -composed. In our case, that of an empire composed of confederate states, -each with a government completely organized within itself, having all -the means to draw its subjects to a close dependence on itself, the -danger is directly the reverse. It is, that the common sovereign will -not have power sufficient to unite the different members together, and -direct the common forces to the interest and happiness of the whole.... -The Confederation, too, gives the power of the purse too entirely to the -State legislatures. It should provide perpetual funds in the disposal of -Congress, by a land-tax, poll-tax, or the like. All imposts upon -commerce ought to be laid by Congress, and appropriated to their use; -for without certain revenues, a government can have no power; that power -which holds the purse-strings absolutely, must rule. This seems to be a -medium which, without making Congress altogether independent, will tend -to give reality to its authority. Another defect in our system is, want -of method and energy in the administration. This has partly resulted -from the other defect; but in a great degree from prejudice and the want -of a proper executive. Congress have kept the power too much in their -own hands, and have meddled too much with details of every sort. -Congress is properly a deliberative corps, and it forgets itself when it -attempts to play the executive. It is impossible that a body, numerous -as it is, constantly fluctuating, can ever act with sufficient decision, -or with system. Two thirds of the members, one half the time, cannot -know what has gone before them, or what connection the subject in hand -has to what has been transacted on former occasions. The members who -have been more permanent will only give information that promotes the -side they espouse, in the present case, and will as often mislead as -enlighten. The variety of business must distract, and the proneness of -every assembly to debate must at all times delay. Lastly, Congress, -convinced of these inconveniences, have gone into the measure of -appointing boards. But this is, in my opinion, a bad plan. A single man, -in each department of the administration, would be greatly preferable. -It would give us a chance of more knowledge, more activity, more -responsibility, and, of course, more zeal and attention. Boards partake -of the inconveniences of larger assemblies; their decisions are slower, -their energy less, their responsibility more diffused. They will not -have the same abilities and knowledge as an administration by single -men. Men of the first pretensions will not so readily engage in them, -because they will be less conspicuous, of less importance, have less -opportunity of distinguishing themselves. The members of boards will -take less pains to inform themselves and arrive at eminence, because -they have fewer motives to do it. All these reasons conspire to give a -preference to the plan of vesting the great executive departments of the -state in the hands of individuals. As these men will be, of course, at -all times under the direction of Congress, we shall blend the advantages -of a monarchy in one constitution.... I shall now propose the remedies -which appear to me applicable to our circumstances, and necessary to -extricate our affairs from their present deplorable situation. The first -step must be to give Congress powers competent to the public exigencies. -This may happen in two ways: one, by resuming and exercising the -discretionary powers I suppose to have been originally vested in them -for the safety of the States, and resting their conduct on the candor of -their countrymen and the necessity of the conjuncture; the other, _by -calling immediately a convention of all the States_, with full authority -to conclude finally upon a general confederation, stating to them -beforehand explicitly the evils arising from a want of power in -Congress, and the impossibility of supporting the contest on its present -footing, that the delegates may come possessed of proper sentiments, as -well as proper authority, to give efficacy to the meeting. _Their -commission should include a right of vesting Congress with the whole or -a proportion of the unoccupied lands, to be employed for the purpose of -raising a revenue, reserving the jurisdiction to the States by whom they -are granted._ The Confederation, in my opinion, should give Congress a -complete sovereignty; except as to that part of internal police which -relates to the rights of property and life among individuals, and to -raising money by internal taxes. It is necessary that every thing -belonging to this should be regulated by the State legislatures. -Congress should have complete sovereignty in all that relates to war, -peace, trade, finance; and to the management of foreign affairs; the -right of declaring war, of raising armies, officering, paying them, -directing their motions in every respect; of equipping fleets, and doing -the same with them; of building fortifications, arsenals, magazines, -&c.; of making peace on such conditions as they think proper; of -regulating trade, determining with what countries it shall be carried -on; granting indulgences; laying prohibitions on all the articles of -export or import; imposing duties, granting bounties and premiums for -raising, exporting, or importing; and applying to their own use the -product of these duties, only giving credit to the States on whom they -are raised in the general account of revenues and expense; instituting -admiralty courts, &c.; of coining money, establishing banks on such -terms, and with such privileges, as they think proper; appropriating -funds, and doing whatever else relates to the operations of finance; -transacting every thing with foreign nations; making alliances offensive -and defensive, and treaties of commerce, &c.... The second step I would -recommend is, that Congress should instantly appoint the following great -officers of state: a Secretary for Foreign Affairs; a President of War; -a President of Marine; a Financier; a President of Trade.... These -officers should have nearly the same powers and functions as those in -France analogous to them, and each should be chief in his department, -with subordinate boards, composed of assistants, clerks, &c., to execute -his orders." (Life of Hamilton, I. 284-305.) - -[374] Abstract of an Address made to the Legislature of Massachusetts, -by the Hon. Rufus King, in October, 1786. Boston Magazine for the year -1786, p. 406. - -[375] Mr. Madison's Notes of Debates in the Congress of the -Confederation. Elliot, V. 96. - -[376] This was the opinion of Mr. Jay. He thought that no alterations -should be attempted, unless deduced from the only source of just -authority, the people. He seems to have considered that, if the people -of the States, acting through their primary conventions, were to send -delegates to a general convention, with authority to alter the Articles -of Confederation, the new system would rest upon the authority of the -people, without further sanction. See his letter to General Washington, -of date January 7, 1787. Writings of Washington, IX. 510. - -[377] Letter of General Knox to General Washington, January 14, 1787. -Writings of Washington, IX. 513. - -[378] Madison. Elliot, V. 96. - -[379] It was brought before them by the speech of the Governor -(Clinton), informing them of the resolutions of Congress, which had -requested an immediate call of the legislature to consider the revenue -system, "a subject," he observed, "which had been repeatedly submitted -to them, and must be well understood." - -[380] Journals, XII. 15. February 21, 1787. - -[381] Ibid. The vote rejecting the impost bill was taken on the 15th of -February. The resolution of instructions was passed on the 17th, and was -laid before Congress on the 21st. - -[382] Mr. Madison has recorded the suspicions with which this resolution -of the New York legislature was received. Their previous refusal of the -impost act, and their known anti-federal tendencies, gave rise, he says, -to the belief that their object was to obtain a convention without -having it called under the authority of Congress, or else, by dividing -the plans of the States in their appointments of delegates, to frustrate -them all. (Madison. Elliot, V. 96.) But whatever grounds there might -have been for either of these suspicions, the latter certainly was not -well founded. The New York resolution was drafted by Hamilton, and -although it was passed by a body in which a majority had not exhibited a -disposition to enlarge the authority of Congress, it was manifestly not -intended to prevent the adoption of the plan of a convention. It -contemplated the passage by Congress of an act, recommending the States -to institute a convention of representatives of the States to revise the -Articles of Confederation; and the resolution introduced by the New York -delegation into Congress proposed that the alterations and amendments -which the convention might consider necessary to render the Articles of -Confederation "adequate to the preservation and support of the Union," -should be reported to Congress and to the States respectively, but did -not direct how they should be adopted. This would have left open a great -question, and seemed to be a departure from the mode in which the -Articles of Confederation directed that amendments should be made. -Probably it was Hamilton's intention to leave the form in which the new -system should be adopted for future action, without fettering the -movement by prescribing the mode before the convention had assembled. -But this course was practically impossible. Congress could not be -prevailed upon to recommend a convention, without making the condition -that the new provisions should be reported to Congress and confirmed by -the States. This gave rise to great embarrassment in the convention, -when it came to be admitted that the Confederation must be totally -superseded, and not _amended_; and it was finally disregarded. But it -was the only mode in which the convention could have been recommended by -Congress, and without that recommendation, probably, it could not have -been instituted. - -[383] The resolution introduced by the Massachusetts delegation, when -that of New York had been rejected, after being amended, was finally -passed in the following terms: "Whereas, there is provision in the -Articles of Confederation and Perpetual Union for making alterations -therein, by the assent of a Congress of the United States, and of the -legislatures of the several States; and whereas experience hath evinced -that there are defects in the present Confederation, as a mean to remedy -which several of the States, and particularly the State of New York, by -express instructions to their delegates in Congress, have suggested a -convention for the purposes expressed in the following resolution; and -such a convention appearing to be the most probable means of -establishing in these States a firm national government, _Resolved_, -That, in the opinion of Congress, it is expedient that, on the second -Monday day in May next, a convention of delegates, who shall have been -appointed by the several States, be held at Philadelphia, for the sole -express purpose of revising the Articles of Confederation, and reporting -to Congress and the several legislatures such alterations and provisions -therein as shall, when agreed to in Congress and confirmed by the -States, render the Federal Constitution adequate to the exigencies of -government and the preservation of the Union." Journals, XII. 17. -February 21, 1787. - -[384] The Articles of Confederation did not expressly require that -amendments should be prepared and proposed in Congress. The thirteenth -Article provided, that no alteration should be made, unless it should -"be agreed to in a Congress of the United States, and be afterwards -confirmed by the legislatures of every State." But it was clearly -implied by this, that Congress were to have the power of recommending -alterations, and this power was exercised in 1783, with regard to the -rule of apportionment. - -[385] Governor Randolph of Virginia writing to General Washington, on -the 11th of March, 1787, and urging him to attend the Convention, said: -"I must call upon your friendship to excuse me for again mentioning the -Convention at Philadelphia. Your determination having been fixed on a -thorough review of your situation, I feel like an intruder when I again -hint a wish that you would join the delegation. But every day brings -forth some new crisis, and the Confederation is, I fear, the last anchor -of our hope. Congress have taken up the subject, and appointed the -second Monday in May next as the day of meeting. _Indeed, from my -private correspondence, I doubt whether the existence of that body, even -through this year, may not be questionable under our present -circumstances._" Sparks's Washington, IX. 243, note. - -[386] The States of Virginia, New Jersey, Pennsylvania, North Carolina, -and Delaware had appointed their delegates to the Convention before it -was sanctioned by Congress. Virginia led the way; and the following -preamble to her act shows with what motives and objects she did so. -"Whereas, the commissioners who assembled at Annapolis, on the 14th day -of September last, for the purpose of devising and reporting the means -of enabling Congress to provide effectually for the commercial interests -of the United States, have represented the necessity of extending the -revision of the federal system to all its defects, and have recommended -that deputies for that purpose be appointed by the several legislatures, -to meet in convention in the city of Philadelphia, on the 2d day of May -next,--a provision which was preferable to a discussion of the subject -in Congress, where it might be too much interrupted by the ordinary -business before them, and where it would, besides, be deprived of the -valuable counsels of sundry individuals who are disqualified by the -constitution or laws of particular States, or restrained by peculiar -circumstances from a seat in that assembly: And whereas the General -Assembly of this Commonwealth, taking into view the actual situation of -the Confederacy, as well as reflecting on the alarming representations -made from time to time by the United States in Congress, particularly in -their act of the 15th day of February last, can no longer doubt that the -crisis is arrived at which the good people of America are to decide the -solemn question, whether they will, by wise and magnanimous efforts, -reap the just fruits of that independence which they have so gloriously -acquired, and of that Union which they have cemented with so much of -their common blood,--or whether, by giving way to unmanly jealousies and -prejudices, or to partial and transitory interests, they will renounce -the auspicious blessings prepared for them by the Revolution, and -furnish to its enemies an eventful triumph over those by whose virtue -and valor it has been accomplished: And whereas the same noble and -extended policy, and the same fraternal and affectionate sentiments, -which originally determined the citizens of this Commonwealth to unite -with their brethren of the other States in establishing a federal -government, cannot but be felt with equal force now as motives to lay -aside every inferior consideration, and to concur in such further -concessions and provisions as may be necessary to secure the great -objects for which that government was instituted, and to render the -United States as happy in peace as they have been glorious in war: _Be -it therefore enacted_, &c., That seven commissioners be appointed, by -joint ballot of both houses of Assembly, who, or any three of them, are -hereby authorized as deputies from this Commonwealth to meet such -deputies as may be appointed and authorized by other States, to assemble -in convention at Philadelphia, as above recommended, and to join with -them in devising and discussing all such alterations and further -provisions as may be necessary to render the Federal Constitution -adequate to the exigencies of the Union; and in reporting such an act, -for that purpose, to the United States in Congress, as, when agreed to -by them, and duly confirmed by the several States, will effectually -provide for the same." (Elliot, I. 132.) The instructions of New Jersey -to her delegates were, "to take into consideration the state of the -Union as to trade and other important objects, and of devising such -other provisions as shall appear to be necessary to render the -constitution of the federal government adequate to the exigencies -thereof." (Ibid. 128.) The act of Pennsylvania provided for the -appointment of deputies to join with the deputies of other States "in -devising, deliberating on, and discussing all such alterations and -further provisions as may be necessary to render the Federal -Constitution fully adequate to the exigencies of the Union, and in -reporting such act or acts, for that purpose, to the United States in -Congress assembled, as, when agreed to by them, and duly confirmed by -the several States, will effectually provide for the same." (Ibid. 130.) -The instructions of Delaware were of the same tenor. (Ibid. 131.) The -act of North Carolina directed her deputies "to discuss and decide upon -the most effectual means to remove the defects of our Federal Union, and -to procure the enlarged purposes which it was intended to effect; and -that they report such an act to the General Assembly of this State, as, -when agreed to by them, will effectually provide for the same." (Ibid. -135.) The instructions to the delegates of New Hampshire were of the -same tenor. (Ibid. 126.) The appointment of the delegates of -Massachusetts was made with reference to the terms of the resolve of -Congress recommending the Convention, and for the purposes declared -therein. (Ibid. 126, 127.) The appointment of Connecticut was made with -the same reference, and with the further direction "to discuss upon such -alterations and provisions, agreeably to the general principles of -republican government, as they shall think proper to render the Federal -Constitution adequate to the exigencies of government and the -preservation of the Union; and they are further directed, pursuant to -the said act of Congress, to report such alterations and provisions as -may be agreed to by a majority of the United States represented in -convention, to the Congress of the United States, and to the General -Assembly of this State." (Ibid. 127.) The resolutions of New York, -Maryland, South Carolina, and Georgia pursued nearly the same terms with -the resolve of Congress. (Ibid. 127, 131, 136, 137.) - -[387] Sparks's Washington, IX. 223, 225, 230, 236, 508-520. - -[388] Sparks's Washington, IX. 223, 225, 230, 236, 508-520. - - - - -CHAPTER VII. - -THE FRAMERS OF THE CONSTITUTION.--WASHINGTON, PRESIDENT OF THE -CONVENTION. - - -The narrative to which the reader has thus far attended must now be -interrupted for a while, that he may pause upon the threshold of an -assembly which had been summoned to the grave task of remodelling the -constitution of this country, and here consider the names and characters -of the men to whom its responsible labors had been intrusted. The civil -deeds of statesmen and lawgivers, in establishing and forming -institutions, incorporating principles into the forms of public -administration, and setting up the defences of public security and -prosperity, are far less apt to attract and hold the attention of -mankind, than the achievements of military life. The name, indeed, may -be for ever associated with the work of the hand; but the mass of -mankind do not study, admire, or repeat the deeds of the lawgiver, as -they do those of the hero. Yet he who has framed a law, or fashioned an -institution in which some great idea is made practical to the conditions -of human existence, has exercised the highest attributes of human -reason, and is to be counted among the benefactors of his race. - -The framers of the Constitution of the United States assembled for their -work amidst difficulties and embarrassments of an extraordinary nature. -No general concert of opinion had taken place as to what was best, or -even as to what was possible to be done. Whether it were wise to hold a -convention, whether it were even legal to hold it, and whether, if held, -it would be likely to result in any thing useful to the country, were -points upon which the most opposite opinions prevailed in every State of -the Union. But it was among the really fortunate, although apparently -unhappy, circumstances under which they were assembled, that the country -had experienced much trial, suffering, distress, and failure. It has -been a disagreeable duty to describe the disasters and errors of a -period during which the national character was subjected to the -discipline of adversity. We now come to the period of compensation which -such discipline inevitably brings. - -There is a law of the moral government of the universe, which ordains -that all that is great and valuable and permanent in character must be -the result, not of theoretical teaching, or natural aspiration,--of -spontaneous resolve, or uninterrupted success,--but of trial, of -suffering, of the fiery furnace of temptation, of the dark hours of -disappointment and defeat. The character of the man is distinguishable -from the character of the child that he once was, chiefly by the effects -of this universal law. There are the same natural impulses, the same -mental, moral, and physical constitution, with which he was born into -the world. What is it that has given him the strength, the fortitude, -the unchanging principle, and the moral and intellectual power, which he -exhibits in after years? It has not been constant pleasure and success, -nor unmingled joy. It has been the hard discipline of pain and sorrow, -the stern teachings of experience, the struggle against the consequences -of his own errors, and the chastisement inflicted by his own faults. - -This law pertains to all human things. It is as clearly traceable in its -application to the character of a people, as to that of an individual; -and as the institutions of a people, when voluntarily formed by them out -of the circumstances of their condition, are necessarily the result of -the previous discipline and the past teachings of their career, we can -trace this law also in the creation and growth of what is most valuable -in their institutions. When we have so traced it, the unalterable -relations of the moral universe entitle us to look for the elements of -greatness and strength in whatever has been the product of such -teachings, such discipline, and such trials. - -The Constitution of the United States was eminently the creature of -circumstances;--not of circumstances blindly leading the blind to an -unconscious submission to an accident, but of circumstances which -offered an intelligent choice of the means of happiness, and opened, -from the experience of the past, the plain path of duty and success, -stretching onward to the future. All that has been said in the previous -chapters tends to illustrate this fact. We have seen the American -people,--divided into separate and isolated communities, without -nationality, except such as resulted from a general community of -origin,--undertaking together the work of throwing off the domination of -their parent state. We have seen them enter upon this undertaking -without forming any political bond of a national character, and without -instituting any proper national agency. We have seen, that the first -government which they created was, practically, a mere general council -for the recommendation of measures to be adopted and executed by the -several constituencies represented. We have seen no machinery instituted -for the accomplishment, by the combined authority of these separate -communities, of the great objects at which they were aiming; and -although in theory the Revolutionary Congress would have been entitled -to assume and exercise the powers necessary to accomplish the objects -for which it was assembled, we have seen that the people of the country, -from a jealous and unreasonable fear of all power, would not permit this -to be done. - -The consequences of this want of power were inevitable. An army could -not be kept in the field, on a permanent footing, capable of holding the -enemy in check. The city of New York fell into the hands of that enemy, -the intermediate country between that city and the city of Philadelphia -was overrun, and from the latter capital, the seat of the general -government, the Congress was obliged to fly before the invading foe. - -Taught by these events that a more effective union was necessary to the -deliverance of the country from a foreign yoke, the States at length -united in the establishment of a government, the leading purpose of -which was mutual defence against external attacks, and called it a -Confederation. But its powers were so restricted, and its operations so -clogged and impeded by State jealousies and State reservations of power, -that it lacked entirely the means of providing the sinews of war out of -the resources of the country, and was driven to foreign loans and -foreign arms for the means of bringing that war to a close. A vast load -of debt was thus accumulated upon the country; and, as soon as peace was -established, it became apparent, that, while the Confederation was a -government with the power of contracting debts, it was without the power -of paying them. This incapacity revealed the existence of great objects -of government, without which the people of the several States could -never prosper, and which, in their separate capacities, the States -themselves could never accomplish. - -Now it is as certain as history can make any thing, that the whole -period, from the commencement of the war to the end of the -Confederation, was a period of great suffering to the people of the -United States. The trials and hardships of war were succeeded by the -greater trials and hardships of a time of peace, in which the whole -nation experienced that greatest of all social evils, the want of an -efficient and competent government. There was a gloom upon the minds of -men,--a sense of insecurity,--a consciousness that American society was -not fulfilling the ends of its being by the development of its resources -and the discharge of its obligations,--which constituted altogether a -discipline and a chastisement of the whole nation, and which we are not -at liberty to regard as the mere accidents of a world ungoverned by an -overruling Power. - -It was from the midst of that discipline that the American people came -to the high undertaking of forming for themselves a constitution, by -which to work out the destiny of social life in this Western World. Had -they essayed their task after years of prosperity, and after old -institutions and old forms of government had, upon the whole, yielded a -fair amount of success and happiness, they would have wanted that power -which comes only from failure and disappointment,--the power to adapt -the best remedy to the deepest social defects, and to lay hold on the -future with the strength given by the hard teachings of the past. - -Civil liberty,--American liberty,--that liberty which resides in law, -which is protected by great institutions and upheld by the machinery of -a popular government,--is not simply the product of a desire, or a -determination, to be free. Such liberty comes, if it comes at all, only -after serious mistakes,--after frightful deficiencies have taught men -that power must be lodged somewhere. It comes when a people have -learned, by adversity and disappointment, that a total negation of all -authority, and a jealousy of all restraint, can end only in leaving -society without the defences and securities which nothing but law can -raise for it. It comes when the passions are exhausted, and the -rivalries of opposing interests have worn themselves out, in the vain -endeavor to reach what reason and justice and self-sacrifice alone can -procure. Then, and then only, is the intellect of a nation sure to -operate with the fidelity and energy of its native power. Then only does -it grasp the principles of freedom with the ability to incorporate them -into the practical forms of a public administration whose strength and -energy shall give them vitality, and prevent their diffusion into the -vagueness of mere abstractions, which return to society the cold and -mocking gift of a stone for its craving demand of bread. - - * * * * * - -The Convention was a body of great and disinterested men, competent, -both morally and intellectually to the work assigned them. High -qualities of character are requisite to the formation of a system of -government for a wide country with different interests. Mere talent will -not do it. Intellectual power and ingenuity alone cannot compass it. - -There must be a moral completeness in the characters of those who are to -achieve such a work; for it does not consist solely in devising schemes, -or creating offices, or parcelling out jurisdictions and powers. There -must be adaptation, adjustment of conflicting interests, reconciliation -of conflicting claims. There must be the recognition and admission of -great expedients, and the sacrifice, often, of darling objects of -ambition, or of local policy, to the vast central purpose of the -greatest happiness of the greatest number. Hence it is, that, wherever -this mighty work is to be successfully accomplished, there must be a -high sense of justice; a power of concession; the qualities of -magnanimity and patriotism; and that broad moral sanity of the -intellect, which is farthest removed from fanaticism, intolerance, or -selfish adhesion either to interest or to opinion. - -These qualities were preëminently displayed by many of the framers of -the Constitution. There was certainly a remarkable amount of talent and -intellectual power in that body. There were men in that assembly, whom, -for genius in statesmanship, and for profound speculation in all that -relates to the science of government, the world has never seen -overmatched. - -But the same men, who were most conspicuous for these brilliant gifts -and acquirements, for their profound theories and their acute perception -of principles, were happily the most marked, in that assembly, for their -comprehensive patriotism, their justice, their unselfishness and -magnanimity. Take, for instance, Hamilton. Where, among all the -speculative philosophers in political science whom the world has seen, -shall we find a man of greater acuteness of intellect, or more capable -of devising a scheme of government which should appear theoretically -perfect? Yet Hamilton's unquestionable genius for political disquisition -and construction was directed and restrained by a noble generosity, and -an unerring perception of the practicable and the expedient, which -enabled him to serve mankind without attempting to force them to his own -plans, and without compelling them into his own views. Take Washington, -whose peculiar greatness was a moral elevation, which secured the wisest -and best use of all his powers in either civil or military life. Take -Madison, who certainly lacked neither ability nor inclination for -speculative inquiries, and who had a mind capable of enforcing the -application of whatever principles he espoused. Yet his calm good sense, -and the tact with which he could adapt theory to practice, were no less -among his prominent characteristics. Take Franklin, who sometimes held -extreme opinions, and occasionally pushed his peculiar fancies, -springing from an excess of worldly wisdom, to the utmost verge of -truth, but whose intellect was tempered, and whose whole character was -softened, by the wide and varied experience of a life that had been -commenced in obscurity, and was now closing with the honors of a -reputation that filled the Eastern as well as the Western hemisphere. -Take Gouverneur Morris, who was ardent, impulsive, and not disinclined -to tenacity of opinion; but he rose above all local and narrow objects, -and embraced, in the scope of his clear and penetrating vision, the -happiness and welfare of this whole continent. - -It was a most fortunate thing for America, that the Revolutionary age, -with its hardships, its trials, and its mistakes, had formed a body of -statesmen capable of framing for it a durable constitution. The leading -persons in the Convention which formed the Constitution had been actors, -either in civil or military life, in the scenes of the Revolution. In -those scenes their characters as American statesmen had been formed. -When the condition of the country had fully revealed the incapacity of -its government to provide for its wants, these men were naturally looked -to, to construct a system which should save it from anarchy. And their -great capacities, their high, disinterested purposes, their freedom from -all fanaticism and illiberality, and their earnest, unconquerable faith -in the destiny of their country, enabled them to found that government, -which now upholds and protects the whole fabric of liberty in the States -of this Union. - -Of course no such assembly, in that or in any other age, in this or in -any other country, could be called together for such a purpose, without -exhibiting a great diversity of opinions, wishes, and views. The very -object for which they were assembled was of a nature to develop, to the -fullest extent, the most conflicting opinions and the most opposite -theories. That object was to devise a system which should best secure -the permanent liberty and happiness of a vast country. What subject, in -the whole range of human thought and human endeavor, could be more -complex than this? What occasion, among all the diversities of human -affairs, could present a wider field for honest differences of opinion, -and for severe conflicts of mind with mind? Yet it should never be -forgotten, as the merit of this assembly, that, collectively and -individually, they were animated by the most pure and exclusive devotion -to the object for which they were called together. It was this high -patriotism, this deep and never-ceasing consciousness that the great -experiment of republican liberty turned on the result of their labors, -as on the hazard of a die, that brought at last all conflicts of -interest, all diversities of opinion and feeling, into a focus of -conciliation and unanimity. More than once the reader will find them on -the point of separating without having accomplished any thing; and more -than once he will see them recalled to their mighty task by the -eloquence of some master-spirit, who knew how to touch the key-note of -that patriotic feeling, which was never wholly lost in the jarring -discords of debate and intellectual strife. For four months the -laborious effort went on. The serene and unchanging presence of -Washington presided over all. The chivalrous sincerity and -disinterestedness of Hamilton pervaded the assembly with all the power -of his fascinating manners. The flashing eloquence of Gouverneur Morris -recalled the dangers of anarchy, which must be accepted as the -alternative of an abortive experiment. The calm, clear, statesmanlike -views of Madison, the searching and profound expositions of King, the -prudent influence of Franklin, at length ruled the hour. - -In examining their work, and in reading all that is left to us of -their discussions, we are to consider the materials out of which they -had to frame a system of republican liberty, and the point of view, -in reference to the whole subject, at which they stood. We are to -remember how little the world had then seen of real liberty united -with personal safety and public security; and how entirely novel the -undertaking was, to form a complete system of government, wholly -independent on tradition, exactly defined in a written constitution, -to be created at once, and at once set in motion, for the -accomplishment of the great objects of human liberty and social -progress. The examples of Greece and Rome, the modern republics of -Italy, the federal relations of the Swiss Cantons, and the distant -approach to republicanism that had been seen in Holland, might be -resorted to for occasional and meagre illustrations of a few general -principles. But, unquestionably, the country which, up to that moment, -had exhibited, by the working of its government, the greatest amount -of liberty combined with the greatest public security, was England. -England, however, was a monarchy; and monarchy was the system which -they both desired, and were obliged, to avoid. If it was within the -range of human possibility to establish a system of republican -government, which would fulfil its appropriate duties, over this vast -and rapidly extending country, _that_ they felt, one and all, to be -their great task. On the other hand, they knew that, if to that form -they could not succeed in giving due stability and wisdom, it would -be, in the words of Hamilton, "disgraced and lost among ourselves, -disgraced and lost to mankind for ever."[389] Here was their -trial,--the difficulty of all their difficulties; and it was here that -they exhibited a wisdom, a courage, and a capacity, which have been -surpassed by no other body of lawgivers ever assembled in the world. - -Their country had, a few years before, passed through a long and -distressing war with its parent state. The yoke of her domination had -been thrown off, and its removal was naturally followed by a loosening -of the bands of all authority, and an indisposition to all new -restraints. The American Colonies had become independent States; and as -the spirit of liberty which pervaded them made individuals impatient of -control in their political relations, so the States reflected the same -spirit in their corporate conduct, and looked with jealousy and distrust -upon all powers which were not to be exercised by themselves. Yet it was -clear that there were powers and functions of government, which, for the -absolute safety of the country, must be withdrawn from the States, and -vested in some national head, which should hold and exercise them in the -name of the whole, for the good of the whole. The great question was, -what that national head was to be; and the great service performed by -the framers of the Constitution consisted in devising a system by which -a national sovereignty might be endowed with energy, dignity, and power, -and the forms and substance of popular liberty still be preserved; a -system by which a supreme authority in all the matters which it touched -might be created, resting directly on the popular will, and to be -exercised, in all coming time, through forms and institutions under -which that will should have a direct and perpetual and perpetually -renewed expression. This they accomplished. They accomplished it, too, -without abolishing the State governments, and without impairing a single -personal right which existed before they began their work. They -accomplished it without violence; without the disruption of a single -fibre in that whole delicate tissue of which society is made up. No drop -of blood was shed to establish this government, the work of their hands; -and no moment of interruption occurred to the calm, even tenor of the -pursuits of men,--the daily on-goings of society, in which the stream of -human life and happiness and progress flows on in beneficence and peace. - - * * * * * - -First upon the list of those who had been called together for this great -purpose, we are to mention him, without whose presence and countenance -all men felt that no attempt to meliorate the political condition of the -country could succeed. - -I have already given an account of the proceedings which led directly to -the calling of the Convention; and have mentioned the interesting fact, -that the impulse to those proceedings was given at Mount Vernon. Thither -General Washington had retired, at the close of the war, with no thought -of ever engaging again in public affairs. He supposed that for him the -scene was closed. "The noontide of life," said he, in a letter to the -Marchioness de Lafayette, "is now past, with Mrs. Washington and -myself; and all we have to do is to glide gently down a stream which no -human effort can ascend."[390] - -But wise and far-seeing as he was, he did not foresee how soon he was to -be called from that grave and sweet tranquillity. He was busy with the -concerns of his farm; he was tasting the happiness of home, from which -he had been absent nine long years; he was "cultivating the affections -of good men, and practising the domestic virtues." But it was not in his -nature to be inattentive to the concerns of that country for whose -welfare he had labored and suffered so much. He maintained an active -correspondence with several of the most eminent and virtuous of his -compatriots in different parts of the Union; and in that correspondence, -running through the years 1784, 1785, and 1786, there exists the most -ample evidence of the downward tendency of things, and of the fears it -excited. - -It had become evident to him that we never should establish a national -character, nor be justly considered and respected by the nations of -Europe, without enlarging the powers of the federal government for the -regulation of commerce. The objection which had been hitherto urged, -that some States might be more benefited than others by a commercial -regulation, seemed to him to apply to every matter of general utility. -"We are," said he, writing in the summer of 1785, "either a united -people under one head, and for federal purposes, or we are thirteen -independent sovereignties eternally counteracting each other. If the -former, whatever such a majority of the States as the constitution -points out conceives to be for the benefit of the whole, should, in my -humble opinion, be submitted to by the minority. Let the Southern States -always be represented; let them act more in union; let them declare -freely and boldly what is for the interest of, and what is prejudicial -to, their constituents; and there will, there must be, an accommodating -spirit. In the establishment of a navigation act, this, in a particular -manner, ought and will doubtless be attended to. If the assent of nine -States, or, as some propose, of eleven, is necessary to give validity to -a commercial system, it insures this measure, or it cannot be obtained. - -"Wherein, then, lies the danger? But if your fears are in danger of -being realized, cannot certain provisos in the ordinance guard against -the evil? I see no difficulty in this, if the Southern delegates would -give their attendance in Congress, and follow the example, if it should -be set them, of adhering together to counteract combination. I confess -to you candidly, that I can foresee no evil greater than disunion; than -those unreasonable jealousies (I say _unreasonable_, because I would -have a _proper_ jealousy always awake, and the United States on the -watch to prevent individual States from infracting the constitution with -impunity) which are continually poisoning our minds and filling them -with imaginary evils for the prevention of real ones."[391] - -But, while he desired to see the ninth article of the Confederation so -amended and extended as to give adequate commercial powers, he feared -that it would be of little avail to give them to the existing Congress. -The members of that body seemed to him to be so much afraid of exerting -the powers which they already possessed, that they lost no opportunity -of surrendering them, or of referring their exercise to the individual -States. The speculative question, whether foreign commerce is of any -real advantage to a country, he regarded as of no importance, convinced -that the spirit of trade which pervaded these States was not to be -restrained. It behooved us, therefore, to establish just principles of -commercial regulation, and this could not, any more than other matters -of national concern, be done by thirteen heads differently constructed -and organized. The necessity, in fact, of a controlling power was -obvious, and why it should be withheld was, he declared, beyond his -comprehension. With these views, he looked to the Convention at -Annapolis as likely to result in a plan which would give to the federal -government efficient powers for all commercial purposes, although he -regretted that more objects had not been embraced in the project for the -meeting. - -The failure of this attempt to enlarge the commercial powers of -Congress, and the recommendation of a general convention made by the -Annapolis commissioners, placed the country in an extremely delicate -situation. Washington thought, when this recommendation was announced, -that the people were not then sufficiently misled to retract their -error, and entertained some doubt as to the consequences of an attempt -to revise and amend the Articles of Confederation. Something, however, -must be done, he said, or the fabric which was certainly tottering, -would inevitably fall. "I think," said he, "often of our situation, and -view it with concern. From the high ground we stood upon, from the plain -path which invited our footsteps, to be so fallen, so lost, is really -mortifying; but virtue, I fear, has in a great degree taken its -departure from our land, and the want of a disposition to do justice is -the source of the national embarrassments; for, whatever guise or color -is given to them, this I apprehend is the origin of the evils we now -feel, and probably shall labor under for some time yet."[392] - -At this time the legislature of Virginia were acting upon the subject of -a delegation to the Federal Convention, and a general wish was felt to -place Washington at the head of it. No opposition had been made in that -body to the bill introduced for the purpose of organizing and -instructing such a delegation, and it was thought advisable to give the -proceeding all the weight which could be derived from a single State. To -a private intimation of this desire of the legislature he returned a -decided refusal. Several obstacles appeared to him to put his attendance -out of the question. The principal reason that he assigned was, that he -had already declined a re-election as President of the Society of the -Cincinnati, and had signified that he should not attend their triennial -general meeting, to be held in Philadelphia in the same month with the -Convention.[393] He felt a great reluctance to do any thing which might -give offence to those patriotic men, the officers of the army who had -shared with him the labors and dangers of the war. He had declined to -act longer with that Society, because the motives and objects of its -founders had been misconceived and misrepresented. Originally a -charitable institution, it had come to be regarded as anti-republican in -its spirit and tendencies. Desiring, on the one hand, to avoid the -charge of deserting the officers who had nobly supported him, and had -always treated him with the greatest attention and attachment; and -wishing, on the other hand, not to be thought willing to give his -support to an institution generally believed incompatible with -republican principles,--he had excused his attendance upon the ground of -the necessity of attending to his private concerns. He had, in truth, a -great reluctance to appear again upon any public theatre. His health was -far from being firm; he felt the need and coveted the blessing of -retirement for the remainder of his days; and although some -modifications of the Society whose first President he had been, were -then allaying the jealousies it had excited, he withdrew from this, the -last relation which had kept him in a conspicuous public position. - -But Washington at Mount Vernon, cultivating his estate, and rarely -leaving his own farms, was as conspicuous to the country as if he were -still placed in the most active and important public stations. All eyes -were turned to him in this emergency; all thoughts were employed in -considering whether his countenance and his influence would be given to -this attempt to create a national government for the States whose -liberties he had won. And his friends represented to him, that the -posture of public affairs would prevent any criticism on the situation -in which the contemporary meeting of the Cincinnati would place him, if -he were to accept a seat in the Convention. Still, when the official -notice of his appointment came, in December, he formally declined, but -was requested by the Governor of the State to reserve his decision.[394] -At this moment, the insurrection in Massachusetts broke upon him like a -thunderbolt. "What, gracious God!" he exclaimed, "is man, that there -should be such inconsistency and perfidiousness in his conduct! It was -but the other day that we were shedding our blood to obtain the -constitutions under which we now live,--constitutions of our own choice -and making,--and now we are unsheathing the sword to overturn them! The -thing is so unaccountable, that I hardly know how to realize it, or to -persuade myself that I am not under the illusion of a dream."[395] - -It was clear that, in case of civil discord and open confusion extending -through any considerable part of the country, he would be obliged to -take part on one side or the other, or to withdraw from the continent; -and he, as well as other reflecting men, were not without fears that the -disturbances in the Eastern States might extend throughout the Union. He -consulted with his friends in distant parts of the country, and -requested their advice, but still, as late as February, hesitated -whether he should attend the Convention. In that month, he heard of the -suppression of the rebellion in Massachusetts; but the developments -which it had made of the state of society, the necessity which it had -revealed for more coercive power in the institutions of the country, and -the fear which it had excited that this want might lead men's minds to -entertain the idea of monarchical government, finally decided him to -accept the appointment. The possibility that his absence at such a -juncture might be construed into what he called "a dereliction of -republicanism," seems to have influenced his decision more than all -other reasons. Congress, it is true, had now sanctioned the Convention, -and this had removed one obstacle which had weighed with him and with -others. He entertained great doubts as to the result of the experiment, -but was entirely satisfied that it ought to be tried.[396] - -He left Mount Vernon in the latter part of April. Public honors attended -him everywhere on his route. At Chester, fifteen miles from the city of -Philadelphia, he was met by the Speaker of the Assembly of Pennsylvania -and several officers and gentlemen of distinction, who accompanied him -to Gray's Ferry, where a military escort was in waiting to receive him -and conduct him into the city. On his arrival, he immediately paid a -visit to Dr. Franklin, at that time President of the State of -Pennsylvania.[397] - -On the assembling of the Convention, Robert Morris, by the instruction -and in behalf of the deputation of Pennsylvania, proposed that General -Washington should be elected President. John Rutledge of South Carolina -seconded this suggestion, observing that the presence of General -Washington forbade any observations on the occasion which might -otherwise be proper.[398] His opinions, at the time when he took the -chair of the Convention, as to what was proper to be done, and what was -practicable, can only be gathered from his correspondence. He had formed -some general views of the principles on which a national government -should be framed, but he had not proceeded at all to the consideration -of details. The first and most important object he held to be, to -establish such a constitution as would secure and perpetuate the -republican form of government, by satisfying the wants of the country -and the time, and thus checking all tendency to monarchical ideas. He -had come to the Convention, as we have seen, in order that the great -experiment of self-government, on which this country had entered at the -Revolution, might have a further trial beyond the hazards of the hour. -He knew--he had had occasion to know--that the thought of a monarchy, as -being necessary to the safety of the country, had been to some extent -entertained. There had been those in a former day, in the darkest period -of the war, who had proposed to him to assume a crown,--men who could -possibly have bestowed it upon him, or have assisted him to acquire -it,--but who met a rebuke which the nature of their proposition and his -character should have taught them to expect. There were those in that -day who sincerely despaired of republican liberty, and who had allowed -themselves to think that some of the royal families of Europe might -possibly furnish a sovereign fitted to govern and control the turbulent -elements of our political condition. Washington understood the genius -and character of the people of this country so well, that he held it to -be impossible ever to establish that form of government over them -without the deepest social convulsions. It was the form of the -government against which they had waged a seven years' war; and it was -certain that, apart from all questions of theoretical fitness or value, -nothing but the most frightful civil disorders, menacing the very -existence of society itself, could ever bring them again under its sway. - -He was also satisfied, that, whatever particular system was to be -adopted, it must be one that would create a national sovereignty and -give it the means of coercion. What the nature of that coercion ought to -be, he had not considered; but that obedience to the ordinances of a -general government could not be expected, unless it was clothed with the -power of enforcing them, all his experience during the war, and all his -observation since, had fully satisfied him. He was convinced, also, that -powers of a more extensive nature, and which would comprehend other -objects, ought to be given to the general government; that Congress -should be so placed as to enable and compel them to exert their -constitutional authority with a firm and steady hand, instead of -referring it back to the States. He proposed to adopt no temporizing -expedients, but to have the defects of the Confederation thoroughly -examined and displayed, and a radical cure provided, whether it were -accepted or not. A course of this kind, he said, would stamp wisdom and -dignity on their proceedings, and hold up a light which sooner or later -would have its influence.[399] - -Persuaded that the primary cause of all the public disorders lay in the -different State governments, and in the tenacity with which they adhered -to their State powers, he saw that incompatibility in the laws of -different States and disrespect to the authority of the Union must -continue to render the situation of the country weak, inefficient, and -disgraceful. The principle with which he entered the Convention, and on -which he acted throughout to the end, was, "with a due consideration of -circumstances and habits, to form such a government as will bear the -scrutinizing eye of criticism, and trust it to the good sense and -patriotism of the people to carry it into effect."[400] - -The character of Washington as a statesman has, perhaps, been somewhat -undervalued, from two causes; one of them being his military greatness, -and the other, the extraordinary balance of his mind, which presented no -brilliant and few salient qualities. Undoubtedly, as a statesman he was -not constructive, like Hamilton, nor did he possess the same abundant -and ever-ready resources. He was eminently cautious, but he was also -eminently sagacious. He had had a wide field of observation during the -war, the theatre of which, commencing in New England, had extended -through the Middle and into the Southern States. He had, of course, been -brought in contact with the men and the institutions of all the States, -and had been concerned in their conflicts with the federal authority, to -a greater extent than any other public man of the time. This experience -had not prepared him--as the character of his mind had not prepared -him--to suggest plans or frame institutions fitted to remedy the evils -he had observed, and to apply the principles which he had discovered. -But it had revealed to him the dangers and difficulties of our -situation, and had made him a national statesman, as incapable of -confining his politics to the narrow scale of local interests and -attachments, as he had been of confining his exertions to the object of -achieving the liberties of a single state. - -He would have been fitly placed in the chair of any deliberative -assembly into which he might have been called at any period of his life; -but it was preëminently suitable that he should occupy that of the -Convention for forming the Constitution. He had no talent for debate, -and upon the floor of this body he would have exerted less influence, -and have been far less the central object towards which the opinions and -views of the members were directed, than he was in the high and becoming -position to which he was now called. - -FOOTNOTES: - -[389] Madison's Debates in the Federal Convention. Elliot, V. 244. - -[390] Washington's Writings, IX. 166. - -[391] Washington's Writings, IX. 121. - -[392] Washington's Writings, IX. 167. - -[393] Washington's Writings, IX. 212. - -[394] Washington's Writings, IX. 219. - -[395] Washington's Writings, IX. 221. - -[396] Washington's Writings, IX. 236. - -[397] Sparks's Life of Washington, p. 435. - -[398] Madison's Debates, Elliot, V. 123. - -[399] Washington's Writings, IX. 250. - -[400] Washington's Writings, IX. 258. - - - - -CHAPTER VIII. - -HAMILTON. - - -Next to the august name of the President should be mentioned that great -man who, as a statesman, towered above all his compeers, even in that -assembly of great men,--Alexander Hamilton. - -This eminent person is probably less well known to the nation at the -present day, than most of the leading statesmen of the Revolution. There -are causes for this in his history. He never attained to that high -office which has conferred celebrity on inferior men. The political -party of which he was one of the founders and one of the chief leaders -became unpopular with the great body of his countrymen before it was -extinct. His death, too, at the early age of forty-seven, while it did -not leave an unfinished character, left an unfinished career, for the -contemplation of posterity. In this respect, his fate was unlike that of -nearly all his most distinguished contemporaries. Washington, Adams, -Jefferson, Madison, Jay, and in fact almost all the prominent statesmen -of the Revolution, died in old age or in advanced life, and after the -circle of their public honors and usefulness had been completed. -Hamilton was cut off at a period of life when he may be said to have had -above a third of its best activity yet before him: and this is doubtless -one cause why so little is popularly known, by the present generation, -of him who was by far the greatest statesman of the Revolutionary age. - -It is known, indeed, traditionally, what a thrill of horror--what a -sharp, terrible pang--ran through the nation, proving the comprehension -by the entire people of what was lost, when Aaron Burr took from his -country and the world that important life. In the most distant -extremities of the Union, men felt that one of the first intellects of -the age had been extinguished. From the utmost activity and public -consideration, in the fulness of his strength and usefulness, the bullet -of a duellist had taken the first statesman in America;--a man who, -while he had not been without errors, and while his life had not been -without mistakes, had served his country, from his boyhood to that hour -of her bitter bereavement, with an elevation of purpose and a force of -intellect never exceeded in her history, and which had caused Washington -to lean upon him and to trust him, as he trusted and leaned upon no -other man, from first to last. The death of such a man, under such -circumstances, cast a deep gloom over the face of society; and Hamilton -was mourned by his contemporaries with a sorrow founded on a just -appreciation of his greatness, and of what they owed to his intellect -and character. But by the generations that have succeeded he has been -less intimately known than many of his compatriots, who lived longer, -and reached stations which he never occupied. - -He was born in the island of St. Christopher's, in the year 1757; his -mother being a native of that island, and his father being a Scotchman. -At the age of fifteen, after having been for three years in the -counting-house of a merchant at Santa Cruz, he was sent to New York to -complete his education, and was entered as a private student in King's -(now Columbia) College. At the age of seventeen, his political life was -already begun; for at that age, and while still at college, he wrote and -published a series of essays on the Rights of the Colonies, which -attracted the attention of the whole country. These essays appeared in -1774, in answer to certain pamphlets on the Tory side of the -controversy; and in them Hamilton reviewed and vindicated the whole of -the proceedings of the first Continental Congress. There are displayed -in these papers a power of reasoning and sarcasm, a knowledge of the -principles of government and of the English Constitution, and a grasp of -the merits of the whole controversy, that would have done honor to any -man at any age, and in a youth of seventeen are wonderful. To say that -they evince precocity of intellect, gives no idea of their main -characteristics. They show great maturity;--a more remarkable maturity -than has ever been exhibited by any other person, at so early an age, in -the same department of thought. They produced, too, a great effect. -Their influence in bringing the public mind to the point of resistance -to the mother country, was important and extensive. - -Before he was nineteen years old, Hamilton entered the army as a captain -of artillery; and when only twenty, in 1777, he was selected by -Washington to be one of his aides-de-camp, with the rank of -lieutenant-colonel. In this capacity he served until 1782, when he was -elected a member of Congress from the State of New York, and took his -seat. In 1786, he was chosen a member of the legislature of New York. In -1787, he was appointed as a delegate to the Convention which framed the -Constitution. In the following year, when only thirty years old, he -published, with Madison and Jay, the celebrated essays called "The -Federalist," in favor of the form of government proposed by the -Convention. In 1788, he became a member of the State Convention of New -York, called to ratify the Constitution, and it was chiefly through his -influence that it was adopted in that State. In 1789, he took office in -Washington's administration, as Secretary of the Treasury. In 1795, he -retired to the practice of the law in the city of New York. In 1798, at -Washington's absolute demand, he was appointed second in command of the -provisional army, raised under the elder Adams's administration, to -repel an apprehended invasion of the French. On the death of Washington, -in 1799, he succeeded to the chief command. When the army was disbanded, -he again returned to the bar, and practised with great reputation until -the year 1804, when his life was terminated in a duel with Colonel -Burr, concerning which the sole blame that has ever been imputed to -Hamilton is, that he felt constrained to accept the challenge. - -His great characteristic was his profound insight into the principles of -government. The sagacity with which he comprehended all systems, and the -thorough knowledge he possessed of the working of all the freer -institutions of ancient and modern times, united with a singular -capacity to make the experience of the past bear on the actual state of -society, rendered him one of the most useful statesmen that America has -known. Whatever in the science of government had already been -ascertained; whatever the civil condition of mankind in any age had made -practicable or proved abortive; whatever experience had demonstrated; -whatever the passions, the interests, or the wants of men had made -inevitable,--he seemed to know intuitively. But he was no theorist. His -powers were all eminently practical. He detected the vice of a theory -instantly, and shattered it with a single blow. - -His knowledge, too, of the existing state of his own and of other -countries was not less remarkable than his knowledge of the past. He -understood America as thoroughly as the wisest of his contemporaries, -and he comprehended Europe more completely than any other man of that -age upon this continent.[401] - -To these characteristics he added a clear logical power in statement, a -vigorous reasoning, a perfect frankness and moral courage, and a lofty -disdain of all the arts of a demagogue. His eloquence was distinguished -for correctness of language and distinctness of utterance, as well as -for grace and dignity. - -In theory, he leaned decidedly to the constitution of England, as the -best form of civil polity for the attainment of the great objects of -government. But he was not, on that account, less a lover of liberty -than those who favored more popular and democratic institutions. His -writings will be searched in vain for any disregard of the natural -rights of mankind, or any insensibility to the blessings of freedom. It -was because he believed that those blessings can be best secured by -governments in which a change of rulers is not of frequent occurrence, -that he had so high an estimate of the English Constitution. At the -period of the Convention, he held that the chief want of this country -was a government into which the element of a permanent tenure of office -could be largely infused; and he read in the Convention--as an -illustration of his views, but without pressing it--a plan by which the -Executive and the Senate could hold their offices during good behavior. -But the idea, which has sometimes been promulgated, that he desired the -establishment of a monarchical government in this country, is without -foundation. At no period of his life did he regard that experiment as -either practicable or desirable. - -Hamilton's relation to the Constitution is peculiar. He had less direct -agency in framing its chief provisions than many of the other principal -persons who sat in the Convention; and some of its provisions were not -wholly acceptable to him when framed. But the history, which has been -detailed in the previous chapters of this work, of the progress of -federal ideas, and of the efforts to introduce and establish principles -tending to consolidate the Union, has been largely occupied with the -recital of his opinions, exertions, and prevalent influence. Beginning -with the year 1780, when he was only three-and-twenty years of age, and -when he sketched the outline of a national government strongly -resembling the one which the Constitution long afterwards established; -passing through the term of his service in Congress, when his admirable -expositions of the revenue system, the commercial power, and the ratio -of contribution, may justly be said to have saved the Union from -dissolution; and coming down to the time when he did so much to bring -about, first, the meeting at Annapolis, and then the general and final -Convention of all the States;--the whole period is marked by his wisdom -and filled with his power. He did more than any other public man of the -time to lessen the force of State attachments, to create a national -feeling, and to lead the public mind to a comprehension of the necessity -for an efficient national sovereignty. - -Indeed, he was the first to perceive and to develop the idea of a real -union of the people of the United States. To him, more than to any one -else, is to be attributed the conviction that the people of the -different States were competent to establish a general government by -their own direct action; and that this mode of proceeding ought to be -considered within the contemplation of the State legislatures, when they -appointed delegates to a convention for the revision and amendment of -the existing system.[402] - -The age in which he lived, and the very extraordinary early maturity of -his character, naturally remind us of that remarkable person who was two -years his junior, and who became prime-minister of England at the age of -twenty-four. The younger Pitt entered public life with almost every -possible advantage. Inheriting "a great and celebrated name,"[403] -educated expressly for the career of a statesman, and introduced into -the House of Commons at a moment when power was just ready to drop into -the hands of any man capable of wielding it, he had only to prove -himself a brilliant and powerful debater, in order to become the ruler -of an empire, whose constitution had been settled for ages, and was -necessarily administered by the successful leaders of regular parties in -its legislative body. That he was a most eminent parliamentary orator, a -consummate tactician and leader of party, a minister of singular energy, -and a statesman of a very high order of mind and character, at an age -when most men are scarcely beginning to give proofs of what they may -become,--all this History has deliberately and finally recorded. What -place it may assign to him among the statesmen by whose lives and -actions England and the world have been materially and permanently -benefited is not yet settled, and it is not to the present purpose to -consider. - -The theatre in which Hamilton appeared, lived, and acted, was one of a -character so totally different, that the comparison necessarily ends -with the contrast which it immediately suggests. Like Pitt, indeed, he -seems to have been born a statesman, and to have had no such youth as -ordinarily precedes the manhood of the mind. But, in the American -colonies, no political system of things existed that was fitted to train -him for a career of usefulness and honor; and yet, when the years of his -boyhood were hardly ended, he sprang forth into the troubled affairs of -the time, with the full stature of a matured and well-furnished -statesman. He, in truth, showed himself to be already the man that was -wanted. Every thing was in an unsettled and anxious state;--a state of -change and transition. There was no regular, efficient government. It -was all but a state of civil war, and the more clear-sighted saw that -this great disaster was coming. He was compelled, therefore, to mark out -for himself, step by step, beginning in 1774, a system of political -principles which should serve, not to administer existing institutions -with wisdom and beneficence, but to create institutions able to unite a -people divided into thirteen independent sovereignties; to give them the -attitude and capacity of an independent nation; and then to carry them -on, with constantly increasing prosperity and power, to their just place -in the affairs of the world. It was a great work, but Mr. Hamilton was -equal to it. He was by nature, by careful study, and by still more -careful, anxious, and earnest thought, eminently fitted to detect and -develop those resources of power and progress, which, in the dark -condition of society that attends and follows an exhausting period of -revolution, lie hidden, like generous seeds, until some strong hand -disencumbers them of the soil with which they had been oppressed, and -gives them opportunity to germinate and bear golden fruit. At the age of -three-and-twenty he had already formed well-defined, profound, and -comprehensive opinions on the situation and wants of these States. He -had clearly discerned the practicability of forming a confederated -government, and adapting it to their peculiar condition, resources, and -exigencies. He had wrought out for himself a political system, far in -advance of the conceptions of his contemporaries, and one which, in the -hands of those who most opposed him in life, became, when he was laid -in a premature grave, the basis on which this government was -consolidated; on which, to the present day, it has been administered; -and on which alone it can safely rest in that future, which seems so to -stretch out its unending glories before us. - -Mr. Hamilton, therefore, I conceive, proved himself early to be a -statesman of greater talent and power than the celebrated English -minister whose youthful success was in the eyes of the world so much -more brilliant, and whose early death was no less disheartening; for -none can doubt, that to build up a free and firm state out of a -condition of political chaos, and to give it a government capable of -developing the resources of its soil and people, and of insuring to it -prosperity, power, and permanence, is a greater work than to administer -with energy and success--even in periods of severe trial--the -constitution of an empire whose principles and modes of action have been -settled for centuries. - -Hamilton was one of those statesmen who trust to the efficacy of the -press for the advancement and inculcation of correct principles of -public policy, and who desire to accomplish important results mainly -through the action of an enlightened public opinion. That he had faith -in the intelligence and honesty of his countrymen, is proved by the -numerous writings which he constantly addressed to their reason and good -sense, in the shape of essays or letters, from the beginning to the end -of his career, upon subjects on which it was important that they should -act with wisdom and principle. - -His own opinions, although held with great firmness, were also held in -subordination to what was practicable. It was the rare felicity of his -temperament, to be able to accept a less good than his principles might -have led him to insist upon, and to labor for it, when nothing better -could be obtained, with as much patriotic energy and zeal as if it had -been the best result of his own views. The Constitution itself remains, -in this particular, a monument of the disinterestedness of his -character. He thought it had great defects. But he accepted it, as the -best government that the wisdom of the Convention could frame, and the -best that the nation would adopt. In this spirit, as soon as it was -promulgated for the acceptance of the country, he came forward and -placed himself in the foremost rank of its advocates, making himself, -for all future time, one of the chief of its authoritative expounders. -He was very ably assisted in the Federalist by Madison and Jay; but it -was from him that the Federalist derived the weight and the power which -commanded the careful attention of the country, and carried conviction -to the great body of intelligent men in all parts of the Union. The -extraordinary forecast with which its luminous discussions anticipated -the operation of the new institutions, and its profound elucidation of -their principles, gave birth to American constitutional law, which was -thus placed at once above the field of arbitrary constructions and in -the domain of legal truth. They made it a science; and so long as the -Constitution shall exist, they will continue to be resorted to as the -most important source of contemporaneous interpretation which the annals -of the country afford.[404] - -In the two paramount characters of statesman and jurist, in the -comprehensive nature of his patriotism, in his freedom from sectional -prejudices, in his services to the Union, and in the kind and magnitude -of his intellect, posterity will recognize a resemblance to him whom -America still mourns with the freshness of a recent grief, and who has -been to the Constitution, in the age that has succeeded, what Hamilton -was in the age that witnessed its formation and establishment. Without -the one of these illustrious men, the Constitution probably would never -have existed; without the other, it might have become a mere record of -past institutions, whose history had been glorious until faction and -civil discord had turned it into a record of mournful recollections. - -The following sentences, written by Hamilton soon after the adjournment -of the Convention, contain a clew to all his conduct in support of the -plan of government which that body recommended:--"It may be in me a -defect of political fortitude, but I acknowledge that I cannot feel an -equal tranquillity with those who affect to treat the dangers of a -longer continuance in our present situation as imaginary. A nation -without a national government is an awful spectacle. The establishment -of a constitution, in a time of profound peace, by the voluntary consent -of a whole people, is a prodigy, to the completion of which I look -forward with trembling anxiety." - -FOOTNOTES: - -[401] While these sheets are passing through the press, Mr. Ticknor -writes to me as follows: "One day in January, 1819, talking with Prince -Talleyrand, in Paris, about his visit to America, he expressed the -highest admiration of Mr. Hamilton, saying, among other things, that he -had known nearly all the marked men of his time, but that he had never -known one, on the whole, equal to him. I was much surprised and -gratified with the remark; but still, feeling that, as an American, I -was in some sort a party concerned by patriotism in the compliment, I -answered with a little reserve, that the great military commanders and -the great statesmen of Europe had dealt with larger masses and wider -interests than he had. 'Mais, Monsieur,' the Prince instantly replied, -'Hamilton avoit _deviné_ l'Europe.'" - -[402] See his first speech in the Convention, as reported by Mr. -Madison. - -[403] Burke, speaking of Lord Chatham. - -[404] The current editions of the Federalist are taken from an edition -published at Washington in 1818, by Jacob Gideon, in which the numbers -written by Mr. Madison purport to have been corrected by himself. There -had been three editions previous to this. The first edition was -published in 1788, in two small volumes, by J. & A. McLean, 41 Hanover -Square, New York, under the following title: "The Federalist: a -Collection of Essays written in Favor of the New Constitution, as agreed -upon by the Federal Convention, September 17, 1787." The first volume -was issued before the last of the essays were written, and the second -followed it, as soon as the series was completed. The authentic text of -the work is to be found in this edition; two of the authors were in the -city of New York at the time it was printed, and probably superintended -it. It was reissued from the same type, in 1789, by John Tiebout, 358 -Pearl Street, New York. A second edition was published in 1802, at New -York, in two volumes, containing also "Pacificus on the Proclamation of -Neutrality, and the Constitution, with its Amendments." A third edition -was published in 1810, by Williams & Whiting, New York. I have seen -copies of the first and second editions only, in the library of Peter -Force, Esq., of Washington, editor of the "American Archives." There are -some discrepancies between the text of the first edition and that of -1818, from which the current editions are taken. By whom or on what -authority the alterations were made, I have not been able to ascertain, -nor have I learned when, or why, or how far Mr. Madison may have -corrected or altered the papers which he wrote. Such of the changes as I -have examined do not materially affect the sense; but it is very -desirable that the true text of the Federalist should be reproduced. -That text exists in the first edition, which was issued while the -Constitution was before the people of the United States for their -ratification; and as the Federalist was an argument addressed to the -people in favor of the adoption of the Constitution, the exact text of -that argument, as it was read and acted upon, ought to be restored, -without regard to the reasons which may have led any of the writers, or -any one else, to alter it. I know of no evidence that Colonel Hamilton -ever made or sanctioned the alteration of a word. After the text of the -Constitution itself, there is scarcely any thing the preservation of -which is more important than the text of the Federalist as it was first -published. - - - - -CHAPTER IX. - -MADISON. - - -From Hamilton we naturally turn to his associate in the -Federalist,--James Madison, afterwards fourth President of the United -States,--whose faithful and laborious record has preserved to us the -debates of the Convention. - - * * * * * - -Mr. Madison was thirty-six years old when he entered that assembly. His -previous life had fitted him to play a conspicuous and important part in -its proceedings. He was born in 1751, of a good family, in Orange -County, Virginia, and was educated at Princeton College in New Jersey, -where he took the degree of Bachelor of Arts in 1772. He returned to -Virginia in the spring of 1773, and commenced the usual studies -preparatory to an admission to the bar; but the disputes between the -Colonies and the mother country soon drew him into public life. In 1776, -he became a member of the State Convention which formed the first -Constitution of Virginia. He was afterwards a member of the legislature -and of the Council of the State, until he was appointed one of its -delegates in Congress, where he took his seat in March, 1780.[405] - -From this time to the assembling of the Federal Convention in 1787, -his services to the Union were of the most important character. He -entered Congress without a national reputation, but with national -views. Indeed, it may be said of him, that he came from his native -Commonwealth,--"mother of great men,"--grown to the full proportions -of a continental statesman. At the moment when he appeared upon the -larger theatre of the national interests, the Articles of -Confederation had not been finally ratified by all the States. -Maryland had insisted, as a necessary condition of her accession to -the new Confederacy, that the great States should surrender to the -Union their immense claims to the unoccupied territories of the West; -Virginia had remonstrated against this demand; and the whole scheme of -the Confederation had thus been long encountered by an apparently -insurmountable obstacle.[406] The generous example of New York, whose -Western claims were ceded to the United States in the month preceding -Mr. Madison's entry into Congress, had furnished to the advocates of -the Union the means for a powerful appeal to both sides of this -critical and delicate controversy; but it required great tact, -discretion, and address to make that appeal effectual, by inducing -Maryland to trust to the influence of this example upon Virginia, and -by inducing Virginia to make a cession that would be satisfactory to -Maryland. In this high effort of statesmanship--a domestic diplomacy -full of difficulties--Mr. Madison took part. He did not prepare the -very skilful report which, while it aimed to produce cessions of their -territorial claims by the larger States, appealed to Maryland to -anticipate the result;[407] but the vast concession by which Virginia -yielded the Northwestern Territory to the Union was afterwards brought -about mainly by his exertions. - -In 1782, he united with Hamilton in the celebrated report prepared by -the latter upon the refusal of the State of Rhode Island to comply with -the recommendations of Congress for a duty on imports.[408] - -In 1783, he was named first upon a committee with Ellsworth and -Hamilton, to prepare an Address to the States, urging the adoption of -the revenue system which has been described in a previous chapter, and -the Address was written by him.[409] The great ability and high tone of -this paper gave it a striking effect. The object of this plan of revenue -was, as we have seen, to fund the national debts, and to make a -sufficient provision for their discharge. I have already assigned to it -the merit of having preserved the Union from the premature decay that -had begun to destroy its vitality;[410] and it may here be added, that -the statesman whose pen could produce the comprehensive and powerful -appeal by which it was pressed upon the States, was certain to become -one of the chief founders of the Constitution of which the plan itself -was the forerunner. It settled the fact, that a national unity in -dealing with the debts of the Revolution was "necessary to render its -fruits a full reward for the blood, the toils, the cares, and the -calamities which had purchased them." - -Such were Mr. Madison's most important services in the Congress of the -Confederation; but they are of course not the whole. A member so able -and of such broad and national views must have had a large agency in -every important transaction; and accordingly the Journals, during the -whole period of his service, bear ample testimony to his activity, his -influence, and his zeal. - -At the close of the war, he retired to Virginia, and during the three -following years was a member of the legislature, still occupied, -however, with the interests of the Union. His attention was specially -directed to the subject of enlarging the powers of Congress over the -foreign trade of the country. It is a striking fact, and a proof of the -comprehensive character of Mr. Madison's statesmanship, that Virginia, a -State not largely commercial, should have taken so prominent a part in -the efforts to give the control of commerce to the general -government;--an object which has justly been regarded as the -corner-stone of the Constitution. It arose partly from the accident of -her geographical position, which made it necessary for her to aim at -something like uniformity of regulation with the other States which -bordered upon her contiguous waters; but it is also to be attributed to -the enlightened liberality and forecast of her great men, who saw in the -immediate necessities of their own State the occasion for a measure of -general advantage to the country. - -Mr. Madison's first effort was, to procure a declaration by the -legislature of Virginia of the necessity for a uniform regulation of the -commerce of the States by the federal authority. For this purpose, he -introduced into the legislature a series of propositions, intended to -instruct the delegates of the State in Congress to propose a -recommendation to the States to confer upon Congress power to regulate -their trade and to collect a revenue from such regulation. This measure, -as we have seen, encountered the opposition of those who preferred a -temporary to a perpetual and irrevocable grant of such power; and the -propositions were so much changed in the Committee of the Whole, that -they were no longer acceptable to their original friends. The steps -which finally led the legislature of Virginia to recommend a general -convention of all the States have been detailed in a previous chapter of -this work; but it is due to Mr. Madison's connection with this movement, -that they should here be recapitulated with reference to his personal -agency in the various transactions. - -A conflict of jurisdiction between the two States of Virginia and -Maryland over the waters which separated them had, in the spring of -1785, led to the appointment of commissioners on the part of each State, -who met at Alexandria in March. These commissioners, of whom Mr. Madison -was one, made a visit to General Washington at Mount Vernon, and it was -there proposed that the two States, whose conflicting regulations, ever -since the peace, had produced great inconvenience to their merchants, -and had been a constant source of irritation, should be recommended by -the commissioners to make a compact for the regulation of their impost -and foreign trade. Mr. Madison has left no written claim, that I am -aware of, to the authorship of this suggestion, but there exists -evidence of his having claimed it in conversation.[411] The -recommendation was made by the commissioners, and their report was -adopted by both States;--by Virginia unconditionally, and by Maryland -with the qualification that the States of Delaware and Pennsylvania -should be invited to unite in the plan. - -After the commercial propositions introduced by Mr. Madison had lain on -the table for some time as a report from the Committee of the Whole, the -report of the Alexandria commissioners was received and ratified by the -legislature of Virginia. Although the friends of those propositions were -gradually increasing, Mr. Madison had no expectation that a majority -could be obtained in favor of a grant of commercial powers to Congress -for a longer term than twenty-five years. The idea of a general -convention of delegates from all the States, which had been for some -time familiar to Mr. Madison's mind, then suggested itself to him, and -he prepared and caused to be introduced the resolution which led to the -meeting that afterwards took place at Annapolis, for the purpose of -digesting and reporting the requisite augmentation of the powers of -Congress over trade.[412] His resolution, he says, being, on the last -day of the session, "the alternative of adjourning without any effort -for the crisis in the affairs of the Union, obtained a general vote; -less, however, with some of its friends, from a confidence in the -success of the experiment, than from a hope that it might prove a step -to a more comprehensive and adequate provision for the wants of the -Confederacy."[413] - -Mr. Madison was appointed one of the commissioners of Virginia to the -meeting at Annapolis. There he met Hamilton, who came meditating nothing -less than the general revision of the whole system of the Federal Union, -and the formation of a new government. Mr. Madison, although less -confident than the great statesman of New York as to the measures that -ought to be taken, had yet for several years been equally convinced that -the perpetuity and efficacy of the existing system could not be confided -in. He therefore concurred readily in the report recommending a general -convention of all the States; and when that report was received in the -legislature of Virginia, he became the author of the celebrated act -which passed that body on the 4th of December, 1786, and under which the -first appointment of delegates to the Convention was made. It was also -chiefly through his exertions, combined with the influence of Governor -Randolph, that General Washington's name was placed at the head of the -delegation, and that he was induced to accept the appointment. Mr. -Madison himself was the fourth member of the delegation. - -In the Convention, his labors must have been far more arduous than those -of any other member of the body. He took a leading part in the debates, -speaking upon every important question; and in addition to all the -usual duties devolving upon a person of so much ability and influence, -he preserved a full and careful record of the discussions with his own -hand. Impressed, as he says, with the magnitude of the trust confided to -the Convention, and foreseeing the interest that must attach to an -authentic exhibition of the objects, the opinions, and the reasonings -from which the new system of government was to receive its peculiar -structure and organization, he devoted the hours of the night succeeding -the session of each day to the preparation of the record with which his -name is imperishably associated. "Nor was I," he adds, "unaware of the -value of such a contribution to the fund of materials for the history of -a Constitution on which would be staked the happiness of a people, great -even in its infancy, and possibly the cause of liberty throughout the -world."[414] - -As a statesman, he is to be ranked, by a long interval, after Hamilton; -but he was a man of eminent talent, always free from local prejudices, -and sincerely studious of the welfare of the whole country. His -perception of the principles essential to the continuance of the Union -and to the safety and prosperity of the States, was accurate and clear. -His studies had made him familiar with the examples of ancient and -modern liberty, and he had carefully reflected upon the nature of the -government necessary to be established. He was one of the few persons -who carried into the Convention a conviction that an amendment of the -Articles of Confederation would not answer the exigencies of the time. -He regarded an individual independence of the States as irreconcilable -with an aggregate sovereignty of the whole, but admitted that a -consolidation of the States into a simple republic was both -impracticable and inexpedient. He sought, therefore, for some middle -ground, which would at once support a due supremacy of the national -authority, and leave the local authorities in force for their -subordinate objects. - -For this purpose, he conceived that a system of representation which -would operate without the intervention of the States was indispensable; -that the national government should be armed with a positive and -complete authority in all cases where a uniformity of measures was -necessary, as in matters of trade, and that it should have a negative -upon the legislative acts of the States, as the crown of England had -before the Revolution. He thought, also, that the national supremacy -should be extended to the judiciary, and foresaw the necessity for -national tribunals, in cases in which foreigners and citizens of -different States might be concerned, and also for the exercise of the -admiralty jurisdiction. He considered two branches of the legislature, -with distinct origins, as indispensable; recognized the necessity for a -national executive, and favored a council of revision of the laws, in -which should be included the great ministerial officers of the -government. He saw also, that, to give the new system its proper energy, -it would be necessary to have it ratified by the authority of the -people, and not merely by that of the legislatures.[415] - -Such was the outline of the project which he had formed before the -assembling of the Convention. How far his views were modified by the -discussions in which he took part will be seen hereafter. As a speaker -in a deliberative assembly, the successive schools in which he had been -trained had given him a habit of self-possession which placed all his -resources at his command. "Never wandering from his subject," says Mr. -Jefferson, "into vain declamation, but pursuing it closely, in language -pure, classical, and copious, soothing always the feelings of his -adversaries by civilities and softness of expression, he rose to the -eminent station which he held in the great national Convention of 1787; -and in that of Virginia which followed, he sustained the new -Constitution in all its parts, bearing off the palm against the logic of -George Mason and the fervid declamation of Mr. Henry. With these -consummate powers were united a pure and spotless virtue, which no -calumny has ever attempted to sully."[416] - -Mr. Madison's greatest service in the national Convention consisted in -the answers which he made to the objections of a want of power in that -assembly to frame and propose a new constitution, and his paper on this -subject in the Federalist is one of the ablest in the series. - -As this work is confined to the period which terminated with the -adoption of the Constitution, it is not necessary to examine those -points on which the two principal writers of the Federalist became -separated from each other, when the administration of the government led -to the formation of the first parties known in our political history. -These topics it may become my duty to discuss hereafter, should I pursue -the constitutional history of the country through the administration of -Washington. At present, it may be recorded of both, that, upon almost -all the great questions that arose before the Constitution was finally -adopted, the single purpose of establishing a system as efficient as the -theory of a purely republican government would admit, was the object of -their efforts; and that, although they may have differed with regard to -the details and methods through which this object was to be reached, the -purpose at which they both aimed places them in the same rank at the -head of those founders of our government, towards whom the gratitude of -the succeeding generations of America must be for ever directed.[417] - -FOOTNOTES: - -[405] Article "Madison" in the Penny Encyclopædia, written for that work -by Professor George Tucker of the University of Virginia. - -[406] Ante, pp. 131-141. - -[407] It was drawn by James Duane of New York. - -[408] Ante, pp. 174, 206-208. - -[409] Ante, pp. 177-179. - -[410] Ante, pp. 176, 186, 188. - -[411] In preparing the note to page 342 (ante), I refrained from -attributing to General Washington the suggestion of the enlarged plan -recommended by the Alexandria commissioners, although it was concerted -at his house, because there is no evidence, beyond that fact, of his -having proposed this enlargement of the plan. Since that note was -printed, I have learned in a direct manner, that Mr. Madison had stated -to the Hon. Edward Coles, formerly his private secretary and afterwards -Governor of Illinois, that he (Mr. Madison) first suggested it. In -assigning, therefore, to the different individuals who took a prominent -part in the measures which led to the formation of the Constitution, the -various suggestions which had an important influence upon the course of -events,--a curious and interesting inquiry,--I consider that to Mr. -Madison belongs the credit of having originated that series of Virginia -measures which brought about the meeting of commissioners of all the -States at Annapolis, for the purpose of enlarging the powers of Congress -over commerce; while Hamilton is to be considered the author of the plan -in which the Convention at Annapolis was merged, for an entire revision -of the federal system and the formation of a new constitution. - -[412] The resolve was introduced by Mr. Tyler, father of the -Ex-President, a person of much influence in the legislature, and who had -never been in Congress. Although prepared by Mr. Madison, it was not -offered by him, for the reason that a great jealousy was felt against -those who had been in the federal councils, and because he was known to -wish for an enlargement of the powers of Congress. See Madison's -Introduction to the Debates in the Convention, Elliot, V. 113. - -[413] Ibid., p. 114. - -[414] Introduction to the Debates, Elliot, V. 121. - -[415] Letter to Edmund Randolph, dated New York, April 8, 1787. - -[416] Jefferson's Autobiography. Works, I. 41, edition of 1853. - -[417] The following extract from an autograph letter of Mr. Madison, -hitherto unpublished, which lies before me, written after the adoption -of the Constitution, shows very clearly that he concurred with Hamilton -in the opinion that the strongest government consistent with the -republican form was necessary in the situation of this country. The -letter is dated at Philadelphia, December 10, 1788, and is addressed to -Philip Mazzei, at Paris. - -"Your book, as I prophesied, sells nowhere but in Virginia; a very few -copies only have been called for, either in New York or in this city. -The language in which it is written will account for it. In order to -attract notice, I translated the panegyric in the French Mercure, and -had it made part of the advertisement. I did not translate the comment -on the Federal Constitution, as you wished, because I could not spare -the time, as well as because I did not approve the tendency of it. Some -of your remarks prove that Horace's '_Coelum non animum mutant qui trans -mare currunt_' does not hold without exception. In Europe, the abuses of -power continually before your eyes have given a bias to your political -reflections, which you did not feel in equal degree when you left -America, and which you would feel less of, if you had remained in -America. Philosophers on the old continent, in their zeal against -tyranny would rush into anarchy; as the horrors of superstition drive -them into atheism. Here, perhaps, the inconveniences of relaxed -government have reconciled too many to the opposite extreme. If your -plan of a single legislature, as in Pennsylvania, &c., were adopted, I -sincerely believe that it would prove the most deadly blow ever given to -republicanism. Were I an enemy to that form, I would preach the very -doctrines which are preached by the enemies to the government proposed -for the United States. Many of our best citizens are disgusted with the -injustice, instability, and folly which characterize the American -administrations. The number has for some time been rapidly increasing. -Were the evils to be much longer protracted, the disgust would seize -citizens of every description. - -"It is of infinite importance to the cause of liberty to ascertain the -degree of it which will consist with the purposes of society. An error -on one side may be as fatal as on the other. Hitherto, the error in the -United States has lain in the excess. - -"All the States, except North Carolina and Rhode Island, have ratified -the proposed Constitution. Seven of them have appointed their Senators, -of whom those of Virginia, R. H. Lee and Colonel Grayson, alone are -among the opponents of the system. The appointments of Maryland, South -Carolina, and Georgia will pretty certainly be of the same stamp with -the majority. The House of Representatives is yet to be chosen, -everywhere except in Pennsylvania. From the partial returns received, -the election will wear a federal aspect unless the event in one or two -particular counties should contradict every calculation. If the eight -members from this State be on the side of the Constitution, it will in a -manner secure the majority in that branch of the Congress also. The -object of the anti-Federalists is, to bring about another general -convention, which would either agree on nothing, as would be agreeable -to some, and throw every thing into confusion, or expunge from the -Constitution parts which are held by its friends to be essential to it. -The latter party are willing to gratify their opponents with every -supplemental provision for general rights, but insist that this can be -better done in the mode provided for amendments. - -"I remain, with great sincerity, your friend and servant, - - "JAS. MADISON, JR." - - - - -CHAPTER X. - -FRANKLIN. - - -The Convention was graced and honored by the venerable presence of Dr. -Franklin, then President of the State of Pennsylvania, and in his -eighty-second year. He had returned from Europe only two years before, -followed by the admiration and homage of the social, literary, and -scientific circles of France; laden with honors, which he wore with a -plain and shrewd simplicity; and in the full possession of that -predominating common-sense, which had given him, through a long life, a -widely extended reputation of a peculiar character. The oldest of the -public men of America, his political life had embraced a period of more -than half a century, extending back to a time when independence had not -entered into the dreams of the boldest among the inhabitants of the -English Colonies. For more than twenty years before the Revolution -commenced, he had held a high and responsible office under the crown, -the administration of which affected the intercourse and connection of -all the Colonies;[418] and more than twenty years before the first -Continental Congress was assembled, he had projected a plan of union for -the thirteen Provinces which then embraced the whole of the British -dominions in North America.[419] Nearly as long, also, before the -Declaration of Independence, he had become the resident agent in England -of several of the Colonies, in which post he continued, with a short -interval, through all the controversies that preceded the Revolution, -and until reconciliation with the mother country had become -impossible.[420] - -Returning in 1775, he was immediately appointed by the people of -Pennsylvania one of their delegates in the second Continental Congress. -In the following year, he was sent as commissioner to France, where he -remained until he was recalled, and was succeeded by Mr. Jefferson, in -1785. - -With the fame of his two residences abroad--the one before and the other -after the country had severed its connection with England--the whole -land was filled. The first of them, commencing with an employment for -settling the miserable disputes between the people and the Proprietaries -of Pennsylvania, was extended to an agency for the three other Colonies -of Georgia, New Jersey, and Massachusetts, which finally led him to take -part in the affairs of all British America, and made him virtually the -representative of American interests. His brief service in Congress, -during which he signed the Declaration of Independence, was followed by -his appointment as Commissioner at the Court of Versailles, which he -made the most important sphere that has ever been filled by any American -in Europe, and in which that treaty of alliance with France was -negotiated which enabled the United States to become in fact an -independent nation. - -His long career of public service; his eminence as a philosopher, a -philanthropist, and a thinker; the general reverence of the people for -his character; his peculiar power of illustrating and enforcing his -opinions by a method at once original, simple, and attractive,--made his -presence of the first importance in an assembly which was to embrace the -highest wisdom and virtue of America. - -It is chiefly, however, by the countenance he gave to the effort to -frame a Constitution, that his services as a member of this body are to -be estimated. His mind was at all times ingenious, rather than large and -constructive; and his great age, while it had scarcely at all impaired -his natural powers, had confirmed him in some opinions which must -certainly be regarded as mistaken. His desire, for example, to have the -legislature of the United States consist of a single body, for the sake -of simplicity, and his idea that the chief executive magistrate ought -to receive no salary for his official services, for the sake of purity, -were both singular and unsound. - -But there were points upon which he displayed extraordinary wisdom, -penetration, and forecast. When an objection to a proportionate -representation in Congress was started, upon the ground that it would -enable the larger States to swallow up the smaller, he declared that, as -the great States could propose to themselves no advantage by absorbing -their inferior neighbors, he did not believe they would attempt it. His -recollection carried him back to the early part of the century, when the -union between England and Scotland was proposed, and when the Scotch -patriots were alarmed by the idea that they should be ruined by the -superiority of England, unless they had an equal number of members in -Parliament; and yet, notwithstanding the great inferiority in their -representation as established by the act of union, he declared, that, -down to that day, he did not recollect that any thing had been done in -the Parliament of Great Britain to the prejudice of Scotland.[421] - -Although he spoke but seldom in the Convention, his influence was very -great, and it was always exerted to cool the ardor of debate, and to -check the tendency of such discussions to result in irreconcilable -differences. His great age, his venerable and benignant aspect, his wide -reputation, his acute and sagacious philosophy,--which was always the -embodiment of good sense,--would have given him a controlling weight in -a much more turbulent and a far less intelligent assembly. When--after -debates in which the powerful intellects around him had exhausted the -subject, and both sides remained firm in opinions diametrically -opposed--he rose and reminded them that they were sent to consult and -not to contend, and that declarations of a fixed opinion and a -determination never to change it neither enlightened nor convinced those -who listened to them, his authority was felt by men who could have -annihilated any mere logical argument that might have proceeded from him -in his best days. - -Dr. Franklin was one of those who entertained serious objections to the -Constitution, but he sacrificed them before the Convention was -dissolved. Believing a general government to be necessary for the -American States; holding that every form of government might be made a -blessing to the people by a good administration; and foreseeing that the -Constitution would be well administered for a long course of years, and -could only end in despotism when the people should have become so -corrupted as to be incapable of any other than a despotic government, he -gladly embraced a system which he was astonished to find approaching so -near to perfection. - -"The opinions I have had of its errors," said he, "I sacrifice to the -public good. Within these walls they were born, and here they shall -die. If every one of us, in returning to our constituents, were to -report the objections he has had to it, and endeavor to gain partisans -in support of them, we might prevent its being generally received, and -thereby lose all the salutary effects and great advantages, resulting -naturally in our favor, among foreign nations as well as among -ourselves, from our real or apparent unanimity. Much of the strength -and efficiency of any government in procuring and securing happiness -to the people depends on opinion,--on the general opinion of the -goodness of the government, as well as of the wisdom and integrity of -its governors. I hope, therefore, that for our own sakes as a part of -the people, and for the sake of posterity, we shall act heartily and -unanimously in recommending this Constitution (approved by Congress -and confirmed by the conventions) wherever our influence may extend, -and turn our future thoughts and endeavors to the means of having it -well administered."[422] - -And thus, with a cheerful confidence in the future, sustaining the hopes -of all about him, and hailing every omen that foretold the rising -glories of his country,[423] this wise old man passed out from the -assembly, when its anxious labors had been brought to a close with a -nearer approach to unanimity than had ever been expected. He lived, -borne down by infirmities, - - "To draw his breath in pain" - -for nearly three years after the Convention was dissolved; but it was to -see the Constitution established, to witness the growing strength of the -new government, and to contemplate the opening successes and the -beneficent promise of Washington's administration. Writing to the first -President in 1789, he said: "For my own personal ease, I should have -died two years ago; but though those years have been spent in -excruciating pain, I am pleased that I have lived them, since they have -brought me to see our present situation."[424] - -FOOTNOTES: - -[418] In 1753, he was appointed Deputy Postmaster-General for the -British Colonies, from which place he was dismissed in 1774, while in -England, on account of the part he had taken in American affairs. - -[419] In 1754. See an account of this plan, ante, p. 8. - -[420] He first went to England in 1757, as agent of the Pennsylvania -Assembly to settle their difficulties with the Proprietaries, where he -remained until 1762. In 1764, he was reappointed provincial agent in -England for Pennsylvania; in 1768, he received a similar appointment -from Georgia; in 1769, he was chosen agent for New Jersey; and in 1770, -he became agent for Massachusetts. His whole residence in England, from -1757 to 1775, embraced a period of sixteen years, two years having been -passed at home. He resided in France about nine years, from 1776 to -1785. - -[421] He added, with his usual quiet humor, that "whoever looks over the -lists of public officers, civil and military, of that nation, will find, -I believe, that the North Britons enjoy their full proportion of -emolument." Madison, Elliot, V. 179. - -[422] Madison, Elliot, V. 554. - -[423] Mr. Madison has recorded the following anecdote at the end of the -Debates, as an incident worthy of being known to posterity. "Whilst the -last members were signing, Dr. Franklin, looking towards the President's -chair, at the back of which a rising sun happened to be painted, -observed to a few members near him, that painters had often found it -difficult, in their art, to distinguish a rising from a setting sun. 'I -have,' said he, 'often and often, in the course of the session, and the -vicissitude of my hopes and fears as to its issue, looked at that behind -the President, without being able to tell whether it was rising or -setting; but now, at length, I have the happiness to know that it is a -rising, and not a setting sun.'" - -[424] Sparks's Life of Franklin, 528. - - - - -CHAPTER XI. - -GOUVERNEUR MORRIS. - - -This brilliant, energetic, and patriotic statesman was born in the -Province of New York, at Morrisania,--the seat of his family for several -generations,--in the year 1752. He was educated for the bar; but in -1775, at the age of three-and-twenty, he was elected a member of the -Provincial Congress of New York, in which he became at once -distinguished. When the recommendation of the Continental Congress to -the Colonies, to organize new forms of government, was received, he took -a leading place in the debates on the formation of a new constitution -for the State; and when the subject of independence was brought forward, -in order that the delegates of New York in the Continental Congress -might be clothed with sufficient authority, he delivered a speech of -great power, of which fragments only are preserved, but which evidently -embraced the most comprehensive and statesmanlike views of the situation -and future prospects of this country. Speaking of the capacity of -America to sustain herself without a connection with Great Britain, he -said:-- - -"Thus, Sir, by means of that great gulf which rolls its waves between -Europe and America; by the situation of these Colonies, always adapted -to hinder or interrupt all communication between the two; by the -productions of our soil, which the Almighty has filled with every -necessary to make us a great maritime people; by the extent of our -coasts and those immense rivers, which serve at once to open a -communication with our interior country, and to teach us the arts of -navigation; by those vast fisheries, which, affording an inexhaustible -mine of wealth and a cradle of industry, breed hardy mariners, inured to -danger and fatigue; finally, by the unconquerable spirit of freemen, -deeply interested in the preservation of a government which secures to -them the blessings of liberty and exalts the dignity of mankind;--by all -these, I expect a full and lasting defence against any and every part of -the earth; while the great advantages to be derived from a friendly -intercourse with this country almost render the means of defence -unnecessary, from the great improbability of being attacked. So far, -peace seems to smile upon our future independence. But that this fair -goddess will equally crown our union with Great Britain, my fondest -hopes cannot lead me to suppose. Every war in which she is engaged must -necessarily involve us in its detestable consequences; whilst, weak and -unarmed, we have no shield of defence, unless such as she may please -(for her own sake) to afford, or else the pity of her enemies and the -insignificance of slaves beneath the attention of a generous foe."[425] - -In 1778, Mr. Morris was chosen a delegate to the Continental Congress -from the State of New York. His reputation for talent, zeal, activity, -and singular capacity for business, had preceded him. On the very day -when he presented his credentials, he was placed upon a committee to -proceed to Valley Forge, to confer with General Washington on the -measures necessary for a reorganization of the army. He remained in -Congress for two years, discharging, with great ability and high -patriotism, the most important functions, and subjected all the while to -the most unjust popular suspicions of his fidelity to the cause of the -country. Few of all the prominent men of the Revolution sacrificed or -suffered more than Gouverneur Morris. The fact that all the other -members of his family adhered to the royalist side, and an ineffectual -effort which he once made to visit his mother, at his ancestral home, -then within the British lines, gave his enemies the means of inflicting -upon him a deep injury in the popular estimation. He was not re-elected -to Congress; but short as his career in that body was, it was filled -with services inferior to those of none of his associates. - -Before he left Congress, in February, 1779, he made--as chairman of a -committee to whom certain communications from the French minister in the -United States were referred--a report which became the basis of the -peace that afterwards followed; and when the principles on which the -peace was to be negotiated had been settled, he drew the instructions to -the commissioners, and they were unanimously adopted without -change.[426] - -On leaving Congress, Mr. Morris took up his residence in Philadelphia, -and resumed the practice of the law. His remarkable talent for business, -however, and his intimate knowledge of financial subjects, led to his -appointment as Assistant Financier with Robert Morris. In this capacity, -he suggested the idea of the decimal notation, which was afterwards made -the basis of the coinage of the United States.[427] - -Having been appointed one of the delegates from the State of -Pennsylvania to the Convention for forming the Constitution of the -United States, Mr. Morris attended the whole session, with the exception -of a few days in June, and entered into its business with his accustomed -ardor. To remove impediments, obviate objections, and conciliate jarring -opinions, he exerted all his fine faculties, and employed his remarkable -eloquence. But he is chiefly to be remembered, in connection with the -Constitution, as the author of its text. To his pen belongs the merit of -that clear and finished style,--that _lucidus ordo_,--that admirable -perspicuity, which have so much diminished the labors and hazards of -interpretation for all future ages.[428] - -The character of Gouverneur Morris was balanced by many admirable -qualities. His self-possession was so complete in all circumstances, -that he is said to have declared, that he never knew the sensation of -fear, inferiority, or embarrassment, in his intercourse with men. -Undoubtedly, his self-confidence amounted sometimes to boldness and -presumption; but we have it on no less an authority than Mr. Madison's, -that he added to it a candid surrender of his opinions, when the lights -of discussion satisfied him that they had been too hastily formed.[429] -He was a man of genius, fond of society and pleasure, but capable of -prodigious exertion and industry, and possessed of great powers of -eloquence. - -He loved to indulge in speculations on the future condition of the -country, and often foresaw results which gave him patience under the -existing state of things. In 1784, writing to Mr. Jay, at a time when -the clashing commercial regulations of the States seemed about to put an -end to the Union, he said: "True it is, that the general government -wants energy, and equally true it is, that this want will eventually be -supplied. A national spirit is the natural result of national existence, -and although some of the present generation may feel colonial -oppositions of opinion, yet this generation will die away and give place -to a race of Americans."[430] - -He was himself, at all times, an American, and never more so than during -the discussions of the Convention. Appealing to his colleagues to extend -their views beyond the narrow limits of place whence they derived their -political origin, he declared, with his characteristic energy and point, -that State attachments and State importance had been the bane of this -country. "We cannot annihilate," said he, "but we may perhaps take out -the teeth of the serpents."[431] - -In truth, the circumstances of his life had prevented him from feeling -those strong local attachments which he considered the great impediments -to the national prosperity. Born in one State, he had then resided for -seven years in another, from whose inhabitants he had received at least -equal marks of confidence with those that had been bestowed upon him by -the people among whom he first entered public life. - -In his political opinions, he probably went farther in opposition to -democratic tendencies than any other person in the Convention. He was in -favor of an executive during good behavior, of a Senate for life, and of -a freehold qualification for electors of representatives. In several -other respects, the Constitution, as actually framed, was distasteful to -him; but, like many of the other eminent men who doubted its theoretical -or practical wisdom, he determined at once to abide by the voice of the -majority. He saw that, as soon as the plan should go forth, all other -considerations ought to be laid aside, and the great question ought to -be, Shall there be a national government or not? He acknowledged that -the alternatives were, the adoption of the system proposed, or a general -anarchy;--and before this single and fearful issue all questions of -individual opinion or preference sank into insignificance.[432] It is a -proof both of his sincerity and of the estimate in which his abilities -were held, that, when this great issue was presented to the people, he -was invited by Hamilton to become one of the writers of the -Federalist.[433] It is not known why he did not embrace the opportunity -of connecting himself with that celebrated publication; but his -correspondence shows that it was from no want of interest in the result. -He took pains to give to Washington his decided testimony, from personal -observation, that the idea of his refusing the Presidency would, if it -prevailed, be fatal to the Constitution in many parts of the -country.[434] - -Mr. Morris filled two important public stations, after the adoption of -the Constitution. He was the first Minister to France appointed by -General Washington, and filled that office from May, 1792, until August, -1794. In February, 1800, he was chosen by the legislature of New York to -supply a vacancy in the Senate of the United States, which he filled -until the 4th of March, 1803. He died at Morrisania on the 6th of -November, 1818. "Let us forget party," said he, "and think of our -country, which embraces all parties."[435] - -FOOTNOTES: - -[425] Sparks's Life of G. Morris, I. 103. The florid and declamatory -style of this speech belongs to the period and to the youth of the -speaker. The breadth of its views and its vigor of thought display the -characteristics which belonged to him through life. He had a prophetic -insight of the future resources of this country, and made many -remarkable predictions of its greatness. His biographer has claimed for -him the suggestion of the plan for uniting the waters of Lake Erie with -those of the Hudson, and upon very strong evidence. - -[426] See the Report and the debates thereon, Secret Journals, II. 132 -et seq. - -[427] In January, 1782, the Financier made a report, which was -officially signed by him, but which Mr. Jefferson says was prepared by -his Assistant, Gouverneur Morris. It embraced an elaborate statement of -the denominations and comparative value of the foreign coins in -circulation in the different States, and proposed the adoption of a -money unit and a system of decimal notation for a new coinage. The unit -suggested was such a portion of pure silver as would be a common measure -of the penny of every State, without leaving a fraction. This common -divisor Mr. Morris found to be one 1440th of a dollar, or one 1600th of -the crown sterling. The value of a dollar was therefore to be expressed -by 1,440 units, and that of a crown by 1,600, each unit containing a -quarter of a grain of fine silver. Nothing, however, was done, until -1784, when Mr. Jefferson, being in Congress, took up the subject. He -approved of Mr. Morris's general views, and his method of decimal -notation, but objected to his unit as too minute for ordinary use. Mr. -Jefferson proposed the dollar as the unit of account and payment, and -that its divisions and subdivisions should be in the decimal ratio. This -plan was adopted in August, 1785, and in 1786 the names and characters -of the coins were determined. The ordinance establishing the coinage was -passed August 8, 1786, and that establishing the mint, on the 16th of -October, in the same year. (Jefferson's Autobiography, Works, I. 52-54. -Life of Gouverneur Morris, I. 273. Journals of Congress, XI. 179, 254.) - -[428] The materials for the final preparation of the instrument, -consisting of a reported draft in detail and the various resolutions -which had been adopted, were placed in the hands of a committee of -revision, of which William Samuel Johnson, of Connecticut, was the -chairman; the other members being Messrs. Hamilton, Gouverneur Morris, -Madison, and King. The chairman committed the work to Mr. Morris, and -the Constitution, as adopted, was prepared by him. (See Mr. Madison's -letter to Mr. Sparks, Life of Gouverneur Morris, I. 284. Madison's -Debates, Elliot, V. 530.) - -[429] Life of Morris, I. 284-286. - -[430] Ibid. 266. - -[431] Madison, Elliot, V. 276, 277. - -[432] Madison, Elliot, V. 556. - -[433] Life, I. 287. - -[434] Ibid. 288-290. - -[435] Ibid. 517. - - - - -CHAPTER XII. - -KING. - - -Rufus King, celebrated as a jurist, a statesman, an orator, and a -diplomatist, was sent to the Convention by the Commonwealth of -Massachusetts. Born in her District of Maine, in 1755, and graduated at -Harvard College in 1777, he came very early into public life, and was -rarely out of it until his death, which occurred in 1827, in the -seventy-third year of his age. - -His first public service was in the year 1778, as a volunteer in the -expedition against the British in Rhode Island, in which he acted as -aide-de-camp to General Sullivan. In 1780, he commenced the practice of -the law in the town of Newburyport, and was soon after elected from that -town to the legislature of the State. There he distinguished himself by -a very powerful speech in favor of granting to the general government -the five per cent. impost recommended by Congress as part of the revenue -system of 1783. - -He was soon after elected a member of Congress from Massachusetts, in -which body he took his seat on the 6th of December, 1784, and served -until the close of the year 1787. He was thus a member both of the -Convention for forming the Constitution and of the Congress which -sanctioned and referred it to the people. He was also a member of the -Convention of Massachusetts, in which the Constitution was ratified by -that State. - -Mr. King did not favor the plan of a convention for the revision of the -federal system, until after the meeting at Annapolis had been held; and, -indeed, he did not concur in its expediency, until after the troubles in -Massachusetts had made its necessity apparent. In 1785, as we have seen, -he joined with the other members of the Massachusetts delegation in -opposing it.[436] In the autumn of 1786, when the report of the -Annapolis Convention was before Congress, he expressed the opinion, in -person, to the legislature of Massachusetts, that the Articles of -Confederation could not be altered, except by the consent of Congress -and the confirmation of the several legislatures; that Congress ought, -in the first instance, to make the examination of the federal system, -since, if it was done by a convention, no legislature would have a right -to confirm it; and further, that, if Congress should reject the report -of a convention, the most fatal consequences might follow. For these -reasons, he at that time held Congress to be the proper body to propose -alterations.[437] - -At the moment when he was making this address to the legislature, the -disturbances in Massachusetts were fast gathering into that formidable -insurrection, which two months afterwards burst forth in the interior of -the State.[438] Mr. King spoke of these commotions in grave and pointed -terms. He told the legislature that Congress viewed them with deep -anxiety; that every member of the national councils felt his life, -liberty, and property to be involved in the issue of their decisions; -that the United States would not be inactive on such an occasion, for, -if the lawful authority of the State were to be prostrated, every other -government would eventually be swept away. He entreated them to -remember, that, if the government were in a minority in the State, they -had a majority of every State in the Union to join them.[439] - -He returned to Congress immediately. But there he found that the -reliance which he had placed upon the ability of the Confederation to -interfere and suppress such a rebellion was not well founded. The power -was even doubted, or denied, by some of the best statesmen in that body; -and although the insurrection was happily put down by the government of -the State itself, the fearful exposure of a want of external power -adequate to such emergencies produced in Mr. King, as in many others, a -great change of views, both as to the necessity for a radical change of -the national government and as to the mode of effecting it. His vote, -in February, was given to the proposition introduced by the delegation -of New York for a national convention; and when that failed, he united -with his colleague, Mr. Dane, in bringing forward the resolution by -which the Convention was finally sanctioned in Congress.[440] - -The Convention having been sanctioned by Congress, no man was more ready -than Mr. King to maintain its power to deliberate on and propose any -alterations that Congress could have suggested in the Federal Articles. -He held that the proposing of an entire change in the mode of suffrage -in the national legislature, from a representation of the States alone -to a representation of the people, was within the scope of their powers, -and consistent with the Union; for if that Union, on the one hand, -involved the idea of a confederation, on the other hand it contained -also the idea of consolidation, from which a national character resulted -to the individuals of whom the States were composed. He doubted the -practicability of annihilating the State governments, but thought that -much of their power ought to be taken from them.[441] He declared, that, -when every _man_ in America might be secured in his rights, by a -government founded on equality of representation, he could not sacrifice -such a substantial good to the phantom of _State_ sovereignty. If this -illusion were to continue to prevail, he should be prepared for any -event, rather than sit down under a government founded on a vicious -principle of representation, and one that must be as short-lived as it -would be unjust.[442] - -There is one feature of the Constitution with which the name of Mr. King -should always be connected, and of which he may be said, indeed, to have -been the author. Towards the close of the session, he introduced the -prohibition on the States to pass laws affecting the obligation of -contracts. It appears that the Ordinance for the government of the -Northwestern Territory, which had been passed by Congress about a month -previous, contained a similar prohibition on the States to be formed out -of that territory. That any of the jurists who were concerned in the -framing of either instrument foresaw at the moment all the great future -importance and extensive operation of this wise and effective provision, -we are not authorized to affirm. But a clause which has enabled the -supreme national judicature to exercise a vast, direct, and uniform -influence on the security of property throughout all the States of this -Confederacy, should be permanently connected with the names of its -authors.[443] - -Mr. King was but little past the age of thirty when the Constitution -was adopted. After that event, he went to reside in the city of New -York, and entered upon the career of distinction which filled up the -residue of his life, as a Senator in Congress, and as Minister to -England. No formal biography of him has yet appeared; but when that duty -shall have been discharged by those to whom it appropriately belongs, -there will be added to our literature an account of a man of the most -eminent abilities and the purest patriotism, whose influence and agency -in the great transactions which attended the origin and first operations -of the government were of the utmost importance. - -FOOTNOTES: - -[436] Ante, p. 339, note. - -[437] Mr. King being in Boston in October, 1786, was desired by the -legislature to attend and give an account of the state of national -affairs. For an abstract of his address, see Boston Magazine for the -year 1786, p. 406. - -[438] Ante, p. 266 et seq. - -[439] Ibid. - -[440] Journals, XII. 15-17. - -[441] Madison, Elliot, V. 212, 213. - -[442] Madison, Elliot, V. 266. - -[443] The Ordinance for the government of the Northwestern Territory was -drawn by Nathan Dane of Massachusetts. It was reported in Congress July -11th, 1787, and was passed July 13th. The committee by whom it was -reported were Messrs. Carrington and R. H. Lee of Virginia, Kearney of -Delaware, Smith of New York, and Mr. Dane. The clause relating to -contracts was in these words: "And in the just preservation of rights -and property, it is understood and declared, that no law ought ever to -be made or have force in the said territory, that shall in any manner -whatever interfere with or affect private contracts or engagements, -_bona fide_ and without fraud previously formed." On the 28th of August, -Mr. King moved in the Convention to insert the same clause in the -Constitution; but it was opposed, and was not finally adopted until -September 14, when it was incorporated in the phraseology in which it -now stands in the Constitution. (Madison, Elliot, V. 485; Journal of the -Convention, Elliot, I. 311.) - - - - -CHAPTER XIII. - -CHARLES COTESWORTH PINCKNEY. - - -Charles Cotesworth Pinckney of South Carolina, the eldest son of a chief -justice of that Colony, distinguished both as a soldier and a civilian, -was educated in England, and read law at the Temple. He returned to his -native province in 1769, and commenced the practice of his profession; -which, like many of the young American barristers of that day, he was -obliged to abandon for the duties of the camp, when the troubles of the -Revolution began. He became colonel of the first regiment of the -Carolina infantry, and served under General Moultrie in the defence of -the fort on Sullivan's Island. This gallant resistance having freed the -South, for a time, from invasion, Pinckney repaired to the Northern -army, and was made aide-de-camp to General Washington; in which capacity -he served at the battles of the Brandywine and Germantown. He afterwards -acquired great distinction in the defence of South Carolina against the -British under Sir Henry Clinton. - -On the return of peace, he devoted himself to the law, in which he -became eminent. He belonged to that school of public men, who had been -trained in the service of the country under the eye of Washington, and -who had experienced with him the fatal defects of the successive -governments which followed the Declaration of Independence. Of his -abilities, patriotism, and purity of character we have the strongest -evidence, in the repeated efforts made by Washington, after the -establishment of the Constitution, to induce him to accept some of the -most important posts in the government. - -He was, indeed, one of that order of men to whom Washington gave his -entire confidence from the first. A ripe scholar, a profound lawyer, -with Revolutionary laurels of the most honorable kind,--wise, energetic, -and disinterested,--it is not singular that the people of South Carolina -should have selected him as one of their delegates to an assembly, which -was to frame a new constitution of government for the country to whose -service his earlier years had been devoted. - -General Pinckney entered the Convention with a desire to adhere, if -possible, to the characteristic principles of the Confederation; but -also with the wish to make that government more effective, by giving to -it distinct departments and enlarged powers.[444] But in the progress of -the discussions, he surrendered these views, and became a party to those -arrangements by which mutual concessions between the opposing sections -of the Union made a different form of government a practicable result. - -He was a strenuous supporter of the interests of the slaveholding -States, in all that related to their right to hold and increase their -slave population. He contended earnestly against a grant of authority to -the general government to prohibit the importation of slaves; for he -supposed that his constituents would not surrender that right. But he -finally entered into the arrangement, by which the postponement of the -power to prohibit the slave-trade to the year 1808 was made a ground of -consent on the part of the Southern States to give the regulation of -commerce to the Union. He considered it, he said, the true interest of -the Southern States to have no regulation of commerce; but he yielded -it, in consideration of the losses brought upon the commerce of the -Eastern States by the Revolution, and of their liberality towards the -interests of the Southern portion of the Confederacy. - -The framers of the Constitution of the United States have often been -bitterly reproached for permitting the slave-trade to be carried on for -twenty years after the period of its formation; and the Eastern States -have been especially accused of a sordid spirit of trade in purchasing -for themselves the advantage of a national regulation of commerce by -this concession. It is the duty of History, however, to record the facts -in their true relations. - -At the time when the Convention for framing our Constitution was -assembled, no nation had prohibited the African slave-trade. The English -Quakers, following the example of their American brethren, had begun to -move upon the subject, but it was not brought formally before Parliament -until 1788; the trade was not abolished by act of Parliament until 1807, -nor made a felony until 1810. Napoleon's decree of 1815 was the first -French enactment against the traffic. - -But in 1787, many of the members of the American Convention insisted -that the power to put an end to this trade ought to be vested in the new -government which they were endeavoring to form. But they found certain -of the Southern States unwilling to deprive themselves of the supply of -this species of labor for their new and yet unoccupied lands. Those -States would not consent to a power of immediate prohibition, and they -were extremely reluctant to yield even a power that might be used at a -future period. They preferred to keep the whole subject in their own -hands, and to determine for themselves when the importation should -cease. The members of the Convention, therefore, who desired the -abolition of this trade, found that, if they attempted to force these -States to a concession that it ought to be immediately prohibited, -either the regulation of commerce--the chief object for which the -Convention had been called--could not be obtained for the new -Constitution, or, if it were obtained, several of the Southern States -would be excluded from the Union. The question, then, that presented -itself to them was a great question of humanity and public policy, to be -judged and decided upon all the circumstances that surrounded it. - -Were they to form a Union that should include only those States willing -to consent to an immediate prohibition of the slave-trade, and thus -leave the rest of the States out of that Union, and independent of its -power to restrain the importation of slaves? Were they to abandon the -hope of forming a new Constitution for the thirteen States that had gone -together through all the conflicts and trials and sacrifices of the -Revolution, or were they to form such a government, and secure to it the -power at some early period of putting an end to this traffic? If they -were to do the latter,--if the cause of humanity demanded action upon -this and all the other great objects dependent upon their -decisions,--how could the commercial interests of the country be better -used, than in the acquisition of a power to free its commerce from the -stain and reproach of this inhuman traffic? By the arrangement which was -to form one of the principal "compromises" of the Constitution, American -commerce might achieve for itself the opportunity to do what no nation -had yet done. By this arrangement, it might be implied in the -fundamental law of the new government about to be created for the -American people, that the abolition of the slave-trade was an object -that ought to engage the attention of Christian states. Without it, the -abolition of this trade could not be secured within any time or by any -means capable of being foreseen or even conjectured. - -That the framers of the Constitution judged wisely: that they acted upon -motives which will enable History to shield them from all reasonable -reproach; and that they brought about a result alike honorable to -themselves and to their country,--will not be denied by those who -remember and duly appreciate the fact, that the Congress of the United -States, under the Constitution, was the first legislative body in the -world to prohibit the carrying of slaves to the territories of foreign -countries.[445] - -It is no inconsiderable honor to the statesmen situated as General -Pinckney and other representatives of the Southern States were, that -they should have frankly yielded the prejudices, and what they supposed -to be the interests, of their constituents, to the great object of -forming a more perfect union. Certainly they could urge, with equal if -not greater force and truth, the same arguments for the continuance of -the slave-trade, which for nearly twenty years afterwards were -continually heard in the British Parliament, and which postponed its -abolition until long after the people of England had become satisfied -both of its inhumanity and its impolicy. Whether General Pinckney was -right or wrong in the opinion that his constituents needed no national -regulation of commerce, there can be no doubt of his sincerity when he -expressed it. Nor can there be any doubt that he was fully convinced of -the fact, when he asserted that they would not adopt a constitution -that should vest in the national government an immediate power to -prohibit the importation of slaves. He made, therefore, a real -concession, when he consented to the prohibition at the end of twenty -years, and he made it in order that the union of the thirteen States -might be preserved under a Constitution adequate to its wants. - -For this, as well as for other services, he is entitled to a place of -honor among the great men who framed the charter of our national -liberties; and when we recollect that by his action he armed the -national government with a power to free the American name from the -disgrace of tolerating the slave-trade, before it was effectually put -down by any other people in Christendom, we need not hesitate to rank -him high among those who made great sacrifices for the general welfare -of the country and the general good of mankind.[446] - -FOOTNOTES: - -[444] Madison, Elliot, V. 133. - -[445] Denmark, it is said, abolished the foreign slave-trade and the -importation into her colonies in 1792, but the prohibitions were not to -take effect until 1804. 1 Kent's Commentaries, 198, note (citing Mr. -Wheaton). - -[446] In the first draft of the Constitution reported by the Committee -of Detail, it was provided that the importation of such persons as the -States might think proper to admit should not be prohibited. When the -committee to arrange, if possible, certain compromises between the -Northern and Southern States was raised, this provision, with other -matters, was referred, and it was finally agreed that the importation -should not be prohibited before the year 1808. After the adoption of the -Constitution, Congress, by the acts of March 22d, 1794, and May 10, -1800, prohibited the citizens and residents of the United States from -carrying slaves to any foreign territory for the purpose of traffic. By -the act of March 2, 1807, the importation of slaves into the United -States after January 1, 1808, was prohibited under severe penalties. In -1818 and 1819 these penalties were further increased, and in 1820, the -offence was made piracy. Although the discussion of the subject -commenced in England at about the same time (1788), it was nearly twenty -years before a bill could be carried through Parliament for the -abolition of the traffic. Through the whole of that period, and down to -the very last, counsel were repeatedly heard at the bar, in behalf of -interested parties, to oppose the reform. The trade was finally -abolished by act of Parliament in March, 1807; it was made a felony in -1810, and declared to be piracy in 1824. While, therefore, the -representatives of a few of the Southern States of this Union refused to -consent to an immediate prohibition, they did consent to engraft upon -the Constitution what was in effect a declaration that the trade should -be prohibited at a fixed period of time; and the trade was thus -abolished by the United States, under a government of limited powers, -with respect to their own territories, as soon as it was abolished by -the "omnipotent" Parliament of Great Britain. Moreover, by consenting to -give to the Union the power to regulate commerce, the Southern States -enabled Congress to abolish the slave-trade with foreign countries -thirteen years before the same trade was made unlawful to British -vessels. - - - - -CHAPTER XIV. - -WILSON. - - -James Wilson, a signer of the Declaration of Independence, and one of -the early Judges of the Supreme Court of the United States, was one of -the first jurists in America during the latter part of the last century. - -He was born in Scotland about the year 1742. After studying at Glasgow, -St. Andrews, and Edinburgh, he emigrated to Pennsylvania in 1766. He -became, soon after his arrival, a tutor in the Philadelphia College, in -which place he acquired great distinction as a classical scholar. He -subsequently studied the law, and was admitted to the bar; and, after -practising at different places, took up his residence at Philadelphia, -where he continued to reside during the rest of his life.[447] - -For six years out of the twelve that elapsed from 1775 to the summoning -of the Convention of 1787, he was a member of Congress. Concerned in all -the great measures of independence, the establishment of the -Confederation, the peace, and the revenue system of 1783, he had -acquired a fund of political experience, which became of great value to -the country and to himself. Although a foreigner by birth, he was -thoroughly American in all his sentiments and feelings, and, at the time -he entered the Convention, there were few public men in the country who -perceived more clearly the causes of the inherent weakness of the -existing government. During the war, he had always considered the -States, with respect to that war, as forming one community;[448] and he -did not admit the idea, that, when the Colonies became independent of -Great Britain, they became independent of each other.[449] From the -Declaration of Independence he deduced the doctrine that the States by -which that measure was adopted were independent in their confederated -character, and not as individual communities. This rather subtile -distinction may seem now to have been of no great practical moment, -since the Confederation had actually united the States as such, rather -than the inhabitants of the States. But it was one of the positions -assumed by those who desired to combat the idea that the States, when -assembled in Convention, were restrained, by their position as equal and -independent sovereignties, from adopting a plan of government founded on -a representation of the people. To this objection Mr. Wilson repeatedly -addressed himself, and his efforts had great influence in causing the -adoption of the principle by which the people of the States became -directly represented in the government in the ratio of their numbers. He -showed that this principle had been improperly violated in the -Confederation, in consequence of the urgent necessity of forming a -union, and the impossibility at that time of forming any other than a -union of the States. As a new partition of the States was now -impracticable, it became necessary for them to surrender a portion of -their sovereignties, and to permit their inhabitants to enter into -direct relations with a new federal union. He pointed out the twofold -relation in which the people must henceforth stand;--in the one, they -would be citizens of the general government; in the other, they would be -citizens of their particular State. As both governments were derived -from the people, and both were designed for them, both ought to be -regulated on the same principles. In no other way could the larger -States consent to a new union; and if the smaller States could not admit -the justice of a proportionate representation, it was in vain to expect -to form a constitution that would embrace and satisfy the whole country. - -This great idea of a representative government was in fact the aim of -all Mr. Wilson's exertions; and when the Constitution was formed, he -enforced this idea in the Convention of Pennsylvania with singular -power. His speech in that body is one of the most comprehensive and -luminous commentaries on the Constitution that have come down to us from -that period. It drew from Washington a high encomium, and it gained the -vote of Pennsylvania for the new government, against the ingenious and -captivating objections of its opponents. - -The life of this wise, able, and excellent man was comparatively short. -In 1789, he was appointed by Washington a Judge of the Supreme Court of -the United States. While on a circuit in North Carolina, in the year -1798, he died at Edenton, at about the age of fifty-six. The character -of his mind and the sources of his influence will be best appreciated, -by examining some of the more striking passages of his great speech on -the Constitution.[450] - -FOOTNOTES: - -[447] Encyclopædia Americana, Art. "Wilson, James." - -[448] Madison, Elliot, V. 78. - -[449] Ibid. 213. - -[450] The following extracts from the speech referred to will well repay -a careful perusal. - -"_Tacitus_,--the profound politician Tacitus,--who lived towards the -latter end of those ages which are now denominated _ancient_, who -undoubtedly had studied the constitutions of all the states and kingdoms -known before and in his time, and who certainly was qualified, in an -uncommon degree, for understanding the full force and operation of each -of them, considers, after all he had known and read, a mixed government, -composed of the three simple forms, as a thing rather to be wished than -expected. And he thinks that, if such a government could even be -instituted, its duration could not be long. One thing is very -certain,--that the doctrine of representation in government was -altogether unknown to the ancients. Now, the knowledge and practice of -this doctrine is, in my opinion, essential to every system that can -possess the qualities of freedom, wisdom, and energy. - -"It is worthy of remark, and the remark may, perhaps, excite some -surprise, that representation of the people is not, even at this day, -the sole principle of any government in Europe. Great Britain -boasts--and she may well boast--of the improvement she has made in -politics by the admission of representation; for the improvement is -important as far as it goes; but it by no means goes far enough. Is the -executive power of Great Britain founded on representation? This is not -pretended. Before the Revolution, many of the kings claimed to reign by -divine right, and others by hereditary right; and even at the -Revolution, nothing further was effected or attempted than the -recognition of certain parts of an original contract (_Blackstone_, -233), supposed, at some former remote period, to have been made between -the king and the people. A contract seems to exclude, rather than to -imply, delegated power. The judges of Great Britain are appointed by the -crown. The judicial authority, therefore, does not depend upon -representation, even in its most remote degree. Does representation -prevail in the legislative department of the British government? Even -here it does not predominate, though it may serve as a check. The -legislature consists of three branches,--the king, the lords, and the -commons. Of these, only the latter are supposed by the constitution to -represent the authority of the people. This short analysis clearly shows -to what a narrow corner of the British constitution the principle of -representation is confined. I believe it does not extend farther, if so -far, in any other government in Europe. For the American States were -reserved the glory and the happiness of diffusing this vital principle -throughout the constituent parts of government. Representation is the -chain of communication between the people and those to whom they have -committed the exercise of the powers of government. This chain may -consist of one or more links, but in all cases it should be sufficiently -strong and discernible. - -"To be left without guide or precedent was not the only difficulty in -which the Convention were involved, by proposing to their constituents a -plan of a confederate republic. They found themselves embarrassed with -another, of peculiar delicacy and importance. I mean that of drawing a -proper line between the national government and the governments of the -several States. It was easy to discover a proper and satisfactory -principle on the subject. Whatever object of government is confined, in -its operation and effects, within the bounds of a particular State, -should be considered as belonging to the government of that State; -whatever object of government extends, in its operation or effects, -beyond the bounds of a particular State, should be considered as -belonging to the government of the United States. But though this -principle be sound and satisfactory, its application to particular cases -would be accompanied with much difficulty, because, in its application, -room must be allowed for great discretionary latitude of construction of -the principle. In order to lessen or remove the difficulty arising from -discretionary construction on this subject, an enumeration of particular -instances, in which the application of the principle ought to take -place, has been attempted with much industry and care. It is only in -mathematical science that a line can be described with mathematical -precision. But I flatter myself that, upon the strictest investigation, -the enumeration will be found to be safe and unexceptionable, and -accurate, too, in as great a degree as accuracy can be expected in a -subject of this nature. Particulars under this head will be more -properly explained, when we descend to the minute view of the -enumeration which is made in the proposed Constitution. - -"After all, it will be necessary that, on a subject so peculiarly -delicate as this, much prudence, much candor, much moderation, and much -liberality should be exercised and displayed both by the federal -government and by the governments of the several States. It is to be -hoped that those virtues in government will be exercised and displayed, -when we consider that the powers of the federal government and those of -the State governments are drawn from sources equally pure. If a -difference can be discovered between them, it is in favor of the federal -government, because that government is founded on a representation of -the _whole_ Union; whereas the government of any particular State is -founded only on the representation of a part, inconsiderable when -compared with the whole. Is it not more reasonable to suppose that the -counsels of the whole will embrace the interest of every part, than that -the counsels of any part will embrace the interests of the whole? - -"I intend not, Sir, by this description of the difficulties with which -the Convention were surrounded, to magnify their skill or their merit in -surmounting them, or to insinuate that any predicament in which the -Convention stood should prevent the closest and most cautious scrutiny -into the performance which they have exhibited to their constituents and -to the world. My intention is of far other and higher aim,--to evince, -by the conflicts and difficulties which must arise from the many and -powerful causes which I have enumerated, that it is hopeless and -impracticable to form a constitution which, in every part, will be -acceptable to every citizen, or even to every government, in the United -States; and that all which can be expected is, to form such a -constitution as, upon the whole, is the best that can possibly be -obtained. Man and perfection!--a state and perfection!--an assemblage of -states and perfection! Can we reasonably expect, however ardently we may -wish, to behold the glorious union? - -"I can well recollect, though I believe I cannot convey to others, the -impression which, on many occasions, was made by the difficulties which -surrounded and pressed the Convention. The great undertaking sometimes -seemed to be at a stand; at other times, its motion seemed to be -retrograde. At the conclusion, however, of our work, many of the members -expressed their astonishment at the success with which it terminated. - -"Having enumerated some of the difficulties which the Convention were -obliged to encounter in the course of their proceedings, I shall next -point out the end which they proposed to accomplish. Our wants, our -talents, our affections, our passions, all tell us that we were made for -a state of society. But a state of society could not be supported long -or happily without some civil restraint. It is true, that, in a state of -nature, any one individual may act uncontrolled by others; but it is -equally true, that, in such a state, every other individual may act -uncontrolled by him. Amidst this universal independence, the dissensions -and animosities between interfering members of the society would be -numerous and ungovernable. The consequence would be, that each member, -in such a natural state, would enjoy less liberty, and suffer more -interruption, than he would in a regulated society. Hence the universal -introduction of governments of some kind or other into the social state. -The liberty of every member is increased by this introduction; for each -gains more by the limitation of the freedom of every other member, than -he loses by the limitation of his own. The result is, that civil -government is necessary to the perfection and happiness of man. In -forming this government, and carrying it into execution, it is -_essential_ that the _interest_ and _authority_ of the whole community -should be binding in every part of it. - -"The foregoing principles and conclusions are generally admitted to be -just and sound with regard to the nature and formation of single -governments, and the duty of submission to them. In some cases, they -will apply, with much propriety and force, to states already formed. The -advantages and necessity of civil government among individuals in -society are not greater or stronger than, in some situations and -circumstances, are the advantages and necessity of a federal government -among states. A natural and very important question now presents -itself,--Is such the situation, are such the circumstances, of the -United States? A proper answer to this question will unfold some very -interesting truths. - -"The United States may adopt any one of four different systems. They may -become consolidated into one government, in which the separate existence -of the States shall be entirely absolved. They may reject any plan of -union or association, and act as separate and unconnected States. They -may form two or more confederacies. They may unite in one federal -republic. Which of these systems ought to have been formed by the -Convention? To support, with vigor, a single government over the whole -extent of the United States, would demand a system of the most -unqualified and the most unremitted despotism. Such a number of separate -States, contiguous in situation, unconnected and disunited in -government, would be, at one time, the prey of foreign force, foreign -influence, and foreign intrigue; at another, the victims of mutual rage, -rancor, and revenge. Neither of these systems found advocates in the -late Convention. I presume they will not find advocates in this. Would -it be proper to divide the United States into two or more confederacies? -It will not be unadvisable to take a more minute survey of this subject. -Some aspects under which it may be viewed are far from being, at first -sight, uninviting. Two or more confederacies would be each more compact -and more manageable than a single one extending over the same territory. -By dividing the United States into two or more confederacies, the great -collision of interests apparently or really different and contrary, in -the _whole extent_ of their dominion, would be broken, and, in a great -measure, disappear, in the several parts. But these advantages, which -are discovered from certain points of view, are greatly overbalanced by -inconveniences that will appear on a more accurate examination. -Animosities, and perhaps wars, would arise from assigning the extent, -the limits, and the rights of the different confederacies. The expenses -of governing would be multiplied by the number of federal governments. -The danger resulting from foreign influence and mutual dissensions would -not, perhaps, be less great and alarming in the instance of different -confederacies, than in the instance of different, though more numerous, -unassociated States. - -"These observations, and many others that might be made on the subject, -will be sufficient to evince that a division of the United States into a -number of separate confederacies would probably be an unsatisfactory and -an unsuccessful experiment. The remaining system which the American -States may adopt, is a union of them under one confederate republic. It -will not be necessary to employ much time, or many arguments, to show -that this is the most eligible system that can be proposed. By adopting -this system, the vigor and decision of a wide-spreading monarchy may be -joined to the freedom and beneficence of a contracted republic. The -extent of territory, the diversity of climate and soil, the number and -greatness and connection of lakes and rivers with which the United -States are intersected and almost surrounded,--all indicate an enlarged -government to be fit and advantageous for them. The principles and -dispositions of their citizens indicate that, in this government, -liberty shall reign triumphant. Such, indeed, have been the general -opinions and wishes entertained since the era of independence. If those -opinions and wishes are as well founded as they have been general, the -late Convention were justified in proposing to their constituents one -confederate republic, as the best system of a national government for -the United States. - -"In forming this system, it was proper to give minute attention to the -interest of all the parts; but there was a duty of still higher -import,--to feel and to show a predominating regard to the superior -interests of the whole. If this great principle had not prevailed, the -plan before us would never have made its appearance. The same principle -that was so necessary in forming it is equally necessary in our -deliberations, whether we should reject or ratify it. - -"I make these observations with a design to prove and illustrate this -great and important truth,--that, in our decisions on the work of the -late Convention, we should not limit our views and regards to the State -of Pennsylvania. The aim of the Convention was to form a system of good -and efficient government, on the more extensive scale of the United -States. In this, and in every other instance, the work should be judged -with the same spirit with which it was performed. A principle of duty, -as well as candor, demands this. - -"We have remarked, that civil government is necessary to the perfection -of society; we now remark, that civil liberty is necessary to the -perfection of civil government. Civil liberty is natural liberty itself, -divested of only that part which, placed in the government, produces -more good and happiness to the community than if it had remained in the -individual. Hence it follows that civil liberty, while it resigns a part -of natural liberty, retains the free and generous exercise of all the -human faculties, so far as it is compatible with the public welfare. - -"In considering and developing the nature and end of the system before -us, it is necessary to mention another kind of liberty, which has not -yet, as far as I know, received a name. I shall distinguish it by the -appellation of _federal liberty_. When a single government is -instituted, the individuals of which it is composed surrender to it a -part of their natural independence, which they before enjoyed as men. -When a confederate republic is instituted, the communities of which it -is composed surrender to it a part of their political independence, -which they before enjoyed as States. The principles which directed, in -the former case, what part of the natural liberty of the man ought to be -given up, and what part ought to be retained, will give similar -directions in the latter case. The States should resign to the national -government that part, and that part only, of their political liberty, -which, placed in that government, will produce more good to the whole -than if it had remained in the several States. While they resign this -part of their political liberty, they retain the free and generous -exercise of all their other faculties, as States, so far as it is -compatible with the welfare of the general and superintending -confederacy. - -"Since _States_, as well as citizens, are represented in the -Constitution before us, and form the objects on which that Constitution -is proposed to operate, it was necessary to notice and define _federal_ -as well as _civil_ liberty. - -"These general reflections have been made in order to introduce, with -more propriety and advantage, a practical illustration of the end -proposed to be accomplished by the late Convention. - -"It has been too well known, it has been too severely felt, that the -present Confederation is inadequate to the government, and to the -exigencies, of the United States. The great struggle for Liberty in this -country, should it be unsuccessful, will probably be the last one which -she will have for her existence and prosperity in any part of the globe. -And it must be confessed that this struggle has, in some of the stages -of its progress, been attended with symptoms that foreboded no fortunate -issue. To the iron hand of Tyranny, which was lifted up against her, she -manifested, indeed, an intrepid superiority. She broke in pieces the -fetters which were forged for her, and showed that she was unassailable -by force. But she was environed with dangers of another kind, and -springing from a very different source. While she kept her eye steadily -fixed on the efforts of oppression, licentiousness was secretly -undermining the rock on which she stood. - -"Need I call to your remembrance the _contrasted_ scenes of which we -have been witnesses? On the glorious conclusion of our conflict with -Britain, what high expectations were formed concerning us by others! -What high expectations did we form concerning ourselves! Have those -expectations been realized? No. What has been the cause? Did our -citizens lose their perseverance and magnanimity? No. Did they become -insensible of resentment and indignation at any high-handed attempt that -might have been made to injure or enslave them? No. What, then, has been -the cause? The truth is, we dreaded danger only on one side: this we -manfully repelled. But, on another side, danger, not less formidable, -but more insidious, stole in upon us; and our unsuspicious tempers were -not sufficiently attentive either to its approach or to its operations. -Those whom foreign strength could not overpower have wellnigh become the -victims of internal anarchy. - -"If we become a little more particular, we shall find that the foregoing -representation is by no means exaggerated. When we had baffled all the -menaces of foreign power, we neglected to establish among ourselves a -government that would insure domestic vigor and stability. What was the -consequence? The commencement of peace was the commencement of every -disgrace and distress that could befall a people in a peaceful state. -Devoid of _national power_, we could not prohibit the extravagance of -our importations, nor could we derive a revenue from their excess. -Devoid of national _importance_, we could not procure for our exports a -tolerable sale at foreign markets. Devoid of national _credit_, we saw -our public securities melt in the hands of the holders, like snow before -the sun. Devoid of national _dignity_, we could not, in some instances, -perform our treaties on our part; and, in other instances, we could -neither obtain nor compel the performance of them on the part of others. -Devoid of national _energy_, we could not carry into execution our own -resolutions, decisions, or laws. - -"Shall I become more particular still? The tedious detail would disgust -me. The years of languor are now over. We have felt the dishonor with -which we have been covered; we have seen the destruction with which we -have been threatened. We have penetrated to the causes of both, and when -we have once discovered them, we have begun to search for the means of -removing them. For the confirmation of these remarks, I need not appeal -to an enumeration of facts. The proceedings of Congress, and of the -several States, are replete with them. They all point out the weakness -and insufficiency as the cause, and an _efficient_ general government as -the only cure, of our political distempers. - -"Under these impressions, and with these views, was the late Convention -appointed; and under these impressions, and with these views, the late -Convention met. - -"We now see the great end which they proposed to accomplish. It was to -frame, for the consideration of their constituents, one federal and -national constitution,--a constitution that would produce the advantages -of good, and prevent the inconveniences of bad government;--a -constitution whose beneficence and energy would pervade the whole Union, -and bind and embrace the interests of every part;--a constitution that -would insure peace, freedom, and happiness to the States and people of -America. - -"We are now naturally led to examine the means by which they proposed to -accomplish this end. This opens more particularly to our view the -discussion before us. But, previously to our entering upon it, it will -not be improper to state some general and leading principles of -government, which will receive particular application in the course of -our investigations. - -"There necessarily exists, in every government, a power from which there -is no appeal, and which, for that reason, may be termed supreme, -absolute, and uncontrollable. Where does this power reside? To this -question writers on different governments will give different answers. -Sir William Blackstone will tell you, that in Britain the power is -lodged in the British Parliament; that the Parliament may alter the form -of the government; and that its power is absolute, without control. The -idea of a constitution, limiting and superintending the operations of -legislative authority, seems not to have been accurately understood in -Britain. There are, at least, no traces of practice conformable to such -a principle. The British Constitution is just what the British -Parliament pleases. When the Parliament transferred legislative -authority to Henry VIII., the act transferring could not, in the strict -acceptation of the term, be called unconstitutional. - -"To control the power and conduct of the legislature by an overruling -constitution, was an improvement in the science and practice of -government reserved to the American States. - -"Perhaps some politician, who has not considered with sufficient -accuracy our political systems, would answer that, in our governments, -the supreme power was vested in the constitutions. This opinion -approaches a step nearer to the truth, but does not reach it. The truth -is, that, in our governments, the supreme, absolute, and uncontrollable -power _remains_ in the people. As our constitutions are superior to our -legislatures, so the people are superior to our constitutions. Indeed, -the superiority, in this last instance, is much greater; for the people -possess over our constitutions control in _act_, as well as right. - -"The consequence is, that the people may change the constitutions -whenever and however they please. This is a right of which no positive -institution can ever deprive them. - -"These important truths, Sir, are far from being merely speculative. We, -at this moment, speak and deliberate under their immediate and benign -influence. To the operation of these truths we are to ascribe the scene, -hitherto unparalleled, which America now exhibits to the world,--a -gentle, a peaceful, a voluntary, and a deliberate transition from one -constitution of government to another. In other parts of the world, the -idea of revolutions in government is, by a mournful and an indissoluble -association, connected with the idea of wars, and all the calamities -attendant on wars. But happy experience teaches us to view such -revolutions in a very different light,--to consider them only as -progressive steps in improving the knowledge of government, and -increasing the happiness of society and mankind. - -"Oft have I marked, with silent pleasure and admiration, the force and -prevalence, through the United States, of the principle that the supreme -power resides in the people, and that they never part with it. It may be -called the _panacea_ in politics. There can be no disorder in the -community but may here receive a radical cure. If the error be in the -legislature, it may be corrected by the constitution; if in the -constitution, it may be corrected by the people. There is a remedy, -therefore, for every distemper in government, if the people are not -wanting to themselves; if they are wanting to themselves, there is no -remedy. From their power, as we have seen, there is no appeal; of their -error, there is no superior principle of correction. - -"There are three simple species of government;--monarchy, where the -supreme power is in a single person; aristocracy, where the supreme -power is in a select assembly, the members of which either fill up, by -election, the vacancies in their own body, or succeed to their places in -it by inheritance, property, or in respect of some _personal_ right or -qualification; a republic or democracy, where the people at large -_retain_ the supreme power, and act either collectively or by -representation. - -"Each of these species of government has its advantages and -disadvantages. - -"The advantages of a _monarchy_ are strength, despatch, secrecy, unity -of counsel. Its disadvantages are tyranny, expense, ignorance of the -situation and wants of the people, insecurity, unnecessary wars, evils -attending elections or successions. - -"The advantages of _aristocracy_ are wisdom, arising from experience and -education. Its disadvantages are dissensions among themselves, -oppression to the lower orders. - -"The advantages of _democracy_ are liberty, equality, cautious and -salutary laws, public spirit, frugality, peace, opportunities of -exciting and producing abilities of the best citizens. Its disadvantages -are dissensions, the delay and disclosure of public counsels, the -imbecility of public measures, retarded by the necessity of a numerous -consent. - -"A government may be composed of two or more of the simple forms above -mentioned. Such is the British government. It would be an improper -government for the United States, because it is inadequate to such an -extent of territory, and because it is suited to an establishment of -different orders of men. A more minute comparison between some parts of -the British Constitution, and some parts of the plan before us, may -perhaps find a proper place in a subsequent period of our business. - -"What is the nature and kind of that government which has been proposed -for the United States by the late Convention? In its principle, it is -purely democratical. But that principle is applied in different forms, -in order to obtain the advantages, and exclude the inconveniences, of -the simple modes of government. - -"If we take an extended and accurate view of it, we shall find the -streams of power running in different directions, in different -dimensions, and at different heights,--watering, adorning, and -fertilizing the fields and meadows through which their courses are led; -but if we trace them, we shall discover that they all originally flow -from one abundant fountain. - -"In this Constitution, _all authority is derived from the people_. - -"Fit occasions will hereafter offer for particular remarks on the -different parts of the plan." - -After an elaborate examination of the Constitution, he thus concludes:-- - -"A free government has often been compared to a pyramid. This allusion -is made with peculiar propriety in the system before you; it is laid on -the broad basis of the people; its powers gradually rise, while they are -confined in proportion as they ascend, until they end in that most -permanent of all forms. When you examine all its parts, they will -invariably be found to preserve that essential mark of free -governments,--a chain of connection with the people. - -"Such, Sir, is the nature of this system of government; and the -important question at length presents itself to our view,--Shall it be -ratified, or shall it be rejected, by this Convention? In order to -enable us still further to form a judgment on this truly momentous and -interesting point, on which all we have, or can have, dear to us on -earth is materially depending, let us for a moment consider the -consequences that will result from one or the other measure. Suppose we -reject this system of government; what will be the consequence? Let the -farmer say,--he whose produce remains unasked for; nor can he find a -single market for its consumption, though his fields are blessed with -luxuriant abundance. Let the manufacturer, and let the mechanic, say; -they can feel, and tell their feelings. Go along the wharves of -Philadelphia, and observe the melancholy silence that reigns. I appeal -not to those who enjoy places and abundance under the present -government; they may well dilate upon the easy and happy situation of -our country. Let the merchants tell you what is our commerce; let them -say what has been their situation since the return of peace,--an era -which they might have expected would furnish additional sources to our -trade, and a continuance, and even an increase, to their fortunes. Have -these ideas been realized? or do they not lose some of their capital in -every adventure, and continue the unprofitable trade from year to year, -subsisting under the hopes of happier times under an efficient general -government? The ungainful trade carried on by our merchants has a -baneful influence on the interests of the manufacturer, the mechanic, -and the farmer; and these, I believe, are the chief interests of the -people of the United States. - -"I will go further. Is there now a government among us that can do a -single act that a national government ought to do? Is there any power of -the United States that can _command_ a single shilling? This is a plain -and a home question. - -"Congress may recommend; they can do no more: they may require; but they -must not proceed one step further. If things are bad now,--and that they -are not worse is only owing to hopes of improvement or change in the -system,--will they become better when those hopes are disappointed? We -have been told, by honorable gentlemen on this floor, that it is -improper to urge this kind of argument in favor of a new system of -government, or against the old one: unfortunately, Sir, these things are -too severely felt to be omitted; the people feel them; they pervade all -classes of citizens, and every situation from New Hampshire to Georgia: -the argument of necessity is the patriot's defence, as well as the -tyrant's plea. - -"Is it likely, Sir, that, if this system of government is rejected, a -better will be framed and adopted? I will not expatiate on this subject; -but I believe many reasons will suggest themselves to prove that such -expectation would be illusory. If a better could be obtained at a future -time, is there any thing wrong in this? I go further. Is there any thing -wrong that cannot be amended more easily by the mode pointed out in the -system itself, than could be done by calling convention after -convention, before the organization of the government? Let us now turn -to the consequences that will result if we assent to and ratify the -instrument before you. I shall trace them as concisely as I can, because -I have trespassed already too long on the patience and indulgence of the -house. - -"I stated, on a former occasion, one important advantage; by adopting -this system, we become a _nation_; at present, we are not one. Can we -perform a single national act? Can we do any thing to procure us -dignity, or to preserve peace and tranquillity? Can we relieve the -distress of our citizens? Can we provide for their welfare or happiness? -The powers of our government are mere sound. If we offer to treat with a -nation, we receive this humiliating answer: 'You cannot, in propriety of -language, make a treaty, because you have no power to execute it.' Can -we borrow money? There are too many examples of unfortunate creditors -existing, both on this and the other side of the Atlantic, to expect -success from this expedient. But could we borrow money, we cannot -command a fund, to enable us to pay either the principal or interest; -for, in instances where our friends have advanced the principal, they -have been obliged to advance the interest also, in order to prevent the -principal from being annihilated in their hands by depreciation. Can we -raise an army? The prospect of a war is highly probable. The accounts we -receive, by every vessel from Europe, mention that the highest exertions -are making in the ports and arsenals of the greatest maritime powers. -But whatever the consequence may be, are we to lie supine? We know we -are unable, under the Articles of Confederation, to exert ourselves; and -shall we continue so, until a stroke be made on our commerce, or we see -the debarkation of a hostile army on our unprotected shores? Who will -guarantee that our property will not be laid waste, that our towns will -not be put under contribution, by a small naval force, and subjected to -all the horror and devastation of war? May not this be done without -opposition, at least effectual opposition, in the present situation of -our country? There may be safety over the Appalachian Mountains, but -there can be none on our sea-coast. With what propriety can we hope our -flag will be respected, while we have not a single gun to fire in its -defence? - -"Can we expect to make internal improvement, or accomplish any of those -great national objects which I formerly alluded to, when we cannot find -money to remove a single rock out of a river? - -"This system, Sir, will at least make us a nation, and put it in the -power of the Union to act as such. We shall be considered as such by -every nation in the world. We shall regain the confidence of our -citizens, and command the respect of others. - -"As we shall become a nation, I trust that we shall also form a national -character, and that this character will be adapted to the principles and -genius of our system of government: as yet we possess none; our -language, manners, customs, habits, and dress depend too much upon those -of other countries. Every nation, in these respects, should possess -originality; there are not, on any part of the globe, finer qualities -for forming a national character, than those possessed by the children -of America. Activity, perseverance, industry, laudable emulation, -docility in acquiring information, firmness in adversity, and patience -and magnanimity under the greatest hardships;--from these materials, -what a respectable national character may be raised! In addition to this -character, I think there is strong reason to believe that America may -take the lead in literary improvements and national importance. This is -a subject which, I confess, I have spent much pleasing time in -considering. That language, Sir, which shall become most generally known -in the civilized world will impart great importance over the nation that -shall use it. The language of the United States will, in future times, -be diffused over a greater extent of country than any other that we -know. The French, indeed, have made laudable attempts towards -establishing a universal language; but, beyond the boundaries of France, -even the French language is not spoken by one in a thousand. Besides the -freedom of our country, the great improvements she has made, and will -make, in the science of government, will induce the patriots and -_literati_ of every nation to read and understand our writings on that -subject; and hence it is not improbable that she will take the lead in -political knowledge. - -"If we adopt this system of government, I think we may promise security, -stability, and tranquillity to the governments of the different States. -They would not be exposed to the danger of competition on questions of -territory, or any other that have heretofore disturbed them. A tribunal -is here found to decide, justly and quietly, any interfering claim; and -now is accomplished what the great mind of Henry IV. of France had in -contemplation,--a system of government for large and respectable -dominions, united and bound together, in peace, under a superintending -head, by which all their differences may be accommodated, without the -destruction of the human race. We are told by Sully that this was the -favorite pursuit of that good king during the last years of his life; -and he would probably have carried it into execution, had not the dagger -of an assassin deprived the world of his valuable life. I have, with -pleasing emotion, seen the wisdom and beneficence of a less efficient -power under the Articles of Confederation, in the determination of the -controversy between the States of Pennsylvania and Connecticut; but I -have lamented that the authority of Congress did not extend to -extinguish, entirely, the spark which has kindled a dangerous flame in -the district of Wyoming. - -"Let gentlemen turn their attention to the amazing consequences which -this principle will have in this extended country. The several States -cannot war with each other; the general government is the great arbiter -in contentions between them; the whole force of the Union can be called -forth to reduce an aggressor to reason. What a happy exchange for the -disjointed, contentious State sovereignties! - -"The adoption of this system will also secure us from danger, and -procure us advantages from foreign nations. This, in our situation, is -of great consequence. We are still an inviting object to one European -power at least; and, if we cannot defend ourselves, the temptation may -become too alluring to be resisted. I do not mean that, with an -efficient government, we should mix with the commotions of Europe. No, -Sir; we are happily removed from them, and are not obliged to throw -ourselves into the scale with any. This system will not hurry us into -war; it is calculated to guard against it. It will not be in the power -of a single man, or a single body of men, to involve us in such -distress; for the important power of declaring war is vested in the -legislature at large: this declaration must be made with the concurrence -of the House of Representatives: from this circumstance we may draw a -certain conclusion, that nothing but our national interest can draw us -into a war. I cannot forbear, on this occasion, the pleasure of -mentioning to you the sentiments of the great and benevolent man, whose -works I have already quoted on another subject. M. Necker has addressed -this country in language important and applicable in the strictest -degree to its situation and to the present subject. Speaking of war, and -the greatest caution that all nations ought to use in order to avoid its -calamities,--'And you, rising nation,' says he, 'whom generous efforts -have freed from the yoke of Europe! let the universe be struck with -still greater reverence at the sight of the privileges you have -acquired, by seeing you continually employed for the public felicity: do -not offer it as a sacrifice at the unsettled shrine of political ideas, -and of the deceitful combinations of warlike ambition; avoid, or at -least delay, participating in the passions of our hemisphere; make your -own advantage of the knowledge which experience alone has given to our -old age, and preserve, for a long time, the simplicity of childhood; in -short, honor human nature, by showing that, when left to its own -feelings, it is still capable of those virtues that maintain public -order, and of that prudence which insures public tranquillity.' - -"Permit me to offer one consideration more, that ought to induce our -acceptance of this system. I feel myself lost in the contemplation of -its magnitude. By adopting this system, we shall probably lay a -foundation for erecting temples of liberty in every part of the earth. -It has been thought by many, that on the success of the struggle America -has made for freedom will depend the exertions of the brave and -enlightened of other nations. The advantages resulting from this system -will not be confined to the United States, but will draw from Europe -many worthy characters, who pant for the enjoyment of freedom. It will -induce princes, in order to preserve their subjects, to restore to them -a portion of that liberty of which they have for many ages been -deprived. It will be subservient to the great designs of Providence with -regard to this globe,--the multiplication of mankind, their improvement -in knowledge, and their advancement in happiness." (Elliot's Debates, -II. 423-434, 524-529.) - - - - -CHAPTER XV. - -RANDOLPH. - - -Edmund Randolph, a "child of the Revolution,"[451] was Governor of -Virginia at the time of the Federal Convention. Probably it was on -account of his position as the chief magistrate of the State that he -was, by the general consent of his colleagues, selected to bring forward -the Virginia plan of government, which was submitted at an early period -of the deliberations, and which became, after great modifications, the -nucleus of the Constitution. - -At an early age, in August, 1775, this gentleman joined the army at -Cambridge, and was immediately taken into Washington's military family -as an aide-de-camp.[452] He served in this capacity, however, no longer -than until the following November, when he was suddenly recalled to -Virginia by the death of his relative, Peyton Randolph, the President of -the First Continental Congress. - -In 1779, he became a member of Congress from Virginia, and served until -March, 1782. - -In 1786, he was elected Governor of Virginia, succeeding in that office -Patrick Henry. In this capacity, it became his duty to secure the -attendance of Washington upon the Federal Convention. This matter he -managed with great tact and delicacy; and, by the aid of other friends, -he succeeded in overcoming the scruples of the illustrious patriot then -reposing in the retirement of Mount Vernon. - -Governor Randolph's conduct with regard to the Constitution might seem -to be marked by inconsistency, if we were not able to explain it by the -motive of disinterested patriotism from which he evidently acted. He -brought to the Convention the most serious apprehensions for the fate of -the Union. But he thought that the dangers with which it was surrounded -might be averted, by correcting and enlarging the Articles of -Confederation. When, at length, the government which was actually framed -was found to be a system containing far greater restraints upon the -powers of the States than he believed to be either expedient or safe, he -endeavored to procure a vote authorizing amendments to be submitted by -the State conventions and to be finally decided on by another general -convention. This proposition having been rejected, he declined to sign -the Constitution, desiring to be free to oppose or advocate its -adoption, when it should come before his own State, as his judgment -might dictate. - -When the time for such action came, he saw that the rejection of the -Constitution must be followed by disunion. He had wearied himself in -endeavoring to find a possibility of preserving the Union without an -unconditional ratification by Virginia. To the people of Virginia, -therefore, he painted with great force and eloquence the consequences of -their becoming severed from the rest of the country. Virginia was not, -he said, invulnerable. She was accessible to a foreign enemy by sea, and -through the waters of the Chesapeake. Her situation by land was not less -exposed. Her frontiers adjoined the States of Pennsylvania, Maryland, -and North Carolina. With the first she had long had a disputed boundary, -concerning which there had been imminent danger of a war, that had been -averted with the greatest difficulty. With Maryland, there was an -ancient controversy upon the navigation of the Potomac, and that -controversy, if decided on grounds of strict right, would be determined -by the charter of Maryland in favor of that State. With North Carolina, -too, the boundary was still unsettled. Let them call to mind, then, the -history of every part of the world, where independent nations bordered -in the same way on one another. Such countries had ever been a perpetual -scene of bloodshed; the inhabitants of one escaping from punishment into -the other,--protection given to them,--consequent pursuit, violence, -robbery, and murder. A numerous standing army, that dangerous expedient, -could alone defend such borders. - -On her Western frontier, Virginia was peculiarly exposed to the savages, -the natural enemies of the white race, whom foreign gold could always -incite to commit the most horrible ravages upon her people. Her slave -population, bearing a very large proportion to the whites,[453] -necessarily weakened her capacity to defend herself against such an -enemy. - -Virginia, then, must be defended. Could they rely on the militia? Their -militia did not, at the utmost, exceed sixty thousand men. They had -performed exploits of great gallantry during the late war, but no -militia could be relied on as the sole protectors of any country. -Besides, a part of them would be wanted for the purposes of agriculture, -for manufactures, and for the mechanic arts necessary for the aid of the -farmer and the planter. They must have an army; and they must also have -a navy. But how were these to be maintained without money? The enormous -debt of Virginia, including her proportion of the Continental debts, was -already beyond her ability to pay from any revenue that could be derived -from her present commerce. - -In this state of things, looking forward to the consequences of a -dissolution of the Union, he could not but remind the people of Virginia -of what took place in 1781, when the power of a dictator was given to -the commander-in-chief, to save the country from destruction. At some -period, not very remote, might not their future distress impel them to -do what the Dutch had done,--throw all power into the hands of a -Stadtholder? How infinitely more wise and eligible than this desperate -alternative would be a union with their American brethren. "I have -labored," said he, "for the continuance of the Union,--the rock of our -salvation. I believe, as surely as that there is a God, that our safety, -our political happiness and existence, depend on the union of the -States; and that, without this union, the people of this and the other -States will undergo the unspeakable calamities which discord, faction, -turbulence, war, and bloodshed have produced in other countries. The -American spirit ought to be mixed with American pride, to see the Union -magnificently triumphant. Let that glorious pride, which once defied the -British thunder, reanimate you again. Let it not be recorded of -Americans, that, after having performed the most gallant exploits, after -having overcome the most astonishing difficulties, and after having -gained the admiration of the world by their incomparable valor and -policy, they lost their acquired reputation, their national consequence -and happiness, by their own indiscretion. Let no future historian inform -posterity that they wanted wisdom and virtue to concur in any regular, -efficient government. Should any writer, doomed to so disagreeable a -task, feel the indignation of an honest historian, he would reprehend -our folly with equal severity and justice. Catch the present -moment,--seize it with avidity,--for it may be lost, never to be -regained! If the Union be now lost, I fear it will remain so for ever. I -believe gentlemen are sincere in their opposition, and actuated by pure -motives; but when I maturely weigh the advantages of the Union, and the -dreadful consequences of its dissolution; when I see safety on my right, -and destruction on my left; when I behold respectability and happiness -acquired by one course, but annihilated by the other,--I cannot hesitate -in my decision."[454] - - NOTE.--The following account of the genealogy of Governor - Randolph, for which I am indebted to one of his female - descendants, was not received in season to be incorporated in - the text. - - Edmund Randolph was the son of John Randolph and grandson of - Sir John Randolph, each of whom was Attorney-General of the - Colony under the royal government. He was educated at William - and Mary's College. Peyton Randolph, President of the First - Continental Congress, was also a son of Sir John Randolph, - and of course was uncle of Edmund Randolph, to whom he - devised his estate. Sir John Randolph was one of five or six - sons of William Randolph of Turkey Island in Virginia, from - whom all the Randolphs in Virginia are descended. Of this - William Randolph little is known, beyond the fact that he was - a large landholder, and a nephew of Thomas Randolph, the - poet, who flourished in the reigns of James I. and Charles - I., 1605-1634. - - -FOOTNOTES: - -[451] His own description of himself in a speech made in the Virginia -Convention which ratified the Constitution. Elliot, III. 65. - -[452] Washington's Writings, IX. 66. - -[453] He stated the number of blacks to be 236,000, and that of the -whites only 352,000. - -[454] Debates in the Virginia Convention, Elliot, III. 65-84, 85, 86. - - - - -CHAPTER XVI. - -CONCLUSION OF THE PRESENT VOLUME. - - -The limits of this volume do not admit of a farther description of the -Framers of the Constitution. The nine persons of whom some account has -been given were the most important members of the Convention, and those -who exercised the largest influence upon its decisions. But the entire -list embraced other men of great distinction and ability, celebrated, -before and since the Convention, in that period of the political history -of America which commenced with the Revolution and closed with the -eighteenth century. Such were Roger Sherman of Connecticut, Robert -Morris of Pennsylvania, John Dickinson of Delaware, John Rutledge and -Charles Pinckney of South Carolina, and George Mason of Virginia. Of the -rest, all were men of note and influence in their respective States, -possessing the full confidence of the people whom they represented. - -The whole assembly consisted of only fifty-five members, representing -twelve sovereign and distinct communities.[455] That so small a body -should have contained so large a number of statesmen of preëminent -ability is a striking proof of the nature of the crisis which called it -into existence. The age which had witnessed the Revolution, and the -wants and failures that succeeded it, produced and trained these great -men, made them capable of the highest magnanimity, and gave them the -intellectual power necessary to surmount the difficulties that -obstructed the progress of their country to prosperity and renown. -These, with a few of their contemporaries at that moment engaged in -other spheres of public duty, are the men who illustrate and adorn it, -and the knowledge of their lives and actions is of unspeakable -importance to the people of the United States. - -To that people is committed a trust, which imposes upon them a greater -responsibility than now rests upon any other people on the globe. They -possess a written and exact constitution of government, framed with -great wisdom by their own deputed agents, and deliberately adopted and -enacted by themselves. That Constitution rules over a country of vast -extent, inhabited by more than twenty millions of prosperous and -intelligent freemen, who constitute one of the first nations of the -world. Nowhere on the face of the globe has the experiment of -self-government--that experiment so rarely tried, so rarely successful, -and so important to the welfare of mankind--been conducted on a scale so -grand and imposing. To prevent a failure so disastrous to the best -interests of the human race as the failure of that experiment here must -inevitably become; to guard this Constitution, the work of their own -hands, from every kind of attack; to administer it in the wise spirit in -which it was framed; to draw from it the blessings which it was designed -to confer; to unfold, to cherish, and to defend its great principles for -the benefit of a countless posterity;--this is the high duty imposed by -a noble ancestry and an overruling Providence upon the people of this -Union of each succeeding generation. - -It calls upon them, with a remonstrance in whose tones there is both a -warning and a cheering voice, to remember that they have a country; to -appreciate and fearlessly to survey the truth, that national honor and -success, internal tranquillity and peace, reputation abroad and safety -at home, can exist, for them, only under the Union which the Divine -government, for its own all-wise purposes, has made a necessity of their -condition; and to see that the ruin of self-government in America must -involve its ruin for the whole world.[456] - -FOOTNOTES: - -[455] For a full list of the Delegates, see the Appendix to this volume. - -[456] In this connection, I cannot avoid a reference to Dr. Francis -Lieber's profound and admirable work "On Civil Liberty and -Self-government." Whoever will follow that very able writer in his -masterly exposition of the principles of Anglican liberty, will become -satisfied that the American branch of it is more strictly a system of -"self-government" than any other, speaking with reference to the -application of the principle to every department. The destruction of -such a system, therefore, would be the destruction of self-government in -its most complete form. No one can suppose that the popular principles -in the English Constitution would continue to expand, as they have done -for the last fifty years, if the corresponding principles in America -were to be overthrown, or even if they were to receive a sensible check. - - - - -APPENDIX. - - -IN CONGRESS. - -CIRCULAR LETTER OF CONGRESS RECOMMENDING THE ADOPTION OF THE ARTICLES OF -CONFEDERATION. - - IN CONGRESS, YORKTOWN, November 17th, 1777. - -Congress having agreed upon a plan of confederacy for securing the -freedom, sovereignty, and independence of the United States, authentic -copies are now transmitted for the consideration of the respective -legislatures. - -This business, equally intricate and important, has in its progress been -attended with uncommon embarrassments and delay, which the most anxious -solicitude and persevering diligence could not prevent. To form a -permanent union, accommodated to the opinion and wishes of the delegates -of so many States differing in habits, produce, commerce, and internal -police, was found to be a work which nothing but time and reflection, -conspiring with a disposition to conciliate, could mature and -accomplish. - -Hardly is it to be expected that any plan, in the variety of provisions -essential to our union, should exactly correspond with the maxims and -political views of every particular State. Let it be remarked, that, -after the most careful inquiry and the fullest information, this is -proposed as the best which could be adapted to the circumstances of all, -and as that alone which affords any tolerable prospect of general -satisfaction. - -Permit us, then, earnestly to recommend these articles to the immediate -and dispassionate attention of the legislatures of the respective -States. Let them be candidly reviewed, under a sense of the difficulty -of combining in one general system the various sentiments and interests -of a continent divided into so many sovereign and independent -communities, under a conviction of the absolute necessity of uniting all -our counsels and all our strength to maintain and defend our common -liberties; let them be examined with a liberality becoming brethren and -fellow-citizens surrounded by the same imminent dangers, contending for -the same illustrious prize, and deeply interested in being for ever -bound and connected together by ties the most intimate and indissoluble; -and, finally, let them be adjusted with the temper and magnanimity of -wise and patriotic legislators, who, while they are concerned for the -prosperity of their own more immediate circle, are capable of rising -superior to local attachments, when they may be incompatible with the -safety, happiness, and glory of the general confederacy. - -We have reason to regret the time which has elapsed in preparing this -plan for consideration; with additional solicitude we look forward to -that which must be necessarily spent before it can be ratified. Every -motive loudly calls upon us to hasten its conclusion. - -More than any other consideration, it will confound our foreign enemies, -defeat the flagitious practices of the disaffected, strengthen and -confirm our friends, support our public credit, restore the value of our -money, enable us to maintain our fleets and armies, and add weight and -respect to our counsels at home and to our treaties abroad. - -In short, this salutary measure can no longer be deferred. It seems -essential to our very existence as a free people, and without it we may -feel constrained to bid adieu to independence, to liberty and -safety,--blessings which, from the justice of our cause and the favor of -our Almighty Creator visibly manifested in our protection, we have -reason to expect, if, in an humble dependence on his divine providence, -we strenuously exert the means which are placed in our power. - -To conclude, if the legislature of any State shall not be assembled, -Congress recommend to the executive authority to convene it without -delay; and to each respective legislature it is recommended to invest -its delegates with competent powers ultimately, in the name and behalf -of the State, to subscribe Articles of Confederation and Perpetual Union -of the United States; and to attend Congress for that purpose on or -before the tenth day of March next. - - * * * * * - - -NEW JERSEY. - -REPRESENTATION OF THE STATE OF NEW JERSEY ON THE ARTICLES OF -CONFEDERATION, READ IN CONGRESS, JUNE 25, 1778. - -_To the United States in Congress assembled: The Representation of the -Legislative Council and General Assembly of the State of New Jersey -showeth_:-- - -That the Articles of Confederation and Perpetual Union between the -States of New Hampshire, Massachusetts Bay, Rhode Island and Providence -Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, -Maryland, Virginia, North Carolina, South Carolina, and Georgia, -proposed by the honorable the Congress of the said States, severally for -their consideration, have been by us fully and attentively considered; -on which we beg leave to remark as follows:-- - -1. In the fifth article, where, among other things, the qualifications -of the delegates from the several States are described, there is no -mention of any oath, test, or declaration, to be taken or made by them -previous to their admission to seats in Congress. It is, indeed, to be -presumed the respective States will be careful that the delegates they -send to assist in managing the general interest of the Union take the -oaths to the government from which they derive their authority; but as -the United States, collectively considered, have interests, as well as -each particular State, we are of opinion that some test or obligation -binding upon each delegate while he continues in the trust, to consult -and pursue the former as well as the latter, and particularly to assent -to no vote or proceeding which may violate the general confederation, is -necessary. The laws and usages of all civilized nations evince the -propriety of an oath on such occasions; and the more solemn and -important the deposit, the more strong and explicit ought the obligation -to be. - -2. By the sixth and ninth articles, the regulation of trade seems to be -committed to the several States within their separate jurisdictions, in -such a degree as may involve many difficulties and embarrassments, and -be attended with injustice to some States in the Union. We are of -opinion, that the sole and exclusive power of regulating the trade of -the United States with foreign nations ought to be clearly vested in the -Congress; and that the revenue arising from all duties and customs -imposed thereon ought to be appropriated to the building, equipping, and -manning a navy for the protection of the trade and defence of the -coasts, and to such other public and general purposes as to the Congress -shall seem proper, and for the common benefit of the States. This -principle appears to us to be just, and it may be added, that a great -security will by this means be derived to the Union from the -establishment of a common and mutual interest. - -3. It is wisely provided, in the sixth article, that no body of forces -shall be kept up by any State in time of peace, except such number only -as, in the judgment of the United States in Congress assembled, shall be -deemed requisite to garrison the forts necessary for the defence of such -States. We think it ought also to be provided and clearly expressed, -that no body of troops be kept up by the United States in time of peace, -except such number only as shall be allowed by the assent of the nine -States. A standing army, a military establishment, and every appendage -thereof, in time of peace, is totally abhorrent from the ideas and -principles of this State. In the memorable act of Congress declaring the -United Colonies free and independent States, it is emphatically -mentioned, as one of the causes of separation from Great Britain, that -the sovereign thereof had kept up among us, in time of peace, standing -armies without the consent of the legislatures. It is to be wished the -liberties and happiness of the people may by the Confederation be -carefully and explicitly guarded in this respect. - -4. On the eighth article we observe, that, as frequent settlements of -the quotas for supplies and aids to be furnished by the several States -in support of the general treasury will be requisite, so they ought to -be secured. It cannot be thought improper, or unnecessary, to have them -struck once at least in every five years, and oftener if circumstances -will allow. The quantity or value of real property in some States may -increase much more rapidly than in others; and therefore the quota which -is at one time just will at another be disproportionate. - -5. The boundaries and limits of each State ought to be fully and finally -fixed and made known. This we apprehend would be attended with very -salutary effects, by preventing jealousies, as well as controversies, -and promoting harmony and confidence among the States. If the -circumstances of the times would not admit of this, previous to the -proposal of the Confederation to the several States, the establishment -of the principles upon which and the rule and mode by which the -determination might be conducted at a time more convenient and favorable -for despatching the same at an early period, not exceeding five years -from the final ratification of the Confederation, would be -satisfactory. - -6. The ninth article provides, that no State shall be deprived of -territory for the benefit of the United States. Whether we are to -understand, that by territory is intended any land, the property of -which was heretofore vested in the crown of Great Britain, or that no -mention of such land is made in the Confederation, we are constrained to -observe, that the present war, as we always apprehended, was undertaken -for the general defence and interest of the confederating Colonies, now -the United States. It was ever the confident expectation of this State, -that the benefits derived from a successful contest were to be general -and proportionate; and that the property of the common enemy, falling in -consequence of a prosperous issue of the war, would belong to the United -States, and be appropriated to their use. We are therefore greatly -disappointed in finding no provision made in the Confederation for -empowering the Congress to dispose of such property, but especially the -vacant and impatented lands, commonly called the crown lands, for -defraying the expenses of the war, and for such other public and general -purposes. The jurisdiction ought in every instance to belong to the -respective States within the charter or determined limits of which such -lands may be seated; but reason and justice must decide that the -property which existed in the crown of Great Britain, previous to the -present Revolution, ought now to belong to the Congress, in trust for -the use and benefit of the United States. They have fought and bled for -it in proportion to their respective abilities; and therefore the reward -ought not to be predilectionally distributed. Shall such States as are -shut out by situation from availing themselves of the least advantage -from this quarter be left to sink under an enormous debt, whilst others -are enabled, in a short period, to replace all their expenditures from -the hard earnings of the whole confederacy? - -7. The ninth article also provides, that requisitions for the land -forces to be furnished by the several States shall be proportioned to -the number of _white_ inhabitants in each. In the act of Independence we -find the following declaration: "We hold these truths to be -self-evident, that all men are created equal; that they are endued by -their Creator with certain unalienable rights, among which are life, -liberty, and the pursuit of happiness." Of this doctrine it is not a -very remote consequence, that all the inhabitants of every society, be -the color of their complexion what it may, are bound to promote the -interest thereof, according to their respective abilities. They ought, -therefore, to be brought into the account on this occasion. But -admitting necessity or expediency to justify the refusal of liberty in -certain circumstances to persons of a peculiar color, we think it -unequal to reckon upon such in this case. Should it be improper, for -special local reasons, to admit them in arms for the defence of the -nation, yet we conceive the proportion of forces to be embodied ought to -be fixed according to the whole number of inhabitants in the State, from -whatever class they may be raised. If the whole number of inhabitants in -a State, whose inhabitants are all whites, both those who are called -into the field, and those who remain to till the ground and labor in the -mechanical arts and otherwise, are reckoned in the estimate for striking -the proportion of forces to be furnished by that State, ought even a -part of the latter description to be left out in another? As it is of -indispensable necessity in every war, that a part of the inhabitants be -employed for the uses of husbandry and otherwise at home, while others -are called into the field, there must be the same propriety that the -owners of a different color who are employed for this purpose in one -State, while whites are employed for the same purpose in another, be -reckoned in the account of the inhabitants in the present instance. - -8. In order that the quota of troops to be furnished in each State on -occasion of a war may be equitably ascertained, we are of opinion that -the inhabitants of the several States ought to be numbered as frequently -as the nature of the case will admit, once at least every five years. -The disproportioned increase in the population of different States may -render such provisions absolutely necessary. - -9. It is provided in the ninth article, that the assent of nine States -out of the thirteen shall be necessary to determine in sundry cases of -the highest concern. If this proportion be proper and just, it ought to -be kept up, should the States increase in number, and a declaration -thereof be made for the satisfaction of the Union. - -That we think it our indispensable duty to solicit the attention of -Congress to these considerations and remarks, and to request that the -purport and meaning of them be adopted as part of the general -confederation; by which means we apprehend the mutual interest of all -the States will be better secured and promoted, and that the legislature -of this State will then be justified in ratifying the same. - - -ACT OF NEW JERSEY ACCEPTING THE CONFEDERATION, PASSED NOVEMBER 19, 1778. - - _An Act to authorize and empower the Delegates of the State - of New Jersey in Congress to subscribe and ratify the - Articles of Confederation and Perpetual Union between the - several States._ - -Whereas, Articles of Confederation and Perpetual Union between the -States of New Hampshire, Massachusetts Bay, Rhode Island and Providence -Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, -Maryland, Virginia, North Carolina, South Carolina, and Georgia, signed -in the Congress of the said States by the Honorable Henry Laurens, -Esquire, their President, have been laid before the legislature of this -State, to be ratified by the same, if approved: And whereas, -notwithstanding the terms of the said Articles of Confederation and -Perpetual Union are considered as in divers respects unequal and -disadvantageous to this State, and the objections to several of the said -articles, lately stated and sent to the general Congress aforesaid on -the part of this State, are still viewed as just and reasonable, and -sundry of them as of the most essential moment to the welfare and -happiness of the good people thereof: Yet, under the full conviction of -the present necessity of acceding to the confederacy proposed, and that -every separate and detached State interest ought to be postponed to the -general good of the Union: And moreover, in firm reliance that the -candor and justice of the several States will, in due time, remove as -far as possible the inequality which now subsists:-- - -SECT. 1. Be it enacted by the Council and General Assembly of this -State, and it is hereby enacted by the authority of the same, That the -Honorable John Witherspoon, Abraham Clark, Nathaniel Scudder, and Elias -Boudinot, Esquires, delegates representing this State in the Congress of -the United States, or any one or more of them, be and they are hereby -authorized, empowered, and directed, on behalf of this State, to -subscribe and ratify the said Articles of Confederation and Perpetual -Union between the States aforesaid. - -SECT. 2. And be it further enacted by the authority aforesaid, That the -said Articles of Confederation and Perpetual Union, so as aforesaid -subscribed and ratified, shall thenceforth become conclusive as to this -State, and obligatory thereon. - - * * * * * - - -DELAWARE. - - RESOLUTIONS PASSED BY THE COUNCIL OF THE STATE OF DELAWARE, - JANUARY 23, 1779, RESPECTING THE ARTICLES OF CONFEDERATION - AND PERPETUAL UNION, AND CONCURRED IN BY THE HOUSE OF - ASSEMBLY, JANUARY 28, 1779, PREVIOUS TO THEIR PASSING A LAW - TO EMPOWER THEIR DELEGATES TO SIGN AND RATIFY THE SAID - ARTICLES OF CONFEDERATION AND PERPETUAL UNION. - -_Resolved_, That the paper laid before Congress by the delegate from -Delaware, and read, be filed; provided, that it shall never be -considered as admitting any claim by the same set up or intended to be -set up. - -The paper is as follows, viz.:-- - - IN THE COUNCIL, Saturday, January 23, 1779, P. M. - -The Council, having resumed the consideration of the committee's report -on the Articles of Confederation and Perpetual Union, &c., came to the -following resolutions therein:-- - -_Resolved_, That this State think it necessary for the peace and safety -of the States to be included in the Union, that a moderate extent of -limits should be assigned for such of those States as claim to the -Mississippi or South Sea; and that the United States in Congress -assembled should and ought to have the power of fixing their western -limits. - -_Resolved also_, That this State consider themselves justly entitled to -a right, in common with the members of the Union, to that extensive -tract of country which lies to the westward of the frontiers of the -United States, the property of which was not vested in, or granted to, -individuals at the commencement of the present war: That the same hath -been, or may be, gained from the king of Great Britain, or the native -Indians, by the blood and treasure of all, and ought therefore to be a -common estate, to be granted out on terms beneficial to the United -States. - -_Resolved also_, That the courts of law established within this State -are competent for the purpose of determining all controversies -concerning the private right of soil claimed within the same; and they -now, and at all times hereafter, ought to have cognizance of all such -controversies: That the indeterminate provision, in the ninth article of -the Confederation, for deciding upon controversies that may arise about -some of those private rights of soil, tends to take away such -cognizance, and is contrary to the declaration of rights of this State; -and therefore ought to receive an alteration. - -The Council, then, taking into consideration the strong and earnest -recommendations of Congress forthwith to accede to the present plan of -confederacy, and the probable disadvantages that may attend the further -delaying a ratification thereof,-- - -_Resolved_, That, notwithstanding the terms of the Articles of -Confederation aforesaid are considered as in divers respects unequal and -disadvantageous to this State, and the objections in the report of the -committee of this house, and the resolves made thereon, are viewed as -just and reasonable, and of great moment to the welfare and happiness of -the good people thereof; yet, under the full conviction of the present -necessity of acceding to the confederacy proposed, and in firm reliance -that the candor and justice of the several States will in due time -remove as far as possible the objectionable parts thereof, the delegates -appointed to represent this State in Congress, or any one or more of -them, be authorized, empowered, and directed, on behalf of this State, -to subscribe and ratify the said Articles of Confederation and Perpetual -Union between the several States of New Hampshire, Massachusetts Bay, -Rhode Island and Providence Plantations, Connecticut, New York, New -Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, -South Carolina, and Georgia; and that the said articles, when so -subscribed and ratified, shall be obligatory on this State. - -Extract from the Minutes. - - BENJAMIN VINING, _Clerk of the Council_. - -Sent for concurrence. - - IN HOUSE OF ASSEMBLY, Thursday, January 28, 1779. - -The foregoing resolutions being read three times, and considered, are -concurred in. - - NICHOLAS VAN DYKE, _Speaker_. - - -THURSDAY, FEBRUARY 16, 1779. - -Mr. M'Kean, a delegate for Delaware, laid before Congress the following -instrument, empowering the delegates of that State, or any of them, to -ratify and sign the Articles of Confederation. - - His Excellency Cesar Rodney, Esquire, President, - Captain-General, and Commander-in-Chief of the Delaware - State, to all to whom these Presents shall come,--Greeting. - -Know ye, That, among the records remaining in the rolls office in the -Delaware State, there is a certain instrument of writing, purporting to -be an act of the General Assembly of the said State, which said act is -contained in the words and tenor here following, to wit: - -IN THE YEAR 1779. - - _An Act to authorize and empower the Delegates of the - Delaware State to subscribe and ratify the Articles of - Confederation and Perpetual Union between the several - States._ - -Whereas Articles of Confederation and Perpetual Union between the States -of New Hampshire, Massachusetts Bay, Rhode Island and Providence -Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, -Maryland, Virginia, North Carolina, South Carolina, and Georgia, signed -in the general Congress of the said States by the Honorable Henry -Laurens, Esquire, their then President, have been laid before the -legislature of this State, to be ratified by the same, if approved: And -whereas, notwithstanding the terms of the Articles of Confederation and -Perpetual Union are considered as in divers respects unequal and -disadvantageous to this State; and the objections stated on the part of -this State are viewed as just and reasonable, and of great moment to the -welfare and happiness of the good people thereof; yet, under the full -conviction of the present necessity of acceding to the present -confederacy proposed, and that the interest of particular States ought -to be postponed to the general good of the Union; and moreover, in firm -reliance that the candor and justice of the several States will in due -time remove as far as possible the objectionable parts thereof: - -Be it enacted by the General Assembly of Delaware, and it is hereby -enacted by the authority of the same, That the Honorable John Dickinson, -Nicholas Van Dyke, and Thomas M'Kean, Esquires, delegates appointed to -represent this State in Congress, or any one or more of them, be, and -they hereby are, authorized, empowered, and directed, on behalf of this -State, to subscribe and ratify the said Articles of Confederation and -Perpetual Union between the several States aforesaid. - -And be it further enacted by the authority aforesaid, That the said -Articles of Confederation and Perpetual Union, so as aforesaid -subscribed and ratified, shall thenceforth become obligatory on this -State. - -Signed by order of the House of Assembly. - - NICHOLAS VAN DYKE, _Speaker_. - -Signed by order of the Council. - - THOMAS COLLINS, _Speaker_. - -Passed at Dover, February 1, 1779. - -All which, by the tenor of these presents, I have caused to be -exemplified. - -In testimony whereof, the great seal of the Delaware State is hereunto -affixed, at Dover, the sixth day of February, in the year of our Lord -one thousand seven hundred and seventy-nine, and in the third year of -the Independence of the United States of America. - - CESAR RODNEY. - -By his Excellency's command. - - JAMES BOOTH, _Secretary_. - - * * * * * - - -MARYLAND. - -FRIDAY, MAY 21, 1779. - -The delegates of Maryland informed Congress that they have received -instructions respecting the Articles of Confederation, which they are -directed to lay before Congress, and have entered on their Journals. The -instructions, being read, are as follows:-- - - _Instructions of the General Assembly of Maryland, to George - Plater, William Paca, William Carmichael, John Henry, James - Forbes, and Daniel of St. Thomas Jenifer, Esquires._ - - GENTLEMEN,-- - -Having conferred upon you a trust of the highest nature, it is evident -we place great confidence in your integrity, abilities, and zeal to -promote the general welfare of the United States, and the particular -interest of this State, where the latter is not incompatible with the -former; but to add greater weight to your proceedings in Congress, and -take away all suspicion that the opinions you there deliver and the -votes you give may be the mere opinions of individuals, and not -resulting from your knowledge of the sense and deliberate judgment of -the State you represent, we think it our duty to instruct as followeth -on the subject of the Confederation,--a subject in which, unfortunately, -a supposed difference of interest has produced an almost equal division -of sentiments among the several States composing the Union. We say a -supposed difference of interests; for if local attachments and -prejudices, and the avarice and ambition of individuals, would give way -to the dictates of a sound policy, founded on the principles of justice, -(and no other policy but what is founded on those immutable principles -deserves to be called sound,) we flatter ourselves this apparent -diversity of interests would soon vanish, and all the States would -confederate on terms mutually advantageous to all; for they would then -perceive that no other confederation than one so formed can be lasting. -Although the pressure of immediate calamities, the dread of their -continuance from the appearance of disunion, and some other peculiar -circumstances, may have induced some States to accede to the present -Confederation, contrary to their own interests and judgments, it -requires no great share of foresight to predict, that, when those causes -cease to operate, the States which have thus acceded to the -Confederation will consider it as no longer binding, and will eagerly -embrace the first occasion of asserting their just rights, and securing -their independence. Is it possible that those States who are ambitiously -grasping at territories to which, in our judgment, they have not the -least shadow of exclusive right, will use with greater moderation the -increase of wealth and power derived from those territories, when -acquired, than what they have displayed in their endeavors to acquire -them? We think not. We are convinced the same spirit which hath prompted -them to insist on a claim so extravagant, so repugnant to every -principle of justice, so incompatible with the general welfare of all -the States, will urge them on to add oppression to injustice. If they -should not be incited by a superiority of wealth and strength to oppress -by open force their less wealthy and less powerful neighbors, yet -depopulation, and consequently the impoverishment, of those States will -necessarily follow, which, by an unfair construction of the -Confederation, may be stripped of a common interest, and the common -benefits derivable from the Western country. Suppose, for instance, -Virginia indisputably possessed of the extensive and fertile country to -which she has set up a claim, what would be the probable consequences to -Maryland of such an undisturbed and undisputed possession? They cannot -escape the least discerning. - -Virginia, by selling on the most moderate terms a small proportion of -the lands in question, would draw into her treasury vast sums of money; -and in proportion to the sums arising from such sales would be enabled -to lessen her taxes. Lands comparatively cheap, and taxes comparatively -low, with the lands and taxes of an adjacent State, would quickly drain -the State thus disadvantageously circumstanced of its most useful -inhabitants; its wealth and its consequence in the scale of the -confederated States would sink of course. A claim so injurious to more -than one half, if not to the whole, of the United States, ought to be -supported by the clearest evidence of the right. Yet what evidences of -that right have been produced? What arguments alleged in support either -of the evidences or the right? None that we have heard of deserving a -serious refutation. - -It has been said, that some of the delegates of a neighboring State have -declared their opinion of the practicability of governing the extensive -dominion claimed by that State. Hence also the necessity was admitted of -dividing its territory, and erecting a new State under the auspices and -direction of the elder, from whom no doubt it would receive its form of -government, to whom it would be bound by some alliance or confederacy, -and by whose councils it would be influenced. Such a measure, if ever -attempted, would certainly be opposed by the other States as -inconsistent with the letter and spirit of the proposed Confederation. -Should it take place by establishing a sub-confederacy, _imperium in -imperio_, the State possessed of this extensive dominion must then -either submit to all the inconveniences of an overgrown and unwieldy -government, or suffer the authority of Congress to interpose at a future -time, and to lop off a part of its territory, to be erected into a new -and free State, and admitted into a confederation on such conditions as -shall be settled by nine States. If it is necessary for the happiness -and tranquillity of a State thus overgrown, that Congress should -hereafter interfere and divide its territory, why is the claim to that -territory now made, and so pertinaciously insisted on? We can suggest to -ourselves but two motives; either the declaration of relinquishing at -some future period a proportion of the country now contended for was -made to lull suspicion asleep, and to cover the designs of a secret -ambition, or, if the thought was seriously entertained, the lands are -now claimed to reap an immediate profit from the sale. We are convinced, -policy and justice require, that a country unsettled at the commencement -of this war, claimed by the British crown, and ceded to it by the treaty -of Paris, if wrested from the common enemy by the blood and treasure of -the thirteen States, should be considered as a common property, subject -to be parcelled out by Congress into free, convenient, and independent -governments, in such manner and at such times as the wisdom of that -assembly shall hereafter direct. - -Thus convinced, we should betray the trust reposed in us by our -constituents, were we to authorize you to ratify, on their behalf, the -Confederation, unless it be further explained. We have coolly and -dispassionately considered the subject; we have weighed probable -inconveniences and hardships against the sacrifice of just and essential -rights; and do instruct you not to agree to the Confederation, unless an -article or articles be added thereto in conformity with our declaration. -Should we succeed in obtaining such article or articles, then you are -hereby fully empowered to accede to the Confederation. - -That these our sentiments respecting our Confederation may be more -publicly known, and more explicitly and concisely declared, we have -drawn up the annexed declaration, which we instruct you to lay before -Congress, to have it printed, and to deliver to each of the delegates of -the other States in Congress assembled copies thereof, signed by -yourselves, or by such of you as may be present at the time of delivery; -to the intent and purpose that the copies aforesaid may be communicated -to our brethren of the United States, and the contents of the said -declaration taken into their serious and candid consideration. - -Also we desire and instruct you to move, at a proper time, that these -instructions be read to Congress by their Secretary, and entered on the -Journals of Congress. - -We have spoken with freedom, as became freemen; and we sincerely wish -that these our representations may make such an impression on that -assembly as to induce them to make such addition to the Articles of -Confederation as may bring about a permanent union. - -A true copy from the proceeding of December 15, 1778. - - Test, - - T. DUCKETT, _C. H. D._ - - * * * * * - - -IN CONGRESS. - -SATURDAY, APRIL 1, 1780. - -The committee to whom was referred the act of the legislature of the -State of New York, entitled, "An Act to facilitate the completion of the -Articles of Confederation and Perpetual Union among the United States of -America," report,-- - -That, having met on the business, but not being able to agree to any -resolution thereon, desire to be discharged; which act is in the words -following, viz.:-- - - _An Act to facilitate the Completion of the Articles of - Confederation and Perpetual Union among the United States of - America._ - -Whereas nothing under Divine Providence can more effectually contribute -to the tranquillity and safety of the United States of America than a -federal alliance, on such liberal principles as will give satisfaction -to its respective members: And whereas the Articles of Confederation and -Perpetual Union recommended by the honorable the Congress of the United -States of America have not proved acceptable to all the States, it -having been conceived that a portion of the waste and uncultivated -territory, within the limits or claim of certain States, ought to be -appropriated as a common fund for the expenses of the war: And the -people of the State of New York being on all occasions disposed to -manifest their regard for their sister States, and their earnest desire -to promote the general interest and security; and more especially to -accelerate the federal alliance, by removing, as far as it depends upon -them, the before-mentioned impediment to its final accomplishment: - -Be it therefore enacted, by the people of the State of New York, -represented in Senate and Assembly, and it is hereby enacted by the -authority of the same, That it shall and may be lawful to and for the -delegates of this State, in the honorable Congress of the United States -of America, or the major part of such of them as shall be assembled in -Congress, and they the said delegates, or a major part of them, so -assembled, are hereby fully authorized and empowered, for and on behalf -of this State, and by proper and authentic acts or instruments, to limit -and restrict the boundaries of this State, in the western parts thereof, -by such line or lines, and in such manner and form, as they shall judge -to be expedient, either with respect to the jurisdiction as well as the -right or preëmption of soil, or reserving the jurisdiction in part, or -in the whole, over the lands which may be ceded, or relinquished, with -respect only to the right or preëmption of the soil. - -And be it further enacted by the authority aforesaid, That the territory -which may be ceded or relinquished by virtue of this act, either with -respect to the jurisdiction as well as the right or preëmption of soil, -or the right or preëmption of soil only, shall be and enure for the use -and benefit of such of the United States as shall become members of the -federal alliance of the said States, and for no other use or purpose -whatever. - -And be it further enacted by the authority aforesaid, That all the lands -to be ceded and relinquished by virtue of this act, for the benefit of -the United States, with respect to property, but which shall -nevertheless remain under the jurisdiction of this State, shall be -disposed of and appropriated in such manner only as the Congress of the -said States shall direct; and that a warrant under the authority of -Congress for surveying and laying out any part thereof shall entitle the -party in whose favor it shall issue to cause the same to be surveyed and -laid out and returned according to the directions of such warrant; and -thereupon letters patent under the great seal of this State shall pass -to the grantee for the estate specified in the said warrant; for which -no other fee or reward shall be demanded or received than such as shall -be allowed by Congress. - -Provided always, and be it further enacted by the authority aforesaid, -That the trust reposed by virtue of this act shall not be executed by -the delegates of this State, unless at least three of the said delegates -shall be present in Congress. - - _State of New York, ss._ - -I do hereby certify that the aforegoing is a true copy of the original -act, passed the 19th of February, 1780, and lodged in the Secretary's -office. - - ROBERT HARPUR, _D'y Sec'y State_. - - -WEDNESDAY, SEPTEMBER 6, 1780. - -Congress took into consideration the report of the committee to whom -were referred the instructions of the General Assembly of Maryland to -their delegates in Congress respecting the Articles of Confederation, -and the declaration therein referred to; the act of the legislature of -New York on the same subject; and the remonstrance of the General -Assembly of Virginia, which report was agreed to, and is in the words -following:-- - -That, having duly considered the several matters to them submitted, they -conceive it unnecessary to examine into the merits or policy of the -instructions or declaration of the General Assembly of Maryland, or of -the remonstrances of the General Assembly of Virginia, as they involve -questions a discussion of which was declined, on mature consideration, -when the Articles of Confederation were debated; nor, in the opinion of -the committee, can such questions be now revived with any prospect of -conciliation: That it appears more advisable to press upon these States -which can remove the embarrassments respecting the Western country a -liberal surrender of a portion of their territorial claims, since they -cannot be preserved entire without endangering the stability of the -general confederacy; to remind them how indispensably necessary it is to -establish the Federal Union on a fixed and permanent basis, and on -principles acceptable to all its respective members; how essential to -public credit and confidence, to the support of our army, to the vigor -of our councils, and success of our measures, to our tranquillity at -home, our reputation abroad, to our very existence as a free, sovereign, -and independent people; that we are fully persuaded the wisdom of the -respective legislatures will lead them to a full and impartial -consideration of a subject so interesting to the United States, and so -necessary to the happy establishment of the Federal Union; that they are -confirmed in these expectations by a view of the before-mentioned act of -the legislature of New York, submitted to their consideration; that this -act is expressly calculated to accelerate the federal alliance, by -removing, as far as depends on that State, the impediment arising from -the Western country, and for that purpose to yield up a portion of -territorial claim for the general benefit. - -Whereupon, - -_Resolved_, That copies of the several papers referred to the committee -be transmitted, with a copy of the report, to the legislatures of the -several States; and that it be earnestly recommended to these States who -have claims to the Western country to pass such laws, and give their -delegates in Congress such powers, as may effectually remove the only -obstacle to a final ratification of the Articles of Confederation: and -that the legislature of Maryland be earnestly requested to authorize -their delegates in Congress to subscribe the said articles. - - * * * * * - - -MARYLAND. - -MONDAY, FEBRUARY 12, 1781. - -The delegates of Maryland laid before Congress a certified copy of an -act of the legislature of that State, which was read as follows:-- - -_An Act to empower the Delegates of this State in Congress to subscribe -and ratify the Articles of Confederation._ - -Whereas it hath been said that the common enemy is encouraged, by this -State not acceding to the Confederation, to hope that the union of the -sister States may be dissolved; and therefore prosecute the war in -expectation of an event so disgraceful to America; and our friends and -illustrious ally are impressed with an idea, that the common cause would -be promoted by our formally acceding to the Confederation: This General -Assembly, conscious that this State hath from the commencement of the -war strenuously exerted herself in the common cause, and fully satisfied -that, if no formal confederation was to take place, it is the fixed -determination of this State to continue her exertions to the utmost, -agreeable to the faith pledged in the union,--from an earnest desire to -conciliate the affections of the sister States, to convince all the -world of our unalterable resolution to support the independence of the -United States, and the alliance with his most Christian Majesty; and to -destroy for ever any apprehension of our friends, or hope in our -enemies, of this State being again united to Great Britain: - -Be it enacted by the General Assembly of Maryland, That the delegates of -this State in Congress, or any two or three of them, shall be, and are -hereby, empowered and required, on behalf of this State, to subscribe -the Articles of Confederation and Perpetual Union between the States of -New Hampshire, Massachusetts Bay, Rhode Island and Providence -Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, -Maryland, Virginia, North Carolina, South Carolina, and Georgia, signed -in the general Congress of the said States by the Honorable Henry -Laurens, Esquire, their then President, and laid before the legislature -of this State to be ratified, if approved; and that the said Articles of -Confederation and Perpetual Union, so as aforesaid subscribed, shall -thenceforth be ratified and become conclusive as to this State, and -obligatory thereon. - -And it is hereby declared, that, by acceding to the said Confederation, -this State doth not relinquish, or intend to relinquish, any right or -interest she hath with the other united or confederated States to the -back country; but claims the same as fully as was done by the -legislature of this State in their declaration which stands entered on -the journals of Congress: this State relying on the justice of the -several States hereafter, as to the said claim made by this State. - -And it is further declared, That no article in the said Confederation -can or ought to bind this or any other State to guarantee any exclusive -claim of any particular State to the soil of the said back lands, or -any such claim of jurisdiction over the said lands, or the inhabitants -thereof. - -By the House of Delegates, January 30, 1781. - - Read and assented to. - - By order, - F. GREEN, _Clerk_. - -By the Senate, February 2, 1781. - - Read and assented to. - - By order, - JAS. MACCUBBIN, _Clerk_. - -THOMAS LEE. [L. S.] - - * * * * * - - -ARTICLES OF CONFEDERATION AND PERPETUAL UNION - - BETWEEN THE STATES OF NEW HAMPSHIRE, MASSACHUSETTS BAY, RHODE - ISLAND AND PROVIDENCE PLANTATIONS, CONNECTICUT, NEW YORK, NEW - JERSEY, PENNSYLVANIA, DELAWARE, MARYLAND, VIRGINIA, NORTH - CAROLINA, SOUTH CAROLINA, AND GEORGIA. - -ART. 1. The style of this Confederacy shall be "The United States of -America." - -ART. 2. Each State retains its sovereignty, freedom, and independence, -and every power, jurisdiction, and right which is not by this -Confederation expressly delegated to the United States in Congress -assembled. - -ART. 3. The said States hereby severally enter into a firm league of -friendship with each other for their common defence, the security of -their liberties, and their mutual and general welfare; binding -themselves to assist each other against all force offered to or attacks -made upon them on account of religion, sovereignty, trade, or any other -pretence whatever. - -ART. 4. The better to secure and perpetuate mutual friendship and -intercourse among the people of the different States in this union, the -free inhabitants of each of these States (paupers, vagabonds, and -fugitives from justice excepted) shall be entitled to all privileges and -immunities of free citizens in the several States; and the people of -each State shall have free ingress and regress to and from any other -State, and shall enjoy therein all the privileges of trade and commerce, -subject to the same duties, impositions, and restrictions as the -inhabitants thereof respectively, provided that such restriction shall -not extend so far as to prevent the removal of property imported into -any State to any other State, of which the owner is an inhabitant; -provided also, that no imposition, duties, or restriction shall be laid -by any State on the property of the United States, or either of them. - -If any person guilty of or charged with treason, felony, or other high -misdemeanor in any State, shall flee from justice and be found in any of -the United States, he shall, upon demand of the Governor or executive -power of the State from which he fled, be delivered up and removed to -the State having jurisdiction of his offence. - -Full faith and credit shall be given in each of these States to the -records, acts, and judicial proceedings of the courts and magistrates of -every other State. - -ART. 5. For the more convenient management of the general interests of -the United States, delegates shall be annually appointed, in such manner -as the legislature of each State shall direct, to meet in Congress on -the first Monday in November, in every year, with a power reserved to -each State to recall its delegates, or any of them, at any time within -the year, and to send others in their stead, for the remainder of the -year. - -No State shall be represented in Congress by less than two nor by more -than seven members; and no person shall be capable of being a delegate -for more than three years in any term of six years; nor shall any -person, being a delegate, be capable of holding any office under the -United States, for which he, or any other for his benefit, receives any -salary, fees, or emolument of any kind. - -Each State shall maintain its own delegates in any meeting of the -States, and while they act as members of the committee of the States. - -In determining questions in the United States in Congress assembled, -each State shall have one vote. - -Freedom of speech and debate in Congress shall not be impeached or -questioned in any court or place out of Congress; and the members of -Congress shall be protected in their persons from arrests and -imprisonments, during the time of their going to and from and attendance -on Congress, except for treason, felony, or breach of the peace. - -ART. 6. No State, without the consent of the United States in Congress -assembled, shall send any embassy to, or receive any embassy from, or -enter into any conference, agreement, alliance, or treaty with any -king, prince, or state; nor shall any person holding any office of -profit or trust under the United States, or any of them, accept of any -present, emolument, office, or title of any kind whatever from any king, -prince, or foreign state; nor shall the United States in Congress -assembled, or any of them, grant any title of nobility. - -No two or more States shall enter into any treaty, confederation, or -alliance whatever between them, without the consent of the United States -in Congress assembled, specifying accurately the purposes for which the -same is to be entered into, and how long it shall continue. - -No State shall lay any imposts or duties, which may interfere with any -stipulations in treaties entered into by the United States in Congress -assembled, with any king, prince, or state, in pursuance of any treaties -already proposed by Congress to the courts of France and Spain. - -No vessels of war shall be kept up in time of peace by any State, except -such number only as shall be deemed necessary by the United States in -Congress assembled for the defence of such State or its trade; nor shall -any body of forces be kept up by any State, in time of peace, except -such number only as, in the judgment of the United States in Congress -assembled, shall be deemed requisite to garrison the forts necessary for -the defence of such State; but every State shall always keep up a -well-regulated and disciplined militia, sufficiently armed and -accoutred, and shall provide and have constantly ready for use, in -public stores, a due number of field-pieces and tents, and a proper -quantity of arms, ammunition, and camp equipage. - -No State shall engage in any war without the consent of the United -States in Congress assembled, unless such State be actually invaded by -enemies or shall have certain advice of a resolution being formed by -some nation of Indians to invade such State, and the danger is so -imminent as not to admit of a delay till the United States in Congress -assembled can be consulted; nor shall any State grant commission to any -ships or vessels of war, nor letters of marque or reprisal, except it be -after a declaration of war by the United States in Congress assembled, -and then only against the kingdom or state and the subjects thereof -against which war has been so declared, and under such regulations as -shall be established by the United States in Congress assembled, unless -such State be infested by pirates, in which case vessels of war may be -fitted out for that occasion and kept so long as the danger shall -continue, or until the United States in Congress assembled shall -determine otherwise. - -ART. 7. When land forces are raised by any State for the common defence, -all officers of or under the rank of colonel shall be appointed by the -legislatures of each State respectively by whom such forces shall be -raised, or in such manner as such State shall direct; and all vacancies -shall be filled up by the State which first made the appointment. - -ART. 8. All charges of war and all other expenses that shall be incurred -for the common defence or general welfare, and allowed by the United -States in Congress assembled, shall be defrayed out of a common -treasury, which shall be supplied by the several States in proportion to -the value of all land within each State granted to or surveyed for any -person, as such land and the buildings and improvements thereon shall be -estimated, according to such mode as the United States in Congress -assembled shall from time to time direct and appoint. - -The taxes for paying that proportion shall be laid and levied by the -authority and direction of the legislatures of the several States, -within the time agreed upon by the United States in Congress assembled. - -ART. 9. The United States in Congress assembled shall have the sole and -exclusive right and power of determining on peace and war, except in the -cases mentioned in the sixth article; of sending and receiving -ambassadors; entering into treaties and alliances, provided that no -treaty of commerce shall be made, whereby the legislative power of the -respective States shall be restrained from imposing such imposts and -duties on foreigners as their own people are subjected to, or from -prohibiting the exportation or importation of any species of goods or -commodities whatsoever; of establishing rules for deciding in all cases -what captures on land or water shall be legal, and in what manner prizes -taken by land or naval forces in the service of the United States shall -be divided or appropriated; of granting letters of marque and reprisal -in time of peace; appointing courts for the trial of piracies and -felonies committed on the high seas, and establishing courts for -receiving and determining finally appeals in all cases of captures, -provided that no member of Congress shall be appointed judge of any of -the said courts. - -The United States in Congress assembled shall also be the last resort on -appeal in all disputes and differences now subsisting or that hereafter -may arise between two or more States concerning boundary, jurisdiction, -or any other cause whatever, which authority shall always be exercised -in the manner following: whenever the legislative or executive authority -or lawful agent of any State in controversy with another shall present a -petition to Congress, stating the matter in question and praying for a -hearing, notice thereof shall be given by order of Congress to the -legislative or executive authority of the other State in controversy, -and a day assigned for the appearance of the parties by their lawful -agents, who shall then be directed to appoint by joint consent -commissioners or judges to constitute a court for hearing and -determining the matter in question; but if they cannot agree, Congress -shall name three persons out of each of the United States, and from the -list of such persons each party shall alternately strike out one, the -petitioners beginning, until the number shall be reduced to thirteen; -and from that number not less than seven nor more than nine names, as -Congress shall direct, shall, in the presence of Congress, be drawn out -by lot; and the persons whose names shall be so drawn, or any five of -them, shall be commissioners or judges to hear and finally determine the -controversy, so always as a major part of the judges who shall hear the -cause shall agree in the determination: and if either party shall -neglect to attend at the day appointed, without showing reasons which -Congress shall judge sufficient, or, being present, shall refuse to -strike, the Congress shall proceed to nominate three persons out of each -State, and the Secretary of Congress shall strike in behalf of such -party absent or refusing; and the judgment and sentence of the court to -be appointed, in the manner before prescribed, shall be final and -conclusive; and if any of the parties shall refuse to submit to the -authority of such court, or to appear or defend their claim or cause, -the court shall nevertheless proceed to pronounce sentence or judgment, -which shall in like manner be final and decisive, the judgment or -sentence and other proceedings being in either case transmitted to -Congress, and lodged among the acts of Congress, for the security of the -parties concerned: provided, that every commissioner, before he sits in -judgment, shall take an oath, to be administered by one of the judges of -the Supreme or Superior Court of the State where the cause shall be -tried, "well and truly to hear and determine the matter in question, -according to the best of his judgment, without favor, affection, or hope -of reward"; provided, also, that no State shall be deprived of territory -for the benefit of the United States. - -All controversies concerning the private right of soil, claimed under -different grants of two or more States, whose jurisdictions as they may -respect such lands and the States which passed such grants are adjusted, -the said grants or either of them being at the same time claimed to have -originated antecedent to such settlement of jurisdiction, shall, on the -petition of either party to the Congress of the United States, be -finally determined, as near as may be in the same manner as is before -prescribed for deciding disputes respecting territorial jurisdiction -between different States. - -The United States in Congress assembled shall also have the sole and -exclusive right and power of regulating the alloy and value of coin -struck by their own authority, or by that of the respective States; -fixing the standard of weights and measures throughout the United -States; regulating the trade and managing all affairs with the Indians -not members of any of the States, provided that the legislative right -of any State within its own limits be not infringed or violated; -establishing and regulating post-offices from one State to another -throughout all the United States, and exacting such postage on the -papers passing through the same as may be requisite to defray the -expenses of the said office; appointing all officers of the naval -forces, and commissioning all officers whatever in the service of the -United States; making rules for the government and regulation of the -said land and naval forces, and directing their operations. - -The United States in Congress assembled shall have authority to appoint -a committee to sit in the recess of Congress, to be denominated "a -Committee of the States," and to consist of one delegate from each -State, and to appoint such other committees and civil officers as may be -necessary for managing the general affairs of the United States, under -their direction; to appoint one of their number to preside, provided -that no person be allowed to serve in the office of President more than -one year in any term of three years; to ascertain the necessary sums of -money to be raised for the service of the United States, and to -appropriate and apply the same for defraying the public expenses; to -borrow money or emit bills on the credit of the United States, -transmitting every half-year to the respective States an account of the -sums of money so borrowed or emitted; to build and equip a navy; to -agree upon the number of land forces, and to make requisitions from each -State for its quota, in proportion to the number of white inhabitants in -such State; which requisition shall be binding, and thereupon the -legislature of each State shall appoint the regimental officers, raise -the men, and clothe, arm, and equip them in a soldierlike manner, at the -expense of the United States; and the officers and men to be clothed, -armed, and equipped shall march to the place appointed, and within the -time agreed on, by the United States in Congress assembled: but if the -United States in Congress assembled shall, on consideration of -circumstances, judge proper that any State should not raise men or -should raise a smaller number than its quota, and that any other State -should raise a greater number of men than the quota thereof, such extra -number shall be raised, officered, clothed, armed, and equipped in the -same manner as the quota of such State, unless the legislature of such -State shall judge that such extra number cannot be safely spared out of -the same, in which case they shall raise, officer, clothe, arm, and -equip as many of such extra number as they judge can be safely spared. -And the officers and men so clothed, armed, and equipped shall march to -the place appointed, and within the time agreed on, by the United States -in Congress assembled. - -The United States in Congress assembled shall never engage in a war nor -grant letters of marque and reprisal in time of peace, nor enter into -any treaties or alliances, nor coin money nor regulate the value -thereof, nor ascertain the sums and expenses necessary for the defence -and welfare of the United States, or any of them; nor emit bills, nor -borrow money on the credit of the United States, nor appropriate money, -nor agree upon the number of vessels of war to be built or purchased, or -the number of land or sea forces to be raised, nor appoint a -commander-in-chief of the army or navy, unless nine States assent to the -same; nor shall a question on any other point, except for adjourning -from day to day, be determined, unless by the votes of a majority of the -United States in Congress assembled. - -The Congress of the United States shall have power to adjourn to any -time within the year, and to any place within the United States, so that -no period of adjournment be for a longer duration than the space of six -months, and shall publish the journal of their proceedings monthly, -except such parts thereof relating to treaties, alliances, or military -operations, as in their judgment require secrecy; and the yeas and nays -of the delegates of each State on any question shall be entered on the -journal, when it is desired by any delegate; and the delegates of a -State, or any of them, at his or their request, shall be furnished with -a transcript of the said journal, except such parts as are above -excepted, to lay before the legislatures of the several States. - -ART. 10. The Committee of the States, or any nine of them, shall be -authorized to execute, in the recess of Congress, such of the powers of -Congress as the United States in Congress assembled, by the consent of -nine States, shall, from time to time, think expedient to vest them -with; provided that no power be delegated to the said Committee, for the -exercise of which, by the Articles of Confederation, the voice of nine -States in the Congress of the United States assembled is requisite. - -ART. 11. Canada, acceding to this Confederation, and joining in the -measures of the United States, shall be admitted into and entitled to -all the advantages of this Union; but no other Colony shall be admitted -into the same unless such admission be agreed to by nine States. - -ART. 12. All bills of credit emitted, moneys borrowed, and debts -contracted by or under the authority of Congress, before the assembling -of the United States, in pursuance of the present Confederation, shall -be deemed and considered as a charge against the United States, for -payment and satisfaction whereof the said United States and the public -faith are hereby solemnly pledged. - -ART. 13. Every State shall abide by the determinations of the United -States in Congress assembled on all questions which by this -Confederation are submitted to them. And the Articles of this -Confederation shall be inviolably observed by every State, and the Union -shall be perpetual; nor shall any alteration at any time hereafter be -made in any of them; unless such alteration be agreed to in a Congress -of the United States, and be afterwards confirmed by the legislatures of -every State. - -These Articles shall be proposed to the legislatures of all the United -States, to be considered, and if approved of by them, they are advised -to authorize their delegates to ratify the same in the Congress of the -United States; which being done, the same shall become conclusive. - - * * * * * - - -MEMBERS OF THE CONVENTION WHICH FORMED THE CONSTITUTION.[457] - -Those with numbers before their names signed the Constitution. Those -without numbers attended, but did not sign. The dates denote the first -day of their attendance. Those in italics never attended. - - NEW HAMPSHIRE. - - 1. John Langdon, 23 July. - _John Pickering._ - 2. Nicholas Gilman, 23 July. - _Benjamin West._ - - MASSACHUSETTS. - - _Francis Dana._ - Elbridge Gerry, 29 May. - 3. Nathaniel Gorham, 28 May. - 4. Rufus King, 25 May. - Caleb Strong, 28 May. - - RHODE ISLAND. [No appointment.] - - CONNECTICUT. - - 5. William S. Johnson, 2 June. - 6. Roger Sherman, 30 May. - Oliver Ellsworth, 29 May. - - NEW YORK. - - Robert Yates, 25 May. - 7. Alexander Hamilton, 25 May. - John Lansing, 2 June. - - NEW JERSEY. - - 8. William Livingston, 5 June. - 9. David Brearley, 25 May. - William C. Houston, 25 May. - 10. William Patterson, 25 May. - _John Neilson._ - _Abraham Clark._ - 11. Jonathan Dayton, 21 June. - - PENNSYLVANIA. - - 12. Benjamin Franklin, 28 May. - 13. Thomas Mifflin, 28 May. - 14. Robert Morris, 25 May. - 15. George Clymer, 28 May. - 16. Thomas Fitzsimons, 25 May. - 17. Jared Ingersoll, 28 May. - 18. James Wilson, 25 May. - 19. Gouverneur Morris, 25 May. - - DELAWARE. - - 20. George Read, 25 May. - 21. Gunning Bedford, Jr. 28 May. - 22. John Dickinson, 28 May. - 23. Richard Bassett, 25 May. - 24. Jacob Broom, 25 May. - - MARYLAND. - - 25. James McHenry, 29 May. - 26. Daniel of St. Thomas - Jenifer, 2 June. - 27. Daniel Carroll, 9 July. - John Francis Mercer, 6 Aug. - Luther Martin, 9 June. - - VIRGINIA. - - 28. George Washington, 25 May. - _Patrick Henry_ (declined). - Edmund Randolph, 25 May. - 29. John Blair, 25 May. - 30. James Madison, Jr. 25 May. - George Mason, 25 May. - George Wythe, 25 May. - James McClurg (in the - room of P. Henry) 25 May. - - NORTH CAROLINA. - - _Richard Caswell_ (resigned). - Alexander Martin, 25 May. - William R. Davie, 25 May. - 31. William Blount (in the - room of R. Caswell) 20 June. - _Willie Jones_ (declined). - 32. Richard D. Spaight, 25 May. - 33. Hugh Williamson (in the - room of W. Jones), 25 May. - - SOUTH CAROLINA. - - 34. John Rutledge, 25 May. - 35. Charles C. Pinckney, 25 May. - 36. Charles Pinckney, 25 May. - 37. Pierce Butler, 25 May. - - GEORGIA. - - 38. William Few, 25 May. - 39. Abraham Baldwin, 11 June. - William Pierce, 31 May. - _George Walton._ - William Houstoun, 1 June. - _Nathaniel Pendleton._ - -FOOTNOTE: - -[457] This Table is taken from the 12th volume of Mr. Sparks's edition -of Washington's Writings, p. 426. - - - - - END OF VOL. I. - - - * * * * * - -Transcriber's Notes: - -Obvious typos and punctuation errors repaired. Period spellings and -grammatical uses retained. - -On rejoining "co-" and "pre-" with "o" and "e" roots at the ends of -lines, a diaresis was added to the second "o" or "e" per author practice -(for example: coöperation, preëminent). - -Semicolons were consistently placed outside closing quotes in the -original; retained. - -P. 78, Footnote #97: The form included blank spaces, represented here as -underlines. - -P. 175, Footnote #179: Amount in the original was shown as $1,545,818 -followed by 30/90 in fraction form; represented here as "$1,545,818 and -30/90." - -P. 218, Marker for footnote #200 beginning on this page was missing. I -have placed it at the end of the paragraph: "disciplining the militia." - -P. 431, Marker for footnote #417 beginning on this page was missing. I -have placed it at the end of the paragraph: "be for ever directed." - -P. 489, Dupicate "APPENDIX" heading removed. - - - - - -End of the Project Gutenberg EBook of History of the Origin, Formation, and -Adoption of the Constitution of the United States, Vol. 1, by George Ticknor Curtis - -*** END OF THIS PROJECT GUTENBERG EBOOK CONSTITUTION OF THE UNITED STATES *** - -***** This file should be named 40400-8.txt or 40400-8.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/4/0/4/0/40400/ - -Produced by Curtis Weyant, JoAnn Greenwood, and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by the Posner Memorial Collection -(http://posner.library.cmu.edu/Posner/)) - - -Updated editions will replace the previous one--the old editions -will be renamed. - -Creating the works from public domain print editions means that no -one owns a United States copyright in these works, so the Foundation -(and you!) can copy and distribute it in the United States without -permission and without paying copyright royalties. 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