A School History of the United States Part 18

%169. Defects of the Articles of Confederation.%--While Congress at New York was framing the Ordinance of 1787, a convention of delegates from the states was framing the Const.i.tution at Philadelphia. A very little experience under the Articles of Confederation showed them to have serious defects.

_No Taxing Power_.--In the first place, Congress could not lay a tax of any kind, and as it could not tax it could not get money with which to pay its expenses and the debt incurred during the Revolution. Each of the states was in duty bound to pay its share. But this duty was so disregarded that although Congress between 1782 and 1786 called on the states for $6,000,000, only $1,000.000 was paid.

_No Power to regulate Trade_.--In the second place, Congress had no power to regulate trade with foreign nations, or between the states.

This proved a most serious evil. The people of the United States at that time had few manufactures, because in colonial days Parliament would not allow them. All the china, gla.s.s, hardware, cutlery, woolen goods, linen, muslin, and a thousand other things were imported from Great Britain. Before the war the Americans had paid for these goods with dried fish, lumber, whale oil, flour, tobacco, rice, and indigo, and with money made by trading in the West Indies. Now Great Britain forbade Americans to trade with her West Indies. Spain would not make a trade treaty with us, so we had no trade with her islands, and what was worse, Great Britain taxed everything that came to her from the United States unless it came in British ships. As a consequence, very little lumber, fish, rice, and other of our products went abroad to pay for the immense quant.i.ty of foreign-made goods that came to us. These goods therefore had to be paid for in money, which about 1785 began to be boxed up and shipped to London. When the people found that specie was being carried out of the country, they began to h.o.a.rd it, so that by 1786 none was in circulation.

%170. Paper Money issued.%--This left the people without any money with which to pay wages, or buy food and clothing, and led at once to a demand that the states should print paper money and loan it to their citizens. Rhode Island, New York, New Jersey, Pennsylvania, North and South Carolina, and Georgia did so. But the money was no sooner issued than the merchants and others who had goods to sell refused to take it, whereupon in some of the states laws called "tender acts" were pa.s.sed to compel people to use the paper. This merely put an end to business, for n.o.body would sell. In Ma.s.sachusetts, when the legislature refused to issue paper money, many of the persons who owed debts a.s.sembled, and, during 1786-87, under the lead of Daniel Shays, a Revolutionary soldier, prevented the courts from trying suits for the recovery of money owed or loaned.[1]

[Footnote 1: Read McMaster's _History of the People of the United States_, Vol. I., pp. 281-295, 304-329, 331-340; Fiske's _Critical Period of American History_, pp. 168-186.]

%171. Congress proposes Amendments.%--Of the many defects in the Articles, the Continental Congress was fully aware, and it had many a time asked the states to make amendments. One proposed that Congress should have power for twenty-five years to lay a tax of five per cent on all goods imported, and use the money to pay the Continental debts.

Another was to require each state to raise by special tax a sum sufficient to pay its yearly share of the current expenses of Congress.

A third was to bestow on Congress for fifteen years the sole power to regulate trade and commerce. A fourth provided that in future the share each state was to bear of the current expenses should be in proportion to its population.

But the Articles of Confederation could not be amended unless all thirteen states consented, and, as all thirteen never did consent, none of these amendments were ever made.

%172. The States attempt to regulate Trade and fail.%--In the meantime the states attempted to regulate trade for themselves. New York laid double duties on English ships. Pennsylvania taxed a long list of foreign goods. Ma.s.sachusetts, New Hampshire, and Rhode Island pa.s.sed acts imposing heavy duties on articles unless they came in American vessels. But these laws were not uniform, and as many states took no action, very little good was accomplished.[1]

[Footnote 1: McMaster's _History of the People of the United States_, Vol. I., pp. 246-259, 266-280; Fiske's _Critical Period of American History_, 134-137, 145-147.]

%173. A Trade Convention called to meet at Annapolis, 1786.%[2]--Under these conditions, the business of the whole country was at a standstill, and as Congress had no power to do anything to relieve the distress, the state of Virginia sent out a circular letter to her sister states. She asked them to appoint delegates to meet and "take into consideration the trade and commerce of the United States."

Four (New York, New Jersey, Pennsylvania, and Delaware) responded, and their delegates, with those from Virginia, met at Annapolis in September, 1786.

[Footnote 2: The report of this Annapolis convention is printed in _Bulletin of Bureau of Rolls and Library of the Department of State_, No. 1, Appendix, pp. 1-5.]

CHAPTER XIII

MAKING THE CONSt.i.tUTION

%174. Call for the Const.i.tutional Convention.%--Finding that it could do nothing, because so few states were represented, and because the powers of the delegates were so limited, the convention recommended that all the states in the Union be asked by Congress to send delegates to a new convention, to meet at Philadelphia in May, 1787, "to take into consideration the situation of the United States," and "to devise such further provisions as shall appear to them necessary to render the Const.i.tution of the Federal government adequate to the exigencies of the Union."

%175. The Philadelphia Convention.%[1]--Early in 1787 Congress approved this movement, and during the summer of 1787 (May to September) delegates from twelve states (Rhode Island sent none), sitting in secret session at Philadelphia, made the Const.i.tution of the United States.

[Footnote 1: All we know of the proceedings of this convention is derived from the journals of the convention, the notes taken down by James Madison, the notes of Yates of New York, and a speech by Luther Martin of Maryland. They may be found in Elliot's _Debates_, Vol. IV.]

[Ill.u.s.tration: Independence Chamber[2]]

[Footnote 2: The room where the Const.i.tution was framed.]

%176. The Virginia and New Jersey Plans%.--The story of that convention is too long and too complicated to be told in full.[1] But some of its proceedings must be noticed. While the delegates were a.s.sembling, a few men, under the lead of Madison, met and drew up the outline of a const.i.tution, which was presented by the chairman of the Virginia delegation, and was called the "Virginia plan." A little later, delegates from the small states met and drew up a second plan, which was the old Articles of Confederation with amendments. As the chairman of the New Jersey delegation offered this, it was called the "New Jersey plan." Both were discussed; but the convention voted to accept the Virginia plan as the basis of the Const.i.tution.

[Footnote 1: For short accounts, read "The Framers and the Framing of the Const.i.tution" in the _Century Magazine_, September, 1887, or "Framing the Const.i.tution," in McMaster's _With the Fathers_, pp.

106-149, or Thorpe's _Story of the Const.i.tution_, Chautauqua Course, 1891-92, pp. 111-148.]

%177. The Three Compromises.%--This plan called, among other things, for a national legislature of two branches: a Senate and a House of Representatives. The populous states insisted that the number of representatives sent by each state to Congress should be in proportion to her population. The small states insisted that each should send the same number of representatives. For a time neither party would yield; but at length the Connecticut delegates suggested that the states be given an equal vote and an equal representation in the Senate, and an unequal representation, based on population, in the House. The contending parties agreed, and so made the first compromise.

But the decision to have representation according to population at once raised the question, Shall slaves be counted as population? This divided the convention into slave states and free (see p. 186), and led to a second compromise, by which it was agreed that three fifths of all slaves should be counted as population, for the purpose of apportioning representation.

A third compromise sprang from the conflicting interests of the commercial and the planting states. The planting states wanted a provision forbidding Congress to pa.s.s navigation acts, except by a two-thirds vote, and forbidding any tax on exports; three states also wished to import slaves for use on their plantations. The free commercial states wanted Congress to pa.s.s navigation laws, and also wanted the slave trade stopped, because of the three-fifths rule. The result was an agreement that the importation of slaves should not be forbidden by Congress before 1808, and that Congress might pa.s.s navigation acts, and that exports should never be taxed.

%178. The Election of President.%--Another feature of the Virginia plan was the provision for a President whose business it should be to see that the acts of Congress were duly enforced or executed. But when the question arose, How shall he be chosen? all manner of suggestions were made. Some said by the governors of the states; some, by the United States Senate; some, by the state legislatures; some, by a body of electors chosen for that purpose. When at last it was decided to have a body of electors, the difficulty was to determine the manner of electing the electors. On this no agreement could be reached; so the convention ordered that the legislature of each state should have as many electors of the President as it had senators and representatives in Congress, and that these men should be appointed in such way as the legislatures of the states saw fit to prescribe.

%179. Sources of the Const.i.tution.%--An examination of the Const.i.tution shows that some of its features were new; that some were drawn from the experience of the states under the Confederation; and that others were borrowed from the various state const.i.tutions. Among those taken from state const.i.tutions are such names as President, Senate, House of Representatives, and such provisions as that for a census, for the veto, for the retirement of one third of the Senate every two years, that money bills shall originate in the House, for impeachment, and for what we call the annual message.[1]

[Footnote 1: On the sources of the Const.i.tution, read "The First Century of the Const.i.tution" in _New Princeton Review,_ September, 1887, pp. 175-190.]

The features based directly on experience under the Articles of Confederation are the provisions that the acts of Congress must be _uniform_ throughout the Union; that the President may call out the militia to repel invasion, to put down insurrection, and to maintain the laws of the Union; that Congress shall have _sole_ power to regulate _foreign trade_ and _trade between the states._ No state can now coin money or print paper money, or make anything but gold or silver legal tender. Congress now has power to lay taxes, duties, and excises. The Const.i.tution divides the powers of government between the legislative department (Senate and House of Representatives); the executive department (the President, who sees that laws and treaties are obeyed); and the judicial department (Supreme Court and other United States courts, which interpret the Const.i.tution, the acts of Congress, and the treaties).

The new features are the definition of treason and the limitation of its punishment; the guarantee to every state of a republican form of government; the swearing of state officials to support the Federal Const.i.tution; and the provision for amendment.

Among other noteworthy features are the creation of a United States citizenship as distinct from a state citizenship, the limitation of the powers of the states; and the provision that the Const.i.tution, the acts of Congress, and the treaties are "the supreme law of the land."

%180. Const.i.tution submitted to the People.%--The convention ended its work, and such members as were willing signed the Const.i.tution on September 17, 1787. Washington, as president of the convention, then sent the Const.i.tution to the Continental Congress sitting at New York and asked it to transmit copies to the states for ratification. This was done, and during the next few months the legislatures of most of the states called on the people to elect delegates to conventions which should accept or reject the Const.i.tution.

%181. Ratification by the States.%--In many of these conventions great objection was made because the new plan of federal government was so unlike the Articles of Confederation, and certain changes were insisted on. The only states that accepted it just as it was framed were Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, and Maryland.

Ma.s.sachusetts, South Carolina, New Hampshire, New York, and Virginia ratified with amendments. (For dates, see p. 176.)

%182. "The New Roof."%--The Const.i.tution provided that when nine states had ratified, it should go into effect "between the states so ratifying." While it was under discussion the Federalists, as the friends of the Const.i.tution were named, had called it "the New Roof,"

which was going to cover the states and protect them from political storms. They now represented it as completed and supported by eleven pillars or states. Two states, Rhode Island and North Carolina, had not ratified, and so were not under the New Roof, and were not members of the new Union. Eleven states having approved, nothing remained but to fix the particular day on which the electors of President should be chosen, and the time and place for the meeting of the new Congress. This the Continental Congress did in September, 1788, by ordering that the electors should be chosen on the first Wednesday in January, 1789, that they should meet and vote for President on the first Wednesday in February, and that the new Congress should meet at New York on the first Wednesday in March, which happened to be the fourth day of the month.

Later, Congress by law fixed March 4 as the day on which the terms of the Presidents begin and end.[1]

[Footnote 1: The question is often asked, When did the Const.i.tution go into force? Article VII. says, "The ratification of the conventions of nine states shall be sufficient for the establishment of this Const.i.tution between the states so ratifying the same." New Hampshire, the ninth state, ratified June 21, 1788, and on that day, therefore, the const.i.tution was "established" between the nine.]

%183. How Presidents were elected%.--It must not be supposed that our first presidents were elected just as presidents are now. In our time electors are everywhere chosen by popular vote. In 1788 there was no uniformity. In Pennsylvania, Maryland, and Virginia the people had a complete, and in Ma.s.sachusetts and New Hampshire a partial, choice. In Connecticut, Delaware, New Jersey, South Carolina, and Georgia the electors were appointed by the legislatures. In New York the two branches of the legislature quarreled, and no electors were chosen.

As the Const.i.tution required that the electors should vote by ballot for two persons, such as had been appointed met at their state capitals on the first Wednesday in February, 1789, made lists of the persons voted for, and sent them signed and certified under seal to the president of the Senate. But when March 4, 1789, came, there was no Senate. Less than a majority of that body had arrived in New York, so no business could be done. When at length the Senate secured a majority, the House was still without one, and remained so till April. Then, in the presence of the House and Senate, the votes on the lists were counted, and it was found that every elector had given one of his votes for George Washington, who was thus elected President. No separate ballot was then required for Vice President. Each elector merely wrote on his ballot the names of two men. He who received the greatest number of votes, if, in the words of the Const.i.tution, "such number be a majority of the whole number of electors appointed," was elected President. He who received the next highest, even if less than a majority, was elected Vice President. In 1789 this man was John Adams of Ma.s.sachusetts.

[Ill.u.s.tration: Federal Hall, New York[1]]

[Footnote 1: From an old print made in 1797.]

[Ill.u.s.tration: G Washington]

%184. The First Inauguration.%--As soon as Washington received the news of his election, he left Mount Vernon and started for New York. His journey was one continuous triumphal march. The population of every town through which he pa.s.sed turned out to meet him. Men, women, and children stood for hours by the roadside waiting for him to go by. At New York his reception was most imposing, and there, on April 30, 1789, standing on the balcony in front of Federal Hall (p. 171), he took the oath of office in the presence of Congress and a great mult.i.tude of people that filled the streets, and crowded the windows, and sat on the roofs of the neighboring houses.[1]

[Footnote 1: Full accounts of the inauguration of Washington may be found in _Harper's Magazine_, and also in the _Century Magazine_, for April, 1889.]

SUMMARY

1. When independence was about decided on, Congress appointed a committee to draft a general plan of federal government.

2. This plan, called Articles of Confederation, Maryland absolutely refused to ratify till the states claiming land west of the Alleghany Mountains ceded their claims to Congress.

3. New York and Virginia having ceded their claims, Maryland ratified in March, 1781.