Formation of the Union, 1750-1829 Part 10

[Sidenote: Preliminaries of a const.i.tution.]

[Sidenote: Articles submitted.]

One cause of the weakness of Congress and the disorders in the States was the want of a settled national government. The Continental Congress understood that it was but a makeshift, and on the day when a committee was formed to frame a Declaration of Independence, another committee was appointed to draw up Articles of Confederation. It reported July 12, 1776; but the moment discussion began, it was seen that there were almost insuperable difficulties. The first was the question whether each State should have one vote, as in the existing government, or whether each should cast a number of votes in proportion to its population; the second question was how revenue should be raised and a.s.sessed; the third was how the western country should be held; the fourth was what powers should be given to the general government, and what retained by the States; the fifth, how disputes within the Union should be settled. When, on Nov. 15, 1777, Congress had finally adopted a draft of Articles of Confederation, the decline of its power and influence was reflected in the proposed instrument of government. On the question of representation, the rule of vote by States was continued. The only taxation was a formal system of requisitions on the States. Here the question of slavery was unexpectedly brought in: the Northern States desired to apportion the taxes according to total population, including slaves. "Our slaves are our property" said Lynch, of South Carolina; "If that is debated, there is an end of the Confederation. Being our property, why should they be taxed more than sheep?" A compromise was reached, by which requisitions were to be a.s.sessed in proportion to the value of lands in the several States. The question of control of territory was not distinctly settled by the articles. The powers to be conferred upon the Confederation were practically limited to war, peace, and foreign affairs. A c.u.mbrous system of arbitration courts was established for disputes between States, but there was no machinery for settling quarrels between States and the national government.

[Sidenote: The Western lands.]

[Sidenote: Maryland will not ratify.]

[Sidenote: Articles in force.]

Congress had spent a year and a half in forming the Articles of Confederation. The States took three and a half years in ratifying them.

Ten States early signified their willingness to adopt them. Three others stood out because the Western lands were left in dispute. In 1776 when the British authority had been declared no longer existent in the colonies, each of the new States considered itself possessed of all the British lands which at any time had been included within its boundary; and in 1778 Virginia had captured the few British posts northwest of the Ohio, and had shortly after created that immense region, now the seat of five powerful States, into the "County of Illinois." On the other hand, it was strongly urged that the Western territory had been secured through a war undertaken by all the colonies for the whole country, and that the lands ought to be reserved to reward the continental soldiers, and to secure the debt of the United States. For the sake of union, two of the three dissatisfied commonwealths agreed to the Articles of Confederation. One State alone stood firm: Maryland, whose boundaries could not be so construed as to include any part of the lands, refused to ratify unless the claims of Virginia were disallowed; Virginia and Connecticut proposed to close the Union without Maryland; Virginia even opened a land office for the sale of a part of the territory in dispute; but threats had no effect. New York, which had less to gain from the Western territory than the other claimants, now came forward with the cession of her claims to the United States; and Virginia, on Jan. 2, 1781, agreed to do the like. On March 1, 1781, it was announced that Maryland had ratified the Articles of Confederation, and they were duly put into force. From that date the Congress, though little changed in personnel or in powers, was acting under a written const.i.tution, and the States had bound themselves to abide by it.

46. PEACE NEGOTIATED (1779-1782).

[Sidenote: Instructions of 1779.]

[Sidenote: Instructions of 1781.]

Thus the settlement of the final terms of peace fell to the new government, but rather as a heritage than as a new task. Instructions issued by Congress in 1779 had insisted, as a first essential, on an acknowledgment by Great Britain of the independence of the United States.

Next, adequate boundaries were to be provided; the United States must extend as far west as the Mississippi, as far south as the thirty-first parallel, and as far north as Lake Nip.i.s.sing. The third desideratum was undisturbed fishery rights on the banks of Newfoundland. Finally, it was expected that a treaty of commerce would be yielded by Great Britain after the peace was made. In 1781 Virginia, alarmed by Cornwallis's invasion, succeeded in carrying a very different set of instructions. The only essential was to be the substantial admission that America was independent; in all else the treaty was to be made in a manner satisfactory to the French minister of foreign affairs.

[Sidenote: The king consents to peace.]

[Sidenote: Independence.]

[Sidenote: Boundary.]

[Sidenote: Instructions ignored.]

Before peace could be reached it was necessary to break down the iron opposition of the king. On Feb. 28, 1781 Conway's motion, looking to the cessation of the war, was adopted by Parliament. "The fatal day has come,"

said the king. It was not merely his American policy which had failed; the party of the "King's Friends" was beaten; North resigned; and after twelve years of strenuous opposition, the king was obliged to accept a Whig ministry, which he detested, and to let it negotiate for peace. A part of the ministry still cherished the delusion that the Americans would accept terms which did not leave them independent. The firmness of the American envoys was effectual; a royal commission was at last addressed to Oswald, authorizing him to treat with "the commissioners of the United States of America" in Paris. Then came the important question of boundary. Without the thirteen colonies the possession of the Floridas was of little value to England, and they had been reduced by a Spanish expedition in 1781; they were therefore returned to Spain. For a long time the English insisted that a neutral belt of Indian territory should be created west of the mountains. That point was finally waived; the Americans withdrew their pretensions to the territory north of Lake Erie; and the St. Lawrence River system, from the western end of Lake Superior to the forty-fifth parallel, was made the boundary. From the forty-fifth parallel to the sea, the boundary was described as following the "highlands which divide those rivers that empty themselves into the St. Lawrence from those which fall into the Atlantic Ocean." The country was little known; the commissioners were probably confused; and the ground was thus prepared for a dispute which lasted fifty-nine years. In the course of the negotiations the American amba.s.sadors, Jay, Adams, Franklin, and Laurens, became suspicious of the French court. There is now some reason for believing that Vergennes, the French minister, had dealt honorably with the American interests, and could have secured excellent terms. "Would you break your instructions?" asked one of the fellow-commissioners of Jay. "I would," he replied, "as I would break this pipe." Thenceforward the Americans dealt directly and solely with the English envoys.

[Sidenote: The Mississippi.]

[Sidenote: The fisheries.]

The next question to be settled was the claim of the English to the navigation of the Mississippi, which was supposed to reach northward into British territory. It was yielded; the Americans, however, received no corresponding right of navigation through Spanish territory to the sea.

Next came the fisheries. As colonists the New Englanders had always enjoyed the right to fish upon the Newfoundland banks, and to land at convenient spots to cure their fish. Adams, representing New England, insisted that "the right of fishing" should be distinctly stated; he carried his point.

[Sidenote: Loyalists.]

[Sidenote: Debts.]

[Sidenote: Slaves.]

[Sidenote: Treaty signed.]

The main difficulties disposed of, three troublesome minor points had to be adjusted. The first was the question of loyalists. They had suffered from their attachment to the British government; they had been exiled; their estates had been confiscated, their names made a by-word. The British government first insisted, and then pleaded, that the treaty should protect these persons if they chose to return to their former homes. The Americans would agree only that Congress should "earnestly recommend" to the thirteen legislatures to pa.s.s Relief Acts. Then came the question of private debts due to the British merchants at the outbreak of the Revolution, and still unpaid. Some of the American envoys objected to reviving these obligations; but Adams, when he arrived, set the matter at rest by declaring that he had "no notion of cheating anybody." Finally came the question of the treatment of the slaves who had taken refuge with the British armies; and the English commissioners agreed that the British troops should withdraw "without causing any destruction or the carrying away any negroes or other property of the American inhabitants." On Nov.

30, 1782, a provisional treaty was signed; but it was not until Sept. 3, 1783 after the peace between France and England had been adjusted, that the definitive treaty was signed, in precisely the same terms.

With great difficulty a quorum was a.s.sembled, and on Jan. 14, 1784, it was duly ratified by Congress. The treaty was a triumph for American diplomacy. "It is impossible," says Lecky, the ablest historian of this period, "not to be struck with the skill, hardihood, and good fortune that marked the American negotiations. Everything the United States could with any show of plausibility demand from England, they obtained."

47. POLITICAL EFFECTS OF THE WAR.

[Sidenote: American union.]

Thus in seven years America had advanced from the condition of a body of subordinate colonies to that of a nation. Furthermore, the people, who at the beginning of the struggle were scattered and separated, and who scarcely knew each other, were now united under a government; the Confederation, however weak, was the strongest federation then in existence. The people had learned the lesson of acting together in a great national crisis, and of accepting the limitations upon their governments made necessary by the central power.

[Sidenote: Union not perfected.]

The spirit of the new nation was now to be subjected to a test more severe than that of the Revolution. Danger banded the colonies together during the war. Would they remain together during peace? Sectional jealousies had broken out in Congress and in camp; and in the crisis of 1777 an effort had been made to displace Washington. There had been repeated instances of treachery among military officers and among foreign envoys. The States were undoubtedly much nearer together than the colonies had been; they had accepted a degree of control from the general government which they had refused from England; but they were not used to accept the resolutions of Congress as self-operative. Their conception of national government was still that national legislation filtrated from Congress to the State legislatures, and through that medium to the people.

[Sidenote: Frontier difficulties.]

The interior of the country was in a confused and alarming state. The territorial settlement with the States had only begun, and was to be the work of years. The Indians were a stumbling-block which must be removed from the path of the settlers. Within the States there were poverty, taxation, and disorder, and a serious discontent.

[Sidenote: Common inst.i.tutions.]

Nevertheless, the system of the colonies was a system of union. The State governments all rested on the same basis of revolution and defiance of former established law; but when they separated from England they preserved those notions of English private and public law which had distinguished the colonies. The laws and the governments of the States were everywhere similar. The States were one in language, in religion, in traditions, in the memories of a common struggle, and in political and economic interests.

[Sidenote: Trade hampered.]

Commercially, however, the situation of the country was worse than it had been in three quarters of a century. Though the fisheries had been saved by the efforts of Adams, the market for the surplus fish was taken away.

As colonies they had enjoyed the right to trade with other British colonies; as an independent nation they had only those rights which England chose to give. For a time the ministry seemed disposed to make a favorable commercial treaty; but in 1783 an Order in Council was issued cutting off the Americans from the West Indian trade; and it was not until 1818 that they recovered it.

[Sidenote: Republican government encouraged.] A great political principle had been strengthened by the success of the Revolution: republican government had been revived in a fashion unknown since ancient times. The territory claimed by Virginia was larger than the island of Great Britain.

The federal republic included an area nearly four times as large as that of France. In 1782 Frederick of Prussia told the English amba.s.sador that the United States could not endure, "since a republican government had never been known to exist for any length of time where the territory was not limited and concentred." The problem was a new one; but in communities without a t.i.tled aristocracy, which had set themselves against the power of a monarch, and which had long been accustomed to self-government, the problem was successfully worked out. The suffrage was still limited to the holders of land; but the spirit of the Revolution looked towards abolishing all legal distinctions between man and man; and the foundation of later democracy, with its universal suffrage, was thus already laid.

[Sidenote: Influence of rights of man.]

The influence of the republican spirit upon the rest of the world was not yet discerned; but the United States had established for themselves two principles which seriously affected other nations. If English colonies could by revolution relieve themselves from the colonial system of England, the French and Spanish colonies might follow that example; and forty years later not one of the Spanish continental colonies acknowledged the authority of the home government. The other principle was that of the rights of man. The Declaration of Independence contained a list of rights such as were familiar to the colonists of England, but were only theories elsewhere. The success of the Revolution was, therefore, a shock to the system of privilege and of cla.s.s exemptions from the common burdens, which had lasted since feudal times. The French Revolution of 1789 was an attempt to apply upon alien ground the principles of the American Revolution.

CHAPTER V.

THE CONFEDERATION (1781-1788)

48. REFERENCES

BIBLIOGRAPHIES.--Justin Winsor, _Narrative and Critical History_, VI.

745, VII. 199-236, 527-543, VIII. 491;, notes to Curtis, Bancroft, McMaster, and Pitkin; W. F. Foster, _References to the Const.i.tution_, 12-14; J. J. Lalor, _Cyclopedia_, I. 577; Channing and Hart, _Guide_, ---- 142, 149-153.

HISTORICAL MAPS.--Nos. 1, 3, this volume ( _Epoch Maps_, Nos. 6, 7); Labberton, _Atlas_, lxvi.; Rhode, _Atlas_, No. xxviii.; Johnston, _History of the United States for Schools_, 133; Gordon _American Revolution_, I.

frontispiece; B. A. Hinsdale, _Old Northwest_, I. 188, 201 (reprinted from MacCoun's _Historical Geography_), also I. frontispiece, and II. 393; Justin Winsor, _Narrative and Critical History_, VII. 140; school histories of Channing, Johnston, Scudder Thomas.

GENERAL ACCOUNTS.--Joseph Story, _Commentaries_, ---- 218-271; R. Hildreth, _United States_, III, 374-481; T. Pitkin, II. 9-36, 154-218; H. Von Hoist, _United States_, I. 1-46; Geo. Tucker, _United States_, I. 291-347; Justin Winsor, _Narrative and Critical History_, VII. ch. iii.; J. T. Morse, _Franklin_, 216-420; Abiel Holmes, _Annals of America_, II. 353-371; J.

Schouler, _United States_, I. 1-30; Bryant and Gay, _Popular History_, IV.

79-99; F. A. Walker _Making of a Nation_, ch. 1; Edward Channing, _United States 1761-1865_. ch. iv.