The History of the United States Part 10

5. Why is the Declaration of Independence an "immortal" doc.u.ment?

6. What was the effect of the Revolution on colonial governments? On national union?

7. Describe the contest between "Patriots" and "Tories."

8. What topics are considered under "military affairs"? Discuss each in detail.

9. Contrast the American forces with the British forces and show how the war was won.

10. Compare the work of women in the Revolutionary War with their labors in the World War (1917-18).

11. How was the Revolution financed?

12. Why is diplomacy important in war? Describe the diplomatic triumph of the Revolution.

13. What was the nature of the opposition in England to the war?

14. Give the events connected with the peace settlement; the terms of peace.

Research Topics

The Spirit of America.-Woodrow Wilson, History of the American People, Vol. II, pp. 98-126.

American Rights.-Draw up a table showing all the principles laid down by American leaders in (1) the Resolves of the First Continental Congress, Macdonald, Doc.u.mentary Source Book, pp. 162-166; (2) the Declaration of the Causes and the Necessity of Taking Up Arms, Macdonald, pp. 176-183; and (3) the Declaration of Independence.

The Declaration of Independence.-Fiske, The American Revolution, Vol. I, pp. 147-197. Elson, History of the United States, pp. 250-254.

Diplomacy and the French Alliance.-Hart, American History Told by Contemporaries, Vol. II, pp. 574-590. Fiske, Vol. II, pp. 1-24. Callender, Economic History of the United States, pp. 159-168; Elson, pp. 275-280.

Biographical Studies.-Washington, Franklin, Samuel Adams, Patrick Henry, Thomas Jefferson-emphasizing the peculiar services of each.

The Tories.-Hart, Contemporaries, Vol. II, pp. 470-480.

Valley Forge.-Fiske, Vol. II, pp. 25-49.

The Battles of the Revolution.-Elson, pp. 235-317.

An English View of the Revolution.-Green, Short History of England, Chap. X, Sect. 2.

English Opinion and the Revolution.-Trevelyan, The American Revolution, Vol. III (or Part 2, Vol. II), Chaps. XXIV-XXVII.

PART III. THE UNION AND NATIONAL POLITICS

CHAPTER VII

THE FORMATION OF THE CONSt.i.tUTION

The Promise and the Difficulties of America

The rise of a young republic composed of thirteen states, each governed by officials popularly elected under const.i.tutions drafted by "the plain people," was the most significant feature of the eighteenth century. The majority of the patriots whose labors and sacrifices had made this possible naturally looked upon their work and p.r.o.nounced it good. Those Americans, however, who peered beneath the surface of things, saw that the Declaration of Independence, even if splendidly phrased, and paper const.i.tutions, drawn by finest enthusiasm "uninstructed by experience," could not alone make the republic great and prosperous or even free. All around them they saw chaos in finance and in industry and perils for the immediate future.

The Weakness of the Articles of Confederation.-The government under the Articles of Confederation had neither the strength nor the resources necessary to cope with the problems of reconstruction left by the war. The sole organ of government was a Congress composed of from two to seven members from each state chosen as the legislature might direct and paid by the state. In determining all questions, each state had one vote-Delaware thus enjoying the same weight as Virginia. There was no president to enforce the laws. Congress was given power to select a committee of thirteen-one from each state-to act as an executive body when it was not in session; but this device, on being tried out, proved a failure. There was no system of national courts to which citizens and states could appeal for the protection of their rights or through which they could compel obedience to law. The two great powers of government, military and financial, were withheld. Congress, it is true, could authorize expenditures but had to rely upon the states for the payment of contributions to meet its bills. It could also order the establishment of an army, but it could only request the states to supply their respective quotas of soldiers. It could not lay taxes nor bring any pressure to bear upon a single citizen in the whole country. It could act only through the medium of the state governments.

Financial and Commercial Disorders.-In the field of public finance, the disorders were p.r.o.nounced. The huge debt incurred during the war was still outstanding. Congress was unable to pay either the interest or the princ.i.p.al. Public creditors were in despair, as the market value of their bonds sank to twenty-five or even ten cents on the dollar. The current bills of Congress were unpaid. As some one complained, there was not enough money in the treasury to buy pen and ink with which to record the transactions of the shadow legislature. The currency was in utter chaos. Millions of dollars in notes issued by Congress had become mere trash worth a cent or two on the dollar. There was no other expression of contempt so forceful as the popular saying: "not worth a Continental." To make matters worse, several of the states were pouring new streams of paper money from the press. Almost the only good money in circulation consisted of English, French, and Spanish coins, and the public was even defrauded by them because money changers were busy clipping and filing away the metal. Foreign commerce was unsettled. The entire British system of trade discrimination was turned against the Americans, and Congress, having no power to regulate foreign commerce, was unable to retaliate or to negotiate treaties which it could enforce. Domestic commerce was impeded by the jealousies of the states, which erected tariff barriers against their neighbors. The condition of the currency made the exchange of money and goods extremely difficult, and, as if to increase the confusion, backward states enacted laws hindering the prompt collection of debts within their borders-an evil which nothing but a national system of courts could cure.

Congress in Disrepute.-With treaties set at naught by the states, the laws unenforced, the treasury empty, and the public credit gone, the Congress of the United States fell into utter disrepute. It called upon the states to pay their quotas of money into the treasury, only to be treated with contempt. Even its own members looked upon it as a solemn futility. Some of the ablest men refused to accept election to it, and many who did take the doubtful honor failed to attend the sessions. Again and again it was impossible to secure a quorum for the transaction of business.

Troubles of the State Governments.-The state governments, free to pursue their own course with no interference from without, had almost as many difficulties as the Congress. They too were loaded with revolutionary debts calling for heavy taxes upon an already restive population. Oppressed by their financial burdens and discouraged by the fall in prices which followed the return of peace, the farmers of several states joined in a concerted effort and compelled their legislatures to issue large sums of paper money. The currency fell in value, but nevertheless it was forced on unwilling creditors to square old accounts.

In every part of the country legislative action fluctuated violently. Laws were made one year only to be repealed the next and reenacted the third year. Lands were sold by one legislature and the sales were canceled by its successor. Uncertainty and distrust were the natural consequences. Men of substance longed for some power that would forbid states to issue bills of credit, to make paper money legal tender in payment of debts, or to impair the obligation of contracts. Men heavily in debt, on the other hand, urged even more drastic action against creditors.

So great did the discontent of the farmers in New Hampshire become in 1786 that a mob surrounded the legislature, demanding a repeal of the taxes and the issuance of paper money. It was with difficulty that an armed rebellion was avoided. In Ma.s.sachusetts the malcontents, under the leadership of Daniel Shays, a captain in the Revolutionary army, organized that same year open resistance to the government of the state. Shays and his followers protested against the conduct of creditors in foreclosing mortgages upon the debt-burdened farmers, against the lawyers for increasing the costs of legal proceedings, against the senate of the state the members of which were apportioned among the towns on the basis of the amount of taxes paid, against heavy taxes, and against the refusal of the legislature to issue paper money. They seized the towns of Worcester and Springfield and broke up the courts of justice. All through the western part of the state the revolt spread, sending a shock of alarm to every center and section of the young republic. Only by the most vigorous action was Governor Bowdoin able to quell the uprising; and when that task was accomplished, the state government did not dare to execute any of the prisoners because they had so many sympathizers. Moreover, Bowdoin and several members of the legislature who had been most zealous in their attacks on the insurgents were defeated at the ensuing election. The need of national a.s.sistance for state governments in times of domestic violence was everywhere emphasized by men who were opposed to revolutionary acts.

Alarm over Dangers to the Republic.-Leading American citizens, watching the drift of affairs, were slowly driven to the conclusion that the new ship of state so proudly launched a few years before was careening into anarchy. "The facts of our peace and independence," wrote a friend of Washington, "do not at present wear so promising an appearance as I had fondly painted in my mind. The prejudices, jealousies, and turbulence of the people at times almost stagger my confidence in our political establishments; and almost occasion me to think that they will show themselves unworthy of the n.o.ble prize for which we have contended."

Washington himself was profoundly discouraged. On hearing of Shays's rebellion, he exclaimed: "What, gracious G.o.d, is man that there should be such inconsistency and perfidiousness in his conduct! It is but the other day that we were shedding our blood to obtain the const.i.tutions under which we now live-const.i.tutions of our own choice and making-and now we are unsheathing our sword to overturn them." The same year he burst out in a lament over rumors of restoring royal government. "I am told that even respectable characters speak of a monarchical government without horror. From thinking proceeds speaking. Hence to acting is often but a single step. But how irresistible and tremendous! What a triumph for our enemies to verify their predictions! What a triumph for the advocates of despotism to find that we are incapable of governing ourselves!"

Congress Attempts Some Reforms.-The Congress was not indifferent to the events that disturbed Washington. On the contrary it put forth many efforts to check tendencies so dangerous to finance, commerce, industries, and the Confederation itself. In 1781, even before the treaty of peace was signed, the Congress, having found out how futile were its taxing powers, carried a resolution of amendment to the Articles of Confederation, authorizing the levy of a moderate duty on imports. Yet this mild measure was rejected by the states. Two years later the Congress prepared another amendment sanctioning the levy of duties on imports, to be collected this time by state officers and applied to the payment of the public debt. This more limited proposal, designed to save public credit, likewise failed. In 1786, the Congress made a third appeal to the states for help, declaring that they had been so irregular and so negligent in paying their quotas that further reliance upon that mode of raising revenues was dishonorable and dangerous.

The Calling of a Const.i.tutional Convention

Hamilton and Washington Urge Reform.-The attempts at reform by the Congress were accompanied by demand for, both within and without that body, a convention to frame a new plan of government. In 1780, the youthful Alexander Hamilton, realizing the weakness of the Articles, so widely discussed, proposed a general convention for the purpose of drafting a new const.i.tution on entirely different principles. With tireless energy he strove to bring his countrymen to his view. Washington, agreeing with him on every point, declared, in a circular letter to the governors, that the duration of the union would be short unless there was lodged somewhere a supreme power "to regulate and govern the general concerns of the confederated republic." The governor of Ma.s.sachusetts, disturbed by the growth of discontent all about him, suggested to the state legislature in 1785 the advisability of a national convention to enlarge the powers of the Congress. The legislature approved the plan, but did not press it to a conclusion.

Alexander Hamilton The Annapolis Convention.-Action finally came from the South. The Virginia legislature, taking things into its own hands, called a conference of delegates at Annapolis to consider matters of taxation and commerce. When the convention a.s.sembled in 1786, it was found that only five states had taken the trouble to send representatives. The leaders were deeply discouraged, but the resourceful Hamilton, a delegate from New York, turned the affair to good account. He secured the adoption of a resolution, calling upon the Congress itself to summon another convention, to meet at Philadelphia.

A National Convention Called (1787).-The Congress, as tardy as ever, at last decided in February, 1787, to issue the call. Fearing drastic changes, however, it restricted the convention to "the sole and express purpose of revising the Articles of Confederation." Jealous of its own powers, it added that any alterations proposed should be referred to the Congress and the states for their approval.

Every state in the union, except Rhode Island, responded to this call. Indeed some of the states, having the Annapolis resolution before them, had already antic.i.p.ated the Congress by selecting delegates before the formal summons came. Thus, by the persistence of governors, legislatures, and private citizens, there was brought about the long-desired national convention. In May, 1787, it a.s.sembled in Philadelphia.

The Eminent Men of the Convention.-On the roll of that memorable convention were fifty-five men, at least half of whom were acknowledged to be among the foremost statesmen and thinkers in America. Every field of statecraft was represented by them: war and practical management in Washington, who was chosen president of the convention; diplomacy in Franklin, now old and full of honor in his own land as well as abroad; finance in Alexander Hamilton and Robert Morris; law in James Wilson of Pennsylvania; the philosophy of government in James Madison, called the "father of the Const.i.tution." They were not theorists but practical men, rich in political experience and endowed with deep insight into the springs of human action. Three of them had served in the Stamp Act Congress: d.i.c.kinson of Delaware, William Samuel Johnson of Connecticut, and John Rutledge of South Carolina. Eight had been signers of the Declaration of Independence: Read of Delaware, Sherman of Connecticut, Wythe of Virginia, Gerry of Ma.s.sachusetts, Franklin, Robert Morris, George Clymer, and James Wilson of Pennsylvania. All but twelve had at some time served in the Continental Congress and eighteen were members of that body in the spring of 1787. Washington, Hamilton, Mifflin, and Charles Pinckney had been officers in the Revolutionary army. Seven of the delegates had gained political experience as governors of states. "The convention as a whole," according to the historian Hildreth, "represented in a marked manner the talent, intelligence, and especially the conservative sentiment of the country."

The Framing of the Const.i.tution

Problems Involved.-The great problems before the convention were nine in number: (1) Shall the Articles of Confederation be revised or a new system of government constructed? (2) Shall the government be founded on states equal in power as under the Articles or on the broader and deeper foundation of population? (3) What direct share shall the people have in the election of national officers? (4) What shall be the qualifications for the suffrage? (5) How shall the conflicting interests of the commercial and the planting states be balanced so as to safeguard the essential rights of each? (6) What shall be the form of the new government? (7) What powers shall be conferred on it? (8) How shall the state legislatures be restrained from their attacks on property rights such as the issuance of paper money? (9) Shall the approval of all the states be necessary, as under the Articles, for the adoption and amendment of the Const.i.tution?

Revision of the Articles or a New Government?-The moment the first problem was raised, representatives of the small states, led by William Paterson of New Jersey, were on their feet. They feared that, if the Articles were overthrown, the equality and rights of the states would be put in jeopardy. Their protest was therefore vigorous. They cited the call issued by the Congress in summoning the convention which specifically stated that they were a.s.sembled for "the sole and express purpose of revising the Articles of Confederation." They cited also their instructions from their state legislatures, which authorized them to "revise and amend" the existing scheme of government, not to make a revolution in it. To depart from the authorization laid down by the Congress and the legislatures would be to exceed their powers, they argued, and to betray the trust reposed in them by their countrymen.

To their contentions, Randolph of Virginia replied: "When the salvation of the republic is at stake, it would be treason to our trust not to propose what we find necessary." Hamilton, reminding the delegates that their work was still subject to the approval of the states, frankly said that on the point of their powers he had no scruples. With the issue clear, the convention cast aside the Articles as if they did not exist and proceeded to the work of drawing up a new const.i.tution, "laying its foundations on such principles and organizing its powers in such form" as to the delegates seemed "most likely to affect their safety and happiness."

A Government Founded on States or on People?-The Compromise.-Defeated in their attempt to limit the convention to a mere revision of the Articles, the spokesmen of the smaller states redoubled their efforts to preserve the equality of the states. The signal for a radical departure from the Articles on this point was given early in the sessions when Randolph presented "the Virginia plan." He proposed that the new national legislature consist of two houses, the members of which were to be apportioned among the states according to their wealth or free white population, as the convention might decide. This plan was vehemently challenged. Paterson of New Jersey flatly avowed that neither he nor his state would ever bow to such tyranny. As an alternative, he presented "the New Jersey plan" calling for a national legislature of one house representing states as such, not wealth or people-a legislature in which all states, large or small, would have equal voice. Wilson of Pennsylvania, on behalf of the more populous states, took up the gauntlet which Paterson had thrown down. It was absurd, he urged, for 180,000 men in one state to have the same weight in national counsels as 750,000 men in another state. "The gentleman from New Jersey," he said, "is candid. He declares his opinion boldly.... I will be equally candid.... I will never confederate on his principles." So the bitter controversy ran on through many exciting sessions.

Greek had met Greek. The convention was hopelessly deadlocked and on the verge of dissolution, "scarce held together by the strength of a hair," as one of the delegates remarked. A crash was averted only by a compromise. Instead of a Congress of one house as provided by the Articles, the convention agreed upon a legislature of two houses. In the Senate, the aspirations of the small states were to be satisfied, for each state was given two members in that body. In the formation of the House of Representatives, the larger states were placated, for it was agreed that the members of that chamber were to be apportioned among the states on the basis of population, counting three-fifths of the slaves.

The Question of Popular Election.-The method of selecting federal officers and members of Congress also produced an acrimonious debate which revealed how deep-seated was the distrust of the capacity of the people to govern themselves. Few there were who believed that no branch of the government should be elected directly by the voters; still fewer were there, however, who desired to see all branches so chosen. One or two even expressed a desire for a monarchy. The dangers of democracy were stressed by Gerry of Ma.s.sachusetts: "All the evils we experience flow from an excess of democracy. The people do not want virtue but are the dupes of pretended patriots.... I have been too republican heretofore but have been taught by experience the danger of a leveling spirit." To the "democratic licentiousness of the state legislatures," Randolph sought to oppose a "firm senate." To check the excesses of popular government Charles Pinckney of South Carolina declared that no one should be elected President who was not worth $100,000 and that high property qualifications should be placed on members of Congress and judges. Other members of the convention were stoutly opposed to such "high-toned notions of government." Franklin and Wilson, both from Pennsylvania, vigorously championed popular election; while men like Madison insisted that at least one part of the government should rest on the broad foundation of the people.

Out of this clash of opinion also came compromise. One branch, the House of Representatives, it was agreed, was to be elected directly by the voters, while the Senators were to be elected indirectly by the state legislatures. The President was to be chosen by electors selected as the legislatures of the states might determine, and the judges of the federal courts, supreme and inferior, by the President and the Senate.

The Question of the Suffrage.-The battle over the suffrage was sharp but brief. Gouverneur Morris proposed that only land owners should be permitted to vote. Madison replied that the state legislatures, which had made so much trouble with radical laws, were elected by freeholders. After the debate, the delegates, unable to agree on any property limitations on the suffrage, decided that the House of Representatives should be elected by voters having the "qualifications requisite for electors of the most numerous branch of the state legislature." Thus they accepted the suffrage provisions of the states.