Effects of French Aid.—The French alliance brought ships of war, large sums of gold and silver, loads of supplies, and a considerable body of trained soldiers to the aid of the Americans. Timely as was this help, it meant no sudden change in the fortunes of war. The British evacuated Philadelphia in the summer following the alliance, and Washington's troops were encouraged to come out of Valley Forge. They inflicted a heavy blow on the British at Monmouth, but the treasonable conduct of General Charles Lee prevented a triumph. The recovery of Philadelphia was offset by the treason of Benedict Arnold, the loss of Savannah and Charleston (1780), and the defeat of Gates at Camden.

The full effect of the French alliance was not felt until 1781, when Cornwallis went into Virginia and settled at Yorktown. Accompanied by French troops Washington swept rapidly southward and penned the British to the shore while a powerful French fleet shut off their escape by sea. It was this movement, which certainly could not have been executed without French aid, that put an end to all chance of restoring British dominion in America. It was the surrender of Cornwallis at Yorktown that caused Lord North to pace the floor and cry out: "It is all over! It is all over!" What might have been done without the French alliance lies hidden from mankind. What was accomplished with the help of French soldiers, sailors, officers, money, and supplies, is known to all the earth. "All the world agree," exultantly wrote Franklin from Paris to General Washington, "that no expedition was ever better planned or better executed. It brightens the glory that must accompany your name to the latest posterity." Diplomacy as well as martial valor had its reward.

PEACE AT LAST

British Opposition to the War.—In measuring the forces that led to the final discomfiture of King George and Lord North, it is necessary to remember that from the beginning to the end the British ministry at home faced a powerful, informed, and relentless opposition. There were vigorous protests, first against the obnoxious acts which precipitated the unhappy quarrel, then against the way in which the war was waged, and finally against the futile struggle to retain a hold upon the American dominions. Among the members of Parliament who thundered against the government were the first statesmen and orators of the land. William Pitt, Earl of Chatham, though he deplored the idea of American independence, denounced the government as the aggressor and rejoiced in American resistance. Edmund Burke leveled his heavy batteries against every measure of coercion and at last strove for a peace which, while giving independence to America, would work for reconciliation rather than estrangement. Charles James Fox gave the colonies his generous sympathy and warmly championed their rights. Outside of the circle of statesmen there were stout friends of the American cause like David Hume, the philosopher and historian, and Catherine Macaulay, an author of wide fame and a republican bold enough to encourage Washington in seeing it through.

Against this powerful opposition, the government enlisted a whole army of scribes and journalists to pour out criticism on the Americans and their friends. Dr. Samuel Johnson, whom it employed in this business, was so savage that even the ministers had to tone down his pamphlets before printing them. Far more weighty was Edward Gibbon, who was in time to win fame as the historian of the Decline and Fall of the Roman Empire. He had at first opposed the government; but, on being given a lucrative post, he used his sharp pen in its support, causing his friends to ridicule him in these lines:

"King George, in a fright Lest Gibbon should write The story of England's disgrace, Thought no way so sure His pen to secure As to give the historian a place."

Lord North Yields.—As time wore on, events bore heavily on the side of the opponents of the government's measures. They had predicted that conquest was impossible, and they had urged the advantages of a peace which would in some measure restore the affections of the Americans. Every day's news confirmed their predictions and lent support to their arguments. Moreover, the war, which sprang out of an effort to relieve English burdens, made those burdens heavier than ever. Military expenses were daily increasing. Trade with the colonies, the greatest single outlet for British goods and capital, was paralyzed. The heavy debts due British merchants in America were not only unpaid but postponed into an indefinite future. Ireland was on the verge of revolution. The French had a dangerous fleet on the high seas. In vain did the king assert in December, 1781, that no difficulties would ever make him consent to a peace that meant American independence. Parliament knew better, and on February 27, 1782, in the House of Commons was carried an address to the throne against continuing the war. Burke, Fox, the younger Pitt, Barre, and other friends of the colonies voted in the affirmative. Lord North gave notice then that his ministry was at an end. The king moaned: "Necessity made me yield."

In April, 1782, Franklin received word from the English government that it was prepared to enter into negotiations leading to a settlement. This was embarrassing. In the treaty of alliance with France, the United States had promised that peace should be a joint affair agreed to by both nations in open conference. Finding France, however, opposed to some of their claims respecting boundaries and fisheries, the American commissioners conferred with the British agents at Paris without consulting the French minister. They actually signed a preliminary peace draft before they informed him of their operations. When Vergennes reproached him, Franklin replied that they "had been guilty of neglecting bienseance [good manners] but hoped that the great work would not be ruined by a single indiscretion."

The Terms of Peace (1783).—The general settlement at Paris in 1783 was a triumph for America. England recognized the independence of the United States, naming each state specifically, and agreed to boundaries extending from the Atlantic to the Mississippi and from the Great Lakes to the Floridas. England held Canada, Newfoundland, and the West Indies intact, made gains in India, and maintained her supremacy on the seas. Spain won Florida and Minorca but not the coveted Gibraltar. France gained nothing important save the satisfaction of seeing England humbled and the colonies independent.

The generous terms secured by the American commission at Paris called forth surprise and gratitude in the United States and smoothed the way for a renewal of commercial relations with the mother country. At the same time they gave genuine anxiety to European diplomats. "This federal republic is born a pigmy," wrote the Spanish ambassador to his royal master. "A day will come when it will be a giant; even a colossus formidable to these countries. Liberty of conscience and the facility for establishing a new population on immense lands, as well as the advantages of the new government, will draw thither farmers and artisans from all the nations. In a few years we shall watch with grief the tyrannical existence of the same colossus."



SUMMARY OF THE REVOLUTIONARY PERIOD

The independence of the American colonies was foreseen by many European statesmen as they watched the growth of their population, wealth, and power; but no one could fix the hour of the great event. Until 1763 the American colonists lived fairly happily under British dominion. There were collisions from time to time, of course. Royal governors clashed with stiff-necked colonial legislatures. There were protests against the exercise of the king's veto power in specific cases. Nevertheless, on the whole, the relations between America and the mother country were more amicable in 1763 than at any period under the Stuart regime which closed in 1688.

The crash, when it came, was not deliberately willed by any one. It was the product of a number of forces that happened to converge about 1763. Three years before, there had come to the throne George III, a young, proud, inexperienced, and stubborn king. For nearly fifty years his predecessors, Germans as they were in language and interest, had allowed things to drift in England and America. George III decided that he would be king in fact as well as in name. About the same time England brought to a close the long and costly French and Indian War and was staggering under a heavy burden of debt and taxes. The war had been fought partly in defense of the American colonies and nothing seemed more reasonable to English statesmen than the idea that the colonies should bear part of the cost of their own defense. At this juncture there came into prominence, in royal councils, two men bent on taxing America and controlling her trade, Grenville and Townshend. The king was willing, the English taxpayers were thankful for any promise of relief, and statesmen were found to undertake the experiment. England therefore set out upon a new course. She imposed taxes upon the colonists, regulated their trade and set royal officers upon them to enforce the law. This action evoked protests from the colonists. They held a Stamp Act Congress to declare their rights and petition for a redress of grievances. Some of the more restless spirits rioted in the streets, sacked the houses of the king's officers, and tore up the stamped paper.

Frightened by uprising, the English government drew back and repealed the Stamp Act. Then it veered again and renewed its policy of interference. Interference again called forth American protests. Protests aroused sharper retaliation. More British regulars were sent over to keep order. More irritating laws were passed by Parliament. Rioting again appeared: tea was dumped in the harbor of Boston and seized in the harbor of Charleston. The British answer was more force. The response of the colonists was a Continental Congress for defense. An unexpected and unintended clash of arms at Lexington and Concord in the spring of 1775 brought forth from the king of England a proclamation: "The Americans are rebels!"

The die was cast. The American Revolution had begun. Washington was made commander-in-chief. Armies were raised, money was borrowed, a huge volume of paper currency was issued, and foreign aid was summoned. Franklin plied his diplomatic arts at Paris until in 1778 he induced France to throw her sword into the balance. Three years later, Cornwallis surrendered at Yorktown. In 1783, by the formal treaty of peace, George III acknowledged the independence of the United States. The new nation, endowed with an imperial domain stretching from the Atlantic Ocean to the Mississippi River, began its career among the sovereign powers of the earth.

In the sphere of civil government, the results of the Revolution were equally remarkable. Royal officers and royal authorities were driven from the former dominions. All power was declared to be in the people. All the colonies became states, each with its own constitution or plan of government. The thirteen states were united in common bonds under the Articles of Confederation. A republic on a large scale was instituted. Thus there was begun an adventure in popular government such as the world had never seen. Could it succeed or was it destined to break down and be supplanted by a monarchy? The fate of whole continents hung upon the answer.

References

J. Fiske, The American Revolution (2 vols.).

H. Lodge, Life of Washington (2 vols.).

W. Sumner, The Financier and the Finances of the American Revolution.

O. Trevelyan, The American Revolution (4 vols.). A sympathetic account by an English historian.

M.C. Tyler, Literary History of the American Revolution (2 vols.).

C.H. Van Tyne, The American Revolution (American Nation Series) and The Loyalists in the American Revolution.

Questions

1. What was the non-importation agreement? By what body was it adopted? Why was it revolutionary in character?

2. Contrast the work of the first and second Continental Congresses.

3. Why did efforts at conciliation fail?

4. Trace the growth of American independence from opinion to the sphere of action.

5. Why is the Declaration of Independence an "immortal" document?

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, Documentary 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 CONSTITUTION

THE PROMISE AND THE DIFFICULTIES OF AMERICA

The rise of a young republic composed of thirteen states, each governed by officials popularly elected under constitutions 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 pronounced it good. Those Americans, however, who peered beneath the surface of things, saw that the Declaration of Independence, even if splendidly phrased, and paper constitutions, 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 pronounced. The huge debt incurred during the war was still outstanding. Congress was unable to pay either the interest or the principal. 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 Massachusetts 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 assistance 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 noble prize for which we have contended."

Washington himself was profoundly discouraged. On hearing of Shays's rebellion, he exclaimed: "What, gracious God, 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 constitutions under which we now live—constitutions 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 CONSTITUTIONAL 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 constitution 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 Massachusetts, 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.



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 assembled 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 anticipated 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 assembled 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 Constitution." 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: Dickinson 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 Massachusetts, 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 CONSTITUTION

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 Constitution?

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 assembled 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 constitution, "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 Massachusetts: "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.

The Balance between the Planting and the Commercial States.—After the debates had gone on for a few weeks, Madison came to the conclusion that the real division in the convention was not between the large and the small states but between the planting section founded on slave labor and the commercial North. Thus he anticipated by nearly three-quarters of a century "the irrepressible conflict." The planting states had neither the free white population nor the wealth of the North. There were, counting Delaware, six of them as against seven commercial states. Dependent for their prosperity mainly upon the sale of tobacco, rice, and other staples abroad, they feared that Congress might impose restraints upon their enterprise. Being weaker in numbers, they were afraid that the majority might lay an unfair burden of taxes upon them.

Representation and Taxation.—The Southern members of the convention were therefore very anxious to secure for their section the largest possible representation in Congress, and at the same time to restrain the taxing power of that body. Two devices were thought adapted to these ends. One was to count the slaves as people when apportioning representatives among the states according to their respective populations; the other was to provide that direct taxes should be apportioned among the states, in proportion not to their wealth but to the number of their free white inhabitants. For obvious reasons the Northern delegates objected to these proposals. Once more a compromise proved to be the solution. It was agreed that not all the slaves but three-fifths of them should be counted for both purposes—representation and direct taxation.

Commerce and the Slave Trade.—Southern interests were also involved in the project to confer upon Congress the power to regulate interstate and foreign commerce. To the manufacturing and trading states this was essential. It would prevent interstate tariffs and trade jealousies; it would enable Congress to protect American manufactures and to break down, by appropriate retaliations, foreign discriminations against American commerce. To the South the proposal was menacing because tariffs might interfere with the free exchange of the produce of plantations in European markets, and navigation acts might confine the carrying trade to American, that is Northern, ships. The importation of slaves, moreover, it was feared might be heavily taxed or immediately prohibited altogether.

The result of this and related controversies was a debate on the merits of slavery. Gouverneur Morris delivered his mind and heart on that subject, denouncing slavery as a nefarious institution and the curse of heaven on the states in which it prevailed. Mason of Virginia, a slaveholder himself, was hardly less outspoken, saying: "Slavery discourages arts and manufactures. The poor despise labor when performed by slaves. They prevent the migration of whites who really strengthen and enrich a country."

The system, however, had its defenders. Representatives from South Carolina argued that their entire economic life rested on slave labor and that the high death rate in the rice swamps made continuous importation necessary. Ellsworth of Connecticut took the ground that the convention should not meddle with slavery. "The morality or wisdom of slavery," he said, "are considerations belonging to the states. What enriches a part enriches the whole." To the future he turned an untroubled face: "As population increases, poor laborers will be so plenty as to render slaves useless. Slavery in time will not be a speck in our country." Virginia and North Carolina, already overstocked with slaves, favored prohibiting the traffic in them; but South Carolina was adamant. She must have fresh supplies of slaves or she would not federate.

So it was agreed that, while Congress might regulate foreign trade by majority vote, the importation of slaves should not be forbidden before the lapse of twenty years, and that any import tax should not exceed $10 a head. At the same time, in connection with the regulation of foreign trade, it was stipulated that a two-thirds vote in the Senate should be necessary in the ratification of treaties. A further concession to the South was made in the provision for the return of runaway slaves—a provision also useful in the North, where indentured servants were about as troublesome as slaves in escaping from their masters.

The Form of the Government.—As to the details of the frame of government and the grand principles involved, the opinion of the convention ebbed and flowed, decisions being taken in the heat of debate, only to be revoked and taken again.

The Executive.—There was general agreement that there should be an executive branch; for reliance upon Congress to enforce its own laws and treaties had been a broken reed. On the character and functions of the executive, however, there were many views. The New Jersey plan called for a council selected by the Congress; the Virginia plan provided that the executive branch should be chosen by the Congress but did not state whether it should be composed of one or several persons. On this matter the convention voted first one way and then another; finally it agreed on a single executive chosen indirectly by electors selected as the state legislatures might decide, serving for four years, subject to impeachment, and endowed with regal powers in the command of the army and the navy and in the enforcement of the laws.

The Legislative Branch—Congress.—After the convention had made the great compromise between the large and small commonwealths by giving representation to states in the Senate and to population in the House, the question of methods of election had to be decided. As to the House of Representatives it was readily agreed that the members should be elected by direct popular vote. There was also easy agreement on the proposition that a strong Senate was needed to check the "turbulence" of the lower house. Four devices were finally selected to accomplish this purpose. In the first place, the Senators were not to be chosen directly by the voters but by the legislatures of the states, thus removing their election one degree from the populace. In the second place, their term was fixed at six years instead of two, as in the case of the House. In the third place, provision was made for continuity by having only one-third of the members go out at a time while two-thirds remained in service. Finally, it was provided that Senators must be at least thirty years old while Representatives need be only twenty-five.

The Judiciary.—The need for federal courts to carry out the law was hardly open to debate. The feebleness of the Articles of Confederation was, in a large measure, attributed to the want of a judiciary to hold states and individuals in obedience to the laws and treaties of the union. Nevertheless on this point the advocates of states' rights were extremely sensitive. They looked with distrust upon judges appointed at the national capital and emancipated from local interests and traditions; they remembered with what insistence they had claimed against Britain the right of local trial by jury and with what consternation they had viewed the proposal to make colonial judges independent of the assemblies in the matter of their salaries. Reluctantly they yielded to the demand for federal courts, consenting at first only to a supreme court to review cases heard in lower state courts and finally to such additional inferior courts as Congress might deem necessary.

The System of Checks and Balances.—It is thus apparent that the framers of the Constitution, in shaping the form of government, arranged for a distribution of power among three branches, executive, legislative, and judicial. Strictly speaking we might say four branches, for the legislature, or Congress, was composed of two houses, elected in different ways, and one of them, the Senate, was made a check on the President through its power of ratifying treaties and appointments. "The accumulation of all powers, legislative, executive, and judicial, in the same hands," wrote Madison, "whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny." The devices which the convention adopted to prevent such a centralization of authority were exceedingly ingenious and well calculated to accomplish the purposes of the authors.

The legislature consisted of two houses, the members of which were to be apportioned on a different basis, elected in different ways, and to serve for different terms. A veto on all its acts was vested in a President elected in a manner not employed in the choice of either branch of the legislature, serving for four years, and subject to removal only by the difficult process of impeachment. After a law had run the gantlet of both houses and the executive, it was subject to interpretation and annulment by the judiciary, appointed by the President with the consent of the Senate and serving for life. Thus it was made almost impossible for any political party to get possession of all branches of the government at a single popular election. As Hamilton remarked, the friends of good government considered "every institution calculated to restrain the excess of law making and to keep things in the same state in which they happen to be at any given period as more likely to do good than harm."

The Powers of the Federal Government.—On the question of the powers to be conferred upon the new government there was less occasion for a serious dispute. Even the delegates from the small states agreed with those from Massachusetts, Pennsylvania, and Virginia that new powers should be added to those intrusted to Congress by the Articles of Confederation. The New Jersey plan as well as the Virginia plan recognized this fact. Some of the delegates, like Hamilton and Madison, even proposed to give Congress a general legislative authority covering all national matters; but others, frightened by the specter of nationalism, insisted on specifying each power to be conferred and finally carried the day.

Taxation and Commerce.—There were none bold enough to dissent from the proposition that revenue must be provided to pay current expenses and discharge the public debt. When once the dispute over the apportionment of direct taxes among the slave states was settled, it was an easy matter to decide that Congress should have power to lay and collect taxes, duties, imposts, and excises. In this way the national government was freed from dependence upon stubborn and tardy legislatures and enabled to collect funds directly from citizens. There were likewise none bold enough to contend that the anarchy of state tariffs and trade discriminations should be longer endured. When the fears of the planting states were allayed and the "bargain" over the importation of slaves was reached, the convention vested in Congress the power to regulate foreign and interstate commerce.

National Defense.—The necessity for national defense was realized, though the fear of huge military establishments was equally present. The old practice of relying on quotas furnished by the state legislatures was completely discredited. As in the case of taxes a direct authority over citizens was demanded. Congress was therefore given full power to raise and support armies and a navy. It could employ the state militia when desirable; but it could at the same time maintain a regular army and call directly upon all able-bodied males if the nature of a crisis was thought to require it.

The "Necessary and Proper" Clause.—To the specified power vested in Congress by the Constitution, the advocates of a strong national government added a general clause authorizing it to make all laws "necessary and proper" for carrying into effect any and all of the enumerated powers. This clause, interpreted by that master mind, Chief Justice Marshall, was later construed to confer powers as wide as the requirements of a vast country spanning a continent and taking its place among the mighty nations of the earth.

Restraints on the States.—Framing a government and endowing it with large powers were by no means the sole concern of the convention. Its very existence had been due quite as much to the conduct of the state legislatures as to the futilities of a paralyzed Continental Congress. In every state, explains Marshall in his Life of Washington, there was a party of men who had "marked out for themselves a more indulgent course. Viewing with extreme tenderness the case of the debtor, their efforts were unceasingly directed to his relief. To exact a faithful compliance with contracts was, in their opinion, a harsh measure which the people could not bear. They were uniformly in favor of relaxing the administration of justice, of affording facilities for the payment of debts, or of suspending their collection, and remitting taxes."

The legislatures under the dominance of these men had enacted paper money laws enabling debtors to discharge their obligations more easily. The convention put an end to such practices by providing that no state should emit bills of credit or make anything but gold or silver legal tender in the payment of debts. The state legislatures had enacted laws allowing men to pay their debts by turning over to creditors land or personal property; they had repealed the charter of an endowed college and taken the management from the hands of the lawful trustees; and they had otherwise interfered with the enforcement of private agreements. The convention, taking notice of such matters, inserted a clause forbidding states "to impair the obligation of contracts." The more venturous of the radicals had in Massachusetts raised the standard of revolt against the authorities of the state. The convention answered by a brief sentence to the effect that the President of the United States, to be equipped with a regular army, would send troops to suppress domestic insurrections whenever called upon by the legislature or, if it was not in session, by the governor of the state. To make sure that the restrictions on the states would not be dead letters, the federal Constitution, laws, and treaties were made the supreme law of the land, to be enforced whenever necessary by a national judiciary and executive against violations on the part of any state authorities.

Provisions for Ratification and Amendment.—When the frame of government had been determined, the powers to be vested in it had been enumerated, and the restrictions upon the states had been written into the bond, there remained three final questions. How shall the Constitution be ratified? What number of states shall be necessary to put it into effect? How shall it be amended in the future?

On the first point, the mandate under which the convention was sitting seemed positive. The Articles of Confederation were still in effect. They provided that amendments could be made only by unanimous adoption in Congress and the approval of all the states. As if to give force to this provision of law, the call for the convention had expressly stated that all alterations and revisions should be reported to Congress for adoption or rejection, Congress itself to transmit the document thereafter to the states for their review.

To have observed the strict letter of the law would have defeated the purposes of the delegates, because Congress and the state legislatures were openly hostile to such drastic changes as had been made. Unanimous ratification, as events proved, would have been impossible. Therefore the delegates decided that the Constitution should be sent to Congress with the recommendation that it, in turn, transmit the document, not to the state legislatures, but to conventions held in the states for the special object of deciding upon ratification. This process was followed. It was their belief that special conventions would be more friendly than the state legislatures.

The convention was equally positive in dealing with the problem of the number of states necessary to establish the new Constitution. Attempts to change the Articles had failed because amendment required the approval of every state and there was always at least one recalcitrant member of the union. The opposition to a new Constitution was undoubtedly formidable. Rhode Island had even refused to take part in framing it, and her hostility was deep and open. So the convention cast aside the provision of the Articles of Confederation which required unanimous approval for any change in the plan of government; it decreed that the new Constitution should go into effect when ratified by nine states.

In providing for future changes in the Constitution itself the convention also thrust aside the old rule of unanimous approval, and decided that an amendment could be made on a two-thirds vote in both houses of Congress and ratification by three-fourths of the states. This change was of profound significance. Every state agreed to be bound in the future by amendments duly adopted even in case it did not approve them itself. America in this way set out upon the high road that led from a league of states to a nation.

THE STRUGGLE OVER RATIFICATION

On September 17, 1787, the Constitution, having been finally drafted in clear and simple language, a model to all makers of fundamental law, was adopted. The convention, after nearly four months of debate in secret session, flung open the doors and presented to the Americans the finished plan for the new government. Then the great debate passed to the people.

The Opposition.—Storms of criticism at once descended upon the Constitution. "Fraudulent usurpation!" exclaimed Gerry, who had refused to sign it. "A monster" out of the "thick veil of secrecy," declaimed a Pennsylvania newspaper. "An iron-handed despotism will be the result," protested a third. "We, 'the low-born,'" sarcastically wrote a fourth, "will now admit the 'six hundred well-born' immediately to establish this most noble, most excellent, and truly divine constitution." The President will become a king; Congress will be as tyrannical as Parliament in the old days; the states will be swallowed up; the rights of the people will be trampled upon; the poor man's justice will be lost in the endless delays of the federal courts—such was the strain of the protests against ratification.



Defense of the Constitution.—Moved by the tempest of opposition, Hamilton, Madison, and Jay took up their pens in defense of the Constitution. In a series of newspaper articles they discussed and expounded with eloquence, learning, and dignity every important clause and provision of the proposed plan. These papers, afterwards collected and published in a volume known as The Federalist, form the finest textbook on the Constitution that has ever been printed. It takes its place, moreover, among the wisest and weightiest treatises on government ever written in any language in any time. Other men, not so gifted, were no less earnest in their support of ratification. In private correspondence, editorials, pamphlets, and letters to the newspapers, they urged their countrymen to forget their partisanship and accept a Constitution which, in spite of any defects great or small, was the only guarantee against dissolution and warfare at home and dishonor and weakness abroad.



The Action of the State Conventions.—Before the end of the year, 1787, three states had ratified the Constitution: Delaware and New Jersey unanimously and Pennsylvania after a short, though savage, contest. Connecticut and Georgia followed early the next year. Then came the battle royal in Massachusetts, ending in ratification in February by the narrow margin of 187 votes to 168. In the spring came the news that Maryland and South Carolina were "under the new roof." On June 21, New Hampshire, where the sentiment was at first strong enough to defeat the Constitution, joined the new republic, influenced by the favorable decision in Massachusetts. Swift couriers were sent to carry the news to New York and Virginia, where the question of ratification was still undecided. Nine states had accepted it and were united, whether more saw fit to join or not.

Meanwhile, however, Virginia, after a long and searching debate, had given her approval by a narrow margin, leaving New York as the next seat of anxiety. In that state the popular vote for the delegates to the convention had been clearly and heavily against ratification. Events finally demonstrated the futility of resistance, and Hamilton by good judgment and masterly arguments was at last able to marshal a majority of thirty to twenty-seven votes in favor of ratification.

The great contest was over. All the states, except North Carolina and Rhode Island, had ratified. "The sloop Anarchy," wrote an ebullient journalist, "when last heard from was ashore on Union rocks."

The First Election.—In the autumn of 1788, elections were held to fill the places in the new government. Public opinion was overwhelmingly in favor of Washington as the first President. Yielding to the importunities of friends, he accepted the post in the spirit of public service. On April 30, 1789, he took the oath of office at Federal Hall in New York City. "Long live George Washington, President of the United States!" cried Chancellor Livingston as soon as the General had kissed the Bible. The cry was caught by the assembled multitude and given back. A new experiment in popular government was launched.

References

M. Farrand, The Framing of the Constitution of the United States.

P.L. Ford, Essays on the Constitution of the United States.

The Federalist (in many editions).

G. Hunt, Life of James Madison.

A.C. McLaughlin, The Confederation and the Constitution (American Nation Series).

Questions

1. Account for the failure of the Articles of Confederation.

2. Explain the domestic difficulties of the individual states.

3. Why did efforts at reform by the Congress come to naught?

4. Narrate the events leading up to the constitutional convention.

5. Who were some of the leading men in the convention? What had been their previous training?

6. State the great problems before the convention.

7. In what respects were the planting and commercial states opposed? What compromises were reached?

8. Show how the "check and balance" system is embodied in our form of government.

9. How did the powers conferred upon the federal government help cure the defects of the Articles of Confederation?

10. In what way did the provisions for ratifying and amending the Constitution depart from the old system?

11. What was the nature of the conflict over ratification?

Research Topics

English Treatment of American Commerce.—Callender, Economic History of the United States, pp. 210-220.

Financial Condition of the United States.—Fiske, Critical Period of American History, pp. 163-186.

Disordered Commerce.—Fiske, pp. 134-162.

Selfish Conduct of the States.—Callender, pp. 185-191.

The Failure of the Confederation.—Elson, History of the United States, pp. 318-326.

Formation of the Constitution.—(1) The plans before the convention, Fiske, pp. 236-249; (2) the great compromise, Fiske, pp. 250-255; (3) slavery and the convention, Fiske, pp. 256-266; and (4) the frame of government, Fiske, pp. 275-301; Elson, pp. 328-334.

Biographical Studies.—Look up the history and services of the leaders in the convention in any good encyclopedia.

Ratification of the Constitution.—Hart, History Told by Contemporaries, Vol. III, pp. 233-254; Elson, pp. 334-340.

Source Study.—Compare the Constitution and Articles of Confederation under the following heads: (1) frame of government; (2) powers of Congress; (3) limits on states; and (4) methods of amendment. Every line of the Constitution should be read and re-read in the light of the historical circumstances set forth in this chapter.



CHAPTER VIII

THE CLASH OF POLITICAL PARTIES

THE MEN AND MEASURES OF THE NEW GOVERNMENT

Friends of the Constitution in Power.—In the first Congress that assembled after the adoption of the Constitution, there were eleven Senators, led by Robert Morris, the financier, who had been delegates to the national convention. Several members of the House of Representatives, headed by James Madison, had also been at Philadelphia in 1787. In making his appointments, Washington strengthened the new system of government still further by a judicious selection of officials. He chose as Secretary of the Treasury, Alexander Hamilton, who had been the most zealous for its success; General Knox, head of the War Department, and Edmund Randolph, the Attorney-General, were likewise conspicuous friends of the experiment. Every member of the federal judiciary whom Washington appointed, from the Chief Justice, John Jay, down to the justices of the district courts, had favored the ratification of the Constitution; and a majority of them had served as members of the national convention that framed the document or of the state ratifying conventions. Only one man of influence in the new government, Thomas Jefferson, the Secretary of State, was reckoned as a doubter in the house of the faithful. He had expressed opinions both for and against the Constitution; but he had been out of the country acting as the minister at Paris when the Constitution was drafted and ratified.

An Opposition to Conciliate.—The inauguration of Washington amid the plaudits of his countrymen did not set at rest all the political turmoil which had been aroused by the angry contest over ratification. "The interesting nature of the question," wrote John Marshall, "the equality of the parties, the animation produced inevitably by ardent debate had a necessary tendency to embitter the dispositions of the vanquished and to fix more deeply in many bosoms their prejudices against a plan of government in opposition to which all their passions were enlisted." The leaders gathered around Washington were well aware of the excited state of the country. They saw Rhode Island and North Carolina still outside of the union.[1] They knew by what small margins the Constitution had been approved in the great states of Massachusetts, Virginia, and New York. They were equally aware that a majority of the state conventions, in yielding reluctant approval to the Constitution, had drawn a number of amendments for immediate submission to the states.

The First Amendments—a Bill of Rights.—To meet the opposition, Madison proposed, and the first Congress adopted, a series of amendments to the Constitution. Ten of them were soon ratified and became in 1791 a part of the law of the land. These amendments provided, among other things, that Congress could make no law respecting the establishment of religion, abridging the freedom of speech or of the press or the right of the people peaceably to assemble and petition the government for a redress of grievances. They also guaranteed indictment by grand jury and trial by jury for all persons charged by federal officers with serious crimes. To reassure those who still feared that local rights might be invaded by the federal government, the tenth amendment expressly provided that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people. Seven years later, the eleventh amendment was written in the same spirit as the first ten, after a heated debate over the action of the Supreme Court in permitting a citizen to bring a suit against "the sovereign state" of Georgia. The new amendment was designed to protect states against the federal judiciary by forbidding it to hear any case in which a state was sued by a citizen.

Funding the National Debt.—Paper declarations of rights, however, paid no bills. To this task Hamilton turned all his splendid genius. At the very outset he addressed himself to the problem of the huge public debt, daily mounting as the unpaid interest accumulated. In a Report on Public Credit under date of January 9, 1790, one of the first and greatest of American state papers, he laid before Congress the outlines of his plan. He proposed that the federal government should call in all the old bonds, certificates of indebtedness, and other promises to pay which had been issued by the Congress since the beginning of the Revolution. These national obligations, he urged, should be put into one consolidated debt resting on the credit of the United States; to the holders of the old paper should be issued new bonds drawing interest at fixed rates. This process was called "funding the debt." Such a provision for the support of public credit, Hamilton insisted, would satisfy creditors, restore landed property to its former value, and furnish new resources to agriculture and commerce in the form of credit and capital.

Assumption and Funding of State Debts.—Hamilton then turned to the obligations incurred by the several states in support of the Revolution. These debts he proposed to add to the national debt. They were to be "assumed" by the United States government and placed on the same secure foundation as the continental debt. This measure he defended not merely on grounds of national honor. It would, as he foresaw, give strength to the new national government by making all public creditors, men of substance in their several communities, look to the federal, rather than the state government, for the satisfaction of their claims.

Funding at Face Value.—On the question of the terms of consolidation, assumption, and funding, Hamilton had a firm conviction. That millions of dollars' worth of the continental and state bonds had passed out of the hands of those who had originally subscribed their funds to the support of the government or had sold supplies for the Revolutionary army was well known. It was also a matter of common knowledge that a very large part of these bonds had been bought by speculators at ruinous figures—ten, twenty, and thirty cents on the dollar. Accordingly, it had been suggested, even in very respectable quarters, that a discrimination should be made between original holders and speculative purchasers. Some who held this opinion urged that the speculators who had paid nominal sums for their bonds should be reimbursed for their outlays and the original holders paid the difference; others said that the government should "scale the debt" by redeeming, not at full value but at a figure reasonably above the market price. Against the proposition Hamilton set his face like flint. He maintained that the government was honestly bound to redeem every bond at its face value, although the difficulty of securing revenue made necessary a lower rate of interest on a part of the bonds and the deferring of interest on another part.

Funding and Assumption Carried.—There was little difficulty in securing the approval of both houses of Congress for the funding of the national debt at full value. The bill for the assumption of state debts, however, brought the sharpest division of opinions. To the Southern members of Congress assumption was a gross violation of states' rights, without any warrant in the Constitution and devised in the interest of Northern speculators who, anticipating assumption and funding, had bought up at low prices the Southern bonds and other promises to pay. New England, on the other hand, was strongly in favor of assumption; several representatives from that section were rash enough to threaten a dissolution of the union if the bill was defeated. To this dispute was added an equally bitter quarrel over the location of the national capital, then temporarily at New York City.



A deadlock, accompanied by the most surly feelings on both sides, threatened the very existence of the young government. Washington and Hamilton were thoroughly alarmed. Hearing of the extremity to which the contest had been carried and acting on the appeal from the Secretary of the Treasury, Jefferson intervened at this point. By skillful management at a good dinner he brought the opposing leaders together; and thus once more, as on many other occasions, peace was purchased and the union saved by compromise. The bargain this time consisted of an exchange of votes for assumption in return for votes for the capital. Enough Southern members voted for assumption to pass the bill, and a majority was mustered in favor of building the capital on the banks of the Potomac, after locating it for a ten-year period at Philadelphia to satisfy Pennsylvania members.

The United States Bank.—Encouraged by the success of his funding and assumption measures, Hamilton laid before Congress a project for a great United States Bank. He proposed that a private corporation be chartered by Congress, authorized to raise a capital stock of $10,000,000 (three-fourths in new six per cent federal bonds and one-fourth in specie) and empowered to issue paper currency under proper safeguards. Many advantages, Hamilton contended, would accrue to the government from this institution. The price of the government bonds would be increased, thus enhancing public credit. A national currency would be created of uniform value from one end of the land to the other. The branches of the bank in various cities would make easy the exchange of funds so vital to commercial transactions on a national scale. Finally, through the issue of bank notes, the money capital available for agriculture and industry would be increased, thus stimulating business enterprise. Jefferson hotly attacked the bank on the ground that Congress had no power whatever under the Constitution to charter such a private corporation. Hamilton defended it with great cogency. Washington, after weighing all opinions, decided in favor of the proposal. In 1791 the bill establishing the first United States Bank for a period of twenty years became a law.

The Protective Tariff.—A third part of Hamilton's program was the protection of American industries. The first revenue act of 1789, though designed primarily to bring money into the empty treasury, declared in favor of the principle. The following year Washington referred to the subject in his address to Congress. Thereupon Hamilton was instructed to prepare recommendations for legislative action. The result, after a delay of more than a year, was his Report on Manufactures, another state paper worthy, in closeness of reasoning and keenness of understanding, of a place beside his report on public credit. Hamilton based his argument on the broadest national grounds: the protective tariff would, by encouraging the building of factories, create a home market for the produce of farms and plantations; by making the United States independent of other countries in times of peace, it would double its security in time of war; by making use of the labor of women and children, it would turn to the production of goods persons otherwise idle or only partly employed; by increasing the trade between the North and South it would strengthen the links of union and add to political ties those of commerce and intercourse. The revenue measure of 1792 bore the impress of these arguments.

THE RISE OF POLITICAL PARTIES

Dissensions over Hamilton's Measures.—Hamilton's plans, touching deeply as they did the resources of individuals and the interests of the states, awakened alarm and opposition. Funding at face value, said his critics, was a government favor to speculators; the assumption of state debts was a deep design to undermine the state governments; Congress had no constitutional power to create a bank; the law creating the bank merely allowed a private corporation to make paper money and lend it at a high rate of interest; and the tariff was a tax on land and labor for the benefit of manufacturers.

Hamilton's reply to this bill of indictment was simple and straightforward. Some rascally speculators had profited from the funding of the debt at face value, but that was only an incident in the restoration of public credit. In view of the jealousies of the states it was a good thing to reduce their powers and pretensions. The Constitution was not to be interpreted narrowly but in the full light of national needs. The bank would enlarge the amount of capital so sorely needed to start up American industries, giving markets to farmers and planters. The tariff by creating a home market and increasing opportunities for employment would benefit both land and labor. Out of such wise policies firmly pursued by the government, he concluded, were bound to come strength and prosperity for the new government at home, credit and power abroad. This view Washington fully indorsed, adding the weight of his great name to the inherent merits of the measures adopted under his administration.

The Sharpness of the Partisan Conflict.—As a result of the clash of opinion, the people of the country gradually divided into two parties: Federalists and Anti-Federalists, the former led by Hamilton, the latter by Jefferson. The strength of the Federalists lay in the cities—Boston, Providence, Hartford, New York, Philadelphia, Charleston—among the manufacturing, financial, and commercial groups of the population who were eager to extend their business operations. The strength of the Anti-Federalists lay mainly among the debt-burdened farmers who feared the growth of what they called "a money power" and planters in all sections who feared the dominance of commercial and manufacturing interests. The farming and planting South, outside of the few towns, finally presented an almost solid front against assumption, the bank, and the tariff. The conflict between the parties grew steadily in bitterness, despite the conciliatory and engaging manner in which Hamilton presented his cause in his state papers and despite the constant efforts of Washington to soften the asperity of the contestants.

The Leadership and Doctrines of Jefferson.—The party dispute had not gone far before the opponents of the administration began to look to Jefferson as their leader. Some of Hamilton's measures he had approved, declaring afterward that he did not at the time understand their significance. Others, particularly the bank, he fiercely assailed. More than once, he and Hamilton, shaking violently with anger, attacked each other at cabinet meetings, and nothing short of the grave and dignified pleas of Washington prevented an early and open break between them. In 1794 it finally came. Jefferson resigned as Secretary of State and retired to his home in Virginia to assume, through correspondence and negotiation, the leadership of the steadily growing party of opposition.

Shy and modest in manner, halting in speech, disliking the turmoil of public debate, and deeply interested in science and philosophy, Jefferson was not very well fitted for the strenuous life of political contest. Nevertheless, he was an ambitious and shrewd negotiator. He was also by honest opinion and matured conviction the exact opposite of Hamilton. The latter believed in a strong, active, "high-toned" government, vigorously compelling in all its branches. Jefferson looked upon such government as dangerous to the liberties of citizens and openly avowed his faith in the desirability of occasional popular uprisings. Hamilton distrusted the people. "Your people is a great beast," he is reported to have said. Jefferson professed his faith in the people with an abandon that was considered reckless in his time.

On economic matters, the opinions of the two leaders were also hopelessly at variance. Hamilton, while cherishing agriculture, desired to see America a great commercial and industrial nation. Jefferson was equally set against this course for his country. He feared the accumulation of riches and the growth of a large urban working class. The mobs of great cities, he said, are sores on the body politic; artisans are usually the dangerous element that make revolutions; workshops should be kept in Europe and with them the artisans with their insidious morals and manners. The only substantial foundation for a republic, Jefferson believed to be agriculture. The spirit of independence could be kept alive only by free farmers, owning the land they tilled and looking to the sun in heaven and the labor of their hands for their sustenance. Trusting as he did in the innate goodness of human nature when nourished on a free soil, Jefferson advocated those measures calculated to favor agriculture and to enlarge the rights of persons rather than the powers of government. Thus he became the champion of the individual against the interference of the government, and an ardent advocate of freedom of the press, freedom of speech, and freedom of scientific inquiry. It was, accordingly, no mere factious spirit that drove him into opposition to Hamilton.

The Whisky Rebellion.—The political agitation of the Anti-Federalists was accompanied by an armed revolt against the government in 1794. The occasion for this uprising was another of Hamilton's measures, a law laying an excise tax on distilled spirits, for the purpose of increasing the revenue needed to pay the interest on the funded debt. It so happened that a very considerable part of the whisky manufactured in the country was made by the farmers, especially on the frontier, in their own stills. The new revenue law meant that federal officers would now come into the homes of the people, measure their liquor, and take the tax out of their pockets. All the bitterness which farmers felt against the fiscal measures of the government was redoubled. In the western districts of Pennsylvania, Virginia, and North Carolina, they refused to pay the tax. In Pennsylvania, some of them sacked and burned the houses of the tax collectors, as the Revolutionists thirty years before had mobbed the agents of King George sent over to sell stamps. They were in a fair way to nullify the law in whole districts when Washington called out the troops to suppress "the Whisky Rebellion." Then the movement collapsed; but it left behind a deep-seated resentment which flared up in the election of several obdurate Anti-Federalist Congressmen from the disaffected regions.

FOREIGN INFLUENCES AND DOMESTIC POLITICS

The French Revolution.—In this exciting period, when all America was distracted by partisan disputes, a storm broke in Europe—the epoch-making French Revolution—which not only shook the thrones of the Old World but stirred to its depths the young republic of the New World. The first scene in this dramatic affair occurred in the spring of 1789, a few days after Washington was inaugurated. The king of France, Louis XVI, driven into bankruptcy by extravagance and costly wars, was forced to resort to his people for financial help. Accordingly he called, for the first time in more than one hundred fifty years, a meeting of the national parliament, the "Estates General," composed of representatives of the "three estates"—the clergy, nobility, and commoners. Acting under powerful leaders, the commoners, or "third estate," swept aside the clergy and nobility and resolved themselves into a national assembly. This stirred the country to its depths.



Great events followed in swift succession. On July 14, 1789, the Bastille, an old royal prison, symbol of the king's absolutism, was stormed by a Paris crowd and destroyed. On the night of August 4, the feudal privileges of the nobility were abolished by the national assembly amid great excitement. A few days later came the famous Declaration of the Rights of Man, proclaiming the sovereignty of the people and the privileges of citizens. In the autumn of 1791, Louis XVI was forced to accept a new constitution for France vesting the legislative power in a popular assembly. Little disorder accompanied these startling changes. To all appearances a peaceful revolution had stripped the French king of his royal prerogatives and based the government of his country on the consent of the governed.

American Influence in France.—In undertaking their great political revolt the French had been encouraged by the outcome of the American Revolution. Officers and soldiers, who had served in the American war, reported to their French countrymen marvelous tales. At the frugal table of General Washington, in council with the unpretentious Franklin, or at conferences over the strategy of war, French noblemen of ancient lineage learned to respect both the talents and the simple character of the leaders in the great republican commonwealth beyond the seas. Travelers, who had gone to see the experiment in republicanism with their own eyes, carried home to the king and ruling class stories of an astounding system of popular government.

On the other hand the dalliance with American democracy was regarded by French conservatives as playing with fire. "When we think of the false ideas of government and philanthropy," wrote one of Lafayette's aides, "which these youths acquired in America and propagated in France with so much enthusiasm and such deplorable success—for this mania of imitation powerfully aided the Revolution, though it was not the sole cause of it—we are bound to confess that it would have been better, both for themselves and for us, if these young philosophers in red-heeled shoes had stayed at home in attendance on the court."

Early American Opinion of the French Revolution.—So close were the ties between the two nations that it is not surprising to find every step in the first stages of the French Revolution greeted with applause in the United States. "Liberty will have another feather in her cap," exultantly wrote a Boston editor. "In no part of the globe," soberly wrote John Marshall, "was this revolution hailed with more joy than in America.... But one sentiment existed." The main key to the Bastille, sent to Washington as a memento, was accepted as "a token of the victory gained by liberty." Thomas Paine saw in the great event "the first ripe fruits of American principles transplanted into Europe." Federalists and Anti-Federalists regarded the new constitution of France as another vindication of American ideals.

The Reign of Terror.—While profuse congratulations were being exchanged, rumors began to come that all was not well in France. Many noblemen, enraged at the loss of their special privileges, fled into Germany and plotted an invasion of France to overthrow the new system of government. Louis XVI entered into negotiations with his brother monarchs on the continent to secure their help in the same enterprise, and he finally betrayed to the French people his true sentiments by attempting to escape from his kingdom, only to be captured and taken back to Paris in disgrace.

A new phase of the revolution now opened. The working people, excluded from all share in the government by the first French constitution, became restless, especially in Paris. Assembling on the Champs de Mars, a great open field, they signed a petition calling for another constitution giving them the suffrage. When told to disperse, they refused and were fired upon by the national guard. This "massacre," as it was called, enraged the populace. A radical party, known as "Jacobins," then sprang up, taking its name from a Jacobin monastery in which it held its sessions. In a little while it became the master of the popular convention convoked in September, 1792. The monarchy was immediately abolished and a republic established. On January 21, 1793, Louis was sent to the scaffold. To the war on Austria, already raging, was added a war on England. Then came the Reign of Terror, during which radicals in possession of the convention executed in large numbers counter-revolutionists and those suspected of sympathy with the monarchy. They shot down peasants who rose in insurrection against their rule and established a relentless dictatorship. Civil war followed. Terrible atrocities were committed on both sides in the name of liberty, and in the name of monarchy. To Americans of conservative temper it now seemed that the Revolution, so auspiciously begun, had degenerated into anarchy and mere bloodthirsty strife.

Burke Summons the World to War on France.—In England, Edmund Burke led the fight against the new French principles which he feared might spread to all Europe. In his Reflections on the French Revolution, written in 1790, he attacked with terrible wrath the whole program of popular government; he called for war, relentless war, upon the French as monsters and outlaws; he demanded that they be reduced to order by the restoration of the king to full power under the protection of the arms of European nations.

Paine's Defense of the French Revolution.—To counteract the campaign of hate against the French, Thomas Paine replied to Burke in another of his famous tracts, The Rights of Man, which was given to the American public in an edition containing a letter of approval from Jefferson. Burke, said Paine, had been mourning about the glories of the French monarchy and aristocracy but had forgotten the starving peasants and the oppressed people; had wept over the plumage and neglected the dying bird. Burke had denied the right of the French people to choose their own governors, blandly forgetting that the English government in which he saw final perfection itself rested on two revolutions. He had boasted that the king of England held his crown in contempt of the democratic societies. Paine answered: "If I ask a man in America if he wants a king, he retorts and asks me if I take him for an idiot." To the charge that the doctrines of the rights of man were "new fangled," Paine replied that the question was not whether they were new or old but whether they were right or wrong. As to the French disorders and difficulties, he bade the world wait to see what would be brought forth in due time.

The Effect of the French Revolution on American Politics.—The course of the French Revolution and the controversies accompanying it, exercised a profound influence on the formation of the first political parties in America. The followers of Hamilton, now proud of the name "Federalists," drew back in fright as they heard of the cruel deeds committed during the Reign of Terror. They turned savagely upon the revolutionists and their friends in America, denouncing as "Jacobin" everybody who did not condemn loudly enough the proceedings of the French Republic. A Massachusetts preacher roundly assailed "the atheistical, anarchical, and in other respects immoral principles of the French Republicans"; he then proceeded with equal passion to attack Jefferson and the Anti-Federalists, whom he charged with spreading false French propaganda and betraying America. "The editors, patrons, and abettors of these vehicles of slander," he exclaimed, "ought to be considered and treated as enemies to their country.... Of all traitors they are the most aggravatedly criminal; of all villains, they are the most infamous and detestable."

The Anti-Federalists, as a matter of fact, were generally favorable to the Revolution although they deplored many of the events associated with it. Paine's pamphlet, indorsed by Jefferson, was widely read. Democratic societies, after the fashion of French political clubs, arose in the cities; the coalition of European monarchs against France was denounced as a coalition against the very principles of republicanism; and the execution of Louis XVI was openly celebrated at a banquet in Philadelphia. Harmless titles, such as "Sir," "the Honorable," and "His Excellency," were decried as aristocratic and some of the more excited insisted on adopting the French title, "Citizen," speaking, for example, of "Citizen Judge" and "Citizen Toastmaster." Pamphlets in defense of the French streamed from the press, while subsidized newspapers kept the propaganda in full swing.

The European War Disturbs American Commerce.—This battle of wits, or rather contest in calumny, might have gone on indefinitely in America without producing any serious results, had it not been for the war between England and France, then raging. The English, having command of the seas, claimed the right to seize American produce bound for French ports and to confiscate American ships engaged in carrying French goods. Adding fuel to a fire already hot enough, they began to search American ships and to carry off British-born sailors found on board American vessels.

The French Appeal for Help.—At the same time the French Republic turned to the United States for aid in its war on England and sent over as its diplomatic representative "Citizen" Genet, an ardent supporter of the new order. On his arrival at Charleston, he was greeted with fervor by the Anti-Federalists. As he made his way North, he was wined and dined and given popular ovations that turned his head. He thought the whole country was ready to join the French Republic in its contest with England. Genet therefore attempted to use the American ports as the base of operations for French privateers preying on British merchant ships; and he insisted that the United States was in honor bound to help France under the treaty of 1778.

The Proclamation of Neutrality and the Jay Treaty.—Unmoved by the rising tide of popular sympathy for France, Washington took a firm course. He received Genet coldly. The demand that the United States aid France under the old treaty of alliance he answered by proclaiming the neutrality of America and warning American citizens against hostile acts toward either France or England. When Genet continued to hold meetings, issue manifestoes, and stir up the people against England, Washington asked the French government to recall him. This act he followed up by sending the Chief Justice, John Jay, on a pacific mission to England.

The result was the celebrated Jay treaty of 1794. By its terms Great Britain agreed to withdraw her troops from the western forts where they had been since the war for independence and to grant certain slight trade concessions. The chief sources of bitterness—the failure of the British to return slaves carried off during the Revolution, the seizure of American ships, and the impressment of sailors—were not touched, much to the distress of everybody in America, including loyal Federalists. Nevertheless, Washington, dreading an armed conflict with England, urged the Senate to ratify the treaty. The weight of his influence carried the day.

At this, the hostility of the Anti-Federalists knew no bounds. Jefferson declared the Jay treaty "an infamous act which is really nothing more than an alliance between England and the Anglo-men of this country, against the legislature and the people of the United States." Hamilton, defending it with his usual courage, was stoned by a mob in New York and driven from the platform with blood streaming from his face. Jay was burned in effigy. Even Washington was not spared. The House of Representatives was openly hostile. To display its feelings, it called upon the President for the papers relative to the treaty negotiations, only to be more highly incensed by his flat refusal to present them, on the ground that the House did not share in the treaty-making power.

Washington Retires from Politics.—Such angry contests confirmed the President in his slowly maturing determination to retire at the end of his second term in office. He did not believe that a third term was unconstitutional or improper; but, worn out by his long and arduous labors in war and in peace and wounded by harsh attacks from former friends, he longed for the quiet of his beautiful estate at Mount Vernon.

In September, 1796, on the eve of the presidential election, Washington issued his Farewell Address, another state paper to be treasured and read by generations of Americans to come. In this address he directed the attention of the people to three subjects of lasting interest. He warned them against sectional jealousies. He remonstrated against the spirit of partisanship, saying that in government "of the popular character, in government purely elective, it is a spirit not to be encouraged." He likewise cautioned the people against "the insidious wiles of foreign influence," saying: "Europe has a set of primary interests which to us have none or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, therefore, it would be unwise in us to implicate ourselves, by artificial ties, in the ordinary vicissitudes of her politics or the ordinary combinations and collisions of her friendships or enmities.... Why forego the advantages of so peculiar a situation?... It is our true policy to steer clear of permanent alliances with any portion of the foreign world.... Taking care always to keep ourselves, by suitable establishments, on a respectable defensive posture, we may safely trust to temporary alliances for extraordinary emergencies."

The Campaign of 1796—Adams Elected.—On hearing of the retirement of Washington, the Anti-Federalists cast off all restraints. In honor of France and in opposition to what they were pleased to call the monarchical tendencies of the Federalists, they boldly assumed the name "Republican"; the term "Democrat," then applied only to obscure and despised radicals, had not come into general use. They selected Jefferson as their candidate for President against John Adams, the Federalist nominee, and carried on such a spirited campaign that they came within four votes of electing him.

The successful candidate, Adams, was not fitted by training or opinion for conciliating a determined opposition. He was a reserved and studious man. He was neither a good speaker nor a skillful negotiator. In one of his books he had declared himself in favor of "government by an aristocracy of talents and wealth"—an offense which the Republicans never forgave. While John Marshall found him "a sensible, plain, candid, good-tempered man," Jefferson could see in him nothing but a "monocrat" and "Anglo-man." Had it not been for the conduct of the French government, Adams would hardly have enjoyed a moment's genuine popularity during his administration.