CHAPTER VI.

THE FORMATION OF THE NATIONAL CONSTITUTION.

Before peace was established, Morris had been appointed a commissioner

to treat for the exchange of prisoners. Nothing came of his efforts,

however, the British and Americans being utterly unable to come to any

agreement. Both sides had been greatly exasperated,--the British by the

Americans' breach of faith about Burgoyne's troops, and the Americans by

the inhuman brutality with which their captive countrymen had been

treated. An amusing feature of the affair was a conversation between

Morris and the British general, Dalrymple, wherein the former assured

the latter rather patronizingly that the British "still remained a great

people, a very great people," and that "they would undoubtedly still

hold their rank in Europe." He would have been surprised, had he known

not only that the stubborn Island folk were destined soon to hold a

higher rank in Europe than ever before, but that from their loins other

nations, broad as continents, were to spring, so that the South Seas

should become an English ocean, and that over a fourth of the world's

surface there should be spoken the tongue of Pitt and Washington.

No sooner was peace declared, and the immediate and pressing danger

removed, than the confederation relapsed into a loose knot of

communities as quarrelsome as they were contemptible. The states-rights

men for the moment had things all their own way, and speedily reduced us

to the level afterwards reached by the South-American republics. Each

commonwealth set up for itself, and tried to oppress its neighbors; not

one had a creditable history for the next four years; while the career

of Rhode Island in particular can only be properly described as

infamous. We refused to pay our debts, we would not even pay our army;

and mob violence flourished rankly. As a natural result the European

powers began to take advantage of our weakness and division.

All our great men saw the absolute need of establishing a National

Union--not a league or a confederation--if the country was to be saved.

None felt this more strongly than Morris; and no one was more hopeful of

the final result. Jay had written to him as to the need of "raising and

maintaining a national spirit in America;" and he wrote in reply, at

different times:[2] "Much of convulsion will ensue, yet it must

terminate in giving to government that power without which government is

but a name.... This country has never yet been known to Europe, and God

knows whether it ever will be. To England it is less known than to any

other part of Europe, because they constantly view it through a medium

of either prejudice or faction. True it is that the general government

wants energy, and equally true it is that the want will eventually be

supplied. A national spirit is the natural result of national existence;

_and although some of the present generation may feel the result of

colonial oppositions of opinion, that generation will die away, and give

place to a race of Americans_. On this occasion, as on others, Great

Britain is our best friend; and, by seizing the critical moment when we

were about to divide, she has shown us the dreadful consequences of

division.... Indeed, my friend, nothing can do us so much good as to

convince the Eastern and Southern States how necessary it is to give

proper force to the federal government, and nothing will so soon operate

that conviction as foreign efforts to restrain the navigation of the

one and the commerce of the other." The last sentence referred to the

laws aimed at our trade by Great Britain, and by other powers as

well,--symptoms of outside hostility which made us at once begin to draw

together again.

[2] The italics are mine.

Money troubles grew apace, and produced the usual crop of crude theories

and of vicious and dishonest legislation in accordance therewith.

Lawless outbreaks became common, and in Massachusetts culminated in

actual rebellion. The mass of the people were rendered hostile to any

closer union by their ignorance, their jealousy, and the general

particularistic bent of their minds,--this last being merely a vicious

graft on, or rather outgrowth of, the love of freedom inborn in the

race. Their leaders were enthusiasts of pure purpose and unsteady mental

vision; they were followed by the mass of designing politicians, who

feared that their importance would be lost if their sphere of action

should be enlarged. Among these leaders the three most important were,

in New York George Clinton, and in Massachusetts and Virginia two much

greater men--Samuel Adams and Patrick Henry. All three had done

excellent service at the beginning of the revolutionary troubles.

Patrick Henry lived to redeem himself, almost in his last hour, by the

noble stand he took in aid of Washington against the democratic

nullification agitation of Jefferson and Madison; but the usefulness of

each of the other two was limited to the early portion of his career.

Like every other true patriot and statesman, Morris did all in his power

to bring into one combination the varied interests favorable to the

formation of a government that should be strong and responsible as well

as free. The public creditors and the soldiers of the army--whose

favorite toasts were: "A hoop to the barrel," and "Cement to the

Union"--were the two classes most sensible of the advantages of such a

government; and to each of these Morris addressed himself when he

proposed to consolidate the public debt, both to private citizens and to

the soldiers, and to make it a charge on the United States, and not on

the several separate states.

In consequence of the activity and ability with which he advocated a

firmer Union, the extreme states-rights men were especially hostile to

him; and certain of their number assailed him with bitter malignity,

both then and afterwards. One accusation was, that he had improper

connections with the public creditors. This was a pure slander,

absolutely without foundation, and not supported by even the pretence of

proof. Another accusation was that he favored the establishment of a

monarchy. This was likewise entirely untrue. Morris was not a

sentimental political theorist; he was an eminently practical--that is,

useful--statesman, who saw with unusual clearness that each people must

have a government suited to its own individual character, and to the

stage of political and social development it had reached. He realized

that a nation must be governed according to the actual needs and

capacities of its citizens, not according to any abstract theory or set

of ideal principles. He would have dismissed with contemptuous laughter

the ideas of those Americans who at the present day believe that

Anglo-Saxon democracy can be applied successfully to a half-savage

negroid people in Hayti, or of those Englishmen who consider seriously

the proposition to renovate Turkey by giving her representative

institutions and a parliamentary government. He understood and stated

that a monarchy "did not consist with the taste and temper of the

people" in America, and he believed in establishing a form of government

that did. Like almost every other statesman of the day, the perverse

obstinacy of the extreme particularist section at times made him

downhearted, and caused him almost to despair of a good government being

established; and like every sensible man he would have preferred almost

any strong, orderly government to the futile anarchy towards which the

ultra states-rights men or separatists tended. Had these last ever

finally obtained the upper hand, either in revolutionary or

post-revolutionary times, either in 1787 or 1861, the fact would have

shown conclusively that Americans were unfitted for republicanism and

self-government. An orderly monarchy would certainly be preferable to a

republic of the epileptic Spanish-American type. The extreme

doctrinaires, who are fiercest in declaiming in favor of freedom are in

reality its worst foes, far more dangerous than any absolute monarchy

ever can be. When liberty becomes license, some form of one-man power is

not far distant.

The one great reason for our having succeeded as no other people ever

has, is to be found in that common sense which has enabled us to

preserve the largest possible individual freedom on the one hand, while

showing an equally remarkable capacity for combination on the other. We

have committed plenty of faults, but we have seen and remedied them. Our

very doctrinaires have usually acted much more practically than they

have talked. Jefferson, when in power, adopted most of the Federalist

theories, and became markedly hostile to the nullification movements at

whose birth he had himself officiated. We have often blundered badly in

the beginning, but we have always come out well in the end. The Dutch,

when they warred for freedom from Spanish rule, showed as much

short-sighted selfishness and bickering jealousy as even our own

revolutionary ancestors, and only a part remained faithful to the end:

as a result, but one section won independence, while the Netherlands

were divided, and never grasped the power that should have been theirs.

As for the Spanish-Americans, they split up hopelessly almost before

they were free, and, though they bettered their condition a little, yet

lost nine tenths of what they had gained. Scotland and Ireland, when

independent, were nests of savages. All the follies our forefathers

committed can be paralleled elsewhere, but their successes are unique.

So it was in the few years immediately succeeding the peace by which we

won our independence. The mass of the people wished for no closer union

than was to be found in a lax confederation; but they had the good sense

to learn the lesson taught by the weakness and lawlessness they saw

around them; they reluctantly made up their minds to the need of a

stronger government, and when they had once come to their decision,

neither demagogue nor doctrinaire could swerve them from it.

The national convention to form a Constitution met in May, 1787; and

rarely in the world's history has there been a deliberative body which

contained so many remarkable men, or produced results so lasting and

far-reaching. The Congress whose members signed the Declaration of

Independence had but cleared the ground on which the framers of the

Constitution were to build. Among the delegates in attendance, easily

first stood Washington and Franklin,--two of that great American trio in

which Lincoln is the third. Next came Hamilton from New York, having as

colleagues a couple of mere obstructionists sent by the Clintonians to

handicap him. From Pennsylvania came Robert Morris and Gouverneur

Morris; from Virginia, Madison; from South Carolina, Rutledge and the

Pinckneys; and so on through the other states. Some of the most noted

statesmen were absent, however. Adams and Jefferson were abroad. Jay was

acting as Secretary for Foreign Affairs; in which capacity, by the way,

he had shown most unlooked-for weakness in yielding to Spanish demands

about the Mississippi.

Two years after taking part in the proceedings of the American

Constitutional Convention, Morris witnessed the opening of the States

General of France. He thoroughly appreciated the absolute and curious

contrast offered by these two bodies, each so big with fate for all

mankind. The men who predominated in and shaped the actions of the first

belonged to a type not uncommonly brought forth by a people already

accustomed to freedom at a crisis in the struggle to preserve or extend

its liberties. During the past few centuries this type had appeared many

times among the liberty loving nations who dwelt on the shores of the

Baltic and the North Sea; and our forefathers represented it in its

highest and most perfect shapes. It is a type only to be found among men

already trained to govern themselves as well as others. The American

statesmen were the kinsfolk and fellows of Hampden and Pym, of William

the Silent and John of Barneveldt. Save love of freedom, they had little

in common with the closet philosophers, the enthusiastic visionaries,

and the selfish demagogues who in France helped pull up the flood-gates

of an all-swallowing torrent. They were great men; but it was less the

greatness of mere genius than that springing from the union of strong,

virile qualities with steadfast devotion to a high ideal. In certain

respects they were ahead of all their European compeers; yet they

preserved virtues forgotten or sneered at by the contemporaneous

generation of trans-Atlantic leaders. They wrought for the future as

surely as did the French Jacobins; but their spirit was the spirit of

the Long Parliament. They were resolute to free themselves from the

tyranny of man; but they had not unlearned the reverence felt by their

fathers for their fathers' God. They were sincerely religious. The

advanced friends of freedom abroad scoffed at religion, and would have

laughed outright at a proposition to gain help for their cause by

prayer; but to the founders of our Constitution, when matters were at a

deadlock, and the outcome looked almost hopeless, it seemed a most fit

and proper thing that one of the chief of their number should propose to

invoke to aid them a wisdom greater than the wisdom of human beings.

Even those among their descendants who no longer share their trusting

faith may yet well do regretful homage to a religious spirit so

deep-rooted and so strongly tending to bring out a pure and high

morality. The statesmen who met in 1787 were earnestly patriotic. They

unselfishly desired the welfare of their countrymen. They were cool,

resolute men, of strong convictions, with clear insight into the future.

They were thoroughly acquainted with the needs of the community for

which they were to act. Above all they possessed that inestimable

quality, so characteristic of their race, hard-headed common sense.

Their theory of government was a very high one; but they understood

perfectly that it had to be accommodated to the shortcomings of the

average citizen. Small indeed was their resemblance to the fiery orators

and brilliant pamphleteers of the States General. They were emphatically

good men; they were no less emphatically practical men. They would have

scorned Mirabeau as a scoundrel; they would have despised Sieyes as a

vain and impractical theorist.

The deliberations of the convention in their result illustrated in a

striking manner the truth of the American principle, that--for

deliberative, not executive, purposes--the wisdom of many men is worth

more than the wisdom of any one man. The Constitution that the members

assembled in convention finally produced was not only the best possible

one for America at that time, but it was also, in spite of its

short-comings, and taking into account its fitness for our own people

and conditions, as well as its accordance with the principles of

abstract right, probably the best that any nation has ever had, while it

was beyond question a very much better one than any single member could

have prepared. The particularist statesmen would have practically

denied us any real union or efficient executive power; while there was

hardly a Federalist member who would not, in his anxiety to avoid the

evils from which we were suffering, have given us a government so

centralized and aristocratic that it would have been utterly unsuited to

a proud, liberty-loving, and essentially democratic race, and would have

infallibly provoked a tremendous reactionary revolt.

It is impossible to read through the debates of the convention without

being struck by the innumerable shortcomings of each individual plan

proposed by the several members, as divulged in their speeches, when

compared with the plan finally adopted. Had the result been in

accordance with the views of the strong-government men like Hamilton on

the one hand, or of the weak-government men like Franklin on the other,

it would have been equally disastrous for the country. The men who

afterwards naturally became the chiefs of the Federalist party, and who

included in their number the bulk of the great revolutionary leaders,

were the ones to whom we mainly owe our present form of government;

certainly we owe them more, both on this and on other points, than we do

their rivals, the after-time Democrats. Yet there were some articles of

faith in the creed of the latter so essential to our national

wellbeing, and yet so counter to the prejudices of the Federalists, that

it was inevitable they should triumph in the end. Jefferson led the

Democrats to victory only when he had learned to acquiesce thoroughly in

some of the fundamental principles of Federalism, and the government of

himself and his successors was good chiefly in so far as it followed out

the theories of the Hamiltonians; while Hamilton and the Federalists

fell from power because they could not learn the one great truth taught

by Jefferson,--that in America a statesman should trust the people, and

should endeavor to secure to each man all possible individual liberty,

confident that he will use it aright. The old-school Jeffersonian

theorists believed in "a strong people and a weak government." Lincoln

was the first who showed how a strong people might have a strong

government and yet remain the freest on the earth. He seized--half

unwittingly--all that was best and wisest in the traditions of

Federalism; he was the true successor of the Federalist leaders; but he

grafted on their system a profound belief that the great heart of the

nation beat for truth, honor, and liberty.

This fact, that in 1787 all the thinkers of the day drew out plans that

in some respects went very wide of the mark, must be kept in mind, or

else we shall judge each particular thinker with undue harshness when we

examine his utterances without comparing them with those of his fellows.

But one partial exception can be made. In the Constitutional Convention

Madison, a moderate Federalist, was the man who, of all who were there,

saw things most clearly as they were, and whose theories most closely

corresponded with the principles finally adopted; and although even he

was at first dissatisfied with the result, and both by word and by

action interpreted the Constitution in widely different ways at

different times, still this was Madison's time of glory: he was one of

the statesmen who do extremely useful work, but only at some single

given crisis. While the Constitution was being formed and adopted, he

stood in the very front; but in his later career he sunk his own

individuality, and became a mere pale shadow of Jefferson.

Morris played a very prominent part in the convention. He was a ready

speaker, and among all the able men present there was probably no such

really brilliant thinker. In the debates he spoke more often than any

one else, although Madison was not far behind him; and his speeches

betrayed, but with marked and exaggerated emphasis, both the virtues

and the shortcomings of the Federalist school of thought. They show us,

too, why he never rose to the first rank of statesmen. His keen,

masterful mind, his far-sightedness, and the force and subtlety of his

reasoning were all marred by his incurable cynicism and deep-rooted

distrust of mankind. He throughout appears as _advocatus diaboli_; he

puts the lowest interpretation upon every act, and frankly avows his

disbelief in all generous and unselfish motives. His continual allusions

to the overpowering influence of the baser passions, and to their

mastery of the human race at all times, drew from Madison, although the

two men generally acted together, a protest against his "forever

inculcating the utter political depravity of men, and the necessity for

opposing one vice and interest as the only possible check to another

vice and interest."

Morris championed a strong national government, wherein he was right;

but he also championed a system of class representation, leaning towards

aristocracy, wherein he was wrong. Not Hamilton himself was a firmer

believer in the national idea. His one great object was to secure a

powerful and lasting Union, instead of a loose federal league. It must

be remembered that in the convention the term "federal" was used in

exactly the opposite sense to the one in which it was taken afterwards;

that is, it was used as the antithesis of "national," not as its

synonym. The states-rights men used it to express a system of government

such as that of the old federation of the thirteen colonies; while their

opponents called themselves Nationalists, and only took the title of

Federalists after the Constitution had been formed, and then simply

because the name was popular with the masses. They thus appropriated

their adversaries' party name, bestowing it on the organization most

hostile to their adversaries' party theories. Similarly, the term

"Republican Party," which was originally in our history merely another

name for the Democracy, has in the end been adopted by the chief

opponents of the latter.

The difficulties for the convention to surmount seemed insuperable; on

almost every question that came up, there were clashing interests.

Strong government and weak government, pure democracy or a modified

aristocracy, small states and large states, North and South, slavery and

freedom, agricultural sections as against commercial sections,--on each

of twenty points the delegates split into hostile camps, that could only

be reconciled by concessions from both sides. The Constitution was not

one compromise; it was a bundle of compromises, all needful.

Morris, like every other member of the convention, sometimes took the

right and sometimes the wrong side on the successive issues that arose.

But on the most important one of all he made no error; and he commands

our entire sympathy for his thorough-going nationalism. As was to be

expected, he had no regard whatever for states rights. He wished to deny

to the small states the equal representation in the Senate finally

allowed them; and he was undoubtedly right theoretically. No good

argument can be adduced in support of the present system on that point.

Still, it has thus far worked no harm; the reason being that our states

have merely artificial boundaries, while those of small population have

hitherto been distributed pretty evenly among the different sections, so

that they have been split up like the others on every important issue,

and thus have never been arrayed against the rest of the country.

Though Morris and his side were defeated in their efforts to have the

states represented proportionally in the Senate, yet they carried their

point as to representation in the House. Also on the general question of

making a national government, as distinguished from a league or

federation, the really vital point, their triumph was complete. The

Constitution they drew up and had adopted no more admitted of legal or

peaceable rebellion--whether called secession or nullification--on the

part of the state than on the part of a county or an individual.

Morris expressed his own views with his usual clear-cut, terse vigor

when he asserted that "state attachments and state importance had been

the bane of the country," and that he came, not as a mere delegate from

one section, but "as a representative of America,--a representative in

some degree of the whole human race, for the whole human race would be

affected by the outcome of the convention." And he poured out the flood

of his biting scorn on those gentlemen who came there "to truck and

bargain for their respective states," asking what man there was who

could tell with certainty the state wherein he--and even more wherein

his children--would live in the future; and reminding the small states,

with cavalier indifference, that, "if they did not like the Union, no

matter,--they would have to come in, and that was all there was about

it; for if persuasion did not unite the country, then the sword would."

His correct language and distinct enunciation--to which Madison has

borne witness--allowed his grim truths to carry their full weight; and

he brought them home to his hearers with a rough, almost startling

earnestness and directness. Many of those present must have winced when

he told them that it would matter nothing to America "if all the

charters and constitutions of the states were thrown into the fire, and

all the demagogues into the ocean," and asserted that "any particular

state _ought_ to be injured, for the sake of a majority of the people,

in case its conduct showed that it deserved it." He held that we should

create a national government, to be the one and only supreme power in

the land,--one which, unlike a mere federal league, such as we then

lived under, should have complete and compulsive operation; and he

instanced the examples as well of Greece as of Germany and the United

Netherlands, to prove that local jurisdiction destroyed every tie of

nationality.

It shows the boldness of the experiment in which we were engaged, that

we were forced to take all other nations, whether dead or living, as

warnings, not examples; whereas, since we succeeded, we have served as a

pattern to be copied, either wholly or in part, by every other people

that has followed in our steps. Before our own experience, each similar

attempt, save perhaps on the smallest scale, had been a failure. Where

so many other nations teach by their mistakes, we are among the few who

teach by their successes.

Be it noted also that, the doctrinaires to the contrary notwithstanding,

we proved that a strong central government was perfectly compatible

with absolute democracy. Indeed, the separatist spirit does not lead to

true democratic freedom. Anarchy is the handmaiden of tyranny. Of all

the states, South Carolina has shown herself (at least throughout the

greater part of the present century) to be the most aristocratic, and

the most wedded to the separatist spirit. The German masses were never

so ground down by oppression as when the little German principalities

were most independent of each other and of any central authority.

Morris believed in letting the United States interfere to put down a

rebellion in a state, even though the executive of the state himself

should be at the head of it; and he was supported in his views by

Pinckney, the ablest member of the brilliant and useful but

unfortunately short-lived school of South Carolina Federalists. Pinckney

was a thorough-going Nationalist; he wished to go a good deal further

than the convention actually went in giving the central government

complete control. Thus he proposed that Congress should have power to

negative by a two-thirds vote all state laws inconsistent with the

harmony of the Union. Madison also wished to give Congress a veto over

state legislation. Morris believed that a national law should be allowed

to repeal any state law, and that Congress should legislate in all

cases where the laws of the states conflicted among themselves.

Yet Morris, on the very question of nationalism, himself showed the

narrowest, blindest, and least excusable sectional jealousy on one

point. He felt as an American for all the Union, as it then existed; but

he feared and dreaded the growth of the Union in the West, the very

place where it was inevitable, as well as in the highest degree

desirable, that the greatest growth should take place. He actually

desired the convention to commit the criminal folly of attempting to

provide that the West should always be kept subordinate to the East.

Fortunately he failed; but the mere attempt casts the gravest discredit

alike on his far-sightedness and on his reputation as a statesman. It is

impossible to understand how one who was usually so cool and

clear-headed an observer could have blundered so flagrantly on a point

hardly less vital than the establishment of the Union itself. Indeed,

had his views been carried through, they would in the end have nullified

all the good bestowed by the Union. In speaking against state jealousy,

he had shown its foolishness by observing that no man could tell in what

state his children would dwell; and the folly of the speaker himself was

made quite as clear by his not perceiving that their most likely

dwelling-place was in the West. This jealousy of the West was even more

discreditable to the Northeast than the jealousy of America had been to

England; and it continued strong, especially in New England, for very

many years. It was a mean and unworthy feeling; and it was greatly to

the credit of the Southerners that they shared it only to a very small

extent. The South in fact originally was in heartiest sympathy with the

West; it was not until the middle of the present century that the

country beyond the Alleghanies became preponderatingly Northern in

sentiment. In the Constitutional Convention itself, Butler, of South

Carolina, pointed out "that the people and strength of America were

evidently tending westwardly and southwestwardly."

Morris wished to discriminate against the West by securing to the

Atlantic States the perpetual control of the Union. He brought this idea

up again and again, insisting that we should reserve to ourselves the

right to put conditions on the Western States when we should admit them.

He dwelt at length on the danger of throwing the preponderance of

influence into the Western scale; stating his dread of the "back

members," who were always the most ignorant, and the opponents of all

good measures. He foretold with fear that some day the people of the

West would outnumber the people of the East, and he wished to put it in

the power of the latter to keep a majority of the votes in their own

hands. Apparently he did not see that, if the West once became as

populous as he predicted, its legislators would forthwith cease to be

"back members." The futility of his fears, and still more of his

remedies, was so evident that the convention paid very little heed to

either.

On one point, however, his anticipations of harm were reasonable, and

indeed afterwards came true in part. He insisted that the West, or

interior, would join the South and force us into a war with some

European power, wherein the benefits would accrue to them and the harm

to the Northeast. The attitude of the South and West already clearly

foreshadowed a struggle with Spain for the Mississippi Valley; and such

a struggle would surely have come, either with the French or Spaniards,

had we failed to secure the territory in question by peaceful purchase.

As it was, the realization of Morris's prophecy was only put off for a

few years; the South and West brought on the War of 1812, wherein the

East was the chief sufferer.

On the question as to whether the Constitution should be made absolutely

democratic or not, Morris took the conservative side. On the suffrage

his views are perfectly defensible: he believed that it should be

limited to freeholders. He rightly considered the question as to how

widely it should be extended to be one of expediency merely. It is

simply idle folly to talk of suffrage as being an "inborn" or "natural"

right. There are enormous communities totally unfit for its exercise;

while true universal suffrage never has been, and never will be,

seriously advocated by any one. There must always be an age limit, and

such a limit must necessarily be purely arbitrary. The wildest democrat

of revolutionary times did not dream of doing away with the restrictions

of race and sex which kept most American citizens from the ballot-box;

and there is certainly much less abstract right in a system which limits

the suffrage to people of a certain color than there is in one which

limits it to people who come up to a given standard of thrift and

intelligence. On the other hand, our experience has not proved that men

of wealth make any better use of their ballots than do, for instance,

mechanics and other handicraftsmen. No plan could be adopted so perfect

as to be free from all drawbacks. On the whole, however, and taking our

country in its length and breadth, manhood suffrage has worked well,

better than would have been the case with any other system; but even

here there are certain localities where its results have been evil, and

must simply be accepted as the blemishes inevitably attendant upon, and

marring, any effort to carry out a scheme that will be widely

applicable.

Morris contended that his plan would work no novel or great hardship, as

the people in several states were already accustomed to freehold

suffrage. He considered the freeholders to be the best guardians of

liberty, and maintained that the restriction of the right to them was

only creating a necessary safeguard "against the dangerous influence of

those people without property or principle, with whom, in the end, our

country, like all other countries, was sure to abound." He did not

believe that the ignorant and dependent could be trusted to vote.

Madison supported him heartily, likewise thinking the freeholders the

safest guardians of our rights; he indulged in some gloomy (and

fortunately hitherto unverified) forebodings as to our future, which

sound strangely coming from one who was afterwards an especial pet of

the Jeffersonian democracy. He said: "In future times a great majority

of the people will be without landed or any other property. They will

then either combine under the influence of their common situation,--in

which case the rights of property and the public liberty will not be

safe in their hands,--or, as is more probable, they will become the

tools of opulence and ambition."

Morris also enlarged on this last idea. "Give the votes to people who

have no property, and they will sell them to the rich," said he. When

taunted with his aristocratic tendencies, he answered that he had long

ceased to be the dupe of words, that the mere sound of the name

"aristocracy" had no terrors for him, but that he did fear lest harm

should result to the people from the unacknowledged existence of the

very thing they feared to mention. As he put it, there never was or

would be a civilized society without an aristocracy, and his endeavor

was to keep it as much as possible from doing mischief. He thus

professed to be opposed to the existence of an aristocracy, but

convinced that it would exist anyhow, and that therefore the best thing

to be done was to give it a recognized place, while clipping its wings

so as to prevent its working harm. In pursuance of this theory, he

elaborated a wild plan, the chief feature of which was the provision for

an aristocratic senate, and a popular or democratic house, which were to

hold each other in check, and thereby prevent either party from doing

damage. He believed that the senators should be appointed by the

national executive, who should fill up the vacancies that occurred. To

make the upper house effective as a checking branch, it should be so

constituted to as have a personal interest in checking the other branch;

it should be a senate for life, it should be rich, it should be

aristocratic. He continued:--It would then do wrong? He believed so; he

hoped so. The rich would strive to enslave the rest; they always did.

The proper security against them was to form them into a separate

interest. The two forces would then control each other. By thus

combining and setting apart the aristocratic interest, the popular

interest would also be combined against it. There would be mutual check

and mutual security. If, on the contrary, the rich and poor were allowed

to mingle, then, if the country were commercial, an oligarchy would be

established; and if it were not, an unlimited democracy would ensue. It

was best to look truth in the face. The loaves and fishes would be

needed to bribe demagogues; while as for the people, if left to

themselves, they would never act from reason alone. The rich would take

advantage of their passions, and the result would be either a violent

aristocracy, or a more violent despotism.--The speech containing these

extraordinary sentiments, which do no particular credit to either

Morris's head or heart, is given in substance by Madison in the

"Debates." Madison's report is undoubtedly correct, for, after writing

it, he showed it to the speaker himself, who made but one or two verbal

alterations.

Morris applied an old theory in a new way when he proposed to make

"taxation proportional to representation" throughout the Union. He

considered the preservation of property as being the distinguishing

object of civilization, as liberty was sufficiently guaranteed even by

savagery; and therefore he held that the representation in the senate

should be according to property as well as numbers. But when this

proposition was defeated, he declined to support one making property

qualifications for congressmen, remarking that such were proper for the

electors rather than the elected.

His views as to the power and functions of the national executive were

in the main sound, and he succeeded in having most of them embodied in

the Constitution. He wished to have the President hold office during

good behavior; and, though this was negatived, he succeeded in having

him made reeligible to the position. He was instrumental in giving him a

qualified veto over legislation, and in providing for his impeachment

for misconduct; and also in having him made commander-in-chief of the

forces of the republic, and in allowing him the appointment of

governmental officers. The especial service he rendered, however, was

his successful opposition to the plan whereby the President was to be

elected by the legislature. This proposition he combated with all his

strength, showing that it would take away greatly from the dignity of

the executive, and would render his election a matter of cabal and

faction, "like the election of the pope by a conclave of cardinals." He

contended that the President should be chosen by the people at large, by

the citizens of the United States, acting through electors whom they had

picked out. He showed the probability that in such a case the people

would unite upon a man of continental reputation, as the influence of

designing demagogues and tricksters is generally powerful in proportion

as the limits within which they work are narrow; and the importance of

the stake would make all men inform themselves thoroughly as to the

characters and capacities of those who were contending for it; and he

flatly denied the statements, that were made in evident good faith, to

the effect that in a general election each State would cast its vote for

its own favorite citizen. He inclined to regard the President in the

light of a tribune chosen by the people to watch over the legislature;

and giving him the appointing power, he believed, would force him to

make good use of it, owing to his sense of responsibility to the people

at large, who would be directly affected by its exercise, and who could

and would hold him accountable for its abuse.

On the judiciary his views were also sound. He upheld the power of the

judges, and maintained that they should have absolute decision as to the

constitutionality of any law. By this means he hoped to provide against

the encroachments of the popular branch of the government, the one from

which danger was to be feared, as "virtuous citizens will often act as

legislators in a way of which they would, as private individuals,

afterwards be ashamed." He wisely disapproved of low salaries for the

judges, showing that the amounts must be fixed from time to time in

accordance with the manner and style of living in the country; and that

good work on the bench, where it was especially needful, like good work

everywhere else, could only be insured by a high rate of recompense. On

the other hand, he approved of introducing into the national

Constitution the foolish New York state inventions of a Council of

Revision and an Executive Council.

His ideas of the duties and powers of Congress were likewise very proper

on the whole. Most citizens of the present day will agree with him that

"the excess rather than the deficiency of laws is what we have to

dread." He opposed the hurtful provision which requires that each

congressman should be a resident of his own district, urging that

congressmen represented the people at large, as well as their own small

localities; and he also objected to making officers of the army and navy

ineligible. He laid much stress on the propriety of passing navigation

acts to encourage American bottoms and seamen, as a navy was essential

to our security, and the shipping business was always one that stood in

peculiar need of public patronage. Also, like Hamilton and most other

Federalists, he favored a policy of encouraging domestic manufactures.

Incidentally he approved of Congress having the power to lay an embargo,

although he has elsewhere recorded his views as to the general futility

of such kinds of "commercial warfare." He believed in having a uniform

bankruptcy law; approved of abolishing all religious tests as

qualifications for office, and was utterly opposed to the "rotation in

office" theory.

One curious incident in the convention was the sudden outcropping, even

thus early, of a "Native American" movement against all foreigners,

which was headed by Butler, of South Carolina, who himself was of Irish

parentage. He strenuously insisted that no foreigners whomsoever should

be admitted to our councils,--a rather odd proposition, considering that

it would have excluded quite a number of the eminent men he was then

addressing. Pennsylvania in particular--whose array of native talent has

always been far from imposing--had a number of foreigners among her

delegates, and loudly opposed the proposition, as did New York. These

States wished that there should be no discrimination whatever between

native and foreign born citizens; but finally a compromise was agreed

to, by which the latter were excluded only from the Presidency, but were

admitted to all other rights after a seven years' residence,--a period

that was certainly none too long.

A much more serious struggle took place over the matter of slavery,

quite as important then as ever, for at that time the negroes were a

fifth of our population, instead of, as now, an eighth. The question, as

it came before the convention, had several sides to it; the especial

difficulty arising over the representation of the Slave States in

Congress, and the importation of additional slaves from Africa. No one

proposed to abolish slavery off-hand; but an influential though small

number of delegates, headed by Morris, recognized it as a terrible evil,

and were very loath either to allow the South additional representation

for the slaves, or to permit the foreign trade in them to go on. When

the Southern members banded together on the issue, and made it evident

that it was the one which they regarded as almost the most important of

all, Morris attacked them in a telling speech, stating with his usual

boldness facts that most Northerners only dared hint at, and summing up

with the remark that, if he was driven to the dilemma of doing injustice

to the Southern States or to human nature, he would have to do it to the

former; certainly he would not encourage the slave trade by allowing

representation for negroes. Afterwards he characterized the proportional

representation of the blacks even more strongly, as being "a bribe for

the importation of slaves."

In advocating the proposal, first made by Hamilton, that the

representation should in all cases be proportioned to the number of free

inhabitants, Morris showed the utter lack of logic in the Virginian

proposition, which was that the Slave States should have additional

representation to the extent of three fifths of their negroes. If

negroes were to be considered as inhabitants, then they ought to be

added in their entire number; if they were to be considered as property,

then they ought to be counted only if all other wealth was likewise

included. The position of the Southerners was ridiculous: he tore their

arguments to shreds; but he was powerless to alter the fact that they

were doggedly determined to carry their point, while most of the

Northern members cared comparatively little about it.

In another speech he painted in the blackest colors the unspeakable

misery and wrong wrought by slavery, and showed the blight it brought

upon the land. "It was the curse of Heaven on the states where it

prevailed." He contrasted the prosperity and happiness of the Northern

States with the misery and poverty which overspread the barren wastes of

those where slaves were numerous. "Every step you take through the great

region of slavery presents a desert widening with the increasing number

of these wretched beings." He indignantly protested against the Northern

States being bound to march their militia for the defense of the

Southern States against the very slaves of whose existence the northern

men complained. "He would sooner submit himself to a tax for paying for

all the negroes in the United States than saddle posterity with such a

Constitution."

Some of the high-minded Virginian statesmen were quite as vigorous as he

was in their denunciation of the system. One of them, George Mason,

portrayed the effect of slavery upon the people at large with bitter

emphasis, and denounced the slave traffic as "infernal," and slavery as

a national sin that would be punished by a national calamity,--stating

therein the exact and terrible truth. In shameful contrast, many of the

Northerners championed the institution; in particular, Oliver Ellsworth,

of Connecticut, whose name should be branded with infamy because of the

words he then uttered. He actually advocated the free importation of

negroes into the South Atlantic States, because the slaves "died so fast

in the sickly rice swamps" that it was necessary ever to bring fresh

ones to labor and perish in the places of their predecessors; and, with

a brutal cynicism, peculiarly revolting from its mercantile baseness, he

brushed aside the question of morality as irrelevant, asking his hearers

to pay heed only to the fact that "what enriches the part enriches the

whole."

The Virginians were opposed to the slave trade: but South Carolina and

Georgia made it a condition of their coming into the Union. It was

accordingly agreed that it should be allowed for a limited time,--twelve

years; and this was afterwards extended to twenty by a bargain made by

Maryland and the three South Atlantic States with the New England

States, the latter getting in return the help of the former to alter

certain provisions respecting commerce. One of the main industries of

the New England of that day was the manufacture of rum; and its citizens

cared more for their distilleries than for all the slaves held in

bondage throughout Christendom. The rum was made from molasses which

they imported from the West Indies, and they carried there in return the

fish taken by their great fishing fleets; they also carried the slaves

into the Southern ports. Their commerce was what they especially relied

on; and to gain support for it they were perfectly willing to make terms

with even such a black Mammon of unrighteousness as the Southern

slaveholding system. Throughout the contest, Morris and a few other

stout anti-slavery men are the only ones who appear to advantage; the

Virginians, who were honorably anxious to minimize the evils of slavery,

come next; then the other Southerners who allowed pressing self-interest

to overcome their scruples; and, last of all, the New Englanders whom a

comparatively trivial self-interest made the willing allies of the

extreme slaveholders. These last were the only Northerners who yielded

anything to the Southern slaveholders that was not absolutely necessary;

and yet they were the forefathers of the most determined and effective

foes that slavery ever had.

As already said, the Southerners stood firm on the slave question: it

was the one which perhaps more than any other offered the most serious

obstacle to a settlement. Madison pointed out "that the real difference

lay, not between the small States and the large, but between the

Northern and the Southern States. The institution of slavery and its

consequences formed the real line of discrimination." To talk of this

kind Morris at first answered hotly enough:--"he saw that the Southern

gentlemen would not be satisfied unless they saw the way open to their

gaining a majority in the public councils.... If [the distinction they

set up between the North and South] was real, instead of attempting to

blend incompatible things, let them at once take a friendly leave of

each other." He afterwards went back from this position, and agreed to

the compromise by which the slaves were to add, by three fifths of their

number, to the representation of their masters, and the slave trade was

to be allowed for a certain number of years, and prohibited forever

after. He showed his usual straightforward willingness to call things by

their right names in desiring to see "slavery" named outright in the

Constitution, instead of being characterized with cowardly

circumlocution, as was actually done.

In finally yielding and assenting to a compromise, he was perfectly

right. The crazy talk about the iniquity of consenting to any

recognition of slavery whatever in the Constitution is quite beside the

mark; and it is equally irrelevant to assert that the so-called

"compromises" were not properly compromises at all, because there were

no mutual concessions, and the Southern States had "no shadow of right"

to what they demanded and only in part gave up. It was all-important

that there should be a Union, but it had to result from the voluntary

action of all the states; and each state had a perfect "right" to demand

just whatever it chose. The really wise and high-minded statesmen

demanded for themselves nothing save justice; but they had to accomplish

their purpose by yielding somewhat to the prejudices of their more

foolish and less disinterested colleagues. It was better to limit the

duration of the slave trade to twenty years than to allow it to be

continued indefinitely, as would have been the case had the South

Atlantic States remained by themselves. The three fifths representation

of the slaves was an evil anomaly, but it was no worse than allowing the

small states equal representation in the Senate; indeed, balancing the

two concessions against each other, it must be admitted that Virginia

and North Carolina surrendered to New Hampshire and Rhode Island more

than they got in return.

No man who supported slavery can ever have a clear and flawless title to

our regard; and those who opposed it merit, in so far, the highest

honor; but the opposition to it sometimes took forms that can be

considered only as the vagaries of lunacy. The only hope of abolishing

it lay, first in the establishment and then in the preservation of the

Union; and if we had at the outset dissolved into a knot of struggling

anarchies, it would have entailed an amount of evil both on our race and

on all North America, compared to which the endurance of slavery for a

century or two would have been as nothing. If we had even split up into

only two republics, a Northern and a Southern, the West would probably

have gone with the latter, and to this day slavery would have existed

throughout the Mississippi valley; much of what is now our territory

would have been held by European powers, scornfully heedless of our

divided might, while in not a few states the form of government would

have been a military dictatorship; and indeed our whole history would

have been as contemptible as was that of Germany for some centuries

prior to the rise of the house of Hohenzollern.

The fierceness of the opposition to the adoption of the Constitution,

and the narrowness of the majority by which Virginia and New York

decided in its favor, while North Carolina and Rhode Island did not come

in at all until absolutely forced, showed that the refusal to compromise

on any one of the points at issue would have jeopardized everything. Had

the slavery interest been in the least dissatisfied, or had the plan of

government been a shade less democratic, or had the smaller States not

been propitiated, the Constitution would have been rejected off-hand;

and the country would have had before it decades, perhaps centuries, of

misrule, violence, and disorder.

Madison paid a very just compliment to some of Morris's best points when

he wrote, anent his services in the convention: "To the brilliancy of

his genius he added, what is too rare, a candid surrender of his

opinions when the light of discussion satisfied him that they had been

too hastily formed, and a readiness to aid in making the best of

measures in which he had been overruled." Although so many of his own

theories had been rejected, he was one of the warmest advocates of the

Constitution; and it was he who finally drew up the document and put the

finish to its style and arrangement, so that, as it now stands, it comes

from his pen.

Hamilton, who more than any other man bore the brunt of the fight for

its adoption, asked Morris to help him in writing the "Federalist," but

the latter was for some reason unable to do so; and Hamilton was

assisted only by Madison, and to a very slight extent by Jay.

Pennsylvania, the State from which Morris had been sent as a delegate,

early declared in favor of the new experiment; although, as Morris wrote

Washington, there had been cause to "dread the cold and sour temper of

the back counties, and still more the wicked industry of those who have

long habituated themselves to live on the public, and cannot bear the

idea of being removed from the power and profit of state government,

which has been and still is the means of supporting themselves, their

families, and dependents, and (which perhaps is equally grateful) of

depressing and humbling their political adversaries." In his own native

state of New York the influences he thus describes were still more

powerful, and it needed all Hamilton's wonderful genius to force a

ratification of the Constitution in spite of the stupid selfishness of

the Clintonian faction; as it was, he was only barely successful,

although backed by all the best and ablest leaders in the

community,--Jay, Livingstone, Schuyler, Stephen Van Rensselaer, Isaac

Roosevelt, James Duane, and a host of others.

About this time Morris came back to New York to live, having purchased

the family estate at Morrisania from his elder brother, Staats Long

Morris, the British general. He had for some time been engaged in

various successful commercial ventures with his friend Robert Morris,

including an East India voyage on a large scale, shipments of tobacco to

France, and a share in iron works on the Delaware River, and had become

quite a rich man. As soon as the war was ended, he had done what he

could do to have the loyalists pardoned and reinstated in their

fortunes; thereby risking his popularity not a little, as the general

feeling against the Tories was bitter and malevolent in the highest

degree, in curious contrast to the good-will that so rapidly sprang up

between the Unionists and ex-Confederates after the Civil War.

He also kept an eye on foreign politics, and one of his letters to Jay

curiously foreshadows the good-will generally felt by Americans of the

present day towards Russia, running: "If her ladyship (the Czarina)

would drive the Turk out of Europe, and demolish the Algerines and other

piratical gentry, she will have done us much good for her own sake; ...

but it is hardly possible the other powers will permit Russia to possess

so wide a door into the Mediterranean. I may be deceived, but I think

England herself would oppose it. As an American, it is my hearty wish

that she may effect her schemes."

Shortly after this it became necessary for him to sail for Europe on

business.

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