CHAPTER IV

FAILURE OF THE CONFEDERACY

Scarcely a failure of the Confederation Government can be found which

does not lead in the last analysis to the financial situation both

during and following the war. Suddenly plunged into the Revolutionary

War, drained of ready money by the colonial system, possessed of no

mines, mints, nor any resource for securing a medium of exchange except

an undependable paper promise to pay, the people of the United States

emerged from the war broken in purse and overwhelmed with debt.

According to Jefferson's estimate made at the time, they owed at least

sixty-eight millions of dollars. To this fruit of the war he added the

four hundred millions of paper money issued by the Federal and State

Governments, estimated, in its depreciated condition, at about

seventy-two millions more of debt. The ragged Continental soldiers,

frequently reduced to seven-tenths of a pound rations, their arrearages

of wages paid in Continental currency worth four pence on the dollar,

were now about to be discharged to return to their needy families

carrying only paper promises of the United States to pay. These

certificates could be disposed of only to brokers and that at ruinous

rates. What was to become of a veteran who was disabled? Congress had

already authorised the several States to look up needy soldiers of the

Continental service and pay them five dollars a month, such sums to

be deducted from the quotas assessed on the several States to meet the

general expenses. Seven States only had complied, and in these the

lists of needy ex-soldiers had been incompletely compiled.

Some soldiers held certificates entitling them to bounty lands in the

back country under the acts of 1776 and 1780, but had no means of

journeying thither. Small wonder that mutiny threatened.

"Can you consent to be the only sufferers by this revolution," asked the

insurrectionary Newburg addresses, the work of those unwilling to see

the army disbanded before being assured of receiving justice, "and,

retiring from the field, grow old in poverty, wretchedness, and contempt?

If you can--go--and carry with you the jest of Tories and the scorn of

Whigs--the ridicule and, what is worse, the pity of the world. Go--starve

--and be forgotten."

Eulogy has exhausted itself in praise of these Revolutionary veterans,

who eventually permitted their ranks to be disbanded, instead of joining

themselves together illegally to obtain justice, or subsisting

themselves upon the country at large. Praise has not been withheld

from their general, the Virginia soldier-farmer, who, instead of taking

advantage of the dissatisfaction to put himself at the head of an

insurrectionary force, chose rather to quiet rebellion and to inspire

confidence by his hopefulness.

No sooner had the war ceased and the army melted away, than it was

found that peace had its dangers no less than war. Released from the

menace of war, the States felt no necessity for paying their respective

quotas of expenses to the Central Government, as they had done in

varying degrees since the beginning of hostilities. The year following

the peace, they paid less than a million and a half of the eleven

million asked in previous assessments. Three States, it was claimed,

had paid comparatively nothing. Rhode Island and New Jersey, as if to

add insult to injury, attempted to pay their quotas in their paper

money, which was not received at par outside the States. Congress had

no power of coercion. According to the second of the Articles, each

State in the Confederation retained its sovereignty, freedom, and

independence. Congress could only make impotent appeals. Governor

Randolph, of Virginia, pictured the Congress as saying to his State:

"May it please your high mightinesses of Virginia to pay your just

proportionate quota of the national debt; we humbly supplicate that

it may please you to comply with your federal duties. We implore, we

beg your obedience."

[Illustration: A PETITION FROM CONGRESS TO THE STATES. Many such appeals

were issued at different times, begging the States in the Confederation

to give more power to the Central Government.]

The financial confusion was increased because of the lack of a

circulating medium. A mongrel collection of coins could be found,

passing at varying rates in the different States--English pounds,

shillings and pence, Spanish dollars, joes, half-joes, pistoles and

moidores, French guineas, carolins and chequins--but no United States

coins. Even this money was soon drawn off to Europe, because British

exporters demanded cash until the Revolutionary debts had been settled.

That this cash would return to the States was unlikely if one judged

from the first year of the peace, during which the United States

purchased 1,700,000 pounds worth of goods in England and sent in return

only 700,000 worth. In order to secure some kind of money to conduct

business, seven of the States began to issue paper money. The troubles

arising from a depreciated paper during the Revolution were neither

ignored nor forgotten; but no other method presented itself. Congress

had power to issue only "bills on the credit of the United States,"

which were not likely to be more acceptable than other kinds of paper.

The hopelessness of managing a bankrupt nation, no doubt, was largely

responsible for the deterioration which the membership of Congress

suffered. Names prominent at the inception of the rebellion had

disappeared from the rolls, and mediocrity ruled. The members personally

experienced the financial stringency in the failure of their State

Legislatures to pay their salaries. Many were dependent upon the

patriotic purse of Haym Salomon, "a Jew broker of Philadelphia," as

Madison termed him. There should have been a higher standard of

membership in the Confederation Congress than in later times, because

it comprised not only the usual legislative functions of the nation,

but the executive and judicial as well. The machinery itself was largely

to blame. Like many of the devices, that governing the Congress was

too strongly set against centralisation to allow free play of the

parts. No delegate, for instance, was allowed to serve more than three

years out of any six lest his influence grow too great or he become

unduly attached to the central power. It frequently happened that good

men were thus cast out of service just when their experience made them

valuable. Certain States forbade a man to serve two consecutive terms

in Congress. Madison was debarred by such a provision in 1784.

Delegates were appointed by the State Legislatures usually for a term of

one year to begin with the session on the first Monday of the following

November. The term would frequently expire when the State Legislature was

not in session, and the State would thus go unrepresented for some time.

If a delegate pleaded the emergency of the case and asked that the rule be

waived, as those from Rhode Island did at one time, Congress refused to

sanction such a palpable infraction of the Articles. Cases actually

occurred where delegates elect did not arrive at the seat of Government

until after the expiration of their term of appointment.

Absenteeism was the drag paramount upon Congressional action. No State

could be represented by less than two members and retain its power of

voting. If only one representative were present, he had no vote. If

only two were present, they might differ, in which case the State was

counted as "divided," and the vote was lost. Congress once sent a plea

to the States urging the necessity of having more than two delegates

present. It showed that if each State had only two representatives in

Congress, five out of the twenty-six delegates, being only one-fifth,

could negative any vote requiring the consent of nine States. Eleven

States were represented at the time, nine by two delegates only, and

thus it was possible, continued the report, for three men out of the

twenty-five, being only one-eighth, to block all action. If three

attended from each State, it would require ten, or one-third of the

whole, to have as much power.

The derelictness in attendance on some occasions was humiliating and

even alarming. When Washington appeared at Annapolis to resign his

commission as commander-in-chief, only seven States were represented

by the least required number. He faced twenty-one delegates instead

of the ninety-one from the thirteen States, who should have graced

this memorable occasion. The definitive treaty of peace lay on the

table at the time. Nine States were required by the Articles to be

present when a treaty was ratified. Unless ratified within six months

after it had been signed in Paris, it would be null and void. More

than half the precious time had already elapsed. With the greatest

difficulty, the required number was secured. Four years later, there

was no quorum for a period of three months, the representation at times

falling to two States. During the first eleven months of the year 1788,

a quorum was present only 129 days. Much of this delinquency was due

to the expense of maintaining the delegates which fell upon the

individual States. To make the burden as light as possible, two

delegates only were commonly sent. They were likely to disagree.

Manifestly the State in which the Congress sat avoided this difficulty,

because it could maintain a larger number of delegates at less expense.

To avoid this draft upon the needy treasuries, some of the States

adopted the expedient of choosing as representative a resident of the

city wherein was located for the moment the seat of government, or

some man who had the means and the willingness to serve without pay.

During quite a long period, Delaware was represented by three delegates,

only one of whom was a resident of the State. This was in accord with

the custom of British representation. It is interesting to imagine the

results if it had ever become fixed in the United States.

It may be truly said that the framers of the Articles could not have

expected a successful continuous sitting of so large a body of men.

They had not so planned it. The Articles provided that a Committee of

States could be appointed at any time, whenever the Congress as a whole

might wish to adjourn, by the delegates from each State naming one of

their number to serve in this capacity. This was the method of forming

a "grand committee" on any important business in Congress. The attempt

to give over national affairs to a Committee of States was made in the

spring of 1784, after the peace. One trial of the expedient was

sufficient. Only eleven States were represented at the time. From

these, eleven delegates were selected. According to Monroe, "their

powers are confined so that no injury can be effected." He referred

to the manner in which the Articles restricted the Committee. The

eleven celebrated the beginning of their administration by adjourning

for three weeks, "for the benefit of the health of the members." At

the end of this vacation, nearly two weeks were consumed in getting

nine of the Committee together. A month of regular sessions followed,

when suddenly the ever-present dissension concerning the place of

meeting broke out. The Southern members of the committee wished to

remain at Annapolis. The Northern members wished to adjourn to the

cooler climate of New Jersey.

The strife increased until, at the end of two months, the members from

New Hampshire, Massachusetts, and New Jersey withdrew. Being left

without a quorum, the remaining members signed a manifesto, placing

the blame on the seceders and departed for their several homes. Franklin

compared the action of the Committee to two lighthouse keepers who

quarrelled about the task of filling the lamp until the light went

out. "There will be an entire interregnum of the federal government

for some time against the intention of Congress, I apprehend, as well

as against every rule of decorum," wrote the indignant Madison. During

this interregnum, a chief clerk was acting as Secretary of Foreign

Affairs and General Knox was serving as Secretary of War. They were

the only visible parts of the National Government. Madison at first

thought that the Committee of States should be censured when Congress

reassembled, but, recognising discretion as the better part, suggested

that "we had also better keep this affair out of sight." It was so

done. The complete failure of this Committee of States scheme as an

executive makeshift was in the end fortunate since it demonstrated

clearly the need of a trustworthy and permanent head to the General

Government. If it had been even a partial success, it might have been

tried again and correction thereby delayed.

The provincialism of the day was well illustrated in the strife of the

Committee over the place of sitting. A similar controversy characterised

well-nigh the entire life of the Congress. Never a session could close

or an adjournment be had without this Banquo's ghost appearing. It was

feared that the State in which Congress met would in some way get an

undue influence and ascendency. At one time, to satisfy sectional

jealousy, it was compelled to provide two places of meeting, Annapolis

and Philadelphia, by turns. Cities were even projected in the country far

removed from State capital influence. In this unsettled condition, the

Congress wandered from place to place with insufficient accommodation. Van

Berckel, arriving as minister from Holland, could find no house for rent

at Princeton and was obliged to live at a tavern in Philadelphia. He

contrasted his reception with that given by his Government to John Adams a

few years previously. He reported that he hoped in time to locate the new

Government and present his credentials. "Vagabondising from one paltry

village to another," as Reed, one of their number, put it, the members

became a legitimate prey of boarding-house keepers and stablemen. Small

wonder that service in the State Governments was considered not only more

dignified, but more agreeable in these days of paramount State rights.

[Illustration: SIGNATURES TO AN ADDRESS OF THE INHABITANTS OF PRINCETON,

NEW JERSEY.]

That the capital of the United States to-day occupies a territory

independent of a State is the result of sad experience in these early

days. When Congress, in 1783, was driven from Philadelphia by some

rebellious State troops, who threatened force unless they received

their back pay, the village of Princeton was the refuge to which the

members fled. Some faithful Continental troops stationed there would

protect them. The citizens of the village, grateful for this gift of

the gods, prepared a list of families and the number of guests each

could accommodate. They also adopted a long set of resolutions,

deprecating the "gross indignities" offered to the Congress at

Philadelphia, and pledging with the utmost cheerfulness their lives

and fortunes to the Government of the United States. They promised to

protect Congress "in whatever way our services may be required, whether

in resisting Foreign Invasion or in quelling intestine Tumults." That

the National Government of the United States of America should be

offered protection by a small New Jersey village is indicative of the

progress which nationality had thus far made. Sentiment would in time

demand a permanent, independent home. Notwithstanding the prevalent

financial depression, small tendency toward economy was manifest among

the people or its officials. As long as credit held out, extravagance

would prevail. The war had been successfully closed, political freedom

had been won, and individual ease and affluence presumably secured.

Short-sighted fashion viewed her immediate gratification as the

concomitant of independence. Even the members of Congress were not

exempt from temptation. A Rhode Island delegate reported from Congress

sitting at Annapolis to the governor of his State:

"The horse races were attended here the week before last, and are all

over, as are also the balls, routs, fandangoes, and plays. I assure you

there has been a merry Winter in this place, according, at least, to

accounts for I have seen but little of their diversions. I did not even

look upon the horse races, although they were to be seen from the

windows in the back room of the State House: nor have I attended a

single play, although the theatre has been open twice a week the chief

part of the Winter, and the playhouse adjoins the house where I lodge."

Despite this virtuous conduct he did not escape a challenge sent by

a fellow-delegate from North Carolina and another from a Virginia

delegate. He promptly laid both communications before Congress and was

further ostracised.

The Congress was a close corporation. The public was not admitted to

its sessions, the debates were never published, and the proceedings

rarely appeared in the public prints. Its adjournment of both time and

place was so frequent and the beginning of new sessions so delayed

that news concerning it rarely found a place in the newspapers. This

was in marked contrast with its early history, when the assembling of

delegates at Philadelphia was described in great detail for those days.

Internal dissensions marked the sessions, as indicated by the experience

of Howell, of Rhode Island, described by himself above. Members bore

their obligations lightly. It was said that at one time when a

delegation of Indians arrived at Princeton to make a treaty, a member

left for Philadelphia to be married, thus breaking the quorum, and

almost precipitating an Indian war.

It is worthy of note that this experience with an executive-legislative-

judicial combination of National Government was sufficient to last for

all time. Amidst the many changes suggested for the Constitution of

the United States since it has been in effect, none has ever been

proposed which would hand over the powers of the president to a

Congress. Even Jefferson, alarmed by the growth of the executive

authority before 1800, never suggested a return to the method whereby

the whole administration was at the mercy of a quorum of Congress. The

Confederate States in 1861, exasperated into secession by the abuse

of the central power, retained the tripartite form in the Government

which they planned. Posterity learns by reading the lessons of history.

In the light of a later survey, one may discover many additional defects

in the ill-devised Articles of Confederation. Madison once summed up

their vices in the failure of the States to comply with the

constitutional requirements, in State encroachments of Federal

authority, in State violations of national law and treaties, in States

trespassing on the rights of each other, in want of concerted action,

in a lack of national guarantee against internal violence, in a want

of coercive power in the National Government and the omission of the

ratification of the Articles by the people. To these he added the

multiplicity, the mutability, and the injustice of many of the State

laws. Jefferson, separated by his residence at the court of France

from actual contact with the worst days of the Confederation, thought

the remaining States had a right to coerce a recalcitrant member "by

a naval force, as being easy, less dangerous to liberty, and less

likely to produce bloodshed." Yet a suggestion in 1781 for an amendment,

giving power to Congress to employ force in compelling States to obey

the Articles, met with no favour.

Monroe thought that the Articles were practicable and, with a few

alterations, the best plan that could be devised. Hamilton, on the

contrary, regarded them as hopeless. Even before they were adopted,

he predicted a speedy failure. They were "neither fit for war nor

peace," he declared. "They show chiefly a want of power in Congress."

Washington attributed the defects made in framing the Government to

too good an opinion of human nature. "Experience has taught us," he

said, "that men will not adopt and carry into execution measures the

best calculated for their own good, without the intervention of a

coercive power." He declared that requisitions made upon the States

by the central power became a perfect nullity when thirteen sovereign,

independent, disunited States were in the habit of discussing and

refusing compliance with them at their option.

"To vest legislative, judicial and executive powers in one and the same

body of men and that, too, in a body daily changing its members can

never three great departments of sovereignty should be for ever

separated and so distributed as to serve as checks on each other."

He would even go farther in giving power to the Central Government.

"As to the separate Legislatures, I would have them considered with

relation to the Confederacy in the same light in which counties stand

to the State of which they are parts, viz., merely as districts to

facilitate the purposes of domestic order and good government." Hamilton

shared with Jay a willingness to take such liberties with local rights

to secure a more effective National Government.

Such sentiment among public men should have brought about a speedy

amendment of the defective parts of the Articles. But, as Washington

once said, the people were not yet sufficiently misled. Attempt after

attempt was made to secure the necessary unanimous consent to an

amendment. Congress begged the States to give over to it the collection

of an impost or duty for a limited number of years or for a limited

per cent.; to give to it authority to regulate foreign vessels in

American ports; and to refrain from levying discriminating duties among

themselves. The unanimous consent required by the Articles to make any

amendment blocked these and all other proposed reforms. Sometimes

twelve States would agree, but before the thirteenth could be won over,

another would withdraw its consent. On one occasion, when Rhode Island

alone held out, her delegates in Congress wrote to the governor of the

State that their "reasonable and firm stand against the all-grasping

hand of power in the case of duties had saved the United States!"

Connecticut protested that such an addition to the functions of Congress

as the collection of an impost would at one stroke vest that body with

the power of the sword and the purse, and leave nothing of the

individual States but an empty name. Others argued that with 320 million

acres of land, which would bring an average of at least one dollar an

acre, the General Government needed no other source of revenue.

Unanimous consent to an amendment could never be secured. This was the

lesson taught by the attempts.

Aside from the difficulties arising from the defects of the

Confederation experiment, the disorders in the national body were

simply reflections of the turbulent spirit prevalent at the time.

Suddenly emerged from the restraining hand of a mother country,

misinterpreting the meaning of independence, confounding liberty with

license, having lost the law-abiding sense in the treatment of the

Tories, grown only too accustomed to the pleasures of mob law, the

people were passing through the reassembling period which always follows

a civil war. Peace is the normal condition of a people; war is the

abnormal. Restraint, taxation, and obedience, it was supposed, had

passed away with royalty and kingly prerogative. "Taxes and relaxed

government agree but ill," observed the laconic Jay. From South

Carolina, Edward Rutledge wrote to him, "It is really very curious to

observe how the people of this world are made the dupes of a word.

'Liberty' is the motto; every attempt to restrain licentiousness or

give efficacy to government is charged audaciously on the real advocates

of freedom as an attack on liberty."

Visionists indulged their hopes of universal happiness. The rebellion

which Captain Daniel Shays, officer in the late Revolutionary army,

headed in Massachusetts was aimed directly at closing the courts and

preventing the issuing of writs to sell mortgaged farms. But Knox wrote

Washington that the creed of the insurgents was that the property of

the United States had been saved from Britain by the exertions of all

the people and therefore ought to be the common property of all; and

that they were determined to annihilate all debts, public and private,

and to have agrarian laws, which could be easily effected by the means

of unfunded paper money; and that this money should be a legal tender

in all cases whatever. The madness had spread to New Hampshire,

Connecticut, and Rhode Island, according to Knox, embracing a total

of twelve or fifteen thousand "desperate and unprincipled men."

Wild-eyed enthusiasts in Rhode Island secured the passage of an

"iron-clad oath" to the effect that paper money was as good as gold

or silver coin--"compelling people to embrace the doctrine of political

transubstantiation of paper into gold and silver," as Jay put it. The

militia had to be called out in New Hampshire to disperse a mob

besieging the State Legislature at Exeter. "The mob clamoured," said

a contemporary, "some for paper money, some equal distribution of

property, some annihilation of debts, some rebate of all taxes, and

all clamoured against law and government." The disorder spread to

Virginia. "In several counties the prisons and court houses and clerks'

offices have been wilfully burnt. In Green Briar, the course of justice

has been mutinously stopped and associations are entered into against

the payment of taxes," wrote Madison to Jefferson in France.

Neither those who caused these troubles, nor those who wept over them,

as did Mrs. John Adams in France when news of Shays's Rebellion reached

her, could foresee the blessings which would follow; that these eight

years of individualism were to form an argument for nationalism to be

handed down by intuition to future generations. At the time it seemed

that nothing but a miracle could save the Union. "Our affairs seem to

lead to some crisis, some revolution--something I cannot foresee or

conjecture--I am uneasy and apprehensive; more so than during the war."

Jay was never given to exaggeration of thought or expression; he must

have been deeply impressed to write those words to Washington. "What

a triumph for the advocates of despotism to find that we are incapable

of governing ourselves," replied the equally conservative farmer of

Mt. Vernon, "and that systems founded on the basis of equal liberty

are merely ideal and fallacious." To Jefferson in France, Washington

confessed that the General Government, if it could be called a

government, was shaken to its foundation, and that unless a remedy

were soon applied anarchy would inevitably ensue. "The question whether

it be possible and worth while to preserve the union of the States

must be speedily decided some way or other." said Madison. "If some

strong props are not applied, it will quickly tumble to the ground."

He thought he detected a propensity to return to monarchy in some

leading minds; but he thought that "the bulk of the people would

probably prefer the lesser evil of a partition of the union into three

more practicable and energetic governments." Monroe, always inclined

to be suspicious of the Northern section, was "certain" that conferences

were held in New York between New Englanders and New Yorkers upon the

subject of the separation of the States east of the Hudson and their

erection into a separate government.

Franklin, appearing in the midst of these disorders from his nine

years' residence in France, felt the necessity of counteracting the

despairing feeling among the friends of America in Europe and of

checking the rejoicing among her enemies. He, therefore, filled his

letters with descriptions of American prosperity, crops, prices, and

happiness. "In short," he wrote, "all among us may be happy, who have

happy dispositions, such being necessary to happiness even in Paradise."

At the same time, acting in his new station as president of the State

of Pennsylvania, he was endeavouring to arrest "a number of disorderly

people" who had collected near the line separating Pennsylvania and

New York. "They are impatient of regular government," he wrote in

seeking the co-operation of the governor of New York, "and seize upon

and presume to dispose of lands contrary to and in defiance of the

laws. Their number is recruited daily by vagabonds from all quarters."

The disorder arose from the long-standing controversy between

Pennsylvania and Connecticut over possession of the Wyoming valley--a

dispute which the Federal Government had been unable to settle.

The general public had long since lost respect for the National

Government and its Congress. Even Washington referred to it as the

half-starved, limping Government, that appears always moving upon

crutches and tottering at every step. The chief difficulty was not to

ascertain the remedies needed, but how to apply them. As early as 1780,

Hamilton had thought Congress had the right to reassume the powers of

sovereignty it had appropriated with the silent consent of the States

during the pressing times of the war; or, if the application must be

external, that the people might meet in a convention of delegates

empowered and instructed to conclude a new and effective federation.

Few were ready to go as far as the impetuous Hamilton in thus virtually

overthrowing the "Articles of perpetual union" which were legally

binding although inefficient. To amend them according to their own

provisions would be legitimate if it could be accomplished.

[Illustration: SIGNATURES OF DELEGATES TO ANNAPOLIS CONVENTION.

Hamilton, Reed, Dickinson, Randolph, and Madison were the most prominent

members of this abortive meeting, which led eventually to the

Philadelphia Convention.]

This was considered by the majority of people the proper method; but

when the experiment was tried at Annapolis in 1786 of a meeting of

commissioners to devise a uniform regulation of trade and to report

such an amendment to their States for ratification, only twelve

delegates could be gotten together representing five States. Even the

State of Maryland, in which the meeting was held, failed to send a

representation. Each of the delinquent States had an excuse. The

commissioners who did go to Annapolis, headed by Hamilton, Dickinson,

and Madison, could only issue an appeal for another meeting of delegates

from the several States the following year in the more central city

of Philadelphia, empowered to consider not only the commercial troubles

but to "devise such further provisions as shall appear to them necessary

to render the constitution of the Federal Government adequate to the

exigencies of the Union."

It can scarcely be said that the failure at Annapolis was either a

surprise or a disappointment, because few had expected success. "The

expedient is no doubt liable to objections," said Madison, one of the

Virginia delegates, "and will probably miscarry. I think, however, it

is better than nothing." The object was unfortunately limited to

considering the commercial friction between the States and to regulating

their foreign relations. The conviction had become general that only

an extended amendment of the frame of National Government could correct

the difficulties in the commercial functions and in many other needed

particulars. The thought that the proposed convention, if the

proposition should be generally taken up, would include such a revision

of the Articles of Confederation, served also to soften the blow of

the Annapolis failure.

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