CHAPTER II

A SURVEY OF ECONOMIC INTERESTS IN 1787

The whole theory of the economic interpretation of history rests upon

the concept that social progress in general is the result of contending

interests in society—some favorable, others opposed, to change. On this

hypothesis, we are required to discover at the very outset of the

present study what classes and social groups existed in the United

States just previous to the adoption of the Constitution and which of

them, from the nature of their property, might have expected to benefit

immediately and definitely by the overthrow of the old system and the

establishment of the new. On the other hand, it must be discovered which

of them might have expected more beneficial immediate results, on the

whole, from the maintenance of the existing legal arrangements.

The importance of a survey of the distribution of property in 1787 for

economic as well as political history is so evident that it is strange

that no attempt has been made to undertake it on a large scale. Not even

a beginning has been made. It is, therefore, necessary for us to rely

for the present upon the general statements of historians who have

written more or less at length about the period under consideration; but

in the meanwhile it can do no harm to suggest, by way of a preface, the

outlines of such a survey and some of the chief sources of information.

I. In the first place, there were the broad interests of real property

which constituted, in 1787, a far larger proportion of all wealth than

it does at the present time. The size, value, and ownership of holdings

and their geographical distribution ought to be ascertained. In the

absence of a general census, the preparation of such an economic survey

would entail an enormous labor, and it could never be more than

approximately complete. Neither the census of 1790 nor the assessment

for direct taxes under the law of 1798 covers this topic. The assessment

rolls of the several states for taxation, wherever available, would

yield the data desired, at least in part; but a multitude of local

records would have to be consulted with great scrutiny and critical

care.

II. In order to ascertain the precise force of personalty in the

formation and adoption of the Constitution, it would be necessary to

discover not only the amount and geographical distribution[27] of money

and public securities; but also the exact fields of operation in which

personalty looked for immediate and prospective gains. A complete

analysis of the economic forces in the Constitution-making process would

require the following data:—

1. The geographic distribution of money on hand and loaned and the names

of the holders. It is apparent that much of the material from which

evidence on these points may be obtained has disappeared; but an

intensive study of the tax returns of the states, the records of the

local assessors, wills probated, mortgages recorded, and suits in courts

over loans and mortgages, would no doubt produce an immense amount of

illuminating information.

2. The geographic distribution and ownership of the public securities.

Fortunately the unpublished and unworked records of the Treasury

Department at Washington throw great light on this fundamental problem.

Shortly after the federal government was established the old debt was

converted into a new consolidated, or funded, debt; and holders of

public securities, state and continental, brought their papers to their

local loan office (one for each state) or to the Treasury to have them

recorded and transformed into the stocks of the new government.

The records of this huge transaction (which was the first really great

achievement of nascent capitalism in the United States), if they had

been kept intact, would constitute, perhaps, the most wonderful single

collection on economic history ever possessed by any country. Were they

complete, they would form a veritable Domesday Book of the politics

during the first years of the new government. But unfortunately they are

not complete. The records of Hamilton’s administration at the Treasury

itself seem to have largely disappeared, and the records of the loan

offices in the several states are generally fragmentary, although in one

or two instances they are indeed monumental.

A complete set of these financial documents should show: (1) the owners

of certificates of the old government as issued, during the Revolution

and afterward, to original holders; (2) the transfers of certificates

from original holders to other parties; (3) the names of those who held

certificates in 1787, when the Convention was called to frame the

Constitution; (4) the records of transactions in stocks between the

announcement of the Convention’s work and the adoption of Hamilton’s

funding system; (5) the names of those who brought in securities for

funding into the new debt; (6) the names of those for whom the brokers,

whose names appear on the loan office books, were, in fact, operating.

None of the records preserved at the Treasury Department presents all of

the evidence required for the scientific study of a single state. Nearly

one-third of the operations were at the Treasury and of these only a

meagre fragment seems to have escaped the ravages of time. In the

documents of some of the commonwealths, however, it is possible to

ascertain the names of hundreds of patriots who risked their money in

original certificates or received certificates for services rendered.

The books of a few loan offices are so kept that it can be easily

discovered who brought in securities to be funded into the new debt and

also to whom these securities were originally issued.

In some states the ledgers were carefully preserved and it is possible

to find out the names and addresses of the holders of securities funded

at the local loan office and the amount held by each person. The ledgers

of Connecticut, for example, offer a rich field for the study of the

names and geographical distribution of public creditors, and the tracing

of these interests through their myriad local ramifications would afford

an interesting and profitable undertaking. But unfortunately multitudes

of the most significant operations are forever lost; it is to be

particularly deplored that the “powers of attorney” for the period are

not forthcoming. Unless the Government at Washington follows the example

of enlightened administrations in Europe and establishes a Hall of

Records, the precious volumes which have come down to us will be worked

only with great difficulty, if they do not disintegrate and disappear

altogether.[28]

3. The geographic distribution of small mortgaged farms and their

connection with various schemes for depreciation of the currency and

impairment of the obligation of contract. No doubt work in local records

would yield valuable results in this field.

4. Owners and operators in western lands. Speculation in western lands

was one of the leading activities of capitalists in those days. As is

well known, the soldiers were paid in part in land scrip and this scrip

was bought up at low prices by dealers, often with political

connections. Furthermore, large areas had been bought outright for a few

cents an acre and were being held for a rise in value. The chief

obstacle in the way of the rapid appreciation of these lands was the

weakness of the national government which prevented the complete

subjugation of the Indians, the destruction of old Indian claims, and

the orderly settlement of the frontier. Every leading capitalist of the

time thoroughly understood the relation of a new constitution to the

rise in land values beyond the Alleghanies. This idea was expressed, for

example, by Hugh Williamson, a member of the Convention from North

Carolina and a land speculator in a letter to Madison.[29] The materials

for the study of land operations exist in enormous quantities, largely

in manuscript form in Washington; and a critical scrutiny of the

thousands of names that appear on these records, in their political

relations, would afford results beyond all measure. Here, too, is the

work for a lifetime.

5. The geographic distribution of manufacturing establishments and the

names of owners and investors. On this important topic a mass of printed

and manuscript materials exists, but no attempt has yet been made to

catalogue the thousands of names of persons with a view to establishing

political connections. To produce the materials for this study, searches

must be made in the local records from New Hampshire to Georgia. Wills

probated, transfers of property, law suits, private papers,

advertisements in newspapers, shipping records, Hamilton’s

correspondence in the Manuscript Division of the Library of Congress,

unclassified Treasury Records and correspondence, and innumerable other

sources must be searched and lists of names and operations made.

Pending the enormous and laborious researches here enumerated, the

following pages are offered merely as an indication of the way in which

the superficial aspects of the subject may be treated.[30] In fact, they

sketch the broad outlines of the study which must be filled in and

corrected by detailed investigations.

THE DISFRANCHISED

In an examination of the structure of American society in 1787, we first

encounter four groups whose economic status had a definite legal

expression: the slaves, the indented servants, the mass of men who could

not qualify for voting under the property tests imposed by the state

constitutions and laws, and women, disfranchised and subjected to the

discriminations of the common law. These groups were, therefore, not

represented in the Convention which drafted the Constitution, except

under the theory that representation has no relation to voting.

How extensive the disfranchisement really was cannot be determined.[31]

In some states, for instance, Pennsylvania and Georgia, propertyless

mechanics in the towns could vote; but in other states the freehold

qualifications certainly excluded a great number of the adult males.

In no state, apparently, had the working-class developed a consciousness

of a separate interest or an organization that commanded the attention

of the politicians of the time. In turning over the hundreds of pages of

writings left by eighteenth-century thinkers one cannot help being

impressed with the fact that the existence and special problems of a

working-class, then already sufficiently numerous to form a considerable

portion of society, were outside the realm of politics, except in so far

as the future power of the proletariat was foreseen and feared.[32]

When the question of the suffrage was before the Convention, Madison

warned his colleagues against the coming industrial masses: “Viewing the

subject in its merits alone, the freeholders of the Country would be the

safest depositories of Republican liberty. In future times a great

majority of the people will not only be without landed, but any other

sort of property. These will either combine under the influence of their

common situation; in which case,[33] the rights of property and the

public liberty will not be secure in their hands, or, which is more

probable, they will become the tools of opulence and ambition; in which

case there will be equal danger on another side.”[34]

So far as social policy is concerned, however, the working-class problem

had not made any impression on the statesmen of the time. Hamilton in

his report on manufactures,[35] dismisses the subject with scant notice.

He observes that one of the advantages of the extensive introduction of

machinery will be “the employment of persons who would otherwise be

idle, and in many cases, a burthen on the community, either from bias of

temper, habit, infirmity of body, or some other cause, indisposing or

disqualifying them for the toils of the country. It is worthy of remark,

that, in general, women and children are rendered more useful, and the

latter more early useful, by manufacturing establishments, than they

would otherwise be. Of the number of persons employed in the cotton

manufactories of Great Britain, it is computed that four-sevenths,

nearly, are women and children; of whom the greatest proportion are

children, many of them of a tender age.” Apparently this advantage was,

in Hamilton’s view, to accrue principally to the fathers of families,

for he remarks: “The husbandman himself experiences a new source of

profit and support, from the increased industry of his wife and

daughters, invited and stimulated by the demands of the neighboring

manufactories.”

Passing beyond these groups which were politically nonexistent, except

in so far as those who possessed the ballot and economic power were

compelled to safeguard their rights against assaults from such quarters,

we come to the social groupings within the politically enfranchised

mass. Here we find no legal class distinctions. Social distinctions were

very sharp, it is true, as every student of manners and customs well

knows; but there were no outward legal signs of special class

privileges.

GROUPS OF REAL PROPERTY HOLDERS

Nevertheless, the possessors of property were susceptible of

classification into several rather marked groups, though of course they

shade off into one another by imperceptible gradations. Broadly

speaking, there were the interests of real and personal property. Here,

however, qualifications must be made. There was no such identity of

interest between the large planters and the small inland farmers of the

south as existed in England between the knights and yeomen. The real

property holders may be classified into three general groups: the small

farmers, particularly back from the sea-coast, scattered from New

Hampshire to Georgia, the manorial lords, such as we find along the

banks of the Hudson,[36] and the slaveholding planters of the south.

1. The first of these groups, the small farmers, constituted a

remarkably homogeneous class. The inland section was founded and

recruited by mechanics, the poorer whites, and European (particularly

Scotch-Irish) immigrants. It had peculiar social and political views

arising from the crude nature of its environment, but its active

political doctrines were derived from an antagonism to the seaboard

groups. One source of conflict was connected with the possession of the

land itself. Much of the western country had been taken up by

speculators and the settlers were either squatters or purchasers from

large holders. This is illustrated by the situation in Virginia, where,

as Ambler points out, “liberality in granting her unoccupied lands did

not prove to be good policy. True, large numbers of settlers were early

attracted to the state, where they made permanent homes, but much of the

land fell into the hands of speculators. Companies were formed in Europe

and America to deal in Virginia lands, which were bought up in large

tracts at the trifling cost of two cents per acre. This wholesale

engrossment soon consumed practically all the most desirable lands and

forced the home seeker to purchase from speculators or to settle as a

squatter.”[37] As the settler sought to escape from the speculator by

moving westward, the frontier line of speculation advanced.

In addition to being frequently in debt for their lands, the small

farmers were dependent upon the towns for most of the capital to develop

their resources. They were, in other words, a large debtor class, to

which must be added, of course, the urban dwellers who were in a like

unfortunate condition.

That this debtor class had developed a strong consciousness of identical

interests in the several states is clearly evident in local politics and

legislation.[38] Shays’ Rebellion in Massachusetts, the disturbances in

Rhode Island, New Hampshire, and other northern states, the activities

of the paper-money advocates in state legislatures, the innumerable

schemes for the relief of debtors, such as the abolition of

imprisonment, paper money, laws delaying the collection of debts,

propositions requiring debtors to accept land in lieu of specie at a

valuation fixed by a board of arbitration,—these and many other schemes

testify eloquently to the fact that the debtors were conscious of their

status and actively engaged in establishing their interest in the form

of legal provisions. Their philosophy was reflected in the writings of

Luther Martin, delegate to the Convention from Maryland, who disapproved

of the Constitution, partly on the ground that it would put a stop to

agrarian legislation.[39]

2. The second group of landed proprietors, the manorial lords of the

Hudson valley region, constituted a peculiar aristocracy in itself and

was the dominant class in the politics of New York during the period

between the Revolution and the adoption of the Constitution, as it had

been before the War. It was unable or unwilling to block the emission of

paper money, because the burden of that operation fell on the

capitalists rather than itself. It also took advantage of its

predominance to shift the burden of taxation from the land to

imports,[40] and this fact contributed powerfully to its opposition to

the Constitution, because it implied a transference of the weight of

taxation for state purposes to the soil. Its spokesmen indulged in much

high talk of state’s rights, in which Federalist leaders refused to see

more than a hollow sham made to cover the rural gentry’s economic

supremacy.

3. The third group of landed proprietors were the slave-holders of the

south. It seems curious at the first glance that the representatives of

the southern states which sold raw materials and wanted competition in

shipping were willing to join in a union that subjected them to

commercial regulations devised immediately in behalf of northern

interests. An examination of the records shows that they were aware of

this apparent incongruity, but that there were overbalancing

compensations to be secured in a strong federal government.[41]

Money-lending and the holding of public securities were not confined to

the north by any means; although, perhaps, as Calhoun long afterward

remarked,[42] the south was devoid of some of the artifices of commerce

which characterized New England. Neither were attempts at relieving

debtors by legislative enactment restricted to Massachusetts and Rhode

Island. The south had many men who were rich in personalty, other than

slaves, and it was this type, rather than the slaveholding planter as

such, which was represented in the Convention that framed the

Constitution. The majority of the southern delegates at Philadelphia in

1787 were from the towns or combined a wide range of personalty

operations with their planting. On this account there was more identity

of interest among Langdon of Portsmouth, Gerry of Boston, Hamilton of

New York, Dayton of New Jersey, Robert Morris of Philadelphia, McHenry

of Baltimore, Washington on the Potomac, Williamson of North Carolina,

the Pinckneys of Charleston, and Pierce of Savannah than between these

several men and their debt-burdened neighbors at the back door. Thus

nationalism was created by a welding of economic interests that cut

through state boundaries.

The southern planter was also as much concerned in maintaining order

against slave revolts as the creditor in Massachusetts was concerned in

putting down Shays’ “desperate debtors.” And the possibilities of such

servile insurrections were by no means remote. Every slave-owner must

have felt more secure in 1789 when he knew that the governor of his

state could call in the strong arm of the federal administration in case

a domestic disturbance got beyond the local police and militia. The

north might make discriminatory commercial regulations, but they could

be regarded as a sort of insurance against conflagrations that might

bring ruin in their train. It was obviously better to ship products

under adverse legislation than to have no products to ship.

GROUPS OF PERSONAL PROPERTY INTERESTS

A second broad group of interests was that of personal property as

contrasted with real property. This embraced, particularly, money

loaned, state and continental securities, stocks of goods, manufacturing

plants, soldiers’ scrip, and shipping. The relative proportion of

personalty to realty in 1787 has not been determined and it is

questionable whether adequate data are available for settling such an

important matter.[43]

PERSONALTY IN MONEY.—Although personalty in the form of money at

interest or capital seeking investment did not constitute in 1787

anything like the same amount, relative to the value of real estate,

which it does to-day, it must not be thought that it was by any means

inconsiderable in any state. The tax returns of New Hampshire for 1793

report the value of all buildings and real estate as £893,327:16:10 and

the amount of money on hand or at interest as £35,985:5:6. The

Massachusetts tax returns of 1792 show £196,698:4:6 at interest and

£95,474:4:5 on hand. The Connecticut returns for 1795 show £63,348: 10:1

at interest.[44]

Money capital was suffering in two ways under the Articles of

Confederation. It was handicapped in seeking profitable outlets by the

absence of protection for manufactures, the lack of security in

investments in western lands, and discriminations against American

shipping by foreign countries. It was also being positively attacked by

the makers of paper money, stay laws, pine barren acts, and other

devices for depreciating the currency or delaying the collection of

debts. In addition there was a widespread derangement of the monetary

system and the coinage due to the absence of uniformity and stability in

the standards.[45]

Creditors, naturally enough, resisted all of these schemes in the state

legislatures, and failing to find relief there at length turned to the

idea of a national government so constructed as to prevent laws

impairing the obligation of contract, emitting paper money, and

otherwise benefiting debtors. It is idle to inquire whether the rapacity

of the creditors or the total depravity of the debtors (a matter much

discussed at the time) was responsible for this deep and bitter

antagonism. It is sufficient for our purposes to discover its existence

and to find its institutional reflex in the Constitution. It was to the

interest of the creditors to see the currency appreciate, to facilitate

the process for securing possession of forfeited mortgaged property, and

to hold the rigor of the law before the debtor who was untrue to his

obligations. Whether the creditors were driven into class consciousness

by the assaults of their debtors or attained it by the exercise of their

wits is, for scientific purposes, immaterial.

PERSONALTY IN PUBLIC SECURITIES.—Even more immediately concerned in the

establishment of a stable national government were the holders of state

and continental securities. The government under the Articles of

Confederation was not paying the interest on its debt and its paper had

depreciated until it was selling at from one-sixth to one-twentieth of

its par value.[46] Grave uncertainties as to the actions of legislatures

kept state paper at a low price, also, even where earnest attempts were

being made to meet the obligations.

The advantage of a strong national government that could discharge this

debt at its face value is obvious; and it was fully understood at the

time. The importance of this element of personalty in forcing on the

revolution that overthrew the Articles of Confederation is all the more

apparent when it is remembered that securities constituted a very large

proportion of the intangible wealth. In Massachusetts, for example, it

is set down in 1792 at a sum greater than all the money at interest and

on hand in the state.[47]

The amount of the public securities of the United States and of the

several states at the establishment of the new government was estimated

by Hamilton, in his first report on credit, as Secretary of the

Treasury.[48] The foreign debt, that is, money borrowed abroad, was

fixed at $10,070,307 and arrears of interest up to December, 1789, were

estimated at $1,640,071.62, making a total of $11,710,378.62. The

domestic continental debt, including the registered debt, army

certificates, etc., amounted to $27,383,917.74, to which was added

arrears of interest to the amount of $13,030,168.20, making a total of

$40,414,085.94. The amount of the state debts was unknown in 1790, but

Hamilton placed it at about $25,000,000, which appears to have been

rather high. The issue, later authorized to cover them, was $21,500,000

and the amount actually paid out was $18,271,786.47.[49]

The enormous total of the national debt after state and national

securities were funded is shown by Hamilton’s report of January 16,

1795:—

Foreign Debt $13,745,379.35

Funded domestic debt 60,789,914.18

Unsubscribed debt 1,561,175.14

────────────────────────────────────

Total unredeemed debt $76,096,468.67

In addition to this sum, there was an amount of $1,400,000 due to the

Bank of the United States on account of the loan from that institution,

but this was more than counterbalanced by the value of the stock.[50]

It is evident from this statement that a vast mass of state and

continental securities was scattered throughout the country in 1787. The

degree of its concentration or distribution cannot be determined until

the Domesday Books of the Treasury Department have been carefully

studied, and their incompleteness makes an absolute statement

impossible. The value of this paper in the hands of the holders in the

spring when the Convention met cannot be ascertained with mathematical

precision, for prices varied from state to state. Furthermore, the

prices obtained by the holders of public paper after Hamilton’s funding

system had gone into effect can only be roughly estimated, for it

depends upon the market in which they were sold. For example, 6 per

cents were bringing 17 shillings in the pound on March 5, 1791, and 22

shillings in the pound on October 3, 1792. On these dates, deferred

sixes were 9/1 and 13/7, respectively, and 3 per cents were 9/1 and

13/1, respectively.[51]

If we leave out of account the foreign debt, it appears that some

$60,000,000 worth of potential paper lay in the hands of American

citizens in the spring of 1787. This paper was changing hands all of the

time at varying prices. The common selling price in good markets before

the movement for the Constitution got under way ranged from one-sixth to

one-tenth its face value; and some of it sold as low as twenty to one.

In fact, many holders regarded continental paper as worthless, as it

might have been had the formation of the Constitution been indefinitely

delayed. It seems safe to hazard a guess, therefore, that at least

$40,000,000 gain came to the holders of securities through the adoption

of the Constitution and the sound financial system which it made

possible. This leaves out of account the large fortunes won by the

manipulation of stocks after the government was established and

particularly after the founding of the New York Stock Exchange in

1792.[52]

It should be pointed out, however, that this was not all gain for the

original holders of public paper, that is, for those who had loaned the

Revolutionary government money or had rendered it services during the

War. Nevertheless, they would have lost all their continental securities

under the prevailing methods of the Congress. As Pitkin points out, “The

interest of the debt was unpaid, public credit was gone, the debt itself

was considered of little value, and was sold at last by many of the

original holders for about one-tenth of its nominal value.”[53] From

this point of view, the appreciation due to the adoption of the new

government was so much clear gain, even to original holders; and in some

states more than one-half of the paper had passed into the hands of

speculators at low figures.

The significance of this huge national debt and of the enormous gain

made in the appreciation of securities can be understood only in

comparison with other forms of wealth at that time. Unfortunately, our

statistics for the period of the formation of the Constitution are

meagre, but under an act of Congress passed in 1798 a valuation of lands

was made for the purposes of direct taxation. The surveys were made

between the years 1798 and 1804. The following table[54] exhibits the

value of lands (not including houses, which amounted to more than

$140,000,000 in addition) in each of the states at the close of the

eighteenth century, and also the amount of money paid out by the loan

offices of the respective states for the year 1795 in discharging the

interest on the public debt and the payment of 2 per cent towards the

reimbursement of the 6 per cent stocks held in the several

commonwealths:—

═══════════════════════╤═══════════════════════╤═══════════════════════

│ │ INTEREST, ETC.,

│ VALUE OF LANDS │ DISBURSED[55]

───────────────────────┼───────────────────────┼───────────────────────

New Hampshire │ $19,028,108.03│ $20,000.00

Massachusetts │ 59,445,642.64│ 309,500.00

Rhode Island │ 8,082,355.21│ 31,700.00

Connecticut │ 40,163,955.34│ 79,600.00

Vermont │ 15,165,484.02│

New York │ 74,885,075.69│ 367,600.00

New Jersey │ 27,287,981.89│ 27,350.00

Pennsylvania │ 72,824,852.60│ 86,379.19

Delaware │ 4,053,248.42│ 2,980.00

Maryland │ 21,634,004.57│ 74,000.00

Virginia │ 59,976,860.04│ 62,300.00

North Carolina │ 27,909,479.70│ 3,200.00

South Carolina │ 12,456,720.94│ 109,500.00

Georgia │ 10,263,506.95│ 6,800.00

Kentucky │ 20,268,325.07│

Tennessee │ 5,847,562.00│

───────────────────────┼───────────────────────┼───────────────────────

Total │ $479,293,263.13│ $1,180,909.19

═══════════════════════╧═══════════════════════╧═══════════════════════

Footnote 55:

No table showing the capital amount of the loan office books of the

states after the funding was complete was discovered, so that interest

payment is given here.

To the total amount of payments made through the loan offices must be

added the payments made at the Treasury on the securities registered

there, bringing the total annual interest and capital disbursements to

$2,727,959.07.

It seems safe to assume from the table that $400,000,000 would cover the

total taxable value of all the lands in the thirteen states in 1787.[56]

Very probably the estimate should be much lower, but letting the figures

stand at this amount, it will be seen that an advance of $40,000,000 in

securities would have represented one-tenth of the total taxable value

of all the land in the thirteen United States at the time of the

formation of the Constitution.

To put the matter in another way: The amount gained by public security

holders through the adoption of the new system was roughly equivalent to

the value of all the lands as listed for taxation in Connecticut. It was

but little less than the value of the lands in New Hampshire, Vermont,

and Rhode Island. It was about equivalent to one-half the value of the

lands in New York and to two-thirds the value of the lands in

Massachusetts. It amounted to at least ten dollars for every man, woman,

and child in the whole United States from New Hampshire to Georgia.[57]

The significance of the figures showing the annual interest disbursement

also when the debt had been funded becomes evident only by comparison.

Tench Coxe, as commissioner of the revenue, estimated the amount of

goods, wares, and merchandise exported from the United States between

October 1, 1791, and September 30, 1792, at $21,005,568. In other words,

the annual interest on the domestic debt was more than one-tenth the

total value of the goods exported annually. The average imports for each

of the three years ending March 4, 1792, was $19,150,000, so that the

interest on the domestic debt was more than one-tenth of the value of

the goods imported into the United States.[58]

One of the most potent effective forces of these public securities was

the Society of the Cincinnati which was composed of the officers of the

Revolutionary Army organized into local branches in the several states.

Like other soldiers, the members of this order had been paid for their

patriotic services partly in land warrants and depreciated paper; but

unlike the privates, they were usually men of some means and were not

compelled to sacrifice their holdings to speculators at outrageously low

prices. The members of this Society appear in large numbers on the loan

office records of the several states preserved in the Treasury

Department; and many, if not all, of the state branches had funds

derived from this source.

The political influence of the Society was recognized in the Convention.

When the popular election of President was under consideration, Gerry

objected to it. “The ignorance of the people,” he said, “would put it in

the power of some one set of men dispersed through the Union and acting

in concert to delude them into any appointment. He observed that such a

Society of men existed in the Order of the Cincinnati. They were

respectable, United, and influential. They will in fact elect the chief

Magistrate in every instance, if the election be referred to the

people—His respect for the characters composing this Society could not

blind him to the danger and impropriety of throwing such a power into

their hands.”[59] In this view Colonel Mason concurred.[60]

An observant French chargé d’affaires, writing to his home secretary of

state for foreign affairs in June, 1787, calls attention to the weight

of the Order of the Cincinnati in the movement for a new government, but

remarks that their power has been greatly exaggerated. “Les Cincinnati,”

he says, “c’est à dire les officiers de l’ancienne armée américaine,

sont intéressés à l’éstablissement d’un Gouvernement solide, puisqu’ils

sont tous créanciers du public, mais, considérant la foiblesse du

Conseil national et l’impossibilité d’être payés par la présente

administration, ils proposent de jeter tous les États dans une seule

masse et de mettre à leur tête le gai. Washington avec toutes les

prérogatives et les pouvoirs d’une tête couronné.” He also says that

they threaten a revolution by arms in case the Convention fails, but

adds that this project is too extravagant to merit the least

consideration.[61]

This society was, however, compactly organized. Correspondence among the

members was frequent, extensive, and frank. Almost uniformly, they were

in favor of a reconstruction of the national government on a stronger

basis.[62] They were bitter in their denunciation of the popular

movements in the states; particularly Shays’ revolt in Massachusetts.

War had given them a taste for strong measures, and the wretched

provisions which had been made for paying them for their military

services gave them an economic interest in the movement to secure a

government with an adequate taxing power. Moreover, they were

consolidated by the popular hostility to them on account of their

“secret” and “aristocratic” character.

PERSONALTY IN MANUFACTURING AND SHIPPING.—The third group of personalty

interests embraced the manufacturing population, which was not

inconsiderable even at that time. A large amount of capital had been

invested in the several branches of industry and a superficial study of

the extensive natural resources at hand revealed the immense

possibilities of capitalistic enterprise. The industrial revolution was

then getting under way in England and the fame of Arkwright was being

spread abroad in the land. In the survey of the economic interests of

the members of the federal Convention, given below, it is shown that a

few leading men were directly connected with industrial concerns,

although it is not apparent that the protection of industries was their

chief consideration, in spite of the fact that they did undoubtedly

contemplate such a system. But outside of the Convention vehement

appeals were made by pamphleteers for protection, on the score that the

discriminatory measures of Great Britain were disastrous to American

economic independence.

As early as April, 1785, a memorial from prominent merchants and

business men of Philadelphia was laid before the legislature of the

state lamenting that Congress did not have “a full and entire power over

the commerce of the United States,” and praying that the legislature

request Congress to lay a proposal conferring such a power before the

states for their ratification. The memorialists assured the legislature

that there was a “disposition in the mercantile interest of Pennsylvania

favorable thereto.”[63] Among the signers were T. Fitzsimons and George

Clymer, who were destined to sit in the constitutional Convention as

representatives of the state of Pennsylvania and of the mercantile

interest which they had so much at heart.

The supporters of the Constitution were so earnest and so persistent in

their assertion that commerce was languishing and manufactures perishing

for the lack of protection that there must have been some justification

for their claims, although it is impossible to say how widespread the

havoc really was. The exaggeration of danger threatened by a tariff

reduction is not peculiar to our times; it was sharply marked in older

days. That the consumer suffered from the lack of the protection sought

in 1787 by merchants and manufacturers is not apparent. Indeed the

“mechanics and manufacturers of New York” in their humble petition to

Congress for relief in 1789 complain that “their countrymen have been

deluded by an appearance of plenty; by the profusion of foreign articles

which has deluged the country; and thus have mistaken excessive

importation for a flourishing trade. To this deception they [the

petitioners] impute the continuance of that immoderate prepossession in

favor of foreign commodities which has been the principal cause of their

distresses, and the subject of their complaint.”[64]

That innumerable manufacturing, shipping, trading, and commercial

interests did, however, look upon the adoption of the Constitution as

the sure guarantee that protection could be procured against foreign

competition, is fully evidenced in the memorials laid before Congress in

April, May, and June, 1789, asking for the immediate enactment of

discriminatory tariff laws.[65]

The first of these petitions was from Baltimore in particular and

Maryland generally, and was communicated to the House of Representatives

on April 11, 1789, a few days after that body had settled down to

business. The second was laid before the House a week later by a

committee representing the mechanics and manufacturers of New York. On

May 25, 1789, the shipwrights of Philadelphia laid their pleas before

Congress; and on June 5, the tradesmen and manufacturers of Boston put

in their appearance. These petitions for protection from the four great

trading and shipping centres of the country, Baltimore, Philadelphia,

New York, and Boston, which had been most zealous in securing the

establishment of the new government, are in themselves eloquent

documents for the economic interpretation of the Constitution.

The first of these, from Baltimore, bears the names of two members of

the federal Convention from that state, Daniel Carroll and James

McHenry, and the names of two or three hundred other citizens of that

community, the analysis of whose politico-economic connections would

doubtless repay the detailed scrutiny which the painful labor would

entail. The petition cites the sad state of decline in which

manufacturing and trading interests have been since the close of the

Revolution and the ineffectual attempts of the states acting alone to

remedy the evils. “The happy period having now arrived,” the

memorialists exultingly exclaim, “when the United States are placed in a

new situation; when the adoption of the General Government gives one

sovereign Legislature the sole and exclusive power of laying duties upon

imports; your petitioners rejoice at the prospect this affords them,

that America, freed from the commercial shackles which have so long

bound her, will see and pursue her true interest, becoming independent

in fact as well as in name; and they confidently hope that the

encouragement and protection of American manufactures will claim the

earliest attention of the supreme Legislature of the nation.”

The Maryland petitioners are conscious of no narrow motives in asking

for relief at the hands of the government: “the number of her poor

increasing for want of employment; foreign debts accumulating; houses

and lands depreciating in value; trade and manufactures languishing and

expiring”—these are the evidences of need for the expected legislation.

They, therefore, ask for duties on all foreign articles that can be made

in America, which will give “a just and decided preference to their

labors.” And lest Congress might not understand the precise character of

the relief for which they ask, they append a long list of articles,

which are, or can be, manufactured in Maryland, and on which protection

is needed—including ships, hardware, clocks, boots, shoes, saddles,

brushes, food-stuffs, and raw iron, to mention only a few.

The second petition, from the mechanics and manufacturers of New York,

recites how the memorialists had expected great prosperity on the

successful issue of the Revolution and had seen their hopes blasted “by

a system of commercial usurpation, originating in prejudices, and

fostered by a feeble government.” They had struggled in vain against

dire adversity and “wearied by their fruitless exertions, your

petitioners have long looked forward with anxiety to the establishment

of a government which would have the power to check the growing evil,

and extend a protecting hand to the interests of commerce and the arts.

Such a government is now established. On the promulgation of the

Constitution just now commencing its operations, your petitioners

discovered in its principles the remedy which they had so long and so

earnestly desired. They embraced it with ardor, and have supported it

with persevering attachment.” Lest Congress might not have the

information necessary for the formulation of a protective tariff on

correct principles, the petitioners subjoined a list of articles

manufactured in the state and susceptible of protection.

The petitioners from Philadelphia, humbly seeking protection for

shipping, lament that the tonnage built at that harbor has fallen to

about one-third the amount constructed before the Revolution, and call

attention to the fact that the British navigation act totally prevents

them from building for English customers. They add that they “have

waited, with anxious expectation, for the sitting of the honourable

Congress under the new Constitution of the United States, firmly relying

that every exertion would be used to reinstate so necessary and useful a

branch of business.” Like the representatives from Baltimore and New

York, they append for the information of Congress a list of suggestions

as to the best method of protecting American shipping interests.

Finally come the manufacturers and ship builders of Boston.

Ship-building with them has also declined since the Revolution, and the

revival of manufacturing in the north depends upon adequate protection

from the federal government. Accordingly they request that “heavy duties

may be laid on such articles as are manufactured by our own citizens,

humbly conceiving that the impost is not solely considered by Congress

as an object of _revenue_, but, in its operation, intended to _exclude_

such importations, and, ultimately, establish these several branches of

manufacture among ourselves.” Rope-makers, hatters, pewterers,

soapboilers, and tallow-chandlers, wool card-makers, ship-carvers,

sailmakers, cabinet-makers, coachmakers, tailors, cordwainers, glue and

starch makers, brass-founders, and coppersmiths are among the

memorialists.

In the processions which celebrated the adoption of the Constitution in

Boston, Philadelphia, Baltimore, Charleston, and New York, the several

local manufacturing concerns were extensively represented by floats and

banner-men, which shows that they were not unaware of the gain that had

been made in their favor by the establishment of the new system. But it

must not be supposed that the consolidation of interests in support of

the Constitution was purely local in character. On the contrary it was

nationwide.

Immediately after the Revolution the local groups were being welded into

a national interest by correspondence committees. Before the formation

of the Constitution, Boston merchants were sending out appeals to other

merchants in the several states to join in a national movement for

protection; and before the new government went into effect, they were

active in stirring up united action among the merchants and

manufacturers of the whole country. In 1788, a committee of the

association of Boston merchants and manufacturers sent out a circular to

“their brethren in the several seaports of the union,” asking for

cooperation in this grave juncture.[66] To this Boston appeal are

appended the names of John Gray, Gibbins Sharp, Benjamin Austin, Jr.,

Larson Belcher, William Hawes, and Joshua Witherle—all of whom signed

the petition addressed to Congress the following year asking for

protection.[67]

During the struggle over the reconstruction, the advocates of a

constitution made use of the argument that the consumption of foreign

luxuries, manufactured stuffs, was one of the chief causes of the

economic distress which was said to prevail; and declared that national

legislation was the only source of relief from this heavy importation. A

writer in the _American Museum_ for February, 1787, complains that “the

articles of rum and tea alone, which are drank in this country, would

pay all its taxes. But when we add sugar, coffee, gauzes, silks,

feathers, and the whole list of baubles and trinkets, what an enormous

expense! No wonder you want paper currency. My countrymen are all grown

very tasty. Feathers and jordans must all be imported. Certainly,

gentlemen, the _devil_ is among you. A Hampshireman, who drinks forty

shillings worth of rum in a year and never thinks of the expense, will

raise a mob to reduce the governor’s salary.”[68]

The Connecticut Courant, of November 12, 1787, in an argument for

ratification declares: “In the harbour of New York there are now 60

ships of which 55 are British. The produce of South Carolina was shipped

in 170 ships, of which 150 were British.... Surely there is not any

American who regards the interest of his country but must see the

immediate necessity of an efficient federal government; without it the

Northern states will soon be depopulated and dwindle into poverty, while

the Southern ones will become silk worms to toil and labour for Europe.”

It is worthy of remark, however, that the gloomy view of economic

conditions persistently propagated by the advocates of a new national

system was not entertained by all writers of eminence and authority. One

of the members of the Convention, Franklin, early in 1787, before the

calling of that assembly, declared that the country was, on the whole,

so prosperous that there was every reason for profound thanksgiving.[69]

He mentioned, it is true, that there were some who complained of hard

times, slack trade, and scarcity of money, but he was quick to add that

there never was an age nor a country in which there were not some people

so circumstanced as to find it hard to make a living and that “it is

always in the power of a small number to make a great clamour.” But

taking the several classes in the community as a whole, prosperity,

contended Franklin, was widespread and obvious. Never was the farmer

paid better prices for his products, “as the published prices current

abundantly testify. The lands he possesses are continually rising in

value.” In no part of Europe are the laboring poor so well paid, fed, or

clothed. The fishing trade, he thinks, is in a rather bad way, and

mercantile branches are overcrowded; but he is not distressed by the

extensive importation of English goods, because this is nothing new, and

America has prospered in spite of it.

It may very well be that Franklin’s view of the general social

conditions just previous to the formation of the Constitution is

essentially correct and that the defects in the Articles of

Confederation were not the serious menace to the social fabric which the

loud complaints of advocates of change implied. It may be that “the

critical period” was not such a critical period after all; but a phantom

of the imagination produced by some undoubted evils which could have

been remedied without a political revolution. It does not seem to have

occurred to those historians, who have repeated without examination

Fiske’s picturesque phrase that it is a serious matter to indict a whole

system, an entire epoch, and a whole people. It does not appear that any

one has really inquired just what precise facts must be established to

prove that “the bonds of the social order were dissolving.” Certainly,

the inflamed declarations of the Shaysites are not to be taken as

representing accurately the state of the people, and just as certainly

the alarmist letters and pamphlets of interested persons on the other

side are not to be accepted without discount. When it is remembered that

most of our history has been written by Federalists, it will become

apparent that great care should be taken in accepting, without reserve,

the gloomy pictures of the social conditions prevailing under the

Articles of Confederation. In fact, a very learned, though

controversial, historian, Henry B. Dawson, in an article published more

than forty years ago makes out quite a plausible case (documented by

minute research) for the statement that the “chaos” of which historians

are wont to speak when dealing with the history of the years 1783–87,

was a creation of their fancies.[70]

However this may be, and whether or not Franklin’s view is correct,[71]

it cannot be denied that the interests seeking protection were extensive

and diversified. This is conclusively shown by the petitions addressed

to public bodies, by the number of influential men connected with the

movement, and by the rapidity with which the new government under the

Constitution responded to their demands.

CAPITAL INVESTED IN WESTERN LANDS.—Although companies had been formed to

deal in western lands on a large scale before the Revolution, it was not

until the close of the War that effective steps were taken toward

settlement. At that time, says Professor Haskins, “the number of

emigrants, the cheapness of the lands, and the lack of an established

system of sale in small quantities offered many inducements for the

formation of great land companies whose opportunities for speculation

were increased by the depreciated currency and general ignorance

concerning the West.... ‘All I am now worth was gained by speculations

in land,’ wrote Timothy Pickering [a member of the Pennsylvania

ratifying convention] in the same year [1796]; and many eminent men

could have said the same, often with a later experience quite similar.

Land speculation involved Washington, Franklin, Gallatin, Patrick Henry,

Robert Morris, and James Wilson, as well as many less widely known.”[72]

The situation was this: Congress under the Articles of Confederation

adopted a policy of accepting certificates in part payment for lands;

and it was hoped by some that the entire national debt might be

extinguished in this way. However, the weakness of the Confederation,

the lack of proper military forces, the uncertainty as to the frontiers

kept the values of the large sections held for appreciation at an

abnormally low price. Those who had invested their funds in these lands

or taken stocks in the companies felt the adverse effects of the

prevailing public policy, and foresaw the benefits which might be

expected from a new and stable government. Their view was tersely put by

Williamson, a member of the Convention from North Carolina, in a letter

to Madison on June 2, 1788: “For myself, I conceive that my opinions are

not biassed by private Interests, but having claims to a considerable

Quantity of Land in the Western Country, I am fully persuaded that the

Value of those Lands must be increased by an efficient federal

Government.”[73]

The weight of the several species of property in politics is not

determined by the amount, but rather by the opportunities offered to

each variety for gain and by the degree of necessity for defence against

hostile legislation designed to depreciate values or close opportunities

for increments. When viewed in this light the reason for the special

pressure of personalty in politics in 1787 is apparent. It was receiving

attacks on all hands from the depreciators and it found the way to

profitable operations closed by governmental action or neglect. If we

may judge from the politics of the Congress under the Articles of

Confederation, two related groups were most active: those working for

the establishment of a revenue sufficient to discharge the interest and

principal of the public debt, and those working for commercial

regulations advantageous to personalty operations in shipping and

manufacturing and in western land speculations.[74]

It should be remembered also that personalty is usually more active than

real property. It is centralized in the towns and can draw together for

defence or aggression with greater facility. The expectation of profits

from its manipulation was much larger in 1787 than from real property.

It had a considerable portion of the professional classes attached to

it; its influence over the press was tremendous, not only through

ownership, but also through advertising and other patronage.[75] It was,

in short, the dynamic element in the movement for the new Constitution.

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