CHAPTER III

THE MOVEMENT FOR THE CONSTITUTION

Did the system of government prevailing in the United States in 1787

affect adversely any of the economic interests enumerated in the

preceding chapter? Furthermore, were the leaders in the movement which

led to the adoption of the Constitution representatives of the interests

so affected?

Fortunately, it is not necessary to devote any considerable attention to

the first of these questions. It is answered in part above, and all of

the standard treatises show conclusively that the legal system

prevailing at the opening of 1787 was unfavorable to the property rights

of four powerful groups above enumerated.[76] That system was, in brief,

as follows. There was a loose union of thirteen sovereign states under

the Articles of Confederation. The national government consisted of a

legislature of one house in which the states had an equal voting power.

There was no executive department and no general judiciary. The central

government had no power to regulate commerce or to tax directly; and in

the absence of these powers all branches of the government were rendered

helpless. Particularly, money could not be secured to pay the holders of

public securities, either their interest or principal. Under this

system, the state legislatures were substantially without restrictions

or judicial control; private rights in property were continually

attacked by stay laws, legal tender laws, and a whole range of measures

framed in behalf of debtors; and in New England open rebellion had

broken out.

That the economic groups in question looked to a new national government

as the one source of relief and advantage, is shown in a hundred

contemporary pamphlets and newspaper articles. It was in fact the topic

of the times.

For example, a letter from Philadelphia, under date of August 29, 1787,

sums up concisely the interests which were turning to the new

Constitution: “The states neglect their roads and canals, till they see

whether those necessary improvements will not become the objects of a

national government. Trading and manufacturing companies suspend their

voyages and manufactures till they see how far their commerce will be

protected and promoted by a national system of commercial regulations.

The lawful usurer locks up or buries his specie till he sees whether the

new frame of government will deliver him from the curse or fear of paper

money and the tender laws.... The public creditor, who, from the

deranged state of finances in every state and their total inability to

support their partial funding systems, has reason to fear that his

certificates will perish in his hands, now places all his hopes of

justice in an enlightened and stable national government. The

embarrassed farmer and the oppressed tenant, who wishes to become

free ... by emigrating to a frontier country, wait to see whether they

shall be protected by a national force from the Indians.”[77]

A final answer to the second question propounded above would require an

exhaustive analysis of the “movement for the Constitution,” in the

following form:—

1. A study of the economic forces in the Revolution and particularly in

the Continental Congress that drafted the Articles of Confederation.

2. An inquiry into the first signs of discontent with the prevailing

system, their geographic distribution, and their economic sources.

3. An examination of the several attempts in the Congress under the

Articles of Confederation to secure the power to regulate commerce and

establish a revenue for discharging the debt.

4. A description of the economic interests of all the members who were

most active in these attempts.

5. A description of the economic forces in the communities whose

representatives in Congress were zealous in securing a revision of the

Articles.

6. A study of the nature and distribution of the several legislative

attacks on private rights in property between 1783 and 1787.

7. A minute study of the personnel of the movement for revision and the

economic interests of the leading spirits in Congress and the state

legislatures and outside of legislative chambers.

Any one superficially acquainted with the sources of American history

will see at once the nature of the work which must be done to secure the

raw materials for such a study. The enormous mass of unprinted papers of

the Continental Congress in the Library at Washington would have to be

thoroughly searched; proceedings in state legislatures during the years

under consideration would have to be scrutinized; local archives and

newspapers would have to be examined.

In the present state of our historical materials, therefore, all that

can be attempted here is a superficial commentary on some of the outward

aspects of the movement for the Constitution which are described in the

conventional works on the subject. Many of the eminent men prominently

identified with the events which led up to the Convention of 1787 were

themselves members of that Assembly, and their economic interests are

considered below in Chapter V. But it is not without significance to

discover that some of the leading men outside of the Convention who

labored for an overthrow of the old system were also directly interested

in the results of their labors.

As early as January, 1781, General Philip Schuyler moved in the senate

of New York “to request the eastern states to join in an early

convention, which should form a perpetual league of incorporation,

subservient, however, to the common interest of all the states; invite

others to accede to it; erect Vermont into a state; devise a fund for

the redemption of the common debts; substitute a permanent and uniform

system for temporary expedients; and invest the confederacy with powers

of coercion.”[78] General Schuyler was a large holder of depreciated

securities.[79]

In February, 1781, Congress recommended to the states that they vest in

the national legislature a power to levy a duty to pay the principal and

interest of the debt. In April, 1783, Congress again appealed to the

states for authority to lay duties for the purpose of supplying a

revenue with which to discharge the debt. Among the leaders in Congress

who favored this increase in power were Gorham, Higginson, Ellsworth,

Dyer, Boudinot, Fitzsimons, Williamson, Izard, Johnson, and King, all of

whom held securities which were daily depreciating under the failure of

the government to meet its just obligations.[80]

In 1785, Governor Bowdoin, of Massachusetts, in his inaugural address

urged the necessity of a stronger union with larger powers, and

recommended a convention to deliberate upon the whole matter.[81]

Governor Bowdoin was a large holder of public securities.[82] The

legislature of the commonwealth, thereupon, resolved that the Articles

of Confederation were inadequate, and directed the representatives in

Congress to take steps looking toward a strengthening of the union; but

they failed to act.

Men less eminent than Bowdoin and Schuyler were being educated in

Federalism by the march of events. In Boston merchants were petitioning

Congress for relief from British discriminations[83]; in the Virginia

legislature the representatives of the commercial interests were

learning their lessons[84]; the demands for positive action were

increasing daily in number. Every failure to find a remedy under the

Articles of Confederation only served to augment the ranks of those who

were ready for a complete reconstruction of the prevailing system.

A few illustrations will serve to show how the demand for reform was

being fostered and also the connection between the leaders in the

agitation and the personnel of the public bodies which later achieved

the great work of framing and ratifying the Constitution. Even before

the war was over and the Articles of Confederation tested in a time of

peace, the inability of the government under it to afford defence to

commerce on the high seas was deplored by merchants whose vessels were

falling prey to the British. In April, 1782, a number of prominent

merchants presented a petition to Congress in which they lamented the

British depredations on American trade and the want of adequate naval

protection at sea.[85] Among the signers of this petition were several

men who were later known as warm supporters of a strong federal

government. One of them, Thomas Fitzsimons, was a member of the

Convention which drafted the Constitution; another, John Barclay, was a

member of the Pennsylvania convention and voted in favor of the

ratification of the new system of government.

Six years before the Convention met in Philadelphia, the disordered

financial system under the Confederation was the subject of protest by

interested parties. In 1781, “divers inhabitants of the state of

Pennsylvania,” were petitioning Congress to take some action designed to

put the credit of the country on a sound basis.[86] Thus runs the

petition: “Humbly sheweth that whereas you thought fit heretofore in the

course of your wisdom to emit bills of credit for good and great

purposes, but the same depreciating to such an amazing degree beyond the

expectation of all living did therefore lay open wide door for the most

monstrous and absurd injustices by fraudulent payments which we conclude

is directly contrary to your good and great purposes in emitting the

same, we therefore, not only firmly relying on the extraordinary

clearness of the circumstances of our agrievances, but likewise on the

uprightness of your understandings, Do therefore presume to pray your

honors would be pleased to recommend to the several states to adopt such

measures as they may think most likely to afford a safe and effectual

redress to all such agrievances....”[86] Among the signers to this

petition are Thomas Bull, John Hannum, and Thomas Cheyney, who six years

later as members of the Pennsylvania convention had the pleasure of

voting for the ratification of an instrument of government that put an

end to the evils against which they had so earnestly protested.

The failure of repeated attempts in Congress to secure an amendment

authorizing the laying of impost duties, the refusal of the states to

pay the requisitions made by Congress, and the obvious impossibility of

gaining their ends through the ordinary channels of ratification by

state legislatures, drove the advocates of these measures to

desperation. Republican government, as it had been tried out, had failed

to secure for personalty that protection and opportunity for advancement

which it enjoyed under monarchy. The despair of the representatives of

the property interests thus jeopardized and their readiness for some

heroic measures were fully manifest in the correspondence of the time.

Washington, who was not given to undue alarms, wrote to John Jay from

Mount Vernon, on August 1, 1786, to the effect that men of leadership

were ready for drastic action: “What astonishing changes,” he said, “a

few years are capable of producing. I am told that even respectable

characters speak of a monarchical form of Government without horror.

From thinking proceeds speaking, thence to acting is often but a single

step. But how irrevocable and tremendous! What a triumph for our enemies

to verify their predictions—what a triumph for the advocates of

despotism to find that we are incapable of governing ourselves, & that

systems founded on the basis of equal liberty are merely ideal &

fallacious! Would to God that wise measures may be taken in time to

avert the consequences we have but too much reason to apprehend.”[87]

Later in that year, General Knox, who was a holder of public securities,

wrote to Washington in the following strain: “The people who are the

insurgents [Shaysites] have never paid any, or but very little taxes—But

they see the weakness of government; They feel at once their own

poverty, compared with the opulent, and their own force, and they are

determined to make use of the latter, in order to remedy the former.

Their creed is ‘That the property of the United States has been

protected from the confiscations of Britain by the joint exertions of

all, and therefore ought to be the common property of all. And he that

attempts opposition to this creed is an enemy to equity and justice, and

ought to be swept from off the face of the earth.’ In a word they are

determined to annihilate all debts public and private and have agrarian

Laws, which are easily effected by means of unfunded paper money which

shall be a tender in all cases whatever—

“The numbers of these people may amount in Massachusetts to about one

fifth part of several populous counties, and to them may be collected,

people of similar sentiments, from the states of Rhode Island,

Connecticut, and New Hampshire so as to constitute a body of 12 or 15000

desperate & unprincipled men—They are chiefly of the young and active

part of the community, more easily collected than perhaps kept together

afterwards—But they will probably commit overt acts of treason which

will compel them to embody for their own safety—once embodied they will

be constrained to submit to discipline for the same reason. Having

proceeded to this length for which they are now ripe, we shall have a

formidable rebellion against reason, the principle of all government,

and the very name of liberty. This dreadful situation has alarmed every

man of principle and property in New England. They start as from a

dream, and ask what has been the cause of our delusion? what is to

afford us security against the violence of lawless men? Our government

must be braced, changed, or altered to secure our lives and property. We

imagined that the mildness of our government and _the virtue_ of the

people were so correspondent, that we were not as other nations

requiring brutal force to support the laws—But we find that we are men,

actual men, possessing all the turbulent passions belonging to that

anim[al] and that we must have a government proper and adequate for him.

The people of Massachuse[tts] for instance, are far advanced in this

doctrine, and the men of reflection, & principle, are determined to

endev[or] to establish a government which shall have the power to

protect them in their lawful pursuits, and which will be efficient in

all cases of internal commotions or foreign invasions—They mean that

liberty shall be the basis, a liberty resulting from the equal and firm

administration of the laws. They wish for a general government of unity

as they see the local legislatures must naturally and necessarily tend

to retard and frustrate all general government.”[88]

A few months later, Madison, writing to Edmund Pendleton from New York,

the seat of the government, corroborated the views expressed by

Washington and Knox and set forth what he conceived to be the desperate

state of republican government. His letter, dated February 24, 1787,

three days after Congress had issued the call for a national Convention,

ran as follows: “In general I find men of reflection much less sanguine

as to a new than despondent as to the present System. Indeed the Present

System neither has nor deserves advocates; and if some very strong props

are not applied will quickly tumble to the ground.... If the approaching

Convention should not agree on some remedy, I am persuaded that some

very different arrangement will ensue. The late turbulent scenes in

Massachusetts & infamous ones in Rhode Island, have done inexpressible

injury to the republican character in that part of the U. States; and a

propensity towards Monarchy is said to have been produced by it in some

leading minds. The bulk of the people will probably prefer the lesser

evil of a partition of the Union into three more practicable and

energetic Governments. The latter idea I find after long confinement to

individual speculations & private circles, is beginning to show itself

in the Newspapers.”[89]

A few days after this letter was written by Madison, John Armstrong

wrote to Washington from Carlisle that the suppression of the

insurrection in Massachusetts had not allayed the fears of leading men

in his state. “The alarming flame in Massachusetts,” he says, “seems

nearly extinguished, but if the subsequent measures of that State

respecting the insurgents should be severe, amounting to _death_,

Confiscation, or disfranchisement, the consequence may be bad, as

tending to reinkindle the flame. Shall I tell you in _confidence_, I

have now twice heard, nor from low authority (some principal men of that

State) begin to talk of wishing one general _Head_ to the Union, in the

room of Congress!”[90]

By correspondence such as this just cited, by an increasing recognition

of the desperate straights in which they were placed, a remarkable

fusion of interested forces was effected. The wealth, the influence, and

a major portion of the educated men of the country were drawn together

in a compact group, “informed by a conscious solidarity of interests,”

as President Wilson has so tersely put it.[91]

Having failed to obtain relief through the regular channels of amendment

by Congress ratified by the state legislatures, the leaders struck out

on a new path. Operating through the Virginia legislature, they secured

a resolution inviting the sister commonwealths to send delegates to a

convention at Annapolis to take into consideration the trade and

commercial system of the United States.[92] The convention duly met, but

the attendance was so slim that, as Professor Burgess has put it, “a

coup d’état attempted by so small a body could not but fail.”[93]

Although the Annapolis convention was ostensibly concerned with

commercial regulation primarily, there is no doubt that it was the

creation of the men who had been working in Congress and out for a

general revision of the whole system. There is no doubt also that it was

not regarded as of much significance in itself, but rather as a

preliminary to a national convention which would afford an opportunity

for reconstructing the government. For this view we have a witness of

high authority, James Madison, who in a letter of August 12, 1786, to

Jefferson, written a month before the Annapolis conference, said: “Many

gentlemen, both within and without Congress, wish to make this meeting

subservient to a plenipotentiary Convention for amending the

Confederation. Tho’ my wishes are in favor of such an event, yet I

despair so much of its accomplishment at the present crisis that I do

not extend my views beyond a commercial Reform.”[94]

Under the influence of Hamilton, the conference at Annapolis contented

itself with merely recommending that another convention be called “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.” Acting on this modest suggestion, Congress, in

February, 1787, invited the states to send delegates to a Convention at

Philadelphia for “the sole and express purpose of revising the Articles

of Confederation.”

Certain tentative conclusions emerge at this point.

Large and important groups of economic interests were adversely affected

by the system of government under the Articles of Confederation, namely,

those of public securities, shipping and manufacturing, money at

interest; in short, capital as opposed to land.

The representatives of these important interests attempted through the

regular legal channels to secure amendments to the Articles of

Confederation which would safeguard their rights in the future,

particularly those of the public creditors.

Having failed to realize their great purposes through the regular means,

the leaders in the movement set to work to secure by a circuitous route

the assembling of a Convention to “revise” the Articles of Confederation

with the hope of obtaining, outside of the existing legal framework, the

adoption of a revolutionary programme.

Ostensibly, however, the formal plan of approval by Congress and the

state legislatures was to be preserved.

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