CHAPTER I

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UNION AND DEMOCRACY

by

ALLEN JOHNSON

Professor of American History

Yale University

[Illustration: From the original portrait by Stuart, at Bowdoin College.

Th. Jefferson [Handwritten]]

[Illustration]

Houghton Mifflin Company

Boston New York Chicago

The Riverside Press Cambridge

Copyright, 1915, by Allen Johnson

All Rights Reserved

The Riverside Press

Cambridge, Massachusetts

U. S. A.

PREFACE

The title of this volume must be regarded as suggestive rather than as

strictly accurate, for the beginnings of union are to be found farther

back than 1783, and democracy in its largest sense has even yet been

only imperfectly realized. At the close of the Revolution, union was but

a name. What Metternich said of the Italy of his day might have been

said of the United States in 1783: it was only a geographical

expression. The formation of the new federal union under the

Constitution is properly the main, though not the sole, theme of this

volume. Behind the thirteen Atlantic communities lay a vast region which

almost at once invited the colonizing activities of the people. The rise

of this western world is a movement of immense significance. Out of the

bosom of the West emerged the new democracy which transformed the face

of society in the old States. Whether viewed economically or

politically, this forms the second theme in any history of the times.

Around these two movements, therefore, I have endeavored to group the

events of forty-five years.

Within the last few years special studies have added much to the common

stock of historical information, and in many ways effected changes in

the historian's point of view. The time seemed proper to restate the

salient factors in the history of this formative period. I have frankly

appropriated the labors of others. Had the plan of the series permitted

the use of footnotes, I would gladly have made particular acknowledgment

of my indebtedness. At the same time I have not hesitated to present the

results of my own studies where they have led away from the conventional

view of men and events.

In preparation of the maps showing the popular vote in the elections of

1800 and 1824, I have drawn largely upon the data which Dr. Charles O.

Paullin, of the Carnegie Institution, has generously put at my disposal.

In States where the presidential electors were not chosen directly by

the voters, other votes, such as those for governor, have been made the

basis for determining the popular choice among party candidates for the

presidency. Two of my graduate students, Miss Isabel S. Mitchell and Mr.

Joseph E. Howe, have given me valuable assistance in the execution of

the maps. I am under particular obligation to my colleague, Professor

Stewart L. Mims, for reading critically both manuscript and proof.

Allen Johnson.

CONTENTS

I. The Ordeal of the Confederation 1

II. The Making of the Constitution 25

III. The Restoration of Public Credit 46

IV. The Testing of the New Government 68

V. Anglomen and Jacobins 89

VI. The Revolution of 1800 105

VII. Jeffersonian Reforms 123

VIII. The Purchase of the Province of Louisiana 143

IX. Faction and Conspiracy 161

X. Peaceable Coercion 179

XI. The Approach of War 197

XII. The War of 1812 212

XIII. The Results of the War 231

XIV. The Westward Movement 245

XV. Hard Times 266

XVI. The National Awakening 282

XVII. The New Democracy 298

XVIII. Politics and State Rights 318

XIX. The Rise of National Sovereignty 331

Index i

MAPS AND CHARTS

The United States in 1783 _facing_ 1

State-making in the West, 1783-87 9

Distribution of Votes in Ratification of The Constitution:

The New England States 37

The Middle States 39

The Southern States 42

Distribution of Population, 1790 49

Vote on Assumption 59

The Northwest, 1785-95 71

Vote on the Repeal of the Alien and Sedition

Acts, February 25, 1799 _between_ 112 _and_ 113

Presidential Election of 1800 _between_ 116 _and_ 117

Distribution of Population, 1800 125

Vote on the Repeal of the Judiciary Act, March 2, 1802

_between_ 134 _and_ 135

The Yazoo-Georgia Land Controversy 168

The Tonnage of the United States, 1807 185

Vote on the Embargo, December 21, 1807

_between_ 190 _and_ 191

Vote on the Declaration of War, June 4, 1812

_between_ 208 _and_ 209

Land Sales and Land Offices To 1821 248

The Cotton Crop in the United States, 1801-34 250

The West As an Economic Section in 1820 253

Treaty With Spain, 1819 263

Distribution of Slaves in 1820 270

Vote on the Missouri Compromise, March 2, 1820 278

Russian Claims in North America 293

Distribution of Population, 1820 299

States Admitted To the Union Between 1812 and 1821 306

Vote on the Tariff Bill, April 16, 1824

_between_ 310 _and_ 311

Presidential Election of 1824 _between_ 314 _and_ 315

Vote on the Tariff Bill, April 22, 1828

_between_ 328 _and_ 329

Canals in the United States About 1825 341

Highways of the United States About 1825 344

UNION AND DEMOCRACY

[Map: The United States in 1783]

UNION AND DEMOCRACY

CHAPTER I

THE ORDEAL OF THE CONFEDERATION

It was characteristic of the people of the United States that once

assured of their political independence they should face their economic

future with buoyant expectations. As colonizers of a new world they were

confident in their own strength. When once the shackles of the British

mercantile system were shaken off, they did not doubt their ability to

compete for the markets of the world. Even Washington, who had fewer

illusions than most of his contemporaries, told his fellow citizens of

America that they were "placed in the most enviable condition, as sole

lords and proprietors of a vast tract of continent, comprehending all

the various soils and climates of the world, and abounding with all the

necessaries and conveniences of life." Independence was the magic word

which the common man believed would open wide the gates of prosperity.

Yet within a year after the ratification of the Peace of Paris, American

society was in the throes of a severe industrial depression.

Contrary to the accepted view, the latter years of the war were not

years of penury and want among the people. Outside of those regions of

Virginia and the Carolinas, which were devastated by the marching and

countermarching of the combatants, the people were living in comparative

comfort. North of the Potomac, indeed, there was even a tendency to

speculation in business and extravagance in living. Throughout the war

farmers had found a ready market for their produce within the lines of

the British and French armies. The temporary suspension of commerce had

encouraged many forms of productive industry. As the war continued,

venturesome skippers eluded British men-of-war and found their way to

European or Dutch West India ports, bringing home rich cargoes in

exchange for tobacco, flour, and rice. The prizes brought in by

privateers added largely to the stock of desirable and attractive

merchandise in the shops of Boston, Philadelphia, and Charleston. If

such prosperity could follow in the wake of war, what commercial gains

might not be expected in the piping times of peace? In anticipation of

immediate returns, merchants drew heavily upon their foreign creditors

and stocked their shops with imported commodities. Southern planters

indulged similar expectations and bought land and slaves on credit,

regardless of the price. "A rage for running in debt became epidemical,"

wrote a contemporary observer. "Individuals were for getting rich by a

_coup de main_; a good bargain--a happy speculation--was almost every

man's object and pursuit."

During the hard times of 1785-86 these golden dreams vanished. Instead

of sharing as the people of an independent nation in the trade and

commerce of the world, American shippers found themselves no better off

than they were as dependents of Great Britain. Orders in council at once

closed the ports of the British West Indies to all staple products which

were not carried in British bottoms. Certain commodities,--fish, pork,

and beef,--which might compete with the products of British

dependencies, were excluded altogether. The policy of France and Spain

was scarcely less illiberal. The effect was immediate. Cut off from

their natural markets, American shipowners were forced either to leave

their vessels to rot at their wharves or to seek new markets. For months

there seemed to be no other alternative. At the same time the new

industries which had sprung up during the war had to meet the shock of

foreign competition, as the British manufacturer dumped on American

wharves the accumulated stock of his warehouses. The plight of the small

farmer and of the large planter was much the same; for both had incurred

debts in expectation of continued prosperity.

Everywhere people complained of hard times. Discouragement and ill-humor

displaced the buoyant optimism with which peace had been heralded. "What

is independence?" asked a writer in _A Shorter Catechism_. "Dependence

upon nothing" was the cynical answer. In many States the popular

discontent found vent in a vindictive crusade against the Tories. Even

sober-minded citizens shared the general detestation of these

unfortunate people. In the heat of war Washington had declared them to

be "abominable pests of society" who ought to be hanged as traitors.

The States had quite generally confiscated their property and in some

cases had passed acts of attainder against them. In communities like New

York, which had long remained in the hands of the British, the popular

animosity was exceedingly bitter. To aid those citizens who had been

dispossessed of their estates, the legislature passed the Trespass Act,

which permitted suits for the recovery of property that had passed into

the hands of the enemy upon the flight of the owners. The terms of the

act were in flat contradiction to the treaty of peace. Further to aid

claimants, it was provided that no military order could be pleaded in

court in justification of the seizure of property.

In a famous case brought before the Mayor's Court of New York by the

widow Rutgers to recover her property from Joshua Waddington, a wealthy

Tory, Alexander Hamilton appeared as counsel for the defendant. It was a

daring act which brought down upon him the unmitigated wrath of the

radical elements. Nevertheless, in an opinion which has considerable

interest for students of constitutional law, the court ruled that the

Trespass Act, "by a reasonable interpretation," must be construed in

harmony with the treaty of peace, which was obligatory upon every State.

It was not to be presumed that the legislature would intentionally

violate the law of nations. The judgment of the court therefore, was in

favor of the defendant. With chagrin and resentment the popular party

declared that the court had set aside a law of the State and had

presumed to set itself above the legislature. Wherever the radicals got

the upper hand, confiscation was the order of the day; and even where

the conservatives succeeded in restraining their radical brethren from

legislative reprisals, no Tory was safe from the assaults of

irresponsible mobs. Thousands took refuge in flight, to the infinite

delight of the wits in the coffee-houses who jested of the "Independence

Fever" which was carrying off so many worthy people.

Financially the Confederation was hopelessly embarrassed. Having sowed

the wind by its issues of bills of credit, it was now reaping the

whirlwind. By the end of the war this paper money had so far depreciated

that it ceased to pass as currency. "Not worth a continental" has passed

into our native idiom. Without power to levy taxes, Congress could only

make requisitions upon the States. The returns were pitifully inadequate

to the needs of government. All told, less than a million and a half of

dollars came into the treasury between 1781 and 1784, although Morris,

as Superintendent of Finance, had earnestly besought the governors of

the States for two millions for the year 1783 alone, in order to meet

outstanding obligations and current expenses. Without foreign and

domestic loans the war could never have been carried to a successful

conclusion; but in 1783 even that source was drained. In sheer

desperation Congress authorized the Superintendent of Finance to draw

bills of exchange, at his discretion, upon the credit of loans _which

were to be procured_ in Europe. In vain Morris warned Congress that no

more loans could be secured. "Our public credit is gone," he declared.

The obvious remedy for the financial ills of the Confederation was to

give Congress the power to levy taxes. Early in 1781, indeed, before the

Articles of Confederation had been ratified by Maryland, the proposal

had been made that Congress should be vested with power to levy a five

per cent duty on imports; but the obstinate opposition of Rhode Island

effectually blocked the amendment. "She considered it the most precious

jewel of sovereignty that no State be called upon to open its purse but

by the authority of the State and by her own officers." Again, in 1783,

Congress submitted to the States an amendment which would confer upon it

the power to place specific duties for a term of twenty-five years upon

certain classes of imported commodities. The tardy response of the

States to this proposal left little hope that it would be adopted.

In fact, the Confederation and its woes hardly occupied the thoughts of

the people at all, except as a subject for jest and ridicule. The

newspapers made merry over the peregrinations of Congress. Frightened

away from Philadelphia by the riotous conduct of some troops of the

Pennsylvania line, who had imbibed too freely, the delegates had

withdrawn first to Princeton and then to Annapolis. Thither Washington

repaired to resign his commission; but even so notable an occasion as

this brought together delegates from only seven of the States. The best

talent in America was drafted into the service of the several States.

Men had ceased to think continentally. "A selfish habitude of thinking

and reasoning," wrote one who styled himself Yorick, in the _New York

Packet_, "leads us into a fatal error the moment we begin to talk of the

interests of America. The fact is, by the interests of America we mean

only the interests of that State to which property or accident has

attached us." "Of the affairs of Georgia," Madison confessed in 1786, "I

know as little as those of Kamskatska."

On all sides intelligent men agreed that the return of prosperity

depended upon the opening-up of foreign trade. Their immediate concern

was the recovery of old markets. When John Adams went to London in 1785

as the first representative of the United States, he bent all his

energies to the task of securing a commercial treaty which would provide

for unrestricted intercourse between the countries. It was an impossible

task. At every turn he encountered the hostility of the mercantile

classes, of whom Lord Sheffield was the most conspicuous representative.

"What have you to give us in exchange for this and that?" "What have you

to give us as reciprocity for the benefit of going to our islands?"

"What assurance can you give that the States will agree to a treaty?"

These were the embarrassing questions which Adams had to encounter.

Baffled by the cool indifference of the English Ministry, Adams wrote

home in despair that there was not the slightest prospect of relief for

American commerce unless the States would confer the power of passing

navigation laws upon Congress or themselves pass retaliatory acts

against Great Britain.

Congress had, indeed, already urged upon the States the necessity of

yielding the power to enact navigation laws; but they had replied with

such deliberation and with so many conditions that Congress was as

powerless as ever. Meantime, each State struck blindly at the common

enemy with little or no regard for its neighbors. "The States are every

day giving proofs," wrote Madison, "that separate regulations are more

likely to set them by the ears than to attain the common object." When

the other New England States closed their ports to British shipping,

Connecticut hastened to profit at their expense by throwing her ports

wide open. New Jersey, with New York on one side and Pennsylvania on the

other, was likened to a cask tapped at both ends. To find a historical

parallel to the annals of this period, one must go back to the

bickerings and jealousies of the states of ancient Greece.

In this dark picture, however, there are cheering rays of light. One by

one the States were redeeming their promises and ceding their western

lands. It seemed as though the Confederation, hitherto a disembodied

spirit, was about to tenant a body. By the year 1786 the United States

were in joint possession of the greater part of the vast region between

the Ohio, the Mississippi, and the Great Lakes--a domain of imperial

dimensions. In anticipation of these cessions, Congress took under

consideration an ordinance reported by a committee of which Thomas

Jefferson was chairman. This ordinance contemplated the division of the

land north of the thirty-first parallel into fourteen or sixteen States.

The settlers in these rectangular areas were not to form state

governments at once, but for their temporary government were to borrow

such constitutions as they thought best from the older States. When a

State had twenty thousand inhabitants, it might frame a permanent

constitution and send a delegate to Congress. Admission to the Union was

to be granted only when a State had as many free inhabitants as "the

least numerous of the thirteen original States." Two features of

Jefferson's report do not appear in the Ordinance of 1784; the fantastic

names which Jefferson had selected and the fifth of the fundamental

conditions which were to be a charter of compact between the old States

and the new. It is perhaps no misfortune that the names Assenisipia,

Polypotamia, Pelisipia, do not appear on the map; the article

prohibiting slavery after the year 1800 might well have been retained.

[Map: State-Making In the West 1783-1787]

More important than the Ordinance of 1784, which indeed is interesting

chiefly because it was the forerunner of the final ordinance for the

Northwest Territory, is that adopted by Congress in the following year.

The so-called Land Ordinance of 1785 provided in general for the survey

of a series of townships six miles square in the region immediately west

of Pennsylvania, and for the further division of each township into

thirty-six lots, or, as they were later styled, "sections," one mile

square. After satisfying the claims of the soldiers of the Continental

Army, Congress proposed to distribute these lands among the States, to

be sold at auction for a minimum price of one dollar an acre, reserving

certain sections in each township and one third of the mineral ore which

might be found. The sixteenth section in each township was to be set

aside for the support of education. Each purchaser was to receive with

his deed a definite description of his holding. Subsequent amendments to

the Land Ordinance made the terms of purchase somewhat easier. Instead

of making an out-and-out purchase, prospective settlers might pay one

third in cash and receive a credit of three months for the balance of

the purchase price. Yet even with these inducements only seventy-three

thousand acres had been sold to individuals down to 1788. The hazards of

western settlement were still too great.

Disappointed in the sales under the Land Ordinance, Congress was

persuaded to consider the alternative course of selling large tracts to

companies. The collapse of national credit left the public domain almost

the only available source of revenue. Early in 1787 the Ohio Company

offered to purchase a tract of land between the Ohio and Muskingum

Rivers. The promoters of this company had been interested in an earlier

project of army officers for the founding of a military colony beyond

the Ohio. Organized at Boston in March, 1786, with a nominal capital of

one million dollars, it had within a year raised one fourth of that

amount and sent first General Samuel Parsons and then the Reverend

Manasseh Cutler to secure the desired grant from Congress. The labors of

this astute divine at the seat of government form an interesting chapter

in the evolution of American legislative methods. By devices well known

to the modern lobbyist he not only secured the grant of land, but also

took a hand in the shaping of a new ordinance for the Northwest

Territory. In order to secure the grant to his associates, he had to

resort to log-rolling and agree to procure for a group of land

speculators an option to lands on the Scioto River. The grant to the

Ohio Company contained a million and a half acres; that to the Scioto

Company, five million acres. But while the one paid down half a million

dollars, the other made no payment, expecting to dispose of their

"rights" before the first payment was due. In the following year a third

grant of a million acres on the Great and Little Miami Rivers in Ohio

was made to John Cleve Symmes.

From these sales Congress expected to realize over three and a half

million dollars in public securities and at the same time to satisfy

military bounty warrants amounting to about eight hundred thousand

acres. The actual amount realized was less than six hundred thousand

dollars. The Scioto Company succeeded in disposing of rights to about

three million acres to a company organized in France, which in turn

sold them to unsuspecting royalist emigrants. Neither company ever

secured a clear title to these lands, and Congress had eventually to

come to the relief of the unhappy French settlers with a donation of

twenty-four thousand acres. Unforeseen circumstances prevented either

the Ohio Company or Symmes from complying with the conditions of sale;

and in both cases Congress consented to alter the terms of contract.

On July 13, 1787, Congress adopted the ordinance which it had long had

under consideration. The authorship of this "charter of the west," after

long controversy, is still in dispute. Like all legislative measures it

bears the mark of many hands. Certain features of Jefferson's ordinance

reappear: the provision for temporary government and eventual statehood,

and the fundamental articles of compact. Other provisions are stated in

a detailed fashion and suggest the probability that Congress had

definite conditions to meet. The ordinance took final form while the

Reverend Manasseh Cutler was representing the Ohio Company in New York.

Perhaps the most striking departure from the Ordinance of 1784 is the

provision for not less than three nor more than five States north of the

Ohio, where Jefferson planned for ten. Admission to the Union was to be

gained only after the population had reached sixty thousand. Temporary

government was to consist of a governor, a secretary, and three judges

appointed by Congress, who were to adopt such laws from other States as

they believed suited to local conditions. In each and every case

Congress reserved the right to disallow these laws. Whenever a territory

attained a population of five thousand, it was to pass to the second

grade of government, with a representative assembly, an appointive

council, and a delegate in Congress.

Six articles of compact were also written into the ordinance, which were

to remain forever unalterable except by the common consent of the

parties thereto--"the original States and the people and States in the

said territory." Freedom of worship, the usual rights of person and

property, and the obligation of private contracts were guaranteed.

Religion, morality, and education were to be forever encouraged. Neither

slavery nor involuntary servitude was to be permitted. In imposing these

conditions Congress undoubtedly exceeded its powers under the Articles

of Confederation, for that document nowhere confers upon Congress the

power to make binding contracts, nor for that matter to legislate in any

wise for the government of the common domain.

The Ohio Company hastened to colonize its broad acres on the Muskingum.

Before the end of the year 1787, the vanguard of the first colony was on

the march through Pennsylvania to the upper waters of the Ohio. There

they spent the winter constructing the craft which was to carry them to

their destination. As soon as the ice broke up in the spring, they

embarked on the Mayflower,--for so they had christened the craft,--and

within five days set foot on the soil of Ohio. Other bands joined them,

and by midsummer their rude huts and a blockhouse marked the site of

what was to be the town of Marietta, the first New England settlement

in the West. Across the Muskingum, at Fort Harmar, the new governor,

General St. Clair, had already taken up his official residence. Farther

down the river, Symmes planted a colony from New Jersey on the tract

which he had purchased; and within the next few years settlements were

made in the adjoining district, which Virginia had reserved as bounty

land for her soldiers. The vision of virgin lands in the Ohio country

was beginning to dawn upon the small farmer of the East. Emigration grew

apace. Between February and June, 1788, an observer noted not less than

forty-five hundred settlers drifting past Fort Harmar in their

flatboats, in search of new homes in the wilderness.

While the colonization of the Northwest was going on under the eye of

Governor St. Clair, hardy pioneers were laying the foundations of a new

society in the Southwest, without the protecting arm of the Government.

Before the war Daniel Boone had made his famous trace to "the country of

Kentucke" through the Cumberland Gap; and Robertson had led his colony

from North Carolina to the upper waters of the Tennessee. Settlers had

followed the long-rangers; and numerous communities sprang up by salt

lick and water course. In all these settlements there was much local

independence. For a time the people on the Watauga had established a

government of their own. Upon the cession by North Carolina of her

western lands, the settlers of eastern Tennessee took matters into their

own hands and prepared to organize as a State. Congress had just adopted

the Ordinance of 1784, and one of Jefferson's prospective States

included most of the land already appropriated by these pioneers. They

nourished, too, long-standing grievances. They were taxed for the

support of a government which treated them with contumely and ignored

their administrative needs. The movement toward independence acquired

such headway that not even the repeal of the act of cession by North

Carolina could stay its course. With a confidence born of frontier

conditions these "modern Franks, the hardy mountain men," as a

contemporary called them, drafted a constitution, organized a

government, and appealed to Congress for recognition as a State of the

Confederation. For three years the State of Franklin, as it was

officially christened, under the able leadership of Governor John

Sovier, refused to recognize the authority of North Carolina, even to

the point of resisting the militia by arms. But Congress turned a deaf

ear to the petitions of the insurgents; and in the year 1788, diplomacy

succeeding where coercion had failed, the people of Franklin returned to

their first allegiance.

Much the same centrifugal forces were at work in northwestern Virginia

and western Pennsylvania, a region which felt its isolation keenly.

"Separated by a vast, extensive and almost impassible Tract of

Mountains, by Nature itself formed and pointed out as a Boundary between

this Country and those below it," the settlers of this trans-Alleghany

region besought Congress to recognize them as a "sister colony and

fourteenth province of the American Confederacy."

More menacing to the integrity of Virginia was a movement for

independent statehood among the people of Kentucky. Rivers were the

highways of their commerce and the current of all bore their flatboats

away from the parent State. New Orleans was their inevitable _entrepot_.

The forces of nature seemed to conspire to throw these western

settlements into the hands of Spain. Washington was deeply impressed by

the necessity of connecting the headwaters of the James and the Potomac

with the tributaries of the Ohio, if the trade and allegiance of the

people of Kentucky were to be secured to Virginia and to the Union. "The

western States," he wrote to Governor Harrison of Virginia, "stand as it

were upon a pivot. The touch of a feather would turn them any way." The

situation in Kentucky became more acute as intimations reached the

people that John Jay was proposing to renounce the free navigation of

the Mississippi.

In the summer of 1785, Don Diego de Gardoqui, the first accredited

Minister from Spain, arrived in the United States to settle all

outstanding differences between the two countries. Congress appointed

John Jay as its diplomatic agent and instructed him to hold insistently

to the thirty-first parallel as the southern boundary of the States and

to the free navigation of the Mississippi. The prospect of agreement was

very slight. The American claims were based solely on the Treaty of 1783

which the King of Spain was determined not to recognize. Negotiations

dragged on for months. Reporting to Congress in August, 1786, Jay

advised the abandonment of the claim of free navigation of the

Mississippi for the sake of securing an advantageous commercial treaty

with Spain. The delegates from Northern States were ready to barter away

the Southwest; but the Southern delegates succeeded in postponing action

until the impotent Confederation gave way to a more perfect union.

At the Court of St. James, John Adams was having no better luck in

pressing the rights of the moribund Confederation. Notwithstanding the

explicit terms of the Treaty of 1783, British garrisons still held

strategic posts along the Great Lakes, exercising a strong influence

upon the Indians and guarding the interests of British fur traders. Such

a situation would have been intolerable to a self-respecting nation.

Smothering his pride, Adams mustered all the diplomacy which his nature

permitted and sought an explanation of this extraordinary conduct from

the ministers. He was finally told that he need not expect Great Britain

to relinquish the Western posts so long as the States continued to put

obstacles in the way of the collection of British debts.

A general reluctance to meet financial obligations was a deplorable

aspect of the depression to which American society had succumbed. In all

the States there was a more or less numerous class of debtors who were

convinced that the Government could help them out of all their

distresses. As the cause of all their woes was the scarcity of money,

why, let the Government manufacture money and so put an end to the

stringency. What Madison called "the general rage for paper money"

seized upon Rhode Island, New Jersey, Pennsylvania, the Carolinas, and

Georgia. Coupled with paper-money acts were others designed to alleviate

the distress of the unfortunate. Stay laws of one sort or another were

devised to keep the wolf, in the guise of the sheriff, from the door.

Legal-tender acts made cattle and produce equivalent to money when

offered in payment of debts. Nor was this legislation inspired

altogether by dishonest intent. Many believed with Luther Martin, of

Maryland, that there were times of great public distress and extreme

scarcity of specie when it was the duty of the Government to pass stay

laws and legal-tender acts, "to prevent the wealthy creditor and the

moneyed man from totally destroying the poor, though even industrious,

debtor."

No State suffered more from the paper-money aberration than Rhode

Island. Under pressure from the radical elements the legislature passed

an act for the emission of bills of credit which were to be issued to

any freeholder who would offer as security real estate of any sort to

double the amount of the loan. "Many from all parts of the State made

haste to avail themselves of their good fortune, and mortgaged fields

strewn thick with stones and covered with cedars and stunted pines for

sums such as could not have been obtained for the richest pastures." But

when they sought their creditors, not a merchant nor a shop-keeper could

be found. Nobody fished to have a just debt discharged in such currency.

Not to be thwarted in their purpose, the radicals then enacted a law

which threatened with a summary trial and a heavy fine any one who

refused to accept paper money in payment of debt.

Under this Force Act, one John Weeden, a butcher, was brought to trial

for refusing to receive the paper offered by a customer in payment for

meat. To the discomfiture of the legislature the court refused to

enforce the law in this instance, on the ground that the statute was

contrary to the constitution of Rhode Island; and when summoned before

the legislature to answer for their defiance, the judges boldly stood

their ground. The case of _Trevett_ v. _Weeden_ was not without its

lesson to those who were casting about for ways and means to defend

property from the assaults of popular majorities. In Virginia, too, the

highest state court, in the case of _Commonwealth_ v. _Caton_, boldly

asserted the right of the judiciary to declare void such acts of the

legislature as were repugnant to the constitution.

Meantime the debtor and creditor classes in Massachusetts were locked in

a struggle which menaced the peace of the country. Here as elsewhere

hard times had forced the small farmers of the interior counties to the

wall. No doubt their difficulties were caused in part by their own

improvidence, but they were increased by the prevailing scarcity of

money. So dire was the want of a medium of exchange that many

communities resorted to barter. The editor of a Worcester paper

advertised that he would accept Indian corn, rye, wheat, wood, or

flaxseed, in payment of debts owed to him, up to the amount of twenty

shillings. It seemed to the ignorant farmer that his creditors were

taking an unfair advantage of circumstances in demanding currency to

settle debts which had been contracted when money was abundant. The

law, however, favored the creditor. The jails were filled to overflowing

with men imprisoned for debt; the courts were overwhelmed with actions.

In Worcester County, with a population of less than fifty thousand

people, there were in 1784 two thousand cases on the docket of the

Inferior Court of Common Pleas. In this age of litigation only one class

appeared to thrive--the lawyers. The anger of the poor debtors, inflamed

by attachments and foreclosures, vented itself upon the ostensible cause

of their misfortunes. The excessive costs of courts and the immoderate

fees of lawyers are grievances which bulk large in every indictment

drawn by town meeting or county convention. Young John Quincy Adams,

then a senior in Harvard College, was so affected by the odium which had

fallen upon the practice of law that he was almost ready to abandon the

career which he had chosen.

The adjournment of the General Court in July, 1786, without authorizing

an issue of paper money or passing a legal-tender act or fixing the fees

of lawyers and the costs of courts, contributed to the unrest which was

now assuming a threatening aspect. During August and September riotous

mobs prevented the courts from sitting at Northampton, Worcester, Great

Barrington, and Concord. Alarmed by these disorders Governor Bowdoin

convened the legislature in special session and summoned the militia to

the protection of the capital. While the legislature was devising ways

and means of allaying the public excitement, another demonstration

occurred at Worcester which resulted in the dispersion of the Court of

General Sessions by a force of armed men. From Worcester the disorders

spread into adjoining counties; and something like a concerted movement

upon Boston and Cambridge seemed to be preparing. The prompt action of

the state authorities however, balked the plans of the insurgents. The

main body of insurgents under Shays scattered; but a month later they

rallied around Springfield to prevent the holding of court. Governor

Bowdoin then dispatched troops, four thousand strong, under the command

of General Lincoln, to the assistance and protection of the civil

authorities. A civil war seemed imminent. Shays had planned an attack

upon the national arsenal at Springfield, but he could not bring his

rustics to act together. Before the determined resistance of the local

militia his undisciplined troops broke and fled. The arrival of the

state militia under Lincoln completed the demoralization of Shays' army.

Retreating through the hilly country of Hampshire, they wore finally

overtaken and routed at Petersham. Some of the insurgents went to their

homes, completely humbled and subdued; others fled across the border to

await better times; and still others, unrepentant and unsubdued,

continued to harass the countryside. It was not until the following

September that Governor Bowdoin ventured to disband the militia.

To these disturbances in Massachusetts, Congress had not remained

indifferent. Aside from the direct interest that all members were bound

to take in a rebellion which seemed to threaten the very foundations of

a sister State and which might easily recur in their own, Congress was

concerned for the fate of the national arsenal at Springfield. But no

forces were available for the protection of the property of the

Confederation. The few hundred men who comprised the army were scattered

in garrisons along the western frontier. Acting as intermediary between

Congress and Governor Bowdoin, General Knox as Secretary of War made

what provision he could for the defense of the arsenal by local militia;

but these measures were confessedly inadequate. Upon his report Congress

was finally moved to increase the army, ostensibly for the protection of

the frontier, where in truth Indian hostilities required the presence of

additional troops. As these forces would be raised chiefly in New

England, they could be employed first to protect Springfield. Any open

avowal of this plan was avoided, however, lest the insurgents should

take alarm and immediately attack the arsenal. But these plans were

wrecked on the reef of financial bankruptcy. Congress could only

supplicate the States for money and borrow what it might on its

expectations. Recruiting went on so slowly that the rebellion was

practically over when two companies of artillery, numbering

seventy-three men each, which had been raised in Massachusetts, were

finally marched to Springfield. All the other recruits were dismissed.

The inefficiency of Congress and its want of moral influence were

self-confessed.

In his famous circular letter of 1783, Washington had spoken of the

times as a period of "political probation." The moment had come for the

United States to determine, said he, "whether they will be respectable

and prosperous, or contemptible and miserable, as a nation." Three years

had now passed and the period of probation seemed to have ended in the

ruin of national hopes. The events of the years 1786 made a profound

impression upon the minds of all responsible and conservative men. In

undisguised alarm, Washington wrote: "There are combustibles in every

State which a spark might set fire to.... I feel ... infinitely more

than I can express to you, for the disorders which have arisen in these

States. Good God! Who, besides a Tory, could have foreseen, or a Briton,

predicted them?" Rightly or wrongly, men of the upper classes believed

that the foundations of society were threatened and that the State

Governments would fall a prey to the radical and unpropertied elements,

unless a stronger Federal Government were created. "With this idea, they

are thinking, very seriously," wrote an interested observer at the seat

of Federal Government in New York, "in what manner to effect the most

easy and natural change of the present form of the Federal Government to

one more energetic, that will, at the same time, create respect, and

secure properly life, liberty, and property. It is, therefore, not

uncommon to hear the principles of government stated in common

conversation. Emperors, kings, stadtholders, governors-general, with a

senate or house of lords, and house of commons, are frequently the

topics of conversation." There were those who frankly advocated a

monarchical government as the only way of escape from the ills under

which American society was laboring. There is reason to believe that a

project was on foot to invite Prince Henry of Prussia to become the head

of a new consolidated government. The influence of the Order of the

Cincinnati was much feared by friends of republican institutions.

Individually members of the order did not hesitate to express their

impatience with popular government. What was to come out of this

political chaos, no man could tell.

BIBLIOGRAPHICAL NOTE

The two most extensive histories dealing with the period of the

Confederation are George Bancroft's _History of the Formation of

the Constitution of the United States of America_ (2 vols., 1882)

and G. T. Curtis's _History of the Origin, Formation, and Adoption

of the Constitution of the United States_ (2 vols., 1854). In the

fourth volume of Hildreth's _History of the United States_ (6

vols., 1849-52), a concise but rather dry account of the

Confederation may be found. More entertaining is John Fiske's _The

Critical Period of American History, 1783-1789_ (1888). Valuable

information bearing on the social as well as the political history

of the times is contained in the first volume of J. B. McMaster's

_History of the People of the United States from the Revolution to

the Civil War_ (7 vols., 1883-1913). More recent histories of the

period are A. C. McLaughlin's _The Confederation and the

Constitution, 1783-1789_ (in _The American Nation_, vol. 10,

1905), and Edward Channing's _History of the United States_, vol.

III (3 vols., 1905- ). A vigorous narrative of the exploits of the

pioneers beyond the Alleghanies has been written by Theodore

Roosevelt, _Winning of the West_ (4 vols., 1889-96). A more

restrained account of the beginnings of Western settlement is B.

A. Hinsdale's _The Old Northwest, the Beginnings of our Colonial

System_ (1899).

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