CHAPTER III.

1786-1787.

NO SECURITY AFFORDED BY THE CONFEDERATION TO THE STATE

GOVERNMENTS.--SHAYS'S REBELLION IN MASSACHUSETTS, AND ITS KINDRED

DISTURBANCES.

No federative government can be of great permanent value, which is not

so constructed that it may stand, in some measure, as the common

sovereign of its members, able to protect them against internal

disorders, as well as against external assaults. The Confederation

undertook but one of these great duties. It was formed at a time when

the war with England was the great object of concern to the revolted

Colonies, and when they felt only the exigencies which that war created.

Hence its most important powers, as well as its leading purpose,

concerned the common cause of resistance to a foreign domination. A

federal league of States independent of each other, formed principally

for mutual defence against a common enemy, was all that succeeded to the

general superintending power of the British crown, by which the internal

affairs of each of them had always been regulated and controlled, in the

last resort. When the tie was broken by which they had been held to the

parent state, each of them created for itself a new government, resting

for its basis on the popular will, and deriving its authority directly

from the people; but none of them provided for the creation of a power,

external to itself, which might stand as the guarantor and protector of

their new institutions, and secure the principles on which they rested

against violence and overthrow. Yet the constitutions thus formed, from

their peculiar nature, eminently needed the safeguards which such a

power could afford.

These constitutions were admirably constructed. They contained

principles imperfectly known to the ancient governments; found in modern

times only in the government of England; and applied there with far less

consistency and completeness. They embraced the regular distribution of

political power into distinct departments; legislative checks and

balances, by means of two coördinate branches of the legislature; a

judiciary in general holding office during good behavior; and the

representation of the people in the legislature, by deputies of their

own actual election, in which the theory of such representation was more

perfectly carried into practice than it had ever been in the country

from which it was derived. But the fundamental principle on which they

all rested, and without which they could not maintain existence,

required means of defence. They were established upon the great

doctrine, that it is the right of every political society to govern

itself, and for the purposes of such self-government, to create such

constitutions and ordain such fundamental laws as its own judgment and

its own intelligent choice may find best suited to its own interests.

But society can act only by an expression of the aggregate will of its

members; and as there may be members who dissent from the views and

determinations of the great mass of society, and it is therefore

necessary to decide with whom the power of compelling obedience

resides,--since there must be obedience in order that there may be

peace,--nature and reason have determined that this power is to reside

with a majority of the members. The American constitutions, therefore,

are founded wholly upon the principle, that a majority expresses the

will of the whole society, and may establish, change, and abrogate forms

of government at its pleasure.[254] It follows, as a necessary deduction

from this fundamental doctrine, that so soon as society has acted in the

formation and establishment of a government, upon this principle, no

change can take place, but by a new expression of the will of society

through the voice of a majority; and whether a majority desires or has

actually decreed a change, is a fact that must be made certain, and can

only be made certain in one of two modes,--either by the evidence and

through the channels which the society has previously ordained for this

purpose, or by the submission of all its members to a violent and

successful revolution.

The first constitution of Massachusetts did not designate any mode in

which it was to be amended or changed. But no peaceable change can take

place in any government founded on the expressed will of a majority of

the people, consistently with the principle on which it had been

established, until it has been ascertained, in some mode, that a change

is demanded by the same authority. The vital importance of ascertaining

this fact with precision was not so clearly perceived, at that early

period, as it is now.

Seizing upon the newly established doctrine, which made them the sources

of all political power, the people did not at once apprehend the rule

which preserves and upholds that power, and makes the doctrine itself

both practicable and safe. Hence, when troubles arose, individuals were

led to suppose that they had only to declare a grievance, to demand a

change, and to compel a compliance with their demand by force. So far as

they reasoned at all, they persuaded themselves that, as their

government was the creation of the people, by their own direct act,

bodies of the people could assemble in their primary capacity, and, by

obstructing any of its functions which they connected with a particular

grievance, produce a reform, which the people have always a right to

make. By overlooking, in this manner, the only safe and legitimate mode

in which the popular will can be really ascertained, they passed into

the mischiefs of anarchy and rebellion, mistaking the voices of a

minority for the ascertained will of society.

To these tendencies, the recently established governments of New

England, where the spirit of liberty was most vigorous, could oppose no

efficient check; while, in any open outbreak, they were without any

external defender, on whose power they could lean. The Confederation

succeeded to the Revolutionary Congress, as we have more than once had

occasion to observe, with less power than its predecessor might have

exercised. It was formed by a written constitution, yet it was, strictly

speaking, scarcely a government. It was a close union of the States; but

it was a union from which all powers had been jealously withheld which

would have enabled it to interfere with vigor and success between an

insurgent minority of the people of a State and its lawful rulers. The

Revolutionary Congress was once possessed of such large, indefinite

powers, that, upon principles of public necessity, it might have

assumed, in a great emergency, to hold a direct relation to the internal

concerns of any Colony. It was, in fact, looked to, in some degree, for

direction in the formation of the State governments, after it had

broken the bonds of colonial allegiance to the English crown; and it

might very properly have undertaken to support the governments whose

establishment it had recommended. But such a relation between the early

States and the continental power, though it certainly existed in 1776,

was soon lost in the independent and jealous attitude which they began

to occupy, and the Union rapidly assumed a position, where the character

of sovereignty which it appeared to wear when it promulgated the

Declaration of Independence was scarcely to be discerned. At no period

in the history of the Confederation did it act upon the internal

concerns or condition of a State. Its written articles of union hardly

admitted of a construction which would have enabled it to do so, and

certainly contained no express delegation of such a power.

At the same time, some of the State governments, during the period of

which we are treating, were singularly exposed to the dangers of

anarchy. None of them had any standing forces of any consequence, three

years after the peace, and the New England States had no military forces

whatever but their militia. No State could call upon its neighbors for

aid in quelling an insurrection, for their militia would not have obeyed

the summons, if it had been issued; and no State could call upon the

federal government, in such an emergency, with any certainty of success

in the application.[255]

In such a state of things, the year 1786 witnessed an insurrection in

Massachusetts of a very dangerous character, which, from the fortunate

circumstance that her counsels were then guided by a man of singular

energy and firmness of character, she was just able to subdue. The

remote causes of this insurrection lie too far from the path of our main

subject to be more than summarily stated.

At the close of the Revolutionary war, the State of Massachusetts was

oppressed with an enormous debt. At the breaking out of that war, the

debt of the Colony was less than one hundred thousand pounds. The

private debt of the State, in the year 1786, was one million three

hundred thousand pounds, besides two hundred and fifty thousand pounds

due to the officers and soldiers of the State line of the Revolutionary

army. The State's proportion of the federal debt was not less than one

million and a half of pounds.[256] According to the customary mode of

taxation, one third of the whole debt was to be paid by the ratable

polls, which scarcely exceeded ninety thousand.[257] The Revolution had

made the people of Massachusetts familiar with the great general

doctrines of liberty and human rights; but it had given them little

insight into the principles of revenue and finance, and little

acquaintance with the rules of public economy. No sufficient means,

therefore, to relieve the people from direct taxation, by encouraging a

revival of trade and at the same time drawing from it a revenue, were

devised by the legislature. The exports of the State, moreover, had

suffered a fearful diminution. The fisheries, which had been a fruitful

source of prosperity to the colony, had been nearly destroyed by the

war, and the markets of the West Indies and of Europe were now closed to

the products of this lucrative industry, by which wealth had formerly

been drawn from the wastes of the ocean. The State had scarcely any

other commodity to exchange for the precious metals in foreign commerce.

Its agriculture yielded only a scanty support to its population, if it

yielded so much; its manufactures were in a languishing condition; and

its carrying trade had been driven from the seas during the war, and

was afterwards annihilated by the oppressive policy of England, which

succeeded the Peace. The people were every year growing poorer than they

had been the year before, and taxes, onerous taxes, beyond their

resources and always odious, were pressing upon them with a constantly

increasing accumulation, from which the political state of the country

seemed to promise no relief.[258]

But the demand of the tax-gatherer was not the sole burden which

individuals had to encounter. Private debts had accumulated during the

war, in almost as large a ratio as the public obligations. The

collection of such debts had been generally suspended, while the

struggle for political freedom was going on; but that struggle being

over, creditors necessarily became active, and were often obliged to be

severe. Suits were multiplied in the courts of law beyond all former

precedent, and the first effect of this sudden influx of litigation was

to bring popular odium upon the whole machinery of justice. In a state

of society approaching so nearly to a democracy, the class of debtors,

if numerous, must be politically formidable. They had begun to be so

before the close of the war. Their clamors and the supposed necessity of

the case led the legislature, in 1782, to a violation of principle, in a

law known as the Tender Act, by which executions for debt might be

satisfied by certain articles of property, to be taken at an

appraisement. This law was limited in its operation to one year; but in

the course of that year it taught the debtors their strength, and gave

the first signal for an attack upon property. A levelling, licentious

spirit, a restless desire for change, and a disposition to throw down

the barriers of private rights, at length broke forth in conventions,

which first voted themselves to be the people, and then declared their

proceedings to be constitutional. At these assemblies, the doctrine was

publicly broached, that property ought to be common, because all had

aided in saving it from confiscation by the power of England. Taxes were

voted to be unnecessary burdens, the courts of justice to be intolerable

grievances, and the legal profession a nuisance. A revision of the

constitution was demanded, in order to abolish the Senate, reform the

representation in the House, and make all the civil officers of the

government eligible by the people.

A passive declaration of their grievances did not, however, content the

disaffected citizens of Massachusetts. They proceeded to enforce their

demands. The courts of justice were the nearest objects for attack, as

well as the most immediately connected with the chief objects of their

complaints. Armed mobs surrounded the court-houses in several counties,

and sometimes effectually obstructed the sessions of the courts. These

acts were repeated, until, in the autumn of 1786, the insurrection broke

out in a formidable manner in the western part of the State. The

insurgents actually embodied, and in arms against the government, in the

month of December, in the counties of Worcester and Hampshire, numbered

about fifteen hundred men, and were headed by one Daniel Shays, who had

been a captain in the continental army.[259]

The executive chair of the State was at that time filled by James

Bowdoin; a statesman, firm, prudent, of high principle, and devoted to

the cause of constitutional order. In the first stages of the

disaffection, he had been thwarted by a House of Representatives, in

which the majority were strongly inclined to sympathize with the general

spirit of the insurgents; but the Senate had supported him. Afterwards,

when the movement grew more dangerous, the legislature became more

reconciled to the use of vigorous means to vindicate the authority of

the government, and a short time before it actually took the form of an

armed and organized rebellion against the Commonwealth, they had

encouraged the Governor to use the powers vested in him by the

constitution to enforce obedience to the laws. The Executive promptly

met the emergency. A body of militia was marched against the insurgents,

and by the middle of February they were dispersed or captured, with but

little loss of life.

The actual resources of the State, however, to meet an emergency of this

kind, were feeble and few. A voluntary loan, from a few public-spirited

individuals, supplied the necessary funds, of which the treasury of the

State was wholly destitute.[260] At one time, so general was the

prevalence of discontent, even among the militia on whom the government

were obliged to rely, that men were known openly to change sides in the

field, when the first bodies of troops were called out.[261] Had the

government of the State been in the hands of a person less firm and less

careless of popularity than Bowdoin, it would have been given up to

anarchy and civil confusion. The political situation of the country did

not seem to admit of an application to Congress for direct assistance,

and there is no reason to suppose that such an application would have

been effectively answered, if it had been made.[262]

When the news of the disturbances in Massachusetts, in the autumn of

1786, was received in Congress, it happened that intelligence from the

Western country indicated a hostile disposition on the part of several

Indian tribes against the frontier settlements. A resolve was

unanimously adopted, directing one thousand three hundred and forty

additional troops to be raised, for the term of three years, for the

protection and support of the States bordering on the Western territory

and the settlements on and near the Mississippi, and to secure and

facilitate the surveying and selling of the public lands.[263] From the

fact that the whole of these troops were ordered to be raised by the

four New England States, and one half of them by the State of

Massachusetts, and from other circumstances, it is quite apparent that

the object assigned was an ostensible one, and that Congress intended by

this resolve to strengthen the government of that State and to overawe

the insurgents.[264] But this motive could not be publicly announced.

The enlistment went on very slowly, however, until February, when a

motion was made by Mr. Pinckney of South Carolina to stop it altogether,

upon the ground that the insurrection in Massachusetts, the real, though

not the ostensible, object of the resolve, had been crushed. Mr. King of

Massachusetts earnestly entreated that the federal enlistments might be

permitted to go on, otherwise the greatest alarm would be felt by the

government of the State and its friends, and the insurrection might be

rekindled. Mr. Madison advised that the proposal to rescind the order

for the enlistments should be suspended, to await the course of events

in Massachusetts. At the same time, he admitted that it would be

difficult to reconcile an interference of Congress in the internal

controversies of a State with the tenor of the Articles of

Confederation.[265] The whole subject was postponed, and the direct

question of the power of Congress was not acted upon. In the Convention

which framed the Constitution, it was very early declared, that the

Confederation had neither constitutional power, nor means, to interfere

in case of a rebellion in any State.[266]

This generation can scarcely depict to itself the alarm which these

disturbances spread through the country, and the extreme peril to which

the whole fabric of society in New England was exposed. The numbers of

the disaffected in Massachusetts amounted to one fifth of the

inhabitants in several of the populous counties. Their doctrines and

purposes were embraced by many young, active, and desperate men in Rhode

Island, Connecticut, and New Hampshire, and the whole of this faction in

the four States was capable of furnishing a body of twelve or fifteen

thousand men, bent on annihilating property, and cancelling all debts,

public and private.[267]

But this great peril was not without beneficial consequences. It

displayed, at a critical moment, when a project of amending the Federal

Constitution for other purposes was encountering much opposition, a more

dangerous deficiency than any to which the public mind had hitherto been

turned. While thoughtful and considerate men were speculating upon the

causes of diminished prosperity and the general feebleness of the system

of government, a gulf suddenly yawned beneath their feet, threatening

ruin to the whole social fabric. It was but a short time before, that

the people of this country had shed their blood to obtain constitutions

of their own choice and making. Now, they seemed as ready to overturn

them as they had once been to extort from tyranny the power of creating

and erecting them in its place. It was manifest, that to achieve the

independence of a country is but half of the great undertaking of

liberty;--that, after freedom, there must come security, order, the wise

disposal of power, and great institutions on which society may repose in

safety. It was clear, that the Federal Union alone could certainly

uphold the liberty which it had gained for the people of the States, and

that, to enable it to do so, it must become a government.[268]

From his retreat at Mount Vernon, Washington observed the progress of

these disorders with intense anxiety. To him, they carried the strongest

evidence of a want of energy in the system of the Federal Union. They

did more than all things else to convince him that "a liberal and

energetic constitution, well checked and well watched to prevent

encroachments, might restore us to that degree of respectability and

consequence to which we had the fairest prospect of attaining."[269] He

was kept accurately informed of the state of things in New England, and

the probability that he would be obliged to come forward, and take an

active part in the support of order against civil discord, was directly

intimated to him.[270] He had foreseen the possibility of this; but the

successful issue of the struggle relieved him from the contemplation of

this painful task, and left to him only the duty of giving the whole

weight of his influence and presence in the Convention, which was to

assemble in the following May, for the revision of the Federal

Constitution.

FOOTNOTES:

[254] Gibbon, with that graceful satire which knew how to hit two

objects with the same stroke of his pen, describes hereditary monarchy

as "an expedient which deprives the multitude of the dangerous, and

indeed the ideal, power of giving themselves a master." The historian of

the Decline and Fall began to publish his great work, just as the

American Revolution burst upon the world. Since that sentence was

penned, the experiment of a system, by which the multitude give to

themselves a master, in the constitutional organs of their own will, has

had a fair trial. We may not say that its trial is past, or that the

system is established beyond the possibility of further dangers. But we

may with a just pride point to its escape, in the days of its first

establishment and greatest danger, and to the securities which the

Constitution of the United States now affords, against similar perils,

when they threaten the constitutions of the States.

[255] A power to interfere in the internal concerns of a State would

only have been exercised by a broad construction of the third of the

Articles of Confederation, which was in these words: "The said States

hereby severally enter into a firm league of friendship with each other,

for their common defence, the security of their liberties, and their

mutual and general welfare; binding themselves to assist each other

against all force offered to or attacks made upon them, or any of them,

on account of religion, sovereignty, trade, or any other pretence

whatever." When this is compared with the clear and explicit provision

in the Constitution, by which it is declared that "the United States

shall guarantee to every State in this Union a republican form of

government," there can be no wonder that a doubt was felt in the

Congress of 1786-87 as to their powers upon this subject. It is true

that the Massachusetts delegation, when they laid before Congress the

measures which had been taken by the State government to suppress the

insurrection, expressed the confidence of the legislature that the

firmest support and most effectual aid would have been afforded by the

United States, had it been necessary, and asserted that such support and

aid were expressly and solemnly stipulated by the Articles of

Confederation. (Journals, XII. 20. March 9, 1787.) But this was clearly

not the case; and it was not generally supposed in Congress that the

power existed by implication. All that was done by Congress towards

raising troops, at the time of the insurrection, was done for the

_ostensible_ purpose of protecting the frontiers against an Indian

invasion, as we shall see hereafter.

[256] Minot's History of the Insurrection, p. 6.

[257] Ibid.

[258] See the next chapter for some particulars respecting the trade of

Massachusetts.

[259] Minot's History of the Insurrection, p. 82 et seq.

[260] Governor Bowdoin's Speech to the Legislature, February 3, 1787.

[261] Minot.

[262] In the spring of 1786, the State had asked the loan from Congress

of sixty pieces of field artillery. The application was refused, by the

negative vote of six States out of eight, one being divided, and the

delegation from Massachusetts alone supporting it. Journals, XI. 65-67.

April 19, 1786.

[263] Journals, XI. 258. October 30, 1786.

[264] It was well understood, for instance, in the legislature of

Virginia, that this was the real purpose; for Mr. Madison says that this

consideration inspired the ardor with which they voted, towards their

quota of the funds called for to defray the expenses of this levy, a tax

on tobacco, which would scarcely have been granted for any other

purpose, as its operation was very unequal. Elliot's Debates, V. 95.

February 19, 1787.

[265] Ibid.

[266] Ibid. 127.

[267] This was the estimate of their numbers formed by General Knox, on

careful inquiry, and by him given to General Washington. See a letter

from General Washington to Mr. Madison. Works, IX. 207.

[268] Washington, writing to Henry Lee in Congress, October 31, 1786,

says: "You talk, my good sir, of employing influence to appease the

present tumults in Massachusetts. I know not where that influence is to

be found, or, if attainable, that it would be a proper remedy for the

disorders. _Influence_ is not _government_. Let us have a government by

which our lives, liberties, and properties will be secured, or let us

know the worst at once." Works, IX. 204.

[269] Ibid. 208.

[270] Ibid. 221.

History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1 With Notices of Its Principle Framers · 第 3 / 16 章