CHAPTER VII.

ORGANIZATION OF THE UNITED STATES.

The Method of Government During the Revolution--Impending Anarchy--The

State Boundaries--State Cessions of Land--Shays' Rebellion--Adoption of

the Constitution--Its Leading Features--The Ordinance of 1787--Formation

of Parties--Election of the First President and Vice-President.

War is not only a blight to mankind, but it inflicts wounds that can

never heal and brings a train of woe and suffering which lasts for

years. The social system is disorganized, industry checked, resources

exhausted, and a debt entailed whose burden is felt for generations. The

United States had won the priceless boon of independence, but the States

were exhausted and in the lowest depths of poverty. They were like those

who, having lost everything, are compelled to begin life anew.

[Illustration: A PLANTATION GATEWAY.

(Entrance to the Estate of William Byrd, at Westover, Va.)]

WEAKNESS OF THE GOVERNMENT.

While the war was under way, the States were held together by the one

common danger, and the Continental Congress managed the affairs of the

Union, but the body was without any authority to govern, and whatever it

did in that direction was only what the people permitted. The State

governments were tangible, for State constitutions had been formed and

the Legislatures received direct authority from the people. When they

chose to disobey Congress they did so, and no penalty could be visited

upon them. As the end of the war approached, the authority of the

respective States increased and that of Congress dwindled until it was

but a mere name and shadow.

The Articles of Confederation were agreed upon by Congress in 1777. They

defined the respective powers of Congress and were not to go into effect

until a majority of the States should agree to them. Within the

following two years all yielded their assent except Maryland, which did

so March 1, 1781.

DISPUTE OVER STATE BOUNDARIES.

The cause of this prolonged delay was the dispute over western

territory. Few persons suspect the extent of the wrangling over the

respective boundaries of the States. When the charters were granted by

England, the western boundaries of New Hampshire, Rhode Island, New

Jersey, Pennsylvania, Delaware, and Maryland were defined, and

consequently they could not ask for an extension of them. New York

insisted that she had no western boundary. The remaining six States had

their western boundaries named as the Pacific Ocean, which was at a

distance that no one dreamed of at the time. They asserted that the

transfer of Louisiana to Spain fixed the Mississippi River as the limit

in that direction.

Among these claims none was so remarkable as that of Virginia. The most

that her sister States asked was that their northern and southern

boundaries should run parallel to the westward, but Virginia insisted

that her northern boundary extended northwest, which, if allowed, would

have given her all of the present States of Kentucky, Ohio, Indiana,

Illinois, Michigan, and Wisconsin. Her claim was crossed by those of

Massachusetts and Connecticut.

The States whose western boundaries had been settled were indignant over

the injustice of the claims of the others, for, since the whole thirteen

assisted in wresting the territory from Great Britain, they asserted

that all should share it. Some of the States sold lands in the west,

whose ownership was disputed by other States, and Maryland, as

intimated, refused her assent to the Articles of Confederation until

assured that these western claims would be abandoned.

HOW THE DISPUTE WAS SETTLED.

It was evident that the only way out of the confusion was by the

surrender of these claims, and New York set the example in 1780. In

response to the earnest request of Congress, Virginia did the same in

1784, Massachusetts in 1785, Connecticut in 1786, South Carolina in

1787, North Carolina in 1790, and Georgia in 1802. The result was that

the western boundaries of the States named were fixed as they are

to-day, and the United States came into the possession of a large

territory. Connecticut held fast to a large strip of land in

northeastern Ohio, which is still known as the Western Reserve. The same

State, which had settled Wyoming in Pennsylvania, claimed it for a time,

but finally gave it up.

It took but a short time to demonstrate the utter worthlessness of the

Articles of Confederation. Congress, the central governing power, had no

authority to lay taxes, punish crimes, or regulate foreign or domestic

commerce. Its whole function was to give advice to the respective

States, which, as might be supposed, paid little or no heed to it.

Furthermore, the stronger States made laws inimical to the smaller ones,

and Congress was powerless to remedy it. Naturally Great Britain

oppressed American commerce, and there was no way of checking it.

The prosperity which most of the people expected to follow peace did not

appear. The Continental currency was not worth the paper it was printed

on. Even at this late day, when a man uses the expression that an

article is "not worth a Continental," it is understood to mean that it

has no value at all.

WASHINGTON'S PATRIOTISM.

The condition of no one was more pitiful than that of the heroes who had

fought through the Revolution and won our independence. They went to

their poverty-smitten homes in rags. While Washington was at his

headquarters at Newburgh, in 1783, an anonymous paper was distributed

among the troops calling upon them to overthrow the civil governments

and obtain their rights by force. They even dared to ask Washington to

become their king, but that great man spurned the offer in a manner that

prevented it ever being repeated. But his sympathy was aroused, and he

finally secured five years' full pay for the officers, and thus averted

the danger.

At that time the Northern and Middle States contained about a million

and a half of people and the Southern a million. Virginia had 400,000

inhabitants, and was the most populous, with Pennsylvania and

Massachusetts next, each having 350,000. The present Empire State of New

York was one of the weak States, the city containing about 14,000,

Boston 20,000, and Philadelphia 40,000. It was estimated that the debt

of the respective States was $20,000,000 and of the country $42,000,000.

SHAYS' INSURRECTION.

Rioting and disorder are always sure to follow so deplorable a condition

of affairs. Daniel Shays, formerly a captain in the Continental army,

headed a mob of 2,000 men in Massachusetts, who demanded the stoppage of

the collection of taxes and the issuance of a large amount of paper

money for general use. When they had dispersed the Supreme Court,

sitting at Springfield, General Lincoln was sent with 4,000 troops to

put down the rebellion. Lincoln placed the judges in their seats, and

then, when the rioters were about to attack him, he gave them a volley.

The rioters scattered and the rebellion ended. Fourteen of the

ringleaders were afterward sentenced to death, but were reprieved and

finally pardoned.

THE MEETING AT ANNAPOLIS.

Shays' rebellion was one of the best things that could have happened,

for it showed the country more clearly than before that it was on the

verge of anarchy, and that the remedy must not be delayed. Long before

this, Washington comprehended the serious peril of the country, and he

was in continual consultation with men whose worth and counsel he

valued. The result was that a meeting of commissioners from Maryland,

Delaware, Pennsylvania, New Jersey, and New York met at Annapolis in

September, 1786. They held an earnest discussion, but as only a minority

of the States were represented, nothing positive could be done, and an

adjournment was had with a recommendation that each State should send

delegates to meet in Philadelphia in May, 1787. The prestige of

Washington's name gave so much weight to the recommendation that at the

appointed date all the States were represented except Rhode Island.

The wisdom of Washington was again manifest in a letter which he wrote

some months before the meeting of the Constitutional Convention, and

which contained the following:

"We have errors to correct. We have probably had too good an opinion of

human nature in forming our confederation. Experience has taught us that

without the intervention of a coercive power, men will not adopt and

carry into execution measures best calculated for their own good. I do

not conceive we can exist long as a nation without having lodged

somewhere a power that will pervade the whole Union in as energetic a

manner as the authority of the State governments extend over the several

States.... I am told that even respectable characters speak of a

monarchical form of government without horror. From thinking proceeds

speaking; thence acting is 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, and that systems founded on the basis

of equal liberty are merely ideal and fallacious!"

When the news reached Washington of the disorders in New England, he was

greatly troubled. "What stronger evidence can be given," he asked, "of

the want of energy in our government than these disorders? If there is

not a power in it to check them, what security has a man for his life,

liberty, or property? The consequences of a bad or inefficient

government are too obvious to be dwelt upon. Thirteen sovereigns pulling

against one another, and all tugging at the federal head, will soon

bring ruin on the whole; whereas, 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."

THE CONSTITUTIONAL CONVENTION OF 1787.

Washington was placed at the head of the delegation from Virginia.

Although he hoped that he would be permitted to spend the rest of his

days in the domestic quiet of Mount Vernon, his patriotism would not

permit him to decline, even though he saw the certainty that the action

would bring him forward once more into public affairs. Only a part of

the delegates met in Philadelphia, May 14, 1787, and an adjournment was

had from day to day until the 25th, when, a majority being present, the

convention organized and unanimously chose Washington as chairman. For

four months it sat with closed doors, meeting in the same room in

Independence Hall where the Declaration of Independence was signed, and

where the chair is still preserved in which Washington sat.

[Illustration: SENATE CHAMBER.]

What an assemblage of great and noble men, all of whose names have

become historical! With the peerless Washington at the head, there were

James Madison, afterward President of the United States; Benjamin

Franklin, Alexander Hamilton, Benjamin West, Edmund Randolph, Robert

Morris, Gouverneur Morris, Sherman, Clymer, Read, and Dickinson. It may

well be imagined that among those men the discussions, which were

continued several hours daily, were of the most interesting nature.

Inevitably there was a diversity of views, and the arguments at times

grew warm, but with such an aggregation of statesmanship and wisdom, the

best results were certain. Steadily the wonderful Constitution was

moulded into shape, and on the 17th of September was signed by all the

delegates except Randolph and Mason, of Virginia, and Gerry, of

Massachusetts. It was then submitted to Congress, which forwarded it to

the respective States for acceptance or rejection--the assent of nine

being necessary to make it operative.

So important a document was sure to elicit earnest discussion and many

able men opposed its adoption. At that early day appeared the germs of

the present political parties. The problem was as to the right division

of power between the national or central government and the respective

States. Those who favored the widest latitude to the States were called

Republicans, while their opponents were given the name of Federalists.

The views of the latter predominated in the main, though the

Constitution was really a compromise between its supporters and

opponents.

The beneficent features of the instrument were so manifest that its

adoption soon followed. On June 21, 1788, New Hampshire ratified it,

and, being the ninth State, its provisions became operative throughout

the Union. North Carolina and Rhode Island did not assent, and the

Constitution went into effect without their vote. These two States had

issued a good deal of paper money, and disliked the Constitution because

it forbade such action. The opposition of the other States was caused by

the fear that too much power was conferred upon the central government.

To remove this not wholly unreasonable objection, the first ten

amendments were adopted and ratified in 1791.

FEATURES OF THE CONSTITUTION.

The Constitution supplied the great requirement without which the

government itself would have been a nullity: the power to act supplanted

the power simply to advise. The government consists of three

departments: a legislative or Congress, which makes the laws; an

executive department, consisting of the President and his officers, to

execute the laws made by Congress; and a judiciary department (the

Federal courts), which decides disputed questions under the laws. The

Constitution is our supreme law and must be obeyed by the general

government, the State governments, and the people; if not, the general

government punishes the offender.

Congress, or the legislative department, consists of two branches, the

Senate and House of Representatives. Each State, no matter what its

population, is entitled to two Senators, who serve for six years and are

elected by the respective State Legislatures; the Representatives are

apportioned according to the population, are voted for directly by the

people, and serve for two years. In this admirable manner, each State is

protected by its Senators against any encroachment upon its rights,

while the populous States receive the recognition to which they are

entitled through the House of Representatives.

Congress, the two branches acting together, lay taxes, borrow money,

regulate commerce, coin money, establish post offices, declare war,

raise and support armies and navies, and employ militia to suppress

insurrections. All States are forbidden to do any of these things,

except to impose their own taxes, borrow for themselves, and employ

their own militia. A majority of each house is enough to pass any bill,

unless the President within ten days thereafter vetoes the act (that is,

objects to it), when a two-thirds vote of each branch is necessary to

make it a law. Treaties made by the President do not go into effect

until approved by a two-thirds vote of the Senate.

[Illustration: HOUSE OF REPRESENTATIVES.]

The executive department is vested in the President, chosen every four

years by electors, who are voted for by the people. The President is

commander-in-chief of the army and navy and appoints the majority of

officers, it being necessary that most of the appointments shall be

confirmed by the Senate. In case of misconduct, the President is to be

impeached (charged with misconduct) by the House of Representatives and

tried by the Senate. If convicted and removed, or if he should die or

resign or be unable to perform the duties of his office, the

Vice-President takes his place and becomes President. With this

exception, the Vice-President presides over the Senate, with no power to

vote except in case of a tie. No provision was made for a successor in

the event of the death of the Vice-President, but in 1886 the

Presidential Succession Law was passed, which provides that, in case of

the death or disability of the President and Vice-President, the order

of succession shall be the secretaries of State, of the treasury, of

war, the attorney-general, the postmaster-general, and the secretaries

of the navy and of the interior.

The judiciary department, or power to decide upon the constitutionality

of laws, was given to one supreme court and such inferior courts as

Congress should establish. The judges are appointed by the President and

Senate and hold office during life or good behavior. The State courts

have the power of appeal to the supreme court of the United States,

whose decision is final, the questions being necessarily based upon

offenses against any law of Congress, or upon the doubtful meaning of a

law, or the doubt of the constitutional power of Congress to pass a law.

At the time of the adoption of the Constitution, three-fifths of the

slaves were to be counted in calculating the population for the

Representatives. Fugitive slaves were to be arrested in the States to

which they had fled. New Territories were to be governed by Congress,

which body admits the new States as they are formed. Each State is

guaranteed a republican form of government, and the vote of

three-fourths of the States can change the Constitution through the

means of amendments. The provisions regarding slavery, as a matter of

course, lost their effect upon the abolishment of the institution at the

close of the Civil War.

THE ORDINANCE OF 1787.

Congress remained in session in New York, while the Philadelphia

convention was at work upon the Constitution, and during that period

organized a territorial government for the immense region northwest of

the Ohio, which belonged to the United States. The enterprising nature

of the American people asserted itself, and hundreds of emigrants began

making their way into that fertile section, where the best of land could

be had for the asking. But the Indians were fierce and warred

continually against the settlers. Most of these had been soldiers in the

Revolution, and they generally united for mutual protection. The Ohio

Company was formed in 1787, and, in order to assist it, Congress passed

the Ordinance of 1787, of which mention has been made.

Slavery was forever forbidden in the Territory northwest of the Ohio,

and the inhabitants were guaranteed full religious freedom, trial by

jury, and equal political and civil privileges. The governors of the

Territory were to be appointed by Congress until the population was

sufficient to permit the organization of five separate States, which

States should be the equal in every respect of the original thirteen.

From the Territory named the powerful and prosperous States of Ohio,

Indiana, Michigan, Illinois, and Wisconsin were afterward formed.

SETTLEMENT OF THE WEST.

The Indian titles to 17,000,000 acres of land in the Territory had been

extinguished by treaties with the leading tribes, despite which the red

men contested the advancing settlers with untiring ferocity. Flatboats

were attacked on their way down the Ohio, and the families massacred;

blockhouses were assailed, and the smoke of the settlers' burning cabins

lit the skies at night. The pioneer path to the fertile region was

crimsoned by the blood of those who hewed their way through the western

wilderness.

Until formed into States, the region was known as _The Northwestern

Territory_. In 1788, Rufus Putnam, of Massachusetts, at the head of

forty pioneers, founded the settlement of Marietta, and within the same

year 20,000 people erected their homes in the region that had been

visited by Daniel Boone and others nearly twenty years before.

No sooner had the ninth State ratified the Constitution than the

Congress of the Confederation named March 4, 1789, as the day on which,

in the city of New York, the new government should go into effect.

The time had come for the selection of the first President of the United

States, and it need not be said that the name of only one

man--WASHINGTON--was in people's thoughts. So overmastering was the

personality of that great man that he was the only one mentioned, and

what is most significant of all, not a politician or leader in the

country had the effrontery to hint that he had placed himself "in the

hands of his friends" in the race for the presidency. Had he done so, he

would have been buffeted into eternal obscurity.

Whatever may be said of the ingratitude of republics, it can never be

charged that the United States was ungrateful to Washington. The people

appreciated his worth from the first, and there was no honor they would

not have gladly paid him.

THE FIRST PRESIDENTIAL ELECTION.

The date of the 4th of March was fixed without special reason for

launching the new government, and it has been the rule ever since,

though it often falls upon the most stormy and unpleasant day of the

whole year. Some of the States were so slow in sending their

representatives to New York, that more than a month passed before a

quorum of both houses appeared. When the electoral vote for the

President was counted, it was found that every one of the sixty-nine had

been cast for Washington. The law was that the person receiving the next

highest number became Vice-President. This vote was: John Adams, of

Massachusetts, 34; John Jay, of New York, 9; R.H. Harrison, of Maryland,

6; John Rutledge, of South Carolina, 6; John Hancock, of Massachusetts,

4; George Clinton, of New York, 3; Samuel Huntington, of Connecticut, 2;

John Milton, of Georgia, 2; James Armstrong, of Georgia, Benjamin

Lincoln, of Massachusetts, and Edward Telfair, of Georgia, 1 vote each.

Vacancies (votes not cast).

John Adams, of Massachusetts, therefore, became the first

Vice-President.

[Illustration: AN OLD INDIAN FARM-HOUSE.]

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