CHAPTER VII

THE FORMATION OF THE UNITED STATES, 1781-1798

The British colonists, who assumed independent legal existence with the

adoption of Articles of Confederation in 1781, had managed to carry

through a revolution and emerge into the light of peace. They were now

required to learn, in the hard school of experience, those necessary

facts of government which they had hitherto ignored, and which, even in

the agonies of civil war, they had refused to recognize.

Probably with three-quarters of the American people, the prevailing

political sentiment was that of aversion to any governmental control,

coupled with a deep-rooted jealousy and distrust of all officials, even

those chosen by and dependent upon themselves. Their political ideals

contemplated {130} the government of each colony chiefly by the elected

representatives of the voters, who should meet annually to legislate

and tax, and then, having defined the duties of the few permanent

officers in such a way as to leave them little or no discretion, should

dissolve, leaving the community to run itself until the next annual

session. Authority of any kind was to them an object of traditional

dread, even when exercised by their own agents. The early State

constitutions concentrated all power in the legislature, leaving the

executive and judicial officials little to do but execute the laws.

The only discretionary powers enjoyed by governors were in connection

with military affairs.

In establishing the Articles of Confederation the statesmen of the

Continental Congress had no intention of creating in any sense a

governing body. All that the Congress could do was to decide upon war

and peace, make treaties, decide upon a common military establishment,

and determine the sums to be contributed to the common treasury. These

matters, moreover, called for an affirmative vote of nine States in

each case. There was no federal executive or judiciary, nor any

provision for enforcing the votes of the Congress. To carry out any

single thing committed by the Articles to the Congress, and duly voted,

required the {131} positive co-operation of the State legislatures, who

were under no other compulsion than their sense of what the situation

called for and of what they could afford to do.

Things were, in short, just where the colonists would have been glad to

have them before the Revolution--with the objectionable provincial

executives removed, all coercive authority in the central government

abolished, and the legislatures left to their own absolute discretion.

In other words, the average American farmer or trader of the day felt

that the Revolution had been fought to get rid of all government but

one directly under the control of the individual voters of the States.

Typical of such were men like Samuel Adams of Massachusetts and Patrick

Henry of Virginia. They had learned their politics in the period

before the Revolution, and clung to the old colonial spirit, which

regarded normal politics as essentially defensive and anti-governmental.

On the other hand, there were a good many individuals in the country

who recognized that the triumph of the colonial ideal was responsible

for undeniable disasters. Such men were found, especially, among the

army officers and among those who had tried to aid the cause in

diplomatic or civil office during the Revolution. Experience made them

realize that the practical abolition of all {132} executive authority

and the absence of any real central government had been responsible for

chronic inefficiency. The financial collapse, the lack of any power on

the part of Congress to enforce its laws or resolutions, the visible

danger that State legislatures might consult their own convenience in

supporting the common enterprises or obligations--all these

shortcomings led men like Washington, Hamilton, Madison, Webster, a

pamphleteer of New England, to urge even before 1781 that a genuine

government should be set up to replace the mere league. Their

supporters were, however, few, and confined mainly to those merchants

or capitalists who realized the necessity of general laws and a general

authority. It is scarcely conceivable that the inherited prejudices of

most Americans in favour of local independence could have been

overborne had not the Revolution been followed by a series of public

distresses, which drove to the side of the strong-government

advocates--temporarily, as it proved--a great number of American voters.

When hostilities ended, the people of the United States entered upon a

period of economic confusion. In the first place, trade was

disorganized, since the old West India markets were lost and the

privileges formerly enjoyed under the Navigation Acts were terminated

by the separation of the {133} countries. American shippers could not

at once discover in French or other ports an equivalent for the former

triangular trade. In the second place, British manufacturers and

exporters rushed to recover their American market, and promptly put out

of competition the American industries which had begun to develop

during the war. Specie, plentiful for a few months, now flowed rapidly

out of the country, since American merchants were no longer able to buy

British goods by drawing on West India credits. At the same time, with

the arrival of peace, the State courts resumed their functions, and

general liquidation began; while the State legislatures, in the effort

to adjust war finances, imposed what were felt to be high taxes. The

result was a general complaint of hard times, poverty, and insufficient

money. Some States made efforts to retaliate against Great Britain by

tariffs and navigation laws, but this only damaged their own ports by

driving British Trade to their neighbours'. Congress could afford no

help, since it had no power of commercial regulation.

The effect upon the working of the Confederation showed that a majority

of Americans had learned nothing from all their experiences, for the

State legislatures declined to furnish to the central government any

{134} more money than they felt to be convenient, regardless of the

fact that without their regular support the United States was certain

to become bankrupt. Robert Morris was appointed Financier in 1871, and

took energetic steps to introduce order into the mass of loan

certificates, foreign loans, certificates of indebtedness, and

mountains of paper currency; but one unescapable fact stood in his way,

that the States felt under no obligation to pay their quotas of

expenses. In spite of his urgent appeals, backed by resolutions of

Congress, the government revenues remained too scanty to pay even the

interest on the debt. Morris resigned in disgust in 1784; and his

successors, a committee of Congress, found themselves able to do

nothing more than confess bankruptcy. The people of the States felt

too poor to support their federal government, and, what was more, felt

no responsibility for its fate.

Without revenue, it naturally followed that the Congress of the

Confederation accomplished practically nothing. As will be shown

later, it could secure no treaties of any importance, since its

impotence to enforce them was patent. It managed to disband the

remaining troops with great difficulty and only under the danger of

mutiny, a danger so great that it took all of {135} Washington's

personal influence to prevent an uprising at Newburg in March, 1783.

For the rest, its leaders, men often of high ability--Hamilton,

Madison, King of Massachusetts, Sherman of Connecticut--found

themselves helpless. Naturally they appealed to the States for

additional powers and submitted no less than three amendments: first,

in 1781, a proposal to permit Congress to levy and collect a five per

cent. duty on imports; then, in 1783, a plan by which certain specific

duties were to be collected by State officers and turned over to the

government; and finally, in 1784, a request that Congress be given

power to exclude vessels of nations which would not make commercial

treaties. No one of these succeeded, although the first plan failed of

unanimous acceptance by one State only. The legislatures recognized

the need, but dreaded to give any outside power whatever authority

within their respective boundaries. While those who advocated these

amendments kept reiterating the positive necessity for some means to

avert national disgrace and bankruptcy, their opponents, reverting to

the language of 1775, declared it incompatible with "liberty" that any

authority other than the State's should be exercised in a State's

territory. By 1787, it was clear that any hope of specific amendments

was vain. Unanimity from {136} thirteen legislatures was not to be

looked for.

On the other hand, where the States chose to act they produced

important results. The cessions of western lands, which had been

exacted by Maryland as her price for ratifying the Articles, were

carried out by New York, Massachusetts, Connecticut, and Virginia until

the title to all territory west of Pennsylvania and north of the Ohio

was with the Confederation. Then, although nothing in the Articles

authorized such action, Congress, in 1787, adopted an Ordinance

establishing a plan for settling the new lands. After a period of

provincial government, substantially identical with that of the

colonies, the region was to be divided into States and admitted into

the union, under the terms of an annexed "compact" which prohibited

slavery and guaranteed civil rights. But where the States did not

co-operate, confusion reigned. Legislatures imposed such tariffs as

they saw fit, which led to actual inter-State commercial

discriminations between New York and its neighbours. Connecticut and

Pennsylvania wrangled over land claims. The inhabitants of the

territory west of New Hampshire set up a State government under the

name of Vermont, and successfully maintained themselves against the

State of New York, {137} which had a legal title to the soil, while the

frontier settlers in North Carolina were prevented only by inferior

numbers from carrying through a similar secession.

Finally, in the years 1785-7, the number of those who found the

unrestrained self-government of the separate States another name for

anarchy was enormously increased by a sudden craze for paper money,

"tender" laws, and "stay" laws which swept the country. The poorer

classes, especially the farmers, denounced the courts as agents of the

rich, clamoured for more money to permit the easy payment of

obligations, and succeeded in compelling more than half of the States

to pass laws hindering the collection of debts and emitting bills of

credit, which promptly depreciated. Worse remained. In New Hampshire,

armed bands tried to intimidate the legislature; and in Massachusetts

the rejection of such laws brought on actual insurrection. Farmers

assembled under arms, courts were broken up, and a sharp little civil

war, known as Shays' Rebellion, was necessary before the State

government could re-establish order.

In these circumstances, a sudden strong reaction against mob rule and

untrammelled democracy ran through the country, swinging all men of

property and law-abiding habits powerfully in favour of the demand

{138} for a new, genuinely authoritative, national government, able to

compel peace and good order. So the leaders of the reform party

struck; and at a meeting of Annapolis in October, 1786, summoned

originally to discuss the problem of navigating the Potomac River, they

issued a call for a convention of delegates from all the States to meet

at Philadelphia in May, 1787, for the purpose of recommending

provisions "intended to render the federal government adequate to the

exigencies of the Union." This movement, reversing the current of

American history, gained impetus in the winter of 1787. Congress

seconded the call; and, after Virginia had shown the way by nominating

its foremost men as delegates, the other States fell into line and sent

representatives--all but Rhode Island, which was the scene of an orgy

of paper-money tyranny, and would take no part in any such meeting.

Of the fifty-five men present at the Philadelphia convention, not more

than half-a-dozen were of the old colonial type, which clung to

individual State independence as the palladium of liberty. All the

others felt that the time had come to lay the most thoroughgoing

limitations upon the States, with the express purpose of preventing any

future repetition of the existing inter-State wrangles, and especially

of the financial {139} abuses of the time; and they were ready to gain

this end by entrusting large powers to the central government. They

divided sharply, however, on one important point, namely, whether the

increased powers were to be exercised by a government similar to the

existing one, or by something wholly new and far more centralized; and

over this question the convention ran grave danger of breaking up.

Discussion began in June, 1787, behind closed doors, with a draft plan

agreed upon by the Virginia members as the working project. This was a

bold scheme, calling for the creation of a single great State, relying

on the people for its authority, superior to the existing States, and

able, if necessary, to coerce them; in reality, a fusion of the United

States into a single commonwealth. In opposition to this, the

representatives of the smaller States--Delaware, New Jersey, Maryland

and Connecticut--aided by the conservative members from New York,

announced that they would never consent to any plan which did not

safeguard the individuality and equality of their States; and, although

the Virginia plan commanded a majority of those present, its supporters

were obliged to permit a compromise in order to prevent an angry

dissolution of the convention. In keeping with a suggestion of the

{140} Connecticut members, it was agreed that one House of the proposed

legislature should contain an equal representation of the States, while

the other should be based on population.

The adoption of this compromise put an end to the danger of disruption,

for all but a few irreconcilables were now ready to co-operate; and in

the course of a laborious session a final draft was hammered out, with

patchings, changes, and additional compromises to safeguard the

interests of the plantation States in the institution of slavery.

When the convention adjourned, it placed before the people of America a

document which was a novelty in the field of government. In part, it

aimed to establish a great State, on the model of the American States,

which in turn derived their features from the colonial governments. It

had a Congress of two Houses, an executive with independent powers, and

a judiciary authorized to enforce the laws of the United States.

Congress was given full and exclusive power over commerce, currency,

war and peace, and a long list of enumerated activities involving

inter-State questions, and was authorized to pass all laws necessary

and proper to the carrying out of any of the powers named in the

constitution. Further, the constitution, the federal laws, and

treaties were declared to be the supreme {141} law of the land,

anything in a State law or constitution notwithstanding. In addition,

the States were expressly forbidden to enter the fields reserved to the

federal government, and were prohibited from infringing the rights of

property. On the other hand, the new government could not exist

without the co-operation of the States in providing for the election of

electors,--to choose a president--of senators, and of congressmen. It

was a new creation, a federal State.

There now followed a sharp and decisive contest to gain the necessary

ratification by nine commonwealths. At first, the advocates of strong

government, by a rapid campaign, secured the favourable votes of

half-a-dozen States in quick succession; but when it came the turn of

New York, Massachusetts, and Virginia, the conservative, localistic

instincts of the farmers and older people were roused to make a

strenuous resistance. The "Federalists," as the advocates of the new

government termed themselves, had to meet charges that the proposed

scheme would crush the liberties of the State, reduce them to ciphers,

and set up an imitation of the British monarchy. But, by the eager

urging of the foremost lawyers and most influential men of the day, the

tide was turned and ratification carried, although with the utmost

difficulty, and usually with {142} the recommendation of amendments to

perfect the constitution. In June, 1788, the contest ended; and,

although Rhode Island and North Carolina remained unreconciled, the

other eleven States proceeded to set up the new government.

In the winter of 1789, in accordance with a vote of the Congress of the

Confederation, the States chose electors and senators, and the people

voted for representatives. But one possible candidate existed for the

presidency, namely, the hero of the Revolutionary War; and accordingly

Washington received the unanimous vote of the whole electoral college.

With him, John Adams was chosen vice-president, by a much smaller

majority. The Congress, which slowly assembled, was finally able to

count and declare the votes, the two officers were inaugurated, and the

new government was ready to assume its functions.

There followed a period of rapid and fundamental legislation. In the

new Congress were a body of able men, by far the greater number of them

zealous to establish a strong authoritative government, and to complete

the victory of the Federalists. The defeated States' Rights men now

stood aside, watching their conquerors carry their plan to its

conclusion. Led for the most part by James Madison of the House, {143}

Congress passed Acts creating executive departments with federal

officials; establishing a full independent federal judiciary, resident

in every State, with a supreme court above all; imposing a tariff for

revenue and for protection to American industries, and appropriating

money to settle the debts of the late confederation. In addition, it

framed and submitted to the States a series of constitutional

amendments whose object was to meet Anti-federalist criticisms by

securing the individual against oppression from the federal government.

When Congress adjourned in September, 1789, after its first session, it

had completed a thoroughgoing political revolution. In place of a

loose league of entirely independent States, there now existed a

genuine national government, able to enforce its will upon individuals

and to perform all the functions of any State.

That the American people, with their political inheritance, should have

consented even by a small majority to abandon their traditional lax

government, remains one of the most remarkable political decisions in

history. It depended upon the concurrence of circumstances which, for

the moment, forced all persons of property and law-abiding instincts to

join together in all the States to remedy an intolerable situation.

{144} The leaders, as might be expected, were a different race of

statesmen, on the whole, from those who had directed events prior to

1776. Washington and Franklin favoured the change; but Richard Henry

Lee and Patrick Henry were eager opponents, Samuel Adams was

unfriendly, and Thomas Jefferson, in Paris, was unenthusiastic. The

main work was done by Hamilton, Madison, John Marshall, Gouverneur

Morris, Fisher Ames--men who were children in the days of the Stamp

Act. The old agitators and revolutionists were superseded by a new

type of politicians, whose interests lay in government, not opposition.

But the fundamental American instincts were not in reality changed;

they had only ebbed for the moment. No sooner did Congress meet in its

second session in January, 1790, and undertake the task of reorganizing

the chaotic finances of the country, than political unanimity vanished,

and new sectional and class antagonisms came rapidly to the front in

which could be traced the return of the old-time colonial habits. The

central figure was no longer Madison, but Hamilton, Secretary of the

Treasury, who aspired to be a second William Pitt, and submitted an

elaborate scheme for refunding the entire American debt. In addition,

he called for an excise tax, and {145} later recommended the chartering

of a National Bank to serve the same function in America that the Bank

of England performed in Great Britain.

Daring, far-sighted, based on the methods of English financiers,

Hamilton's plans bristled with points certain to arouse antagonism. He

proposed to refund and pay the debt at its face value to actual

holders, regardless of the fact that the nearly worthless federal stock

and certificates of indebtedness had fallen into the hands of

speculators; he recommended that the United States should assume, fund,

and pay the war debt of the States, disregarding the fact that, while

some States were heavily burdened, others had discharged their

obligations. He urged an excise tax on liquors, although such an

internal tax was an innovation in America and was certain to stir

intense opposition; he suggested the chartering of a powerful bank, in

spite of the absence of any clause in the constitution authorizing such

action. Hamilton was, in fact, a great admirer of the English

constitution and political system, and he definitely intended to

strengthen the new government by making it the supreme financial power

and enlisting in its support all the moneyed interests of the country.

Property, as in England, must be the basis of government.

{146}

Against his schemes, there immediately developed a rising opposition

which made itself felt in Congress, in State legislatures, in the

newspapers, and finally in Washington's own Cabinet. All the farmer

and debtor elements in the country disliked and dreaded the financial

manipulations of the brilliant secretary; and the Virginian planters,

universally borrowers, who had been the strongest single power in

establishing the new constitution, now swung into opposition to the

administration. Madison led the fight in the House against Hamilton's

measures; and Jefferson, in the Cabinet, laid down, in a memorandum of

protest against the proposed bank, the doctrine of "strict

construction" of the constitution according to which the powers granted

to the federal government ought to be narrowly construed in order to

preserve the State governments, the source of liberty, from

encroachment. He denounced the bank, accordingly, as unwarranted by

the constitution, corrupt, and dangerous to the safety of the country.

In the congressional contest Hamilton was successful, for all his

recommendations were adopted, but at the cost of creating a lasting

antagonism in the southern States and in the western regions.

In 1791, Jefferson and Madison co-operated to establish a newspaper at

Philadelphia whose sole occupation consisted in denouncing {147} the

corrupt and monarchical Secretary of the Treasury. Hamilton retorted

by publishing letters charging Jefferson with responsibility for it;

and Washington, who steadily approved Hamilton's policies, found his

Cabinet splitting into two factions. By the year 1792, when the second

presidential election took place, the opposition, styling itself

"Republican," was sufficiently well organized to run George Clinton,

formerly the Anti-federalist leader of New York, for the

Vice-Presidency against the "monarchical" Adams. Washington was not

opposed, but no other one of the Hamiltonian supporters escaped attack.

There was, in short, the beginning of the definite formation of

political parties on lines akin to those which existed in the period

before 1787. Behind Jefferson and Madison were rallying all the

colonial-minded voters, to whom government was at best an evil and to

whom, under any circumstances, strong authority and elaborate finance

were utterly abhorrent. Around Hamilton gathered the men whose

interests lay in building up a genuine, powerful, national

government--the merchants, shipowners, moneyed men and creditors

generally in the northern States--and, of course, all Tories.

Up to 1793, the Federalist administration successfully maintained its

ground; and, when {148} the Virginian group tried in the House to prove

laxity and mismanagement against Hamilton, he was triumphantly

vindicated. Had the United States been allowed to develop in

tranquillity and prosperity for a generation, it is not unlikely that

the Federalist party might have struck its roots so deeply as to be

impervious to attacks. But it needed time, for in contrast to the

Jeffersonian party, whose origin is manifestly in the old-time colonial

political habits of democracy, local independence, and love of lax

finance, the Federalist party was a new creation, with no traditions to

fall back upon. Reflecting in some respects British views, notably in

its distrust of the masses and its respect for property and wealth, it

far surpassed any English party of the period, except the small group

led by William Pitt, in its demand for progressive and vigorous

legislation. In 1793, when matters were in this situation, the state

of European and British politics suddenly brought the United States

into the current of world politics, and subjected the new

administration to difficulties, which were ultimately to cause its

downfall.

{149}

The Wars Between England and America · 第 7 / 12 章