"What a constancy, what a magnanimity, what a surprising

persistence against fortune!... Washington, the chief of a nation

in arms, doing battle with distracted parties; calm in the midst of

conspiracy; serene against the open foe before him and the darker

enemies at his back; Washington, inspiring order and spirit into

troops hungry and in rags; stung by ingratitude, but betraying no

anger, and every ready to forgive; in defeat invincible, magnanimous

in conquest and never so sublime as on that day when he laid down

his victorious sword and sought his noble retirement--here, indeed,

is a character to admire and revere; a life without a stain, a fame

without a flaw."

A year after the Articles of Confederation had been adopted, the war

came to an end by a preliminary treaty on November 30, 1782.

Now follows the least known chapter in American history. It was a period

of travail, of which the Constitution of the United States and the

present American nation were born. The government slowly succumbed from

its own weakness to its inevitable death. Only the shreds and patches of

authority were left. Gradually the union fell apart. Of the Continental

Congress only fifteen members, representing seven colonies, remained to

transact the affairs of the new nation. The army, which previously to

the termination of the war had dissolved by the hundreds, was now unpaid

and in a stale of revolt. Measure after measure was proposed in Congress

to raise money to pay the interest on the bonded indebtedness, which was

in arrears, and to provide funds for the most necessary expenses, but

these failed, in Congress for the want of the necessary nine votes or,

if enacted, the States treated the requisitions with indifference. The

currency of the United States had fallen almost as low as the Austrian

kronen, and men derisively plastered the walls of their houses with the

worthless paper of the Continental Congress. Adequate authority no

longer remained to carry out the terms of the treaties with England and

France, and they were nullified by the failure of the infant nation to

comply with its own obligations and the consequent refusal of the other

contracting parties to comply with theirs. The government made a call

upon the States to raise $8,000,000 for the most vital needs, but only

$400,000 was actually received. Then Congress asked the States to vest

in it the power to levy a tax of five per cent, on imports for a limited

period, but, after waiting two years for the action of the States, less

than nine concurred. The States were then asked to pledge their own

internal revenue for twenty-five years to meet the national

indebtedness, but this could only be done by unanimous consent, and

while twelve States concurred, Rhode Island refused and the measure was

defeated. It was again the infinite folly of the _liberum veto_ which,

prior to the great partition, condemned Poland to chronic anarchy.

The impotence of the new government, which was still sitting in

Philadelphia, can be measured by the fact that on June 9, 1783, word

came that eighty soldiers were on their way to Philadelphia to demand

relief. They stacked their arms in front of the State House, where the

Congress was then sitting, and refused to disband, when requested by

Col. Alexander Hamilton, as the representative of the Congress, to do

so. When Congress appealed to the government of Pennsylvania for

protection, it was advised that the Pennsylvania militia was likewise

insubordinate. The Congress then hastily fled by night and became a

fugitive.

The impotence of the Confederation can be measured by the fact that in

the last fourteen months of its existence its receipts were less than

$400,000, while the interest on the foreign debt alone was over

$2,400,000, and the interest on the internal debt was five-fold greater.

In the absence of any government and in the period of general

prostration it was not unnatural that the spirit of Bolshevism grew with

alarming rapidity. It even permeated the officers of the Army. In March,

1783, an anonymous communication was sent to Washington's officers to

meet in secret conference to take some action, possibly to overthrow the

government. A copy fell into Washington's hands and, while he forbade

the assemblage of the officers under the anonymous call, he himself

directed the officers to assemble. He unexpectedly appeared at the

meeting and, being no speaker, he had reduced his appeal to writing. As

he adjusted his spectacles to read it, he pathetically said: "I have not

only grown gray but blind in your service." He then made a touching

appeal to them not to increase by example the spreading spirit of

revolt. The very sight of their old commander turned the hearts of the

revolting element and the officers remained loyal to their noble leader.

Where the spirit of disaffection was thus found in high places it

naturally prevailed more widely among the masses who had been driven to

frenzy by their sufferings. This culminated in a revolt in Massachusetts

under the leadership of an old soldier named Shays, and it spread with

such rapidity that not only did one-fifth of the people join in

attempting to overthrow the remnant of established authority in

Massachusetts, but it rapidly spread to other States. The offices of

government and the courthouses were seized, the collection of debts was

forbidden, and private property was forcibly appropriated to meet the

common needs.

Chaos had come again. It filled Washington's heart with disgust and

despair. After surrendering his commission to the pitiful remnant of the

government he had retired to Mount Vernon, and for a time declined to

act further as the leader of his people. Thus, in October, 1785, he

wrote James Warren, of Massachusetts:

"The war, as you have very justly observed, has terminated most

advantageously for America, and a fair field is presented to our

view; but I confess to you freely, my dear sir, that I do not think

we possess wisdom or justice enough to cultivate it properly.

Illiberality, jealousy, and local policy mix too much in all our

public councils for good government of the union. In a word, the

Confederation appears to me to be little more than a shadow without

the substance, and Congress a nugatory body, their ordinances being

little attended to.... By such policy as this the wheels of

government are clogged, and our brightest prospects, and that high

expectation which was entertained of us by the wondering world, are

turned into astonishment; and, from the high ground on which we

stood, we are descending into the vale of confusion and darkness."

Again he wrote to George Mason:

"I have seen without despondency, even for a moment, the hours which

America has styled its gloomy ones, but I have beheld no day since

the commencement of hostilities that I thought our liberties in such

imminent danger as at present. Indeed, we are verging so fast to

destruction that I am feeling that sense to which I have been a

stranger until within these three months."

Again in 1786 he writes:

"I think often of our situation, and view it with concern. From the

high ground we stood upon, from the plain path which invited our

footsteps, to be so fallen, so lost, is mortifying; but everything

of virtue has, in a degree, taken its departure from our land....

What, gracious God, is man that there should be such inconsistency,

and perfidiousness in his conduct! It was but the other day that we

were shedding our blood to obtain the Constitutions under which we

now live, and now we are unsheathing our swords to overturn them.

The thing is so unaccountable that I hardly know how to realize it

or to persuade myself that I am not under an illusion of a dream."

It was, however, the darkest hour before the dawn, and again it was

Washington who became his country's saviour. In 1785, some commissioners

from the States of Virginia and Maryland visited Mount Vernon to pay

their respects to the well-loved commander. After conferring with him

upon the chaos of the times, they decided to issue a call for a general

conference of the representatives of the States to be held on September

11, 1786, at Annapolis, Maryland, to discuss how far the States

themselves could agree on common regulations of commerce. At the

appointed time the delegates assembled from Virginia, Pennsylvania,

Delaware, New York and New Jersey, and finding themselves too few in

number to achieve the great objective, the convention contented itself

by issuing another call, drafted by Alexander Hamilton, then under

thirty years of age, to all the States to send delegates to a convention

to be held in Philadelphia on the second Monday in May, 1787, "to take

into consideration the situation of the United States, to devise such

further provisions as should appear to them necessary to render the

Constitution of the Federal Government adequate to the exigencies of the

Union."

The dying Congress tardily approved of this suggestion, but finally, on

January 21, 1787, grudgingly adopted a resolution that--

"It is expedient that on the second Monday in May next a convention

of delegates, who shall have been appointed by the several States,

be held at Philadelphia _for the sole and express purpose of

revising the Articles of Confederation_ and reporting to Congress

and the several legislatures such alterations and provisions therein

as shall, _when agreed to in Congress_ and conformed to by the

States, render the Federal Constitution adequate to the exigency of

the government and the preservation of the union."

It will be noted by the italicized portions of the resolution that this

impotent body thus vainly attempted to cling to the shadow of its

vanished authority by stating that the proposed constitutional

convention should merely revise the worthless Articles of Confederation

and that such amendments should not have validity until adopted by

Congress as well as by the people of the several States. How this

mandate was disregarded and how the convention was formed, and

proceeded to create a new government with a new Constitution, and how

it achieved its mighty work, will be the subject of the next lecture.

Anticipating the masterly ability with which a seemingly impotent and

dying nation plucked from the nettle of danger the flower of safety, let

me conclude this first address by quoting the words of de Tocqueville,

in his remarkable work _Democracy in America_, where he says:

"The Federal Government, condemned to impotence by its Constitution

and no longer sustained by the presence of common danger ... was

already on the verge of destruction when it officially proclaimed

its inability to conduct the government and appealed to the

constituent authority of the nation.... It is a novelty in the

history of a society to see a calm and scrutinizing eye turned upon

itself, when apprised by the legislature that the wheels of

government are stopped; to see it carefully examine the extent of

the field and patiently wait for two years until a remedy was

discovered, which it voluntarily adopted, without having ever wrung

a tear or a drop of blood from mankind."

_II. The Great Convention_

Now follows a notable and yet little known scene in the drama of

history. It reveals a people who, without shedding a drop of blood,

calmly and deliberately abolished one government, substituted another,

and erected it upon foundations which have hitherto proved enduring.

Even the superstructure slowly erected upon these foundations has

suffered little change in the most changing period of the world's

history, and until recently its additions, few in number, have varied

little from the plans of the original architects. The Constitution is

to-day, not a ruined Parthenon, but rather as one of those Gothic

masterpieces, against which the storms of passionate strife have beaten

in vain. The foundations were laid at a time when disorder was rampant

and anarchy widely prevalent. As I have already shown in my first

lecture, credit was gone, business paralysed, lawlessness triumphant,

and not only between class and class, but between State and State, there

were acute controversies and an alarming disunity of spirit. To weld

thirteen jealous and discordant States, demoralized by an exhausting

war, into a unified and efficient nation against their wills, was a

seemingly impossible task. Frederick the so-called Great had said that a

federal union of widely scattered communities was impossible. Its final

accomplishment has blinded the world to the essential difficulty of the

problem.

The time was May 25, 1787; the place, the State House in Philadelphia, a

little town of not more than 20,000 people, and, at that time, as

remote, measured by the facilities of communication, to the centres of

civilization as is now Vladivostok.

The _dramatis personae_ in this drama, though few in numbers, were,

however, worthy of the task.

Seventy-two had originally been offered or given credentials, for each

State was permitted to send as many delegates as it pleased, inasmuch as

the States were to vote in the convention as units. Of these, the

greatest actual attendance was fifty-five, and at the end of the

convention a saving remnant of only thirty-nine remained to finish a

work which was to immortalize its participants.

While this notable group of men contained a few merchants, financiers,

farmers, doctors, educators, and soldiers, of the remainder, at least

thirty-one were lawyers, and of these many had been justices of the

local courts and executive officers of the commonwealths. Four had

studied in the Inner Temple, at least five in the Middle Temple, one at

Oxford under the tuition of Blackstone and two in Scottish Universities.

Few of them were inexperienced in public affairs, for of the original

fifty-five members, thirty-nine had been members of the first or second

Continental Congresses, and eight had already helped to frame the

constitutions of their respective States. At least twenty-two were

college graduates, of whom nine were graduates of Princeton, three of

Yale, two of Harvard, four of William and Mary, and one each from the

Universities of Oxford, Columbia, Glasgow, and Edinburgh. A few already

enjoyed world-wide fame, notably Doctor Franklin, possibly the most

versatile genius of the eighteenth century and universally known and

honoured as a scientist, philosopher, and diplomat, and George

Washington, whose fame, even at that day, had filled the world with the

noble purity of his character.

It was a convention of comparatively young men, the average age being

little above forty. Franklin was the oldest member, being then

eighty-one; Dayton, the youngest, being twenty-seven. With the

exception of Franklin and Washington, most of the potential

personalities in the convention were under forty. Thus, James Madison,

who contributed so largely to the plan that he is sometimes called "The

Father of the Constitution," was thirty-six. Charles Pinckney, who,

unaided, submitted the first concrete draft of the Constitution, was

only twenty-nine, and Alexander Hamilton, who was destined to take a

leading part in securing its ratification by his powerful oratory and

his very able commentaries in the Federalist papers, was only thirty.

Above all they were a group of gentlemen of substance and honour, who

could debate for four months during the depressing weather of a hot

summer without losing their tempers, except momentarily--and this

despite vital differences--and who showed that genius for toleration and

reconciliation of conflicting views inspired by a common fidelity to a

great objective that is the highest mark of statesmanship. They

represented the spirit of representative government at its best in

avoiding the cowardice of time-servers and the low cunning of

demagogues. All apparently were inspired by a fine spirit of

self-effacement. Selfish ambition was conspicuously absent. They

differed, at times heatedly, but always as gentlemen of candour and

honour. The very secrecy of their deliberations, of which I shall

presently speak, is ample proof how indifferent they were to popular

applause and the _civium ardor prava jubentium_.

The convention had been slow in assembling. Ample notice had been given

that it would convene on May 13, 1787, but when that day arrived a mere

handful of the delegates, less than a quorum, had assembled.

The Virginia delegation, six in number, and forming probably the ablest

delegation from any State, arriving in time, and failing to find a

quorum then assembled, employed the period of waiting in submitting to

the Pennsylvania delegation the outlines of a plan for the new

Constitution. The plan was largely the work of James Madison, and how

long it had been in preparation cannot be definitely stated. It is clear

that four years before a Philadelphia merchant, one Peletiah Webster,

had published a brochure proposing a scheme of dual sovereignty, under

which the citizens would owe a double allegiance--one to the constituent

States within the sphere of their reserved powers, and one to a

federated government within the sphere of its delegated powers. Leagues

of States had often existed, but a league which, within a prescribed

sphere, would have direct authority over the citizens of the constituent

States, without, however, abolishing the authority of such States as to

their reserved sphere of power, was a novel theory. How far the Virginia

project had been influenced by Webster's suggestion is not clear, but it

is certain that before the convention met Pennsylvania and Virginia,

two of the most powerful States, were committed to it.

The suggestion was a radical one, for the States, with few exceptions,

were chiefly insistent upon the preservation of their sovereignty, and

while they were willing to amend the Articles of Confederation by giving

fuller authority to the central government, such as it was, the

suggestion of subordinating the States to a new sovereign power, whose

authority within circumscribed limits was to be supreme, was opposed to

all their conventions and traditions. Washington, however, had warmly

welcomed the creation of a strong central government, and his

correspondence with the leading men of the colonies for some years

previously had been burdened with arguments to convince them that a mere

league of States would not suffice to create a stable nation. To George

Washington, soldier and statesman, is due above all men the ideal of a

federated union, for without his influence--that of a noble and

unselfish leader--the great result would probably never have been

secured. While still waiting for the convention, to meet, and while

discussing what was expedient and practicable when they did meet,

Washington one day said to a group of delegates, who were considering

the acute nature of the crisis:

"It is too probable that no plan that we propose will be adopted.

Perhaps another dreadful conflict is to be sustained. If, to please

the people, we offer what we ourselves disapprove, how can we

afterwards defend our work? Let us raise a standard to which the

wise and just can repair. The event is in the hand of God."

Noble words, fit to be written in letters of gold over the portal of

every legislature of the world, and it was in this spirit that the

convention finally convened on May 25th, 1787.

When the delegates from nine States had assembled, Washington was

unanimously elected the presiding officer of the convention. It began by

adopting rules of order, and the most significant of these was the

provision for secrecy. No copy should be taken of any entry on the

Journal, or even permission given to inspect it, without leave of the

convention, and "nothing spoken in the house be printed or otherwise

published or communicated without leave." The yeas and nays should not

be recorded. The rule of secrecy was enlarged by an unwritten

understanding that, even when the convention had adjourned, no

disclosure should be made of its proceedings during the life of its

members. When after nearly four months, the convention adjourned, the

secret had been kept, and no one knew even the concrete result of its

deliberations until the Constitution itself, and nothing else, was

offered to the approval of the people. The high-way, upon which the

State House fronted, was covered with earth, to deaden the noise of

traffic, and sentries were posted at every means of ingress and egress,

to prevent any intrusion upon the privacy of the convention. The members

were not photographed daily for the pictorial Press, nor did any cinema

register their entrance into the simple colonial hall where they were to

meet. Notwithstanding this limitation--for no present-day conference or

assembly can proceed with its labours until its members are photographed

for the curiosity of the public--these simple-minded gentlemen--less

intent upon their appearance than their task--were to accomplish a work

of enduring importance.

The extreme care which was taken to preserve this secrecy inviolate, and

its purpose, were indicated in an incident handed down by tradition.

One of the members dropped a copy of a proposition then before the

convention for consideration, and it was found by another of the

delegates and handed to General Washington. At the conclusion of the

session, Washington arose and sternly reprimanded the member for his

carelessness by saying:

"I must entreat gentlemen to be more careful, lest our transactions

get into the newspapers and disturb the public repose by premature

speculations. I know not whose paper it is, but there it is

[_throwing it down on the table_]. Let him who owns it, take it."

He then bowed, picked up his hat and left the room with such evidences

of annoyance that, like school-children, no delegate was willing to

admit the ownership of the paper.

The thought suggests itself: How different the result at Versailles and

Genoa might have been had there been the same reasonable provisions for

discussion and action uninfluenced by too premature public comment of

the day! In these days, when representative government has degenerated

into government by a fleeting public opinion, the price we pay for such

government by, for and of the Press, is too often the inability of

representatives to do what they deem wise and just.

At the close of the convention its records were committed into the

keeping of Washington, with instructions to "retain the journal and

other papers, subject to order of Congress, if ever formed under the

Constitution."

Even the journal consisted of little more than daily memoranda, from

which the minutes ought to have been, but never were, made; and these

fragmentary records of the proceedings of a convention which had been in

continuous session for nearly four months were never published until the

year 1819, or thirty-two years after the close of the convention. Thus,

the American people knew nothing of their greatest convention until a

generation later, and then only a few bones of the mastodon were

exhibited to their curious gaze.

The members of the convention kept its secrets inviolate for many years.

With few exceptions, the great secrets of the convention died with them.

Only one, James Madison, left a comprehensive statement of the more

formal proceedings. With this notable exception, only a few anecdotes,

handed down by tradition, escaped oblivion. The first of the number to

break the pledge of secrecy was Robert Yates, Chief Justice of New York,

who, in 1821, published his recollections; but, as he had left the

convention a few months after it began, his notes ceased with the 5th of

July.

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