JEALOUSIES OF THE STATES--WEAKNESS OF CONGRESS--VIEWS OF WASHINGTON
AND HIS COMPATRIOTS--WASHINGTON'S LETTER TO JAMES WARREN ON THE
CONFEDERATION--CONFERENCE AT MOUNT VERNON--WASHINGTON SUGGESTS A
NATIONAL COMMERCIAL CONVENTION--HAMILTON'S VIEWS OF THE
CONFEDERATION--THE CONTINENTALIST--HAMILTON RECOMMENDS A GENERAL
CONVENTION OF STATES TO AMEND THE CONFEDERATION--SECONDED BY THE NEW
YORK LEGISLATURE--LETTER OF JAY TO WASHINGTON--WASHINGTON'S
REPLY--AN IMPENDING CRISIS--WASHINGTON'S SECOND LETTER TO
JAY--WASHINGTON'S INFLUENCE IN HIS RETIREMENT--CONVENTION AT
ANNAPOLIS A FAILURE--ANOTHER RECOMMENDED--WASHINGTON APPOINTED A
DELEGATE FROM VIRGINIA--HE HESITATES--CONGRESS RECOMMENDS A
CONVENTION--WASHINGTON ACCEPTS THE APPOINTMENT AND PROCEEDS TO
PHILADELPHIA.
We have had occasion, from time to time, to notice the jealousies of
individual states toward the continental Congress during the war, and
the consequent weakness of that body, as an executive of the will of the
people, at times when strength and energetic action were most needed.
It was with great difficulty that the states were brought to agree to
the _Articles of Confederation_, and nothing but the pressure of a
common danger, which required unity of action, could have induced them
to surrender even so much of their individual sovereignty as those
articles required. When, therefore, the common danger had passed, and
the people felt security in the pursuits of peace, sectional and
provincial pride began to operate powerfully in dissolving the union of
the states. The Congress, doubtful of their power, and but little relied
upon by the great mass of the people as an instrument for the promotion
of national prosperity, were incompetent to execute treaties, to
regulate commerce, or to provide for the payment of debts contracted
for the confederation, amounting in the aggregate, foreign and domestic,
to a little more than forty millions of dollars. And that body itself
was often distracted by party dissentions, and rendered powerless to
exercise even its acknowledged authority, through disagreement.
To Washington and other sagacious minds, the Articles of Confederation
had been regarded as essentially defective as a system of government,
long before the war had ceased. They perceived the necessity for a
greater centralization of power in the general government; and that
necessity became painfully apparent when peace came, and the people of
the several states found themselves in the condition of independent
sovereignty. The system of credit for the extinction of the national
debt, and to provide for the national expenditures, devised by the
Congress, was tardily accepted by most of the states, and utterly
neglected by others. Local interests and prejudices were consulted
instead of the national welfare; treaty stipulations were disregarded,
and the confederation became, in many respects, a dead letter.
"The confederation appears to me," Washington wrote to James Warren, in
October, 1785, "to be little more than a shadow without the substance,
and Congress a nugatory body, their ordinances being little attended to.
To me it is a solecism in politics, indeed, it is one of the most
extraordinary things in nature, that we should confederate as a nation,
and yet be afraid to give the rulers of that nation (who are the
creatures of our own making, appointed for a limited and short duration,
and who are amenable for every action, and may be recalled at any
moment, and are subject to all the evils which they may be instrumental
in producing) sufficient powers to order and direct the affairs of the
same. 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.
"That we have it in our power to become one of the most respectable
nations upon earth, admits, in my humble opinion, of no doubt, if we
would but pursue a wise, just, and liberal policy toward one another,
and keep good faith with the rest of the world. That our resources are
ample and increasing, none can deny; but while they are grudgingly
applied, or not applied at all, we give a vital stab to public faith,
and shall sink, in the eyes of Europe, into contempt.
"It has long been a speculative question among philosophers and wise
men, whether foreign commerce is of real advantage to any country; that
is, whether the luxury, effeminacy, and corruptions, which are
introduced along with it, are counterbalanced by the convenience and
wealth which it brings. But the decision of this question is of very
little importance to us. We have abundant reason to be convinced, that
the spirit of trade which pervades these states, is not to be
restrained. It behooves us, then, to establish just principles; and this
can not, any more than other matters of national concerns, be done by
thirteen heads differently constructed and organized. The necessity,
therefore, of a controlling power is obvious; and why it should be
withheld is beyond my comprehension."
A little earlier than this, Washington had been engaged in grave
discussions at Mount Vernon, with commissioners who had been appointed
by the assemblies of Virginia and Maryland, to form a compact in
relation to the navigation of the Potomac and Pocomoke rivers, and a
part of Chesapeake bay. During the conference he suggested the idea of a
conjunction of the several states in arrangements of a commercial
nature, over which the Congress, under the Articles of Confederation,
had no control. In this suggestion lay the kernel of future most
important action, which finally led to the great result of a convention
of the states, the abandonment of the old confederation, and the
adoption of the Federal Constitution.
But earlier far than this, one of the most extraordinary young men of
the last century--indeed, of any century--had, with wonderful sagacity,
perceived the evils that would naturally be developed by a weak central
government, and had pleaded eloquently with the people to give the
Congress more power. That young man was Alexander Hamilton, who, as
early as 1781, put forth his views on the subject in a series of
papers, under the title of _The Continentalist_. He was then only
twenty-four years of age, yet no man in the country appeared to have
clearer views of what constituted true national policy, than he. Indeed,
he spoke with the wisdom of a statesman of threescore years; and with
Washington and others he deeply lamented the mischievous effects of the
practical influence of the doctrine of state rights in its ultra phases.
"An extreme jealousy of power," he said, "is the attendant of all
popular revolutions, and has seldom been without its evils. It is to
this source we are to trace many of the fatal mistakes which have so
deeply endangered the common cause; particularly that defect--a want of
power in Congress."
The _Continentalist_ was published in the _New York Packet_, printed at
Fishkill, in Duchess county, and the series were devoted chiefly to a
discussion of the defects of the confederation. They excited great local
and general interest; and finally Hamilton succeeded in having the
subject of a general convention brought before the New York legislature,
in 1782, while in session at Poughkeepsie. The idea Was a popular one
with them, and on Sunday, the twenty-first of July, 1782, that body
passed a series of resolutions, in the last of which it was remarked,
"that it is essential to the common welfare, that there should be as
soon as possible, a conference of the whole on the subject, and that it
would be advisable for this purpose to propose to Congress to recommend,
and to each state to adopt, the measure of assembling a GENERAL
CONVENTION OF THE STATES, specially authorized to revise and amend the
CONFEDERATION, reserving the right to the respective legislatures to
ratify their determination."
This recommendation was pondered in other states, but the public
authorities were not ready to adopt it. At length the suggestion of
Washington, concerning a general commercial convention, was acted upon
by the Virginia legislature. That action drew a letter from John Jay to
Washington, in March, 1786, in which he said:--
"Experience has pointed out errors in our national government which
call for correction, and which threaten to blast the fruit we
expected from our tree of liberty. The correction proposed by
Virginia may do some good, and would, perhaps, do more if it
comprehended more objects. An opinion begins to prevail that a
general convention for revising the Articles of Confederation would
be expedient. Whether the people are yet ripe for such a measure,
or whether the system proposed to be attained by it is only to be
expected from calamity and commotion, is difficult to ascertain. I
think we are in a delicate situation, and a variety of
considerations and circumstances give me uneasiness."
To this Washington responded in May, saying: "I coincide perfectly in
sentiment with you, my dear sir, that there are errors in our national
government which call for correction; loudly, I would add; but I shall
find myself happily mistaken, if the remedies are at hand. We are
certainly in a delicate situation; but my fear is, that the people are
not yet sufficiently _misled_ to retract from error. To be plain, I
think there is more wickedness than ignorance mixed in our councils.
Under this impression I scarcely know what opinion to entertain of a
general convention. That it is necessary to revise and amend the
Articles of Confederation, I entertain no doubt; but what may be the
consequences of such an attempt, is doubtful. Yet something must be
done, or the fabric must fall, for it certainly is tottering."
It was the general impression, at that time, that an alarming crisis in
public affairs was at hand, and during the whole summer of 1786,
Washington was in constant correspondence with leading minds in
different parts of the country. To Jay he again wrote in August,
saying:--
"I do not conceive we can long exist as a nation, without having
lodged somewhere a power, which will pervade the whole Union in as
energetic a manner as the authority of the state governments
extends over the several states. To be fearful of investing
Congress with powers, constituted as that body is, appears to me
the very climax of popular absurdity and madness. Could Congress
exert them for the detriment of the public, without injuring
themselves in an equal or greater proportion? Are not their
interests inseparably connected with those of their constituents?
By the rotation of appointment, must they not mingle frequently
with the mass of citizens? Is it not rather to be apprehended, if
they were possessed of the powers before described, that the
individual members would be induced to use them, on many occasions,
very timidly and inefficaciously, for fear of losing their
popularity and future election? We must take human nature as we
find it. Perfection falls not to the share of mortals.
"Many are of opinion, that Congress have too frequently made use of
the suppliant, humble tone of requisition in application to the
states, when they had a right to assert their imperial dignity and
command obedience. Be that as it may, requisitions are a perfect
nullity when thirteen sovereign, independent, disunited states, are
in the habit of discussing and refusing compliance with them at
their option. Requisitions are actually little better than a jest
and a by-word throughout the land. If you tell the legislatures
they have violated the treaty of peace, and invaded the
prerogatives of the confederacy, they will laugh in your face. What
then is to be done? They can not go on in the same train for ever.
It is much to be feared, as you observe, that the better kind of
people, being disgusted with the circumstances, will have their
minds prepared for any revolution whatever.... I am told that even
respectable characters speak of a monarchical form of government
without horror. From thinking proceeds speaking; thence to acting
is often but a single step. But how irrevocable and tremendous!
What a triumph to our enemies to verify their predictions!... Would
to God that wise measures may be taken in time to avert the
consequences we have but too much reason to apprehend.
"Retired as I am from the world," he continued, "I frankly
acknowledge I can not feel myself an unconcerned spectator. Yet,
having happily assisted in bringing the ship into port, and having
been fairly discharged, it is not my business to embark again on a
sea of troubles. Nor could it be expected that my sentiments and
opinions could have much weight on the minds of my countrymen. They
have been neglected, though given as a last legacy in the most
solemn manner," he said, referring to his circular to the governors
of the states in the summer of 1783; "I had then, perhaps, some
claim to public attention, I consider myself as having none at
present."
His sentiments and opinions _did_ have great weight, and in his
retirement at Mount Vernon, Washington exercised a most powerful
influence. To the patriotic and thoughtful, his words were oracular, and
the ear of the nation leaned in earnest silence toward Mount Vernon at
that crisis, to catch the faintest whisper from the lips of the retired
soldier, who was about to emerge as a sagacious statesman.
In September, 1786, commissioners met at Annapolis, at the suggestion of
the legislature of Virginia, "to take into consideration the trade of
the United States," and "to report to the several states such an act
relative to this great object, as, when unanimously ratified by them,"
would enable "the United States in Congress assembled," effectually to
provide for such a uniform system in their commercial relations as might
be necessary to their common interest and their social harmony.
Only five states (Virginia, Delaware, Pennsylvania, New Jersey, and New
York) were represented in the convention. The deputies assembled on the
eleventh, and appointed John Dickenson, of Pennsylvania, chairman. A
committee was appointed to prepare a draft of a report to be made to the
legislatures of the several states there represented. That committee
reported on the fourteenth, when, as a majority of the states were not
represented in the convention, it was thought advisable to postpone
further action. They adjourned, after recommending to the several states
the appointment of deputies to meet in convention for a similar purpose,
in May following. They also prepared a letter to Congress, to accompany
a copy of the report to the several states represented, in which the
defects of the _Articles of Confederation_ were set forth.
When the Virginia assembly met, they resolved to appoint seven delegates
to represent that state in the proposed convention, and placed
Washington's name at the head of the list of deputies selected. The
appointment was made by the unanimous voice of the assembly, and the
fact was first communicated to him by Mr. Madison. Washington was
embarrassed. He heartily approved of the measure, and was willing to
leave the retirement of private life for a season, to serve his country
in a dark and critical hour; but he could not do so at that time,
without being obnoxious to the charge of inconsistency, and of
disrespect to a class of his fellow-citizens, who, above all others, he
most loved.
"I presume you have heard, sir," he said to Madison, "that I was first
appointed, and have since been re-chosen, president of the society of the
Cincinnati; and you may have understood, also, that the triennial
general meeting of this body is to be held in Philadelphia the first
Monday in May next. Some particular reasons, combining with the peculiar
situation of my private concerns, the necessity of paying attention to
them, a wish for retirement and relaxation from public cares, and
rheumatic pains which I begin to feel very sensibly, induced me to
address a circular letter to each state society, informing them of my
intention not to be at the next meeting, and of my desire not to be
re-chosen president."
Under these circumstances, and as the convention was to assemble at the
same place and at about the same time, he felt that he ought to decline
serving, for he could not appear there without giving offence to the
members of the society. They might, with reason, have grounds for
suspecting his sincerity, or even of his having deserted the officers
who had so nobly supported him during the war for independence. He,
therefore, in reply to the governor's official notification of his
appointment, expressed a wish that some other gentleman should be
substituted for himself.
Washington did not absolutely refuse to serve, and Governor Randolph
suggested that perhaps before the time for the assembling of the
convention the objections in his mind might be removed. His name was
therefore continued at the head of the Virginia convention.
Time moved on, and the subject of the convention of the states occupied
a large place in the public mind. Washington received many letters.
Some of these from his warm, personal friends expressed doubts of the
propriety of his attending the convention, and others advised against
it. Some thought that, as it did not originate with the supreme
legislature, acting under the articles of confederation which that
convention was called to revise, it would be illegal; and those who were
very tender of Washington's character, and had doubts concerning the
results of such convention, advised against his going, as his brilliant
reputation might suffer, should the whole affair prove abortive; while
others, having heard insinuations that the opposers of the convention
were monarchists, advised his going, to show that he favored it, and to
give the weight of his name to a really republican movement in which the
best interests of his country were involved.
Circumstances did finally occur which removed all objections from
Washington's mind. The Congress legalized the convention by a resolution
which declared it expedient, and fixing the day for its meeting. That
day was the second Monday in May, and was chosen in reference to the
general meeting of the society of the Cincinnati, which was to take
place a week earlier, that, thereby, Washington might be allowed to meet
with his brothers of the fraternity if he chose. Another circumstance
was the insinuation just alluded to, that the opponents of the
convention were monarchists, who were willing to have the difficulties
and dangers of the country increase, under the weak control of the
confederation, until republicanism should become hateful to the people;
and a third circumstance was a dangerous insurrection in Massachusetts
which had grown out of efforts to enforce federal laws. Washington was
unwilling to be classed among the opponents of the convention, or to
remain inactive, while violence was assuming to defy all law, and when
an era of anarchy in his country seemed about to dawn. Added to these
considerations, and the sanction of the convention by law, his friends,
whose minds had been changed in the course of a few months, now urged
him, by every consideration of patriotism, to come forth from his
retirement, for the salvation of the country depended in a great measure
upon his exertions. Washington no longer hesitated, and prepared to go
to the convention at the head of the Virginia deputies.
He resolved not to go uninformed upon the great subject that would
engage the attention of that body, and he commenced a course of
preparation. "His knowledge of the institutions of his country and of
its political forms," says Sparks, "both in their general character and
minute affiliated relations, gained by inquiry and long experience, was
probably as complete as that of any other man. But he was not satisfied
with this alone. He read the history and examined the principles of the
ancient and modern confederacies. There is a paper in his handwriting
which contains an abstract of each, and in which are noted, in a
methodical order, their chief characteristics, the kinds of authority
they possessed, their modes of operation, and their defects. The
confederacies analyzed in this paper are the Lycian, Amphictyonic,
Achæn, Helvetic, Belgic, and Germanic. He also read the standard works
on general politics and the science of government, abridging parts of
them, according to his usual practice, that he might impress the
essential points more deeply on his mind." He resolved to do all in his
power, in that convention, to affect a radical cure of the political
maladies with which his country was afflicted.
Washington set out from Mount Vernon on the ninth of May, in his
carriage, for Philadelphia, to attend the convention. He arrived at
Chester on the thirteenth, and was there met by General Mifflin (who was
then the speaker of the Pennsylvania assembly), Generals Knox and
Varnum, Colonels Humphreys and Meigs, and Majors Jackson and Nicholas,
by whom he was escorted toward Philadelphia. At Gray's ferry, on the
Schuylkill, a company of light-horse under Colonel Miles met and
escorted him into the city, when the bells were rung in honor of his
arrival. On the pressing invitation of Mr. and Mrs. Robert Morris, he
took lodgings with them; and as soon as the dust of travel could be
removed, he called upon Doctor Franklin, who was at that time president
of the commonwealth of Pennsylvania. The following day was the time
appointed for the assembling of the convention.
[Illustration: WASHINGTON PRESIDING IN THE CONVENTION. 1787]