CHAPTER IV.

THE ESTABLISHMENT OF AN EFFICIENT GOVERNMENT.

During the years of the Revolution (1775-1781) the general government of the thirteen states was vested in a Continental Congress. The powers and functions of this body were not defined, but the exigencies of war allowed the delegates, who convened from time to time, to take such measures as they thought best for the common good. However, it would be a mistake to suppose that the administration of affairs during the war was directed in the main by the Continental Congress. Each colony sent representatives to the different Congresses which assembled (each state, after the Declaration of Independence); but long intervals elapsed between the convocations of these bodies, and public opinion was largely molded by individuals. Washington in reality exercised general control, as his position of Commander-in-Chief of the Army allowed him to do. When money was urgently needed and could not be supplied by the Continental Congress, Washington, Robert Morris, and others borrowed on their personal

accounts.

It had been understood that some new form of government would be necessary after the independence of the states was assured. To this end a convention was assembled and the Articles of Confederation framed. The system of federal administration that these provided could not go into effect until all the states signed them. Two years elapsed before the last state gave consent. Maryland was the one to hold out longest. With good reason, she, together with certain of the smaller states, refused to come into a union until the states which in the beginning had been given "sea-to-sea" grants should cede any claim upon lands west of the Appalachian Mountains to the general government. These states were Massachusetts, Connecticut, Virginia, North and South Carolina, and Georgia. So many complications had arisen concerning territories overlapping each other that any subsequent adjustment of them would have been impossible. It may be noted in this connection that this indefinite reach of country which thus became the property of the federal government, and so beneficial to all, supplied the one strong bond that held discordant states together when others failed.

We must repeatedly go back to the early situation of the English colonies in America if we would understand the problems that were involved in any union of them. Each had been settled for some particular reason, chartered by some English sovereign, or had started under the guidance of some proprietor who was the recipient of a royal grant. Maryland was founded as a refuge for Catholics; Georgia, as a home for debtors; Massachusetts was settled for the most part by men who desired religious freedom; political oppression had driven them thither. Pennsylvania had been a place of safety for Quakers; New York was founded by the Dutch. In like manner, one might recall the circumstances that led in the beginning to the peopling of the thirteen states. While in the course of one hundred and fifty years these original motives had been gradually lost from sight, still, each continued to be in many respects isolated. In time of danger the colonies had acted together. When the danger was passed, each turned again to its own concerns. Thus when the independence of the "United States" was declared, this meant little to the majority of the people. There were, to be sure, men who stood above provincial jealousies and saw far into the future. They realized that local feeling must give way to that of a national character. However, at the start such men were comparatively few.

The government provided by the Articles of Confederation was just such as might logically have been expected, past history of the states being taken into consideration. It was expressly stated that "each state retained its sovereignty, freedom and independence." A Congress composed of delegates from each state was provided, any state sending from two to seven, as it pleased. This Congress was to take measures for internal improvements, establish a postal system, etc. The regularity of trade was still left to the states; in the matter of foreign affairs Congress was to act freely, but the states must sanction its actions. Congress could advise, but not command; it could pass ordinances, but could not enforce them. It was even powerless to levy taxes for the payment of federal debts or the support of the federal government. Nine out of thirteen states had to approve of all measures before these became binding.

One who reads in detail the records of these years is appalled by the situation in which our country found itself. There was a debt of $92,000,000 that had been contracted by the Continental Congress and passed over to the new government; the states owed at least $21,000,000 more. It was impossible to pay the interest on the money, and the states would not tax their people for federal obligations. It was soon seen that Congress could only advise, and iǹ time few heeded its counsel at all. There was always great anxiety to know what the states would do, since with them rested the ultimate decision of all matters. Trade was prostrated, having been ruined during the war. The future looked dark indeed to all who had the welfare of the young republic deeply at heart.

English troops were still quartered in America, for it was maintained, and with truth, that all the provisions of the peace treaty had not been met. One of these provisions was that those who had supported the king in the recent war, and whose property had been confiscated when they fled to Canada and other places of refuge, should be compensated by the United States for possessions thus lost. The people generally felt very bitter that this condition should have been allowed by the commissioners and had no intention of discharging such obligations.

While at home affairs were in such a precarious condition, foreign powers merely waited for the disruption of the states, hoping at that time to profit by the catastrophe.

“England, apparently, expected the weak structure presently to fall to pieces. She would not withdraw her troops from the western points because the debts of the British merchants were not paid and the property rights of the exiled Tories were not restored. Neither would she send a diplomatic representative to America, seeming to regard the Confederation as of no international importance. France, and Spain and Holland, seeing the Confederation utterly unable to repay the moneys they had loaned it, scarcely able to pay so much as the interest on its debts, alternated between anger and contempt in their treatment of it; and confidently expected to see it very soon in ruinous collapse and final disintegraFrance and Spain were somewhat hopefully wonder

tion.

ing, it was evident, what the spoils and plunder of the wreck would be, and to whom it would fall to do the plundering.'

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By most delicate advances and tactful management, men like Washington, Hamilton, Jefferson, Madison and others, presented the idea of taking concerted action in the matter of trade and of revising the Articles of Confederation so that they might prove adequate; while the states generally approved they did not take sufficient interest to elect delegates. Finally it was agreed that a convention should be called for May, 1787. This was attended by delegates from all the states except Rhode Island-"the home of the otherwise-minded." This proved to be the famous Constitution Convention whose proceedings were kept secret until its work was finished.

Affairs had reached such a state that all seriously minded people feared for the new republic. In Massachusetts a man by the name of Shays had raised a rebellion to prevent the. courts from trying suits for recovery of debts. It had required prompt action on the part of the state militia to put down this demonstration of anarchy. It looked as though certain of the states might seek the protection of European powers. For these reasons, the men who came together, carefully chosen by the various twelve states, firmly intended to do their utmost to save the union. It may well be believed that had their debates been made public at the time, no power could have brought order out of the chaos that would have followed. As it was, men from large states and small states, free states and slave states, from liberal-minded states and the more conservative, fought out their difficulties in hot debates and settled upon their compromises. In certain respects the views of Hamilton and Jefferson might be set over against one another as two extremes. Hamilton had small faith in any government which did not bear close resemblance to a monarchy; Jefferson was such an advocate of freedom and liberty that he jealously watched each movement lest it should curtail the rights of the people.

There were many public-spirited men who vigorously opposed the new constitution when drafts of it were brought home to each of the states. Patrick Henry had refused to attend the Convention because he had feared that an attempt

Wilson: Hist. of the American People, v. 3, 56.

would be made to set aside the Articles of Confederation which he, with others, had framed. Mason of Virginia, Samuel Adams of Massachusetts and Lee thought the states would be endangered by the establishment of so strong a central government. We can easily see the force of this argument. The fact was that the time had come when the question was no longer the preservation of the rights of thirteen states, but the possibility of maintaining the integrity of one government in the face of almost overpowering obstacles.

It was evident, upon close study, that no strange or unusual features had been incorporated into this new instrument of government. A chief executive, two legislative houses and federal courts were plainly necessary. The small states were placed on an equality with the large ones in the upper legislative house; the people retained their right of election. The powers of officers were clearly stated and their terms were to be short. The situation had to be relieved in some way and as speedily as possible. Delaware accepted the Constitution first and was soon followed by Pennsylvania. New York yielded last -July, 1788, and the new government went into operation. It was fortunate that Washington, who bore the confidence of the whole nation, could be at the helm for the next eight years and by his true statesmanlike qualities and strong personality give character and dignity to the United States, at home and abroad.