304

Amendments adopted

[1789

there adopted, and then sent to and ratified by three-fourths of the States. Of the two which failed, one related to the number of representatives in the lower House of Congress, the other to the compensation of senators and representatives. Of those which prevailed, the first prohibited Congress from making any law respecting an establishment of religion, or abridging the freedom of speech or of the press; the second related to the right to bear arms; the third, to quartering soldiers in private houses; the fourth, to security against general search warrants; the fifth, to trials for capital and other crimes, and to compensation for taking private property for public use; the sixth, to other matters relating to trials for crime; the seventh, to trial by jury in civil cases; the eighth, to bail; the ninth declared that the enumeration, in the Constitution, of certain rights should not be construed to deny or disparage others retained by the people; the tenth, that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, were reserved to the States or to the people.

These amendments may be said to have completed the Constitution, in the sense that it was urged, and in effect admitted, that what they contained deserved a place in the instrument itself. All that was left was for the Supreme Court to make it plain that the Constitution was really adequate to the exigencies of government and the preservation of the Union." This was done when, under the guidance of John Marshall, it was shown that in giving powers to the nation, the Constitution had, with a few well-marked exceptions, given those powers to the full, with every incident suitable to them.

A word more must close this chapter. The record of debates in the Federal Convention tells the truth, but not the whole truth. Every great undertaking has its master spirit; the master spirit of the Convention which framed the Constitution of the United States, and all that led to it, was Alexander Hamilton. There were other strong leaders, leaders who played a greater part in the long series of debates, Madison, Gouverneur Morris, Wilson; but Hamilton, present or absent-he could give counsel from New York, while his vote in the Convention was to be silenced by his colleagues Yates and Lansing was chief among them. Hamilton had already thought out the idea of a Constitution, clear, definite, and strong to withstand domestic feuds and foreign greed. He had thought out, and he laid before the Convention, a form of instrument which he considered better than any likely to be adopted; but if he knew that the mark was too high, it was still to be the mark. A nation was to be created and established, created of jarring commonwealths and established on the highest level of right.

CHAPTER IX

THE STRUGGLE FOR COMMERCIAL INDEPENDENCE

(1783-1812)

ON November 3, 1783, the definitive treaty which recognised the independence of the English colonies in America was signed at Paris; and the rebellion came to a triumphant end. Though the work of revolution, the work of demolition, was thus accomplished, that of reconstruction was yet to begin. An enormous debt was to be paid off; a depreciated currency was to be restored; a national currency was to be created; public credit was to be established; commerce was to be built up; a foreign policy was to be framed suitable to the high rank which the United States was expected to take in the family of nations, and such a domestic policy was to be adopted as would unite the conflicting interests of thirteen jealous republics. Under the best of governments the task would have been a hard one. But the Continental Congress was called on to perform it under one of the worst.

The Articles of Confederation adopted by Congress in 1777, and ratified by the thirteen States on March 1, 1781, provided for a Congress of one House, to which each State must send at least two delegates, and might send any number up to seven. The delegates were chosen annually by the States, might be recalled at any time, could not serve more than three years in any period of six, and were paid by the States that sent them. Once seated in Congress, these men found themselves. members of what a few years later would have been denounced as a "dark and secret conclave." The doors of their chamber were shut; the debates took place in private; and no reports of them were published. Their deliberations were controlled by a President annually elected by the Congress and looked up to as the representative of the sovereignty of the States united for common defence; but he was merely the President of Congress and never the President of the United States. Congress had power to make war and peace, coin money, establish post-offices and post-routes, appoint all officers in the land and naval forces of the United States, except regimental officers, appoint a

C. M. H. VII.

305

20

306

The Continental Congress

[1783 Committee of the State to sit during a recess, ascertain the sums of money to be raised for the use of the United States, apply this money to public uses, borrow money, build and equip a navy, raise and equip armies, and establish rules for the disposition of prizes and captures made during war. The States were forbidden to tax the property of the United States, to send or receive embassies, to conclude treaties, or to lay duties on imports that would interfere with any stipulations in any treaty made by the United States. No State could keep a standing army or navy in time of peace, or fit out privateers or engage in war without the consent of Congress, or lay any restriction on the trade and commerce of another State not laid equally on its own citizens. In Congress each State had one vote; and the affirmative votes of nine States were necessary to enable Congress to pass any ordinance of importance. To amend the Articles of Confederation, the consent of each one of the thirteen States was required. Congress had no power to levy a tax of any kind, to regulate trade with foreign countries or between the States, or to compel obedience to its own ordinances.

The defects of this system of government were many and great. In the first place the system of representation was bad. No thought was taken of the population. The immense State of Virginia, whose territory contained the homes of 700,000 human beings, was to have no more influence in the councils of the nation than the petty State of Rhode Island, which had less than 70,000 inhabitants. But this absolute equality of the States was more apparent than real, for Congress possessed no revenue; and the burden of supporting the delegates was cast on those who sent them. As the charge was not light, a motive was at once created for preferring a representation of two to a representation of seven, or, indeed, for sending no delegates at all.

While the war was still raging and the enemy marching and countermarching within the borders of several States, a sense of fear kept up the number of delegates from each State to at least two. Indeed, some of the wealthier and more populous States often had as many as four Congress-men on the floor of the House. But the war was now over; the stimulus derived from the presence of a hostile army was withdrawn; and both representation and attendance fell off fast. Delaware and Georgia ceased to be represented. From the ratification of the treaty to the organisation of the government under the Constitution six years elapsed; and during those six years Congress, though entitled to ninetyone members, was rarely attended by so many as twenty-five. The House was repeatedly forced to adjourn day after day for want of a quorum. No occasion, however impressive or important, could produce a large attendance. Seven States, represented by twenty delegates, witnessed the resignation of Washington in 1783. Twenty-three members, sitting for eleven States, voted for the ratification of the treaty with Great Britain.

1783]

Departure of the Loyalists

307

The inability of Congress to enforce its ordinances and the stipulations of its treaties brought the country at once into conflict with Great Britain. By the fourth, fifth, and sixth articles of the treaty no impediments were to be put in the way of the recovery of debts; the States were to be recommended to repeal their Confiscation Acts; and there were to be no future confiscations nor prosecutions of any sort against any person because of the part taken in the late war. But the States gave no heed whatever to these articles. The Confiscation Acts. were not repealed; impediments were placed in the way of the recovery of debts; and thousands of Loyalists were driven from the country. Indeed, the ink was scarcely dry on the treaty when the Loyalists, well knowing that its provisions would be set at naught by a people embittered by a desperate struggle, began to flee the country by thousands. As garrison after garrison was withdrawn, this flight became an exodus. When Savannah was given up to the Americans, 2000 Loyalists with 5000 slaves sailed away to St Augustine and Charleston. Those who went to Charleston arrived just in time to join the 3000 who fled from that city to Jamaica, St Augustine, Halifax, and New York. During nearly seven years New York had been in British hands. It was situated in the very heart of the most loyal section of the country, near the places where the great battles of the revolution-Trenton, Princeton, Saratoga, Brandywine, Germantown, Monmouth-had been fought, and it became the haven of refuge for thousands of Loyalists. It was the last of the cities to be given up to the Americans, and as such it now became the port to which all Loyalists, eager to depart, turned their steps.

The King had offered to transport all subjects who could prove residence within the British lines for twelve months, and show that the houses assigned them were in good repair and that the rent had been duly paid to the provost marshal. His Majesty agreed further to supply them, on their embarkation, with provisions for a year, with twenty-one days' rations for the passage by sea, with clothing for men, women, and children, and with medicines, tools for farming, and arms and ammunition for defence. Such was the press to secure these benefits that the evacuation of the city, which was expected to take place in April, 1783, was delayed till late in November; and December came before the last of the transports bearing the army sailed from Staten Island. During these months 29,000 Loyalists were carried away; and many more withdrew at their own cost. In all, 60,000 are believed to have left the country for Canada, Nova Scotia, and other British possessions. Their departure was hailed by the American Whigs with unbounded delight.

As already remarked, the States declined to carry out the provisions of the treaty with respect to the refugees. When, therefore, the demand was made for the delivery of the eight frontier posts on the American side of the boundary from Lake Michigan to Lake Champlain, the

308

Cessions of western lands

[1780-7 British Minister replied that they were held because of the failure of the American government to secure from the States the restitution of confiscated property of the Loyalists. The States on their part justified their refusal by the assertion that Sir Guy Carleton had carried off thousands of negroes in violation of the seventh article of the peace. No argument could move either side; and for thirteen years the posts remained under the flag of Great Britain, and the fur-trade of which they were the centre was lost to the merchants of the United States.

The

The inability of Congress to levy taxes, duties, imposts, and excises, deprived it of a revenue sufficient to pay its debts, and brought the Confederation to the verge of bankruptcy. The debts of the Confederation were of two kinds, those due at home and those due abroad. domestic debt consisted of paper money, issued in great quantity by the Continental Congress, and so depreciated that it had become. worthless; of loan-office certificates, interest indents, and an immense amount of paper obligations issued by various departments. Towards the payment of this domestic debt Congress proposed that States claiming land between the Great Lakes, the mountains, and the Mississippi should cede their lands west of the mountains. It was promised that the territory so obtained should be divided into States, which in time should be admitted into the Union on the same footing as the original States; and that the proceeds of all land sold to settlers should be used to pay the domestic debt of the Confederation. Six States- Massachusetts, Connecticut, Virginia, North Carolina, South Carolina, and Georgia - claimed such territory by virtue of the "sea to sea" charters granted by James I, Charles I, Charles II, and George III. New York also held Indian rights acquired by treaty.

The appeal was successful; and between 1780 and 1787 cessions were made and deeds delivered to Congress by New York, Virginia, Massachusetts, and Connecticut. In July, 1787, Congress passed an ordinance providing for the government of the territory thus ceded between the Great Lakes and the Ohio, the western boundary of Pennsylvania and the Mississippi. These lands became known as the North-west Territory, and were subsequently divided into States. The money derived from the sale of land was scrupulously applied to pay the domestic debt. North and South Carolina and Georgia also made cessions; and the lands ceded by them were used for the same good purpose.

Towards the payment of the money due to France, Spain, and Holland, Congress could obtain no provision, nor did it ever secure a revenue sufficient to meet its current expenses. The cost of government and the expenses of the war were, according to the Articles of Confederation, to be paid by assessments on the States, the quota of each to be in proportion to the value of its surveyed and occupied lands. But, when calls were made, the States could not, or would not, respond. Driven to desperation, Congress, in 1781, proposed an amendment to the