Differences between Great Britain and the United States.... Mr. Adams appointed minister to Great Britain.... Discontents excited by the commercial regulations of Britain.... Parties in the United States.... The convention at Annapolis.... Virginia appoints deputies to a convention at Philadelphia.... General Washington chosen one of them.... Insurrection at Massachusetts.... Convention at Philadelphia.... A form of government submitted to the respective states, as ratified by eleven of them.... Correspondence of General Washington respecting the chief magistracy.... He is elected president.... Meeting of the first congress.
Differences between Great Britain and the United States.... Mr. Adams appointed minister to Great Britain.... Discontents excited by the commercial regulations of Britain.... Parties in the United States.... The convention at Annapolis.... Virginia appoints deputies to a convention at Philadelphia.... General Washington chosen one of them.... Insurrection at Massachusetts.... Convention at Philadelphia.... A form of government submitted to the respective states, as ratified by eleven of them.... Correspondence of General Washington respecting the chief magistracy.... He is elected president.... Meeting of the first congress.
1783 to 1787
Whilethe friends of the national government were making these unavailing efforts to invest it with a revenue which might enable it to preserve the national faith, many causes concurred to prepare the public mind for some great and radical change in the political system of America.
Misunderstandings between Great Britain and the United States.
Scarcely had the war of the revolution terminated, when the United States and Great Britain reciprocally charged each other with violations of the treaty of peace. On the construction of that part of the seventh article which stipulates against the "destruction or carrying away of any negroes, or other property of the American inhabitants," a serious difference of opinion prevailed which could not be easily accommodated. As men seldom allow much weight to the reasoning of an adversary, the construction put upon that article by the cabinet of London was generally treated in America as a mere evasion; and the removal of the negroes who had joined the British army on the faith of a proclamation offering them freedom, was considered as a flagrant breach of faith. In addition to this circumstance, the troops of his Britannic Majesty still retained possession of the posts on the American side of the great lakes. As those posts gave their possessors a decided influence over the warlike tribes of Indians in their neighbourhood, this was a subject to which the United States were peculiarly sensible.
On the other hand, the United States were charged with infringing the fourth, fifth, and sixth articles, which contain agreements respecting the payment of debts, the confiscation of property, and prosecution of individuals for the part taken by them during the war.
Onthe 14th of January, 1784, the day on which the definitive articles were ratified, congress passed a resolution containing a recommendation in the words of the treaty, respecting confiscated property, which was transmitted without delay to the several states. They considered this resolution as merely formal; and contended that neither the American nor the British government expected from it any beneficial results. But other stipulations which are explicit, the performance of which was not to rest on the recommendation of the government, especially that respecting the payment of debts, were also neglected. These causes of mutual complaint being permitted to rankle for some time in the bosoms of both nations, produced a considerable degree of irritation. The British merchants had large credits in America. Those engaged in the colonial trade had been nearly ruined by the rupture between the two countries; and, without taking into the account the embarrassments in which the war had involved their debtors, they calculated, after the restoration of peace, on the prompt collection of the vast sums which were due to them. But the impediments to the recovery of debts were, in many instances, permitted to remain; and the dispositions manifested by those states in which they were chiefly due, did not authorize a belief that any favourable change of measures was about to take place. The complaints of the creditors were loud and incessant. They openly charged the American government with violating the most solemn obligations which public and private contract could create; and this charge affected the national character the more seriously, because the terms of the treaty were universally deemed highly advantageous to the United States. The recriminations on the part of individuals in America, were also uttered with the angry vehemence of men who believe themselves to be suffering unprovoked injuries. The negroes in possession of the British armies at the restoration of peace, belonged, in many cases, to actual debtors; and in all, to persons who required the labour of which they were thus deprived, to repair the multiplied losses produced by the war. To the detention of the posts on the lakes was ascribed the hostile temper manifested by the Indians; and thus, to the indignity of permitting a foreign power to maintain garrisons within the limits of the nation, were superadded the murders perpetrated by the savages, and the consequent difficulty of settling the fertile and vacant lands of the west.[28]On the north-eastern frontier too, the British were charged with making encroachments on the territory of the United States. On that side, the river St. Croix, from its source to its mouth in the bay of Passamaquoddy, is the boundary between the two nations. Three rivers of that name empty into the bay. The Americans claimed the most eastern, as the real St. Croix, while settlements were actually made under the authority of the government of Nova Scotia to the middle river, and the town of St. Andrews was established on its banks.
Mr. Adams appointed to negotiate with the British cabinet.
But the cause of most extensive disquiet was the rigorous commercial system pursued by Great Britain. While colonists, the Americans had carried on a free and gainful trade with the British West Indies. Those ports were closed against them as citizens of an independent state; and their accustomed intercourse with other parts of the empire also was interrupted by the navigation act. To explore new channels for the commerce of the nation was, in the actual state of things, opposed by obstacles which almost discouraged the attempt. On every side they met with rigorous and unlooked for restrictions. Their trade with the colonies of other powers, as well as with those of England, was prohibited; and in all the ports of Europe they encountered regulations which were extremely embarrassing. From the Mediterranean, they were excluded by the Barbary powers, whose hostility they had no force to subdue, and whose friendship they had no money to purchase. Thus, the characteristic enterprise of their merchants, which, in better times, has displayed their flag in every ocean, was then in a great measure restrained from exerting itself by the scantiness of their means. These commercial difficulties suggested the idea of compelling Great Britain to relax the rigour of her system, by opposing it with regulations equally restrictive; but to render success in such a conflict possible, it was necessary that the whole power of regulating commerce should reside in a single legislature. Few were so sanguine as to hope that thirteen independent governments, jealous of each other, could be induced to concur for a length of time, in measures capable of producing the desired effect. With many, therefore, the desire of counteracting a system which appeared to them so injurious, triumphed over their attachment to state sovereignty; and the converts to the opinion that congress ought to be empowered to regulate trade, were daily multiplied. Meanwhile, the United States were unremitting in their endeavours to form commercial treaties in Europe. Three commissioners had been appointed for that purpose; and at length, as the trade with England was peculiarly important, and the growing misunderstandings between the two countries threatened serious consequences should their adjustment be much longer delayed, Mr. John Adams was appointed minister plenipotentiary to the court of St. James. His endeavours to form a commercial treaty were not successful. His overtures were declined by the cabinet of London, because the government of the United States was unable to secure the observance of any general commercial regulations; and it was deemed unwise to enter into stipulations which could not be of reciprocal obligation. In fact, it is not probable that, had even this difficulty been surmounted, Britain could have been induced to grant advantages that would have been satisfactory to America. The latter expected great relaxations of the navigation act, and a free admission into the colonies of the former; and believed its commerce of sufficient importance to obtain these objects, if it could be regulated by a single legislature. The reflecting part of America did not require this additional evidence of the sacrifice which had been made of national interest on the altars of state jealousy, to demonstrate the defectiveness of the existing system. On the mind of no person had this impression been more strongly made, than on that of General Washington. His extensive correspondence bears ample testimony to the solicitude with which he contemplated the proceedings of the states on this interesting subject.
The opinion he sought to inculcate was, that the trade between the United States and Great Britain was equally important to each; and therefore, that a commercial intercourse between the two nations might be established on equal terms, if the political arrangements in America would enable its government to guard its interests; but without such arrangements, those interests could not be protected, and America must appear in a very contemptible point of view to those with whom she was endeavouring to form commercial treaties, without possessing the means of carrying them into effect:—who "must see and feel that the union, or the states individually are sovereign as best suits their purposes:—in a word, that we are one nation to day, and thirteen to-morrow. Who," he added, "will treat with us on such terms?"
About this time, General Washington received a long and affectionate letter from the Marquis de Lafayette, who had just returned from a tour through the north of Europe. In communicating the occurrences at the courts he had visited, and especially at that of Prussia, whose aged and distinguished monarch, uniting the acquirements of the scholar and the statesman with the most profound skill in the art of war, could confer either literary or military fame, he dwelt with enthusiasm on the plaudits which were universally bestowed on his military patron and paternal friend. "I wish," he added, "the other sentiments I have had occasion to discover with respect to America, were equally satisfactory with those that are personal to yourself. I need not say that the spirit, the firmness, with which the revolution was conducted, has excited universal admiration:—That every friend to the rights of mankind is an enthusiast for the principles on which those constitutions are built:—but I have often had the mortification to hear, that the want of powers in congress, of union between the states, of energy in their government, would make the confederation very insignificant. By their conduct in the revolution," he added, "the citizens of America have commanded the respect of the world; but it grieves me to think they will in a measure lose it, unless they strengthen the confederation, give congress power to regulate their trade, pay off their debt, or at least the interest of it, establish a well regulated militia, and, in a word, complete all those measures which you have recommended to them."
"Unhappily for us," said the general in reply, "though the reports you mention are greatly exaggerated, our conduct has laid the foundation for them. It is one of the evils of democratic governments, that the people, not always seeing, and frequently misled, must often feel before they act right. But evils of this nature seldom fail to work their own cure. It is to be lamented, nevertheless, that the remedies are so slow, and that those who wish to apply them seasonably, are not attended to before they suffer in person, in interest, and in reputation. I am not without hopes that matters will soon take a favourable turn in the federal constitution. The discerning part of the community have long since seen the necessity of giving adequate powers to congress for national purposes, and those of a different description must yield to it ere long."
Discontents of the Americans against the commercial regulations of Britain.
While the recommendation of the 30th of April, 1784, was before the states, many causes contributed to diffuse through the community such a general dissatisfaction with the existing state of things, as to prepare the way for some essential change in the American system. In the course of the long war which had been carried on in the bosom of their country, the people of the United States had been greatly impoverished. Their property had been seized for the support of both armies; and much of their labour had been drawn from agriculture for the performance of military service. The naval power of their enemy had almost annihilated their commerce; from which resulted the two-fold calamity, that imported commodities were enhanced to an enormous price, while those for exportation were reduced much below their ordinary value. The inevitable consequence was, that those consumable articles which habit had rendered necessary, were exhausted; and peace found the American people, not only destitute of the elegancies, and even of the conveniences of life, but also without the means of procuring them, otherwise than by anticipating the proceeds of future industry. On opening their ports, an immense quantity of foreign merchandise was introduced into the country, and they were tempted by the sudden cheapness of imported goods, and by their own wants, to purchase beyond their capacities for payment. Into this indiscretion, they were in some measure beguiled by their own sanguine calculations on the value which a free trade would bestow on the produce of their soil, and by a reliance on those evidences of the public debt which were in the hands of most of them. So extravagantly too did many estimate the temptation which equal liberty and vacant lands would hold out to emigrants from the old world, as to entertain the opinion that Europe was about to empty itself into America, and that the United States would derive from that source such an increase of population, as would enhance their lands to a price heretofore not even conjectured. Co-operating with the cause last mentioned, was the impression which had been made by paper money on public morals, and on public opinion. It had not escaped observation that every purchaser on credit, however excessive the price might apparently be, had not only been relieved by the depreciation, but had derived great gains from his contract. Speculating on a similar course of things, many individuals had made extensive purchases at high prices; and had thus contributed to continue for a time, the deception imposed on themselves by those who supposed that the revolution was a talisman, whose magic powers were capable of changing the nature of things. The delusive hopes created by these visionary calculations were soon dissipated, and a great proportion of the inhabitants found themselves involved in debts they were unable to discharge. One of the consequences resulting from this unprosperous state of things was a general discontent with the course of trade. It had commenced with the native merchants of the north, who found themselves incapable of contending in their own ports with foreigners; and was soon communicated to others. The gazettes of Boston contained some very animated and angry addresses, which produced resolutions for the government of the citizens of that town, applications to their state legislature, a petition to congress, and a circular letter to the merchants of the several sea-ports throughout the United States. After detailing the disadvantages under which the trade and navigation of America laboured, and expressing their confidence that the necessary powers to the federal government would be soon, if not already, delegated, the petition to congress thus concludes: "Impressed with these ideas, your petitioners beg leave to request of the very august body which they have now the honour to address, that the numerous impositions of the British, on the trade and exports of these states, may be forthwith contravened by similar expedients on our part: else may it please your excellency and honours, the commerce of this country, and of consequence its wealth, and perhaps the union itself, may become victims to the artifice of a nation whose arms have been in vain exerted to accomplish the ruin of America."
The merchants of the city of Philadelphia presented a memorial to the legislature of that state, in which, after lamenting it as a fundamental defect in the constitution that full and entire power over the commerce of the United States had not been originally vested in congress, "as no concern common to many could be conducted to a good end, but by a unity of councils;" they say, "hence it is that the intercourses of the states are liable to be perplexed and injured by various and discordant regulations, instead of that harmony of measures on which the particular, as well as general interests depend; productive of mutual disgusts, and alienation among the several members of the empire.
"But the more certain inconveniences foreseen and now experimentally felt, flow from the unequal footing this circumstance puts us on with other nations, and by which we stand in a very singular and disadvantageous situation; for while the whole of our trade is laid open to these nations, they are at liberty to limit us to such branches of theirs as interest or policy may dictate:—unrestrained by any apprehensions, as long as the power remains severally with the states, of being met and opposed by any consistent and effectual restrictions on our part."
This memorial prayed that the legislature would endeavour to procure from congress, a recommendation to the several states, to vest in that body the necessary powers over the commerce of the United States.
It was immediately taken into consideration, and resolutions were passed conforming to its prayer. Similar applications were made by other commercial towns.
From these proceedings, and from the general representations made by the American merchants, General Washington had augured the most happy effects.
In a letter to the Marquis de Lafayette, he thus expressed his hope of the consequences which would attend the efforts then making to enlarge the powers of congress. "However unimportant America may be considered at present, and however Britain may affect to despise her trade, there will assuredly come a day when this country will have some weight in the scale of empires."
But a concurrence of the states in granting to the general government the beneficial powers in question, was not so near being effected as was hoped by its friends. A resolution was moved in congress, recommending it to the several states to vest in that body full authority to regulate their commerce, both external and internal, and to impose such duties as might be necessary for that purpose. This power was to be fettered with several extraordinary limitations, which might render it more acceptable to the governments who were asked to bestow it, among which was a provision that the duties should be "collectible under the authority, and accrue to the use of the state in which the same should be made payable." Notwithstanding these restrictions, marking the keen sighted jealousy with which any diminution of state sovereignty was watched, this resolution encountered much opposition even in congress.
During these transactions, the public attention was called to another subject which served to impress still more powerfully on every reflecting mind, the necessity of enlarging the powers of the general government, were it only to give efficacy to those which in theory it already possessed.
The uneasiness occasioned by the infractions of the treaty of peace on the part of Great Britain, has been already noticed. To obtain its complete execution, constituted one of the objects for which Mr. Adams had been deputed to the court of St. James. A memorial presented by that minister in December, 1785, urging the complaints of America, and pressing for a full compliance with the treaty, was answered by an enumeration of the violations of that compact on the part of the United States. The Marquis of Carmarthen acknowledged explicitly the obligation created by the seventh article to withdraw the British garrisons from every post within the United States; but insisted that the obligation created by the fourth article, to remove every lawful impediment to the recovery ofbona fidedebts, was equally clear and explicit.
"The engagements entered into by a treaty ought," he said, "to be mutual, and equally binding on the respective contracting parties. It would, therefore, be the height of folly as well as injustice, to suppose one party alone obliged to a strict observance of the public faith, while the other might remain free to deviate from its own engagements as often as convenience might render such deviation necessary, though at the expense of its own credit and importance."
He concluded with the assurance, "that whenever America should manifest a real determination to fulfil her part of the treaty, Great Britain would not hesitate to prove her sincerity to co-operate in whatever points depended upon her, for carrying every article of it into real and complete effect."
This letter was accompanied by a statement of the infractions of the fourth article.
Copies of both documents were immediately transmitted by Mr. Adams to congress, by whom they were referred to Mr. Jay, the secretary for foreign affairs. The report of that upright minister did not, by contravening facts, affect to exculpate his country. "Some of the facts," said he in a letter to General Washington, written after permission to communicate the papers had been given, "are inaccurately stated and improperly coloured; but it is too true that the treaty has been violated. On such occasions, I think it better fairly to confess and correct errors, than attempt to deceive ourselves and others, by fallacious though plausible palliations and excuses.
"To oppose popular prejudices, to censure the proceedings and expose the impropriety of states, is an unpleasant task, but it must be done."[29]
That the United States might with reason be required to fulfil the treaty before they could entitle themselves to demand a strict performance of it on the part of Great Britain, was a position the propriety of which they were prevented from contesting by the miserably defective organization of the government. If their treaties were obligatory in theory, the inability of congress to enforce their execution had been demonstrated in practice. Restrained by this defect in the constitution from insisting that the evacuation of the western posts should precede the removal of the impediments to thebona fideexecution of the treaty on the part of America, government exerted its earnest endeavours to prevail on the several states to repeal all existing laws which might be repugnant to that compact. The resolutions which were passed on that subject, and the circular letters which accompanied them to the several governors, contain arguments which ought to have demonstrated to all, the constitutional obligation of a treaty negotiated under the authority of congress, and the real policy, as well as the moral duty of faithfully executing that which had been formed with Great Britain. To the deep mortification of those who respected the character of the nation, these earnest representations did not produce the effect which was expected from them. "It was impolitic and unfortunate, if not unjust in these states," said General Washington to a member of congress by whom the objectionable conduct of America was first intimated to him, "to pass laws which by fair construction might be considered as infractions of the treaty of peace. It is good policy at all times to place one's adversary in the wrong. Had we observed good faith, and the western posts had been withheld from us by Great Britain, we might have appealed to God and man for justice."
"What a misfortune it is," said he in reply to the secretary for foreign affairs, "that the British should have so well grounded a pretext for their palpable infractions, and what a disgraceful part, out of the choice of difficulties before us, are we to act!"
Rise of parties in the United States.
The discontents arising from the embarrassments in which individuals were involved, continued to increase. At length, two great parties were formed in every state, which were distinctly marked, and which pursued distinct objects, with systematic arrangement.
The one struggled with unabated zeal for the exact observance of public and private engagements. By those belonging to it, the faith of a nation, or of a private man was deemed a sacred pledge, the violation of which was equally forbidden by the principles of moral justice, and of sound policy. The distresses of individuals were, they thought, to be alleviated only by industry and frugality, not by a relaxation of the laws, or by a sacrifice of the rights of others. They were consequently the uniform friends of a regular administration of justice, and of a vigorous course of taxation which would enable the state to comply with its engagements. By a natural association of ideas, they were also, with very few exceptions, in favour of enlarging the powers of the federal government, and of enabling it to protect the dignity and character of the nation abroad, and its interests at home.
The other party marked out for themselves a more indulgent course. Viewing with extreme tenderness the case of the debtor, their efforts were unceasingly directed to his relief. To exact a faithful compliance with contracts was, in their opinion, a harsh measure which the people would not bear. They were uniformly in favour of relaxing the administration of justice, of affording facilities for the payment of debts, or of suspending their collection, and of remitting taxes. The same course of opinion led them to resist every attempt to transfer from their own hands into those of congress, powers, which by others were deemed essential to the preservation of the union. In many of these states, the party last mentioned, constituted a decided majority of the people; and in all of them, it was very powerful. The emission of paper money, the delay of legal proceedings, and the suspension of the collection of taxes, were the fruits of their rule wherever they were completely predominant. Even where they failed to carry their measures, their strength was such as to encourage the hope of succeeding in a future attempt; and annual elections held forth to them the prospect of speedily repairing the loss of a favourite question. Throughout the union, the contest between these parties was periodically revived; and the public mind was perpetually agitated with hopes and fears on subjects which essentially affected the fortunes of a considerable proportion of the society.
These contests were the more animated, because, in the state governments generally, no principle had been introduced which could resist the wild projects of the moment, give the people an opportunity to reflect, and allow the good sense of the nation time for exertion. This uncertainty with respect to measures of great importance to every member of the community, this instability in principles which ought, if possible, to be rendered immutable, produced a long train of ills; and is seriously believed to have been among the operating causes of those pecuniary embarrassments, which, at that time, were so general as to influence the legislation of almost every state in the union. Its direct consequence was the loss of confidence in the government, and in individuals. This, so far as respected the government, was peculiarly discernible in the value of state debts.
The war having been conducted by nations in many respects independent of each other, the debts contracted in its prosecution were due, in part from the United States, and in part from the individual states who became immediately responsible to the creditors, retaining their claim against the government of the union for any balances which might appear to be due on a general settlement of accounts.
That the debt of the United States should have greatly depreciated will excite no surprise, when it is recollected that the government of the union possessed no funds, and, without the assent of jealous and independent sovereigns, could acquire none, to pay the accruing interest: but the depreciation of the debt due from those states which made an annual and adequate provision for the interest, can be ascribed only to a want of confidence in governments which were controlled by no fixed principles; and it is therefore not entirely unworthy of attention. In many of those states which had repelled every attempt to introduce into circulation a depreciated medium of commerce, or to defeat the annual provision of funds for the payment of the interest, the debt sunk in value to ten, five, and even less than four shillings in the pound. However unexceptionable might be the conduct of the existing legislature, the hazard from those which were to follow was too great to be encountered without an immense premium. In private transactions, an astonishing degree of distrust also prevailed. The bonds of men whose ability to pay their debts was unquestionable, could not be negotiated but at a discount of thirty, forty, and fiftyper centum: real property was scarcely vendible; and sales of any article for ready money could be made only at a ruinous loss. The prospect of extricating the country from these embarrassments was by no means flattering. Whilst every thing else fluctuated, some of the causes which produced this calamitous state of things were permanent. The hope and fear still remained, that the debtor party would obtain the victory at the elections; and instead of making the painful effort to obtain relief by industry and economy, many rested all their hopes on legislative interference. The mass of national labour, and of national wealth, was consequently diminished. In every quarter were found those who asserted it to be impossible for the people to pay their public or private debts; and in some instances, threats were uttered of suspending the administration of justice by violence.
By the enlightened friends of republican government, this gloomy state of things was viewed with deep chagrin. Many became apprehensive that those plans from which so much happiness to the human race had been anticipated, would produce only real misery; and would maintain but a short and a turbulent existence. Meanwhile, the wise and thinking part of the community, who could trace evils to their source, laboured unceasingly to inculcate opinions favourable to the incorporation of some principles into the political system, which might correct the obvious vices, without endangering the free spirit of the existing institutions.
While the advocates for union were exerting themselves to impress its necessity on the public mind, measures were taken in Virginia, which, though originating in different views, terminated in a proposition for a general convention to revise the state of the union.
To form a compact relative to the navigation of the rivers Potomac and Pocomoke, and of part of the bay of Chesapeake, commissioners were appointed by the legislatures of Virginia and Maryland, who assembled in Alexandria, in March, 1785. While at Mount Vernon on a visit, they agreed to propose to their respective governments, the appointment of other commissioners, with power to make conjoint arrangements, to which the assent of congress was to be solicited, for maintaining a naval force in the Chesapeake; and to establish a tariff of duties on imports, to which the laws of both states should conform. When these propositions received the assent of the legislature of Virginia, an additional resolution was passed, directing that which respected the duties on imports to be communicated to all the states in the union, who were invited to send deputies to the meeting.
On the 21st of January, 1786, a few days after the passage of these resolutions, another was adopted appointing certain commissioners,[30]"who were to meet such as might be appointed by the other states in the union, at a time and place to be agreed on, to take into consideration the trade of the United States; to examine the relative situation and trade of the said states; to consider how far a uniform system in their commercial relations may be necessary to their common interest, and their permanent harmony; and to report to the several states such an act relative to this great object, as, when unanimously ratified by them, will enable the United States in congress assembled effectually to provide for the same."
In the circular letter transmitting these resolutions to the respective states, Annapolis in Maryland was proposed as the place, and the ensuing September as the time of meeting.
Before the arrival of the period at which these commissioners were to assemble, the idea was carried by those who saw and deplored the complicated calamities which flowed from the intricacy of the general government, much further than was avowed by the resolution of Virginia. "Although," said one of the most conspicuous patriots[31]of the revolution, in a letter to General Washington, dated the 16th of March, 1786, "you have wisely retired from public employments, and calmly view from the temple of fame, the various exertions of that sovereignty and independence which Providence has enabled you to be so greatly and gloriously instrumental in securing to your country, yet I am persuaded you can not view them with the eye of an unconcerned spectator.
"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 convention 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. It is in contemplation to take measures for forming a general convention. The plan is not matured. If it should be well connected and take effect, I am fervent in my wishes that it may comport with the line of life you have marked out for yourself, to favour your country with your counsels on such an important andsingleoccasion. I suggest this merely as a hint for consideration."
In the moment of tranquillity, and of real or imaginary security, the mind delights to retrace the intricate path by which this point of repose has been attained. The patriots who accomplished that great revolution which has given to the American people a national government capable of maintaining the union of the states, and of preserving republican liberty, must be gratified with the review of that arduous and doubtful struggle, which terminated in the triumph of human reason, and the establishment of that government. Even to him who was not an actor in the busy scene, who enjoys the fruits of the labour without participating in the toils or the fears of the patriots who have preceded him, the sentiments entertained by the most enlightened and virtuous of America at the eventful period between the restoration of peace and the adoption of our present free and effective constitution, can not be uninteresting.
"Our affairs," said the same gentleman in a letter of the 27th of June, "seem to lead to some crisis, some revolution—something that I can not foresee or conjecture. I am uneasy and apprehensive, more so than during the war.Then, we had a fixed object, and though the means and time of obtaining it were often problematical, yet I did firmly believe that we should ultimately succeed, because I did firmly believe that justice was with us. The case is now altered; we are going, and doing wrong, and therefore I look forward to evils and calamities, but without being able to guess at the instrument, nature, or measure of them.
"That we shall again recover, and things again go well, I have no doubt. Such a variety of circumstances would not, almost miraculously, have combined to liberate and make us a nation, for transient and unimportant purposes. I therefore believe we are yet to become a great and respectable people—but when or how, only the spirit of prophecy can discern.
"There doubtless is much reason to think and to say that we are wofully, and, in many instances, wickedly misled. Private rage for property suppresses public considerations, and personal rather than national interests have become the great objects of attention. Representative bodies will ever be faithful copies of their originals, and generally exhibit a chequered assemblage of virtue and vice, of abilities and weakness. The mass of men are neither wise nor good, and the virtue, like the other resources of a country, can only be drawn to a point by strong circumstances, ably managed, or strong governments, ably administered. New governments have not the aid of habit and hereditary respect, and being generally the result of preceding tumult and confusion, do not immediately acquire stability or strength. Besides, in times of commotion, some men will gain confidence and importance who merit neither; and who, like political mountebanks, are less solicitous about the health of the credulous crowd, than about making the most of their nostrums and prescriptions.
"What I most fear is, that the better kind of people (by which I mean the people who are orderly and industrious, who are content with their situations, and not uneasy in their circumstances) will be led by the insecurity of property, the loss of confidence in their rulers, and the want of public faith and rectitude, to consider the charms of liberty as imaginary and delusive. A state of uncertainty and fluctuation must disgust and alarm such men, and prepare their minds for almost any change that may promise them quiet and security."
To this interesting letter, General Washington made the following reply: "Your sentiments that our affairs are drawing rapidly to a crisis, accord with my own. What the event will be is also beyond the reach of my foresight. We have errors to correct; we have probably had too good an opinion of human nature in forming our confederation. Experience has taught us that men will not adopt and carry into execution measures the best calculated for their own good, without the intervention of coercive power. I do not conceive we can exist long as a nation, without lodging 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, constituted as that body is, with ample authorities for national purposes, appears to me the very climax of popular absurdity and madness. Could congress exert them for the detriment of the people, 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 applications 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, where thirteen sovereign, independent, disunited states, are in the habit of discussing, and refusing or complying with them at their option. Requisitions are actually little better than a jest and a bye-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? Things 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 these circumstances, will have their minds prepared for any revolution whatever. We are apt to run from one extreme into another. To anticipate and prevent disastrous contingencies, would be the part of wisdom and patriotism.
"What astonishing changes a few years are capable of producing! 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 for our enemies to verify their predictions!—what a triumph for the advocates of despotism to find that we are incapable of governing ourselves, and that systems founded on the basis of equal liberty are merely ideal and fallacious! 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, 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 would have much weight on the minds of my countrymen.—They have been neglected, though given as a last legacy in the most solemn manner.—I had then perhaps some claims to public attention.—I consider myself as having none at present."
The convention at Annapolis.
The convention at Annapolis was attended by commissioners from only six states.[32]These, after appointing Mr. Dickinson their chairman, proceeded to discuss the objects for which they had convened. Perceiving that more ample powers would be required to effect the beneficial purposes which they contemplated, and hoping to procure a representation from a greater number of states, the convention determined to rise without coming to any specific resolutions on the particular subject which had been referred to them. Previous to their adjournment, however, they agreed on a report to be made to their respective states, in which they represented the necessity of extending the revision of the federal system to all its defects, and recommended that deputies for that purpose be appointed by the several legislatures, to meet in convention in the city of Philadelphia, on the second day of the ensuing May.
The reasons for preferring a convention to a discussion of this subject in congress were stated to be, "that in the latter body, it might be too much interrupted by the ordinary business before them, and would, besides, be deprived of the valuable counsels of sundry individuals who were disqualified by the constitution or laws of particular states, or by peculiar circumstances, from a seat in that assembly."
A copy of this report was transmitted to congress in a letter from the chairman, stating the inefficacy of the federal government, and the necessity of devising such further provisions as would render it adequate to the exigencies of the union.
Virginia appoints deputies to meet those of other states at Philadelphia for the purpose of revising the federal system.
On receiving this report, the legislature of Virginia passed an act for the appointment of deputies to meet such as might be appointed by other states; to assemble in convention at Philadelphia, at the time, and for the purposes, specified in the recommendation from the convention which had met at Annapolis.
In communicating this act to General Washington, its principal advocate[33]thus intimated the intention of aiding it by the influence and character of the chief of the revolution. "It has been thought adviseable to give the subject a very solemn dress, and all the weight which could be derived from a single state. This idea will also be pursued in the selection of characters to represent Virginia in the federal convention. You will infer our earnestness on this point, from the liberty which will be used of placing your name at the head of them. How far this liberty may correspond with the ideas by which you ought to be governed, will be best decided where it must ultimately be decided. In every event it will assist powerfully in marking the zeal of our legislature, and its opinion of the magnitude of the occasion."
"Although," said the general in reply, "I have bid a public adieu to the public walks of life, and had resolved never more to tread that theatre; yet, if upon an occasion so interesting to the well being of the confederacy, it had been the wish of the assembly that I should be an associate in the business of revising the federal system, I should from a sense of the obligation I am under for repeated proofs of confidence in me, more than from any opinion I could entertain of my usefulness, have obeyed its call; but it is now out of my power to do this with any degree of consistency—the cause I will mention.
"I presume you heard, sir, that I was first appointed, and have since been rechosen 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, on the 31st ultimo, 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 rechosen president. The vice-president is also informed of this, that the business of the society may not be impeded by my absence. Under these circumstances, it will readily be perceived that I could not appear at the same time and place on any other occasion, without giving offence to a very respectable and deserving part of the community—the late officers of the American army."
Washington chosen one of them.
Notwithstanding this letter, the name of General Washington was not withdrawn, and he was unanimously chosen a member of the convention. On receiving private information of this appointment, he addressed a second letter to his confidential friend, in which he detailed more at large, the motives which induced him to decline a service, the importance of which he felt sensibly, and which he would willingly have undertaken but for the peculiar circumstances which were stated.
His name, however, was continued in the appointment. The gloomy aspect of affairs in the north rendered this the more necessary, and it was thus explained by his correspondent. "I have considered well the circumstances which it (your letter) confidentially discloses, as well as those contained in your preceding favour. The difficulties which they oppose to an acceptance of the appointment in which you are included, can as little be denied, as they can fail to be regretted. But I still am inclined to think, that the posture of our affairs, if it should continue, would prevent any criticism on the situation which the contemporary meetings would place you in; and wish that at least a door could be kept open for your acceptance hereafter, in case the gathering clouds should become so dark and menacing as to supersede every consideration but that of our national existence or safety. A suspense of your ultimate determination would be nowise inconvenient in a public view, as the executive are authorized to fill vacancies, and can fill them at any time; and in any event, three out of seven deputies are authorized to represent the state. How far it may be admissible in another view, will depend perhaps in some measure on the chance of your finally undertaking the service, but principally on the correspondence which is now passing on the subject, between yourself and the governor."
The governor of Virginia,[34]who was himself also elected to the convention, transmitted to General Washington the act, and the vote of the assembly in the following letter. "By the enclosed act you will readily discover that the assembly are alarmed at the storms which threaten the United States. What our enemies have foretold seems to be hastening to its accomplishment, and can not be frustrated but by an instantaneous, zealous, and steady union among the friends of the federal government. To you I need not press our present dangers. The inefficiency of congress you have often felt in your official character; the increasing languor of our associated republics you hourly see; and a dissolution would be, I know, to you, a source of the deepest mortification.
"I freely then entreat you to accept the unanimous appointment of the general assembly to the convention at Philadelphia. For the gloomy prospect still admits one ray of hope, that those who began, carried on, and consummated the revolution, can yet rescue America from the impending ruin."
"Sensible as I am," said the general in reply, "of the honour conferred on me by the general assembly of this commonwealth, in appointing me one of the deputies to a convention proposed to be held in the city of Philadelphia in May next, for the purpose of revising the federal constitution; and desirous as I am on all occasions of testifying a ready obedience to the calls of my country—yet, sir, there exist at this moment, circumstances which I am persuaded will render this fresh instance of confidence incompatible with other measures which I had previously adopted, and from which seeing little prospect of disengaging myself, it would be disingenuous not to express a wish that some other character, on whom greater reliance can be had, may be substituted in my place, the probability of my non-attendance being too great to continue my appointment.
"As no mind can be more deeply impressed than mine is with the critical situation of our affairs, resulting in a great measure from the want of efficient powers in the federal head, and due respect to its ordinances, so consequently those who do engage in the important business of removing these defects, will carry with them every good wish of mine, which the best dispositions towards their attainment can bestow."
The executive, unwilling to relinquish the advantages which the legislature had expected to derive from exhibiting the name of Washington at the head of the Virginia delegation, refused to consider him as having declined the appointment. That his judgment had not completely decided on the course which duty and patriotism required him to pursue; that in a crisis on which probably depended the union of the states, and the happiness of America, he refused himself reluctantly to the anxious wishes of his countrymen; were too apparent not to leave a hope that events might yet determine him to yield to their desires. He was therefore emphatically requested not to decide absolutely, and was informed that as no inconvenience would result from not appointing a successor, the option of complying with the earnest solicitations of those who considered the effort about to be made as the last hope of the union, would, as long as possible, be permitted to remain with him. In the mean time, those who persuaded themselves that much good might result from the proposed convention, continued to urge him with delicacy but with earnestness, not to withhold on this great and particular occasion, those inestimable services which the confidence so justly reposed by the public in his talents and character, enabled him alone to render.
Placed in these circumstances, General Washington weighed deliberately in his own mind the arguments for and against accepting the appointment which was so seriously pressed upon him. That the proposed convention was, in any point of view in which it could be contemplated, an object of the first magnitude, appeared to him to be undeniable. It was apparent that the actual government could not exist much longer without additional means. It was therefore necessary to meet the solemn question whether it ought to be supported or annihilated. Those who embraced the former part of the alternative must consider the convention as the only remaining experiment from which the federal government could derive powers sufficiently ample for its preservation. Those who embraced the latter, who thought that on a full and dispassionate revision of the system, its continuance would be adjudged impracticable or unwise, could not hesitate to admit that their opinion would derive great additional weight from the sanction of so respectable a body as that which was about to assemble: and that in such an event, it was greatly desirable, and would afford some security against civil discord, to put the public in possession of a plan prepared and digested by such high authority. "I must candidly confess," he added in a letter to Colonel Humphries, "as we could not remain quiet more than three or four years in time of peace, under the constitutions of our own choosing, which were believed in many states to have been formed with deliberation and wisdom, I see little prospect either of our agreeing on any other, or that we should remain long satisfied under it, if we could. Yet I would wish any thing and every thing essayed to prevent the effusion of blood, and to avert the humiliating and contemptible figure we are about to make in the annals of mankind!"
Earnestly as General Washington wished success to the experiment about to be made, he could not surrender his objections to the step its friends urged him to take, without the most serious consideration. In addition to that which grew out of his connexion with the Cincinnati, and to the reluctance with which he could permit himself to be drawn, on any occasion, into a political station, there were others which could not be disregarded. A convention, not originating in a recommendation of congress, was deemed by many an illegitimate meeting; and as the New England states had neglected the invitation to appear by their representatives at Annapolis, there was reason to apprehend they might be equally inattentive to the request now made them to assemble at Philadelphia. To appear in a public character, for a purpose not generally deemed of the utmost importance, would not only be unpleasant to himself, but might diminish his capacity to be useful on occasions which subsequent events might produce. "If," said he in a private letter to a military friend, "this second attempt to convene the states for the purposes proposed by the report of the partial representation at Annapolis in September, should also prove abortive, it may be considered as unequivocal evidence that the states are not likely to agree on any general measure which is to pervade the union, and of course, that there is an end of the federal government. The states which make this last dying essay to avoid this misfortune would be mortified at the issue, and their deputies would return home chagrined at their ill success and disappointment. This would be a disagreeable circumstance to any one of them, but more particularly to a person in my situation." His letters of consultation therefore, with a few confidential friends, also requested information respecting those points on which his own judgment might ultimately be formed. He was particularly desirous of knowing how the proposition made by Virginia was received in the other states, and what measures were taken to contravene, or to give it effect. He inquired too with the utmost solicitude how the members of the Cincinnati would receive his appearance in convention, after declining to be rechosen the president of that society.
The enlightened friends of the union and of republican government, generally regarded the convention as a measure which afforded the best chance for preserving liberty and internal peace. And those whose hopes predominated over their fears, were anxious to increase the probability of deriving from it every practicable good, by retaining on the list of its members, the most conspicuous name of which America could boast. But this opinion was not universal. Among those who felt the importance of the crisis, and who earnestly wished that a free government, competent to the preservation of the union, might be established, there were some who despaired of a favourable issue to the attempt, and who were therefore anxious to rescue their general from the increased mortification which would attend its failure, should he be personally engaged in it. They believed that all the states would not be represented in the convention. In a letter of the 20th of January, 1787, Colonel Humphries, who was himself under this impression, thus accounts for the omission of the federal men in the assembly of Connecticut, to press the appointment of deputies. "The reason," he said, "was a conviction that the persons who could be elected were some of the best anti-federal men in the state, who believed, or acted as if they believed, that the powers of congress were already too unlimited, and who would wish, apparently, to see the union dissolved. These demagogues," continued the letter, "really affect to persuade the people (to use their own phraseology) that they are only in danger of having their liberties stolen away by an artful designing aristocracy. But should the convention be formed under the most favourable auspices, and should the members be unanimous in recommending, in the most forcible, the most glowing, and the most pathetic terms which language can afford, that it is indispensable to the salvation of the country, congress should be clothed with more ample powers, the states," he thought, "would not all comply with the recommendation. They have a mortal reluctance to divest themselves of the smallest attribute of independent separate sovereignties." After assigning many reasons against accepting the appointment, this gentleman added: "the result of the convention may not perhaps be so important as is expected, in which case your character would be materially affected. Other people can work up the present scene. I know your personal influence and character is justly considered the last stake which America has to play. Should you not reserve yourself for the united call of a continent entire?
"If you should attend on this convention, and concur in recommending measures which should be generally adopted, but opposed in some parts of the union, it would doubtless be understood that you had in a degree pledged yourself for their execution. This would at once sweep you back inevitably into the tide of public affairs."
The same opinion was also intimated by another military friend[35]who had always possessed a large portion of the esteem and affection of his general. After stating the various and contradictory plans of government which were suggested by the schemers of the day, he added: "you will see by this sketch, my dear sir, how various are the opinions of men, and how difficult it will be to bring them to concur in any effective government. I am persuaded, if you were determined to attend the convention, and it should be generally known, it would induce the eastern states to send delegates to it. I should therefore be much obliged for information of your decision on this subject. At the same time, the principles of the purest and most respectful friendship induce me to say, that however strongly I wish for measures which would lead to national happiness and glory, yet I do not wish you to be concerned in any political operations, of which there are such various opinions. There may indeed arise some solemn occasion, in which you may conceive it to be your duty again to exert your utmost talents to promote the happiness of your country. But this occasion must be of an unequivocal nature, in which the enlightened and virtuous citizens should generally concur."
While the confidential friends of General Washington were thus divided on the part which it behoved him to act, there was much reason to fear that a full representation of the states would not be obtained. Among those who were disinclined to a convention, were persons who were actuated by different, and even by opposite motives. There were probably some who believed that a higher toned[36]government than was compatible with the opinions generally prevailing among the friends of order, of real liberty, and of national character, was essential to the public safety. They believed that men would be conducted to that point only through the road of misery into which their follies would lead them, and that "times must be worse before they could be better." Many had sketched in their own minds a plan of government strongly resembling that which had been actually adopted, but despaired of seeing so rational a system accepted, or even recommended; "some gentlemen," said the correspondent last mentioned, "are apprehensive that a convention of the nature proposed to meet in May next, might devise some expedient to brace up the present defective confederation, so as just to serve to keep us together, while it would prevent those exertions for a national character which are essential to our happiness: that in this point of view it might be attended with the bad effect of assisting us to creep on in our present miserable condition, without a hope of a generous constitution, that should, at the same time, shield us from the effects of faction, and of despotism."[37]Many discountenanced the convention, because the mode of calling it was deemed irregular, and some objected to it, because it was not so constituted as to give authority to the plan which should be devised. But the great mass of opposition originated in a devotion to state sovereignty, and in hostility to any considerable augmentation of federal power.
The ultimate decision of the states on this interesting proposition seems to have been in no inconsiderable degree influenced by the commotions which about that time agitated all New England, and particularly Massachusetts.