George Washington Part 8

[Footnote 1: Ford, xi, 31.]

One of the chief causes of the discontents which troubled the public was the increasing number of persons who had been made debtors after the war by the more and more pressing demands of their creditors.

These debtors knew nothing about economics; they only knew that they were being crushed by persons more lucky than themselves. In Ma.s.sachusetts they broke out in actual rebellion named after the man who led it, Daniel Shays. They were put down by the more or less doubtful appeal to veterans of the National Army, but their ebullition was not forgotten as a symptom of a very dangerous condition. In 1786 representatives from five States met in a convention at Annapolis to consider the hard times and the troubles in trade. Was.h.i.+ngton, Hamilton, and Madison were thought to be behind the convention, which accomplished little, but made it clear that a large general convention ought to meet and to discuss the way of securing a strong central government. This convention was discussed during that summer and autumn, and a call was issued for a meeting in the following spring at Philadelphia. Virginia turned first to Was.h.i.+ngton to be one of its delegates, but he had sincere scruples against entering public life again. He wrote to James Madison on November 18th:

Although I had bid adieu to the public walks of life in a public manner, and had resolved never more to tread upon public ground, yet if, upon an occasion so interesting to the well-being of the confederacy, it should have appeared to have been the wish of the a.s.sembly to have employed me with other a.s.sociates in the business of revising the federal system, I should, from a sense of obligation I am under for repeated proof of confidence in me, more than from any opinion I should have entertained of my usefulness, have obeyed its call; but it is now out of my power to do so with any degree of consistency.[1]

[Footnote 1: Ford, XI, 87.]

Was.h.i.+ngton's disinclination to abandon the quiet of Mount Vernon and the congenial work he found there, and to be plunged again into political labors, was perhaps his strongest reason for making this decision. But a temporary aggravation ruled him. The Society of the Cincinnati, of which he was president, had aroused much odium in the country among those who were jealous or envious that such a special privileged cla.s.s should exist, and among those who really believed that it had the secret design of establis.h.i.+ng an aristocracy if not actually a monarchy. Was.h.i.+ngton held that its original avowed purpose, to keep the officers who had served in the Revolution together, would perpetuate the patriotic spirit which enabled them to win, and might be a source of strength in case of further ordeals. But when he found that public sentiment ran so strongly against the Cincinnati, he withdrew as its president and he told Madison that he would vote to have the Society disbanded if it were not that it counted a minority of foreign members. Stronger than a desire for a private life and for the ease of Mount Vernon was his sense of duty as a patriot; so that when this was strongly urged upon him he gave way and consented.

Spring came, the snows melted in the Northern States, and through the month of April the delegates to this Convention started from their homes in the North and in the South for Philadelphia. The first regular session was held on May 25th, although some of the delegates did not arrive until several weeks later. They sat in Independence Hall in the same room where, eleven years before, the Declaration of Independence had been adopted and signed. Of the members in the new Convention, George Was.h.i.+ngton was easily the first. His commanding figure, tall and straight and in no wise impaired by eight years'

campaigns and hards.h.i.+ps, was almost the first to attract the attention of any one who looked upon that a.s.sembly. He was fifty-five years old.

Next in reputation was the patriarch, Benjamin Franklin, twenty-seven years his senior, shrewd, wise, poised, tart, good-natured; whose prestige was thought to be sufficient to make him a worthy presiding officer when Was.h.i.+ngton was not present. James Madison of Virginia was among the young men of the Convention, being only thirty-six years old, and yet almost at the top of them all in const.i.tutional learning.

More precocious still was Alexander Hamilton of New York, who was only thirty, one of the most remarkable examples of a statesman who developed very early and whom Death cut off before he showed any signs of a decline. One figure we miss--that of Thomas Jefferson of Virginia, tall and wiry and red-curled, who was absent in Paris as Minister to France.

Ma.s.sachusetts sent four representatives, important but not preeminent--Elbridge Gerry, Nathaniel Gorham, Rufus King, and Caleb Strong. New York had only two besides Hamilton; Robert Yates and John Lansing. Pennsylvania trusted most to Benjamin Franklin, but she sent the financier of the Revolution, Robert Morris, and Gouverneur Morris; and with them went Thomas Mifflin, George Clymer, Thomas Fitzsimmons, Jared Ingersoll, James Wilson--all conspicuous public men at the time, although their fame is bedraggled or quite faded now. Wilson ranked as the first lawyer of the group. Of the five from little Delaware st.u.r.dy John d.i.c.kinson, a man who thought, was no negligible quant.i.ty.

Connecticut also had as spokesmen two strong individualities--Roger Sherman and Oliver Ellsworth. Maryland spoke through James McHenry and Daniel Carroll and three others of greater obscurity. Virginia had George Was.h.i.+ngton, President of the Convention, and James Madison, active, resourceful, and really accomplis.h.i.+ng; and in addition to these two: Edmund Randolph, the Governor; George Mason, Was.h.i.+ngton's hard-headed and discreet lawyer friend; John Blair, George Wythe, and James McClurg. From South Carolina went three unusual orators, John Rutledge, C.C. Pinckney and Charles Pinckney, and Pierce Butler.

Georgia named four mediocre but useful men.

In this gathering of fifty-five persons, the proportion between those who were preeminent for common sense and those who were remarkable for special knowledge and talents was very fairly kept. Most of them had had experience in dealing with men either in local government offices or in the army. Socially, they came almost without exception from respectable if not aristocratic families. Of the fifty-five, twenty-nine were university or college bred, their universities comprising Oxford, Glasgow, and Edinburgh besides the American Harvard, William and Mary, Yale, Princeton, and Columbia. The two foremost members, Was.h.i.+ngton and Franklin, were not college bred.

Among the fifty-five we do not find John Adams and Thomas Jefferson, who, as I have said, were in Europe on official business. John Jay also was lacking, because, as it appears, the Anti-Federalists did not wish him to represent them in the Convention; but his influence permeated it and the wider public, who later read his unsigned articles in "The Federalist." Samuel Adams, Patrick Henry, and Richard Henry Lee stayed at home. General Nathanael Greene, the favorite son of Rhode Island, would have been at the Convention but for his untimely death a few weeks before the preceding Christmas.

Owing to delays the active business of the Convention halted, although for at least a fortnight the members who had come promptly carried on unofficial discussions. Was.h.i.+ngton, being chosen President without a compet.i.tor, presided, with perhaps more than his habitual gravity and punctilio. The members took their work very seriously. The debates lasted five or six hours a day, and, as they were continued consecutively until the autumn, there was ample time to discuss many subjects. The Convention adopted strict secrecy as its rule, so that its proceedings were not known by the public nor was any satisfactory report of them kept and published. At the time there was objection to this provision, and now, after more than a century and a third, we must regret that we can never know many points in regard to the actual give and take of discussion in this the most fateful of all a.s.semblies. But from Madison's memoranda and reminiscences we can infer a good deal as to what went on.

The wisdom of keeping the proceedings secret was fully justified. The framers of the Const.i.tution knew that it was to a large degree a new experiment, that it would be subjected to all kinds of criticism, but that it must be judged by its entirety and not by its parts; and that therefore it must be presented entire. At the outset some of the members, foreseeing opposition, were for suggesting palliatives and for sugar-coating. Some of the measures they feared might excite hostility. To these suggestions Was.h.i.+ngton made a brief but very n.o.ble remonstrance which seemed deeply to impress his hearers. And no one could question that it gave the keynote on which he hoped to maintain the business of the Convention. "It is too probable that no plan we propose will be adopted," Was.h.i.+ngton said very gravely. "Perhaps another dreadful conflict is to be sustained. If, to please the people, we offer what we ourselves disapprove, how can we afterward defend our work? Let us raise a standard to which the wise and honest can repair; the event is in the hand of G.o.d."[1] Among the obstacles which seemed very serious--and many believed they would wreck the Convention--was the question of slavery. By this time all the northern part of the country favored its abolition. Even Virginia was on that side. For practical planters like George Was.h.i.+ngton knew that it was the most costly and least productive form of labor. They opposed it on economic rather than moral grounds. Farther South, however, especially in South Carolina where the negroes seemed to be the only kind of laborers for the rice-fields, and in those regions where they harvested the cotton, the whites insisted that slavery should be maintained. The contest seemed likely to be very fierce between the disputants, and then, with true Anglo-Saxon instinct, they sought for a compromise. The South had regarded slaves as chattels. The compromise brought forward by Madison consisted in agreeing that five slaves should count in population as three. By this curious device a negro was equivalent to three fifths of a white man. Such a compromise was, of course, illogical, leaving the question whether negroes were chattels or human beings with even a theoretical civil character undecided. But many of the members, who saw the illogic quite plainly, voted for it, being dazzled if not seduced by the thought that it was a compromise which would stave off an irreconcilable conflict at least for the present; so Was.h.i.+ngton, who wished the abolition of slavery, voted for the compromise along with Charles Cotesworth Pinckney, the South Carolinian who regarded slavery as higher than any of the Ten Commandments.

[Footnote 1: Fiske, _Critical Period_, 250.]

The second compromise referred to the slave trade, which was particularly defended by South Carolina and Georgia. The raising of rice and indigo in those States caused an increasing death-rate among the slaves. The slave trade, which brought many kidnapped slaves from Africa to those States was needed to replenish the number of slaves who died. Virginia had not yet become an important breeding-place of slaves who were sold to planters farther south. The members of the Convention who wished to put an end to this hideous traffic proposed that it should be prohibited, and that the enforcement of the prohibition should be a.s.signed to the General Government. Pinckney, however, keen to defend his privileged inst.i.tution and the special interests of his State, bluntly informed the Convention that if they voted to abolish the slave trade, South Carolina would regard it as a polite way of telling her that she was not wanted in the new Union. To think of attempting to form a Union without South Carolina amazed them all and made them pliable. Although there was considerable opposition to giving the General Government control over s.h.i.+pping, this provision was pa.s.sed. The Northerners saw in it the germs of a tariff act which would benefit their manufacturers, and they agreed that the slave trade should not be interfered with before 1808 and that no export tax should be authorized.

The third compromise affected representation. The Convention had already voted that the Congress should consist of two parts, a Senate and a House of Representatives. By a really clever device each State sent two members to the Senate, thus equalizing the small and large States in that branch of the Government. The House, on the other hand, represented the People, and the number of members elected from each State corresponded, therefore, to the population.

As I do not attempt to make even a summary of the details of the Convention, I should pa.s.s over many of the other topics which it considered, often with very heated discussion. The fundamental problem was how to preserve the rights of the States and at the same time give the Central Government sufficient power. By devices which actually worked, and for many years continued to work, this conflict was smoothed over, although sixty years later the question of State rights, intertwined with that of slavery, nearly split the Nation in the War of Secession. There was much question as to the term for which the President should be elected and whether by the People or by Congress. Some were for one, two, three, four, ten, and even fifteen years. Rufus King, grown sarcastic, said: "Better call it twenty--it's the average reign of princes." Alexander Hamilton and Gouverneur Morris stood for a life service with provision for the President's removal in case of malfeasance. These gentlemen, in spite of their influence in the Convention, stirred up a deep-seated enmity to their plan. Few instincts were more general than that which drew back from any arrangement which might embolden the monarchists to make a man President for a ten or fifteen years' term or for life. This could not fail to encourage those who wished for the equivalent of an hereditary prince. The Convention soon made it evident that they would have none but a short term, and they chose, finally, four years. There was a debate over the question of his election; should he be chosen directly by the legislature, or by electors? The strong men--Mason, Rutledge, Roger Sherman, and Strong--favored the former; stronger men--Was.h.i.+ngton, Madison, Gerry, and Gouverneur Morris--favored the latter, and it prevailed. Nevertheless, the Electoral College thus created soon became, and has remained, as useless as a vermiform appendix.

Towards the end of the summer the Convention had completed its first draft of the Const.i.tution; then they handed their work over to a Committee for Style and Arrangement, composed of W.S. Johnson of North Carolina, Hamilton, Gouverneur Morris, Madison, and King. Then, on September 17th, the Const.i.tution of the United States was formally published. This doc.u.ment, done "by the Unanimous Consent of the States present," was sent to the Governor or Legislature of each State with the understanding that its ratification by nine States would be required before it was proclaimed the law of the land.

In his diary for Monday, the seventeenth of September, 1787, Was.h.i.+ngton makes this entry:

Met in Convention, when the Const.i.tution received the unanimous consent of 11 States and Colo. Hamilton's from New York [the only delegate from thence in Convention], and was subscribed to by every member present, except Governor Randolph and Colo. Mason from Virginia, & Mr. Gerry from Ma.s.sachusetts.

The business being thus closed, the members adjourned to the City Tavern, dined together, and took a cordial leave of each other.

After which I returned to my lodgings, did some business with, and received the papers from the Secretary of the Convention, and retired to meditate on the momentous wk. which had been executed, after not less than five, for a large part of the time six and sometimes 7 hours sitting every day, [except] Sundays & the ten days adjournment to give a Comee. [Committee] opportunity & time to arrange the business for more than four months.[1]

[Footnote 1: Ford, XI, 155.]

One likes to think of Was.h.i.+ngton presiding over that Convention for more than four months, seeing one suggestion after another brought forward and debated until finally disposed of, he saying little except to enforce the rules of parliamentary debate. No doubt his asides (and part of his conversation) frankly gave his opinion as to each measure, because he never disguised his thoughts and he seems to have voted when the ballots were taken--a practice unusual to modern presiding officers except in case of a tie. His summing-up of the Const.i.tution, which he wrote on the day after the adjournment in a hurried letter to Lafayette, is given briefly in these lines:

It is the result of four months' deliberation. It is now a child of fortune, to be fostered by some and buffeted by others. What will be the general opinion, or the reception of it, is not for me to decide; nor shall I say anything for or against it. If it be good, I suppose it will work its way; if bad, it will recoil on the framers.

A month later, in the seclusion of Mount Vernon, he spread the same news before his friend General Knox:

... The Const.i.tution is now before the judgment-seat. It has, as was expected, its adversaries and supporters. Which will preponderate is yet to be decided. The former more than probably will be most active, as the major part of them will, it is to be feared, be governed by sinister and self-important motives, to which everything in their b.r.e.a.s.t.s must yield....

The other cla.s.s, he said, would probably ask itself whether the Const.i.tution now submitted was not better than the inadequate and precarious government under which they had been living. If there were defects, as doubtless there were, did it not provide means for amending them? Then he concludes with a gleam of optimism:

... Is it not likely that real defects will be as readily discovered after as before trial? and will not our successors be as ready to apply the remedy as ourselves, if occasion should require it? To think otherwise will, in my judgment, be ascribing more of the amor patriae, more wisdom and more virtue to ourselves, than I think we deserve.[1]

[Footnote 1: Ford, XI, 173.]

Nearly five months later, February 7, 1788, he wrote Lafayette what we may consider a more deliberate opinion:

As to my sentiments with respect to the merits of the new const.i.tution, I will disclose them without reserve, (although by pa.s.sing through the post-office they should become known to all the world,) for in truth I have nothing to conceal on that subject. It appears to me, then, little short of a miracle, that the delegates from so many different States (which States you know are also different from each other), in their manners, circ.u.mstances, and prejudices, should unite in forming a system of national government, so little liable to well-founded objections.

Nor am I yet such an enthusiastic, partial, or indiscriminating admirer of it, as not to perceive it is tinctured with some real (though not radical) defects. The limits of a letter would not suffer me to go fully into an examination of them; nor would the discussion be entertaining or profitable. I therefore forbear to touch upon it. With regard to the two great points (the pivots upon which the whole machine must move), my creed is simply,

1st. That the general government is not invested with more powers, than are indispensably necessary to perform the functions of a good government; and consequently, that no objection ought to be made against the quant.i.ty of power delegated to it.

2nd. That these powers (as the appointment of all rulers will for ever arise from, and at short, stated intervals recur to, the free suffrage of the people), are so distributed among the legislative, executive, and judicial branches, into which the general government is arranged, that it can never be in danger of degenerating into a monarchy, an oligarchy, an aristocracy, or any other despotic or oppressive form, so long as there shall remain any virtue in the body of the people.

I would not be understood, my dear Marquis, to speak of consequences, which may be produced in the revolution of ages, by corruption of morals, profligacy of manners and listlessness for the preservation of the natural and unalienable rights of mankind, nor of the successful usurpations, that may be established at such an unpropitious juncture upon the ruins of liberty, however providently guarded and secured; as these are contingencies against which no human prudence can effectually provide. It will at least be a recommendation to the proposed const.i.tution, that it is provided with more checks and barriers against the introduction of tyranny, and those of a nature less liable to be surmounted, than any government hitherto inst.i.tuted among mortals hath possessed. We are not to expect perfection in this world; but mankind, in modern times, have apparently made some progress in the science of government. Should that which is now offered to the people of America, be found on experiment less perfect than it can be made, a const.i.tutional door is left open for its amelioration.[1]

[Footnote 1: Ford, XI, 218-21.]

Thus was accomplished the American Const.i.tution. Gladstone has said of it in well-known words that, just "as the British Const.i.tution is the most subtle organism which has proceeded from the womb and the long gestation of progressive history, so the American Const.i.tution is so far as I can see the most wonderful work ever struck off at a given time by the brain and purpose of man."[1] Note that Gladstone does not name a single or an individual man, which would have been wholly untrue, for the American Const.i.tution was struck off by the wisdom and foresight of fifty-five men collectively. There were among them two or three who might be called transcendent men. It gained its peculiar value from the fact that it represents the composite of many divergent opinions and different characters.

[Footnote 1: W.E. Gladstone, _North American Review_, September, 1878.]

Just before the members broke up at their final meeting in Independence Hall, Benjamin Franklin amused them with a characteristic bit of raillery. On the back of the President's black chair, a half sun was carved and emblazoned. "During all these weeks," said Franklin, "I have often wondered whether that sun was rising or setting. I know now that it is a rising sun."

The first State to ratify the Const.i.tution was Delaware, on December 6, 1787. Pennsylvania followed on December 12th, and New Jersey on December 18th. Ratifications continued without haste until New Hamps.h.i.+re, the ninth State, signed on June 21, 1788. Four days later, Virginia, a very important State, ratified. New York, which had been Anti-Federalist throughout, joined the majority on July 26th. North Carolina waited until November 21st, and little Rhode Island, the last State of all, did not come in until May 29, 1790. But, as the adherence of nine States sufficed, the affirmative action of New Hamps.h.i.+re on June 21, 1788, const.i.tuted the legal beginning of the United States of America.

No test could be more winnowing than that to which the Const.i.tution was subjected during more than eighteen months before its adoption. In each State, in each section, its friends and enemies discussed it at meetings and in private gatherings. In New York, for instance, it was only the persistence of Alexander Hamilton and his unfailing oratory, unmatched until then in this country, that routed the Anti-Federalists at Poughkeepsie and caused the victory of the Federalists in the State. In Virginia, Patrick Henry, who had said on the eve of the Revolution, "I am not a Virginian, but an American," still held out.

Nevertheless, the more the people of the country discussed the matter, the surer was their conviction that Was.h.i.+ngton was right when he intimated that they must prefer the new Const.i.tution unless they could show reason for supposing that the anarchy towards which the old order was swiftly driving them was preferable.

During the autumn of 1788 peaceful electioneering went on throughout the country. Among the last acts of that thin wraith, the Continental Congress, was a decree that Presidential Electors should be chosen on the first Wednesday of January, 1789; that they should vote for President on the first Wednesday in February, and that the new Congress should meet on the first Wednesday in March. The State of New York, where Anti-Federalists swarmed, did not follow the decree--with the result that that State, which had been behindhand in signing the Declaration of Independence, failed through the intrigues of the Anti-Federalists to choose electors, and so had no part in the choice of Was.h.i.+ngton as President of the United States. The other ten States performed their duty on time. They elected Was.h.i.+ngton President by a unanimous vote of sixty-nine out of sixty-nine votes cast.

The Vice-Presidential contest was perplexing, there being many candidates who received only a few votes each. Many persons thought that it would be fitting that Samuel Adams, the father of the Revolution, should be chosen to serve with Was.h.i.+ngton, the father of his country; but too many remembered that he had been hostile to the Federalists until almost the end of the preliminary canva.s.s and so they did not think that he ought to be chosen. The successful man was John Adams, who had been a robust Patriot from the beginning and had served honorably and devotedly in every position which he had held since 1775.

On April 14th Was.h.i.+ngton's election was notified to him, and on the 16th he bade farewell to Mount Vernon, where he had hoped to pa.s.s the rest of his days in peace and home duties and agriculture, and he rode in what proved to be a triumphal march to New York. That city was chosen the capital of the new Nation. Streams of enthusiastic and joyous citizens met and acclaimed him at every town through which he pa.s.sed. At Trenton a party of thirteen young girls decked out in muslin and wreaths represented the thirteen States, and perhaps brought to his mind the contrast between that day and thirteen years before when he crossed the Delaware on boats amid floating cakes of ice and the pelting of sleet and rain. On April 23d he entered New York City. A week later at noon a military escort attended him from his lodging to Federal Hall at the corner of Wall and Na.s.sau Streets, where a vast crowd awaited him. Was.h.i.+ngton stood on a balcony. All could witness the ceremony. The Secretary of the Senate bore a Bible upon a velvet cus.h.i.+on, and Chancellor Livingston administered the oath of office. Was.h.i.+ngton's head was still bowed when Livingston shouted: "Long live George Was.h.i.+ngton, President of the United States!" The crowds took up the cheer, which spread to many parts of the city and was repeated in all parts of the United States.

CHAPTER IX

THE FIRST AMERICAN PRESIDENT