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<h2>Chapter 18</h2> <h3>Making Of The Constitution, 1787-1789</h3> Weakness of the Confederation. Meeting of the Federal Convention, 1787. 178. Necessity for a New Government.--At this very moment a convention was making a constitution to put an end to the Confederation itself. It was quite clear that something must be done or the states soon would be fighting one another. Attempt after attempt had been made to amend the Articles of Confederation so as to give Congress more power. But every attempt had failed because the consent of every state was required to amend the Articles. And one state or another had objected to every amendment that had been proposed. It was while affairs were in this condition that the Federal Convention met at Philadelphia in May, 1787. James Madison. 179. James Madison.--Of all the members of the Convention, James Madison of Virginia best deserves the title of Father of the Constitution. He drew up the Virginia plan which was adopted as the basis of the new Constitution. He spoke convincingly for the plan in the Convention. He did more than any one else to secure the ratification of the Constitution by Virginia. He kept a careful set of Notes of the debates of the Convention which show us precisely how the Constitution was made. With Alexander Hamilton and John Jay he wrote a series of papers which is called the Federalist and is still the best guide to the Constitution. [Illustration: JAMES MADISON.] Washington President of the Convention. Franklin. 180. Other Fathers of the Constitution.--George Washington was chosen President of the Convention. He made few speeches. But the speeches that he made were very important. And the mere fact that he approved the Constitution had a tremendous influence throughout the country. The oldest man in the Convention was Benjamin Franklin. His long experience in politics and in diplomacy with his natural shrewdness had made him an unrivaled manager of men. From all the states came able men. In fact, with the exception of John Adams, Samuel Adams, Patrick Henry, and Thomas Jefferson, the strongest men in political life were in the Federal Convention. Never in the history of the world have so many great political leaders, learned students of politics, and shrewd business men gathered together. The result of their labors was the most marvelous product of political wisdom that the world has ever seen. [Illustration: THE OLD STATE HOUSE, PHILADELPHIA. Meeting place of the Continental Congress and of the Federal Convention--now called Independence Hall.] The Virginia plan. Pinckney's plan. Vote for a national government. 181. Plans for a National Government.--As soon as the Convention was in working order, Governor Randolph of Virginia presented Madison's plan for a "national" government. Charles Pinckney of South Carolina also brought forward a plan. His scheme was more detailed than was Madison's plan. But, like it, it provided for a government with "supreme legislative, executive, and judicial powers." On May 30 the Convention voted that a "national government ought to be established, consisting of a supreme Legislative, Executive, and Judiciary." It next decided that the legislative department should consist of two houses. But when the delegates began to talk over the details, they began to disagree. The New Jersey plan. 182. Disagreement as to Representation.--The Virginia plan proposed that representation in one branch of the new Congress should be divided among the states according to the amount of money each state paid into the national treasury, or according to the number of the free inhabitants of each state. The Delaware delegates at once said that they must withdraw. In June Governor Patterson of New Jersey brought forward a plan which had been drawn up by the delegates from the smaller states. It is always called, however, the New Jersey plan. It proposed simply to amend the Articles of Confederation so as to give Congress more power. After a long debate the New Jersey plan was rejected. [Illustration: Benjamin Franklin. "He snatched the lightning from Heaven, and the sceptre from tyrants." --TURGOT.] Representation in the House of Representatives. McMaster, 167. Representation in the Senate. 183. The Compromise as to Representation.--The discussion now turned on the question of representation in the two houses of Congress. After a long debate and a good deal of excitement Benjamin Franklin and Roger Sherman proposed a compromise. This was, that members of the House of Representatives should be apportioned among the states according to their population and should be elected directly by the people. In the Senate they proposed that each state, regardless of size, population, or wealth, should have two members. The Senators, representing the states, would fittingly be chosen by the state legislatures. It was agreed that the states should be equally represented in the Senate. But it was difficult to reach a conclusion as to the apportionment of representatives in the House. The federal ratio. 184. Compromise as to Apportionment.--Should the members of the House of Representatives be distributed among the states according to population? At first sight the answer seemed to be perfectly clear. But the real question was, should slaves who had no vote be counted as a part of the population? It was finally agreed that the slaves should be counted at three-fifths of their real number. This rule was called the "federal ratio." The result of this rule was to give the Southern slave states representation in Congress out of all proportion to their voting population. Power of Congress over commerce. Restriction as to slave-trade. 185. Compromise as to the Slave-Trade.--When the subject of the powers to be given to Congress came to be discussed, there was even greater excitement. The Northerners wanted Congress to have power to regulate commerce. But the Southerners opposed it because they feared Congress would use this power to put an end to the slave-trade. John Rutledge of South Carolina even went so far as to say that unless this question was settled in favor of the slaveholders, the slave states would "not be parties to the Union." In the end this matter also was compromised by providing that Congress could not prohibit the slave-trade until 1808. These were the three great compromises. But there were compromises on so many smaller points that we cannot even mention them here. [Illustration: SIGNING OF THE CONSTITUTION, SEPTEMBER 17, 1787. From an early unfinished picture. This shows the arrangement of the room and the sun behind Washington's chair.] Franklin's prophecy. 186. Franklin's Prophecy.--It was with a feeling of real relief that the delegates finally came to the end of their labors. As they were putting their names to the Constitution, Franklin pointed to a rising sun that was painted on the wall behind the presiding officer's chair. He said that painters often found it difficult to show the difference between a rising sun and a setting sun. "I have often and often," said the old statesman, "looked at that behind the President, without being able to tell whether it was rising or setting; but now, at length, I have the happiness to know that it is a rising and not a setting sun." And so indeed it has proved to be. Strength of the Constitution. McMaster, 168-169. 187. The Constitution.--It will be well now to note some of the points in which the new Constitution was unlike the old Articles of Confederation. In the first place, the government of the Confederation had to do only with the states; the new government would deal directly with individuals. For instance, when the old Congress needed money, it called on the states to give it. If a state refused to give any money, Congress could remonstrate--and that was all. The new government could order individuals to pay taxes. Any one who refused to pay his tax would be tried in a United States court and compelled to pay or go to prison. In the second place the old government had almost no executive powers. The new government would have a very strong executive in the person of the President of the United States. Interpretation of the Constitution. John Marshall's decisions. 188. The Supreme Court.--But the greatest difference of all was to be found in the Supreme Court of the United States provided in the Constitution. The new Congress would have very large powers of making laws. But the words defining these powers were very hard to understand. It was the duty of the Supreme Court to say what these words meant. Now the judges of the Supreme Court are very independent. It is almost impossible to remove a judge of this court, and the Constitution provides that his salary cannot be reduced while he holds office. It fell out that under the lead of Chief Justice John Marshall the Supreme Court defined the doubtful words in the Constitution so as to give the greatest amount of power to the Congress of the United States. As the laws of the United States are the supreme laws of the land, it will be seen how important this action of the Supreme Court has been. [Illustration: OPENING LINES OF THE CONSTITUTION.] Opposition to the Constitution. Source-Book, 172-175. 189. Objections to the Constitution.--The great strength of the Constitution alarmed many people. Patrick Henry declared that the government under the new Constitution would be a national government and not a federal government at all. Other persons objected to the Constitution because it took the control of affairs out of the hands of the people. For example, the Senators were to be chosen by the state legislatures, and the President was to be elected in a round-about way by presidential electors. Others objected to the Constitution because there was no Bill of Rights attached to it. They pointed out, for instance, that there was nothing in the Constitution to prevent Congress from passing laws to destroy the freedom of the press. Finally a great many people objected to the Constitution because there was no provision in it reserving to the states or to the people those powers that were not expressly given to the new government. [Illustration: CONSTITUTION OF THE UNITED STATES.] Opponents of the Constitution. The first ten amendments. 190. The First Ten Amendments.--These defects seemed to be so grave that patriots like Patrick Henry, R.H. Lee, Samuel Adams, and John Hancock could not bring themselves to vote for its adoption. Conventions of delegates were elected by the people of the several states to ratify or to reject the Constitution. The excitement was intense. It seemed as if the Constitution would not be adopted. But a way was found out of the difficulty. It was suggested that the conventions should consent to the adoption of the Constitution, but should, at the same time, propose amendments which would do away with many of these objections. This was done. The first Congress under the Constitution and the state legislatures adopted most of these amendments, and they became a part of the Constitution. There were ten amendments in all, and they should be studied as carefully as the Constitution itself is studied. Constitution adopted. Higginson, 216; Source-Book, 175-180. 191. The Constitution Adopted, 1787-88.--In June, 1788, New Hampshire and Virginia adopted the Constitution. They were the ninth and tenth states to take this action. The Constitution provided that it should go into effect when it should be adopted by nine states, that is, of course, it should go into effect only between those states. Preparations were now made for the organization of the new government. But this took some time. Washington was unanimously elected President, and was inaugurated in April, 1789. By that time North Carolina and Rhode Island were the only states which had not adopted the Constitution and come under the "New Roof," as it was called. In a year or two they adopted it also, and the Union of the thirteen original states was complete. <hr style="width: 35%;"> <h2>QUESTIONS AND TOPICS</h2> CHAPTER 17 §§ 168, 169.--a. What were the chief weaknesses of the Confederation? Why did not Congress have any real power? b. How did some states treat other states? Why? §§ 170-173.--a. Explain the distress among the people. b. Describe the attitude of the British government and give some reason for it. c. Why did the value of paper money keep changing? d. What were the "tender laws"? The "stay laws"? e. Give some illustration of how these laws would affect trade. § 174.--a. Describe the troubles in Massachusetts. b. What was the result of this rebellion? §§ 175-178.--a. What common interest did all the states have? b. What did Maryland contend? State carefully the result of Maryland's action. Describe the land cessions. c. How did the holding these lands benefit the United States? d. Give the provisions of the Ordinance of 1787. What was the result of the declaration as to slaves? e. What privileges were the settlers to have? Why is this Ordinance so important? CHAPTER 18 §§ 179-181.--a. What difficulties in the United States showed the necessity of a stronger government? b. How could the Articles of Confederation be amended? c. What was the important work of Madison? d. What was the advantage of having Washington act as President of the Convention? §§ 182, 183.--a. Explain fully the provisions of the Virginia plan. What departments were decided upon? b. Why did New Jersey and Delaware oppose the Virginia plan? What were the great objections to the New Jersey plan? §§ 184-186.--a. What is a compromise? What are the three great compromises of the Constitution? b. Explain the compromise as to representation. What does the Senate represent? What the House? c. Define apportionment. What do you think of the wisdom of the compromise as to apportionment? What of its justice? d. Why was there a conflict over the clause as to commerce? How was the matter settled? §§ 187-189.--a. What events at first seemed to disprove Franklin's prophecy? b. Compare the Constitution with the Articles of Confederation and show in what respects the Constitution was much stronger. c. Explain how the new government could control individuals. d. What were some of the duties of the President? Of Congress? Of the Supreme Court? §§ 190-192.--a. What is the difference between a national and a federal government? Was Henry's criticism true? b. Study the first ten amendments and state how far they met the objections of those opposed to the Constitution. c. Repeat the Tenth Amendment from memory. d. How was the Constitution ratified? e. How did the choice of Washington as first President influence popular feeling toward the new government? GENERAL QUESTIONS a. Why should the people have shown loyalty to the states rather than to the United States? b. Analyze the Constitution as follows:-- <blockquote> <table border="1" cellpadding="10" summary=""> <tr> <th> </th> <th>EXECUTIVE.</th> <th>LEGISLATIVE.</th> <th>JUDICIARY.</th> </tr> <tr> <td>Method of Appointment or Election</td> <td> </td> <td> </td> <td> </td> </tr> <tr> <td>Term of Office.</td> <td> </td> <td> </td> <td> </td> </tr> <tr> <td>Duties and Powers.</td> <td> </td> <td> </td> <td> </td> </tr> </table> </blockquote> TOPICS FOR SPECIAL WORK The career of any one man prominent in the Convention, as Madison, Hamilton, Franklin, Washington, Robert Morris, etc. Write a brief biography. SUGGESTIONS TO THE TEACHER This period should be taught very slowly and very thoroughly, as it demands much more time than any of the earlier periods. A clear understanding of the Constitution is of the most practical value, not merely to enable one to comprehend the later history, but also to enable one to understand present duties. Note carefully the "federal ratio" and the functions of the Supreme Court. Use the text of the Constitution and emphasize especially those portions of importance in the later history. This work is difficult. It should therefore be most fully illustrated from recent political struggles. Let the children represent characters in the Convention and discuss the various plans proposed. Encourage them also to suggest transactions which might represent the working of the tender laws, the commercial warfare between the states, the "federal ratio" etc. Especially study the first ten amendments and show how they limit the power of the general government to-day. <ANTIMG src="images/172.jpg" width-obs="100%" alt=""> TERRITORIAL ACQUISITIONS 1783-1853. <hr style="width: 35%;"> <h2>VII</h2> <h3>THE FEDERALIST SUPREMACY, 1789-1801</h3> <h4>Books for Study and Reading</h4> References.--Higginson's Larger History, 309-344; Eggleston's United States and its People ch. xxxiv (the people in 1790); McMaster's School History, ch. xiv (the people in 1790). Home Readings.--Drake's Making of the West; Scribner's Popular History, IV; Coffin's Building the Nation; Bolton's Famous Americans; Holmes's Ode on Washington's Birthday; Seawell's Little Jarvis. <hr style="width: 35%;"> <h2>CHAPTER 19</h2> <h3>ORGANIZATION OF THE GOVERNMENT</h3> The first way of electing President. Constitution, Art. II, §I; McMaster, 170-171. Washington and Adams. 192. Washington elected President.--In the early years under the Constitution the Presidents and Vice-Presidents were elected in the following manner. First each state chose presidential electors usually by vote of its legislature. Then the electors of each state came together and voted for two persons without saying which of the two should be President. When all the electoral votes were counted, the person having the largest number, provided that was more than half of the whole number of electoral votes, was declared President. The person having the next largest number became Vice-President. At the first election every elector voted for Washington. John Adams received the next largest number of votes and became Vice-President. [Illustration: FEDERAL HALL, 1797. Washington took the oath of office on the balcony.] Washington's journey to New York. Higginson, 217-218. 193. Washington's Journey to New York.--At ten o'clock in the morning of April 14, 1789, Washington left Mt. Vernon and set out for New York. Wherever he passed the people poured forth to greet him. At Trenton, New Jersey, a triumphal arch had been erected. The school girls strewed flowers in his path and sang an ode written for the occasion. A barge manned by thirteen pilots met him at the water's edge and bore him safely to New York. Washington inaugurated President, 1789. Source-Book, 181-183. The oath of office. 194. The First Inauguration, April 30, 1789.--Long before the time set for the inauguration ceremonies, the streets around Federal Hall were closely packed with sightseers. Washington in a suit of velvet with white silk stockings came out on the balcony and took the oath of office ordered in the Constitution, "I will faithfully execute the office of President of the United States, and will to the best of my Ability preserve, protect, and defend the Constitution of the United States." Cannon roared forth a salute and Chancellor Livingston turning to the people proclaimed, "Long live George Washington, President of the United States." Reëntering the hall Washington read a simple and solemn address. Jefferson, Secretary of State. Hamilton, Secretary of the Treasury. Eggleston, 215. Knox, Secretary of War. Randolph, Attorney-General. 195. The First Cabinet.--Washington appointed Thomas Jefferson Secretary of State. Since writing the Great Declaration, Jefferson had been governor of Virginia and American minister at Paris. The Secretary of the Treasury was Alexander Hamilton. Born in the British West Indies, he had come to New York to attend King's College, now Columbia University. For Secretary of War, Washington selected Henry Knox. He had been Chief of Artillery during the Revolution. Since then he had been head of the War Department. Edward Randolph became Attorney General. He had introduced the Virginia plan of union into the Federal Convention. But he had not signed the Constitution in its final form. These four officers formed the Cabinet. There was also a Postmaster General. But his office was of slight importance at the time. [Illustration: WASHINGTON'S WRITING-TABLE] Federal Officers. Jay, Chief Justice. 196. Appointments to Office.--The President now appointed the necessary officers to execute the national laws. These were mostly men who had been prominent in the Revolutionary War. For instance, John Jay (p. 126) was appointed Chief Justice of the Supreme Court, and General Lincoln (p. 134) was appointed Collector of Customs at Boston. It was in having officers of its own to carry out its laws, that the new government seemed to the people to be so unlike the old government. Formerly if Congress wanted anything done, it called on the states to do it. Now Congress, by law, authorized the United States officials to do their tasks. The difference was a very great one, and it took the people some time to realize what a great change had been made. Titles. Higginson, 222. 197. The Question of Titles.--The first fiercely contested debate in the new Congress was over the question of titles. John Adams, the Vice-President and the presiding officer of the Senate, began the conflict by asking the Senate how he should address the President. One senator suggested that the President should be entitled "His Patriotic Majesty." Other senators proposed that he should be addressed as "Your Highness, the President of the United States and Protector of their Liberties." Fortunately, the House of Representatives had the first chance to address Washington and simply called him "Mr. President of the United States." Ceremonies. Higginson, 222-224. Monarchical appearances. 198. Ceremonies and Progresses.--Washington liked a good deal of ceremony and was stiff and aristocratic. He soon gave receptions or "levees" as they were called. To these only persons who had tickets were admitted. Washington stood on one side of the room and bowed stiffly to each guest as he was announced. When all were assembled, the entrance doors were closed. The President then slowly walked around the room, saying something pleasant to each person. In 1789 he made a journey through New England. Everywhere he was received by guards of honor, and was splendidly entertained. At one place an old man greeted him with "God bless Your Majesty." This was all natural enough, for Washington was "first in the hearts of his countrymen." But many good men were afraid that the new government would really turn out to be a monarchy. Struggle over protection, 1789. Source-Book, 183-186. 199. First Tariff Act, 1789.--The first important business that Congress took in hand was a bill for raising revenue, and a lively debate began. Representatives from New England and the Middle states wanted protection for their commerce and their struggling manufactures. Representatives from the Southern states opposed all protective duties as harmful to agriculture, which was the only important pursuit of the Southerners. But the Southerners would have been glad to have a duty placed on hemp. This the New Englanders opposed because it would increase the cost of rigging ships. The Pennsylvanians were eager for a duty on iron and steel. But the New Englanders opposed this duty because it would add to the cost of building a ship, and the Southerners opposed it because it would increase the cost of agricultural tools. And so it was as to nearly every duty that was proposed. But duties must be laid, and the only thing that could be done was to compromise in every direction. Each section got something that it wanted, gave up a great deal that it wanted, and agreed to something that it did not want at all. And so it has been with every tariff act from that day to this. The first census. Extent of the United States, 1791. Population of the United States, 1791. 200. The First Census, 1791.--The Constitution provided that representatives should be distributed among the states according to population as modified by the federal ratio (p. 142). To do this it was necessary to find out how many people there were in each state. In 1791 the first census was taken. By that time both North Carolina and Rhode Island had joined the Union, and Vermont had been admitted as the fourteenth state. It appeared that there were nearly four million people in the United States, or not as many as one hundred years later lived around the shores of New York harbor. There were then about seven hundred thousand slaves in the country. Of these only fifty thousand were in the states north of Maryland. The country, therefore, was already divided into two sections: one where slavery was of little importance, and another where it was of great importance. Vermont admitted, 1791. Higginson 229. Kentucky admitted, 1792. Higginson, 224-230. 201. New States.--The first new state to be admitted to the Union was Vermont (1791). The land which formed this state was claimed by New Hampshire and by New York. But during the Revolution the Green Mountain Boys had declared themselves independent and had drawn up a constitution. They now applied to Congress for admission to the Union as a separate state. The next year Kentucky came into the Union. This was originally a part of Virginia, and the colonists had brought their slaves with them to their new homes. Kentucky, therefore, was a slave state. Vermont was a free state, and its constitution forbade slavery. [Illustration: CENTER OF POPULATION] Origin of the National Debt. For details, see McMaster, 198-200. Bonds. 202. The National Debt.--The National Debt was the price of independence. During the war Congress had been too poor to pay gold and silver for what it needed to carry on the war. So it had given promises to pay at some future time. These promises to pay were called by various names as bonds, certificates of indebtedness, and paper money. Taken all together they formed what was called the Domestic Debt, because it was owed to persons living in the United States. There was also a Foreign Debt. This was owed to the King of France and to other foreigners who had lent money to the United States. Hamilton as a financier. His plan. Objections to it. 203. Hamilton's Financial Policy.--Alexander Hamilton was the ablest Secretary of the Treasury the United States has ever had. To give people confidence in the new government, he proposed to redeem the old certificates and bonds, dollar for dollar, in new bonds. To this plan there was violent objection. Most of the original holders of the certificates and bonds had sold them long ago. They were now mainly held by speculators who had paid about thirty or forty cents for each dollar. Why should the speculator get one dollar for that which had cost him only thirty or forty cents? Hamilton insisted that his plan was the only way to place the public credit on a firm foundation, and it was finally adopted. [Illustration: ALEXANDER HAMILTON. "He smote the rock of the national resources and abundant streams of revenue gushed forth. He touched the dead corpse of the public credit and it sprang upon its feet."--WEBSTER.] The state debts. Source-Book, 186-188. Hamilton's plan of assumption. Objections to it. Failure of the bill. 204. Assumption of State Debts.--A further part of Hamilton's original scheme aroused even greater opposition. During the Revolutionary War the states, too, had become heavily in debt. They had furnished soldiers and supplies to Congress. Some of them had undertaken expeditions at their own expense. Virginia, for example, had borne all the cost of Clark's conquest of the Northwest (p. 116). She had later ceded nearly all her rights in the conquered territory to the United States (p. 135). These debts had been incurred for the benefit of the people as a whole. Would it not then be fair for the people of the United States as a whole to pay them? Hamilton thought that it would. It chanced, however, that the Northern states had much larger debts than had the Southern states. One result of Hamilton's scheme would be to relieve the Northern states of a part of their burdens and to increase the burdens of the Southern states. The Southerners, therefore, were strongly opposed to the plan. The North Carolina representatives reached New York just in time to vote against it, and that part of Hamilton's plan was defeated. [Illustration: AN OLD STAGECOACH. The house was built in Lincoln County, Kentucky, in 1783.] Question of the site of the national capital. Jefferson and Hamilton. The District of Columbia. 205. The National Capital.--In these days of fast express trains it makes little difference whether one is going to Philadelphia or to Baltimore--only a few hours more or less in a comfortable railroad car. But in 1791 it made a great deal of difference whether one were going to Philadelphia or to Baltimore. Traveling was especially hard in the South. There were few roads or taverns in that part of the country, and those few were bad. The Southerners were anxious to have the national capital as far south as possible. They were also opposed to the assumption of the state debts by the national government. Now it happened that the Northerners were in favor of the assumption of the debts and did not care very much where the national capital might be. In the end Jefferson and Hamilton made "a deal," the first of its kind in our history. Enough Southerners voted for the assumption bill to pass it. The Northerners, on their part, agreed that the temporary seat of government should be at Philadelphia, and the permanent seat of government on the Potomac. Virginia and Maryland at once ceded enough land to form a "federal district." This was called the District of Columbia. Soon preparations were begun to build a capital city there--the city of Washington. [Illustration: A LADY OF THE "REPUBLICAN COURT."] Hamilton's plan for a United States bank. McMaster, 201. Jefferson's argument against it. The bank established. 206. The First Bank of the United States.--Two parts of Hamilton's plan were now adopted. To the third part of his scheme there was even more opposition. This was the establishment of a great Bank of the United States. The government in 1790 had no place in which to keep its money. Instead of establishing government treasuries, Hamilton wanted a great national bank, controlled by the government. This bank could establish branches in important cities. The government's money could be deposited at any of these branches and could be paid out by checks sent from the Treasury. Furthermore, people could buy a part of the stock of the bank with the new bonds of the United States. This would make people more eager to own the bonds, and so would increase their price. For all these reasons Hamilton thought the bank would be very useful, and therefore "necessary and proper" for the carrying out of the powers given by the Constitution to the national government. Jefferson, however, thought that the words "necessary and proper" meant necessary and not useful. The bank was not necessary according to the ordinary use of the word. Congress therefore had no business to establish it. After thinking the matter over, Washington signed the bill and it became a law. But Jefferson had sounded the alarm. Many persons agreed with him, many others agreed with Hamilton. Two great political parties were formed and began the contest for power that has been going on ever since. <hr style="width: 35%;"> <div style="break-after:column;"></div>

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