Part 12 (2/2)

The only other power with which the United States desired commercial relations without possessing them was Spain. The Eastern States were very anxious to obtain privileges of trade. The Spanish were willing to grant them, but made it a condition that the Americans should not have the right of free navigation of the lower Mississippi. Jay, acting under the instruction of Congress, in 1786 negotiated a treaty in which he agreed to the Spanish conditions. Instantly the West was aroused, and violent threats were made by the people of Kentucky and the adjacent region that if that treaty went into effect they would withdraw from the Union. ”The tendency of the States,” said Madison, a few months later, ”to violations of the laws of nations and treaties ... has been manifest.... The files of Congress contain complaints already from almost every nation with which treaties have been formed.”

57. DISINTEGRATION OF THE UNION (1786, 1787).

[Sidenote: The Confederation violated.]

[Sidenote: Danger of anarchy.]

The year 1786 marks a crisis in the development of the Union. The inefficiency of Congress was reflected in the neglect of const.i.tutional duties by the States: Rhode Island recalled her delegates, and refused to appoint new members; New Jersey felt so much injured by a New York tariff that an act was pa.s.sed taxing the lighthouse established by New York on Sandy Hook; Ma.s.sachusetts, Pennsylvania, North Carolina, and Georgia already had raised troops on their own account and for their own purposes, in violation of the Articles of Confederation. Davie, of North Carolina, a little later declared that the ”encroachments of some States on the rights of others, and of all on those of the Confederation, are incontestable proofs of the weakness and imperfections of that system.” Of the requisition of that year for $2,000,000 in specie, only about $400,000 was paid. Some States offered their own depreciated notes, and New Jersey refused to make any contribution until the offensive New York Acts were withdrawn. In May, 1786, Charles Pinckney on the floor of Congress declared that ”Congress must be invested with more powers, or the federal government must fall.”

58. REORGANIZATION ATTEMPTED (1781-1787).

[Sidenote: Five percent scheme.]

[Sidenote: Revenue scheme.]

Before the Articles of Confederation had gone into effect, Congress had already proposed a radical amendment; and within three years it suggested two others. The first proposition, made February 3, 1781, was that the States allow Congress to levy an import duty of five per cent, the proceeds to be applied ”to the discharge of the princ.i.p.al and interest of the debts already contracted ... on the faith of the United States for supporting the present war.” In the course of about a year twelve States had complied with this reasonable request. Rhode Island alone stood out, and the plan failed. Forthwith Congress presented another financial scheme, which was called a ”general revenue plan.” April 12, 1783, it asked the States to allow Congress to lay low specific import duties for twenty-five years, to be collected by officers appointed by the States.

The States were further recommended to lay some effective taxes, the proceeds to be set aside for government requisitions. The effect was precisely the same as before. Twelve States agreed; but the opposition of New York prevented the first part of the plan from being carried out. Not a single State had condescended to pay attention to the second request.

[Sidenote: Commerce amendment.]

Apparently abandoning any hope of an adequate revenue, Congress, on April 30, 1784, proposed a third amendment, that the States should permit it to pa.s.s commercial laws discriminating against foreign powers which refused to make commercial treaties. This was aimed at Great Britain. Was.h.i.+ngton urged the measure in vigorous language. ”We are,” said he, ”either a united people, or we are not so. If the former, let us in all matters of national concern act as a nation which has a national character to support.” Yet he could not bring even Virginia to agree to the plan, and it quickly failed.

[Sidenote: Schemes of revision.]

A poor const.i.tution, which could be amended only by unanimous vote, was likely to stifle the nation. A few feeble suggestions were heard that the experiment of republican government be given over; others urged that the Americans be brought within one centralized government. Alexander Hamilton would have established a government ”controlling the internal police of the States, and having a federal judiciary.” Upon the last of his three schemes, dated 1783, is written: ”Intended to be submitted to Congress, but abandoned for want of support.” Even Was.h.i.+ngton's vastly greater influence had no effect. In a circular letter to the governors, dated June, 1783, he says: ”It is indispensable to the happiness of the individual States that there should be lodged somewhere a supreme power to regulate and govern the general concerns of the confederated republic.”

Yet not a State would take the initiative in reforming the const.i.tution.

From 1784 to 1786 pamphlets began to appear in which more definite suggestions were made for a new government. Pelatiah Webster proposed a government with enlarged powers, and a legislature of two houses. ”If they disagree,” said he, ”let them sit still until they recover their good humor.” The method in which the new government was to enforce its powers was put in a quaint and incisive form. ”My principle is,” said Webster, ”the soul that sinneth, it shall die. Every person ... who shall disobey the supreme authority shall be answerable to Congress.” The idea that the const.i.tution needed radical amendment had at last found a lodgment in the public mind.

CHAPTER VI.

THE FEDERAL CONSt.i.tUTION (1787-1789).

59. REFERENCES.

BIBLIOGRAPHIES.--P. L. Ford, _Bibliography and Reference List of the Const.i.tution_; Justin Winsor, _Narrative and Critical History_, VII.

256-266; W. E. Foster, _References to the Const.i.tution_, 15, 21; Channing and Hart, _Guide_, ---- 154-156; A. B. Hart, _Federal Government_, ---- 38, 469.

HISTORICAL MAPS.--As in -- 48 above, -- 69 below.

GENERAL ACCOUNTS.--J. B. McMaster, _People of the United States_, I.

416-524; R. Hildreth, _United States_, III. 482-546; T. Pitkin, _United States_, II. 218-316; H. C. Lodge, _Was.h.i.+ngton_, II. ch. I.; J. Story, _Commentaries_, ---- 272-372; J. Schouler, _United States_, I. 31-70; Geo.

Tucker, _United States_, I. 347-383; Justin Winsor, _Narrative and Critical History_, VII. ch. iv.; H. Von Hoist, _Const.i.tutional History_, I. 47-63; J. S. Landon, _Const.i.tutional History_, 59-96; F. A. Walker, _Making of the Nation_, chs. ii., iii.

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