Part 16 (2/2)

After a week's debate on the question whether the bank was authorized by the Const.i.tution, it pa.s.sed the House by a vote of 39 to 20, and was sent to the President. He called for the opinions of the members of his cabinet in writing, and the answers submitted by Hamilton and Jefferson are still among the most important doc.u.ments on the construction of the Const.i.tution. Jefferson's standpoint was simply that, since the Const.i.tution nowhere expressly authorized the creation of a bank, Congress had gone beyond its powers. Hamilton a.s.serted that if the bank were ”necessary and proper to carry out any of the specific powers, such as taxation and the borrowing of money, then Congress might create a bank, or any other public inst.i.tution, to serve its ends.” The President accepted Hamilton's view, and the act was signed. The capital of the bank was speedily subscribed, and it immediately entered on a prosperous and useful career.

79. SLAVERY QUESTIONS (1789-1798).

[Sidenote: Anti-slavery memorials.]

The question of the extent of the powers of Congress had already once been raised. On February 11 and 12, 1790, there were presented to Congress two memorials, the one the ”Address of the People called Quakers, in their Annual a.s.sembly convened;” the other the ”Memorial of the Pennsylvania Society for Promoting the Abolition of Slavery.” These memorials asked Congress to ”exert upright endeavors, to the full extent of your power, to remove every obstruction to public righteousness,” particularly in the matter of slavery. The motion to commit instantly roused Southern members.

Jackson of Georgia said that ”any extraordinary attention of Congress to the pet.i.tion would hold their property in jeopardy.” The matter was sent to a subcommittee, composed chiefly of Southern members. On March 8th that committee reported the principles under which Congress acted during the next seventy years. They said that Congress had no power to interfere with slavery or the treatment of slaves within the States; they might pa.s.s laws regulating the slave-trade, but could not then stop the importation of slaves from foreign countries into the United States. Another resolution, to the effect that Congress would exercise its powers for the humane principles of the memorial, was struck out by the House. The anti-slavery organizations from which these memorials had proceeded kept up a brisk fusillade of pet.i.tions. In some cases the House refused to receive them, but Congress did pa.s.s several laws reducing the evils of the slave-trade.

[Sidenote: Fugitive slaves.]

In 1793 the question came up, how fugitive slaves should be restored if they had fled and taken refuge in another State. An act was pa.s.sed by which the United States a.s.sumed authority in the matter; the claimant was simply to satisfy any national or State magistrate that he was ent.i.tled to the person claimed. The act had hardly gone into effect before a fugitive was apprehended in Ma.s.sachusetts. Josiah Quincy, who was employed to defend him, tells us that he ”heard a noise, and turning round he saw the constables lying sprawling on the floor, and a pa.s.sage opening through the crowd, through which the fugitive was taking his departure, without stopping to hear the opinion of the court.” From the very first, therefore, we find in vigorous action the paraphernalia of the later anti- slavery movement,--societies, pet.i.tions, laws, and deliberate violation of laws.

80. THE SUCCESS OF THE NEW GOVERNMENT.

[Sidenote: The government established.]

The end of Was.h.i.+ngton's first administration in March, 1793, saw the government completely organized, and accepted throughout the Union. The distinction between friends and opponents of the Const.i.tution had entirely disappeared. There was no longer any suggestion of substantial amendment.

Two Congresses had gone through their work, and had accustomed the people to a national legislature. The President had made appointments, sent amba.s.sadors, commanded the army, and vetoed bills, and yet there was no fear of a monarchy. The national courts were in regular and undisturbed session. The Union was complete, and two new States, Vermont and Kentucky, had been admitted.

This remarkable success was due in considerable part to the personal influence of a few men. Was.h.i.+ngton's great popularity and his disinterested use of his new powers had taken away a mult.i.tude of fears.

The skill of Hamilton had built up a successful financial system. In Congress Madison had been efficient in working out the details of legislation. Was.h.i.+ngton, with his remarkable judgment of men, had selected an able staff of officials, representing all the sections of the country.

[Sidenote: Prosperity]

Yet, as Was.h.i.+ngton himself had said, ”Influence is not government.” One of the chief elements of the Union's strength was that it pressed lightly upon the people. For the first time in the history of America there was an efficient system of import duties. They were almost the sole form of taxation, and, like all indirect taxes, their burden was not felt. Above all, the commercial benefits of the new Union were seen from North to South. Trade between the States was absolutely unhampered, and a brisk interchange of products went on. The country was prosperous; its s.h.i.+pping increased, and foreign trade was also growing steadily.

[Sidenote: Relations with the States.]

So far the Union had met no violent resistance either from insurgents or from the States. In the Virginia convention of 1788 Patrick Henry had said: ”I never will give up that darling word 'requisitions;' my country may give it up, the majority may wrest it from me, but I never will give it up till my grave.” Nevertheless, when the requisitions on the States were given up, the chief cause of dispute in the Union was removed. Up to this time the only distinctly sectional legislation had been the a.s.sumption of the State debts and the fixing of the national capital; and these two had been set off against each other. If peace continued, there was every prospect of a healthy growth of national spirit.

CHAPTER VIII.

FEDERAL SUPREMACY (1793-1801).

81. REFERENCES.

BIBLIOGRAPHIES.--W. E. Foster, _References to Presidential Administrations_, 1-8; Justin Winsor, _Narrative and Critical History_, VII. 294-314, 319, 320, 329-336, 454-456, 513-519; Channing and Hart, _Guide_, ---- 162, 166.

HISTORICAL MAPS.--Nos. 1, 4, this volume (_Epoch Maps_, Nos. 7, 9); MacCoun, _Historical Geography_; Scribner, _Statistical Atlas_, Plate 13; J. Morse, _American Geography_.

<script>