even paying the interest, or for regulating the paper-money. And now, when the people saw that the peace by no means ended all their sufferings, they became turbulent; and this, in some parts of the country, as for instance in Massachusetts and New Hampshire, resulted in lamentable commotions. All able and clear-sighted men came gradually to the conviction, that a principal cause of these evils and sufferings lay in the constitution of the Union, in the Act of Confederation of the 9th of July, 1778.

With regard to this John Adams wrote: "If the union of the states be not preserved, and even their unity in many great points, instead of being the happiest people under the sun, I do not know but we may be the most miserable." And Washington said to Jefferson: "I would willingly assist in averting the contemptible figure which the American communities are about to make in the annals of mankind, with their separate, independent, jealous state sovereignties."*

Each state (as we shall show more particularly in the sequel) had in general a governor and two legislative chambers, who but too often thought only of themselves and their immediate vicinity, and regarded as a loss all that an individual state sacrificed to the whole. Consequently there was every where a want of order, harmony, and union: so many states, so many systems of finance or attempts at regulating taxes, duties, and trade,— and all opposed to one another, and rendering any judicious management of the whole impossible. The imperfect federal constitution never fulfilled its objects; the independence which had been won by union threatened to turn into dissension, and the confederation to fall powerless to pieces. The new dangers of peace were as great as the former ones of war; and besides bravery, there was now needed above all justice and moderation.

The federal constitution of 1778 declares that all the colonies shall form a federal republic, in which each state shall retain all those rights, laws, jurisdictions, regulations, &c., which are not expressly altered or delegated to the Congress of all the states. They shall defend themselves in common against every power, and establish between themselves freedom of intercourse and of settlement. Each state shall send from two to seven delegates to Congress; where, however, it shall have but one vote, thus giving thirteen votes to the thirteen states. As a general rule, the majority of votes shall determine; but nine votes are requisite to decide with respect to declaring war, making peace, forming treaties, raising land or sea forces, regulating income and expenditure, &c. All expenses for the general welfare shall be *Sparks's Diplom. Correspondence, vii. 100. Encyclop. Americana, art. Washington.

defrayed out of a common treasury, which shall be supplied by the several states in proportion to the value of the lands and other real estate within each state. Disputes between states shall be decided by Congress according to certain specific regulations. When Congress is not assembled, the general affairs shall be managed by a committee of thirteen delegates, one from each

state.

The above are the most important provisions, omitting many other points of less consequence. This constitution, with only one chamber, absurdly conferred as many rights on the smallest as on the largest states; placed no checks on partial tendencies and hasty counsels; and lastly, gave no power to execute the treaties that might be formed, to collect the taxes that might be levied, to regulate trade and customs, to found public credit, to pay debts, &c. Those estimable men, Hamilton, Madison, and Jay, who wrote the series of papers called the Federalist, and who essentially contributed to the formation and adoption of the new Constitution, say, in speaking of the then state of affairs: "It may with propriety be asserted that the United States have reached the lowest stage of national humiliation. All that can wound the pride or degrade the character of a people, we have experienced. Engagements, to the performance of which we are held by every tie respectable among men, are constantly violated without shame. We have contracted debts to foreigners and to our own citizens, for the preservation of our political existence; and yet no provision has been made for their discharge. A foreign power (England) retains in its possession valuable territories and important posts, to the prejudice of our rights and interests, and contrary to express stipulations. We, however, are not in a condition to resent or to repel these aggressions; for we have neither troops, treasury, nor government," &c.-After depicting thus at length the lamentable state of the country, the writer concludes with these words: "In short, what indication is there of national disorder, poverty, and insignificance, that could befall a community so peculiarly blessed with natural advantages as we are, which does not form a part of the dark catalogue of our public misfortunes ?"* The condition of things is described in a perfectly similar strain by President Adams, in his inaugural address: "Negligence of the regulations of Congress, inattention to its recommendations, if not disobedience to its authority, not only in individuals but in states, soon appeared with their melancholy consequences: universal languor; jealousies and rivalries of states; decline of navigation and commerce; discouragement of necessary manufactures; universal fall in the value of lands and their produce; contempt of public

* Federalist, No. XV., Alexander Hamilton.

and private faith; loss of consideration and credit with foreign nations; and at length discontents, animosities, combinations, partial conventions, and insurrections, threatening some great national calamity."*

The extent and magnitude of this evil were such that it could neither be mistaken nor denied; and the impossibility of longer pursuing the erroneous path hitherto trodden, created additional confidence in the noble men who wished to give to their country a new and more suitable constitution. Washington was placed at their head; and the services which he rendered in this difficult task, by his mildness, prudence, moderation, firmness, and wisdom, were by no means inferior to his former warlike exploits. Indeed the American statesmen of that period have raised to themselves in the new Constitution, adopted March, 1787, a monument of imperishable renown. This Constitution has endured and stood its ground through circumstances the most varied, perplexing, and dangerous, and has wonderfully aided and prospered a great people in its rapid development; while numberless other constitutions, projected in empty pride, have perished after a brief existence, hurling with them the mistaken nations and statesmen to destruction.

Washington was unanimously chosen president of the new and renovated republic. His journey from Mount Vernon to Philadelphia was an unbroken triumphal procession, prepared for him not by vanity, compulsion, or fear, but by sincere gratitude, profound respect, and ardent love. This second founding of the state, this call to the head of a people recent in origin but sensible of true greatness, the modest and unsurpassed merit of Washington, and his solemn oath to support and maintain the Constitution, form one of the brightest and most truly delightful pictures in modern history. "The propitious smiles of heaven," said Washington in his inaugural address, "can never be expected on a nation that disregards the eternal rules of order and right which Heaven itself has ordained." To this, Ramsay, the worthy historian of those times, adds: "The most enlarged happiness of one people by no means requires the degradation or destruction of another. There can be no political happiness without liberty; there can be no liberty without morality; and there can be no morality without religion."+

*Messages of the Presidents, p. 66. For similar complaints on the part of Randolph, see the Madison Papers, ii. 730. † Ramsay, iii. 383.

CHAPTER VIII.

THE NEW CONSTITUTION OF 1787.

Representatives and Senators-Rights of Congress-The President-The Judicial Power-General Regulations.

ALTHOUGH the Constitution of the United States of America, of the year 1787, is a well known document, it is requisite that I should here state the essence of what it contains, in order to render my subsequent observations concerning it more intelligible.

The legislative power is vested in two chambers or houses, the Senate and the House of Representatives.

The representatives for Congress are chosen by the several states every second year. The electors must possess the qualifications established by each state for electors of the most numerous branch of the state legislature. Every representative must be at least twenty-five years of age, seven years a citizen of the United States, and an inhabitant of the state for which he is chosen. On the other hand, no proof of a given amount of property or of a particular religious creed is required. The representatives are elected by districts according to the population (at first one for every 30,000, at present one for every 70,680); and this population is determined by adding to the whole number of free people, three fifths of all other persons (meaning slaves). The enumeration is repeated every ten years, and the number of representatives determined accordingly. Each state sends at least one representative to Congress. The House of Representatives chooses its speaker and other officers by a simple vote. It also has the sole power of impeachment.

Each state chooses through its legislature two senators for six years. Every two years one third of the senators vacate their seats. Each of them has one vote. A senator must be an inhabitant of the state for which he is chosen, nine years a citizen of the United States, and at least thirty years of age. He is not bound to prove any qualification as to property or religion. Each representative and senator has an allowance of eight dollars a day; the speaker of the House and the president of the Senate receive double that sum. The vice-president of the United States is

* Mason, p. 81.

always president of the Senate; but he has no right of voting and deciding, except when the other votes are equally divided. The Senate tries all impeachments: the concurrence of two thirds of the members present is requisite to a conviction. Judgment in such cases extends only to removal from and disqualification for office; but it does not exclude a further prosecution according to law.

The legislature of each separate state prescribes the times, places, and manner of holding elections for senators and representatives; but Congress has the right to alter these regulations, except as to the places of choosing senators. Congress assembles at least once in every year, and usually on the first Monday in December. A majority of each house constitutes a quorum for the transaction of business. No person holding a public office can be either a senator or representative. None of them are to be responsible elsewhere for speeches made in either house; and they are exempt from arrest except for treason, felony, and breach of the peace. For the preparation of business, committees are to be chosen in both houses or appointed by the vicepresident and speaker.* The committees of the Senate number from three to five, and those of the House of Representatives from five to nine members. All bills for raising revenue originate in the House of Representatives; but the Senate may propose or concur in amendments, as on other bills. Every bill which has been read three times and has passed through both houses, is presented to the president for his approval. But if he does not approve it, it is sent back with his objections to the house in which it originated, where it is reconsidered. If two thirds of that house still agree to pass the bill, it is sent, together with the objections, to the other house, and if likewise approved by two thirds of that house, it becomes a law, even without the president's assent; but the names of the persons voting for or against the bill are entered on the journals of each house. If the president does not return a bill within ten days, it becomes a law, unless its return has been prevented by the adjournment of Congress.

Very weighty powers are vested in Congress, of which I shall enumerate only the most important. It can lay and collect taxes, but only for the purpose of paying the debts and providing for the common defence and general welfare of the country. All taxes of this kind must be uniform throughout the United States. It can effect loans, regulate commerce with foreign nations and among the several states, and establish laws respecting naturalization, bankruptcies, coinage, and weights and measures.

* Mason, p. 84.