Great Events in the History of North and South America

by Charles A. Goodrich

"To these sources of difficulty, incident to the formation of all such confederacies, were added two others, one of a temporary, the other of a permanent nature. The first, was the case of the crown-lands, so called, because they had been held by the British crown; and being ungranted to individuals, when its authority ceased, were considered by the states within whose charters or asserted limits they lay, as devolving on them; while it was contended by the others, that, being wrested from the dethroned authority by the equal exertions of all, they resulted of right and in equity to the benefit of all. The lands, being of vast extent, and of growing value, were the occasion of much discussion and heart-burning, and proved the most obstinate of the impediments to an earlier consummation of the plan of the federal government. The state of Maryland, the last that acceded to it, firmly withheld her assent, till the 1st of March, 1781; and then yielded only in the hope that, by giving a stable and authoritative character to the confederation, a successful termination of the contest might be accelerated. The dispute was happily compromised, by successive surrenders of portions of the territory by the states having exclusive claims to it, and acceptances of them by congress.

"The other source of dissatisfaction was the peculiar situation of some of the states, which, having no convenient ports for foreign commerce, were subject to be taxed by their neighbors, through whose ports their commerce was carried on. New Jersey, placed between Philadelphia and New York, was likened to a cask tapped at both ends; and North Carolina, between Virginia and South Carolina, to a patient bleeding at both arms. The Articles of Confederation provided no remedy for the complaint; which produced a strong protest on the part of New Jersey, and never ceased to be a source of discord, until the new constitution superseded the old.

"But the radical infirmity of the Articles of Confederation was the dependence of congress on the voluntary and simultaneous compliance with its requisitions by so many independent communities, each consulting, more or less, its particular interests and convenience, and distrusting the compliance of the others. While the paper emissions of congress continued to circulate, they were employed as a sinew of war, like gold and silver. When that ceased to be the case, and the fatal defect of the political system was felt in its alarming force, the war was merely kept alive, and brought to a successful conclusion, by such foreign aids and temporary expedients as could be applied; a hope prevailing with many, and a wish with all, that a state of peace, and the sources of prosperity opened by it, would give to the confederacy, in practice, the efficiency which had been inferred in theory."

The close of the war brought no adequate relief. The wealth of the country was exhausted. Congress had no funds, and no means of raising money for the discharge of arrears of pay due to the soldiers of the Revolution, but by an appeal to the legislative assemblies of the several states. Even for their own maintenance, they were dependent upon the assemblies. The legislatures themselves often knew not what to do.

"The distress of the inhabitants was continually on the increase; and in Massachusetts, where it was most felt, an insurrection of a serious character was the consequence. Near the close of the year 1786, the populace assembled, to the number of two thousand, in the north-western part of the state, and, choosing Daniel Shays their leader, demanded that the collection of debts should be suspended, and that the legislature should authorize the emission of paper money for general circulation. Two bodies of militia, drawn from those parts where dissatisfaction did not prevail, were immediately dispatched against them, one under command of General Lincoln, the other of General Shepard. The disaffected were dispersed with less difficulty than had been apprehended, and, abandoning their seditious purposes, adopted the proffered indemnity of the government.

"The time, at length, came, when the public mind gave tokens of being prepared for a change in the constitution of the general government—an occurrence, the necessity of which had long been foreseen by Washington and most of the distinguished patriots of that period. Evil had accumulated upon evil, till the mass became too oppressive to be endured, and the voice of the nation cried out for relief. The first decisive measures proceeded from the merchants, who came forward almost simultaneously in all parts of the country, with representations of the utter prostration of the mercantile interests, and petitions for a speedy and efficient remedy. It was shown, that the advantages of this most important source of national prosperity were flowing into the hands of foreigners, and that the native merchants were suffering for the want of a just protection and a uniform system of trade. The wise and reflecting were convinced that some decided efforts were necessary to strengthen the general government, or that a dissolution of the union, and perhaps a devastating anarchy, would be inevitable."[57]

The first step, which led to the convention of 1787, was taken by Virginia, in a proposition of her legislature, in January, 1786, for a convention of delegates to establish such a system of commercial relations as would promote general harmony and prosperity. The above proposal was cordially approved by Delaware, Pennsylvania, New Jersey, and New York, and delegates were accordingly appointed by them, in addition to Virginia. These convened at Annapolis, September, 1786; but they had scarcely entered into a discussion of topics, which naturally forced themselves into view, before they discovered the powers with which they were intrusted to be so limited, as to tie up their hands from effecting any purpose that could be of essential utility. On this account, as well as from the circumstance that so few states were represented, they wisely declined deciding on any important measures in reference to the particular subject for which they had come together. This convention is memorable, however, as having been the prelude to the one which followed. Before the commissioners adjourned, a report was agreed upon, in which the necessity of a revision and reform of the articles of the old federal compact was strongly urged, and which contained a recommendation to all the state legislatures "for the appointment of deputies, to meet at Philadelphia, with more ample powers and instructions." This report was sent to congress, as well as to the several states.

In the appointment of delegates, agreeably to the foregoing recommendation, Virginia took the lead. February, 1787, the subject claimed the attention of congress, and the following preamble and resolution were adopted:

"Whereas, there is provision, in the articles of confederation and perpetual union, for making alterations therein, by the assent of a congress of the United States, and of the legislatures of the several states; and whereas experience hath evinced that there are defects in the present confederation, as a means to remedy which, several of the states, and particularly the state of New York, by express instruction to their delegates in congress, have suggested a convention for the purpose expressed in the following resolution, and such convention appearing to be the most probable means of establishing in these states a firm national government—

"Resolved, That, in the opinion of congress, it is expedient, that, on the second Monday in May next, a convention of delegates, who shall have been appointed by the several states, be held at Philadelphia, for the sole and express purpose of revising the articles of confederation, and reporting to congress and the several legislatures such alterations and provisions therein, as shall, when agreed to in congress, and confirmed by the states, render the federal constitution adequate to the exigencies of government, and the preservation of the union."