Even before the adoption of this denationalizing framework, its failure had begun. The Confederation became at once a byword and a sorrow. It was not fit for war or peace. It accomplished nothing national. It arrested all the national activities. Each State played the part of the feudal chieftain, selfishly absorbing power and denying it to the Nation. Money could not be collected even for national purposes. Commerce could not be regulated. Justice could not be administered. Rights could not be assured. Congress was without coercive power, and could act only through the local sovereignty. National unity was impossible, and in its stead was a many-headed pretension. The country was lapsing into chaos.
From Boston, which was the early home of the Revolution, had already proceeded a cry for Nationality. A convention of delegates from Massachusetts, Connecticut, and New Hampshire, with Thomas Cushing as President, assembled at Boston in August, 1780, where, among other things, it was recommended “that the Union of these States be fixed in a more solid and permanent manner, that the powers of Congress be more clearly ascertained and defined, and that the important national concerns of the United States be under the superintendency and direction of one supreme head,” and the word Nation is adopted as the natural expression for our unity.[23] But the time had not yet come for this fulfilment.
In the prevailing darkness, two voices made themselves heard, both speaking for National Unity on the foundation of Human Rights. The singular accord between the two, not only in sentiment, but also in language, and in date of utterance, attests concert. One voice was that of Congress, in an Address and Recommendations to the States on the close of the war, bearing date 18th April, 1783, where, urging “effectual provision” for the war debts, as demanded alike by national honor, and the honor of the cause in which they had been contracted, it was said, in words worthy of companionship with the immortal Declaration: “Let it be remembered that it has ever been the pride and boast of America that the rights for which she contended were the rights of Human Nature.”[24] The other voice was that of Washington, in a general order, also bearing date 18th April, 1783, announcing the close of the war, where, after declaring his “rapture” in the prospect before the country, he says: “Happy, thrice happy, shall they be pronounced hereafter who have contributed anything, who have performed the meanest office, in erecting this stupendous fabric of Freedom and Empire on the broad basis of Independency, who have assisted in protecting the rights of Human Nature.”[25] This appeal was followed by a circular letter to the Governors, where, after announcing that it is for the United States to determine “whether they will be respectable and prosperous or contemptible and miserable as a Nation,” Washington proceeds to name first among the things essential to national well-being, if not even to national existence, what he calls “an indissoluble union of the States under one federal head”; and he adds, that there must be a forgetfulness of “local prejudices and policies,” and that “Liberty” must be at the foundation of the whole structure.[26] Soon afterwards appearing before Congress to surrender the trust committed to him as commander-in-chief, he hailed the United States as a “Nation,” and “our dearest country,”[27]—thus embracing the whole in his heart, as for seven years he had defended the whole by his prudence and valor.
An incident of a different character attested the consciousness of National Unity. The vast outlying territory, unsettled at the beginning of the war, and wrested from the British crown by the common blood and treasure, was claimed as a common property, subject to the disposition of Congress for the general good. One by one, the States yielded their individual claims. The cession of Virginia comprehended all that grand region northwest of the Ohio, fertile and rich beyond imagination, where are now prosperous States rejoicing in the Union. All these cessions were on the condition that the lands should “be disposed of for the common benefit of the United States, and be settled and formed into distinct republican States.”[28] Here was a National act, with the promise of republican government, which was the forerunner of the guaranty of a republican government in the National Constitution.
The best men, in their longing for national unity, all concurred in the necessity of immediate action to save the country. Foremost in time, as in genius, was Alexander Hamilton, who was prompt to insist that Congress should have “complete sovereignty, except as to that part of internal police which relates to the rights of property and life among individuals and to raising money by internal taxes”; and still further, in words which harmonized with the Declaration of Independence, that “the fabric of the American empire ought to rest on the solid basis of the consent of the people.”[29] In kindred spirit, Schuyler announced “the necessity of a supreme and coercive power in the government of these States.”[30] Hamilton and Schuyler were both of New York, which, with such representatives, took the lead in solemn resolutions, which, after declaring that “the situation of these States is in a peculiar manner critical,” and that “the present system exposes the common cause to a precarious issue,” concluded with a call for “a general convention of the States, specially authorized to revise and amend the Confederation.”[31] The movement ended in the National Convention. Other States followed, and Congress recommended it as “the most probable means of establishing in these States a firm National Government.”[32] Meantime, Noah Webster, whom you know so well as author of the popular Dictionary, in an essay on the situation, published at the time, proposed a new system of government, which should act directly on the individual citizens, and by which Congress should be invested with full powers of legislation within its sphere, and for carrying its laws into effect.[33] But this proposition involved nothing less than a National Government with supreme powers, to which the States should be subordinate.
Here I mention three illustrious characters, who at this time lent the weight of their great names to the national cause,—Jay, Madison, and Washington,—each in his way without a peer. I content myself with a few words from each. John Jay, writing to John Adams, at the time our minister in London, under date of 4th May, 1786, says: “One of the first wishes of my heart” is “to see the people of America become One Nation in every respect; for, as to the separate Legislatures, I would have them considered, with relation to the Confederacy, in the same light in which counties stand to the State of which they are parts, viz., merely as districts to facilitate the purposes of domestic order and good government.”[34] Even in this strong view Jay was not alone. Franklin had already led in likening the colonies to “so many counties.”[35] Madison’s desires were differently expressed. After declaring against “an individual independence of the States,” on the one side, and “a consolidation of the States into one simple republic,” on the other side, he sought what he called a “middle ground,” which, if varying from that of Jay, was essentially national. He would have “a due supremacy of the National authority, and leave in force the local authorities so far as they can be subordinately useful.”[36] Here is the definition of a Nation. Washington, in a letter to Jay, dated 1st August, 1786, stated the whole case with his accustomed authority. Insisting upon the importance of “a coercive power,” he pleads for national life: “I do not conceive we can exist long as a Nation without having lodged somewhere a power which will pervade the whole Union in as energetic a manner as the authority of the State governments extends over the several States.” He then adds: “To be fearful of investing Congress, constituted as that body is, with ample authorities for National purposes, appears to me the very climax of popular absurdity and madness.”[37] Such were the longings of patriots, all filled with a passion for country. But Washington went still further, when, on another occasion, he denounced State sovereignty as “bantling,” and even “monster.”[38]
The Constituent Convention, often called Federal, better called National, assembled at Philadelphia in May, 1787. It was a memorable body, whose deliberations have made an epoch in the history of government. Jefferson and John Adams were at the time abroad in the foreign service of the country, Samuel Adams was in service at home in Massachusetts, and Jay in New York; but Washington, Franklin, Hamilton, Madison, Gouverneur Morris, George Mason, Wilson, Ellsworth, and Sherman appeared among its members. Washington, by their unanimous voice, became President; and, according to the rules of the Convention, on adjournment, every member stood in his place until the President had passed him. Here is a glimpse of that august body which Art may yet picture. Who would not be glad to look upon Franklin, Hamilton, and Madison standing in their places while Washington passed?