CHAPTER VII
BEGINNING AN EFFICIENT GOVERNMENT
In the manner of its formation and adoption the Constitution was the product of a confederation. In these respects, it was little in advance of the rejected Articles. Its strength lay in the possibilities of its administration. But as a document in 1789, it was the product of federated States. If all the people of the United States could have assembled and formed a constitution to go into effect immediately, or even if delegates, chosen by the people of the United States as a whole, had drawn up such a document, which had been adopted by the entire people or their delegates in a ratifying body, there would have been a national sovereignty wholly independent of the States from the beginning. Such a procedure was impossible—the very best reason why it was not attempted. A pure democracy is possible only among a small number of people living in a small State. For a large population and an extensive territory representative government must be substituted. If the idea of government in the British colonies in North America had been national instead of local from the beginning, the States would have disappeared under the Constitution, or have been kept only for selecting national representatives, and performing other national functions. An equipoise between the two could never have been reached. But fate had ordained otherwise. In a new land, the settlers naturally gathered into little groups for mutual protection. Collecting about some harbour or along some navigable waterway in the Northern colonies, or assembling from the plantations at the centre of the parish in the Southern colonies, the people instituted local government. Clusters of these units under home rule formed larger divisions, and, in this way, union came as an afterthought resulting from contiguity and intercourse. The States as colonies existed long before the Union. Individualism was born long before unity in America, and gained a prestige which aggregation has required nearly a century to overcome.
The ease with which the various States formed their first constitutions and the ease with which they corrected errors by substituting later frames, is an additional proof of their early efficiency. No State had as much difficulty as did the nation in reaching a workable basis. It is true that the national Congress first suggested State governments to the chaotic colonies, but they did not authorise them. The colonies looked to the nation for a uniform suggestion, but neither for sanction nor permission. Never for a moment did the members of the Continental Congress assume that they were working independently of their States, but considered themselves subordinate to the State assemblies. The States were always the last resort of Confederation days. The story of the United States is largely taken up with the struggle of the States to retain their early supremacy when that supremacy was menaced from time to time by new conditions.
Whatever destiny may have made of the later Union, whatever theories may now be indulged in concerning the abstract Union the fathers made in 1789, the concrete Union which was put into effect was the offspring of the States not only in the thoughts of the people, but it was even dependent upon them for aid in several particulars necessary for putting it into operation. Having no electoral machinery, the Union was compelled to ask the States to choose members of both branches of its Congress. In electing its chief executive, it was obliged to give the States sole charge of choosing electors for this purpose. A national election gradually came into existence because the Union took this control practically away from the States. The Federal Government was indebted to State agency for its first capitol, the Federal Hall, furnished it by the kindness of the City of New York. It had not a foot of soil independent of the States, State militia furnished the military escort for its President-elect, and a State governor, Clinton of New York, with his staff, gave him official welcome to the State and national capital combined. Even the oath given to the chief executive, an oath required by the national Constitution, was administered not by a national official, but by the chancellor of the State of New York.
An independent national government such as time has given us, and such as would be formed in the light of the present day, would not leave the method of choosing its presidential electors to the whims of the several States. At the time, no other method was possible. The State machinery was at hand and could be utilised. The national appliances had not yet been evolved. In some States the size of the precincts made voting well-nigh impossible. Residents of Luzerne County, Pennsylvania, must travel several hundred miles to the polls, according to Timothy Pickering. Although the Assembly of Virginia placed a fine upon every qualified voter who failed to perform his duty, and although the Federalists of Maryland offered a roasted ox at one polling-place to attract voters, it is estimated that not more than one-fourth the men entitled to vote availed themselves of the privilege. Many had been so recently enfranchised by the State constitutions that they did not appreciate the right. Independence having been won, the details of government failed to maintain civic zeal. In present-day elections, by contrast, as many as five-sixths of those qualified to vote at national elections avail themselves of the privilege.
It must also be noted that State qualifications for freemen determined who should vote in this first national election. In those States where the people voted, statistics show that only three men out of every hundred of population could vote in this first presidential election, where nowadays twenty men have that liberty. In some States, the people had no voice whatever in choosing the President, because the State Legislatures decided that they were the proper mediums to choose the presidential electors. The Constitution left the matter entirely in their hands. In some States, the people voted for electors in fixed districts; in other States they voted for a whole electoral ticket. This system of choosing a President through a set of electors, borrowed from the method of electing a German emperor, was far removed from democracy. It showed the distrust which the Constitution-makers felt in the intelligence and discrimination of the masses. Irregularity marked the elections generally. Two factions in the New York Legislature fell into a dispute over the manner in which Senators and electors should be chosen. It resulted in that State being deprived of participation in the first election and in the first session of the Senate. Before the next presidential election, Congress began to make regulations governing the States in their conduct of this important matter, an innovation which grew until it culminated in the election "force laws" of reconstruction days following the Civil War.
"The first Wednesday in March next shall be the time and the present seat of government the place for commencing proceedings under the said Constitution." So accustomed had the people grown to delays in public affairs, that a strict compliance with these provisions of the old Congress would have been a surprise. The first Wednesday of March, 1789, fell upon the fourth day of the month. At noon of that day, when the members constituting the two branches of the first Congress under the Constitution assembled in the rooms arranged for their sessions in the reconstructed City Hall of New York, there was no quorum in either House. Since eleven States had adopted the new plan and each was entitled to two Senators, twelve members of that body would be necessary to constitute a quorum. But only eight were present. These sent out one circular letter after another to the delinquent members, begging their immediate attendance. The condition of the roads at that season of the year and the inadequate means of transportation can scarcely be imagined at present. Madison, because of poor roads between Montpelier and Baltimore, missed the stage and lost two whole days, as he complained. However, one by one the tardy Senators arrived, and on April 6th, over a month late, the Senate found itself with a quorum. Even then there were only two members present from States south of Pennsylvania. Having read their credentials of election, they proceeded to elect a presiding officer "for the sole purpose" of opening the votes cast by the electors for President and Vice-President of the United States. The latter, according to the new plan of government, would be their permanent presiding officer. The choice for the temporary office fell upon Senator Langdon, of New Hampshire, a member of the convention which had framed the Constitution.
On the 4th day of March, the new House of Representatives had only thirteen members present. The Constitution required that they should be chosen by the people in the different States. The State Legislatures were unable to monopolise the elections as they did the presidential elections in certain States. Yet the people took little interest in this first congressional election. Out of 3,200,000 people, probably not more than one hundred thousand voted. Until some count of the number of people could be taken to secure a proportionate representation, the Constitution had set an arbitrary number of sixty-five, apportioning them among the States by a guess at the respective populations. Rhode Island and North Carolina not being in the Union deducted six from this total, making thirty necessary for a quorum. Day after day, the incomplete House adjourned. New members arrived at intervals until the first day of April, when a quorum was had, just four weeks late.
As first formed, the House consisted of the following members: New Hampshire, 1; Massachusetts, 5; Connecticut, 5; New Jersey, 2; Pennsylvania, 6; Maryland, 2; Virginia, 8; South Carolina, 1. Other members arrived from time to time. More or less irregularity had marked the elections in the various States. A protest soon reached the House from citizens of New Jersey claiming that the four members from that State had not been legally elected. The polls had been kept open in one district for two weeks, until closed by a proclamation from the governor. From South Carolina came charges against a member that he had not been a citizen of the United States the required seven years at the time of his election. Although a native of South Carolina, he was being educated in Europe during the Revolutionary period and had returned to the State after the close of the war, but before the adoption of the national Constitution. Contested elections here find early precedents. In both cases the House declared the elections valid and the members entitled to their seats.