The United States of America, Part 1: 1783-1830

by Edwin Erle Sparks

The last toast at the judiciary banquet of 1790 was a wish that the convention of Rhode Island, called for the early spring, would "soon introduce the stray sister to her station in the happy national family of America." Rhode Island represented the extreme of selfishness resulting from State control of commerce. Through her ports passed not only her own imports and products, but those of the adjacent parts of Connecticut and Massachusetts. This geographical situation of the State magnified her commercial interests, and made her unwilling to surrender them to the Union. The country people were equally wedded to paper money, and opposed every suggestion of giving over the right of issuing money exclusively to the Central Government. The State fell into disrepute. "Rhode Island can be relied upon for nothing that is good," said Madison in his despair. "In rebellion against integrity, plundering all the world by her paper money, and notorious for her uniform opposition to every federal duty," was the character given her by Governor Randolph, of Virginia, when by popular vote she refused to come into the Union under the Constitution. Fables were composed which described twelve people desirous of building a new house and hanging a recalcitrant thirteenth man by his garter to a limb near his cabin. A "Southern planter" was reported to have offered the services of his slaves to aid in shovelling Rhode Island into the sea.

North Carolina had also been late in assenting, but simply because her first convention was turned from immediate ratification by the temporary delusion of holding another constitutional convention to incorporate the proposed amendments in the Constitution. The general sentiment of the country had pronounced against running the risk of another convention which was unlikely to produce anything more acceptable. Hence the favourable action of North Carolina was simply a question of time necessary to call another convention. This State was doubly assured to the Federalists after favourable action in Virginia, to which she was closely bound by family ties. The hope was well grounded, for the first act, passed by the second session of the new Congress, in the autumn of 1789, was to extend the impost, tonnage, and other acts of the first session over North Carolina, whose ratification, without amendments, reached New York during the adjournment. Rhode Island was now the only recalcitrant. She still held out for individualism and complete sovereignty. Had Congress a right or the power to coerce her into the Union? Whatever action Congress might take was destined to become important in the later discussions upon the right of a State to withdraw from the partnership now being formed. Fortunately, the opinion of the House upon this point is beyond question. In the middle of the first session a motion made by a member from New York to take up the case of the rebellious Rhode Island had been voted down because it threatened a "delicate situation" for the House and was best left to time and the State itself. Although the recalcitrant sister was a maritime State, "situated in the most convenient manner for the purpose of smuggling and defrauding our revenue," nevertheless, as Madison said, "it would be improper to express a desire on an occasion when a free agency ought to be employed, which would carry with it all the force of a command." One searches equally in vain through the correspondence of the men at the head of government for suggestions of coercion. President Washington, although exasperated to a point where his Virginia temper declared that the majority of the people of Rhode Island had bid adieu to every principle of honour, common-sense, and decency, refused to send any message to the friends of the Constitution in that State other than his hopes that the Legislature would call a convention.

Nevertheless, it was impossible long to continue such an anomalous thing as a foreign State surrounded by the United States. The governor of Rhode Island had become alarmed and early sent to the President and Congress of the "eleven United States of America" assurance of the steadfast adherence of his State to the principles of the Confederation formed in the hour of danger, and begged that they should not be considered altogether as foreigners. Although Rhode Island was speaking a past language in such words, Congress by special enactment relieved her from all duties except on rum, loaf-sugar, and chocolate until January, 1790. When that time arrived, the governor pleaded for a renewal of the privilege, stating that the Legislature had just called a convention to reconsider the Constitution. Waiting several months longer, the Senate passed a bill by a vote of thirteen to eight to treat the goods of Rhode Island as if coming from a foreign country and to demand from her a sum of money to be credited to her account with the Union. In the midst of the consideration of this measure by the House, further action was stopped by the arrival of the official ratification of the Constitution by Rhode Island in a regular convention at Newport by the narrow majority of two votes. "This event," wrote Washington to one of his European correspondents, "will enable us to make a fair experiment of a Constitution which was framed solely with a view to promote the happiness of a people. Its effects have hitherto equalled the expectations of its most sanguine friends." Rhode Island escaped being coerced into the Union by an act of Congress; but she was coerced by the higher law of self-preservation. Surrounded by States in the Union, cut off from the natural channels of trade with them, she must have perished of commercial starvation in the growing trade of the nation, if she had been subjected to the discriminations which Congress placed on the commerce of foreign nations.

The adoption of an efficient government and the institution of a central control produced an immediate effect on commerce. Interstate strife ceased. In eighteen months more than twenty million dollars' worth of goods had gone abroad. Great Britain and her dependencies bought almost one-half these American products and produce, with France a second. Then came Spain, the Netherlands, Portugal, Germany, Denmark, Africa, the East Indies, and Sweden in decreasing order. Even the northwest coast of North America purchased some ten thousand dollars' worth of goods from the new republic. Tobacco, rice, flour, wheat, and corn were the chief articles of export. Manufactured articles were of minor value. The total amount of iron sent out was little over three thousand tons, as against three hundred thousand tons exported in 1900. Furniture to the value of $8351 went abroad, of which $30 worth went to Spain and the remainder to the West Indies.

During this same first fiscal year under the new Government, dutiable goods to the amount of nearly seventy-four million dollars came into the various ports of the United States. Brown sugar from the French West Indies led the list, molasses from the same source ranking second. Tarred cordage from England came next, with coffee from the French West Indies, dried fish from Canada, distilled spirits from the British West Indies, in order. This revival of trade did much to quiet the predictions of those who still imagined the new Government must fail. The second year gave them still less ground to stand on. It showed that the United States custom-houses had collected over three million dollars on imported goods, the largest collections being in the State of Pennsylvania, with New York second, and Massachusetts third. This was a larger sum than had been realised from all taxable sources for the eight years preceding the Constitution government. Nearly $150,000 had been realised from charging tonnage upon vessels entering and leaving American ports. The future of the finances of the National Government was assured. Those who had so long begged that the power of collecting duties might be given to it now felt their judgment vindicated. The obligation incurred to France for loans and supplies amounting to over ten million dollars, a debt of honour especially pressing, was being paid so rapidly that by 1795 the entire balance was advanced and the obligation cancelled.

Prospects brightened for the future. "I sincerely rejoice in the prosperity of your country," wrote Hartley, from London, to Jay, with whom he had negotiated the peace of 1783. "You must not expect to find it otherwise than checkered with good and ill; such is the lot of human life. To be as happy as any people in the world is a lot you must not expect to exceed." In reply Jay said: "Whether the United States will be more or less happy than other nations, God only knows; I am inclined to think they will be, because in my opinion more light and knowledge are diffused through the mass of the people of this country than any other." Brissot de Warville, a French traveller, was impressed by the American vessels venturing to the North-west coast for furs and peltry. Thinking that point not far from the head of the Mississippi, he predicted that Americans would soon find a short intracontinental way to the Pacific. He also predicted that these traders would soon open a new route between the Atlantic and the Pacific by the lake of Nicaragua. "No sea is impenetrable," he said, "to the navigating genius of the Americans. You see their flag everywhere displayed; you see them exploring all islands, studying their wants, and returning to supply them."

External commerce was not allowed to monopolise the attention of the Americans, now at peace with the world and themselves. The Constitution gave to the Central Government the exercise and care of several functions heretofore left to the States. As rapidly as possible, a mint was established to produce gold, silver, and copper coins. Laws punishing the counterfeiting of the coin were passed. The existing military system was recognised and the postal establishment with the routes and offices of the previous year adopted. The pensions paid to invalided veterans of the wars by the States were assumed by the nation. Commissioners were appointed to treat with Indians in the United States territories. Provision for making a count of the people was made. Steps for the adequate protection of the frontier were taken. Commissioners were appointed to lay out the capital city on lands granted by Virginia and Maryland. The provisions of the Ordinance of 1787, modified to meet the new conditions, were re-enacted.

Of less importance than many of these functions bestowed by the Constitution on the Federal Government, but even farther-reaching, was the indefinite power to "promote the progress of science and useful arts" by encouraging authors and inventors. The right of an inventor to a protection on his product had been saved from the monopolies so freely granted to companies in the time of James I. It was one of the birthrights of Englishmen brought to the American colonies. The right of an author to the benefit of his productions was allowed in the common law. Colonial legislatures had been accustomed to encourage both authors and inventors by rewards of money as well as by exclusive rights for a limited term of years. The Legislatures of various States continued the practice after the Revolution, although there was no system of inter-recognition of patents between the States. Fitch, the steam-navigation experimenter, secured exclusive rights on his steamboat from Virginia, Maryland, Pennsylvania, New Jersey, and New York, and even then was unprotected in the remaining States. This power so evidently belonged to the national instead of State governments, that it was never questioned in the convention, although it had not been included in the Articles of Confederation. Indeed, so essential was the necessity for the development of home resources felt to be that at one time the convention had considered transferring from the States to the Federal Government the general practice of "establishing public institutions, rewards, and immunities for the promotion of agriculture, commerce, and manufactures."

This paternalism was eventually confined in the Constitution to patents and copyrights. Within a fortnight after the beginning of the House sessions, David Ramsey, the South Carolina historian, petitioned Congress for the sole right to sell his books for a limited term of years. He was followed by Hannah Adams, the Massachusetts writer, Jedediah Morse, the geographer, and others. Instead of granting such petitions by individual bills, as the State Legislatures had done, Congress enacted a general copyright law which gave to any applicant exclusive control of his writings for fourteen years.

Simultaneously with the petition from Ramsey, which led to the first copyright law, came one from John Churchman asking for exclusive right to sell spheres, maps, charts, and tables on the principles of magnetism which he had invented after "several years' labour, close application, and great expense." Soon after came requests for such rights from Fitch for a boat propelled by steam, from Rumsey for one propelled by setting poles, and from Stroebel for another to run on wheels without the use of oars. Other inventors asked for patents on a machine for raising water to run a waterwheel, on one for making nails, for producing power by using a weight, for curing the bite of a mad dog, for counting the revolutions of a wheel, for a reaper and thresher, and for a lightning-rod on an umbrella. In the second session Congress passed an act making the members of the Cabinet, except the busy Secretary of the Treasury, a board to hear petitions and to grant sole rights to inventors for fourteen years.