Yet the chief grievance voiced by the Hartford Convention was neither the loss of commerce nor increased national debt. A question had arisen in the course of the war which brought out the old contention between the right of the State and the nation, although with parties and sections exactly reversed. Fear of the abuse of the military power in the hands of the central authority, which prompted the framers of the Constitution to limit all appropriation for the army to two years' duration, had also persuaded them to restrict the national use of the State militia to three emergencies, viz., to execute the national laws, to suppress insurrection, and to repel invasion. Test had been made of the first two uses in suppressing the excise rebellion. The War of 1812 brought out the third. The contemplated invasion of Canada was the result of no one of these conditions. Objection to using the militia in carrying on a foreign war had been raised frequently in Congress during the debates on the war measures. A kindred dispute had arisen over the right of the national authorities to appoint officers of the State militia when called into national use. The old Revolutionary State jealousies over this question seemed to have come to life again. Among the Federalists, now grown to be sticklers for State rights, was a representative in Congress from New York, who cried out in debate:
"If it shall come to that, that militia officers are appointed by the President, I am a militia officer—I will never surrender the state's rights—I would not be commanded by them—and I say, so help me God, if I do. Militia were never intended for the United States, but for individual states, to defend their states' rights."
In the twenty years of peace administration, this question of employing the militia in a foreign war had never arisen. If the National Government in 1812 had been ready for war, either in force or finance; if the war had been favoured in the commercial States where the available wealth of the country was accumulated; or if the administration had not been embarrassed constantly by lack of soldiers and revenue, the resistance of New England to the Federal attempts to control her militia, to recruit her young men, and even to contemplate drafting her able-bodied citizens might never have arisen. But if the test had not come, the governors of Massachusetts and Connecticut would not have put themselves on record as resisting the call of the President for their quota of militia to serve both inside and outside the State, and the section would have missed committing itself to the former ground of its opponent. The creation of a "Federal army" out of the State militia was now criticised as violently in New England as it had been in the Southern States during the suppression of the whiskey insurrection a score of years before.
This refusal of the thickly populated Eastern States, which had been largely the source of supply in the Revolutionary War, to furnish their share of soldiery, threw the brunt of the Canadian expeditions upon the south-western sections, and thus contributed to the Union in another and less evident manner. The volunteers from those trans-Allegheny regions would never forget the hardships of their journeys through the roadless North-west. Frontier militiamen, who hewed their way through pathless woods and subsisted on roots and berries because there were no roads on which to bring supplies; officers, who guided their commands to streams and found them too small in midsummer, when most needed, to transport their troops; artificers, who built boats on the Great Lakes and could not get armaments to them,—these men were unlikely to allow constitutional objections to lie in the way of future improvements in the Western Territories. They placed the blame for the failure of the campaigns in those parts to lack of means of communication. The freshly cut military roads were strewn with the ruins of flour-barrels, cordage, and various equipment, abandoned in transit. Fully two-thirds of the flour put down at Fort Meigs could not be used. The flour on the Harrison campaign cost the Government not less than eight dollars a barrel. Government commissaries claimed to have been ruined in their contracts by lack of roadways. Only eight hundred pack-horses survived of four thousand employed in the Detroit campaign. The extra expense of one of the northern campaigns would have built a good road to the inaccessible portion if the need could have been foreseen. The experience in the war demanded immediate action for the future public defence, regardless of party interpretation of powers. Provision for necessary means of communication in the older portions might safely be left to the States; but for the more recently settled regions, especially the Territories, only the States united could provide highways and waterways. The fact that the Union had charge of the Indians in the Territories made the permission easier to grant. Also, during the war, many military roads had been constructed, whose constitutionality no one had time to question. During the intermissions of warfare, soldiers had been employed in constructing military roads between various posts on the frontier. John Randolph had several times aroused the wrath of the war- hawks in Congress by suggesting that the volunteer troops be employed, when not on campaigns, in building highways and digging canals. He thought the land forces would make some return in this way for the vast sum to be expended on them. After the close of hostilities, the regular troops continued to be employed in such work, receiving extra pay. In various parts of the United States one may still trace the old "military roads," many of them having been made into modern highways. As may be imagined, they were of great aid in extending another function of national activity —the postal system.
Waterways were as abundant in the western region during the War of 1812 as they were at any later time. That they were not more frequently employed as means of transportation was due to the fact that nature, in the process of time, had placed so many obstacles in them that they were practically useless. Sand-bars, sunken logs, accumulated driftwood, and hidden snags made water travel impossible except for light canoes. During the summer season, when the campaigns were waged most vigorously, many of the streams were dried up and valueless for transportation purposes. But small imagination was required to see how man with proper resources could dredge channels, remove obstacles, and construct dams which would render these waterways useful during the larger part of the year. Boats propelled by poles might be guided up the tedious channels, but the use of steam was impossible until improvements had been made.
Fulton and Livingston made a success of steam navigation on the majestic Hudson in 1807. Only five years later, hardy spirits were not wanting at Pittsburg to equip a vessel with steam and venture down the tortuous Ohio to New Orleans. But impediments to navigation made such attempts simply experiments. Three years after the close of the war, the Walk in the Water was launched on Lake Erie near Buffalo and eventually reached distant Mackinaw. The ship-building industry had been established on Lake Erie during the war and needed only the construction of harbours and placing of lights to open a vast inland commerce.
The strict constructionists were destined to spend many unpleasant hours over this question of inland commerce. That the Union had control of ocean or foreign commerce, no one denied. The ocean is common to all. But fresh water lies inland, among the States. Strict construction would not allow the central authority to undertake a public work in an individual State. Clearing waterways and constructing harbours might have been left to the respective States, if each stream and each lake had been located entirely within the confines of some State. Interstate commerce thus began early to play a part in making the Union. In former days, Congress had granted requests of Rhode Island, Maryland, and Georgia to be allowed to retain part of their imposts for completing their public works on rivers and harbours. The privilege was extended to other State at various times, the expenditures being withheld from the national revenues. The system was bad and produced frequent delay and abuse. It was really the Federal Government making the improvements indirectly. Evidently the work could be carried on more uniformly and systematically under central management.
Precedent had been established under the compulsion of war. The Carondelet canal was a private enterprise connecting Lake Pontchartrain with the city of New Orleans. Congress appropriated a sum of money, as the war came on, for making the canal navigable for the gunboats in order to protect New Orleans. Several similar instances might be cited during the progress of the war. Under such conditions, it was an easy matter to include in the Army Appropriation bill of 1819 a sum for making a complete survey of all watercourses tributary to the Mississippi on its western side, and on its eastern side north of the Ohio. There was in the same bill an appropriation for making surveys with maps and charts of the Ohio and Mississippi rivers, from the Falls of the Ohio to New Orleans, "for facilitating and ascertaining the most practical mode of improving the navigation of those rivers." No promise was made, but the ultimate purpose was to have the individual States or the Union improve the navigation of all these waterways. So insidiously was necessity making the Republicans commit themselves to the policies of their predecessors, that no one realised they were preparing by these actions to inaugurate the vast work of public improvement in the interior of the continent which characterised the middle period of American history.
Advocates of these national enterprises were encouraged by a clause in the Bank bill of 1816. In order to compel the State banks to resume specie payment and to rearrange the national finances after the war, the Republicans had been compelled to resort to the infamous Hamiltonian remedy of chartering a United States bank. Only financial desperation could warrant the adoption of a suggestion which the party had rejected five years before. Unconstitutionally scarcely had a mention in the debates on the bill. Republican speakers and writers advocated a bank as eagerly as they had opposed one in 1791 and 1811. Calhoun was in favour of a new bank and Webster was opposed to it.
This second bank was chartered, like the first, for twenty years. It had a similar plan of organisation, although with a larger capital. It differed most in offering to the National Government, not only a share of stock, but a "bonus," or gift, of a million and a half dollars for the privilege of the charter. Visions of internal improvements made possible by such a handsome gift immediately arose in the minds of some, although suspicion was the strongest feeling in the minds of others. The proposition was precisely along the Federalist idea of invested interests purchasing a monopoly from the Government, and was viewed in that light by old Republicans. It was denounced as a bribe similar to that given Parliament by the East India Company. Such scruples were overcome by comparing the "bonus" to the fee paid the National Government for a patent, which gave to the holder a monopoly, or to the free passage granted troops over toll bridges in payment for a State charter. Undoubtedly the desire to use this money for public improvements aided in securing the passage of the Bank bill.