The Critical Period of American History

by John Fiske

Maryland confers with Virginia regarding the navigation of the Potomac, 1785.

In order to carry out the enterprise of extending the navigation of the Potomac, it became necessary for the two states Virginia and Maryland to act in concert; and early in 1785 a joint commission of the two states met for consultation at Washington's house at Mount Vernon. A compact insuring harmonious coöperation was prepared by the commissioners; and then, as Washington's scheme involved the connection of the head waters of the Potomac with those of the Ohio, it was found necessary to invite Pennsylvania to become a party to the compact. Then Washington took the occasion to suggest that Maryland and Virginia, while they were about it, should agree upon a uniform system of duties and other commercial regulations, and upon a uniform currency; and these suggestions were sent, together with the compact, to the legislatures of the two states. Great things were destined to come from these modest beginnings. Just as in the Yorktown campaign, there had come into existence a multifarious assemblage of events, apparently unconnected with one another, and all that was needed was the impulse given by Washington's far-sighted genius to set them all at work, surging, swelling, and hurrying straight forward to a decisive result.

Madison's motion; a step in advance, 1785.

Late in 1785, when the Virginia legislature had wrangled itself into imbecility over the question of clothing Congress with power over trade, Madison hit upon an expedient. He prepared a motion to the effect that commissioners from all the states should hold a meeting, and discuss the best method of securing a uniform treatment of commercial questions; but as he was most conspicuous among the advocates of a more perfect union, he was careful not to present the motion himself. Keeping in the background, he persuaded another member—John Tyler, father of the president of that name, a fierce zealot for state rights—to make the motion. The plan, however, was "so little acceptable that it was not then persisted in," and the motion was laid on the table. But Madison knew what was coming from Maryland, and bided his time. After some weeks it was announced that Maryland had adopted the compact made at Mount Vernon concerning jurisdiction over the Potomac. Virginia instantly replied by adopting it also. Then it was suggested, in the report from Maryland, that Delaware, as well as Pennsylvania, ought to be consulted, since the scheme should rightly include a canal between the Delaware River and the Chesapeake Bay. And why not also consult with these states about a uniform system of duties? If two states can agree upon these matters, why not four? And still further, said the Maryland message,—dropping the weightiest part of the proposal into a subordinate clause, just as women are said to put the quintessence of their letters into the postscript,—might it not be well enough, if we are going to have such a conference, to invite commissioners from all the thirteen states to attend it? An informal discussion can hurt nobody. The conference of itself can settle nothing; and if four states can take part in it, why not thirteen? Here was the golden opportunity. The Madison-Tyler motion was taken up from the table and carried. Commissioners from all the states were invited to meet on the first Monday of September, 1786, at Annapolis,—a safe place, far removed from the influence of that dread tyrant, the Congress, and from wicked centres of trade, such as New York and Boston. It was the governor of Virginia who sent the invitations. It may not amount to much, wrote Madison to Monroe, but "the expedient is better than nothing; and, as the recommendation of additional powers to Congress is within the purview of the commission, it may possibly lead to better consequences than at first occur."

Convention at Annapolis, Sept. 11, 1786.

Hamilton's address; a further step in advance.

The seed dropped by Washington had fallen on fruitful soil. At first it was to be just a little meeting of two or three states to talk about the Potomac River and some projected canals, and already it had come to be a meeting of all the states to discuss some uniform system of legislation on the subject of trade. This looked like progress, yet when the convention was gathered at Annapolis, on the 11th of September, the outlook was most discouraging. Commissioners were there from Virginia, Delaware, Pennsylvania, New Jersey, and New York. Massachusetts and New Hampshire, Rhode Island and North Carolina, had duly appointed commissioners, but they were not there. It is curious to observe that Maryland, which had been so earnest in the matter, had nevertheless now neglected to appoint commissioners; and no action had been taken by Georgia, South Carolina, or Connecticut. With only five states represented, the commissioners did not think it worth while to go on with their work. But before adjourning they adopted an address, written by Alexander Hamilton, and sent it to all the states. All the commissioners present had been empowered to consider how far a uniform commercial system might be essential to the permanent harmony of the states. But New Jersey had taken a step in advance, and instructed her delegates "to consider how far a uniform system in their commercial regulations and other important matters might be necessary to the common interest and permanent harmony of the several states." And other important matters,—thus again was the weightiest part of the business relegated to a subordinate clause. So gingerly was the great question—so dreaded, yet so inevitable—approached! This reference to "other matters" was pronounced by the commissioners to be a vast improvement on the original plan; and Hamilton's address now urged that commissioners be appointed by all the states, to meet in convention at Philadelphia on the second Monday of the following May, "to devise such further provisions as shall appear to them necessary to render the constitution of the federal government adequate to the exigencies of the Union, and to report to Congress such an act as, when agreed to by them, and confirmed by the legislatures of every state, would effectually provide for the same." The report of the commissioners was brought before Congress in October, in the hope that Congress would earnestly recommend to the several states the course of action therein suggested. But Nathan Dane and Rufus King of Massachusetts, intent upon technicalities, succeeded in preventing this. According to King, a convention was an irregular body, which had no right to propose changes in the organic law of the land, and the state legislatures could not properly confirm the acts of such a body, or take notice of them. Congress was the only source from which such proposals could properly emanate. These arguments were pleasing to the self-love of Congress, and it refused to sanction the plan of the Annapolis commissioners.

New York defeats the impost amendment.

In an ordinary season this would perhaps have ended the matter, but the winter of 1786–87 was not an ordinary season. All the troubles above described seemed to culminate just at this moment. The paper-money craze in so many of the states, the shameful deeds of Rhode Island, the riots in Vermont and New Hampshire, the Shays rebellion in Massachusetts, the dispute with Spain, and the consequent imminent danger of separation between north and south had all come together; and the feeling of thoughtful men and women throughout the country was one of real consternation. The last ounce was now to be put upon the camel's back in the failure of the impost amendment. In 1783, when the cessions of western lands were creating a national domain, a promising plan had been devised for relieving the country of its load of debt, and furnishing Congress with money for its current expenses. All the money coming from sales of the western folkland was to be applied to reducing and wiping out the principal of the public debt. Then the interest of this debt must be provided for; and to that end Congress had recommended an impost, or system of custom-house duties, upon liquors, sugars, teas, coffees, cocoa, molasses, and pepper. This impost was to be kept up for twenty-five years only, and the collectors were to be appointed by the several states, each for its own ports. Then for the current expenses of the government, supplementary funds were needed; and these were to be assessed upon the several states, each of which might raise its quota as it saw fit. Such was the original plan; but it soon turned out that the only available source of revenue was the national domain, which had thus been nothing less than the principal thread which had held the Union together. As for the impost, it had never been possible to get a sufficient number of states to agree upon it, and of the quotas for current expenses, as we have seen, very little had found its way to the federal treasury. Under these difficulties, it had been proposed that an amendment to the articles of confederation should endow Congress with the power of levying customs-duties and appointing the collectors; and by the summer of 1786, after endless wrangling, twelve states had consented to the amendment. But, in order that an amendment should be adopted, unanimous consent was necessary. The one delinquent state, which thus blocked the wheels of the confederacy, was New York. She had her little system of duties all nicely arranged for what seemed to be her own interests, and she would not surrender this system to Congress. Upon the neighbouring states her tariff system bore hard, and especially upon New Jersey. In 1786 this little state flatly refused to pay her quota until New York should stop discriminating against her trade. Nothing which occurred in that troubled year caused more alarm than this, for it could not be denied that such a declaration seemed little less than an act of secession on the part of New Jersey. The arguments of a congressional committee at last prevailed upon the state to rescind her declaration. At the same time there came the final struggle in New York over the impost amendment, against which Governor Clinton had firmly set his face. There was a fierce fight, in which Hamilton's most strenuous efforts succeeded in carrying the amendment in part, but not until it had been clogged with a condition that made it useless. Congress, it was declared, might have the revenue, but New York must appoint the collectors; she was not going to have federal officials rummaging about her docks. The legislature well knew that to grant the amendment in such wise was not to grant it at all, but simply to reopen the whole question. Such was the result. Congress expostulated in vain. On the 15th of February, 1787, the matter was reconsidered in the New York legislature, and the impost amendment was defeated.

Sudden changes in popular sentiment.