Discussion began in June, 1787, behind closed doors, with a draft plan agreed upon by the Virginia members as the working project. This was a bold scheme, calling for the creation of a single great State, relying on the people for its authority, superior to the existing States, and able, if necessary, to coerce them; in reality, a fusion of the United States into a single commonwealth. In opposition to this, the representatives of the smaller States—Delaware, New Jersey, Maryland and Connecticut—aided by the conservative members from New York, announced that they would never consent to any plan which did not safeguard the individuality and equality of their States; and, although the Virginia plan commanded a majority of those present, its supporters were obliged to permit a compromise in order to prevent an angry dissolution of the convention. In keeping with a suggestion of the {140} Connecticut members, it was agreed that one House of the proposed legislature should contain an equal representation of the States, while the other should be based on population.

The adoption of this compromise put an end to the danger of disruption, for all but a few irreconcilables were now ready to co-operate; and in the course of a laborious session a final draft was hammered out, with patchings, changes, and additional compromises to safeguard the interests of the plantation States in the institution of slavery.

When the convention adjourned, it placed before the people of America a document which was a novelty in the field of government. In part, it aimed to establish a great State, on the model of the American States, which in turn derived their features from the colonial governments. It had a Congress of two Houses, an executive with independent powers, and a judiciary authorized to enforce the laws of the United States. Congress was given full and exclusive power over commerce, currency, war and peace, and a long list of enumerated activities involving inter-State questions, and was authorized to pass all laws necessary and proper to the carrying out of any of the powers named in the constitution. Further, the constitution, the federal laws, and treaties were declared to be the supreme {141} law of the land, anything in a State law or constitution notwithstanding. In addition, the States were expressly forbidden to enter the fields reserved to the federal government, and were prohibited from infringing the rights of property. On the other hand, the new government could not exist without the co-operation of the States in providing for the election of electors,—to choose a president—of senators, and of congressmen. It was a new creation, a federal State.

There now followed a sharp and decisive contest to gain the necessary ratification by nine commonwealths. At first, the advocates of strong government, by a rapid campaign, secured the favourable votes of half-a-dozen States in quick succession; but when it came the turn of New York, Massachusetts, and Virginia, the conservative, localistic instincts of the farmers and older people were roused to make a strenuous resistance. The "Federalists," as the advocates of the new government termed themselves, had to meet charges that the proposed scheme would crush the liberties of the State, reduce them to ciphers, and set up an imitation of the British monarchy. But, by the eager urging of the foremost lawyers and most influential men of the day, the tide was turned and ratification carried, although with the utmost difficulty, and usually with {142} the recommendation of amendments to perfect the constitution. In June, 1788, the contest ended; and, although Rhode Island and North Carolina remained unreconciled, the other eleven States proceeded to set up the new government.

In the winter of 1789, in accordance with a vote of the Congress of the Confederation, the States chose electors and senators, and the people voted for representatives. But one possible candidate existed for the presidency, namely, the hero of the Revolutionary War; and accordingly Washington received the unanimous vote of the whole electoral college. With him, John Adams was chosen vice-president, by a much smaller majority. The Congress, which slowly assembled, was finally able to count and declare the votes, the two officers were inaugurated, and the new government was ready to assume its functions.

There followed a period of rapid and fundamental legislation. In the new Congress were a body of able men, by far the greater number of them zealous to establish a strong authoritative government, and to complete the victory of the Federalists. The defeated States' Rights men now stood aside, watching their conquerors carry their plan to its conclusion. Led for the most part by James Madison of the House, {143} Congress passed Acts creating executive departments with federal officials; establishing a full independent federal judiciary, resident in every State, with a supreme court above all; imposing a tariff for revenue and for protection to American industries, and appropriating money to settle the debts of the late confederation. In addition, it framed and submitted to the States a series of constitutional amendments whose object was to meet Anti-federalist criticisms by securing the individual against oppression from the federal government. When Congress adjourned in September, 1789, after its first session, it had completed a thoroughgoing political revolution. In place of a loose league of entirely independent States, there now existed a genuine national government, able to enforce its will upon individuals and to perform all the functions of any State.

That the American people, with their political inheritance, should have consented even by a small majority to abandon their traditional lax government, remains one of the most remarkable political decisions in history. It depended upon the concurrence of circumstances which, for the moment, forced all persons of property and law-abiding instincts to join together in all the States to remedy an intolerable situation. {144} The leaders, as might be expected, were a different race of statesmen, on the whole, from those who had directed events prior to 1776. Washington and Franklin favoured the change; but Richard Henry Lee and Patrick Henry were eager opponents, Samuel Adams was unfriendly, and Thomas Jefferson, in Paris, was unenthusiastic. The main work was done by Hamilton, Madison, John Marshall, Gouverneur Morris, Fisher Ames—men who were children in the days of the Stamp Act. The old agitators and revolutionists were superseded by a new type of politicians, whose interests lay in government, not opposition.

But the fundamental American instincts were not in reality changed; they had only ebbed for the moment. No sooner did Congress meet in its second session in January, 1790, and undertake the task of reorganizing the chaotic finances of the country, than political unanimity vanished, and new sectional and class antagonisms came rapidly to the front in which could be traced the return of the old-time colonial habits. The central figure was no longer Madison, but Hamilton, Secretary of the Treasury, who aspired to be a second William Pitt, and submitted an elaborate scheme for refunding the entire American debt. In addition, he called for an excise tax, and {145} later recommended the chartering of a National Bank to serve the same function in America that the Bank of England performed in Great Britain.

Daring, far-sighted, based on the methods of English financiers, Hamilton's plans bristled with points certain to arouse antagonism. He proposed to refund and pay the debt at its face value to actual holders, regardless of the fact that the nearly worthless federal stock and certificates of indebtedness had fallen into the hands of speculators; he recommended that the United States should assume, fund, and pay the war debt of the States, disregarding the fact that, while some States were heavily burdened, others had discharged their obligations. He urged an excise tax on liquors, although such an internal tax was an innovation in America and was certain to stir intense opposition; he suggested the chartering of a powerful bank, in spite of the absence of any clause in the constitution authorizing such action. Hamilton was, in fact, a great admirer of the English constitution and political system, and he definitely intended to strengthen the new government by making it the supreme financial power and enlisting in its support all the moneyed interests of the country. Property, as in England, must be the basis of government.

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