[Sidenote: Madison and the Religious Freedom Act, 1785.]

At the same time the Episcopal church itself had gradually come to be a minority in the commonwealth. For more than half a century Scotch and Welsh Presbyterians, German Lutherans, English Quakers, and Baptists, had been working their way southward from Pennsylvania and New Jersey, and had settled in the fertile country west of the Blue Ridge. Daniel Morgan, who had won the most brilliant battle of the Revolution, was one of these men, and st.u.r.diness was a chief characteristic of most of them.

So long as these frontier settlers served as a much-needed bulwark against the Indians, the church saw fit to ignore them and let them build meeting-houses and carry on religious services as they pleased.

But when the peril of Indian attack had been thrust westward into the Ohio valley, and these dissenting communities had waxed strong and prosperous, the ecclesiastical party in the state undertook to lay taxes on them for the support of the Church of England, and to compel them to receive Episcopal clergymen to preach for them, to bless them in marriage, and to bury their dead. The immediate consequence was a revolt which not only overthrew the established church in Virginia, but nearly effected its ruin. The troubles began in 1768, when the Baptists had made their way into the centre of the state, and three of their preachers were arrested by the sheriff of Spottsylvania. As the indictment was read against these men for "preaching the gospel contrary to law," a deep and solemn voice interrupted the proceedings. Patrick Henry had come on horseback many a mile over roughest roads to listen to the trial, and this phrase, which savoured of the religious despotisms of old, was quite too much for him. "May it please your worships," he exclaimed, "what did I hear read? Did I hear an expression that these men, whom your worships are about to try for misdemeanour, are charged with preaching the gospel of the Son of G.o.d!" The shamefast silence and confusion which ensued was of ill omen for the success of an undertaking so unwelcome to the growing liberalism of the time. The zeal of the persecuted Baptists was presently reinforced by the learning and the dialectic skill of the Presbyterian ministers. Unlike the Puritans of New England, the Presbyterians were in favour of the total separation of church from state. It was one of their cardinal principles that the civil magistrate had no right to interfere in any way with matters of religion. By taking this broad ground they secured the powerful aid of Thomas Jefferson, and afterwards of Madison and Mason. The controversy went on through all the years of the Revolutionary War, while all Virginia, from the sea to the mountains, rang with fulminations and arguments. In 1776 Jefferson and Mason succeeded in carrying a bill which released all dissenters from parish rates and legalized all forms of worship. At last in 1785 Madison won the crowning victory in the Religious Freedom Act, by which the Church of England was disestablished and all parish rates abolished, and still more, all religious tests were done away with. In this last respect Virginia came to the front among all the American states, as Ma.s.sachusetts had come to the front in the abolition of negro slavery. Nearly all the states still imposed religious tests upon civil office-holders, from simply declaring a general belief in the infallibleness of the Bible to accepting the doctrine of the Trinity. The Virginia statute, which declared that "opinion in matters of religion shall in nowise diminish, enlarge, or affect civil capacities," was translated into French and Italian, and was widely read and commented on in Europe.

It is the historian"s unpleasant duty to add that the victory thus happily won was ungenerously followed up. Theological and political odium combined to overwhelm the Episcopal church in Virginia. The persecuted became persecutors. It was contended that the property of the church, having been largely created by unjustifiable taxation, ought to be forfeited. In 1802 its parsonages and glebe lands were sold, its parishes wiped out, and its clergy left without a calling. "A reckless sensualist," said Dr. Hawks, "administered the morning dram to his guests from the silver cup" used in the communion service. But in all this there is a manifest historic lesson. That it should have been possible thus to deal with the Episcopal church in Virginia shows forcibly the moribund condition into which it had been brought through dependence upon the extraneous aid of a political sovereignty from which the people of Virginia were severing their allegiance. The lesson is most vividly enhanced by the contrast with the church of South Carolina which, rooted in its own soil, was quite able to stand alone when government aid was withdrawn. In Virginia the church in which George Washington was reared had so nearly vanished by the year 1830 that Chief Justice Marshall said it was folly to dream of reviving so dead a thing. Nevertheless, under the n.o.ble ministration of its great bishop, William Meade, the Episcopal church in Virginia, no longer relying upon state aid, but trusting in the divine persuasive power of spiritual truth, was even then entering upon a new life and beginning to exercise a most wholesome influence.

[Sidenote: Mason Weems and Samuel Seabury.]

[Sidenote: November 14, 1784.]

The separation of the English church in America from the English crown was the occasion of a curious difficulty with regard to the ordination of bishops. Until after the Revolution there were no bishops of that church in America, and between 1783 and 1785 it was not clear how candidates for holy orders could receive the necessary consecration. In 1784 a young divinity student from Maryland, named Mason Weems, who had been studying for some time in England, applied to the Bishop of London for admission to holy orders, but was rudely refused. Weems then had recourse to Watson, Bishop of Llandaff, author of the famous reply to Gibbon. Watson treated him kindly and advised him to get a letter of recommendation from the governor of Maryland, but after this had been obtained he referred him to the Archbishop of Canterbury, who said that nothing could be done without the consent of Parliament. As the law stood, no one could be admitted into the ranks of the English clergy without taking the oath of allegiance and acknowledging the king of England as the head of the church. Weems then wrote to John Adams at the Hague, and to Franklin at Paris, to see if there were any Protestant bishops on the Continent from whom he could obtain consecration. A rather amusing diplomatic correspondence ensued, and finally the king of Denmark, after taking theological advice, kindly offered the services of a Danish bishop, who was to perform the ceremony in Latin. Weems does not seem to have availed himself of this permission, probably because the question soon reached a more satisfactory solution.[2] About the same time the Episcopal church in Connecticut sent one of its ministers, Samuel Seabury of New London, to England, to be ordained as bishop. The oaths of allegiance and supremacy stood as much in the way of the learned and famous minister as in that of the young and obscure student.

Seabury accordingly appealed to the non-juring Jacobite bishops of the Episcopal church of Scotland, and at length was duly ordained at Aberdeen as bishop of the diocese of Connecticut. While Seabury was in England, the churches in the various states chose delegates to a general convention, which framed a const.i.tution for the "Protestant Episcopal Church of the United States of America." Advowsons were abolished, some parts of the liturgy were dropped, and the tenure of ministers, even of bishops, was to be during good behaviour. At the same time a friendly letter was sent to the bishops of England, urging them to secure, if possible, an act of Parliament whereby American clergymen might be ordained without taking the oaths of allegiance and supremacy.

Such an act was obtained without much difficulty, and three American bishops were accordingly consecrated in due form. The peculiar ordination of Seabury was also recognized as valid by the general convention, and thus the Episcopal church in America was fairly started on its independent career.

[Sidenote: Francis Asbury and the Methodists.]

This foundation of a separate episcopacy west of the Atlantic was accompanied by the further separation of the Methodists as a distinct religious society. Although John Wesley regarded the notion of an apostolical succession as superst.i.tious, he had made no attempt to separate his followers from the national church. He translated the t.i.tles of "bishop" and "priest" from Greek into Latin and English, calling them "superintendent" and "elder," but he did not deny the king"s headship. Meanwhile during the long period of his preaching there had begun to grow up a Methodist church in America. George Whitefield had come over and preached in Georgia in 1737, and in Ma.s.sachusetts in 1744, where he encountered much opposition on the part of the Puritan clergy. But the first Methodist church in America was founded in the city of New York in 1766. In 1772 Wesley sent over Francis Asbury, a man of shrewd sense and deep religious feeling, to act as his a.s.sistant and representative in this country. At that time there were not more than a thousand Methodists, with six preachers, and all these were in the middle and southern colonies; but within five years, largely owing to the zeal and eloquence of Asbury, these numbers had increased sevenfold.

At the end of the war, seeing the American Methodists cut loose from the English establishment, Wesley in his own house at Bristol, with the aid of two presbyters, proceeded to ordain ministers enough to make a presbytery, and thereupon set apart Thomas c.o.ke to be "superintendent"

or bishop for America. On the same day of November, 1784, on which Seabury was consecrated by the non-jurors at Aberdeen, c.o.ke began preaching and baptizing in Maryland, in rude chapels built of logs or under the shade of forest trees. On Christmas Eve a conference a.s.sembled at Baltimore, at which Asbury was chosen bishop by some sixty ministers present, and ordained by c.o.ke, and the const.i.tution of the Methodist church in America was organized. Among the poor white people of the southern states, and among the negroes, the new church rapidly obtained great sway; and at a somewhat later date it began to a.s.sume considerable proportions in the north.

[Sidenote: Presbyterians; Roman Catholics.]

Four years after this the Presbyterians, who were most numerous in the middle states, organized their government in a general a.s.sembly, which was also attended by Congregationalist delegates from New England in the capacity of simple advisers. The theological difference between these two sects was so slight that an alliance grew up between them, and in Connecticut some fifty years later their names were often inaccurately used as if synonymous. Such a difference seemed to vanish when confronted with the newer differences that began to spring up soon after the close of the Revolution. The revolt against the doctrine of eternal punishment was already beginning in New England, and among the learned and thoughtful clergy of Ma.s.sachusetts the seeds of Unitarianism were germinating. The gloomy intolerance of an older time was beginning to yield to more enlightened views. In 1789 the first Roman Catholic church in New England was dedicated in Boston. So great had been the prejudice against this sect that in 1784 there were only 600 Catholics in all New England. In the four southernmost states, on the other hand, there were 2,500; in New York and New Jersey there were 1,700; in Delaware and Pennsylvania there were 7,700; in Maryland there were 20,000; while among the French settlements along the eastern bank of the Mississippi there were supposed to be nearly 12,000. In 1786 John Carroll, a cousin of Charles Carroll of Carrollton, was selected by the Pope as his apostolic vicar, and was afterward successively made bishop of Baltimore and archbishop of the United States. By 1789 all obstacles to the Catholic worship had been done away with in all the states.

[Sidenote: Except in the instance of slavery, all these changes were favourable to union.]

In this brief survey of the princ.i.p.al changes wrought in the several states by the separation from England, one cannot fail to be struck with their conservative character. Things proceeded just as they had done from time immemorial with the English race. Forms of government were modified just far enough to adapt them to the new situation and no farther. The abolition of entails, of primogeniture, and of such few manorial privileges as existed, were useful reforms of far less sweeping character than similar changes would have been in England; and they were accordingly effected with ease. Even the abolition of slavery in the northern states, where negroes were few in number and chiefly employed in domestic service, wrought nothing in the remotest degree resembling a social revolution. But nowhere was this const.i.tutionally cautious and precedent-loving mode of proceeding more thoroughly exemplified than in the measures just related, whereby the Episcopal and Methodist churches were separated from the English establishment and placed upon an independent footing in the new world. From another point of view it may be observed that all these changes, except in the instance of slavery, tended to a.s.similate the states to one another in their political and social condition. So far as they went, these changes were favourable to union, and this was perhaps especially true in the case of the ecclesiastical bodies, which brought citizens of different states into cooperation in pursuit of specific ends in common.

At the same time this survey most forcibly reminds us how completely the legislation which immediately affected the daily domestic life of the citizen was the legislation of the single state in which he lived.

In the various reforms just pa.s.sed in review the United States government took no part, and could not from the nature of the case. Even to-day our national government has no power over such matters, and it is to be hoped it never will have. But at the present day our national government performs many important functions of common concern, which a century ago were scarcely performed at all. The organization of the single state was old in principle and well understood by everybody. It therefore worked easily, and such changes as those above described were brought about with little friction. On the other hand, the principles upon which the various relations of the states to each other were to be adjusted were not well understood. There was wide disagreement upon the subject, and the attempt to compromise between opposing views was not at first successful. Hence, in the management of affairs which concerned the United States as a nation, we shall not find the central machinery working smoothly or quietly. We are about to traverse a period of uncertainty and confusion, in which it required all the political sagacity and all the good temper of the people to save the half-built ship of state from going to pieces on the rocks of civil contention.

CHAPTER III.

THE LEAGUE OF FRIENDSHIP.

[Sidenote: The several states have never enjoyed complete sovereignty.]

That some kind of union existed between the states was doubted by no one. Ever since the a.s.sembling of the first Continental Congress in 1774 the thirteen commonwealths had acted in concert, and sometimes most generously, as when Maryland and South Carolina had joined in the Declaration of Independence without any crying grievances of their own, from a feeling that the cause of one should be the cause of all. It has sometimes been said that the Union was in its origin a league of sovereign states, each of which surrendered a specific portion of its sovereignty to the federal government for the sake of the common welfare. Grave political arguments have been based upon this alleged fact, but such an account of the matter is not historically true. There never was a time when Ma.s.sachusetts or Virginia was an absolutely sovereign state like Holland or France. Sovereign over their own internal affairs they are to-day as they were at the time of the Revolution, but there was never a time when they presented themselves before other nations as sovereign, or were recognized as such. Under the government of England before the Revolution the thirteen commonwealths were independent of one another, and were held together, juxtaposed rather than united, only through their allegiance to the British crown.

Had that allegiance been maintained there is no telling how long they might have gone on thus disunited; and this, it seems, should be one of our chief reasons for rejoicing that the political connection with England was dissolved when it was. A permanent redress of grievances, and even virtual independence such as Canada now enjoys, we might perhaps have gained had we listened to Lord North"s proposals after the surrender of Burgoyne; but the formation of the Federal Union would certainly have been long postponed, and when we realize the grandeur of the work which we are now doing in the world through the simple fact of such a union, we cannot fail to see that such an issue would have been extremely unfortunate. However this may be, it is clear that until the connection with England was severed the thirteen commonwealths were not united, nor were they sovereign. It is also clear that in the very act of severing their connection with England these commonwealths entered into some sort of union which was incompatible with their absolute sovereignty taken severally. It was not the people of New Hampshire, Ma.s.sachusetts, and so on through the list, that declared their independence of Great Britain, but it was the representatives of the United States in Congress a.s.sembled, and speaking as a single body in the name of the whole. Three weeks before this declaration was adopted, Congress appointed a committee to draw up the "articles of confederation and perpetual union," by which the sovereignty of the several states was expressly limited and curtailed in many important particulars. This committee had finished its work by the 12th of July, but the articles were not adopted by Congress until the autumn of 1777, and they were not finally put into operation until the spring of 1781.

During this inchoate period of union the action of the United States was that of a confederation in which some portion of the several sovereignties was understood to be surrendered to the whole. It was the business of the articles to define the precise nature and extent of this surrendered sovereignty which no state by itself ever exercised. In the mean time this sovereignty, undefined in nature and extent, was exercised, as well as circ.u.mstances permitted, by the Continental Congress.

[Sidenote: The Continental Congress; its extraordinary character.]

A most remarkable body was this Continental Congress. For the vicissitudes through which it pa.s.sed, there is perhaps no other revolutionary body, save the Long Parliament, which can be compared with it. For its origin we must look back to the committees of correspondence devised by Jonathan Mayhew, Samuel Adams, and Dabney Carr. First a.s.sembled in 1774 to meet an emergency which was generally believed to be only temporary, it continued to sit for nearly seven years before its powers were ever clearly defined; and during those seven years it exercised some of the highest functions of sovereignty which are possible to any governing body. It declared the independence of the United States; it contracted an offensive and defensive alliance with France; it raised and organized a Continental army; it borrowed large sums of money, and pledged what the lenders understood to be the national credit for their repayment; it issued an inconvertible paper currency, granted letters of marque, and built a navy. All this it did in the exercise of what in later times would have been called "implied war powers," and its authority rested upon the general acquiescence in the purposes for which it acted and in the measures which it adopted.

Under such circ.u.mstances its functions were very inefficiently performed. But the articles of confederation, which in 1781 defined its powers, served at the same time to limit them; so that for the remaining eight years of its existence the Continental Congress grew weaker and weaker, until it was swept away to make room for a more efficient government.

[Sidenote: The articles of confederation.]

John d.i.c.kinson is supposed to have been the princ.i.p.al author of the articles of confederation; but as the work of the committee was done in secret and has never been reported, the point cannot be determined. In November, 1777, Congress sent the articles to the several state legislatures, with a circular letter recommending them as containing the only plan of union at all likely to be adopted. In the course of the next fifteen months the articles were ratified by all the states except Maryland, which refused to sign until the states laying claim to the northwestern lands, and especially Virginia, should surrender their claims to the confederation. We shall by and by see, when we come to explain this point in detail, that from this action of Maryland there flowed beneficent consequences that were little dreamed of. It was first in the great chain of events which led directly to the formation of the Federal Union. Having carried her point, Maryland ratified the articles on the first day of March, 1781; and thus in the last and most brilliant period of the war, while Greene was leading Cornwallis on his fatal chase across North Carolina, the confederation proposed at the time of the Declaration of Independence was finally consummated.

According to the language of the articles, the states entered into a firm league of friendship with each other; and in order to secure and perpetuate such friendship, the freemen of each state were ent.i.tled to all the privileges and immunities of freemen in all the other states.

Mutual extradition of criminals was established, and in each state full faith and credit was to be given to the records, acts, and judicial proceedings of every other state. This universal intercitizenship was what gave reality to the nascent and feeble Union. In all the common business relations of life, the man of New Hampshire could deal with the man of Georgia on an equal footing before the law. But this was almost the only effectively cohesive provision in the whole instrument.

Throughout the remainder of the articles its language was largely devoted to reconciling the theory that the states were severally sovereign with the visible fact that they were already merged to some extent in a larger political body. The sovereignty of this larger body was vested in the Congress of delegates appointed yearly by the states.

No state was to be represented by less than two or more than seven members; no one could be a delegate for more than three years out of every six; and no delegate could hold any salaried office under the United States. As in colonial times the states had, to preserve their self-government, insisted upon paying their governors and judges, instead of allowing them to be paid out of the royal treasury, so now the delegates in Congress were paid by their own states. In determining questions in Congress, each state had one vote, without regard to population; but a bare majority was not enough to carry any important measure. Not only for such extraordinary matters as wars and treaties, but even for the regular and ordinary business of raising money to carry on the government, not a single step could be taken without the consent of at least nine of the thirteen states; and this provision well-nigh sufficed of itself to block the wheels of federal legislation. The Congress a.s.sembled each year on the first Monday of November, and could not adjourn for a longer period than six months. During its recess the continuity of government was preserved by an executive committee, consisting of one delegate from each state, and known as the "committee of the states." Saving such matters of warfare or treaty as the public interest might require to be kept secret, all the proceedings of Congress were entered in a journal, to be published monthly; and the yeas and nays must be entered should any delegate request it. The executive departments of war, finance, and so forth were intrusted at first to committees, until experience soon showed the necessity of single heads. There was a president of Congress, who, as representing the dignity of the United States, was, in a certain sense, the foremost person in the country, but he had no more power than any other delegate.

Of the fourteen presidents between 1774 and 1789, perhaps only Randolph, Hanc.o.c.k, and Laurens are popularly remembered in that capacity; Jay, St.

Clair, Mifflin, and Lee are remembered for other things; Hanson, Griffin, and Boudinot are scarcely remembered at all, save by the student of American history.

Between the Congress thus const.i.tuted and the several state governments the attributes of sovereignty were shared in such a way as to produce a minimum of result with a maximum of effort. The states were prohibited from keeping up any naval or military force, except militia, or from entering into any treaty or alliance, either with a foreign power or between themselves, without the consent of Congress. No state could engage in war except by way of defence against a sudden Indian attack.

Congress had the sole right of determining on peace and war, of sending and receiving amba.s.sadors, of making treaties, of adjudicating all disputes between the states, of managing Indian affairs, and of regulating the value of coin and fixing the standard of weights and measures. Congress took control of the post-office on condition that no more revenue should be raised from postage than should suffice to discharge the expenses of the service. Congress controlled the army, but was provided with no means of raising soldiers save through requisitions upon the states, and it could only appoint officers above the rank of colonel; the organization of regiments was left entirely in the hands of the states. The traditional and wholesome dread of a standing army was great, but there was no such deep-seated jealousy of a navy, and Congress was accordingly allowed not only to appoint all naval officers, but also to establish courts of admiralty.

[Sidenote: The articles failed to create a federal government endowed with real sovereignty.]

Several essential attributes of sovereignty were thus withheld from the states; and by a.s.suming all debts contracted by Congress prior to the adoption of the articles, and solemnly pledging the public faith for their payment, it was implicitly declared that the sovereignty here accorded to Congress was substantially the same as that which it had a.s.serted and exercised ever since the severing of the connection with England. The articles simply defined the relations of the states to the Confederation as they had already shaped themselves. Indeed, the articles, though not finally ratified till 1781, had been known to Congress and to the people ever since 1776 as their expected const.i.tution, and political action had been shaped in general accordance with the theory on which they had been drawn up. They show that political action was at no time based on the view of the states as absolutely sovereign, but they also show that the share of sovereignty accorded to Congress was very inadequate even to the purposes of an effective confederation. The position in which they left Congress was hardly more than that of the deliberative head of a league. For the most fundamental of all the attributes of sovereignty--the power of taxation--was not given to Congress. It could neither raise taxes through an excise nor through custom-house duties; it could only make requisitions upon the thirteen members of the confederacy in proportion to the a.s.sessed value of their real estate, and it was not provided with any means of enforcing these requisitions. On this point the articles contained nothing beyond the vague promise of the states to obey. The power of levying taxes was thus retained entirely by the states. They not only imposed direct taxes, as they do to-day, but they laid duties on exports and imports, each according to its own narrow view of its local interests. The only restriction upon this was that such state-imposed duties must not interfere with the stipulations of any foreign treaties such as Congress might make in pursuance of treaties already proposed to the courts of France and Spain. Besides all this, the states shared with Congress the powers of coining money, of emitting bills of credit, and of making their promissory notes a legal tender for debts.

Such was the const.i.tution under which the United States had begun to drift toward anarchy even before the close of the Revolutionary War, but which could only be amended by the unanimous consent of all the thirteen states. The historian cannot but regard this difficulty of amendment as a fortunate circ.u.mstance; for in the troubles which presently arose it led the distressed people to seek some other method of relief, and thus prepared the way for the Convention of 1787, which destroyed the whole vicious scheme, and gave us a form of government under which we have just completed a century unparalleled for peace and prosperity. Besides this extreme difficulty of amendment, the fatal defects of the Confederation were three in number. The first defect was the two thirds vote necessary for any important legislation in Congress; under this rule any five of the states--as, for example, the four southernmost states with Maryland, or the four New England states with New Jersey--could defeat the most sorely needed measures. The second defect was the impossibility of presenting a united front to foreign countries in respect to commerce. The third and greatest defect was the lack of any means, on the part of Congress, of enforcing obedience. Not only was there no federal executive or judiciary worthy of the name, but the central government operated only upon states, and not upon individuals.

Congress could call for troops and for money in strict conformity with the articles; but should any state prove delinquent in furnishing its quota, there were no const.i.tutional means of compelling it to obey the call. This defect was seen and deplored at the outset by such men as Washington and Madison, but the only remedy which at first occurred to them was one more likely to kill than to cure. Only six weeks after the ratification of the articles, Madison proposed an amendment "to give to the United States full authority to employ their force, as well by sea as by land, to compel any delinquent state to fulfil its federal engagements." Washington approved of this measure, hoping, as he said, that "a knowledge that this power was lodged in Congress might be the means to prevent its ever being exercised, and the more readily induce obedience. Indeed," added Washington, "if Congress were unquestionably possessed of the power, nothing should induce the display of it but obstinate disobedience and the urgency of the general welfare." Madison argued that in the very nature of the Confederation such a right of coercion was necessarily implied, though not expressed in the articles, and much might have been said in behalf of this opinion. The Confederation explicitly declared itself to be perpetual, yet how could it perpetuate itself for a dozen years without the right to coerce its refractory members? Practically, however, the remedy was one which could never have been applied without breaking the Confederation into fragments. To use the army or navy in coercing a state meant nothing less than civil war. The local yeomanry would have turned out against the Continental army with as high a spirit as that with which they swarmed about the British enemy at Lexington or King"s Mountain. A government which could not collect the taxes for its yearly budget without firing upon citizens or blockading two or three harbours would have been the absurdest political anomaly imaginable. No such idea could have entered the mind of a statesman save from the hope that if one state should prove refractory, all the others would immediately frown upon it and uphold Congress in overawing it. In such case the knowledge that Congress had the power would doubtless have been enough to make its exercise unnecessary. But in fact this hope was disappointed, for the delinquency of each state simply set an example of disobedience for all the others to follow; and the amendment, had it been carried, would merely have armed Congress with a threat which everybody would have laughed at. So manifestly hopeless was the case to Pelatiah Webster that as early as May, 1781, he published an able pamphlet, urging the necessity for a federal convention for overhauling the whole scheme of government from beginning to end.

[Sidenote: Military weakness of the government.]

The military weakness due to this imperfect governmental organization may be ill.u.s.trated by comparing the number of regular troops which Congress was able to keep in the field during the Revolutionary War with the number maintained by the United States government during the War of Secession. A rough estimate, obtained from averages, will suffice to show the broad contrast. In 1863, the middle year of the War of Secession, the total population of the loyal states was about 23,491,600, of whom about one fifth, or 4,698,320, were adult males of military age. Supposing one adult male out of every five to have been under arms at one time, the number would have been 939,664. Now the total number of troops enlisted in the northern army during the four years of the war, reduced to a uniform standard, was 2,320,272, or an average of 580,068 under arms in any single year. In point of fact, this average was reached before the middle of the war, and the numbers went on increasing, until at the end there were more than a million men under arms,--at least one out of every five adult males in the northern states. On the other hand, in 1779, the middle year of the Revolutionary War, the white population of the United States was about 2,175,000, of whom 435,000 were adult males of military age. Supposing one out of every five of these to have been under arms at once, the number would have been 87,000. Now in the spring of 1777, when the Continental Congress was at the highest point of authority which it ever reached, when France was willing to lend it money freely, when its paper currency was not yet discredited and it could make liberal offers of bounties, a demand was made upon the states for 80,000 men, or nearly one fifth of the adult male population, to serve for three years or during the war.

Only 34,820 were obtained. The total number of men in the field in that most critical year, including the swarms of militia who came to the rescue at Ridgefield and Bennington and Oriskany, and the Pennsylvania militia who turned out while their state was invaded, was 68,720. In 1781, when the credit of Congress was greatly impaired, although military activity again rose to a maximum and it was necessary for the people to strain every nerve, the total number of men in the field, militia and all, was only 29,340, of whom only 13,292 were Continentals; and it was left for the genius of Washington and Greene, working with desperate energy and most pitiful resources, to save the country. A more impressive contrast to the readiness with which the demands of the government were met in the War of Secession can hardly be imagined. Had the country put forth its strength in 1781 as it did in 1864, an army of 90,000 men might have overwhelmed Clinton at the north and Cornwallis at the south, without asking any favours of the French fleet. Had it put forth its full strength in 1777, four years of active warfare might have been spared. Mr. Lecky explains this difference by his favourite hypothesis that the American Revolution was the work of a few ultra-radical leaders, with whom the people were not generally in sympathy; and he thinks we could not expect to see great heroism or self-sacrifice manifested by a people who went to war over what he calls a "money dispute."[3] But there is no reason for supposing that the loyalists represented the general sentiment of the country in the Revolutionary War any more than the peace party represented the general sentiment of the northern states in the War of Secession. There is no reason for supposing that the people were less at heart in 1781 in fighting for the priceless treasure of self-government than they were in 1864 when they fought for the maintenance of the pacific principles underlying our Federal Union. The differences in the organization of the government, and in its power of operating directly upon the people, are quite enough to explain the difference between the languid conduct of the earlier war and the energetic conduct of the later.

[Sidenote: Extreme difficulty of obtaining a revenue.]

Impossible as Congress found it to fill the quotas of the army, the task of raising a revenue by requisitions upon the states was even more discouraging. Every state had its own war-debt, and several were applicants for foreign loans not easy to obtain, so that none could without the greatest difficulty raise a surplus to hand over to Congress. The Continental rag-money had ceased to circulate by the end of 1780, and our foreign credit was nearly ruined. The French government began to complain of the heavy demands which the Americans made upon its exchequer, and Vergennes, in sending over a new loan in the fall of 1782, warned Franklin that no more must be expected. To save American credit from destruction, it was at least necessary that the interest on the public debt should be paid. For this purpose Congress in 1781 asked permission to levy a five per cent. duty on imports. The modest request was the signal for a year of angry discussion. Again and again it was asked, If taxes could thus be levied by any power outside the state, why had we ever opposed the Stamp Act or the tea duties? The question was indeed a serious one, and as an instance of reasoning from a.n.a.logy seemed plausible enough. After more than a year Ma.s.sachusetts consented, by a bare majority of two in the House and one in the Senate, reserving to herself the right of appointing the collectors. The bill was then vetoed by Governor Hanc.o.c.k, though one day too late, and so it was saved. But Rhode Island flatly refused her consent, and so did Virginia, though Madison earnestly pleaded the cause of the public credit. For the current expenses of the government in that same year $9,000,000 were needed. It was calculated that $4,000,000 might be raised by a loan, and the other $5,000,000 were demanded of the states. At the end of the year $422,000 had been collected, not a cent of which came from Georgia, the Carolinas, or Delaware. Rhode Island, which paid $38,000, did the best of all according to its resources. Of the Continental taxes a.s.sessed in 1783, only one-fifth part had been paid by the middle of 1785. And the worst of it was that no one could point to a remedy for this state of things, or a.s.sign any probable end to it.

[Sidenote: Dread of the army.]

[Sidenote: Supposed scheme for making Washington king.]

Under such circ.u.mstances the public credit sank at home as well as abroad. Foreign creditors--even France, who had been nothing if not generous with her loans--might be made to wait; but there were creditors at home who, should they prove ugly, could not be so easily put off. The disbandment of the army in the summer of 1783, before the British troops had evacuated New York, was hastened by the impossibility of paying the soldiers and the dread of what they might do under such provocation.

Though peace had been officially announced, Hamilton and Livingston urged that, for the sake of appearances if for no other reason, the army should be kept together so long as the British remained in New York, if not until they should have surrendered the western frontier posts. But Congress could not pay the army, and was afraid of it,--and not without some reason. Discouraged at the length of time which had pa.s.sed since they had received any money, the soldiers had begun to fear lest, now that their services were no longer needed, their honest claims would be set aside. Among the officers, too, there was grave discontent. In the spring of 1778, after the dreadful winter at Valley Forge, several officers had thrown up their commissions, and others threatened to do likewise. To avert the danger, Washington had urged Congress to promise half-pay for life to such officers as should serve to the end of the war. It was only with great difficulty that he succeeded in obtaining a promise of half-pay for seven years, and even this raised an outcry throughout the country, which seemed to dread its natural defenders only less than its enemies. In the fall of 1780, however, in the general depression which followed upon the disasters at Charleston and Camden, the collapse of the paper money, and the discovery of Arnold"s treason, there was serious danger that the army would fall to pieces. At this critical moment Washington had earnestly appealed to Congress, and against the strenuous opposition of Samuel Adams had at length extorted the promise of half-pay for life. In the spring of 1782, seeing the utter inability of Congress to discharge its pecuniary obligations, many officers began to doubt whether the promise would ever be kept. It had been made before the articles of confederation, which required the a.s.sent of nine states to any such measure, had been finally ratified. It was well known that nine states had never been found to favour the measure, and it was now feared that it might be repealed or repudiated, so loud was the popular clamour against it. All this comes of republican government, said some of the officers; too many cooks spoil the broth; a dozen heads are as bad as no head; you do not know whose promises to trust; a monarchy, with a good king whom all men can trust, would extricate us from these difficulties. In this mood, Colonel Louis Nicola, of the Pennsylvania line, a foreigner by birth, addressed a long and well-argued letter to Washington, setting forth the troubles of the time, and urging him to come forward as a saviour of society, and accept the crown at the hands of his faithful soldiers. Nicola was an aged man, of excellent character, and in making this suggestion he seemed to be acting as spokesman of a certain clique or party among the officers,--how numerous is not known. Washington instantly replied that Nicola could not have found a person to whom such a scheme could be more odious, and he was at a loss to conceive what he had ever done to have it supposed that he could for one moment listen to a suggestion so fraught with mischief to his country. Lest the affair, becoming known, should enhance the popular distrust of the army, Washington said nothing about it. But as the year went by, and the outcry against half-pay continued, and Congress showed symptoms of a willingness to compromise the matter, the discontent of the army increased. Officers and soldiers brooded alike over their wrongs. "The army," said General Macdougall, "is verging to that state which, we are told, will make a wise man mad."

The peril of the situation was increased by the well-meant but injudicious whisperings of other public creditors, who believed that if the army would only take a firm stand and insist upon a grant of permanent funds to Congress for liquidating all public debts, the states could probably be prevailed upon to make such a grant. Robert Morris, the able secretary of finance, held this opinion, and did not believe that the states could be brought to terms in any other way. His namesake and a.s.sistant, Gouverneur Morris, held similar views, and gave expression to them in February, 1783, in a letter to General Greene, who was still commanding in South Carolina. When Greene received the letter, he urged upon the legislature of that state, in most guarded and moderate language, the paramount need of granting a revenue to Congress, and hinted that the army would not be satisfied with anything less. The a.s.sembly straightway flew into a rage. "No dictation by a Cromwell!"

shouted the members. South Carolina had consented to the five per cent.

impost, but now she revoked it, to show her independence, and Greene"s eyes were opened at once to the danger of the slightest appearance of military intervention in civil affairs.

[Sidenote: The dangerous Newburgh address, March 11, 1783.]

At the same time a violent outbreak in the army at Newburgh was barely prevented by the unfailing tact of Washington. A rumour went about the camp that it was generally expected the army would not disband until the question of pay should be settled, and that the public creditors looked to them to make some such demonstration as would overawe the delinquent states. General Gates had lately emerged from the retirement in which he had been fain to hide himself after Camden, and had rejoined the army where there was now such a field for intrigue. An odious aroma of impotent malice clings about his memory on this last occasion on which the historian needs to notice him. He plotted in secret with officers of the staff and others. One of his staff, Major Armstrong, wrote an anonymous appeal to the troops, and another, Colonel Barber, caused it to be circulated about the camp. It named the next day for a meeting to consider grievances. Its language was inflammatory. "My friends!" it said, "after seven long years your suffering courage has conducted the United States of America through a doubtful and b.l.o.o.d.y war; and peace returns to bless--whom? A country willing to redress your wrongs, cherish your worth, and reward your services? Or is it rather a country that tramples upon your rights, disdains your cries, and insults your distresses? ... If such be your treatment while the swords you wear are necessary for the defence of America, what have you to expect when those very swords, the instruments and companions of your glory, shall be taken from your sides, and no mark of military distinction left but your wants, infirmities, and scars? If you have sense enough to discover and spirit to oppose tyranny, whatever garb it may a.s.sume, awake to your situation. If the present moment be lost, your threats hereafter will be as empty as your entreaties now. Appeal from the justice to the fears of government, and suspect the man who would advise to longer forbearance."

Better English has seldom been wasted in a worse cause. Washington, the man who was aimed at in the last sentence, got hold of the paper next day, just in time, as he said, "to arrest the feet that stood wavering on a precipice." The memory of the revolt of the Pennsylvania line, which had so alarmed the people in 1781, was still fresh in men"s minds; and here was an invitation to more wholesale mutiny, which could hardly fail to end in bloodshed, and might precipitate the perplexed and embarra.s.sed country into civil war. Washington issued a general order, recognizing the existence of the manifesto, but overruling it so far as to appoint the meeting for a later day, with the senior major-general, who happened to be Gates, to preside. This order, which neither discipline nor courtesy could disregard, in a measure tied Gates"s hands, while it gave Washington time to ascertain the extent of the disaffection. On the appointed day he suddenly came into the meeting, and amid profoundest silence broke forth in a most eloquent and touching speech. Sympathizing keenly with the sufferings of his hearers, and fully admitting their claims, he appealed to their better feelings, and reminded them of the terrible difficulties under which Congress laboured, and of the folly of putting themselves in the wrong. He still counselled forbearance as the greatest of victories, and with consummate skill he characterized the anonymous appeal as undoubtedly the work of some crafty emissary of the British, eager to disgrace the army which they had not been able to vanquish. All were hushed by that majestic presence and those solemn tones. The knowledge that he had refused all pay, while enduring more than any other man in the room, gave added weight to every word. In proof of the good faith of Congress he began reading a letter from one of the members, when, finding his sight dim, he paused and took from his pocket the new pair of spectacles which the astronomer David Rittenhouse had just sent him. He had never worn spectacles in public, and as he put them on he said, in his simple manner and with his pleasant smile, "I have grown gray in your service, and now find myself growing blind." While all hearts were softened he went on reading the letter, and then withdrew, leaving the meeting to its deliberations. There was a sudden and mighty revulsion of feeling. A motion was reported declaring "unshaken confidence in the justice of Congress;" and it was added that "the officers of the American army view with abhorrence and reject with disdain the infamous proposals contained in a late anonymous address to them." The crestfallen Gates, as chairman, had nothing to do but put the question and report it carried unanimously; for if any still remained obdurate they no longer dared to show it. Washington immediately set forth the urgency of the case in an earnest letter to Congress, and one week later the matter was settled by an act commuting half-pay for life into a gross sum equal to five years"

full pay, to be discharged at once by certificates bearing interest at six per cent. Such poor paper was all that Congress had to pay with, but it was all ultimately redeemed; and while the commutation was advantageous to the government, it was at the same time greatly for the interest of the officers, while they were looking out for new means of livelihood, to have their claims adjusted at once, and to receive something which could do duty as a respectable sum of money.

[Sidenote: Congress driven from Philadelphia by mutinous soldiers, June 21, 1783.]