V. ――COMMERCE
In the rapid growth of their commerce, the United States have enjoyed a most wonderful prosperity. We have, in a previous chapter, alluded to the restrictive measures adopted by the mother country, while we remained in colonial subjection, and it will not be necessary to enter into farther details on that subject. During the revolutionary difficulties, the traffic which had previously existed was of course suspended, and after the peace, commerce was still embarrassed with numerous impediments. These found their origin in the very nature of the confederation, and were inseparable from the confused and ineffective powers of such a political system. Congress had no power to impose any duties without the unanimous consent of the states, and it is apparent at once how entirely impossible it was, under such circumstances, to adjust a system that should be universally acceptable. The foreign articles on which Pennsylvania laid a duty, New Jersey admitted free; facility of smuggling from one of these states to the other was unavoidable from their situation.
The several states laid different rates of duty on foreign tonnage; in some, one shilling sterling per ton was imposed on vessels which in other states paid three shillings per ton. Such was the misunderstanding among the several states, that there were no general commercial regulations; nor could congress enforce any, while the opposition of any one of the states could prevent the passage of any act on the subject. The evil of this condition of affairs was flagrantly manifest, when, to provide a fund to discharge the public debt, and to pay the arrears of the revolutionary soldiers, it was proposed to congress, during the operation of the articles of confederation, to lay a duty of five per cent. ad valorem on all foreign merchandise imported, and the opposition of Rhode Island alone was sufficient to defeat the plan.
European nations gladly availed themselves of the embarrassed situation of our affairs, and labored to throw every obstacle in the way of our increasing commerce. They refused to negotiate commercial treaties; for even those nations which were ready to countenance our assertion of independence, were not ready to receive us as competitors and rivals in a struggle where their own interests were so deeply involved. The call for an amendment of the regulations on foreign trade, was one of the leading inducements to the change of the old confederation, and the new constitution embraced the necessary provisions for the establishment of a successful intercourse with foreign nations. Not long after the adoption of the new constitution, Mr. Jefferson, then secretary of state, proposed a liberal system of policy in relation to this intercourse. His report on the subject of our commercial relations at that period, contains a variety of interesting matter, which enables us to make a correct comparison between the condition of our trade at that period and its present very great increase. This report was prepared in the summer of 1792. The countries with which the United States had commercial intercourse at that period were Spain, Portugal, France, Great Britain, the United Netherlands, Denmark, and Sweden, and their American possessions: and the articles of export, which constitute the basis of that commerce, with their respective amounts, were,
Bread stuff, that is to say, bread grains, meals, and bread, to the annual amount of $ 7,649,887 Tobacco 4,349,567 Rice 1,753,796 Wood 1,263,534 Salted fish 941,696 Pot and pearl ashes 839,093 Salted meats 599,130 Indigo 537,379 Horses and mules 339,753 Whale oil 252,591 Flax seed 236,072 Tar, pitch, and turpentine 217,177 Live provisions 137,743 Ships Foreign goods 620,274
To descend to articles of smaller value than these, would lead into a minuteness of detail neither necessary nor useful to the present object.
The proportions of our exports, which went to the nations before mentioned, and to their dominions respectively, were as follows:
To Spain and its dominions $ 2,005,907 Portugal and its dominions 1,283,462 France and its dominions 4,698,735 Great Britain and its dominions 9,363,416 The United Netherlands and their dominions 1,963,880 Denmark and its dominions 224,415 Sweden and its dominions 47,240
Our imports from the same countries were,
Spain and its dominions $ 335,110 Portugal and its dominions 595,763 France and its dominions 2,068,348 Great Britain and its dominions 15,285,428 United Netherlands and their dominions 1,172,692 Denmark and its dominions 351,364 Sweden and its dominions 14,325
These imports consist mostly of articles on which industry has been exhausted.
Our navigation, depending on the same commerce, will appear by the following statement of the tonnage of our own vessels, entering in our ports, from those several nations and their possessions, in one year; that is to say, from October, 1789, to September, 1790, inclusive, as follows
Spain 19,695 tons Portugal 23,576 “ France 116,410 “ Great Britain 43,580 “ United Netherlands 58,858 “ Denmark 14,655 “ Sweden 750 “
The report then goes on to describe the degree of favor with which each of the several articles of export is received in each of the nations mentioned, and the nature and extent of the restrictions which had been adopted by each government in reference to American commerce. It then proceeds to the investigation of the question, how may these restrictions be removed, modified, or counteracted? Two methods are suggested; first, by friendly arrangements with the several nations with whom these restrictions exist; or, secondly, by the separate act of our own legislatures for countervailing their effects. The views taken in this report have so important a bearing on many political subjects that have of late years agitated the country, and indicate so clearly the opinions of Mr. Jefferson in regard to the constitutional powers of Congress, in regulating commerce, that it seems not improper to present in this connection the following extracts:
‘Instead of embarrassing commerce under piles of regulating laws, duties, and prohibitions, could it be relieved from all its shackles in all parts of the world; could every country be employed in producing that which nature has best fitted it to produce, and each be free to exchange with others mutual surplusses for mutual wants, the greatest mass possible would then be produced of those things which contribute to human life and human happiness; the numbers of mankind would be increased, and their condition bettered.
‘Would even a single nation begin with the United States this system of free commerce, it would be advisable to begin it with that nation; since it is one by one only, that it can be extended to all. Where the circumstances of either party render it expedient to levy a revenue, by way of impost, on commerce, its freedom might be modified, in that particular, by mutual and equivalent measures, preserving it entire in all others.
‘Some nations, not yet ripe for free commerce in all its extent, might still be willing to mollify its restrictions and regulations for us, in proportion to the advantages which an intercourse with us might offer. Particularly they may concur with us in reciprocating the duties to be levied on each side, or in compensating any excess of duty by equivalent advantages of another nature. Our commerce is certainly of a character to entitle it to favor in most countries. The commodities we offer are either necessaries of life, or materials for manufacture, or convenient subjects of revenue; and we take in exchange, either manufactures, when they have received the last finish of art and industry, or mere luxuries. Such customers may reasonably expect welcome and friendly treatment at every market. Customers, too, whose demands, increasing with their wealth and population, must very shortly give full employment to the whole industry of any nation whatever, in any line of supply they may get into the habit of calling for from it.
‘But should any nation, contrary to our wishes, suppose it may better find its advantage by continuing its system of prohibitions, duties, and regulations, it behoves us to protect our citizens, their commerce and navigation, by counter prohibitions, duties, and regulations, also. Free commerce and navigation are not to be given in exchange for restrictions and vexations, nor are they likely to produce a relaxation of them.
‘Our navigation involves still higher considerations. As a branch of industry, it is valuable, but as a resource of defence, essential.
‘Its value, as a branch of industry, is enhanced by the dependence of so many other branches on it. In times of general peace, it multiplies competitors for employment in transportation, and so keeps that at its proper level; and in times of war, that is to say, when those nations who may be our principal carriers, shall be at war with each other, if we have not within ourselves the means of transportation, our produce must be exported in belligerent vessels, at the increased expense of war-freight and insurance, and the articles which will not bear that, must perish on our hands.’
The troubled situation of affairs in Europe exerted a very favorable influence on American commerce. The wars which followed in the train of the French revolution, created a demand for our exports, and invited our shipping for the carrying trade of a very considerable portion of Europe. American bottoms not only carried the colonial productions to the several parent states, but our merchants became the purchasers of them in the French, Spanish, and Dutch colonies. A new era was established in our commercial history. Large numbers of individuals embarked in commercial enterprises, and the other departments of industry were comparatively deserted. The most adventurous became the most wealthy, and that, too, without any knowledge of the principles on which trade is usually conducted. No one confined himself to a single branch of business, but the same individual was concerned in voyages to the four quarters of the globe. Our tonnage increased with a rapidity proportioned to its demand; in proportion to our population, we ranked as the most commercial of nations; in point of value, our trade was second only to that of Great Britain.
This astonishing increase of commercial connections, and consequent accumulation of wealth, could not but excite the jealousy of European nations, and eventually occasioned a series of restrictive and prohibitory codes, on the part of England and France, at that time belligerent, by which the Americans, as a neutral power, suffered infinite damage. Indeed, between the years 1804 and 1807, inclusive, above one thousand American merchant vessels were captured by nations professedly at peace with the United States, for alleged breaches of blockade, or of commercial decrees. Under these circumstances, the government of the United States, at the close of the year 1807, resorted to an embargo, to prevent the destruction of the mercantile navy, which was continued till March, 1809. Thus the export trade of the United States, after having, in the course of sixteen years, from 1790 to 1806, acquired an augmentation of nearly ninety millions of dollars, was, in 1807, reduced by a single blow to the aggregate of twenty-two millions, four hundred and thirty thousand, nine hundred and sixty dollars, being only one million, six hundred and seventy-seven thousand, eight hundred and sixty-two dollars more than the amount in 1791, the second year after the organization of the present government. On raising the embargo, commerce at once revived, and during the years 1809 and 1810, the amount of exports, so far as related to domestic products, was greater than the average of the ten years from 1802 to 1812.
Subsequently to the declaration of war with Great Britain, the export trade of the United States was materially depressed, till, in the year 1814, it did not amount to seven millions of dollars. At the conclusion of the war, the exports rose in 1815 to fifty-two millions; in 1816, to eighty-one; in 1817, to eighty-seven; in 1818, to ninety-three. From 1819 to 1824, the amount ranged between sixty-five and seventy-five millions, the average being above seventy; but in 1825, the amount of exports again rose to nearly one hundred millions of dollars. From 1826 to 1830, the exports ranged from seventy to eighty millions; the exports of foreign goods have materially declined, the amount for 1830 being little more than fourteen millions, a smaller amount than any year since 1803, except those of the embargo and war, while the domestic exports are nearly sixty millions, an amount exceeding those of any preceding year, excepting the years 1816, ’17, ’18, and ’25.
The official accounts presented to congress divide the exports into four classes: products of the sea, the forest, agriculture, and manufactures. The following is a summary of the exports of the year 1830; the details of this and other years will be found in the tabular views at the end of the volume. The products of the sea, consisting of the results of the whale, cod, mackerel, and herring fisheries, exported mostly from the northern states, amount to one million, seven hundred and twenty-five thousand, two hundred and seventy dollars, being nearly a thirty-fifth part of the whole domestic exports. About one third of this value consists of codfish, and more than half of the products of the whale fisheries.
The value of skins, furs, ginseng, amber, staves, bark, tar, pitch, resin, and turpentine, and pot and pearl ashes, partly from the northern and partly from the southern states, which were formerly of much greater comparative importance, now constitutes nearly one fifteenth part of the whole value of domestic exports, and amounts to four millions, one hundred and ninety-two thousand, and forty dollars. A large proportion of the trade in these articles, as well as in those of codfish and bread stuffs, is carried on with the West Indies, Mexico, and South America. The skins and the furs go to Europe and Canton, the ginseng to Canton, and the pot and pearl ashes to France and England.
The chief amount of articles of export consist, as would naturally be supposed, of the products of agriculture. The article of cotton alone furnishes nearly half of the amount of the whole exports of the United States, being for the year 1830 twenty-nine million, six hundred and seventy-four thousand, eight hundred and thirty-three dollars. The next important article of export is wheat, either as grain, flour, or biscuit; the amount being six million, three hundred and twenty thousand, six hundred seventeen dollars. The third in amount is tobacco, five million, five hundred and eighty-six thousand, three hundred and sixty-five dollars; the fourth, rice, one million, nine hundred and eighty-six thousand, eight hundred twenty-four dollars; the fifth, the produce of swine, including pork, bacon, and live hogs, one million, three hundred and fifteen thousand, two hundred and forty-five dollars. Three of the most important of these articles, cotton, tobacco, and rice, amounting collectively to thirty-seven million, two hundred and forty-eight thousand, and seventy-two dollars, are the produce of the southern states, including Virginia and Kentucky. The other agricultural exports, viz. beef, tallow, hides and cattle, butter, cheese, horses, mules, sheep, rye meal, oats, potatoes, and apples, flax seed, and hops, are mostly furnished by the middle and western states. Cattle and their products, including butter and cheese, amounted to eight hundred and sixty thousand, and fifty-three dollars. This species of export is of far less comparative importance than formerly, being limited to its present amount, not by the capacity for production, but by the extent of demand in the foreign markets. An increase of the foreign demand would soon double and treble the quantity. Some of the articles comprehended in the above list, though agricultural products, yet involve some process of manufacture; such, for example, as butter, cheese, bacon, flour, biscuit, meal, and part of the tobacco. A great many, however, of the exports coming under the head of manufactures, include in them the value of materials, such as the cotton fabrics, those of leather, and spirits distilled from grain: so that, on the whole, the strictly agricultural products of the country constitute a larger proportion of the whole exports than the tables represent; and if we add the value of materials supplied by agriculture for the manufactured exports, we shall have at least six sevenths of the whole domestic exportation consisting of the raw products of agriculture.
The total amount of manufactured articles exported from the United States in the year 1830, is estimated in the official returns at six million, two hundred and fifty-eight thousand, one hundred and thirty-one dollars, being rather more than one tenth of the domestic exports of the country; about nine hundred and thirty thousand dollars should, however, be struck out of this list, being gold and silver coin, consisting mostly of metals coined at the mint, and again exported. The labor put upon these materials in coining is so inconsiderable a part of their value, that the amount of coin of the country exported ought not to be included in the estimate of the value of manufactured exports. Of the articles exported on which the arts of the United States are employed, the most considerable are cotton twist, thread, and fabrics, the exported value of which, for the year 1830, was one million, eight hundred and thirteen thousand, one hundred and eighty-three dollars, being more than one fiftieth part of the whole domestic exports, the principal markets of which are South America, Mexico, and the Mediterranean.
The value of leather and its various manufactures, exported, is three hundred and seventy-five thousand, two hundred and fifty dollars. Hats exported the same year amount to three hundred and nine thousand, three hundred and sixty-two dollars, a very large sum, considering the short period during which this article has been sent to foreign markets. Soap and candles have long been supplied for the foreign markets, but have lately been on the decline, the amount for the year 1830 being six hundred and nineteen thousand, two hundred and thirty-eight dollars; and for 1831 only about twenty-five thousand dollars more. The various articles manufactured for the most part of wood, such as furniture, or of wood, leather, and iron, such as coaches and carriages, besides various agricultural implements supplied to the West Indies and South America, constitute an important branch of trade. The American glass begins to appear in the foreign markets; the value sent abroad in 1830, was sixty thousand, two hundred and eighty dollars; in the next year it was nearly doubled, and it bids fair to be still increased. The other exports consist of a variety of articles in small quantities, among which are wearing apparel, combs and buttons, brushes, fire engines and apparatus, printing presses and types, musical instruments, books, maps, paper and stationery, and trunks. It is apparent from the above enumeration and estimates, that the manufactured articles of which the export is the most considerable and most flourishing are those of which the raw materials consist mostly of cotton, wood, and leather.
The foreign articles imported and again exported from the country during the year 1830, amounted to fourteen million, three hundred and seventy-eight thousand, four hundred and seventy-nine dollars. This transit trade consequently forms an important part of American commerce. The principal foreign articles exported are cottons, coffee and cocoa, sugar, tea, wines, and hardware.[72]
‘The tendency to the sea,’ says Mr. Cooper, in his Notions of the Americans, ‘which the American has manifested since the earliest of the colonial establishments, is, no doubt, to be ascribed originally to the temper of his ancestors. Nothing can be more absurd, however, than to argue, that although peculiar circumstances drew him on the ocean, during the continuance of the late and general hostilities, he will return to his fertile valleys and vast prairies, now that competitors for the profits of commerce and navigation are arising among the former belligerents. The argument implies an utter ignorance of history, no less than of the character and sagacity of a people who are never tardy to discover their individual interests. It is, notwithstanding, often urged with so much pertinacity, as to savor much more of the conclusions of what we hope for, than of what our reason would teach us to believe. The fact is, there never has been a period, since society was first firmly organized in their country, when the Anglo-Americans have not possessed a tonnage greater, in proportion to their population and means, than that of any other people, some of the small commercial cities, perhaps, alone excepted. This was true, even previously to their revolution, when the mother country monopolized all of trade and industry that the temper of the colonies would bear, and it is true now, to an extent of which you have probably no suspicion. The present population of the United States may be computed at twelve million, while the amount of shipping materially exceeds one million four hundred thousand tons.[73] Assuming that amount, however, it gives one ton to every eight and a half of the inhabitants. The tonnage of the British empire is, in round numbers, two million, five hundred thousand. This, divided among the twenty-three million of the British islands alone, would give but one ton to every nine of the inhabitants. In this calculation, the vast difference in wealth is forgotten. But by the British empire, we are to understand Canada, the West Indies, and all the vast possessions which are tributary to the wealth and power of that great nation. I know not whether the shipping employed in the East Indies ought to be enumerated in the amount named. If it is, you will see the disproportion in favor of America is enormous. But assuming that it is not, it becomes necessary to add several millions for their other dependencies. There is, however, still another point of view in which this comparison should, with strict justice, be made. A large proportion of the people of the United States are so situated, that in the nature of things they cannot turn much, if any, of their attention to navigation. If the slaves and the inhabitants of the new states, where the establishments are still too infant, to admit of such a development of their resources, be deducted from the whole amount of the population, it will not leave more than seven million of souls in possession of those districts in which navigation can be supposed at all to exist. The latter, too, will include all those states that are called interior, where time has not been given to effect any thing like a natural division of the employments of men. The result will show, that the Americans, relatively considered, are addicted to navigation, as compared with Great Britain, in the proportion of more than seven to five; nor has this commercial, or rather maritime spirit, arisen under auspices so encouraging as is generally imagined.
‘The navigation laws, adopted by the United States, so soon as their present constitution went into operation, are generally known. Their effect was to bring the shipping of the country into instant competition with that of foreign nations, from the state of temporary depression into which it had been thrown by the struggle of the revolution. From that hour, the superiority enjoyed by the American, in cheapness of construction, provisions and naval stores, aided by the unrivalled activity, and practical knowledge of the population, put all foreign competition at defiance. Of six hundred and six thousand tons of shipping employed in 1790, in the foreign trade of the country, not less than two hundred and fifty-one thousand tons were the property of strangers. In 1794, while the trade employed six hundred and eleven thousand tons, but eighty-four thousand tons were owned by foreigners. In 1820, (a year of great depression,) the trade gave occupation to eight hundred and eighty thousand tons, of which no more than seventy-nine thousand tons were foreign property. This estimate, however, includes the intercourse with the least, no less than that with the most maritime nation. The trade between the United States and England, which is the most important of all, in respect of the tonnage, it employs, was about three to one, in favor of the former; with other countries it varies according to the maritime character of the people, but with all and each it is altogether in favor of the United States.’
VI. ――RAIL-ROADS
The first rail-road attempted in the United States, was that constructed in Quincy, for the purpose of transporting granite from the quarry at that place. It extends from the quarry to the Neponset river, a distance of about three miles. It is a single track road, and the distance between the rails is five feet. The rails are of pine, covered with oak, and overlaid with thin plates of wrought iron. When first constructed, the passage from the quarry to the landing of a car carrying ten tons, with a single horse, was performed in an hour. It was completed in 1827.
The Boston and Lowell rail-road commences at Boston, near the entrance to the Warren bridge. Twenty acres of flat have been purchased at this place to accommodate the various depots of the company. The rail-road crosses Charles river by a wooden viaduct, and terminates at the basin of the canal in Lowell; whence branches extend along the several canals to the factories. It is constructed of stone and iron, in the most substantial manner. The company to form this road was incorporated in June, 1830.[74]
The Boston and Worcester rail-road was commenced in August, 1832. In this road, the greatest degree of inclination from a level will be at the rate of thirty feet a mile; the average inclination will be but ten and a half feet, the main street in Worcester being but four hundred and fifty-six feet higher than Charles street in Boston. The length of the route is forty-three and a quarter miles.
The Boston and Providence Rail-road company was incorporated in June, 1831, with a capital of a million of dollars, for the purpose of constructing a rail-road from Boston to the boundary line of Massachusetts, in the direction of Providence. A company has been formed for the continuation of this road to Stonington. Rail-roads have been projected from Boston or Lowell to Brattleborough; from West Stockbridge to the boundary line of the state of New York, to meet a rail-road from Albany; from Boston to Salem, to be continued to the northern line of the state; from Troy, in New York, at the head of navigation on the Hudson river, to Bennington, a distance of thirty miles to the town of Adams; and from Boston to Ogdensburg, in New York.
The Hudson and Mohawk rail-road extends from Albany to Schenectady, and affords a communication between the tide-water of Hudson river and the Erie canal. It is a double track road, about sixteen miles in length. It commences at the termination of the city line on the Hudson river, and about thirteen acres of land are owned by the company in the vicinity, for depots of transports. About four miles from Schenectady, there is a curve in the road of twenty-three thousand feet radius; there are six principal embankments. The descent from the Schenectady summit to the level of the Hudson, is three hundred and thirty-five feet. The soil through which the road passes is sandy. Several ravines are crossed, and some considerable elevations are cut through. Both locomotive engines and horses are used upon this route. A locomotive has travelled upon it, with a load of eight tons, at the rate of thirty miles per hour. In October, 1831, the number of daily passengers averaged nearly four hundred. The cost of this road was between six and seven hundred thousand dollars.
The Saratoga and Schenectady rail-road forms a continuation of the Mohawk and Hudson rail-road, extending from the city of Schenectady to the villages of Ballston Spa and Saratoga, and uniting these places with the line of steam navigation upon the Hudson. It is twenty miles in length; was commenced in 1831, and completed in the following year.
The Ithaca and Susquehanna rail-road is to extend from the village of Ithaca, near the south end of Cayuga lake, to Owego, on the Susquehanna. The distance is about twenty-eight miles. The Ithaca and Catskill rail-road is to extend a distance of one hundred and sixty-seven miles, from Ithaca to Catskill, on the Hudson. The Catskill and Canajoharie rail-road is to extend for the distance of seventy miles, from Catskill to Canajoharie, on the Mohawk. The company was incorporated in 1830, with a capital of six hundred thousand dollars. The Harlem rail-road is about six miles in length, extending from Twenty-third street, New York city, to Harlem river.
The New York and Erie rail-road company was incorporated in April 1832, with a capital of ten million dollars. It was the original design that the road should extend from the city of New York, or some point in its vicinity, and continue through the southern counties, through Owego, in the county of Tioga, to the shore of lake Erie, at some point between Cattaraugus creek and the Pennsylvania line. It is to be commenced within four years from the date of the act of incorporation, one fourth to be completed within ten years, one half within fifteen years, and the whole to be completed within twenty years, under penalty of forfeiture of the charter.
The New York and Albany rail-road company was incorporated in April, 1832, with a capital of three millions. It is to be completed within ten years; commencing at New York city, opposite the termination of the Fourth avenue, and ending on the Hudson, opposite Albany.[75] ‘The proposed route of this road,’ says the Boston Advertiser, ‘passes through the county of Berkshire, in this state, from West Stockbridge to the northern boundary of the state of Connecticut, following the valley of the Housatonic river from Stockbridge to Sharon, in Connecticut. It will thus afford an additional inducement for the extension of the Boston and Worcester rail-road from Worcester to Springfield, and thence to the western boundary of the state. This latter rail-road will meet the New York and Albany road at Stockbridge or West Stockbridge, and will thus come in contact with a continued line of rail-roads, interrupted only by the Hudson river, extending northwardly to Saratoga, westwardly to Utica, and southwardly to the city of New York. It will thus afford the means of direct and rapid intercourse between Boston and the towns in Berkshire county, along the fertile valley of the Housatonic, and with the rich marble quarries and beds of iron ore in that region, as well as with the vast country which will be opened to this mercantile market, beyond the limits of the state. The distance by the rail-road from West Stockbridge to Albany will be about forty miles, of which distance over sixteen miles will be a perfect level. From West Stockbridge to Utica, the distance by the rail-road will be one hundred and thirty-seven miles, over a country a great part of which is level. From Albany to Schenectady, and thence to Saratoga, the rail-road is already finished. From Schenectady to Utica, the road is yet to be made; but the company for building it is formed, with an adequate capital. About seven times the requisite amount of stock was subscribed. The required amount has been apportioned by commissioners among the subscribers, and the subscription money for the surplus shares has been returned.’
The Camden and Amboy rail-road commences at Camden, on the Delaware, opposite to Philadelphia, and passing through Burlington, Bordentown, Highstown, and Spotswood, over South river, terminates at Amboy. It is sixty-one miles in length, passing through a very level country. Being designed for steam locomotives, it is to be constructed in the most improved and substantial manner, though at present wooden rails are laid over a great portion of the line, in order that the embankments may be consolidated before laying the permanent track. A double track of rails is to be laid ultimately through the whole distance. Between Bordentown and Amboy, there is a cut varying in depth to sixty feet, extending nearly two miles. In the vicinity of Bordentown, there are stone culverts and viaducts. It has been calculated that five hundred thousand dollars per annum will be received for the conveyance of light freight and passengers. As the Delaware is frequently closed with ice during part of the winter, and the Philadelphia trade is consequently diverted to New York, it is supposed that vessels destined to Philadelphia, may put into Raritan bay, which is open at all seasons, and the cargoes be conveyed at once upon the rail-road to the place of their destination. To secure this object, large lots on the Raritan and the Delaware have been purchased by the company for the convenience of ships and steamboats.
The Patterson and Hudson river rail-road extends from Patterson, on the Passaic, to Jersey city and the Hudson river, opposite New York, fourteen miles. After the expiration of fifty years, the state of New Jersey has a right to take this road at an appraised value. The Elizabethtown and Somerville rail-road company was incorporated in 1830, with a capital of two hundred thousand dollars, with the liberty of increasing it to four hundred thousand. The West-Jersey rail-road is to extend from the Delaware river, in the county of Gloucester, or from some point on the Camden and Amboy rail-road, to the township of Penn’s Neck, on the same river, in the county of Salem. This company was incorporated at the same session with the above, with a capital of five hundred thousand dollars, and liberty to increase it to two million. The New Jersey rail-road is to extend from New Brunswick, through Rahway, Woodbridge, Elizabethtown and Newark, to Hudson river. It was incorporated in 1832, with a capital of seven hundred and fifty thousand dollars. A charter was also granted to a company to construct a rail-road connecting the Morris canal with the Patterson and Hudson river rail-road.
The Mauch Chunk rail-road was the first rail-road constructed in Pennsylvania. It was commenced and finished in the first five months of 1827. It extends from the coal mines near Mauch Chunk, along the side of the mountain, down an inclined plain of various declivities, to the Lehigh river. The mines are nine hundred and thirty-six feet above the point where the boats receive the coal, of which from three hundred to three hundred and fifty tons are delivered daily. From the river to the mines, the road is nine miles in length; and its branches at the ends and sidelings, four and a half miles more. The Mount Carbon rail-road company was incorporated in the spring of 1829, and the rail-road was commenced in the succeeding October. At the termination, the road is elevated upon thirty-one piers of masonry erected upon the landings. The Schuylkill Valley rail-road commences at Port Carbon, and terminates at Tuscarora, being ten miles in length. It is intersected by fifteen lateral rail-roads, whose combined distances amount to about thirteen miles. The Schuylkill rail-road consists of a double track, is thirteen miles in length, and cost seven thousand dollars a mile. Mill Creek rail-road commences at Port Carbon, and extends up Mill creek four miles; it has but a single track. The West Branch rail-road commences at Schuylkill haven, and terminates at the foot of the Broad mountain. It is fifteen miles in length, with five miles of lateral roads that intersect it; only the main stem has a double track. The Pinegrove rail-road extends from the mines to the Swatara feeder, a distance of five miles. The Little Schuylkill rail-road commences at Port Clinton, and extends up the stream to the mines at Tamaqua, a distance of about twenty-three miles. The Lackawaxen rail-road commences at the termination of the Lackawaxen and Delaware and Hudson canal, and connects that canal with the coal bed in Carbondale. It is sixteen miles in length, and overcomes an elevation of eight hundred feet. The road consists of a single track of wooden rails, capped with iron.
The Alleghany Portage rail-road is intended to connect the eastern and western sections of the Pennsylvania canal, and complete the direct line of communication between Philadelphia and Pittsburg. The route adopted commences at Frankstown, crosses the Alleghany mountains at Blair’s gap summit, and descends in the valleys of Laurel run and the Little Conemaugh, to Johnstown, a distance of thirty-eight and a half miles. A tunnel of one thousand feet is projected at one of the bends of the Conemaugh, which will be crossed by two bridges. This road is to be constructed by the state of Pennsylvania.
The Philadelphia and Columbia rail-road is intended to connect the Delaware navigation at Philadelphia with that of the Susquehanna at Columbia, passing through the counties of Delaware, Chester, and Lancaster. It is about eighty-three miles in length, and it is proposed to continue it fourteen miles further, across the Susquehanna, by the Columbia bridge, to the borough of York. About seventy other rail-roads have been projected in Pennsylvania, and companies for constructing several of them have been incorporated.
The Newcastle and Frenchtown rail-road extends from Newcastle, on the Delaware, to the Elk river, near Frenchtown, in Maryland; it is nearly parallel to the Chesapeak and Delaware canal, and is in direct competition with it. This road consists of a single track, with the requisite number of turn-outs, and is about sixteen and a half miles in length――only eight hundred and fifty-three yards longer than a perfectly straight line drawn between its two extremities. It consists of six curve and six straight lines. The curve lines vary in length from one thousand, nine hundred and thirty-nine to eight thousand, two hundred and ninety-six feet. The radii of the three smaller curves are of ten thousand, five hundred and sixty feet each; the radius of the largest, twenty thousand feet. The aggregate length of the curves is five miles and one sixth; that of the straight lines eleven miles and three tenths. The graduation of the road departs from a perfect level, by ascents and descents varying from ten feet six inches to sixteen feet four inches a mile; at one place, for about four thousand feet the slope is at the rate of twenty-nine feet to the mile. The whole amount of excavation is about five hundred thousand cubic yards of earth, exclusive of the side drains. The amount of embankment is four hundred and twenty thousand cubic yards. The road crosses four viaducts and twenty-nine culverts, all constructed of substantial stone masonry. The width is twenty-six feet, exclusive of the side drains. It was completed in 1832. Cost, including land, wharf, depots, and locomotive engines, four hundred thousand dollars.
The Wilmington and Downington rail-road was incorporated by the legislature of Delaware, in 1831, with a capital of one hundred thousand dollars, with liberty to increase it to one hundred and fifty thousand dollars, for the purpose of constructing a rail-road from Wilmington to the boundary line of the state, in the direction of Downington, in Pennsylvania.
The Baltimore and Susquehannah rail-road was commenced in 1830, and is to extend from Baltimore to York, in Pennsylvania, a distance of seventy-six miles. The company has the right of constructing a lateral rail-road, commencing at the main stem, within ten miles of Baltimore, through Westminster, to the head waters of Monocacy river.
The Baltimore and Ohio rail-road is intended to connect the city of Baltimore with some point on the Ohio, thus affording a communication between the waters of Chesapeak bay and those of the great western river. Active operations on this great work were commenced in the autumn of 1828. The road begins at the head of the basin in Baltimore. In the city it consists of a single track, and is to be confined to horse power, branch railways are to be constructed in various directions. On the portion of the rail-road within a few miles of the city, several magnificent viaducts are constructed, of substantial stone masonry. The Carrollton viaduct, over Gwyn’s falls, is constructed of granite; its whole exterior is hewn, it consists of two arches, and is three hundred and twelve feet in length. Its height, from the foundation to the top of the parapet, is sixty-three feet nine inches; from the surface of the water to the top of the parapet, fifty-one feet and nine inches. The width of the railway travelling-path is twenty-six feet six inches; the chord of the arch springing from the abutments, eighty feet three inches. It is a structure of great beauty and solidity. The bridge across the Patapsco is a stone structure, consisting of two arches of fifty-five feet span each, and two of twenty feet span each. There are also several deep cuts and extensive embankments.
Illustration: Carrollton Viaduct.
Upon the route selected for this rail-road, there are only two summits for the distance of one hundred and eighty miles. The approach to the first of these summits, at Parr Spring ridge, is by an acclivity so gradual as not to exceed eighteen feet to the mile. From the western side of this ridge, to the coal mines near Cumberland, the route for the whole distance is adapted to steam locomotive engines. From the eastern base of the Alleghany mountain, a series of inclined planes will be required to overcome a summit of twelve hundred feet; from thence the road may be constructed upon a line so nearly level to the Ohio river, as to be traversed by steam locomotive engines without difficulty. The progress of the rail-road beyond the Point of Rocks has been interrupted by a lawsuit between the Baltimore and Ohio Rail-road company, and the Chesapeak and Ohio Canal company, which has been decided in favor of the latter. The road is to be extended to the mouth of the Shenandoah. A further extension of thirty miles will carry it to Williamsport, and another of seventy-five miles to Cumberland, and a country abounding in rich bituminous coal. From this point to Pittsburg, the distance is one hundred and forty miles, making the whole length three hundred and twenty-five miles.[76]
The Baltimore and Washington rail-road is a branch of the Baltimore and Ohio rail-road, and its completion has been undertaken by the same company. Its length from the point of intersection, at Elk ridge landing to Washington, is about thirty-three miles.
The Manchester rail-road is in Chesterfield county, Virginia. It extends from Manchester to the coal mines. It consists of a single track, and is thirteen miles in length. The Petersburg and Roanoke rail-road was undertaken to counteract the injurious effect which the Dismal Swamp canal has had upon the trade of Petersburg.[77] It affords a rapid and easy intercourse between the James and Roanoke rivers, and has become a most important link in the chain of communication between the North and the South. Rail-roads have also been projected from Richmond to Lynchburg; from Lynchburg to New River; from Suffolk, in Nansemond county, to the Roanoke river, opposite to the town of Weldon, in North Carolina; and in several other directions.
The Fayetteville rail-road company was incorporated by the legislature of North Carolina, in 1830, with a capital stock of twenty thousand dollars, for the purpose of constructing a rail-road from Fayetteville to Campbelltown, on Cape Fear river. Rail-roads from Cape Fear to the Yadkin; from the Yadkin to the Catawba; and from Wilmington to the iron mining districts, near Statesville, have been projected, and are in progress.
The Charleston and Hamburg rail-road, extending one hundred and thirty-six miles, from Charleston, South Carolina, to Hamburg, opposite Augusta, in Georgia, was opened in October, 1833, for its entire length. The passenger train leaves each place every morning, and arrives on the evening of the day of departure. This enterprise was undertaken by the South Carolina Canal and Rail-road company, which has received pecuniary assistance from the state. A second rail-road of about the same length, to extend from Charleston to Columbia, is also embraced within the objects of this company.
Companies have been incorporated by the legislature of Alabama, to construct a rail-road from Montgomery to Chattahoochie, opposite Columbus, in Georgia; and from Selma, on the Alabama, through Elyta and Montevallo, to Decatur, on the Tennessee. Rail-roads have also been projected between Augusta and Heshman’s lake, a distance of fifty miles; and between Augusta and Columbus, on the Chattahoochie.
The Lexington and Ohio rail-road was commenced in 1831; it is to extend from Lexington to Frankfort, and thence to the Ohio river, just below the falls, near Shippingport, which is two miles distant from Louisville. Its length is about eighty miles. The company by which it was undertaken was incorporated by the legislature of Kentucky in 1830, with a capital stock of one million dollars. Mad River and Lake Erie rail-road is to commence at Dayton, at the head of the Miami canal, and extend to Sandusky, on lake Erie, thus, by means of the canal and rail-road, opening a communication between Cincinnati and the lake. The distance is about one hundred and seventy-five miles.
The Illinois and Michigan rail-road is to commence at Chicago, on lake Michigan, and continue in a south-westerly direction eleven and a half miles to the summit level: in this distance the ascent is only twenty-five feet. After passing the summit level, it is to cross and continue along the river Des Plaines, to the foot of the Illinois rapids, the distance of eighty-five miles, with a descent of exactly two feet a mile; thus giving, in a distance of ninety-six and a half miles, only one hundred and ninety-five feet of rise and fall. A company has been formed for the construction of a rail-road between Detroit and Pontiac, a distance of twenty-five miles. The Tuscumbia rail-road extends from Tuscumbia to Decatur. The Lake Pontchartrain rail-road extends from lake Pontchartrain to New Orleans four and a half miles. It consists of a single track, is perfectly straight and nearly level. A port of entry has been established on the lake, and an artificial harbor and breakwater have been constructed at the termination of the rail-road. The West Feliciana rail-road company was incorporated by the legislature of Louisiana, for the purpose of constructing a rail-road from the river Mississippi, near St. Francisville, to the boundary line of Louisiana and Mississippi, in the direction of Woodville, Mississippi.
The materials for the history of rail-roads in the United States are now so scattered and uncertain, and the roads themselves are so rapidly changing their aspect, that it is in vain to hope for any thing like an authentic account, till all the great systems and chains are completed throughout the country. We have not attempted to give a description of all the rail-roads now in existence; besides those described, there are many completed and in progress in various parts of the Union, so that most of the principal cities are intimately connected, and internal communication is greatly facilitated. Nor is the spirit of rail-road enterprise at all abated; new routes are continually projected, and we trust that the time is not far distant when all parts of the Union will be thus connected, and the distance between the remote parts be as it were annihilated.
VII. ――CANALS
GREAT improvements have been introduced in the inland navigation of the United States within the last twenty years, both by removing impediments that have obstructed river navigation, and by the construction of canals. More than two thousand five hundred miles of canal have been constructed in the country, and numerous works of this description are now in progress, though the rail-road has perhaps, in most instances, been preferred, where the circumstances admitted of a choice. Our description of the principal canals in the country must be limited to a mere enumeration of the most important particulars.
CANALS IN NEW ENGLAND. The Cumberland and Oxford canal extends from Portland to Sebago pond, and was completed in 1829. Its length is twenty and a half miles; its width at the surface is thirty-four feet, at the bottom, eighteen; its depth is four feet. The number of its locks is twenty-six. A lock is also constructed in Songo river, by which navigation is continued into Brandy and Long ponds, making the whole natural and artificial water communication fifty miles.
Middlesex canal was completed in 1808, and opens a water communication between Boston and the central part of New Hampshire, by its junction with the Merrimack river. It has but one summit level, one hundred and four feet above Boston harbor, and thirty-two above the level of the Merrimack, at the place where it unites with that river in Chelmsford, above Pawtucket falls, on which are situated the great manufacturing establishments of Lowell. Its length is twenty-seven miles, breadth at the surface thirty feet, at the bottom twenty; its depth of water is three feet, and locks are twenty. It has seven aqueducts over streams and rivers, and fifty bridges, with stone abutments twenty feet apart. Around the numerous falls of the river, within the limits of New Hampshire, the following canals have been constructed:――Bow canal, completed in 1812, is one third of a mile long, and passes a fall of twenty-five feet with four locks; Hooksett canal, fifty rods in length, passes Hooksett falls by three locks, with a lockage of sixteen feet; Amoskeag canal, eight miles below the above, passes a fall of the same name, by a lockage of forty-five feet, with nine locks; Union canal, immediately below Amoskeag, overcomes seven falls in the river, and has seven locks in nine miles.
Pawtucket canal, in the town of Lowell, is used not only for passing a fall of the same name, but also for supplying very extensive hydraulic works. It is a mile and a half in length, ninety feet wide, and four feet deep, overcoming a difference of level of thirty-two feet.
In 1811, a charter, that has been subsequently renewed, was granted to a company for the purpose of constructing a canal from Winnipisiogee lake to Cocheco river, below the landing at Dover. The distance is twenty-seven miles. The waters of the lake are four hundred and fifty-two feet above the level of the river, and the fall would require fifty-three locks. The expense has been estimated at about three hundred thousand dollars.
The Blackstone canal extends from Worcester, Massachusetts, to Providence, Rhode Island. It is forty-five miles long, and follows in the greater part of its course the valley of the Blackstone or Pawtucket river, from which it is supplied with water. Its fall from the summit at Worcester to tide water at Providence, is four hundred and fifty-one and six tenths feet. It has forty-eight locks, eighty feet long by ten wide; the breadth at its surface is thirty-four feet, at the bottom eighteen; depth of water, four feet. It was built by an incorporated company, under charter from the legislatures of the states in which it lies, at a cost of about six hundred thousand dollars. It was finished in the autumn of 1828. This canal facilitates and greatly increases the trade from the northern part of Rhode Island, and the central parts of Massachusetts, to the markets of Providence, New York, and the middle and southern states.
The Farmington canal was commenced in 1825, upon the plan of connecting, by a line of seventy-eight miles of artificial navigation, Connecticut river, at Northampton, in Massachusetts, with New Haven harbor. It is thirty-six feet broad at the surface, twenty at the bottom, and four feet in depth. The locks are eighty feet in the clear, and twelve feet wide. It extends fifty-eight miles, from New Haven to Southwick ponds, on the boundary of Massachusetts, and cost about six hundred thousand dollars. In continuation of this work, the Hampshire and Hampden canal has been constructed in Massachusetts, as far as Westfield; it is to be continued twenty miles, to Northampton, and perhaps even to Barnet, in Vermont. The difference of level in this canal is two hundred and ninety-eight feet.
Enfield, South Hadley, Montague, and Bellows Falls canals are short cuts at the different falls on the Connecticut river. The first was built by a company incorporated in 1824. It extends around the falls of the same name, in the state of Connecticut, and is five and a half miles in length. It has two stone locks of ten feet lift, each ninety feet by twenty, and is used for extensive hydraulic works, as well as for navigation. Before the construction of this work, these rapids were passed in boats, but offered great obstructions to the navigation of the river. South Hadley canal was constructed for passing a fall of forty feet in the town of the same name, in Massachusetts, and is two miles in length. There is a cut in this canal through the solid rock, three hundred feet long and forty feet deep. The company that undertook this work was incorporated in 1792. Montague canal, in the town of the same name, in the same state with the preceding, and constructed for passing Montague falls, is three miles long, twenty-five feet wide, and three deep. Bellows Falls canal, in Vermont, opposite the town of Walpole, is half a mile long, with nine locks, overcoming a fall of about fifty feet. Several other short canals have been constructed on the western bank of the Connecticut in this state, for the purpose of improving the navigation of the river.
NEW YORK CANALS. The state of New York has an extensive system of inland artificial navigation, connecting the navigation of the Hudson with that of the lakes and Delaware river. The Champlain canal in this state passes from Albany to Whitehall, on lake Champlain, and is seventy-two miles in length. It is four feet deep, twenty-eight feet wide at the bottom, and forty at the surface. It has twenty-one locks, and its rise and fall amount to one hundred and eighty-eight feet. This work was commenced in October, 1817, and was opened for navigation in November, 1819. The whole cost was nearly one million two hundred thousand dollars.
The Erie canal extends from Albany, on the Hudson, to Buffalo, on lake Erie. It was commenced on the fourth of July, 1817, and was first navigated from Utica to Rome, fifteen miles, on the third of October, 1819; tolls were first received in July, 1820, and the whole work was completed in 1825. It is three hundred and sixty-three miles in length. It is four feet deep, twenty-eight wide at the bottom, and forty at the surface. The number of locks is eighty-four, and the rise and fall are six hundred and ninety-eight feet. The cost was over nine millions of dollars. A little below the Cohoes falls, a feeder enters from the Mohawk, and connects the Erie with the Champlain canal, and the united work then proceeds to Albany, eight and a half miles, and terminates in the tide waters of the Hudson. The collections upon the Erie canal, for the month of September, in the three last years, stand thus:
Increase Increase 1831. 1832. 1833. since ’31. since ’32. $131,694 $137,184 $190,229 $58,536 $54,771
This great increase in the total amount of tolls has taken place, notwithstanding a reduction in the rates of tolls in the spring of 1833, which was equal to about twenty per cent. compared with former rates. The entire amount of tolls received at this canal in 1831, was one million, ninety-one thousand, seven hundred and fourteen dollars, twenty-six cents.
Oswego canal is a branch of the Erie, extending from Salina to Oswego, connecting lake Ontario with the Erie canal. It is thirty-eight miles in length, having one hundred and twenty-three feet of lockage, all descending to lake Ontario. One half the distance is a canal connected with Oswego river by locks and dams; the other half is a slack-water navigation on the river. It cost five hundred and twenty-five thousand, one hundred and fifteen dollars. The Cayuga and Seneca canal, extending from Geneva, on Seneca lake, to Montezuma, on Erie canal, is one half canal, and one half slack-water navigation. It was constructed in 1828. Its length is twenty miles and forty-four chains; the descent from Seneca lake to Montezuma is seventy-three and a half feet. The four canals last described were constructed at the expense of the state, and still remain under the administration of the state government as public property.[78]
Chemung canal, another work of the state, extends from the head waters of Seneca lake to the Chemung (or Tioga) river. It is eighteen miles in length, with a navigable feeder of thirteen miles from Painted Post, on the Chemung river, to the summit level, making in the whole thirty-one miles of canal navigation. On this canal are fifty-three locks of wood, three aqueducts, and seventy bridges. It was completed in 1832.
The Delaware and Hudson canal company was incorporated in April, 1823, with a capital of a million and a half of dollars, for the purpose of constructing a canal and rail-road from the Hudson river to the coal mines in Luzerne county, Pennsylvania. The canal extends from the tide-water of the Hudson to Honesdale, Wayne county, Pennsylvania, a distance of one hundred and eight miles, when it meets the rail-road. The canal is from thirty-two to thirty-six feet wide, and four feet deep. The most important article of transport upon this canal is coal, of which forty-three thousand two hundred tons were brought down in 1830. In 1831, the amount of tolls, exclusive of that of coal boats, was nineteen thousand, five hundred dollars.
The Harlem canal company was incorporated in April, 1826, with a capital of five hundred and fifty thousand dollars. This canal is to extend from Hudson to East river, through Manhattan island; its length is three miles, its width sixty feet, and its depth six or seven. It is to be walled with stone on both sides, and to have a street on each side fifty feet wide its whole length, with a lock at each end to command the tide water.[79]
NEW JERSEY. The Morris canal was commenced in 1825, and extends from Jersey city, on the Hudson, across the state of New-Jersey, to Delaware river, opposite Easton, Pennsylvania, where it unites with Lehigh canal. It is one hundred and one miles in length, with rise and fall of one thousand, six hundred and fifty-seven feet; of which two hundred and twenty-three are overcome by twenty-four locks, and the remaining one thousand, three hundred and thirty-four feet by twenty-three inclined planes. This canal is supplied with water from Hopatcong lake, situated nine hundred feet above tide-water. The cost is estimated at somewhat more than one million, one hundred thousand dollars. The Delaware and Raritan canal, extending from Lamberton, on Delaware river, to New Brunswick, on the Raritan, is thirty-eight miles in length. It is seventy-five feet wide, and seven feet deep.
PENNSYLVANIA. The canal system of this state is very extensive, and has been in a great measure established by the state government. We shall first notice the canals constructed by private corporations. The Schuylkill canal was commenced in 1816, and has been in operation for a number of years. It extends from Philadelphia to Reading, and thence to mount Carbon. Its length is one hundred and ten miles, and in this distance is a lockage of six hundred and twenty feet. It comprises thirty-one dams, one hundred and twenty-five locks, seventeen arched aqueducts, a tunnel of four hundred and fifty feet in length, cut through the solid rock, and sixty-five toll and gate houses. The whole cost of this work, up to January 1, 1830, was two million, three hundred and thirty-six thousand, three hundred and eighty dollars. The Union canal was constructed in 1827. It extends from Middleton, on the Susquehanna, to the head of the Girard canal, two miles below Reading, connecting the waters of the Susquehannah with those of the Schuylkill. Its length is eighty miles, exclusive of Swatara feeder, which extends twenty-four miles. The works comprehend, a tunnel, eighteen feet wide, fourteen high, and seven hundred and twenty-nine in length; two summit reservoirs, containing twelve million cubic feet of water; two steam engines, each of one hundred horse power; one hundred and thirty-five bridges; twelve small and two large aqueducts; ninety-two cut stone locks; and fourteen miles of protection wall of stone. Connected with this canal is a rail-road, about four miles in length, extending from the basin at Pine grove to the coal mines. The cost of the whole work was about two million dollars. The Lackawaxen canal commences at the termination of the Delaware and Hudson canal, near Carpenter’s point, and unites with a rail-road at Honesdale. It is thirty-six miles in length. In junction with the Delaware and Hudson canal, this canal opens a navigation of one hundred and seventeen miles, including seventeen miles of Lackawaxen river. The Lehigh canal company was incorporated in 1818, and constructed a canal from Easton, on Delaware river, to Stoddartsville, connecting Morris canal with the Mauch Chunk rail-road. Its length is forty-six and three fourths miles, and it cost one million, five hundred and fifty-eight thousand dollars. The Conestoga canal extends eighteen miles, from Safe Harbor, on Susquehanna river, to Lancaster. Conewago canal is two and a half miles long, and is constructed about a fall of the same name on the Susquehanna.
The following table exhibits a view of the canals in Pennsylvania, constructed by the state, prior to the first of January, 1831, with the amount expended for ordinary and extraordinary repairs during the year 1831.
Length Ordinary Extraord. miles repairs repairs Total Delaware division 59¾ $10,000 $87,339 $97,339 Columbia, east division 10 1,658 7,316 8,974 Harrisburg line } 63 3,108 6,216 9,324 Susquehanna division } 5,855 11,709 17,964 North branch division 55½ 18,584 37,168 55,752 West branch division 24½ 6,699 13,397 20,096 Juniata division 89 22,326 44,651 66,977 Western division 105 24,406 48,812 73,218 French creek feeder 19½ 74 4,327 4,401 ―――――― ――――――― ―――――――― ―――――――― Total 426¼ $92,708 $260,936 $353,644
The main trunk of this system of canals commences at Columbia, at the termination of the Philadelphia and Columbia rail-road, and extends thence westward one hundred and seventy-two and a half miles, till it meets the Alleghany Portage rail-road at Holidaysburg. It recommences at the western extremity of the rail-road, and continues westward one hundred and five miles, to the Monongahela river at Pittsburg.
The following canals, constructed by the state, have been but recently completed:
Frankstown line of the Juniata division, extending from Huntingdon to Holidaysburg, is thirty and one third miles in length, including about fifteen and three fourths miles of slackwater navigation. Beaver division commences upon the Ohio river, at the mouth of Big Beaver, and extends to Newcastle. Length, twenty-four and three fourths miles, of which about two thirds are slackwater and towing-path. Franklin line commences on Alleghany river, at the mouth of French creek, and extends up the latter stream till it meets the French creek feeder. Length, twenty-two and one fourth miles, seventeen of which are slackwater and towing-path. Lycoming line commences at Muncy dam, and extends up the west branch of the Susquehanna, and terminates at the Big island, opposite to the mouth of the Bald Eagle. Length, forty-one and one fourth miles, of which about ten miles are slackwater. Wyoming line of the North branch division commences at the Nanticoke dam, and extends up the North branch, and terminates near the mouth of Lackawannock creek. Length, sixteen miles.
DELAWARE AND MARYLAND. The Chesapeak and Delaware canal was commenced in 1824, and completed in about five years. It is thirteen and five eighths miles long, ten feet deep, and sixty-six feet wide at the surface. Leaving the Delaware, forty-five miles below Philadelphia, it crosses the peninsula, and meets Chesapeak bay. The summit level is twelve feet above tide water. The whole cost of this work was two million, two hundred thousand dollars. Port Deposit canal is a public work of the state of Maryland, extending ten miles along a line of rapids, on the east bank of the Susquehanna, north of the boundary line of Maryland and Pennsylvania. There are two short canals, one of twelve hundred yards, and one of two and a half miles, around the Great and Lower Falls of the Potomac.
The Chesapeak and Ohio canal company received their charter from Virginia in 1824, and it was confirmed in the following year by Maryland and congress. The proposed length is three hundred and forty-one and one fourth miles, from the tide water of the Potomac river, above Georgetown, in the district of Columbia, to its termination near Pittsburg, Pennsylvania. Its depth is six or seven feet, its breadth at the bottom fifty, and at the surface from sixty to eighty feet. Five miles from Georgetown, arrangements have been made for constructing branches to Alexandria, Baltimore, and the navy yard at Washington. The amount of lockage required on the whole canal is three thousand, two hundred and fifteen feet. At the summit level on the Alleghany mountain, a tunnel is required, four miles and eighty yards long, with a deep cut of one thousand and sixty yards at the western end, and another of fourteen yards at the eastern end, each of which opens into a large basin. The original estimate of the cost was twenty-two million, three hundred and seventy-five thousand dollars.
OHIO. This state has been active and liberal in the encouragement of canals as public works. The state canals are the Ohio and the Miami. The Ohio canal connects lake Erie, at Cleaveland, with the Ohio river, at Portsmouth; its main trunk is three hundred and ten miles in length; its lateral branches and feeders make twenty-four in addition. Miami canal connects the town of Dayton, situated on the Great Miami river, with the Ohio river, at Cincinnati. Its main trunk is sixty-five miles in length, and it has a side-cut of one mile. The total length of canals in Ohio, constructed at the public expense, and owned by the state, is four hundred miles. The Lancaster Lateral canal is nine miles in length, and was constructed by an incorporated company. The expense of the Ohio canals has been about five million dollars.
VIRGINIA AND NORTH CAROLINA. At the city of Richmond is the James River canal, around a fall, with twelve locks, overcoming an ascent of eighty feet, and connecting tide water with a basin on Shockoe hill. From this basin proceeds a canal two and a half miles long, uniting with the river. Three miles further up is a short canal, with three locks, overcoming a fall of thirty-four feet. The James and Jackson River canal extends from the basin at Richmond, to a fall in Goveland county, a distance of thirty and a half miles. There is also a canal seven miles long, around the falls on James river, in Rockland county. Canals have also been constructed to improve the navigation of the Shenandoah. The Dismal Swamp canal is twenty-two and a half miles long, lying partly in Virginia, and partly in North Carolina. It connects the waters of Chesapeak bay with Albemarle sound, extending from Deep creek to Joyce’s creek, at the head of Pasquotank river. The expense of this canal was three hundred and sixty thousand dollars, of which two hundred thousand were subscribed by the United States. The Danville and Dan River canals are a series of improvements upon the upper branches of Roanoak river. The North West, Weldon, Clubfoot and Harlow, Cape Fear, Yadkin, Tar River, New River, and Catawba canals, have done much to improve the inland navigation of North Carolina. The Santee, Columbia, and Saluda canals, from Columbia, through the Columbia canal into Broad river, and through the Saluda canal, from Broad into Saluda river, through Drehr and Zorick’s canals, on to the Abbeville county line, near Cambridge; also from Santee river, by the Santee canal, into Cooper’s river, and down this river to the port at Charleston, present a mixed navigation of one hundred and fifty miles. Winyaw canal is ten miles in length, uniting the Santee river with Winyaw bay.
KENTUCKY. The Louisville and Portland canal passes from the Ohio at Louisville, to a point of the same below the rapids, a distance of three miles. It is constructed for the accommodation of large vessels, and the general government have contributed towards its completion.
GEORGIA AND LOUISIANA. The Savannah and Ogatchee canal is sixteen miles in length, passing from Savannah river, at Savannah, to the Ogatchee river; hence it is to be continued to the Alatahama. The Carondelet canal is a short cut to admit small vessels into a basin in the rear of New Orleans, extending from bayou St. John. It is only a mile and a half long, and is without locks. The Lafourche is a small canal, supplied with water only when the Mississippi is in flood, uniting the outlet of Lafourche with the chain of lakes and creeks which lead into the lower Teche, and opens the commerce of Attacapas to New Orleans. The Plaquemine canal passes from the Mississippi into bayou Plaquemine, at its efflux from the Mississippi, and is navigable only at times of high flood. The New Orleans and Teche River canal is a projected navigation of one hundred miles, from a point on the Mississippi, to the waters which unite with the Teche river, at Berwick’s bay.
‘The spirit of enterprise,’ says Mr. Smith, ‘has been displayed on a scale commensurate with the extensive territory of the United States. With the exception of Great Britain and Holland, no country on the face of the globe contains so many or as extensive canals as this republic; and the whole of combined Europe has not effected as much during the last sixteen years, as the three states of Pennsylvania, New York and Ohio only. There are many other important canals not here enumerated, in the different sections of the country, and others are in contemplation. The whole number of miles of canals in the Union, exceeds three thousand; nearly three fifths of which are in the three States above mentioned.’
VIII. ――GOVERNMENT
THE political association of the American people commenced at a very early period. A long time before the revolutionary troubles, it was generally perceived and acknowledged that the true safety and prosperity of the colonies were to be found only in their union. In the year 1643, the colonies of Massachusetts, Plymouth, Connecticut, and New Haven, entered into a perpetual league, offensive and defensive, for mutual protection against the claims of their Dutch neighbors, and to resist apprehended aggression from the Indians. By their articles of confederation, the jurisdiction of each colony within its own borders was to be exclusive; in every war, each of the confederates was to furnish its quota of men and provisions, according to its population; and an annual congress of two commissioners from each colony was to be held, with power to decide on all matters of general interest. With some alterations, this confederacy existed more than forty years; and it was dissolved only in 1686, when the charters of the New England colonies were vacated by a commission from king James II.
In the year 1754, a congress of a very interesting character assembled at Albany. It was called at the instance of the lords commissioners for trade and the plantations, and consisted of delegates from the New England provinces, New York, Pennsylvania, and Maryland. The object of the meeting was to consider the best means of defending the colonies, in the case of a war with France. The lords commissioners had reference merely to forming friendly connections with the Indian tribes; but the colonies indulged more extensive views. This convention proposed a plan of union, for which, however, public sentiment was not yet ripe, and it met with the singular fortune of being rejected both by the crown and the people. Local jealousies and disputes in regard to boundaries, had at that time so excited the different colonies, that governor Pownal felt himself authorized to say, in his work on the Administration of the Colonies, that they had no one principle of association among them, and that their manner of settlement, diversity of charters, conflicting interests, and mutual rivalship and jealousies, would render an union impracticable. Happy for our people that the stone which they rejected has become the corner stone of our political temple; for the whole edifice must be crushed and crumbled, when profane hands shall be laid upon that which is its strength and foundation!
Men could not, however, remain insensible of the great advantages that must inevitably result from a federate union. A common interest was destined to be made more apparent and pressing by a common danger and soon after the first unfriendly measures of the British government, a congress of delegates from nine colonies was assembled at New York in October, 1765. This step was adopted at the suggestion of Massachusetts, and was preparatory to a more extensive and general association of the colonies, which took place in September, 1774, and laid the foundation of permanent independence. At this last period, the impending oppressions of Great Britain induced the colonies to unite in sending delegates to a congress at Philadelphia, with authority to consult together for the common welfare. The measures adopted by this assembly met with a prompt and general obedience, and the union thus auspiciously formed was continued by a succession of delegates in congress; it has continued through the struggles of a revolution, foreign war and domestic dissension.――God grant that it may be perpetual.
In May, 1775, a congress, with ample discretionary powers, assembled in Philadelphia. Georgia soon after acceded to the measures that had been adopted, and completed the confederacy of the thirteen colonies. In Massachusetts, hostilities had been already commenced, and the appeal to arms was now considered as the only resource. Congress prepared to support this measure, and, gradually assuming all the attributes of sovereignty, on the fourth day of July, 1776, declared the united colonies to be free and independent states. The consequences of this step belong more properly to another portion of this volume. In June, 1776, congress undertook to prepare articles of confederation; but it was not till November of the following year that they were able so far to unite discordant interests, as to adopt these articles. In passing through the states, they met with still stronger impediments, and it was not till three years after their first promulgation, that they received the unanimous approbation of the United States. This confederation proved imbecile and insignificant, and it was only by the assumption of power not granted by the fundamental charter of the union, that congress could rescue the country from the most humiliating consequences. A quorum of congress could with difficulty be assembled; the finances of the nation were annihilated; in 1784, the whole army amounted but to eighty men, and the states were urged to provide some of the militia to garrison the western posts. In short, to use the impressive and melancholy language of the Federalist, ‘each state, yielding to the voice of immediate interest or convenience, successively withdrew its support from the confederation, till the frail and tottering edifice was ready to fall upon our heads, and to crush us beneath its ruins.’
The first effort to relieve the country from the miseries and dangers of the confederation originated in Virginia, in the proposition for a convention of delegates to regulate our foreign commerce. A partial representation of the states was in this manner collected at Annapolis, and the plan of a national convention was by this body strongly recommended to congress, for the purpose of devising a government that should be adequate to the exigencies of the nation. Congress adopted the suggestion, and immediately acted upon it; with the exception of Rhode Island, all the states acceded to the proposal of a general convention, and their delegates assembled at Philadelphia in May, 1787. This assembly united men of the most distinguished talents, high-minded integrity, and disinterested patriotism, and commanded the public regard and confidence in their fullest extent. After a tranquil deliberation of several months, the plan of government, which now forms the constitution of the United States, was adopted with unprecedented unanimity. Nearly a year elapsed before it received the assent of a sufficient number of states to give it a political existence; but on the fourth of March, 1789, the government was duly organized and set in motion. It was not till the year 1790, that the constitution had received the unanimous ratification of all the members of the original confederacy. ‘The peaceable adoption of this government,’ says chancellor Kent, ‘under all the circumstances which attended it, presented the case of an effort of deliberation, combined with a spirit of amity and of mutual concession, which was without example. It must be a source of just pride, and of the most grateful recollection, to every American, who reflects seriously on the difficulty of the experiment, the manner in which it was conducted, the felicity of its issue, and the fate of similar trials in other nations of the earth.’ The following is a copy of the constitution as adopted, with its subsequent amendments:
WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
ARTICLE I.
SECTION I. All legislative powers herein granted shall be vested in a congress of the United States, which shall consist of a senate and house of representatives.
SEC. II. The house of representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years, after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; and until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.
The house of representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.
SEC. III. The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote.
Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature which shall then fill such vacancies.
No person shall be a senator who shall not have attained to the age of thirty years and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
The vice-president of the United States shall be president of the senate, but shall have no vote, unless they be equally divided.
The senate shall choose their other officers, and also a president pro tempore, in the absence of the vice president, or when he shall exercise the office of president of the United States.
The senate shall have the sole power to try all impeachments: when sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two thirds of the members present.
Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law.
SEC. IV. The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; but the congress may at any time by law make or alter such regulations, except as to places of choosing senators.
The congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
SEC. V. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide.
Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.
Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal.
Neither house, during the session of congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
SEC. VI. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office.
SEC. VII. All bills for raising revenue shall originate in the house of representatives; but the senate may propose or concur with amendments, as on other bills.
Every bill which shall have passed the house of representatives and the senate, shall, before it become a law, be presented to the president of the United States: if he approve, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the congress, by their adjournment, prevent its return, in which case it shall not be a law.
Every order, resolution, or vote, to which the concurrence of the senate and house of representatives may be necessary (except on a question of adjournment) shall be presented to the president of the United States; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill.
SEC. VIII. The congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States: but all duties, imposts, and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the supreme court;
To define and punish piracies and felonies committed on the high seas, and offences against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions;
To provide for organizing, arming, and disciplining the militia, and for governing such parts of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by congress;
To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of congress, become the seat of government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings; and
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or office thereof.
SEC. IX. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.
No bill of attainder or ex post facto law shall be passed.
No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
No tax or duty shall be laid on articles exported from any state.
No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to or from one state, be obliged to enter, clear, or pay duties in another.
No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
No title of nobility shall be granted by the United States: And no person holding any office of profit or trust under them, shall, without the consent of congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.
SEC. X. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bills of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
No state shall, without the consent of the congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the congress.
No state shall, without the consent of congress, lay any duty on tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
ARTICLE II.
SECTION I. The executive power shall be vested in a president of the United States of America. He shall hold his office during the term of four years, and, together with the vice president, chosen for the same term, be elected as follows:
Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in the congress: but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
[[80]The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately choose by ballot one of them for president; and if no person have a majority, then from the five highest on the list, the said house shall in like manner choose the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote: A quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the president, the person having the greatest number of votes of the electors shall be vice president. But if there should remain two or more who have equal votes, the senate shall choose from them by ballot the vice-president.]
The congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.
No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the United States.
In case of the removal of the president from office, or his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vice president, and the congress may by law provide for the case of removal, death, resignation, or inability, both of the president and vice president, declaring what officer shall then act as president, and such officer shall act accordingly, until the disability be removed, or a president shall be elected.
The president shall at stated times receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.
Before he enter on the execution of his office, he shall take the following oath or affirmation:――‘I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and will, to the best of my ability, preserve, protect, and defend the constitution of the United States.’
SEC. II. The president shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of the senate, to make treaties, provided two thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the congress may by law vest the appointment of such inferior officers, as they think proper, in the president alone, in the courts of law, or in the heads of departments.
The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session.
SEC. III. He shall from time to time give to the congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper: he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.
SEC. IV. The president, vice-president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
ARTICLE III.
SEC. I. The judicial powers of the United States shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office.
SEC. II. The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made under their authority;――to all cases affecting ambassadors, other public ministers and consuls;――to all cases of admiralty and maritime jurisdiction;――to controversies to which the United States shall be a party;――to controversies between two or more states;――between a state and citizen of another state;――between citizens of different states;――between citizens of the same state claiming lands under grants of different states, and between a state or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed.
SEC. III. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.
No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.
ARTICLE IV.
SEC. I. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.
SEC. II. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several slates.
A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.
SEC. III. New states may be admitted by the congress into this union: but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well es of the congress.
The congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.
SEC. IV. The United States shall guarantee to every state in the union, a republican form of government, and shall protect each of them against invasion: and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
ARTICLE V.
The congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by congress: provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate.
ARTICLE VI.
All debts contracted and agreements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation.
This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.
The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this constitution: but no religious test shall ever be required as a qualification to any office of public trust under the United States.
ARTICLE VII.
The ratification of the conventions of nine states, shall be sufficient for the establishment of this constitution between the states so ratifying the same.
AMENDMENTS
To the Constitution of the United States, ratified according to the provisions of the fifth article of the foregoing Constitution.
[Congress, at its first session, begun and held in the city of New York, on Wednesday, the 4th of March, 1789, proposed to the legislatures of the several states, twelve amendments to the constitution, ten of which, only, were adopted. They are the ten first following:
The 11th article of the amendments was proposed at the second session of the third congress, in 1794; and the 12th article at the first session of the eighth congress in 1804. Both of which were afterwards adopted by the requisite number of states.]
ARTICLE I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
ART. II. A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
ART. III. No soldier shall in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
ART. IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
ART. V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
ART. VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted by the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of council for his defence.
ART. VII. In suits of common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
ART. VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
ART. IX. The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
ART. X. The powers not delegated to the United States, by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
ART. XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.
ART. XII. The electors shall meet in their respective states, and vote by ballot for president and vice president, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-president, and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the president of the senate:――The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted:――The person having the greatest number of votes for president, shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the president. The person having the greatest number of votes as vice-president shall be the vice-president, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-president; a quorum for the purpose shall consist of two thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States.
ANALYSIS OF THE STATE CONSTITUTIONS.
MAINE. The legislative power is vested in a senate and a house of representatives, both elected annually by the people, on the second Monday in September. These two bodies are together styled The Legislature of Maine. The number of representatives cannot be less than one hundred, nor more than two hundred. A town having fifteen hundred inhabitants is entitled to send one representative; but no town can ever be entitled to more than seven representatives. The number of senators cannot be less than twenty, nor more than thirty-one. The executive power is vested in a governor, who is elected annually by the people, on the second Monday in September, and his term of office commences on the first Wednesday in January. A council of seven members is elected annually on the first Wednesday in January, by joint ballot of the senators and representatives, to advise the governor in the executive part of government. The right of suffrage is granted to every male citizen aged twenty-one years or upwards (excepting paupers, persons under guardianship, and Indians not taxed), having had his residence established in the state for the term of three months next preceding an election. The judicial power is vested in a supreme judicial court, and such other courts as the legislature may, from time to time, establish. All the judges are appointed by the governor, with the advice and consent of the council; and they hold their offices during good behavior, but not beyond the age of seventy years.
NEW HAMPSHIRE. A constitution was established in 1784; and in 1792, this constitution was altered and amended, by a convention of delegates held at Concord, and is now in force. The legislative power is vested in a senate and house of representatives, which, together, are styled, The General Court of New Hampshire. Every town, or incorporated township, having one hundred and fifty ratable polls, may send one representative; and for every three hundred additional polls, it is entitled to an additional representative. The senate consists of twelve members, who are chosen by the people in districts. The executive power is vested in a governor and a council, which consists of five members. The governor, council, senators, and representatives, are all elected annually, by the people, on the second Tuesday in March; and their term of service commences on the first Wednesday in June. The right of suffrage is granted to every male inhabitant of twenty-one years of age, excepting paupers and persons excused from paying taxes at their own request. The judiciary power is vested in a superior court and a court of common pleas. Judges are appointed by the governor and council, and hold their offices during good behaviour, but not beyond the age of seventy years.
VERMONT. The first constitution of this state was formed in 1777; the one now in operation was adopted on the 4th of July, 1793. The legislative power is vested in a single body, a house of representatives, elected, annually, on the first Tuesday in September, and styled The General Assembly of the state of Vermont. The executive power is vested in a governor, lieutenant governor, and a council of twelve persons, who are all chosen annually on the first Tuesday in September. They are empowered to commission all offices; to sit as judges to consider and determine on impeachments; to prepare and lay before the general assembly such business as shall appear to them necessary; and have power to revise and propose amendments to the laws passed by the house of representatives. The constitution grants the right of suffrage to every man of the full age of twenty-one years, who has resided in the state for the space of one whole year, next before the election of representatives, and is of quiet and peaceable behavior. The judiciary power is vested in a supreme court, consisting of three judges and of a county court of three judges for each county. Judges of the supreme, county and probate courts, sheriffs, and justices of the peace, are elected annually by the general assembly. A council of censors, consisting of thirteen persons, are chosen every seven years, whose duty is to inquire whether the constitution has been preserved inviolate; whether the legislative and executive branches of government have performed their duty as guardians of the people; whether the public taxes have been justly laid and collected; in what manner the public moneys have been disposed of; and whether the laws have been duly executed.
MASSACHUSETTS. The constitution of this state was formed in 1780, and amended in 1821. The legislative power is vested in a senate and house of representatives, which together are styled The General Court of Massachusetts. The members of the house of representatives are elected annually on the second Monday in November. Every corporate town having one hundred and fifty ratable polls may elect one representative, and another for every additional two hundred and twenty-five ratable polls.
The senate consists of forty members, who are chosen, by districts, annually, on the second Monday in November. The supreme executive magistrate is styled the Governor of the commonwealth of Massachusetts, and has the title of “His Excellency.” The governor is elected annually by the people on the second Monday in November, and at the same time a lieutenant governor is chosen, who has the title of “His Honor.” The governor is assisted in the executive part of government by a council of nine members, who are chosen by the joint ballot of the senators and representatives, from the senators, and in case the persons elected, or any of them, decline the appointment, the deficiency is supplied from among the people at large. The right of suffrage is granted to every male citizen, twenty-one years of age and upwards (excepting paupers and persons under guardianship), who has resided within the commonwealth one year, and within the town or district in which he may claim a right to vote, six calendar months next preceding any election, and who has paid a state or county tax, assessed upon him within two years next preceding such election; and also every citizen who may be by law exempted from taxation, and who may be in all other respects qualified as above mentioned. The judiciary is vested in a supreme court, a court of common pleas, and such other courts as the legislature may establish. The judges are appointed by the governor, by and with the advice and consent of the council, and hold their offices during good behavior.
RHODE ISLAND. The government of this state is founded on the provisions of the charter granted to the colony by Charles II., in 1663; and this is the only state in the union which is without a written constitution. The legislative power is vested in a General Assembly, consisting of a senate and a house of representatives. The house of representatives consists of seventy-two members, elected semi-annually. The senate consists of ten members, who are elected annually in April. The executive power is vested in a governor, who is elected annually in April. A lieutenant governor is also elected, on whom the executive duties devolve in case of the office of governor being vacated. The judges are appointed annually by the general assembly.
CONNECTICUT. The charter granted in 1662 by Charles II., formed the basis of the government of Connecticut till 1818, when the present constitution was framed. The legislative power is vested in a senate and house of representatives, which together are styled the General Assembly. Members of the house of representatives are chosen by the different towns in the state: the more ancient towns, the majority of the whole number, send each two representatives; the rest only one each. The present number is two hundred and eight. The senate must consist of not less than eighteen, nor more than twenty-four members, who are chosen by districts. The present number is twenty-one. The executive power is vested in a governor. A lieutenant governor is also chosen, who is president of the senate, and on whom the duties of the governor devolve in case of his death, resignation, or absence. The representatives, senators, governor, and lieutenant governor, are all elected annually by the people on the first Monday in April. The judicial power is vested in a supreme court of errors, a superior court, and such inferior courts as the general assembly may, from time to time, establish. The judges are appointed by the general assembly; and those of the supreme and superior courts hold their offices during good behavior, but not beyond the age of seventy years. No person is compelled to join, or support, or to be classed with, or associated to, any congregation, church, or religious association. But every person may be compelled to pay his proportion of the expenses of the society to which he may belong: he may, however, separate himself from the society, by leaving a written notice of his wish with the clerk of such society.
NEW YORK. The present constitution of the state of New York was formed in 1822. The executive power is vested in a governor, who is elected by the people every two years; and at the same time, a lieutenant governor is also chosen, who is president of the senate, and on whom, in case of the impeachment, resignation, death, or absence of the governor, from office, the powers and duties of governor devolve. The legislative power is vested in a senate of thirty-two members, who are chosen for four years, and an assembly, of one hundred and twenty-eight members, who are elected annually; and these bodies united are styled the Legislature. For the election of senators, the state is divided into eight districts, each being entitled to choose four senators, one of whom is elected every year. The members of the assembly are chosen by counties, and are apportioned according to population. The constitution grants the right of suffrage, in the election of public officers, to every white male citizen, of the age of twenty-one years, who has been an inhabitant of the state one year next preceding any election, and, for the preceding six months, a resident in the county where he may offer his vote; but no man of color is entitled to vote unless he is possessed of a freehold estate of the value of two hundred and fifty dollars, without any incumbrance. The chancellor and judges are appointed by the governor, with the consent of the senate. The chancellor and justices of the supreme and circuit courts hold their offices during good behavior, or until they attain the age of sixty years. The judges of the county courts, or courts of common pleas, are appointed for a term of five years.
NEW JERSEY. The constitution of New Jersey was formed in 1776; and no revision of it has since taken place, except that the legislature has undertaken to explain its provisions in particular parts. The government is vested in a governor, legislative council, and general assembly; and these bodies united are styled the Legislature. The members of the legislative council and of the general assembly are elected annually, on the second Tuesday in October. The number of members of the legislative council is fourteen, one being elected by each county in the state. The general assembly has consisted, for a number of years past, of forty-three members; but by a law enacted in 1829, seven additional members were added; and it now consists of fifty members. The governor is chosen annually by a joint vote of the council and assembly, at their first joint meeting after each annual election. The governor is president of the council; and the council also elect from their own body, at their first annual meeting, a vice-president, who acts in the place of the governor in his absence. The governor and council form a court of appeals, in the last resort in all cases of law; and they possess the power of granting pardon to criminals after condemnation. The constitution grants the right of suffrage to ‘all persons of full age who are worth fifty pounds proclamation money, clear estate in the same, and have resided within the county in which they claim to vote for twelve months immediately preceding the election.’ [The legislature has declared by law, that every white male inhabitant, who shall be over the age of twenty-one years, and shall have paid a tax, shall be considered worth fifty pounds, and shall be entitled to vote;――and by another legislative act, females and negroes are prohibited from voting.] Judges are appointed by the legislature; those of the supreme court for a term of seven years, and those of the inferior courts, for five years; both are capable of being re-appointed.
PENNSYLVANIA. The first constitution of Pennsylvania was adopted in 1776; the present constitution in 1790. The legislative power is vested in a General Assembly, consisting of a senate and house of representatives. The representatives are elected annually, on the second Tuesday in October, by the citizens of Philadelphia and of the several counties, apportioned according to the number of taxable inhabitants. The number cannot be less than sixty, nor more than one hundred. The senators are chosen for four years, one fourth being elected annually, at the time of the election of the representatives. Their number cannot be greater than one third, nor less than one fourth, of the number of the representatives. The executive power is vested in a governor, who is elected by the people on the second Tuesday in October, and who holds his office during three years, from the third Tuesday in December next following his election; and he cannot hold the office more than nine years, in any term of twelve years. The judicial power is vested in a supreme court, in courts of oyer and terminer and jail delivery, in courts of common pleas, an orphans’ court, a registers’ court, a court of quarter sessions of the peace for each county; and in such other courts as the legislature may from time to time establish. The judges of the supreme court, and the several courts of common pleas, are appointed by the governor, and hold their offices during good behavior. The right of suffrage is possessed by every freeman of the age of twenty-one years, who has resided in the state two years next preceding an election, and within that time paid a state or county tax, assessed at least six months before the election.
DELAWARE. The constitution of this state was formed in 1792, and amended 1831. The legislature is styled the General Assembly, and consists of a senate and house of representatives. The senators are nine in number, namely, three from each county, and are elected for a term of four years. The representatives are elected for a term of two years, and are twenty-one in number, seven from each county. The general election is held biennially, on the second Tuesday in November. The executive power is vested in a governor, who is elected by the people for a term of four years, and is not eligible for a second term. Judicial power is vested in a court of errors and appeals, a superior court, a court of chancery, an orphans’ court, a court of oyer and terminer, a court of general sessions of the peace, and jail delivery, a registers’ court, justices of the peace, and such other courts as the general assembly may (by a vote of two thirds of each house) establish. The right of suffrage is granted to every white male citizen, of the age of twenty-two years or upwards, having resided in the state one year, next before the election, and the last month in the county where he votes; and having within two years paid a county tax. Also, to every free white male over twenty-one, and under twenty-two years of age, having resided, as aforesaid, without payment of any tax.
MARYLAND. The constitution of this state was first formed in 1776; since which time, many amendments have been made. The legislative power is vested in a senate, consisting of fifteen members, and a house of delegates, consisting of eighty members; and these two branches united are styled The General Assembly of Maryland. The members of the house of delegates, four from each county, and two each from the cities of Baltimore and Annapolis, are elected annually by the people, on the first Monday in October; and the members of the senate are elected every fifth year, on the third Monday in September, at Annapolis, by electors who are chosen by the people, on the first Monday of the same month of September. These electors choose by ballot nine senators from the western shore, and six from the eastern, who hold their offices five years. The executive power is vested in a governor, who is elected annually, on the first Monday in January, by a joint ballot of both houses of the general assembly. No one can hold the office of governor more than three years successively, nor be eligible as governor until the expiration of four years after he has been out of that office. The governor is assisted by a council of five members, who are chosen annually by a joint ballot of the senate and house of delegates. The general assembly meets annually (at Annapolis) on the last Monday in December. The council of the governor is elected on the first Tuesday in January; the governor nominates to office, and the council appoints. The constitution grants the right of suffrage to every free, white, male citizen, above twenty-one years of age, having resided twelve months within the state, and six months in the county, or in the city of Annapolis or Baltimore, next preceding the election at which he offers to vote. The chancellor and judges are nominated by the governor, and appointed by the council; and they hold their offices during good behavior.
VIRGINIA. The old constitution of this state was formed in 1776, and continued in operation until 1830, when the present amended constitution was formed by a convention, and accepted by the people. By this constitution, the legislative power is vested in a senate and a house of delegates, which are together styled The General Assembly of Virginia. The house of delegates consists of one hundred and thirty-four members, chosen annually. The senate consists of thirty-two members. Senators are elected for four years; and the seats of one fourth of them are vacated every year. In all elections to any office or place of trust, honor, or profit, the votes are given openly, or viva voce, and not by ballot. A re-apportionment for representation in both houses is to take place every ten years, commencing in 1841, until which time there is to be no change in the number of delegates and senators from the several divisions; and after 1841, the number of delegates is never to exceed one hundred and fifty; nor that of the senators, thirty-six. The time of election of delegates is fixed by the general assembly, and at present takes place in April. The executive power is vested in a governor, elected by the joint vote of the two houses of the general assembly. He holds his office three years, commencing on the first of January next succeeding his election, or on such other day as may be from time to time prescribed by law; and he is ineligible for the three years next after the expiration of his term of office. There is a council of state, consisting of three members elected for three years, by the joint vote of the two houses: the seat of one being vacated annually. The senior counsellor is lieutenant governor. Judges of the supreme court of appeals, and of the superior courts, are elected by a joint vote of both houses of the general assembly, and hold their offices during good behavior, or until removed by a concurrent vote of both houses; but two thirds of the members present must concur in such vote, and the cause of removal be entered on the journals of each house. Right of suffrage is extended to every white male citizen of the commonwealth, resident therein, aged twenty-one years and upwards, who is qualified to exercise the right of suffrage according to the former constitution and laws; or who owns a freehold of the value of twenty-five dollars; or who has a joint interest to the amount of twenty-five dollars in a freehold; or who has a life estate in, or reversionary title to, land of the value of fifty dollars, having been so possessed for six months; or who shall own and be in the actual occupation of a leasehold estate, having the title recorded two months before he shall offer to vote――of a term originally not less than five years, and of the annual value or rent of two hundred dollars; or who, for twelve months before offering to vote, has been a housekeeper and head of a family, and shall have been assessed with a part of the revenue of the commonwealth within the preceding year, and actually paid the same.
NORTH CAROLINA. The constitution of North Carolina was agreed to and resolved upon, by representatives chosen for that purpose, at Halifax, December 18, 1776. The legislative authority is vested in a body, styled the General Assembly, consisting of a senate and a house of commons, both elected annually by the people. The chief executive officer is the governor, who is chosen annually by a joint vote of the two houses; and he is eligible for three years only in six. He is assisted by an executive council of seven members, chosen annually by a joint vote of the two houses. In case of the death of the governor, his duties devolve upon the speaker of the senate. Judges of the supreme and superior courts are appointed by a joint vote of the two houses, and hold their offices during good behavior. The constitution grants the right of voting for members of the house of commons to all freemen of the age of twenty-one years, who have been inhabitants of the state twelve months immediately preceding the election; but in order to vote for a senator, a freeman must be possessed of a freehold of fifty acres of land.
SOUTH CAROLINA. The first constitution of this state was formed in 1775; the present constitution was adopted in 1790. Legislative authority is vested in a General Assembly, consisting of a senate and a house of representatives. The senate consists of forty-five members, who are elected by districts for four years, one half being chosen biennially. The house of representatives consists of one hundred and twenty-four members, who are apportioned among the several districts, according to the number of white inhabitants and taxation; and are elected for two years. The representatives, and one half of the senators, are chosen every second year, on the second Monday in October and the day following. The executive power is vested in a governor, who is elected for two years, by a joint vote of the senate and house of representatives, at every first meeting of the house of representatives. A governor, after having performed the duties of the office for two years, cannot be re-elected till after the expiration of four years. At the time of the election of governor, a lieutenant governor is chosen in the same manner, and for the same period. The chancellor and judges are appointed by the joint ballot of the senate and house of representatives, and hold their offices during good behavior. The constitution grants the right of suffrage to every free, white, male citizen, of the age of twenty-one years, having resided in the state two years previous to the day of election, and having been possessed of a freehold of fifty acres of land, or a town lot, at least six months before such election, or (not having such freehold or town lot) having been a resident in the election district in which he offers his vote, six months before said election, and having paid a tax the preceding year of three shillings sterling towards the support of the government.
GEORGIA. The first constitution of Georgia was formed in 1777; a second, in 1785; and a third, the one now in operation, in 1798. The legislative power is vested in a senate and house of representatives, which, together, are styled the General Assembly. The members of both houses are chosen annually, on the first Monday in October. One senator is elected for each county, and the number of representatives is in proportion to population, including three fifths of all the people of color; but each county is entitled to at least one, and no one to more than four members. The executive power is vested in a governor, who was formerly elected by the general assembly, but he is now (and ever since 1824) elected by the people, and holds the office for two years. The constitution grants the right of suffrage to all ‘citizens and inhabitants who have attained the age of twenty-one years, and have paid all the taxes which may have been required of them, and which they may have had opportunity of paying, agreeably to law, for the year preceding the election, and shall have resided six months within the county.’ The judicial power is vested in a superior court, and in such inferior jurisdictions as the legislature may, from time to time, ordain and establish; and the superior and inferior courts sit twice in each county every year. Judges of the superior court are elected by the legislature for three years; justices of the inferior courts, and justices of the peace, are elected quadrennially by the people; and clerks of the superior and inferior courts biennially.
ALABAMA. The legislative power is vested in two branches, a senate and house of representatives, which together are styled The General Assembly of the State of Alabama. The representatives are elected annually, and are apportioned among the different counties in proportion to the white population; the whole number cannot exceed one hundred, nor fall short of sixty. The senators are elected for three years, and one third of them are chosen every year. Their number cannot be more than one third, nor less than one fourth of the number of representatives. The executive power is vested in a governor, who is elected by the people for two years, and is eligible four years out of six.
The representatives and one third of the senators are elected annually on the first Monday in August and the day following; and the governor is elected biennially at the same time. The general assembly meets annually at Tuscaloosa, on the fourth Monday in October. The right of suffrage is possessed by every white, male citizen of twenty-one years of age, who has resided within the state one year preceding an election, and the last three months within the county, city, or town, in which he offers his vote. The judicial power is vested in one supreme court, in circuit courts, and such inferior courts as the general assembly may, from time to time, direct and establish. The judges are elected by a joint vote of both houses of the general assembly, every six years.
MISSISSIPPI. The constitution of this state was formed at the town of Washington, in August, 1817, but has been recently revised. Among the articles of the bill of rights of the new constitution, there are some, embracing subjects which are elsewhere made the subject of legislation. In all prosecutions for libel, if the defendant shall make it appear that the matter charged as libellous is true, and has been published with good motives and for justifiable ends, he is to be acquitted. It is also provided that the person of a debtor, who shall deliver up his estate for the benefit of his creditors, shall not be detained in prison, unless there is ‘strong presumption of fraud.’ Another article declares, that no person shall be elected or appointed to any office for life, or during good behavior: but the tenure of all offices shall be for some limited period of time. The principle of representation is as follows: The legislature is at stated periods to require an enumeration of the free white inhabitants to be made, and to cause the whole number of representatives, which is not to be less than thirty-six, nor more than one hundred, to be apportioned among the several counties, cities, or towns, entitled to separate representation, according to the number of free white inhabitants in each; but each county is to be entitled to at least one representative. When any city or town shall have a number of free white inhabitants equal to the established ratio, it is to have a separate representation; and if the residuum or fraction in any such city or town, shall, when added to the fraction of the county in which it lies, be equal to the ratio, the county, city, or town, having the largest fraction, shall be entitled to such representation. The senators are at the same time to be apportioned among several districts, according to the number of free white inhabitants in each, and their number is not to exceed one third, or be less than one fourth, of the number of representatives. These districts are to be formed by the legislature, at stated periods. The judicial department is to be constituted as follows: The state is to be divided into three districts, in which three judges of a high court of errors and appeals are to be chosen by the people, for the term of six years. In the first instance, however, the seat of one judge is to be vacated in two years, that of a second in four, and that of the third in six, so that there may be a new election in each of the districts, at the expiration of every two years. Their jurisdiction is described to be such as properly belongs to a court of errors and appeals. A circuit court is to be established, consisting of judges to be elected in districts, into which the state is to be divided for the purpose, and each of which is to comprehend not more than twelve, nor less than three counties. Among the other provisions of this instrument, is the following: That no loan shall be raised on the credit of the state, nor the public faith pledged for the redemption of any debt, unless the bill for that purpose, after passing the legislature, shall be published, for three months successively, in three newspapers, and shall be passed a second time by the next succeeding legislature.
LOUISIANA. The constitution of this state was formed in 1812. The legislative power is vested in a senate and house of representatives, both together styled The General Assembly of the State of Louisiana. The representatives are elected for two years. Their number cannot be less than twenty-five, nor more than fifty; and they are apportioned according to the number of electors, as ascertained by enumeration every four years. Members of the senate are elected for four years; one half being chosen every two years, at the time of the election of the representatives. The state is divided into sixteen senatorial districts, in each of which one senator is chosen. Executive power is vested in a governor, who is elected for the term of four years. The people give their votes for a governor at the time and place of voting for representatives and senators; and on the second day of the succeeding session of the general assembly, the two houses, by a joint ballot, elect for governor one of the two candidates who have the greatest number of votes. Right of suffrage is possessed by every white male citizen of the United States, of the age of twenty-one years, who has resided in the county in which he offers to vote one year next preceding the election, and who, in the last six months prior to said election, has paid a state tax. Judiciary power is vested in a supreme court, which possesses appellate jurisdiction only, and such inferior courts as the legislature may establish. The judges are appointed by the governor, with the advice and consent of the senate, and hold their offices during good behavior.
TENNESSEE. The constitution of this state was formed at Knoxville, in 1796. Legislative authority is vested in a general assembly, consisting of a senate and house of representatives; and the members of both houses are elected biennially, on the first Thursday and Friday in August. The number of representatives is sixty, who are apportioned among the different counties, according to the number of taxable inhabitants. The number of senators cannot be less than one third, nor more than one half, of the number of representatives. The executive power is vested in a governor, who is elected at the same time with the senators and representatives, and who holds his office for the term of two years, but is not eligible more than six years in any term of eight. The right of suffrage is granted to every freeman of the age of twenty-one years, possessing a freehold in the county where he offers his vote, and to every freeman who has been an inhabitant of any one county in the state, six months immediately preceding the day of election. Judiciary power is vested in such superior and inferior courts, as the legislature may from time to time direct and establish. The judges are appointed by a joint ballot of both houses, and hold their offices during good behavior.
KENTUCKY. On the separation of Kentucky from Virginia, in 1790, a constitution was adopted, which continued in force till 1799, when a new one was formed instead of it; and this is now in force. The legislative power is vested in a senate and house of representatives, which, together, are styled The General Assembly of the Commonwealth of Kentucky. The representatives are elected annually, and are apportioned, every four years, among the different counties, according to the number of electors. The senators are elected for four years, one quarter of them being chosen annually. The executive power is vested in a governor, who is elected for four years, and is ineligible for the succeeding seven years after the expiration of his term of office. At the election of governor, a lieutenant governor is also chosen, who is speaker of the senate, and on whom the duties of the governor devolve, in case of his absence or removal. The constitution grants the right of suffrage to every free male citizen (people of color excepted) who has attained the age of twenty-one years, and has resided in the state two years, or in the county where he offers his vote one year next preceding the election. Judiciary power is vested in a supreme court, styled the court of appeals, and in such inferior courts as the general assembly may, from time to time, erect and establish. Judges of the different courts, and justices of the peace, hold their offices during good behavior.
OHIO. The constitution of this state was formed at Chillicothe, in 1802. The legislative power is vested in a senate and house of representatives, which, together, are styled The General Assembly of the State of Ohio. The representatives are elected annually, on the second Tuesday in October; and they are apportioned among the counties according to the number of white male inhabitants above twenty-one years of age. Their number cannot be less than thirty-six, nor more than seventy-two. The senators are chosen biennially, and are apportioned according to the number of white male inhabitants of twenty-one years of age. Their number cannot be less than one third, nor more than one half of the number of representatives. The executive power is vested in a governor, who is elected by the people for two years. Right of suffrage is granted to all white male inhabitants above the age of twenty-one years, who have resided in the state one year next preceding the election, and who have paid, or are charged with a state or county tax. Judicial power is vested in a supreme court, in courts of common pleas for each county, and such other courts as the legislature may from time to time establish. The judges are elected by a joint ballot of both houses of the general assembly, for the term of seven years.
INDIANA. Executive power is vested in a governor, who is elected by the people for a term of three years, and may be once re-elected. At every election of governor, a lieutenant governor is also chosen, who is president of the senate, and on whom, in case of the death, resignation, or removal of the governor, the powers and duties of governor devolve. The legislative authority is vested in a general assembly, consisting of a senate, the members of which are elected for three years, and a house of representatives, elected annually. The number of representatives can never be less than thirty-six, nor more than one hundred; and they are apportioned among the several counties, according to the number of white male inhabitants above twenty-one years of age. The number of senators, who are apportioned in like manner, cannot be less than one third, nor more than one half of the number of representatives. The representatives, and one third of the members of the senate, are elected annually, on the first Monday in August; and the governor is chosen on the same day, every third year. Right of suffrage is granted to all male citizens of the age of twenty-one years or upwards, who may have resided in the state one year immediately preceding an election. Judiciary power is vested in one supreme court, in circuit courts, and in such other inferior courts as the general assembly may establish. The supreme court consists of three judges; and each of the circuit courts consists of a president and two associate judges. Judges are all appointed for the term of seven years. Judges of the supreme court are appointed by the governor, with the consent of the senate; presidents of the circuit courts, by the legislature; and associate judges are elected by the people.
ILLINOIS. The legislative authority is vested in a general assembly, consisting of a senate, the members of which are elected for four years; and of a house of representatives, elected biennially. ‘The number of representatives shall not be less than twenty-seven, nor more than thirty-six, until the number of inhabitants within the state shall amount to one hundred thousand; and the number of senators shall never be less than one third, nor more than one half of the number of representatives.’ Executive power is vested in a governor, who is elected by the people for four years; and he is not eligible for more than four years in any term of eight years. At the election of governor, a lieutenant governor is also chosen, who is speaker of the senate; and on whom, in case the governor vacates his office, the duties of governor devolve. Representatives, and one half of the senators, are elected biennially, on the first Monday in August; and the governor is chosen every fourth year, at the same time. All white male inhabitants, above the age of twenty-one years, having resided in the state six months next preceding an election, have the rights of electors. The judicial power is vested in a supreme court, and in such inferior courts as the general assembly may establish. The judges are appointed by a joint ballot of both branches of the general assembly, and hold their offices during good behavior.
MISSOURI. The constitution of this state was formed at St. Louis, in 1820. Legislative power is vested in a general assembly, consisting of a senate and house of representatives. Representatives are chosen every second year. Every county is entitled to at least one representative; but the whole number can never exceed one hundred. The senators are elected for four years; the seats of one half being vacated every second year. The constitutional number is not less than fourteen, nor more than thirty-three. They are chosen by districts, and are apportioned according to the number of free white inhabitants. Executive power is vested in a governor, who is elected for four years, on the first Monday in August; and he is ineligible for the next four years after the expiration of his term of service. At the time of the election of governor, a lieutenant governor is also chosen, who is, by virtue of his office, president of the senate. Right of suffrage is granted to every white male citizen who has attained the age of twenty-one years, and has resided in the state one year before an election, the last three months thereof being in the county or district in which he offers his vote. Judicial power is vested in a supreme court, in a chancellor, circuit courts, and such other inferior tribunals as the general assembly may, from time to time, establish. Judges are appointed by the governor, by and with the advice and consent of the senate; and they hold their offices during good behavior, but not beyond the age of sixty-five years.
MICHIGAN. The Constitution of this State was formed in 1835. The legislative power is vested in a senate and house of representatives; the number of representatives is never less than forty-eight, nor can it exceed one hundred; and the senate is to equal one third of the house, as nearly as may be. The representatives are to be chosen annually on the first Monday of November, and the day following; on the same days, once in two years, the senators are elected. The State is divided, at each new apportionment, into not less than four, nor more than eight senatorial districts. The legislature commences its session on the first Monday of January. The executive power is vested in a governor and lieutenant governor, who are chosen directly by the people once in every two years. The lieutenant governor is president of the senate, and in the absence of the governor performs the duties of his office. The judicial power is vested in a supreme court, and such other courts as the legislature may establish. The judges of the supreme court hold their office for seven years. They are appointed by the governor, by and with the advice and consent of the senate.
The right of suffrage is possessed by all white male citizens over twenty-one years of age, who have resided in the state six months preceding any election in the townships where they reside. Slavery and involuntary servitude are forbidden in the state, except for crime.
ARKANSAS. Every free white male citizen of the United States, who shall have been a citizen of the State for six months, shall be deemed a qualified elector. Members of the house of representatives are to be elected for two years, and of the senate for four years. The general assembly meets every two years. All general elections are to be viva voce. The senate can never consist of less than seventeen, nor more than thirty-three members. The house of representatives shall consist of not less than fifty-four, nor more than one hundred. The governor is to hold his office for four years, but shall not be eligible for more than eight years in any period of twelve years. Tho judicial power is vested in a supreme court, circuit courts, and in justices of the peace. The supreme court consists of three judges. Its jurisdiction is appellate. The official terms of the judges of the supreme court is eight years; of the judges of the circuit court, four years. They are chosen by the general assembly. Justices of the peace are elected for two years, by the people.
IX. ――CONVENTION
IN the chapter preceding, a brief account has been given of the progress of Government among the people of the United States, from those early leagues, or compacts, which being passed by the colonists, served to bind them together in the bonds of a good degree of peace and amity, down to the formation of that constitution, which, now, for more than half a century has been the basis of our civil and political prosperity. But in relation to this last great change in the general government of the country, further statements are necessary. There are certain historical facts, in relation to the Convention which framed the Constitution, which every work of a similar character to the present should record, and which should be treasured up in the recollection of every free-born American.
Not a few of the men who composed this august assembly had borne a conspicuous part in the Revolutionary struggle, which achieved our independence. They had perilled life and fortune, in the great cause of freedom, and although that object had been won, they perceived that something further was necessary, or the toils and hardships, the sacrifice of life and fortune, during a seven years’ war had all been in vain. The enemies of the revolution had predicted that a separation from the mother country would be followed by anarchy and confusion. It was confidently affirmed, that the Americans would be found incapable of self-government. So, for a time, it indeed seemed likely to prove. The confederation, it was apparent, was inadequate to the wants of the people. It embraced provisions which rendered the administration of government under it nearly impossible; and yet no amendments might be made to it, without the assent of every state in the Union. Experience had shown that no relief could be expected from this quarter.
The first measure which led to the Convention of 1787, was adopted by Virginia, in a proposition of her Legislature in January, 1786, for a convention of delegates to regulate our foreign commerce. In a letter to General Washington in March, 1786, Mr. Jay observed, “Experience has pointed out errors in our national government, which call for correction, and which threaten to blast the fruit we expected from our tree of liberty. The convention proposed by Virginia, may do some good, and would, perhaps, do more, if it comprehended more objects. An opinion begins to prevail, that a general convention for revising the articles of confederation, would be expedient. Whether the people are yet ripe for such a measure, or whether the system proposed to be obtained by it, is only to be expected from calamity and commotion, is difficult to ascertain.”
In a second letter to the same person in June, his views and feelings are thus expressed: “Our affairs seem to lead to some crisis, some revolution, something that I cannot foresee or conjecture. I am uneasy and apprehensive, more so than during the war. Then we had a fixed object, and though the means and time of obtaining it, were often problematical, yet I did firmly believe, that justice was with us. The case is now altered. We are going and doing wrong, and, therefore, I look forward to evils and calamities, but without being able to guess at the instrument, nature or measure of them.”
“Your statements,” said General Washington, in reply to these communications, “that our affairs are drawing rapidly to a crisis, accord with my own. What the event will be, is also beyond my foresight. We have errors to correct; we have, probably, had too good an opinion of human nature, in forming our confederation. Experience has taught us, that men will not adopt and carry into execution measures the best calculated for their own good, without the intervention of coercive power. I do not conceive we can exist long as a nation, without lodging somewhere, a power, which will pervade the whole Union, in as energetic a manner as the authority of the state governments extends over the several states.”
Similar views were expressed by many of the distinguished men of the nation. An opinion prevailed among all classes that some measures were essential to the salvation of the country; but as yet no one saw distinctly what those measures should be, or what, amid the prevalent jealousies of so many different states, could be adopted.
The above proposal of Virginia met with so much favor, that delegates, or commissioners, were appointed by Virginia, Delaware, Pennsylvania, New Jersey and New York. These convened at Annapolis, in September of 1786. Delegates were also appointed by New Hampshire, Massachusetts, Rhode Island, and North Carolina, but did not attend. In consequence of such a partial representation of the states, the commissioners deemed it inexpedient to proceed in the important business which had called them together. But it was still more than ever apparent, that a general convention was essential, and must be effected. They therefore drew up a report and an address to the states, in which, after stating the defects of the federal government, and that the situation of the United States “was delicate and critical, calling for an exertion of the virtue and wisdom of the confederacy,” they recommended to all the states, to concur “in the appointment of commissioners, to meet at Philadelphia, on the second Monday in May, 1787, to take into consideration the situation of the United States, to devise such further provisions as should appear to them necessary, to render the constitution of the federal government adequate to the exigences of the Union. This address was also sent to congress, as well as to the several states.”
Virginia first appointed delegates, according to the recommendation of the meeting at Annapolis. The general assembly of that state, which commenced their session in October, 1786, selected seven of their most distinguished citizens, to meet delegates from the other states, at Philadelphia, in May following, and “to join with them, in devising and discussing all such alterations and further provisions, as may be necessary to render the federal constitution adequate to the exigences of the Union.” Other states soon after followed the example of Virginia. In February, 1787, the subject claimed the attention of congress, and they passed the following resolution:
“Whereas there is provision, in the articles of confederation and perpetual union, for making alterations therein, by the assent of a congress of the United States, and of the legislatures of the several states; and whereas experience hath evinced, that there are defects in the present confederation, as a means to remedy which, several of the states, and particularly the state of New York, by express instruction to their delegates in congress, have suggested a Convention for the purpose expressed in the following resolution; and such Convention appearing to be the most probable means of establishing in these states a firm national government――
“Resolved, That in the opinion of congress, it is expedient, that on the second Monday in May next, a Convention of delegates, who shall have been appointed by the several states, be held at Philadelphia, for the sole and express purpose of revising the articles of confederation, and reporting to congress and the several legislatures, such alterations and provisions therein, as shall, when agreed to in congress, and confirmed by the states, render the federal constitution adequate to the exigences of government, and the preservation of the Union.”
In consequence of this, delegates to the Convention were appointed from all the states, except Rhode Island.
To the generation, which since those times has come on to the stage, it may appear singular, that such obstacles to a Convention should have existed. But it is to be remembered that the path to be trod was new and untried. The political elements were in a deranged state. Sectional interests were at war. The principles of free government were not then drawn out and harmonized. No model existed adapted to the country. Is it surprising, then, that the process was slow――that fears were indulged――that opposite views were entertained? On the contrary, looking at the state of the country as it then was――the political and commercial jealousies, which had arisen among the states――their difference in extent, wealth, and population, as well as in the habits, religion, and education of their inhabitants――it may well excite our admiration, that a few years achieved such important changes, and produced a constitution, which has operated so happily in its practical influence upon political communities so distinct, and to this day so independent.
Among the causes which served to produce a general conviction of the necessity of a more efficient government, none, perhaps, had greater influence, than the insurrection in Massachusetts, in the year 1786. “This open and formidable opposition to the laws,” observes a writer, “threatened not only the destruction of the government of that state, but of the Union. So numerous were the insurgents in the western counties, and so confident of success, and even of support from their fellow-citizens, that they refused all terms of accommodation offered by the legislature. They completely obstructed judicial proceedings in several counties, and for a time, it was extremely doubtful, whether a sufficient force could be found in Massachusetts to reduce them to obedience.”[81]
The delegates appointed by the states to convene at Philadelphia, met at the time and place designated. George Washington was unanimously elected to preside in their deliberations.
A question of great magnitude presented itself, in the very commencement of their session, viz.: whether they should amend the old, or form a new system. For the former object they had been appointed, congress having limited their powers to revising the articles of the confederation. But the defects of the old government were so many, and so serious, that the voice of the majority decided in favor of an entirely new system. Accordingly on the 29th of May, Edmund Randolph, of Virginia, submitted fifteen resolutions, as the basis of a new constitution. These resolutions, denominated the Virginia plan, were debated and amended, until the 15th of June, when Mr. Patterson, of New Jersey, presented a project, for revising the articles of confederation. This was called the Jersey plan. The propositions of this latter plan having been the subject of debate till the 19th of June, were rejected by seven states against three, and one divided. The resolutions of Mr. Randolph therefore again came under consideration, and on the 4th of July, with the exception of those relating to the executive, were referred to a committee, consisting of Mr. Rutledge, Mr. Randolph, Mr. Gorham, Mr. Ellsworth, and Mr. Wilson, for the purpose of reducing them to the form of a constitution. On the 26th of the same month, those relating to the executive having been adopted, they, with various other propositions submitted by individuals, were referred to the same committee, and the Convention adjourned to the 6th of August, when the committee reported a draft of a constitution. This was under debate until the 8th of September, and underwent many material alterations. A committee, consisting of Mr. Johnson, Mr. Hamilton, G. Morriss, Mr. Madison, and Mr. King was then selected “to revise the style, and arrange the articles.” The manner in which these eminent scholars and statesmen performed the duty assigned them, appears from the great precision and accuracy of the language of the Constitution, as well as the happy arrangement of its various articles.
The report of this committee was made on the 12th, and on the 17th of September, after a session of about four months, the Constitution was finally adopted, and signed by all the members then present.
During the progress of debate, several questions of interest arose in the Convention――but none, perhaps, more exciting than that which related to the relative weight of the states, in the two branches of the legislature. After much debate, the small states consented that the right of suffrage in the house, should be in proportion to the whole number of white, or other free citizens in each, including those bound to service for a term of years, and three fifths of all other persons. While they yielded this point, they insisted on an equal vote in the senate.
To this the large states were unwilling to assent; and on this question, the states remained, for a time, about equally divided. On the first trial, in committee of the whole, six states against five decided that the right of suffrage in the senate should be the same as in the house; the states of Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, and Georgia, being in the affirmative; and Connecticut, New York, New Jersey, Delaware, and Maryland, in the negative.
On the 29th of June, the question was again presented to the consideration of the Convention, in a motion made by Mr. Ellsworth, “that in the second branch, each state should have an equal vote.” We cannot pretend to give even an outline of the arguments in favor and against this motion. The debate was warm and exciting. For several days, the powers of mighty minds were in animated collision, and from the strong ramparts behind which the respective parties had apparently entrenched themselves, there was for a time little prospect of union on the question.
On the 2d of July, the question was taken on the motion of Mr. Ellsworth, that in the senate each state should have one vote, and five states were in favor of it, five against it, and one divided; and the motion was lost. This equal division on a subject of such importance, accompanied with so much warmth on both sides, seemed to present an insurmountable obstacle to further proceedings of the Convention, without some compromise. To effect this, Charles C. Pinckney, of South Carolina, moved for the appointment of a committee to take into consideration the subject of both branches of the legislature. This motion prevailed, though not without opposition. Some of the members were in favor of appointing a committee, though they had little expectation of a favorable result. Mr. Martin, of Maryland, declared, that each state must have an equal vote, or the business of the Convention was at an end.
Mr. Sherman said, we have got to a point, that we cannot move one way or the other; a committee is necessary to set us right. Mr. Gerry observed, that the world expected something from them――if we do nothing, we must have war and confusion――the old confederation would be at an end. Let us see if concessions cannot be made――accommodation is absolutely necessary, and defects may be amended by a future Convention.
Thus the Convention was at a stand. Hopes were indeed entertained that unanimity of views might on some basis prevail, but the longer continuance of the debate, in the then existing state of the Convention, it was apparent, was engendering no good. About this time, the venerable Franklin rose and addressed the President:
“Mr. President――The small progress we have made after four or five weeks’ close attendance and continual reasonings with each other, our different sentiments on almost every question, several of the last producing as many noes as ayes, is, methinks, a melancholy proof of the imperfection of the human understanding. We indeed seem to feel our want of political wisdom, since we have been running all about in search of it. We have gone back to ancient history for models of government, and examined the different forms of those republics which, having been originally formed with the seeds of their own dissolution, now no longer exist; and we have viewed modern states all round Europe, but find none of their constitutions suitable to our circumstances. In this situation of this assembly, groping, as it were, in the dark, to find political truth, and scarce able to distinguish it when presented to us, how has it happened, sir, that we have not hitherto once thought of humbly applying to the Father of Lights to illuminate our understandings? In the beginning of the contest with Britain, when we were sensible of danger, we had daily prayers in this room for the divine protection? Our prayers, sir, were heard;――and they were graciously answered. All of us, who were engaged in the struggle, must have observed frequent instances of a superintending providence in our favor. To that kind providence we owe this happy opportunity of consulting in peace, on the means of establishing our future national felicity. And have we now forgotten that powerful friend?――or do we imagine we no longer need his assistance? I have lived, sir, a long time; and the longer I live, the more convincing proofs I see of this truth――that God governs in the affairs of men! And if a sparrow cannot fall to the ground without his notice, is it probable that an empire can rise without his aid? We have been assured, sir, in the sacred writings, that ‘except the Lord build the house, they labor in vain that build it.’ I firmly believe this; and I also believe, that without his concurring aid, we shall succeed in this political building no better than the builders of Babel: we shall be divided by our little partial local interests, our projects will be confounded, and we ourselves shall become a reproach and a by-word down to future ages. And what is worse, mankind may hereafter, from this unfortunate instance, despair of establishing government by human wisdom, and leave it to chance, war, and conquest.
“I therefore beg leave to move, that henceforth prayers, imploring the assistance of heaven, and its blessings on our deliberations, be held in this assembly every morning, before we proceed to business; and that one or more of the clergy of this city be requested to officiate in that service.”
This was a well timed suggestion, and coming as it did from so venerable a man as Dr. Franklin, was responded to by the Convention. It is wonderful that the blessing and guidance of the God of nations had not been sought before.
Impressed with the necessity of compromise, the convention chose a committee by ballot, consisting of one from each state, and then adjourned for three days. On re-assembling, it was found that greater harmony prevailed――a report was presented from the committee, which being accepted, the Convention proceeded with a good degree of unanimity in their deliberations, until at length a constitution was agreed upon. Of the fifty-five members who attended the Convention, thirty-nine signed this instrument. Of the remaining sixteen, several who were in favor of it were obliged, from particular business, to leave the Convention before it was ready for signing.[82]
The Convention recommended that the constitution should be submitted to state conventions, and that as soon as the same should be ratified by a constitutional majority, congress should take measures for the election of a President, and fix the time for commencing proceedings under it.
At the first session of the first congress, the senate and house of representatives, two thirds concurring, recommended to the states the adoption of twelve amendments to the constitution, comprising chiefly those parts of the recommendations of the states which we have already noticed as having been adopted. Ten of these amendments were adopted by three fourths of the legislatures of the states, and became a part of the constitution. Subsequently three other amendments were added.
On the 10th of January, 1791, Vermont, the first of the new states, joined the Union, and gave its assent to the constitution. Since then, the constitution has been adopted, assented to and ratified by other states, until there are now in the Republic twenty-six states, which it is hoped are connected by ties which will continue unbroken so long as time shall last.[83]