History of the federal government, for fifty years : from March, 1789 to March, 1839

Front matter

HISTORY

FEDERAL GOVERNMENT.

FIFTY YEARS:

Chapter I

Formation of Federal Government. Power of Old Congress, under the Confederation. Design and Nature of the Federal Constitution. Extent of the Powers granted to the General Government. The Powers not delegated remain with the Separate States, which in most cases are still Sovereign. Address of President Washington. Of Mr. Adams, Vice President. Acts of First Session of Congress. Auspicious Effects of Federal Government. Power of the President in Appointments to Office. Second Session. Report of Secretary of Treasury on Finances and Revenue. Speech of President, December, 1789. Proceedings of Congress on the Report of Secretary, and on Subjects mentioned in Speech. Indian Tribes. Difference proposed between Original and Present Holders of Public Securities. Funding System. Military Peace Establishment. Slavery. Permanent Seat of Government. Distinguished Members of First Congress.

The federal Constitution, prepared by a Convention of delegates, from twelve of the thirteen independent States of North America, in 1787,* was adopted by the requisite majority of those States in 1788 f; and in April, 1789,^ the federal government, provided by that compact, was organ-

* The State of Rhode Island did not send delegates to the Convention.

t Before August, 1788, ten States had adopted the new Constitution, being one more than the number required by that instrument, to have the government organized, viz : Delaware, Pennsylvania, New Jersey, in December, 1787 ; Georgia, and Connecticut, in January, 1788 ; Massachusetts, in February, 1788 ; Maryland, in April, 1788 ; South Carolina, in May ; New Hampshire, New York, and Virginia, in June ; North Carolina, in November, 1789 ; Rhode Island, May, 1790 ; Vermont, in January, 1791. — Six States accepted the Constitution without proposing any amendments, and seven States proposing amendments, most of which were afterwards adopted, and added to the original Constitution.

t A quorum was not formed till the first of April, though March had been proposed by the old Congress, when it announced the adoption of the Constitution by nine States.

ked, and commenced the exercise of high political powers. This convention was called, not by the people of the Statesdirectly, but by their representatives, or the legislatures of the States ; but the Constitution, prepared by the Convention, was adopted by delegates chosen by the people in each State ; and is justly to be considered the act and will of the majority of the people (in the States respectively) as declared in the preamble, " We, the people," &c. The amendments to the federal Constitution, proposed by the first Congress, in 1789, in conformity to recommendations of most of the State Conventions which adopted it, were also sanctioned by the State legislatures, and not by Conventions, specially called for the purpose. And this was agreeable to the fifth section of the third article of the Constitution^ which points out the mode of amendments : so that it appears Conventions of delegates of the people are not necessary in making additions to the original compact ; but it may be by the legislatures of the States. The amendment, respecting the election of President and Vice President, afterwards adopted, was made in this manner. But the difference is not material between these two modes of adopting amendments ; as in either case, it is the act of the people by their representatives.

Up to the year 1789, from the time of the declaration of Independence, in July, 1776, and indeed from the beginning of 1775, the several States had assumed and exercised sovereign authority within their respective territories, although a continental Congress had been held from September, 1774 : and united council and action had happily prevailed during the war of the Revolution. But that Congress, composed also of delegates from the several States, and appointed by the legislatures thereof, did not possess authority to carry into full effect the measures which they considered proper and important, without the consent of the State legislatures. It could only devise and recommend ; and the decision of the several States was essential to consummate the plans and requisitions of the grand council of the confederacy. The imbecility and defects of such a political body were often felt and acknowledged, during the war for Independence, from 1775 to 1783 ; and when the contest with England was over, the defect was in some respects even more apparent and more deplored. By foreign governments, the thirteen States were considered as one nation ; and the welfare and prosperity of the whole, in a domestic view, rendered it equally necesary — also, that there should be a supervising and general government, as to national objects and purposes. The debt incurred by the war was of great amount; and the credit and honor of the United States required its speedy payment. And, while the resources of the country were perceived to be fully adequate to its extinguishment, it was also evident, that so long as the States should act separately, there could be no just hope of accomplishing this most important object. Uniformity in measures through all the States, relating to foreign commerce and foreign intercourse, was found to be essential, as well for the reputation of the country with other nations, as for the present peace and future prosperity of the United States. Insurrection had already occurred in some of the States ; and it was believed that the laws and measures of a single State had less authority and respect than those which should be adopted by a general government. In a word, there appeared to be no foundation for internal peace, for national prosperity, or for political respectability in the estimation of the civilized world, but in union. The most intelligent citizens, of undoubted patriotism and political knowledge and experience, in all the States, declared their conviction of the necessity of vesting greater power in Congress, as the only effectual remedy for existing evils, and for the prevention of future extensive national calamities.

Governor Bowdoin, of Massachusetts, expressed this opinion in two public addresses to the legislature, in 1785 and 1786 ; and near the close of the year last named, the General Assembly of Virginia adopted a resolution in favor of a continental Convention, for such a purpose.*

The great object proposed to be attained, when the Convention was called, was uniform and united action of all the States, " for the general welfare, for common defence, and for the security of the blessings of liberty ; " and for delegating sufficient political authority to Congress, to direct, control and enforce all measures for the benefit of the States collectively. And this object was kept in view by the Convention which prepared the Constitution, and recommended it to the several States for adoption. It was provided, that the federal or general government, to be formed under it, should have authority to enact and execute all laws of a general nature, and affecting the whole

* The first step was a meeting at Annapolis, in Maryland, September, 1786 ; but only five States were represented in the Convention ; and nothing was then done, but to recommend a Convention of delegates from all the States to be held at Philadelphia in the Spring of 1787. — And the Virginia Assembly soon after proposed the same measure.

country ; but did not give it power to legislate for the States on common local subjects, relating to their internal police.

The Convention was called "for the purpose of revising the articles of the Confederation, and for reporting to the several legislatures, such alterations and provisions therein, as should, when agreed to in Congress and confirmed by the States, render the federal compact adequate to the exigences of government and the preservation of the union."

There were different plans proposed in the Convention, as a remedy for the evils which existed, or were then ap- ) prehended. One was to grant full power to Congress, to ^ regulate commerce, and to raise a revenue from imports to discharge the public debt ; and to have Congress one body as it had formerly been. But the majority of the members early discovered a preference for a complete general gov-^ ernment. And the great question was, whether it should be strictly national, or federal. The former system, it was supposed, would nearly annihilate the State governments/ while the latter would be adequate to the objects in view, would still reserve to the States a great portion of their separate authority, and would be most agreeable to a large majority of the people. And the frame of Government, finally prepared and adopted, was of a federal rather than of a national government : or, as Mr. Madison has said, " was partly national and partly federal."

The Constitution of the United States, from which the federal Government derives its powers, was framed by men deputed by the legislature or authority of the several States ; and, though it was submitted to the consideration of the people of the United States, and adopted by them through their delegates, its acceptance or ratification depended, not on the majority of the whole people in the aggregate, but on the majority of States. And it is evident there might have been a majority (or two-thirds) of the States in favor of the Constitution, without there being two-thirds of the whole people in all the States. The government, therefore, is a federal^ rather than a national government, strictly speaking. Still, it is a general government ; it is the government of the United States. Nine States constituted the requisite majority : but if Virginia, Massachusetts, Pennsylvania, and North Carolina had been opposed to it, by a large majority in each, there would not have been two-thirds of the people for it. It was not a majority of the people, but of the States, then, which ratified the Constitution ; and so the instrument itself provided and required. The apportionment of the Senate is proof also, that the general government is federal^ and not strictly national. Every State is equally represented in that body, without regard to its population. But this is utterly irreconcilable with the doctrine of those, who sa^' the general government is a national one, in which the whole people are equally represented. Neither numbers nor property are represented in the Senate ; but States. The provision or principle which operates in the choice of President, when there has been no choice by the Electors, shows also the federal character of the government. Each State has a vote — instead of taking all the votes of the representatives in the aggregate, as in all cases where the numerical majority govern. It may, however, be justly said with Mr. Madison, that the government of the United States is partly federal and partly national. And yet the federal features prevail, and give the true character of the compact.'*

The federal government was designed to be, and by a proper and nati^ral construction of the Constitution, is, one of limited powers. Its jurisdiction or authority relate to certain specific objects, which are expressly enumerated. They are high and extensive powers ; and with every intelligent man must be supposed to include the right to carry the specified powers into full eifect. Any other construction would involve an absurdity. And yet the exercise of powers not expressly given, or clearly implied, would evidently be an unwarranted usurpation. In the exercise of powers fully given, Congress, or the federal government, is sovereign and uncontrollable by the States ; much more so by a single State. But further and .beyond such delegated power,. it has not legitimate authority. All else remain with the States respectively, or with the people thereof. The man-

* The Convention consisted of fifty members. Fifteen more were chosen, but did not attend. And several who attended did not put their names to the Constitution, as they disapproved of some parts of it : but after it was adopted, they generally gave it their decided support. Some members, who attended the Convention a great part of its session, and who approved of the Constitution, were absent, when the vote passed for its adoption. The members of the Convention were not in proportionate numbers to the population of the respective States : Delaware had five, Pennsylvania eight. New Jersey five, Massachusetts only four, Virginia seven. New York three, Connecticut three, Maryland five, South Carolina four. North Carolina four, New Hampshire two, Georgia two. The difficulty was at once perceived of framing a general government, so as to avoid collision with State authority, and to be free from the charge of being imperium in imperio. And it was designed to guard against this difficulty and this imputation by stating to what subjects the powor of the federal government should extend. In these cases, its authority is exclusive and paramount ; and in all other cases, it is by implication, without just author*- ity or jurisdiction.

J 4 FEDERAL GOVERNMENT. [17S9

ner in which, and the State governments by which the federal Constitution was formed, clearly implies this : and in the first section of the first article, it declares, that the powers to be vested in and exercised by the general government were granted by the several States.

Such was the design and such the only reasonable construction of the federal compact. The powers of the general government were conferred on it by the States. It is the agent of the States for general purposes, and may justly act only on subjects on which its constituents have authorized it to act. For the original States were not creatures of the federal government ; but the federal government is the creature, the agent of the several sovereign States. In the convention for forming the Constitution, Mr. King, a delegate from Massachusetts, (afterwards of New York.) is reported to have said — " it was of the nature of a commission, given by the several States, for performing acts of a general nature, which no one State was, separately, competent to do."

No one State may justly oppose the authority of Congress, unless it should make a law for such a State only, and that manifestly an arbitrary, oppressive, and unjust law : nor may Congress justly interfere with the laws of a State, unless such laws are clearly repugnant to the authority of Congress, conferred on it by the Constitution ; or unless a State assumes to exercise authority prohibited to it by the federal compact.

To say, " that the federal government has as much right to control the acts and measures of a State, as a State has to control those of a town or county," is entirely incorrect and luisound. A State creates or forms a county or district within its territory : and such district or county is still a part of the State, and to be governed by the majority of the State in all cases whatever. But the federal government did not create or form the original States ; and has no just authority over them, only in so far as is expressly granted by the States. In forming new States, it may be somewhat difterent : as certain conditions may be justly required by Congress on their admission into the Union; yet not interfering with their powers, as independent governments after their admission, except in cases of a general nature, as specified in the federal Constitution.

Thus the federal compact was designed for the consolidation of the Union, though not strictly speaking for the consolidation of the States ; the federal government over the whole for general or national purposes being sovereign in its defined sphere ; and the several States sovereign in their internal concerns, where not expressly restrained hy the federal Constitution, which they have approved and adopted.

The former Congress, under the confederation, consisted of one body, or assembly, for devising and recommending measures of a general nature ; and the members were appointed by the general assemblies, or representatives in the several States, and not directly by the whole people. Under the new Constitution, Congress* is a separate and complete government, composed of a House of Representatives, a Senate, and an executive officer, with the title of "President of the United States."

It was not until the thirtieth of April, that the federal government was fully organized ; as on that day President Washington was inducted into office as the chief magistrate of the Union. On this very interesting occasion, he delivered an address to the Senate and House of Representatives of the United States, who had assembled some weeks previously, and had been occupied in forming their respective bodies, in the order, and with the rules necessary for the proper discharge of their legislative duties. It is difficult to do full justice to the merits of this speech, by any verbal representation of it ; and an extract is here given, as characteristic of the mind of this very distinguished personage.

" Among the vicissitudes incident to life, no event could have filled me with greater anxieties than that, of which the notification was transmitted by your order, and received on the fourteenth of the present month (April). On the one hand, I was summoned by my country, whose voice I never hear but with veneration and love, from a retreat .which 1 had chosen, with the fondest predilection, and, in my flattering hopes, with an immutable decision, as the asylum of my declining years — a retreat rendered every day more necessary, as well as more dear to me, by the addition of habit to inclination, and of frequent interruptions in my health, to the gradual waste committed on it by time. On the other hand, the magnitude and difficulty of the trust, to which the voice of my country has called me, being sufficient to awaken, in the wisest and most experienced of her citizens, a distrustful scrutiny into his qualifications, could not but overwhelm with despondence one, who, inheriting inferior endowments from nature,

* In the language of the Constitution, the term Congress is frequently used to signify the federal Government in all its branches united.

and unpractised in the duties of civil administration, ought to be peculiarly conscious of his own deficiences. In this conflict of emotions, all I dare aver is, that it has been my faithful study to collect my duty from a just appreciation of every circumstance by which it may be affected. All I dare hope is, that, if in accepting, I have been too much swayed by a grateful remembrance of former, or by an affectionate sensibility to this transcendant proof of the confidence of my fellow-citizens ; and have, thence, too little consulted my incapacity, as well as disinclination, for the weighty and untried cares before me, my error will be palliated by the motives which misled me ; and its consequences be judged by my country, with some share of the partiality in which they originated.

"Such being the impressions, under which I have, in obedience to the public summons, repaired to the present station, it would be peculiarly improper to omit, in this first official act, my fervent supplications to the Almighty Being, who rules over the universe, who presides in the councils of nations, and whose providential aid can supply every human defect, that his benediction may consecrate to the liberties and happiness of the people of the United States, a government instituted by themselves, for these essential purposes ; and may enable every instrument employed in its administration, to execute, with success, the functions alloted to his charge.

" In tendering this homage to the great Author of every public and private good, I assure myself that it expresses your sentiments not less than my own ; nor those of my fellow-citizens at large less than either. No people can be bound to acknowledge and adore the invisible hand which conducts the affairs of men, more than the people of the United States. Every step by which they have advanced to the character of an independent nation, seems to have been distinguished by some token of providential agency. And in the important revolution just accomplished in the system of their united government, the tranquil deliberation and voluntary consent of so many distinct communities, from which the event has resulted, cannot be compared with the means by which most governments have been established, without some return of pious gratitude, with an humble anticipation of the future blessings which the past seems to presage.

" These reflections, arising out of the present crisis, have been forced too strongly on my mind to be suppressed. You will join with me, I trust, in thinking there are none,

17S9] WASHINGTON. 17

under the influence of which the proceedings of a new government can more auspiciously commence.

" Having thus imparted to you my sentiments, as they have been awakened by the occasion whicli brings us together, I shall take my present leave, but not without reverting, once more, to the benign Parent of the human race, in humble supplication, that, since he has been pleased to favor the American people with opportunities for deliberating, in perfect tranquility, and dispositions for deciding, with unparalleled unanimity, on a form of government, for the security of their Union, and the advancement of their happiness ; so his divine blessing may be equally conspicuous in the enlarged views, the temperate consultations, and the wise measures, on which the success of this government must depend."

In public men of less sincerity and purity of mind than Washington, this repeated reference to an overruling Providence, and the need of Divine direction for the happy issue of human exertions, might appear ostentatious, or as intended to court the favor of the common people ; but in him there can be no doubt, that these sentiments were deeply impressed on his own heart. There are many instances recorded, illustrative of his deep and habitual sense of dependence on the Supreme Being, notwithstanding the absence of all parade and publicity in his religious character. And he seems to have been equally sincere in his belief, that Divine Providence extends to the afi'airs of nations and societies — views and sentiments not often found in military characters. But though a brave and accomplished soldier, it is most evident, from his general character, that he was averse to war, except in defence of justice and the rights of man.

Hon. John Adams was inducted into the office of Vice President of the United States, and e.r officio President of the Senate, on the twenty-fourth of April : when he addressed the Senate as follows :

^'■Gentlemen of the ^enate^ — Invited to this respectable situation by the suffrages of our fellow-citizens, according to the Constitution, I have thought it my duty cheerfully and readily to accept it. Unaccustomed to refuse any public service, however dangerous to my reputation, or disproportionate to my talents, it would have been inconsistent to have adopted another maxim of conduct, at this time, when the prosperity of the country and the liberties of the people require, perhaps, as much as ever, the atten- 3 tion of those who possess any share of the public confidence.

" I should be destitute of sensibility, if, upon my arrival in this city, and presentation to this legislature, and especially to the Senate, I could see, without emotion, so many of those characters, of whose virtuous exertions I have so often been a witness ; from whose countenance and example I have derived encouragement and animation ; whose disinterested friendship has supported me, in many intricate conjunctures of public affairs, at home and abroad — those celebrated defenders of the liberties of our country ; whom menaces could not intimidate, corruption seduce, nor flattery allure ; those intrepid asserters of the rights of mankind, whose philosophy and policy have enlightened the world, in twenty years, more than it was ever before enlightened in as many centuries, by ancient schools or modern universities.

"I must have been inattentive to the course of events, if I were either ignorant of the same, or insensible to the merits of those other characters in the Senate, to whom it has been my misfortune to have been hitherto personally unknown.

"It is with great satisfaction, that I congratulate the people of America on the formation of a national Constitution, and the fair prospect of a consistent administration of laws ; on the acquisition of a House of Representatives chosen by themselves ; of a Senate, also, composed by their own legislatures ; and on the prospect of an executive authority, in the hands of one, whose portrait I shall not attempt to draw. Were I blessed with powers to do justice to his character, it would be impossible to increase the confidence or afiection of his country, or make the smallest addition to his glory. This can only be effected, by a discharge of the present exalted trust, on the same principles, with the same abilities and virtues, which have uniformly appeared in all his former conduct, public or private. May I, nevertheless, be indulged to inquire, if we look over the catalogue of the first magistrates of nations ; whether they have been denominated presidents, or consuls, kings or princes ; where shall we find one, whose overruling good fortune has so completely united all hearts and all voices in his favor ; who enjoyed the esteem and admiration of foreign nations and his fellow citizens with equal unanimity? Qualities so uncommon, are no common blessing to the country that possesses them. By those great qualities, and their benign effects, lias Providence marked out the head of this nation, with a hand so distinctly visible, as to have been seen by all men, and mistaken by none.

" It is not for me to interrupt your deliberations by any general observations on the state of the nation, or by recommending or proposing any particular measures. It would be superfluous to gentlemen of your great experience, to urge the necessity of order. It is only necessary to make an apology for myself. Not wholly without experience in public assemblies, I have been more accustomed to take a share in their debates, than to preside in their dedeliberations. A trust of the greatest magnitude is committed to this legislature ; and the eyes of the world are upon you. Your country expects, from the results of your deliberations — in concurrence with the other branches of government, consideration abroad, and contentment at home — prosperity, order, justice, peace, and liberty. And may the providence of Almighty God assist you to answer their just expectations."

Mr. Adams was a member of the first Continental Congress, from Massachusetts, in 1774 ; and continued a member till the year 1778, when he was appointed to France. He afterwards went to Holland, to obtain a loan for the United States. And in 1783, when peace was made with England, he received thfe appointment of Envoy Extraordinary to the British court. His character for talents, learning, and patriotism, was as highly distinguished as that of any citizen in the United States. And under the auspices of Washington and Adams, the great majority of the people had full confidence that their rights and liberties were secure, and that the wisest measures would be adopted for the welfare and prosperity of the country. The members of the Senate and House of Representatives were also men of great political experience, and of tried patriotism ; and many of them had taken an active part in favor of freedom and independence, and in concerting measures for the safety of the country, in the war of the Revolution.

The first Congress, under the federal Constitution, was held in the city of New York, and continued in session six months. The House of Representatives consisted of fifty-nine members,* and the Senate of twenty-two. f The sub-

* Rhode Island and North Carolina had not then adopted the Constitution, and had no representatives in the first Congress. The members present were usually fifty-two or three.

t Eleven States were represented in the Senate at this time. From New jectof Commerce and of Finance received their early and prompt attention. To regulate these for the credit and benefit of the country, was indeed the great object of their meeting, and the leading design in the formation of the general government. The acts for these purposes, and some others, passed at the fi'rsf session of Congress, gave an entirely new aspect to the financial and commercial character of the United States. A system was adopted for raising a revenue from duties on imported articles, for the purpose of paying the public debt, gradually ; and the interest annually in future. The securities holden by the creditors of the United States, rapidly rose in value ; and confidence both in the ability and intention of Congress to do justice, was fully restored. The public debt was, indeed, very great ; but it was also perceived, that, with wisdom and decision in the grand council of the nation, its resources were amply sufficient for the payment in a few years, besides the necessary expenditures for the support of government.

All the members of Congress were in favor of this measure for raising a revenue ; but, as to the details of the bill and the difference in the duties on different articles, there were various opinions. The principles which governed in the final adjustment of the duties on imported goods, were to impose the highest per centum on articles not considered necessary, and which were deemed to be luxuries ; and to fix the amount less on goods and products of ordinary consumption among all classes of people :* a regard was also , had to such articles as were then or might be, manufactured in the Uinted States ; and thus a higher duty was ordered, with a view to encourage the enterprize and industry of American citizens. This principle was early recognized, and General Washington particularly recom-