70. GEOGRAPHY OF THE UNITED STATES IN 1789.
[Sidenote: Boundary questions.]
What were the physical, social, and political conditions under which the new government was to be established? In 1789 the exterior boundaries of the country were loosely defined by treaty (-- 46), but were not yet marked out, and there were several serious controversies. From the mouth of the St, Croix River to the head of the Connecticut the boundary was in confusion, and no progress had been made towards settling it. The water- line through the St. Lawrence and the Lakes was still unadjusted. It was found that the headwaters of the Mississippi lay to the south of the Lake of the Woods, so that there was a gap on the northwest. On the south Spain disputed the right of Great Britain to establish the boundary, insisted that her own undoubted settlements lay within the territory claimed by the United States, and declined to grant the free navigation of the lower Mississippi to the sea. Still more humiliating was the presence of British garrisons at Fort Niagara, Detroit, and other points within the undisputed boundaries of the United States.
[Sidenote: Interior boundaries.]
The interior boundaries of the country were in a like unsettled condition.
Neither North Carolina nor Georgia had yielded up their western claims (-- 52). Vermont had not yet been recognized by New York as outside of her jurisdiction, and the Western Reserve lay along the southern sh.o.r.e of Lake Erie as an outlying part of Connecticut. No territorial government had been established for the Northwest territory, although settlement had begun to pour in. The southern territory was in complete confusion: Kentucky and the Tennessee valley were practically independent communities; and Georgia claimed the whole region south of them.
71. THE PEOPLE OF THE UNITED STATES IN 1789.
[Sidenote: Population.]
A census taken in 1790 gives us the number of inhabitants as a little under 4,000,000. Of these, 750,000--nearly one-fifth of the whole population--were negroes. Of the 3,170,000 whites, the ancestors of eight- tenths were probably English, and most of the others spoke English and were a h.o.m.ogeneous part of the community. Counting by sections, the States north of Maryland had a population of 1,968,000, and those south of Pennsylvania had 1,925,000; the States which were to be permanently slave- holding contained, therefore, a population about equal to that of New England and the Middle States. Only a small part of this population was to be found west of the mountains. Settlement was working into central New York, southwest Pennsylvania, the neighboring parts of Virginia, and the upper waters of the Tennessee; but the only considerable western community was in Kentucky. These distant settlers had an important influence on the Union, since they lay within easy reach of the Spanish settlements, and occasionally threatened to withdraw.
[Sidenote: Intellectual life.]
The intellectual life of the people was little developed. Schools had not sensibly improved since colonial times. The graduating cla.s.ses of all the colleges in 1789 count up to about 170. There were but two schools of medicine in the country, and no regular school of law. In one department of literature alone were the Americans eminent: the state papers of public men such as Washington, Hamilton, and Jefferson are written with the force and directness of the best school of English. Poetry there was; its character may be judged by a single quotation from Barlow"s "Vision of Columbus," a favorite epic, published in 1787:--
"There stood stern Putnam, seamed with many a scar, The veteran honours of an earlier war; Undaunted Stirling, dreadful to his foes, And Gates and Sullivan to vengeance rose; While brave McDougall, steady and sedate, Stretched the nerved arm to ope the scene of fate."
[Sidenote: Economic conditions.]
In economic conditions the United States were little more advanced than had been the colonies. The country abounded in natural resources: timber clad the whole Appalachian range, and spread far into the Mississippi valley; the virgin soil, and particularly the rich and untouched prairies of the West, were an acc.u.mulation of unmeasured wealth. Yet it was little easier to get from the sea to Lake Erie or to the Ohio than it had been forty years before. It seemed impossible that a country could be held together when it was so large that a courier might be two months on his way from the seat of government to the most distant frontier; and Jefferson predicted that it would be a thousand years before the country would be thickly settled as far west as the Mississippi. The chief resource of the country was agriculture; almost every State raised its own food, and there were considerable exports, particularly of wheat and flour. Manufactures were chiefly imported from England, the only widely known American industry being the distilling of New England rum. The chief source of wealth was still commerce; in 1790 the exports and imports were about twenty million dollars each, or five dollars per head of the population. The movement of vessels to foreign ports was tolerably free, but the vexatious restrictions and taxes imposed by England tended to throw an undue part of the profit into the hands of the English merchants.
Business of every kind was much hampered by the want of bank capital and by the state of the currency.
72. POLITICAL METHODS IN 1789.
[Sidenote: Current political theories.]
The chief intellectual interest of the people was in politics. The State and the national const.i.tutions both protected freedom of speech, and Americans were accustomed freely to discuss public men and public measures. Public opinion was, however, created by a comparatively small number of persons,--the leading planters of the South, merchants and great families in the Middle States, the gentlemen and clergy in New England.
Already two different schools of political thought had appeared. The one is typified by John Adams"s elaborate work, "The Defence of the American Const.i.tutions," published in 1787. "The rich, the well-born, and the able," he says, "... must be separated from the ma.s.s and placed by themselves in a senate." The leading spirit in the other school was Thomas Jefferson. He wrote in 1787: "I am persuaded that the good sense of the people will always be found the best army. They may be led astray for a moment, but will soon correct themselves." The accepted principle of republican government was nevertheless that there should be a limited number of voters, following the lead of experienced statesmen of a higher social cla.s.s.
[Sidenote: Political methods.]
A few symptoms of a change in political methods were visible. In 1788 a nominating convention was held in Harrisburg; this method of selecting candidates by representatives of the voters of their party was rapidly extended. In 1789 the secret Columbian Order, or Tammany Society, was formed in New York. At first benevolent and literary, the correspondent of the Ma.s.sachusetts Historical Society, by 1800 it had become a political organization and was controlling local elections. In several States, and particularly in New York, factions had grown up about leading families of public men; in a few years they became political machines subject to the direction of a few leaders. Buying of votes was almost unknown, but there was much disorder at elections.
[Sidenote: Respect for authority.]
In many respects both the State and national governments were weak. The legislatures had, during the Revolution, been accustomed to ride roughshod over the minority, and they were still inclined to grant charters and privileges only to party friends; Federalist legislatures would charter only Federalist banks. Americans enjoyed their individual liberty, but resented the use of force either for collecting taxes or for upholding the authority of government; and the States were not accustomed unhesitatingly to accept the action of Congress. On the other hand, the Anglo-Saxon respect for law was recovering from the shock of the Revolution. There was a strong feeling of loyalty to the State governments, and the beginning of national interest and patriotism. By common consent the new Const.i.tution was put quietly into effect by those who expected its success.
73. ORGANIZATION OF CONGRESS (1789).
[Sidenote: First congressional election.]
The first step in the organization of the government was to elect senators and representatives. The Senate was small, and was expected to be a kind of executive council. In due time John Adams was chosen vice-president, and became chairman. The Senate sat for several years in secret session; but from the journal of William Maclay, senator from Pennsylvania, we learn many interesting details, and know that the casting vote of the chairman was often necessary to settle important questions. The time and manner of electing members of the House was left to the States. In some cases all the members from a State were elected on one general ticket; in others the State was divided into districts. Among the distinguished members were Theodore Sedgwick and Elbridge Gerry of Ma.s.sachusetts, Jonathan Trumbull of Connecticut, and James Madison of Virginia. From the first, the custom obtained that a member of the House should be a resident of the district from which he was chosen.
[Sidenote: Organization of Congress.]
The House organized April 6. In the Speaker appeared an officer until now unknown in the Federal system. At first he was only a moderator; after about a year he was given the power to appoint committees; and from that time dates the growth of those powers which have made him second in influence only to the President of the United States. The procedure was modelled partly on that of the old Congress, and partly upon that of the State legislatures: it is noticeable, however, that the system of permanent committees so familiar during the previous twelve years was not immediately readopted; It began to come in about 1794. The first act on the statute book was pa.s.sed June 1, 1789, and prescribed a form of oath.
Congress voted itself a moderate per diem of six dollars. The only other important question relative to the form of Congress was that of apportionment. On April 5, 1792, a bill allotting the members of the House to the States was the subject of the first executive veto.
[Sidenote: Amendments.]
One important function was performed before Congress adjourned, by submitting to the States twelve amendments to the Const.i.tution. These were made up by comparison of the propositions submitted by the States at the time of ratification, and practically const.i.tuted a brief bill of rights.
In due time all but two unimportant clauses were ratified by the States, and the great objection to the Const.i.tution was thus removed.
The importance of the First Congress was that the general forms adopted for the transaction of its business have continued without serious change to the present day. Its officers have increased, its powers have developed, its political importance has expanded; but its parliamentary procedure is still much the same as in 1789.
74. ORGANIZATION OF THE EXECUTIVE (1789, 1790).
[Sidenote: The first President.]
While the senators and representatives were being selected, Presidential electors were also chosen in all the eleven States except New York. The States exercised their const.i.tutional discretion: in some the electors were chosen by the legislatures, in others by general ticket, and in others by districts. In one thing they agreed: when quorums of both houses were obtained, so that the votes could be counted, April 6, 1789, it was found that every elector had cast a ballot for George Washington. On April 30 he took the oath of office in Federal Hall on Wall Street, New York, and Maclay records for the benefit of posterity that "he was dressed in deep brown, with metal b.u.t.tons with an eagle on them, white stockings, a bag, and sword." As the presidency was an entirely new office, there was much difficulty and some squabbling over the details of his place. The question of t.i.tle was raised; and it was understood that Washington would have liked to be called "His High Mightiness, the President of the United States and Protector of their Liberties." No action was taken, and the simple t.i.tle of "Mr. President" was by common consent adopted.
[Sidenote: Executive departments.]
[Sidenote: Treasury Department.]
The duties of the President were clearly defined by the Const.i.tution. It now became necessary to make some provision for subordinate executive officers. Here for the first time the importance of the legislation of the First Congress is visible. They had it in their power to put flesh and blood upon the dry bones of the Const.i.tution: they might surround the President with a vigorous, active, and well-centred body of subordinates; or they might go back to the practice of the old Congress, and create executive officers who should be practically the servants of Congress.
They resolved to trust the President. The first executive department to be established was the Department of Foreign Affairs, of which the name was a little latter changed to the Department of State. In due time Thomas Jefferson was appointed Secretary of State; among his successors have been John Marshall, James Madison, James Monroe, John Quincy Adams, Henry Clay, Martin Van Buren, Daniel Webster, John C. Calhoun, James Buchanan, and William H, Seward. The War Department bill pa.s.sed August 7, and Henry Knox, who had been the head of the army under the old system, was reappointed. In establishing the Treasury Department a strong effort was made to create a Secretary of the Treasury as an agent of Congress rather than as the officer of the President. The details of the office were therefore carefully regulated by the statute, and specific duties were a.s.signed to the Secretary. He was, however, appointed by the President, and the question was raised whether he was also removable by the President. The Senate insisted that the removal should not be valid without its approval; the House insisted that the President should be unrestrained by the casting vote of the Vice-President the latter system was adopted. The first Secretary of the Treasury was Alexander Hamilton.
[Sidenote: Relations with Congress.]
Then came the question of the relations of cabinet officers to Congress.
Maclay records that on August 22, 1790, the President appeared in the Senate with Knox, and intimated that the Secretary of War would explain a proposed Indian treaty. The only remark that Knox seems to have made was: "Not till Sat.u.r.day next;" but Maclay was convinced that he was there "to overawe the timid and neutral part of the Senate." With some displeasure, the Senate referred the matter to a committee. Hamilton desired an opportunity to address the House; but it was not accorded, nor does it appear that the privilege has ever been granted to any cabinet officer.
Knox"s speech is the nearest approach to the Parliamentary system which has been known in Congress.
75. ORGANIZATION OF THE COURTS (1789-1793).
[Sidenote: The Judiciary Act.]
By the Const.i.tution there was to be a supreme court and such inferior courts as Congress should create. By the Act of Sept. 24, 1789 the federal judicial system was organized substantially as it now stands. Following the precedent of some of the States, two grades of inferior courts were created,--the district and the circuit. The judicial business of the country was small, and for the time being the supreme justices were to hold the circuit courts. Prosecuting officers and marshals were appointed, and here is to be found the germ of the present system of limited terms for public officials: they were to have commissions which should run four years; it seems to have been tacitly understood that they would be reappointed. A few brief clauses defined the manner in which suits could be appealed from the State courts to the national. This statute has made it possible to apply federal law in the same way throughout the Union: errors of construction, and divergencies of judgment involving the national Const.i.tution, laws, and treaties, are corrected through this power of appeal to one central supreme tribunal. A little later an Act was pa.s.sed defining crimes against the United States. The courts were speedily organized, and John Jay of New York was made the first chief justice.
[Sidenote: Important decisions.]
For a few years no important decisions were made by the court; but in February, 1793, a suit was entertained against the State of Georgia; soon after, one was entered against the State of Ma.s.sachusetts. Georgia replied by pa.s.sing a statute punishing with death any United States marshal who might attempt to serve a process upon her. Ma.s.sachusetts urged the pa.s.sing of an eleventh const.i.tutional amendment; it was duly adopted in 1798, and prohibited suits before a federal court against a State, by a citizen of another State or of a foreign country.