To form a compact relative to the navigation of the rivers Potomac and Pocomoke, and of part of Chesapeake Bay, commissioners were appointed by the Legislatures of Virginia and Maryland, who a.s.sembled in Alexandria in March, 1785. While at Mount Vernon on a visit [4] they agreed to propose to their respective governments the appointment of other commissioners, with power to make conjoint arrangements, to which the a.s.sent of Congress was to be solicited, for maintaining a naval force in the Chesapeake, and to establish a tariff of duties on imports to which the laws of both States should conform. When these propositions received the a.s.sent of the Legislature of Virginia an additional resolution was pa.s.sed, directing that which respected the duties on imports to be communicated to all the States in the Union, who were invited to send deputies to the meeting.
On the 21st of January, 1786, a few days after the pa.s.sage of these resolutions, another was adopted appointing Edmund Randolph, James Madison, Walter Jones, St. George Tucker, and Meriwether Smith, commissioners, "who were to meet such as might be appointed by the other States in the Union, at a time and place to be agreed on, to take into consideration the trade of the United States; to examine the relative situation and trade of the said States; to consider how far a uniform system in their commercial relations may be necessary to their common interest and their permanent harmony, and to report to the several States such an act relative to this great object, as, when unanimously ratified by them, will enable the United States in Congress a.s.sembled effectually to provide for the same."
In the circular letter transmitting these resolutions to the respective States, Annapolis, in Maryland, was proposed as the place, and the ensuing September (1786) as the time of meeting.
Before the arrival of the period at which these commissioners were to a.s.semble the idea was carried by those who saw and deplored the complicated calamities which flowed from the inefficacy of the general government, much further than was avowed by the resolution of Virginia.
"Although," said Mr. Jay, one of the most conspicuous patriots of the Revolution, in a letter to Washington, dated the 16th of March, 1786, "you have wisely retired from public employments, and calmly view, from the temple of fame, the various exertions of that sovereignty and independence which Providence has enabled you to be so greatly and gloriously instrumental in securing to your country, yet I am persuaded you cannot view them with the eye of an unconcerned spectator.
"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 attained by it is only to be expected from calamity and commotion, is difficult to ascertain.
"I think we are in a delicate situation, and a variety of considerations and circ.u.mstances give me uneasiness. It is in contemplation to take measures for forming a general convention. The plan is not matured. If it should be well connected and take effect, I am fervent in my wishes that it may comport with the line of life you have marked out for yourself to favor your country with your counsels on such an important and single occasion. I suggest this merely as a hint for consideration."
To the patriots who accomplished the great revolution which gave to the American people a national government capable of maintaining the union of the States and of preserving republican liberty, we must ever feel grateful and admire and honor them for their services during that arduous and doubtful struggle which terminated in the triumph of human reason and the establishment of a free government. To us who were not actors in those busy scenes, but who enjoy the fruits of the labor without having partic.i.p.ated in the toils or the fears of the patriots who achieved such glorious results, the sentiments entertained by the most enlightened and virtuous of America at that eventful period cannot be uninteresting.
"Our affairs," said Mr. Jay, in a letter of the 27th of June (1786), "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 we should ultimately succeed, because 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.
"That we shall again recover and things again go well, I have no doubt.
Such a variety of circ.u.mstances would not, almost miraculously, have combined to liberate and make us a nation for transient and unimportant purposes. I therefore believe we are yet to become a great and respectable people, but when or how, only the spirit of prophecy can discern.
"There doubtless is much reason to think and to say that we are woefully, and, in many instances, wickedly misled. Private rage for property suppresses public considerations, and personal rather than national interests have become the great objects of attention. New governments have not the aid of habit and hereditary respect, and, being generally the result of preceding tumult and confusion, do not immediately acquire stability or strength. Besides, in times of commotion, some men will gain confidence and importance who merit neither, and who, like political mountebanks, are less solicitous about the health of the credulous crowd than about making the most of their nostrums and prescriptions.
"What I most fear is that the better kind of people (by which I mean the people who are orderly and industrious, who are content with their situations, and not uneasy in their circ.u.mstances) will be led by the insecurity of property, the loss of confidence in their rulers, and the want of public faith and rect.i.tude, to consider the charms of liberty as imaginary and delusive. A state of uncertainty and fluctuation must disgust and alarm such men and prepare their minds for almost any change that may promise them quiet and security."
To this interesting letter Washington made the following reply:
"Your sentiments, that our affairs are drawing rapidly to a crisis, accord with my own. What the event will be, is also beyond the reach of 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. To be fearful of investing Congress, const.i.tuted as that body is with ample authorities for national purposes, appears to me the very climax of popular absurdity and madness. Could Congress exert them for the detriment of the people, without injuring themselves in an equal or greater proportion? Are not their interests inseparably connected with those of their const.i.tuents? By the rotation of appointment, must they not mingle frequently with the ma.s.s of citizens? Is it not rather to be apprehended, if they were possessed of the powers before described, that the individual members would be induced to use them, on many occasions, very timidly and inefficaciously, for fear of losing their popularity and future election? We must take human nature as we find it; perfection falls not to the share of mortals. Many are of opinion that Congress have too frequently made use of the suppliant humble tone of requisition, in applications to the States, when they had a right to a.s.sert their imperial dignity, and command obedience. Be that as it may, requisitions are a perfect nullity, where thirteen sovereign, independent, disunited States are in the habit of discussing, and refusing or complying with them at their option. Requisitions are actually little better than a jest and a by-word throughout the land.
If you tell the Legislatures they have violated the treaty of peace, and invaded the prerogatives of the confederacy, they will laugh in your face. What then is to be done? Things cannot go on in the same train forever. It is much to be feared, as you observe, that the better kind of people, being disgusted with these circ.u.mstances, will have their minds prepared for any revolution whatever. We are apt to run from one extreme into another. To antic.i.p.ate and prevent disastrous contingencies would be the part of wisdom and patriotism.
"What astonishing changes a few years are capable of producing! I am told that even respectable characters speak of a monarchical form of government without horror. From thinking proceeds speaking; thence to acting is often but a single step. But how irrevocable and tremendous!
what a triumph for our enemies to verify their predictions! what a triumph for the advocates of despotism, to find that we are incapable of governing ourselves, and that systems founded on the basis of equal liberty are merely ideal and fallacious! Would to G.o.d that wise measures may be taken in time to avert the consequences we have but too much reason to apprehend.
"Retired as I am from the world, I frankly acknowledge I cannot feel myself an unconcerned spectator. Yet, having happily a.s.sisted in bringing the ship into port, and having been fairly discharged, it is not my business to embark again on a sea of troubles.
"Nor could it be expected that my sentiments and opinions would have much weight on the minds of my countrymen. They have been neglected, though given as a last legacy in the most solemn manner. I had then perhaps some claims to public attention. I consider myself as having none at present."
The convention at Annapolis was attended by commissioners from only six States--New York, New Jersey, Pennsylvania, Delaware, Maryland, and Virginia. These, after appointing Mr. d.i.c.kinson their chairman, proceeded to discuss the objects for which they had convened. Perceiving that more ample powers would be required to effect the beneficial purposes which they contemplated, and hoping to procure a representation from a greater number of States, the convention determined to rise without coming to any specific resolutions on the particular subject which had been referred to them.
Previous to their adjournment, however, they agreed on a report to be made to their respective States, in which they represented the necessity of extending the revision of the Federal system to all its defects, and recommended that deputies for that purpose be appointed by the several Legislatures, to meet in convention in the city of Philadelphia on the second day of the ensuing May (1787).
The reasons for preferring a convention to a discussion of this subject in Congress, were stated to be, "that in the latter body it might be too much interrupted by the ordinary business before them and would, besides, be deprived of the valuable counsels of sundry individuals who were disqualified by the const.i.tution or laws of particular States or by peculiar circ.u.mstances from a seat in that a.s.sembly."
A copy of this report was transmitted to Congress in a letter from the chairman, stating the inefficacy of the Federal government and the necessity of devising such further provisions as would render it adequate to the exigencies of the Union. On receiving this report, the Legislature of Virginia (1786) pa.s.sed an act for the appointment of deputies to meet such as might be appointed by other States, to a.s.semble in convention at Philadelphia at the time and for the purposes specified in the recommendation from the convention which had met at Annapolis.
When the plan of a convention was thus ripened and its meeting appointed to be at Philadelphia in May, 1787, Mr. Madison communicated to Washington the intention of that State to elect him one of her representatives on this important occasion. He explicitly declined being a candidate, yet the Legislature placed him at the head of her delegation, in the hope that mature reflection would induce him to attend upon the service. The governor of the State, Mr. Randolph, informed him of his appointment by the following letter:
"By the enclosed act you will readily discover that the a.s.sembly are alarmed at the storms which threaten the United States. What our enemies have foretold seems to be hastening to its accomplishment, and cannot be frustrated but by an instantaneous, zealous, and steady union among the friends of the Federal government. To you I need not press our present dangers. The inefficacy of Congress you have often felt in your official character, the increasing languor of our a.s.sociated republics you hourly see; and a dissolution would be, I know, to you a source of the deepest mortification. I freely then entreat you to accept the unanimous appointment of the General a.s.sembly to the convention at Philadelphia.
For the gloomy prospect still admits one ray of hope--that those who began, carried on, and consummated the Revolution, can yet restore America from the impending ruin."
"Sensible as I am," said Washington in his answer, "of the honor conferred on me by the General a.s.sembly of this commonwealth, in appointing me one of the deputies to a convention proposed to be held in the city of Philadelphia in May next, for the purpose of revising the Federal const.i.tution, and desirous as I am on all occasions of testifying a ready obedience to the calls of my country, yet, sir, there exist at this moment circ.u.mstances which I am persuaded will render this fresh instance of confidence incompatible with other measures which I had previously adopted and from which, seeing little prospect of disengaging myself, it would be disingenuous not to express a wish that some other character, on whom greater reliance can be had, may be subst.i.tuted in my place, the probability of my nonattendance being too great to continue my appointment.
"As no mind can be more deeply impressed than mine is with the critical situation of our affairs, resulting in a great measure from the want of efficient powers in the Federal head and due respect to its ordinances, so consequently those who do engage in the important business of removing these defects will carry with them every good wish of mine, which the best dispositions toward their obtainment can bestow."
The governor declined the acceptance of his resignation of the appointment and begged him to suspend his determination until the approach of the period of the meeting of the convention, that his final judgment might be the result of a full acquaintance with all circ.u.mstances.
Thus situated, Washington reviewed the subject that he might, upon thorough deliberation, make the decision which duty and patriotism enjoined. He had, by a circular letter to the State societies, declined being re-elected the president of the Cincinnati, and had announced that he should not attend their general meeting at Philadelphia in the next May, and he apprehended that if he attended the convention at the time and place of their meeting he should give offense to all the officers of the late army who composed this body. He was under apprehension that the States would not be generally represented on this occasion, and that a failure in the plan would diminish the personal influence of those who engaged in it. Some of his confidential friends were of opinion that the occasion did not require his interposition and that he ought to reserve himself for a state of things which would unequivocally demand his agency and influence. Even on the supposition that the plan should succeed they thought that he ought not to engage in it, because his having been in convention would oblige him to make exertions to carry the measures that body might recommend into effect, and would necessarily "sweep him into the tide of public affairs." His own experience since the close of the Revolutionary War created in his mind serious doubts whether the respective States would quietly adopt any system calculated to give stability and vigor to the national government. "As we could not," to use his own language, "remain quiet more than three or four years in times of peace under the const.i.tutions of our own choosing, which were believed in many States to have been formed with deliberation and wisdom, I see little prospect either of our agreeing on any other, or that we should remain long satisfied under it, if we could. Yet I would wish anything and everything essayed to prevent the effusion of blood and to divert the humiliating and contemptible figure we are about to make in the annals of mankind."
These considerations operated powerfully to confirm him in the determination first formed, not to attend the convention. On the other hand he realized the greatness of the emergency. The confederation was universally considered as a nullity. The advice of a convention, composed of respectable characters from every part of the Union, would probably have great influence with the community, whether it should be to amend the articles of the old government or to form a new const.i.tution.
Amidst the various sentiments which at this time prevailed respecting the state of public affairs, many entertained the supposition that the "times must be worse before they could be better," and that the American people could be induced to establish an efficient and liberal national government only by the scourge of anarchy. Some seemed to think that the experiment of a republican government in America had already failed and that one more energetic would soon by violence be introduced. Washington entertained some apprehension that his declining to attend the convention would be considered as a dereliction of republican principles.
While he was balancing these opposite circ.u.mstances in his mind the insurrection of Ma.s.sachusetts occurred, [5] which turned the scale of opinion in favor of his joining the convention. He viewed this event as awfully alarming. "For G.o.d"s sake, tell me," said he, in a letter to Colonel Humphreys, "what is the cause of all these commotions? Do they proceed from licentiousness, British influence disseminated by the Tories, or real grievances which admit of redress? If the latter, why was redress delayed until the public mind had become so much agitated?
If the former, why are not the powers of the government tried at once?
It is as well to be without as not to exercise them."
To General Knox and other friends similar apprehensions were expressed.
"I feel infinitely more than I can express to you for the disorders which have arisen in these States. Good G.o.d! who besides a Tory could have foreseen, or a Briton have predicted them? I do a.s.sure you that even at this moment, when I reflect upon the present aspect of our affairs, it seems to me like the visions of a dream. My mind can scarcely realize it as a thing in actual existence, so strange, so wonderful, does it appear to me. In this, as in most other matters, we are too slow. When this spirit first dawned it might probably have been easily checked, but it is scarcely within the reach of human ken, at this moment, to say when, where, or how it will terminate. There are combustibles in every State to which a spark might set fire. In bewailing, which I have often done with the keenest sorrow, the death of our much-lamented friend, General Greene, I have accompanied my regrets of late with a query, whether he would not have preferred such an exit to the scenes which it is more than probable many of his compatriots may live to bemoan.
"You talk, my good sir, of employing influence to appease the present tumults in Ma.s.sachusetts. I know not where that influence is to be found, nor if attainable, that it would be a proper remedy for these disorders. Influence is not government. Let us have a government by which our lives, liberties, and properties will be secured, or let us know the worst at once. Under these impressions my humble opinion is that there is a call for decision. Know then precisely what the insurgents aim at. If they have real grievances redress them if possible, or acknowledge the justice of them and your inability to do it in the present moment. If they have not, employ the force of the government against them at once. If this is inadequate all will be convinced that the superstructure is bad or wants support. To be more exposed in the eyes of the world, and more contemptible than we already are, is hardly possible. To delay one or the other of these expedients is to exasperate on the one hand or to give confidence on the other, and will add to their numbers, for, like s...o...b..a.l.l.s, such bodies increase by every movement, unless there is something in the way to obstruct and crumble them before their weight is too great and irresistible.
"These are my sentiments. Precedents are dangerous things. Let the reins of government then be braced and held with a steady hand, and every violation of the const.i.tution be reprehended. If defective, let it be amended, but not suffered to be trampled upon while it has an existence."
Colonel Humphreys having intimated by letter his apprehension that civil discord was near, in which event he would be obliged to act a public part, or to leave the continent--"It is," said Washington in reply, "with the deepest and most heartfelt concern I perceive, by some late paragraphs extracted from the Boston papers, that the insurgents of Ma.s.sachusetts, far from being satisfied with the redress offered by their General Court, are still acting in open violation of law and government, and have obliged the chief magistrate, in a decided tone, to call upon the militia of the State to support the const.i.tution.
"What, gracious G.o.d, is man, that there should be such inconsistency and perfidiousness in his conduct! It is but the other day that we were shedding our blood to obtain the const.i.tutions under which we live--const.i.tutions of our own choice and making--and now we are unsheathing the sword to overturn them. The thing is so unaccountable that I hardly know how to realize it, or to persuade myself that I am not under the illusion of a dream. My mind, previous to the receipt of your letter of the first ultimo, had often been agitated by a thought similar to the one you expressed respecting a friend of yours, but heaven forbid that a crisis should come when he shall be driven to the necessity of making a choice of either of the alternatives there mentioned."
Having learned that the States had generally elected their representatives to the convention, and Congress having given its sanction to it, he on the 28th of March communicated to the governor of Virginia his consent to act as one of the delegates of his State on this important occasion.
When this determination was formed Washington at once commenced his preparations to leave Mount Vernon at an early day, so that he might be able to be present at the meeting of the Cincinnati; but on the 26th of April (1787) he received intelligence by an express that his mother and sister were dangerously ill at Fredericksburg. He immediately set off for that place, and the detention thus occasioned prevented his meeting the Cincinnati. After remaining three days at Fredericksburg, his mother and sister being partially recovered, he returned to Mount Vernon, and was enabled to complete his preparations for leaving home in season to arrive in Philadelphia on the 13th of May, the day before the opening of the convention. [6]
Public honors had awaited him everywhere on his route. At Chester he was met by General Mifflin, then speaker of the a.s.sembly of Pennsylvania, and several officers of the army and other public characters who accompanied him to Gray"s Ferry, where his former escort, the "First Troop" of Philadelphia, were waiting to conduct him to the city. On his arrival he paid his first visit to Dr. Franklin, president of the State of Pennsylvania, who had also been elected a member of the convention.
On the next day (May 14, 1787), the convention a.s.sembled which was to accomplish one of the most splendid works that ever was achieved by human wisdom. Several days, however, elapsed before a quorum of members could be formed. When the moment for commencing the organization of the convention arrived, Robert Morris, on behalf of the Pennsylvania delegation, nominated Washington as its president. John Rutledge of South Carolina, future chief justice of the United States, seconded the nomination, remarking at the same time that the presence of General Washington forbade any observations on the occasion which might not be proper. He was elected by a unanimous vote. By this act the convention did but fulfill the wishes of the whole nation. A crisis had arrived in which all eyes were turned to the Great Founder for deliverance. To use his own language in a letter written to Mr. Jefferson a few days later (May 30, 1787), "That something is necessary none will deny, for the general government, if it can be called a government, is shaken to its foundation and liable to be overturned by every blast. In a word, it is at an end, and unless a remedy is soon applied anarchy and confusion will inevitably ensue."
Among the members of the convention were many men of exalted character and signal abilities. New York sent Alexander Hamilton, himself a host.
No member was better fitted for the work or exerted a more important influence in perfecting it. Madison was one of the delegates from Virginia, whose pen was subsequently exerted, in connection with those of Hamilton and Jay in defending and expounding the const.i.tution to the people in the memorable papers of the "Federalist." Ma.s.sachusetts sent Nathaniel Gorham and Rufus King; New Hampshire, John Langdon and Nicholas Gilman; Pennsylvania counted in her numerous delegates Franklin, Mifflin, James Wilson, Robert Morris, and Gouverneur Morris, with others whose historical names are less distinguished for ability and eloquence, though not less for integrity and patriotism. South Carolina sent John Rutledge, her former governor, one of the ablest and purest men then living, and destined to preside over the supreme judiciary of the Union. Charles Cotesworth Pinckney, one of the bravest of the revolutionary generals, and the future amba.s.sador to France, was also among the delegates of South Carolina. Among the other names on the roll of the convention, we recognize those of another Pinckney, famed for eloquence; Roger Sherman, a veteran statesman and signer of the Declaration of Independence; William Livingston, afterwards Governor of New Jersey, friend and correspondent of Washington, and Doctor Hugh Williamson of North Carolina, an early patriot, who had a.s.sisted Franklin in detecting the intrigues of Hutchinson and Oliver.
It would fill far too much s.p.a.ce to enumerate all the members of the convention, or even to glance at their respective t.i.tles, already earned by public service, to the confidence of their countrymen.
"It was a most fortunate thing for America," says a recent writer, [7]
"that the Revolutionary age, with its hardships, its trials, and its mistakes, had formed a body of Statesmen capable of framing for it a durable const.i.tution. The leading persons in the convention which formed the const.i.tution had been actors either in civil or military life in the scenes of the Revolution. In those scenes their characters as American statesmen had been formed. When the condition of the country had fully revealed the incapacity of the government to provide for its wants, these men were naturally looked to to construct a system which would save it from anarchy. And their great capacities, their high disinterested purposes, their freedom from all fanaticism and illiberality, and their earnest, unconquerable faith in the destiny of the country, enabled them to found that government which now upholds and protects the whole fabric of liberty in the States of this Union."
The convention remained in session four months, and their industry and devotion to their important work is amply testified by the fact that they sat from five to seven hours a day. It was a most imposing a.s.semblage. "The severe, unchanging presence of Washington," says the writer last quoted, "presided over all. The chivalrous sincerity and disinterestedness of Hamilton pervaded the a.s.sembly with all the power of his fascinating manners. The flashing eloquence of Gouverneur Morris recalled the dangers of anarchy, which must be accepted as the alternative of an abortive experiment. The calm, clear, statesmanlike views of Madison, the searching and profound expositions of King, the prudent influence of Franklin, at length ruled the hour."
On the 17th of September, 1787, the const.i.tution was signed by all the members present, except Edmund Randolph, the governor of Virginia; George Mason and Elbridge Gerry; and it was then forwarded with a letter to Congress. By that a.s.sembly it was sent to the State Legislatures to be submitted in each State to a convention of delegates, to be chosen by the people, for approval or rejection. As the State Legislatures a.s.sembled at different times, nearly a year would elapse before the result could be known.
Immediately after the convention had ended its labors, Washington returned to Mount Vernon to resume his agricultural pursuits and to watch with intense interest the slow process of ratifying the const.i.tution by the several States. His correspondence with Hamilton, Madison, Jay, Wilson, Governor Langdon of New Hampshire, Generals Knox and Lincoln, and Governor Randolph, at this time, shows that the subject occupied a great share of his attention, and that he was extremely anxious that the const.i.tution should be adopted by all the States.
In a letter to Lafayette (7th of February, 1788), he says: "As to my sentiments with respect to the merits of the new const.i.tution, I will disclose them without reserve, although, by pa.s.sing through the post-offices they should become known to all the world; for, in truth, I have nothing to conceal on that subject. It appears to me, then, little short of a miracle that the delegates from so many States, different from each other, as you know, in their manners, circ.u.mstances, and prejudices, should unite in forming a system of national government so little liable to well-founded objections. Nor am I yet such an enthusiastic, partial, or undiscriminating admirer of it as not to perceive it is tinctured with some real though not radical defects. The limits of a letter would not suffer me to go fully into an examination of them; nor would the discussion be entertaining or profitable. I therefore forbear to touch upon it. With regard to the two great points, the pivots upon which the whole machine must move, my creed is simply--