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قراءة كتاب The Constitution of the United States A Brief Study of the Genesis, Formulation and Political Philosophy of the Constitution

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The Constitution of the United States
A Brief Study of the Genesis, Formulation and Political Philosophy of the Constitution

The Constitution of the United States A Brief Study of the Genesis, Formulation and Political Philosophy of the Constitution

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دار النشر: Project Gutenberg
الصفحة رقم: 7

so-called Articles of Confederation, which were then drafted in 1776, were never finally adopted by the requisite number of States until March, 1781, when the war was nearly over. As the result proved, they marked only a very small advance over the existing de facto government, for the constituent States were still too jealous of each other and too hostile to the creation of a central government to form a truly effective government. The founders of the Republic could only learn from their errors, but it is their great merit that they had the ability to profit in the stern school of experience, of which Franklin has said that it is a "dear school, but fools will learn in no other."

The founders of the Republic were not fools, and while they did not, as Gladstone seems to intimate, have the inspired wisdom to develop a wonderful Constitution by sheer intuition unaided by experience, they did have the ability to make of their very errors the stepping-stones to a higher destiny.

By the Articles of Confederation, which, as stated, became effective in 1781, the conduct of foreign affairs was vested in the new government, which was also given the power to create admiralty courts, regulate coinage, maintain an army and navy, borrow money, and emit bills of credit, but the great limitation was that in all other respects the constituent States retained absolute power, especially with reference to commerce and taxation. All that the central government could do was to requisition the States to furnish food supplies, and the States were then left to impose the taxes and, if necessary, to enforce their payment in their own way, with the inevitable result that they vied with each other in the struggle to evade them. The Confederation had no direct power over the citizens of the several States. Moreover, the Congress could not levy any taxes, or indeed pass any measure unless nine out of the thirteen States agreed, and the Constitution could not be amended except by unanimous vote. While the Congress could select a presiding officer to serve for one year, yet he had no real executive authority. During the recess of the Congress, a committee of thirteen, consisting of one delegate from each State, had ad interim powers, but not greater than the Congress, which they represented.

Such a government would have been fatal to any people, and so it nearly proved to be to the infant nation. Two circumstances saved them from the consequences of such incapacity: one was the invaluable aid of France, and the other the personality of George Washington. Of this great leader, one of the noblest that ever "lived in the tide of time," it is only necessary to quote the fine tribute paid to him by the greatest of the Victorian novelists in his Virginians:

"What a constancy, what a magnanimity, what a surprising persistence against fortune!… Washington, the chief of a nation in arms, doing battle with distracted parties; calm in the midst of conspiracy; serene against the open foe before him and the darker enemies at his back; Washington, inspiring order and spirit into troops hungry and in rags; stung by ingratitude, but betraying no anger, and every ready to forgive; in defeat invincible, magnanimous in conquest and never so sublime as on that day when he laid down his victorious sword and sought his noble retirement—here, indeed, is a character to admire and revere; a life without a stain, a fame without a flaw."

A year after the Articles of Confederation had been adopted, the war came to an end by a preliminary treaty on November 30, 1782.

Now follows the least known chapter in American history. It was a period of travail, of which the Constitution of the United States and the present American nation were born. The government slowly succumbed from its own weakness to its inevitable death. Only the shreds and patches of authority were left. Gradually the union fell apart. Of the Continental Congress only fifteen members, representing seven colonies, remained to transact the affairs of the new nation. The army, which previously to the termination of the war had dissolved by the hundreds, was now unpaid and in a stale of revolt. Measure after measure was proposed in Congress to raise money to pay the interest on the bonded indebtedness, which was in arrears, and to provide funds for the most necessary expenses, but these failed, in Congress for the want of the necessary nine votes or, if enacted, the States treated the requisitions with indifference. The currency of the United States had fallen almost as low as the Austrian kronen, and men derisively plastered the walls of their houses with the worthless paper of the Continental Congress. Adequate authority no longer remained to carry out the terms of the treaties with England and France, and they were nullified by the failure of the infant nation to comply with its own obligations and the consequent refusal of the other contracting parties to comply with theirs. The government made a call upon the States to raise $8,000,000 for the most vital needs, but only $400,000 was actually received. Then Congress asked the States to vest in it the power to levy a tax of five per cent, on imports for a limited period, but, after waiting two years for the action of the States, less than nine concurred. The States were then asked to pledge their own internal revenue for twenty-five years to meet the national indebtedness, but this could only be done by unanimous consent, and while twelve States concurred, Rhode Island refused and the measure was defeated. It was again the infinite folly of the liberum veto which, prior to the great partition, condemned Poland to chronic anarchy.

The impotence of the new government, which was still sitting in Philadelphia, can be measured by the fact that on June 9, 1783, word came that eighty soldiers were on their way to Philadelphia to demand relief. They stacked their arms in front of the State House, where the Congress was then sitting, and refused to disband, when requested by Col. Alexander Hamilton, as the representative of the Congress, to do so. When Congress appealed to the government of Pennsylvania for protection, it was advised that the Pennsylvania militia was likewise insubordinate. The Congress then hastily fled by night and became a fugitive.

The impotence of the Confederation can be measured by the fact that in the last fourteen months of its existence its receipts were less than $400,000, while the interest on the foreign debt alone was over $2,400,000, and the interest on the internal debt was five-fold greater.

In the absence of any government and in the period of general prostration it was not unnatural that the spirit of Bolshevism grew with alarming rapidity. It even permeated the officers of the Army. In March, 1783, an anonymous communication was sent to Washington's officers to meet in secret conference to take some action, possibly to overthrow the government. A copy fell into Washington's hands and, while he forbade the assemblage of the officers under the anonymous call, he himself directed the officers to assemble. He unexpectedly appeared at the meeting and, being no speaker, he had reduced his appeal to writing. As he adjusted his spectacles to read it, he pathetically said: "I have not only grown gray but blind in your service." He then made a touching appeal to them not to increase by example the spreading spirit of revolt. The very sight of their old commander turned the hearts of the revolting element and the officers remained loyal to their noble leader.

Where the spirit of disaffection was thus found in high places it naturally prevailed more widely among the masses who had been driven to frenzy by their sufferings. This culminated in a revolt in Massachusetts under the leadership of an old soldier named Shays, and it spread with such

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