CHAPTER V.

THE CONFEDERATION (1781-1788).

48. References.

Bibliographies. Justin Winsor, Narrative and Critical History, VI. 745, VII. 199-236, 527-543, VIII. 491; notes to Curtis, Bancroft, McMaster, and Pitkin; W. E. Foster, References to the Constitution, 12-14; J. J. Lalor, Cyclopædia, I. 577; Channing and Hart Guide, §§ 142, 149-153.

Historical Maps. -Nos. 1, 3, this volume (Epoch Maps, Nos. 6, 7); Labberton, Atlas, lxvi.; Rhode, Atlas, No. xxviii.; Johnston, History of the United States for Schools, 133; Gordon, American Revolution, I. frontispiece; B. A. Hinsdale, Old Northwest, I. 188, 201 (reprinted from MacCoun's Historical Geography), also I. frontispiece, and II. 393; Justin Winsor, Narrative and Critical History, VII. 140; school histories of Channing, Johnston, Scudder, Thomas.

General Accounts.-Joseph Story, Commentaries, §§ 218-271; R. Hildreth, United States, III. 374-481; T. Pitkin, II. 9-36, 154– 218; H. Von Holst United States, I. 1-46; Geo. Tucker, United States, I. 291-347; Justin Winsor, Narrative and Critical History, VII. ch. iii.; J. T. Morse, Franklin, 216–420; Abiel Holmes, Annals of America, II. 353-371; J. Schouler, United States, I. 1-30; Bryant and Gay, Popular History, IV. 79-99; F. A. Walker, Making of a Nation, ch. i.; Edward Channing, United States, 1765–1865, ch. iv.

Special Histories. — G. T. Curtis, Constitutional History, chs. v.-xiv. (History of the Constitution, I. 214-347); George Bancroft, United States (last revision), VI. 5-194; History of the Constitution, I. 1-266; John Fiske, Critical Period, 1-186; J. B. McMaster, United States, I. 103-416; J. F. Jameson, Essays on the Constitution ; T. Pitkin, United States, I. 283-422; II. 223; William B. Weeden, New England, II. chs. xxii., xxiii.; W. G. Sumner, Financier and Finances, II. chs. xvi-xxvii.; B. A. Hinsdale, Old Northwest, chs. ix.-xvi.; H. B. Adams, Maryland's Influence; W. Hill, First Stages of the Tariff Policy; S. Sato, Public Land Question; Theodore Roosevelt, Winning of the West, III.

Contemporary Accounts. -Journals of Congress; Secret Journals; Madison's notes in H. D. Gilpin, Papers of James Mad

1

1781.]

United States in 1781.

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ison, and in Elliot's Debates, V.; letters of Washington, Madison, John Jay, Hamilton, and Franklin, in their works; Thomas Paine, Public Good; Noah Webster, Sketches of American Policy; Pelatiah Webster, Dissertation on the Political Union; Brissot de Warville's Examen Critique [1784], and Nouveau Voyage [1788], (also in translation); Thomas Jefferson, Notes on Virginia. — Reprints in American History told by Contemporaries, II.; American History Leaflets, Nos. 20, 22, 28.

49. The United States in 1781.

The task thrown upon Congress in 1781 would have tried the strongest government in existence. An army of more than ten thousand men was under arms, and Army. must be kept up until peace was formally declared, and then must be paid off. The territorial claims of the States and of the Union were still in confusion. Virginia roused the suspicion of the small States by mak ing the promised cession in terms which ConTerritory, gress could not accept, and the other States had made no motion towards yielding their claims. Relations with the Indians were still confused. Superintend ents of Indian affairs had been appointed, and in 1778 a treaty was negotiated with the Creeks; but the States, particularly Pennsylvania and Georgia, continued to make their own arrangements with Indian tribes.

Finances.

The finances of the country seemed to have reached their lowest ebb. An attempt was made to float a new issue of continental money at one dollar for forty of the old bills. The new obligations speedily sank to the level of the old, and the country was practically bankrupt. The aid of the French was all that kept the government afloat (§ 43). The return of peace was expected to restore American commerce to its old prosperity; but having gone to war principally because colonial commerce with other countries was restricted, the Americans found themselves

Commerce.

General weakness.

deprived of their old freedom of trade with England. They were subject to discriminating duties in English ports, and were excluded from the direct trade with the English West Indies, which had been the chief resource of the colonial ship-owners. The State governments were in debt, embarrassed, and beset with the social difficulties which come in the train of war. The disbanded troops were not accustomed to regular employment or to a quiet life; taxes were heavy and odious; the far Western settlements clamored to be set free from the States to which they belonged. Above all, the national government was weak, inefficient, and little respected by the army or the people at large.

50. Form of the Government (1781-1788.) The first and fundamental defect of the government was in the organization of Congress. The Continental Congress had been a head without a body; Congress. under the Articles of Confederation, Congress was a body without a head. A single assembly continued to be the source of all national legislative, executive, and judicial power (§ 37). As though to prevent the coun try from getting the benefit of experience, no man could remain a member of Congress for more than three years in succession. The delegates of each State continued to cast jointly one vote; if only one member were present, the vote of a State was not counted; if but two were present, they might produce a tie. On important questions the approval of nine States was necessary, and often less than that number had voting representatives on the floor. Amendment was impossible, except by consent of all the State legislatures. Although Congress had to deal with difficult questions of peace, its principal power was that of carrying on war. Congress might make

1781.]

Form of the Government.

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treaties, but it could pass no act in defence of American commerce.'

A great effort was made to improve the executive system. By resolutions passed early in 1781, secretaExecutive ries were appointed for the three departments departments. of Foreign Affairs, War, and Finance; the board system, championed by Samuel Adams and others, was to be abandoned. The importance of the War Department diminished after 1782. "The Secretary of the United States for the Department of Foreign Affairs" was quartered in two little rooms, and furnished with two clerks. The post was filled first by Robert R. Livingston, and from 1784 by John Jay. The office of Superintendent of Finance was bestowed upon Robert Morris of Pennsylvania.

The Articles of Confederation provided for a special tribunal to settle territorial disputes between the States. The system was invoked in 1782, and a verdict Courts. was rendered in favor of Pennsylvania and against Connecticut in their rival claims to the Wyoming region. A second set of federal courts was constituted by designating certain State courts to try piracies and felonies committed on the high seas. A third and the only impor tant federal tribunal was the Court of Appeals in prize cases, which began to sit in January, 1780, and before which were sued sixty-five cases. All the courts, like all the executive departments, were created by Congress, alterable by Congress, and subject to the control of Congress. In 1784 the Court of Appeals was allowed to lapse, by the refusal of Congress to pay the salaries of the judges.

51. Disbandment of the Army (1783.)

To follow the history of the Confederation from year to year would be unprofitable. It was a confused period, with no recognized national leaders, no parties, no great

crises. We shall therefore take up one after another the important questions which arose, and follow each to the end of the Confederation.

The first duty of Congress after peace was declared was to cut off the military expenditures (§ 42). The food, Half-pay clothing, and pay of the army amounted to question. about $400,000 a month. Provision had been made for bounty lands for the soldiers; the officers expected some more definite reward. On April 26, 1778, Congress, by a majority of one State, had voted half pay for life to the officers, as an essential measure for keeping the army together. In the four years following, five different votes had been passed, each annulling the previous one. Another proposition, in November, 1782, was to remit the whole matter to the States. On March 10, 1783, appeared the so-called "Newburgh addresses,” — an anonymous plea to the army, urging the officers not to separate until Congress had done justice in this respect. A crisis was threatened. Washington himself attended the meeting of the officers, and counselled moderation. He used his utmost influence with Congress, and on the 22d of March secured a vote of full pay for five years. As the treasury was empty, the only payment to the officers was in certificates of indebtedness, upon which interest accumulated during the next seven years. Massachusetts protested, declaring the grant to be "more than an adequate reward for their services, and inconsistent with that equality which ought to subsist among citizens of free and republican states.” In June, 1783, three hundred mutineers surrounded the place of meeting of Congress, and demanded a settlement. of their back pay; and the executive council of Pennsylvania declined to interfere. The result was that Congress changed its place of meeting, and ever after retained a lively resentment against the city of Philadelphia.

Protests.