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On October 19, 1781 George Washington sent a letter to the Continental Congress reporting the American victory over the British Army at Yorktown. Yet, seven months later in May of 1782 conditions in the army and the plight of the soldiers and their families were so bad, Col. Lewis Nicola, one of Washington's officers, wrote a seven page letter to his commander in chief urging him to march on congress and seize control of the American government.
"This war must have shown to all," he wrote, "but to military men in particular, the weakness of republics."
Washington declined.
The years following Cornwallis' defeat and the Constitutional Convention that met in 1787 were called the "critical period." Under the Articles of Confederation, there was no national executive or courts and congress had no authority to tax or force the state governments to actually do what they promised to do. Yet it did have war veterans that had not been paid and other war debts, including loans from France, Spain and Holland that needed to be paid; it had western territories to manage and it needed to trade with and send ambassadors to other nations.
Washington and his troops had often lacked the supplies, food, clothing and necessary weapons and ammunition they needed because there was no unified executive or power to tax. In 1783 he wrote a letter to each of the 13 governors in the states sharing both his vision for the new nation , his concerns for its survival and listed "four things which, I humbly conceive, are essential to the well-being, I may even venture to say, to the existence of the United States, as an independent power: [1]
"First. An indissoluble union of the States under one federal head.
"Second. A sacred regard to public justice.
"Third. The adoption of a proper peace establishment; and,
"Fourth. The prevalence of that pacific and friendly disposition among the people of the United States which will induce them to forget their local prejudices and policies; to make those mutual concessions, which are requisite to the general prosperity; and, in some instances, to sacrifice their individual advantages to the interest of the community.
"These are the pillars on which the glorious fabric of our independency and national character must be supported. Liberty is the basis; and whoever would dare to sap the foundation, or overturn the structure, under whatever specious pretext he may attempt it, will merit the bitterest execration and the severest punishment which can be inflicted by his injured country."
An economic depression in America followed the signing of the Paris Peace Treaty of 1793 and in 1785 debt-ridden farmers in Massachusetts had rebelled when the legislature adjourned without addressing their petitions to stop farm and home foreclosures. Daniel Shays[2] with some 500 men, mostly war veterans, marched on the Massachusetts Supreme court meeting in Springfield forcing it to adjourn prevent foreclosures.
On August 7, 1786 Charles Pinckney of South Carolina introduced a proposal in Congress to address the problems facing America by reorganizing the government. In September the Annapolis Convention "to address the weaknesses of the Articles of Confederation," was signed by James Madison, Alexander Hamilton, John Dickinson and Edmond Randolph. James Madison introduced a resolution at the Conference[3] that stated:
"Having witnessed, as a member of the Revolutionary Congress, the inadequacies of the power conferred by the Articles of Confederation, and having become, after the expiration of my term of service there, a member of the Legislature of Virginia, I felt it to be my duty to spare no effort to impress on that body the alarming condition of the United States proceeding from that cause, and the evils threatened by the delay, in applying a remedy."
Madison and others, including George Washington, felt a total reorganization of the central government was the only hope for the nation's survival. The Annapolis Conference unanimously passed Madison's resolution and the date was set for the Constitutional Convention on May 14, 1787. When the Convention convened, the delegates chose George Washington as its president and the Virginia Plan, written by James Madison but introduced by Edmund Randolph opened the discussion by identifying defects in the Confederation which they identified, as:Congress commanded little respect and no support from state governments anxious to maintain their power. Congress could not raise funds, regulate trade, or conduct foreign policy without the voluntary agreement of the states.
Frequent failure of the Congress to improve the poor attendance by the state delegates even prevented the ratification of the Paris Peace Treaty to end the Revolution. The states were under no obligation to Congress to pay the nation's bills because Congress could not raise funds, regulate trade, or conduct foreign policy without the voluntary agreement of the states. States were under no obligation to pay their fair share of the national budget; they violated international treaties with abandon.
By June of 1786, the financial condition of the new United States was so desperate the Treasury Board[4] warned that disaster loomed. Congress had requested $3 million from the states, but only about $100,000 had been paid to the national government.
Under the Articles of Confederation, Congress had no authority to control commerce between America and Foreign nations or to collect taxes. James Madison's plan, which was called the Virginia Plan[5] and introduced by fellow Virginian Edmund Randolph, was to recreate the United States under an entirely different form of government - a republican model. In a republic, the people are the ultimate power, but the people transfer that power to representatives. This was in contrast to the Confederation model of the time, when the state assemblies appointed members of Congress. His vision included separate authorities with separate responsibilities, allowing no one to control too much of the government; and a dominant national government, curbing the power of the states.
This began a national debate that continues to today - states rights versus the national government's rights under the U.S. Constitution.
When the Constitution was adopted, the final style and the Preamble[6] were written by delegate Governeur Morris[7] from Pennsylvania who was well known for his writing ability. The preamble states:
"We the People of the United States, in Order to form a more perfect Union, Establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution of the United States of America."
In fifty words the preamble captures both the history and reason for adopting the Constitution and the most controversial issues that led to the change of government from a mostly democratic government at the federal level to a republican government and its authors hope for the future of the Nation. The experience of the delegates to the Constitutional Convention, especially those who had been soldiers, convinced them that domestic tranquility depended on the nation being able to defend itself.
The delegates to the 1787 Constitutional Convention were among the best and brightest America had at the time, but they had created a form of government that was for everyone - not just an elite, such in a monarchy. So, it was not, "We the nobles" or "We the politicians" but for "We the People." They created a government that was not handed down by God or a king but what was created by the people.
The goal of the founders was to correct the problems that they were experiencing under the Articles of Confederation. The past 213 years has proved that, while it has been amended a number of and still may not be perfect, but it has worked well when the people chose representatives and presidents who followed the Constitution.
The Preamble also states that the Constitution would establish Justice. Injustice, unfairness of laws and in trade was of great concern to the people of 1787. To correct that injustice the Constitution establish a court system with national uniformity and fair trade, rather than monopolies controlled by the king or favored aristocrats, became law. Today, Americans enjoy a system of justice that is the fairest in the world.
"Domestic tranquility" was addressed by George Washington's recommendation that the veterans of the Revolution be paid by the new federal government giving the veterans western lands that enabled them to support their families during the depression that followed the war. "Domestic tranquility"was restored by addressing the problem that caused some of those veterans to close down the courts in Massachusetts. Peace among the citizens and tranquillity at home was a prime concern.
Since there still was fear that the new United States might be attacked by other nations - France, Spain and perhaps again England, and various Indian nations, the preamble states that the Constitution would "provide for the common defense." The States needed to have the support of each other to survive.
The new Constitution, the preamble states, also would promote the general Welfare. It was designed for a nation built on free enterprise and the development of undeveloped western land.
And, finally, the Constitution would secure the Blessings of Liberty to ourselves and our Posterity. The blessings of liberty and the protection of that liberty was something they had all fought hard for just a decade before.
The final words proclaim that "we the people" do ordain and establish this Constitution for the United States of America. The US Constitution created the rule of law and was adopted by voters in all the states, not just by a small group of self-appointed politicians. It is not attributed to man but to a Higher Power that "ordained" it.
In 1788, after being ratified by eleven states, Congress passed an act setting the first nationwide election to choose electors. The electors chose George Washington, and in Paris, on April 29, 1789, the day before Washington was inaugurated, Gouverneur Morris, wrote a letter to Washington[8] while in France on business stating:
"The materials for a revolution in this country are very indifferent. Everybody agrees that there is an utter prostration of morals; but this general position can never convey to an American mind the degree of depravity. ... I own to you that I am not without such apprehensions, for there is one fatal principle which pervades all ranks.
"... The great mass of the common people have no religion but their priests, no law but their superiors, no morals but their interest."
Morris was right. The depravity and "lack of morals" in the French revolution combined with Jean Jacque Rousseau's Social Contract[9] that declared the State was "master of all" the goods of its citizens, led to confiscation of property during the Reign of terror, as well as the slaughter of hundreds of thousands of French men, women and children, especially Vendee.[10] The French Declaration of the Rights of Man declared: "Rights to liberty, property, security and resistance of oppression" were "imprescriptible", i.e. legal rights created by government, later the founding principles of socialism and communism.
The American Declaration credits "our Creator" for our rights to life liberty and the pursuit of happiness.
By 1792, the American Minister to France tried, unsuccessfully, to help save the life of King Louis XVI, who had given or lent America the military aid, military officers, its first warship, ammunition and the help of the French Navy to defeat England.
While the American Declaration and government GAVE property to citizens, France's Declaration TOOK property from citizens and the Church and gave it to the government.
[1] http://www.sonofthesouth.net/revolutionary-war/general/george-washington-legacy.htm- George Washington's Circular Letter to governors June 8, 1783
[2] http://en.wikipedia.org/wiki/Shays'_Rebellion - Daniel Shay
[3] http://avalon.law.yale.edu/18th_century/annapoli.asp - Annapolis Convention resolution
[4] http://memory.loc.gov/cgi-bin/query/r?ammem/bdsdcc:@field(DOCID+@lit(bdsdcc20201)) - Treasury report - 1786 in Congress
[5] http://www.usconstitution.net/plan_va.html - James Madison's Virginia Plan
[6] http://www.usconstitution.net/consttop_pre.html - Preamble to Constitution
[7] http://www.america.gov/st/pubs-english/2006/April/20060403182030pssnikwad0.6276056.html -Governeur Morris
[8] http://www.familytales.org/dbDisplay.php?id=ltr_gom4300&person=gom -Gouverneur Morris letter to Washington- Apr. 29, 1792
[9] http://www.constitution.org/jjr/socon.htm - Jean Jacques Rousseau's Social Contract
[10] http://en.wikipedia.org/wiki/War_in_the_Vend%C3%A9e#Defeat - Defeat and Slaughter of the Vendee
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Mary Mostert has written articles on political and social issues for more than 60 years, including a weekly newspaper column for Gannett Newspapers. She has written four books, including books on the Declaration of Independence and US Constitution. Her e-mail is mary@bannerofliberty.com and website is http://www.bannerofliberty.com
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