The summer of 1775 saw the first engagement which could well be dignified with the name of a battle. A small English force had been sent to Boston with the object of coercing the recalcitrant colony of Ma.s.sachusetts. It was absolutely insufficient, as the event showed, even for that purpose, and before it had landed it was apparent that its real task would be nothing less than the conquest of America. The Ma.s.sachusetts rebels wisely determined to avoid a combat with the guns of the British fleet; they abandoned the city and entrenched themselves in a strong position in the neighbourhood known as Bunker's Hill. The British troops marched out of Boston to dislodge them. This they eventually succeeded in doing; and those who regard war as a game like billiards to be settled by scoring points may claim Bunker's Hill as a British victory. But it produced all the consequences of a defeat. The rebel army was not destroyed; it was even less weakened than the force opposed to it. It retired in good order to a position somewhat further back, and the British force had no option but to return to Boston with its essential work undone. For some time England continued to hold Boston, but the State of Ma.s.sachusetts remained in American hands. At last, in the absence of any hope of any effective action, the small English garrison withdrew, leaving the original prize of war to the rebels.

On the eve of this indecisive contest the American Congress met to consider the selection of a commander-in-chief for the revolutionary armies. Their choice fell on General George Washington, a Virginian soldier who, as has been remarked, had served with some distinction in the French wars.

The choice was a most fortunate one. America and England have agreed to praise Washington's character so highly that at the hands of the young and irreverent he is in some danger of the fate of Aristides. For the benefit of those who tend to weary of the Cherry Tree and the Little Hatchet, it may be well to say that Washington was a very typical Southern gentleman in his foibles as well as in his virtues. Though his temper was in large matters under strict control, it was occasionally formidable and vented itself in a free and cheerful profanity. He loved good wine, and like most eighteenth-century gentlemen, was not sparing in its use. He had a Southerner's admiration for the other s.e.x--an admiration which, if gossip may be credited, was not always strictly confined within monogamic limits. He had also, in large measure, the high dignity and courtesy of his cla.s.s, and an enlarged liberality of temper which usually goes with such good breeding. There is no story of him more really characteristic than that of his ceremoniously returning the salute of an aged Negro and saying to a friend who was disposed to deride his actions: "Would you have me let a poor ignorant coloured man say that he had better manners than I?" For the rest the traditional eulogy of his public character is not undeserved. It may justly be said of him, as it can be said of few of the great men who have moulded the destinies of nations, that history can put its fingers on no act of his and say: "Here this man was preferring his own interest to his country's."

As a military commander Washington ranks high. He had not, indeed, the genius of a Marlborough or a Napoleon. Rather he owed his success to a thorough grasp of his profession combined with just that remarkably level and unbia.s.sed judgment which distinguished his conduct of civil affairs. He understood very clearly the conditions of the war in which he was to engage. He knew that Great Britain, as soon as she really woke up to the seriousness of her peril, would send out a formidable force of well-disciplined professional soldiers, and that at the hands of such a force no mere levy of enthusiastic volunteers could expect anything but defeat. The breathing s.p.a.ce which the incredible supineness of the British Government allowed him enabled him to form something like a real army. Throughout the campaigns that followed his primary object was not to win victories, but to keep that army in being. So long as it existed, he knew that it could be continually reinforced by the enthusiasm of the colonials, and that the recruits so obtained could be consolidated into and imbued with the spirit of a disciplined body. The moment it ceased to exist Great Britain would have to deal simply with rebellious populations, and Washington was soldier enough to know that an army can always in time break up and keep down a mere population, however eager and courageous.

And now England at last did what, if she were determined to enforce her will upon the colonists, she ought to have done at least five years before. She sent out an army on a scale at least reasonably adequate to the business for which it was designed. It consisted partly of excellent British troops and partly of those mercenaries whom the smaller German princes let out for hire to those who chose to employ them. It was commanded by Lord Howe. The objective of the new invasion--for the procrastination of the British Government had allowed the war to a.s.sume that character--was the city of New York.

New York harbour possesses, as anyone who enters it can see, excellent natural defences. Manhattan Island, upon which the city is built, lies at the mouth of the Hudson between two arms of that river. At the estuary are a number of small islets well suited for the emplacement of powerful guns. The southern bank runs northward into a sharp promontory, at the end of which now stands the most formidable of American fortresses. The northern approach is covered by Long Island. The British command decided on the reduction of Long Island as a preliminary to an a.s.sault upon the city. The island is long and narrow, and a ridge of high ground runs down it like a backbone. This ridge Washington's army sought to hold against the attack of the British forces. It was the first real battle of the war, and it resulted in a defeat so overwhelming that it might well have decided the fate of America had not Washington, as soon as he saw how the day was going, bent all his energies to the tough task of saving his army. It narrowly escaped complete destruction, but ultimately a great part succeeded, though with great loss and not a little demoralization, in reaching Brooklyn in safety.

The Americans still held New York, the right bank of the Hudson; but their flank was dangerously threatened, and Washington, true to his policy, preferred the damaging loss of New York to the risk of his army.

He retired inland, again offered battle, was again defeated and forced back into Pennsylvania. So decided did the superiority of the British army prove to be that eventually Philadelphia itself, then the capital of the Confederacy, had to be abandoned.

Meanwhile another British army under the command of General Burgoyne held Canada. That province had shown no disposition to join in the revolt; an early attempt on the part of the rebels to invade it had been successfully repelled. Besides English and German troops, Burgoyne had the aid of several tribes of Indian auxiliaries, whose aid the British Government had been at some pains to secure--a policy denounced by Chatham in a powerful and much-quoted speech. Burgoyne was a clever and imaginative though not a successful soldier. He conceived and suggested to his Government a plan of campaign which was sound in strategic principle, which might well have succeeded, and which, if it had succeeded, would have dealt a heavy and perhaps a decisive blow to American hopes. How far its failure is to be attributed to his own faulty execution, how far to the blunders of the Home Government, and how far to accidents which the best general cannot always avoid, is still disputed. But that failure was certainly the turning-point of the war.

Burgoyne's project was this: He proposed to advance from Canada and push across the belt of high land which forms the northern portion of what is now New York State, until he struck the upper Hudson. Howe was at the same time to advance northward up the Hudson, join hands with him and cut the rebellion in two.

It was a good plan. The cutting off and crushing of one isolated district after another is just the fashion in which widespread insurrectionary movements have most generally been suppressed by military force. The Government accepted it, but, owing as it would seem to the laziness or levity of the English Minister involved, instructions never reached Howe until it was too late for him to give effective support to his colleague. All, however, might have prospered had Burgoyne been able to move more rapidly. His first stroke promised well.

The important fort of Ticonderoga was surprised and easily captured, and the road was open for his soldiers into the highlands. But that advance proved disastrously slow. Weeks pa.s.sed before he approached the Hudson. His supplies were running short, and when he reached Saratoga, instead of joining hands with Howe he found himself confronted by strongly posted American forces, greatly outnumbering his own ill-sustained and exhausted army. Seeing no sign of the relief which he had expected to the south--though as a fact Howe had by this time learnt of the expedition and was hastening to his a.s.sistance--on October 6, 1777, he and his army surrendered to the American commander, General Gates.

The effect of Burgoyne's surrender was great in America; to those whose hopes had been dashed by the disaster of Long Island, the surrender of New York and Washington's enforced retreat it brought not only a revival of hope but a definite confidence in ultimate success. But that effect was even greater in Europe. Its immediate fruit was Lord North's famous "olive branch" of 1778; the decision of the British Government to accept defeat on the original issue of the war, and to agree to a surrender of the claim to tax the colonists on condition of their return to their allegiance. Such a proposition made three years earlier would certainly have produced immediate peace. Perhaps it might have produced peace even as it was--though it is unlikely, for the declaration had filled men's souls with a new hunger for pure democracy--if the Americans had occupied the same isolated position which was theirs when the war began.

But it was not in London alone that Saratoga had produced its effect.

While it decided the wavering councils of the British Ministry in favour of concessions, it also decided the wavering councils of the French Crown in favour of intervention.

As early as 1776 a mission had been sent to Versailles to solicit on behalf of the colonists the aid of France. Its princ.i.p.al member was Benjamin Franklin, the one revolutionary leader of the first rank who came from the Northern colonies. He had all the shrewdness and humour of the Yankee with an enlarged intelligence and a wide knowledge of men which made him an almost ideal negotiator in such a cause. Yet for some time his mission hung fire. France had not forgotten her expulsion from the North American continent twenty years before. She could not but desire the success of the colonists and the weakening or dismemberment of the British Empire. Moreover, French public opinion--and its power under the Monarchy, though insufficient, was far greater than is now generally understood--full of the new ideals which were to produce the Revolution, was warmly in sympathy with the rebellion. But, on the other hand, an open breach with England involved serious risks. France was only just recovering from the effects of a great war in which she had on the whole been worsted, and very decidedly worsted, in the colonial field. The revolt of the English colonies might seem a tempting opportunity for revenge; but suppose that the colonial resistance collapsed before effective aid could arrive? Suppose the colonists merely used the threat of French intervention to extort terms from England and then made common cause against the foreigner? These obvious considerations made the French statesmen hesitate. Aid was indeed given to the colonial rebels, especially in the very valuable form of arms and munitions, but it was given secretly and unofficially, with the satirist Beaumarchais, clever, daring, unscrupulous and ready to push his damaged fortunes in any fashion, as unaccredited go-between. But in the matter of open alliance with the rebels against the British Government France temporized, nor could the utmost efforts of Franklin and his colleagues extort a decision.

Saratoga extorted it. On the one hand it removed a princ.i.p.al cause of hesitation. After such a success it was unlikely that the colonists would tamely surrender. On the other it made it necessary to take immediate action. Lord North's att.i.tude showed clearly that the British Government was ready to make terms with the colonists. It was clearly in the interests of France that those terms should be refused. She must venture something to make sure of such a refusal. With little hesitation the advisers of the French Crown determined to take the plunge. They acknowledged the revolted colonies as independent States, and entered into a defensive alliance with these States against Great Britain. That recognition and alliance immediately determined the issue of the war.

What would have happened if it had been withheld cannot be certainly determined. It seems not unlikely that the war would have ended as the South African War ended, in large surrenders of the substance of Imperial power in return for a theoretic acknowledgment of its authority. But all this is speculative. The practical fact is that England found herself, in the middle of a laborious, and so far on the whole unsuccessful, effort to crush the rebellion of her colonies, confronted by a war with France, which, through the close alliance then existing between the two Bourbon monarchies, soon became a war with both France and Spain. This change converted the task of subjugation from a difficult but practicable one, given sufficient time and determination, to one fundamentally impossible.

Yet, so far as the actual military situation was concerned, there were no darker days for the Americans than those which intervened between the promise of French help and its fulfilment. Lord Cornwallis had appeared in the South and had taken possession of Charleston, the chief port of South Carolina. In that State the inhabitants were less unanimous than elsewhere. The "Tories," as the local adherents of the English Crown were called, had already attempted a rebellion against the rebellion, but had been forced to yield to the Republican majority backed by the army of Washington. The presence of Cornwallis revived their courage.

They boasted in Tarleton, able, enterprising and imperious, an excellent commander for the direction of irregular warfare, whose name and that of the squadron of horse which he raised and organized became to the rebels what the names of Claverhouse and his dragoons were to the Covenanters.

Cornwallis and Tarleton between them completely reduced the Carolinas, save for the strip of mountainous country to the north, wherein many of those families that Tarleton had "burnt out" found refuge, and proceeded to overrun Georgia. Only two successes encouraged the rebels. At the Battle of the Cowpens Tarleton having, with the recklessness which was the defeat of his qualities as a leader, advanced too far into the hostile country, was met and completely defeated by Washington. The defeat produced little immediate result, but it was the one definite military success which the American general achieved before the advent of the French, and it helped to keep up the spirit of the insurgents.

Perhaps even greater in its moral effect was the other victory, which from the military point of view was even more insignificant. In Sumter and Davie the rebels found two cavalry leaders fully as daring and capable as Tarleton himself. They formed from among the refugees who had sought the shelter of the Carolinian hills a troop of horse with which they made a sudden raid upon the conquered province and broke the local Tories at the Battle of the Hanging Rock. It was a small affair so far as numbers went, and Davie's troopers were a handful of irregulars drawn as best might be from the hard-riding, sharp-shooting population of the South. Many of them were mere striplings; indeed, among them was a boy of thirteen, an incorrigible young rebel who had run away from school to take part in the fighting. In the course of this narration it will be necessary to refer to that boy again more than once. His name was Andrew Jackson.

While there was so little in the events of the Southern campaign to bring comfort to the rebels, in the North their cause suffered a moral blow which was felt at the moment to be almost as grave as any military disaster. Here the princ.i.p.al American force was commanded by one of the ablest soldiers the Rebellion had produced, a man who might well have disputed the pre-eminent fame of Washington if he had not chosen rather to challenge--and with no contemptible measures of success--that of Iscariot. Benedict Arnold was, like Washington, a professional soldier whose talent had been recognized before the war. He had early embraced the revolutionary cause, and had borne a brilliant part in the campaign which ended in the surrender of Burgoyne. There seemed before him every prospect of a glorious career. The motives which led him to the most inexpiable of human crimes were perhaps mixed, though all of them were poisonous. He was in savage need of money to support the extravagance of his private tastes: the Confederacy had none to give, while the Crown had plenty. But it seems also that his ravenous vanity had been wounded, first by the fact that the glory of Burgoyne's defeat had gone to Gates and not to him, and afterwards by a censure, temperate and tactful enough and accompanied by a liberal eulogy of his general conduct, which Washington had felt obliged to pa.s.s on certain of his later military proceedings. At any rate, the "ingrat.i.tude" of his country was the reason he publicly alleged for his treason; and those interested in the psychology of infamy may give it such weight as it may seem to deserve.

For history the important fact is that Arnold at this point in the campaign secretly offered his services to the English, and the offer was accepted.

Arnold escaped to the British camp and was safe. The unfortunate gentleman on whom patriotic duty laid the unhappy task of trafficking with the traitor was less fortunate. Major Andre had been imprudent enough to pay a visit to a spot behind the American lines, and, at Arnold's suggestion, to do so in plain clothes. He was taken, tried, and hanged as a spy. Though espionage was not his intention, the Americans cannot fairly be blamed for deciding that he should die. He had undoubtedly committed an act which was the act of a spy in the eyes of military law. It is pretty certain that a hint was given that the authorities would gladly exchange him for Arnold, and it is very probable that the unslaked thirst for just vengeance against Arnold was partly responsible for the refusal of the American commanders to show mercy. Andre's courage and dignity made a profound impression on them, and there was a strong disposition to comply with his request that he should at least be shot instead of hanged. But to that concession a valid and indeed irresistible objection was urged. Whatever the Americans did was certain to be scanned with critical and suspicious eyes. Little could be said in the face of the facts if they treated Andre as a spy and inflicted on him the normal fate of a spy. But if they showed that they scrupled to hang him as a spy, it would be easy to say that they had shot a prisoner of war.

Arnold was given a command in the South, and the rage of the population of that region was intensified into something like torment when they saw their lands occupied and their fields devastated no longer by a stranger from overseas who was but fulfilling his military duty, but by a cynical and triumphant traitor. Virginia was invaded and a bold stroke almost resulted in the capture of the author of the Declaration of Independence himself, who had been elected Governor of that State. In the course of these raids many abominable things were done which it is unnecessary to chronicle here. The regular English troops, on the whole, behaved reasonably well, but Tarleton's native "Tories" were inflamed by a fanaticism far fiercer than theirs, while atrocity was of course normal to the warfare of the barbarous mercenaries of England, whether Indian or German. It is equally a matter of course that such excesses provoked frequent reprisals from the irregular colonial levies.

But aid was at last at hand. Already Lafayette, a young French n.o.ble of liberal leanings, had appeared in Washington's camp at the head of a band of volunteers, and the accession, small as it was, led to a distinct revival of the fortunes of the revolution in the South. It was, however, but a beginning. England, under pressure of the war with France and Spain, lost that absolute supremacy at sea which has ever been and ever will be necessary to her conduct of a successful war. A formidable French armament was able to cross the Atlantic. A French fleet threatened the coasts. Cornwallis, not knowing at which point the blow would fall, was compelled to withdraw his forces from the country they had overrun, and to concentrate them in a strong position in the peninsula of Yorktown. Here he was threatened on both sides by Washington and Rochambeau, while the armada of De Gra.s.se menaced him from the sea. The war took on the character of a siege. His resources were speedily exhausted, and on September 19, 1781, he surrendered.

It was really the end of the war so far as America was concerned, though the struggle between England and France continued for a time with varying fortunes in other theatres, and the Americans, though approached with tempting offers, wisely as well as righteously refused to make a separate peace at the expense of their Allies. But the end could no longer be in doubt. The surrender of Burgoyne had forced North to make concessions; the surrender of Cornwallis made his resignation inevitable. A new Ministry was formed under Rockingham pledged to make peace. Franklin again went to Paris as representative of the Confederation and showed himself a diplomatist of the first rank. To the firmness with which he maintained the Alliance against the most skilful attempts to dissolve it must largely be attributed the successful conclusion of a general peace on terms favourable to the Allies and especially favourable to America. Britain recognized the independence of her thirteen revolted colonies, and peace was restored.

I have said that England recognized her thirteen revolted colonies. She did not recognize the American Republic, for as yet there was none to recognize. The war had been conducted on the American side nominally by the Continental Congress, an admittedly _ad hoc_ authority not pretending to permanency; really by Washington and his army which, with the new flag symbolically emblazoned with thirteen stars and thirteen stripes, was the one rallying point of unity. That also was now to be dissolved. The States had willed to be free, and they were free. Would they, in their freedom, will effectively to be a nation? That was a question which not the wisest observer could answer at the time, and which was not perhaps fully answered until well within the memory of men still living. Its solution will necessarily form the main subject of this book.

CHAPTER III

"WE, THE PEOPLE"

An account of the American Revolution which took cognizance only of the armed conflict with England would tell much less than half the truth, and even that half would be misleading. If anyone doubts that the real inspiration which made America a nation was drawn, not from Whiggish quarrels about taxes, but from the great dogmas promulgated by Jefferson, it is sufficient to point out that the States did not even wait till their victory over England was a.s.sured before effecting a complete internal revolution on the basis of those dogmas. Before the last shot had been fired almost the last privilege had disappeared.

The process was a spontaneous one, and its fruits appear almost simultaneously in every State. They can be followed best in Virginia, where Jefferson himself took the lead in the work of revolutionary reform.

Hereditary t.i.tles and privileges went first. On this point public feeling became so strong that the proposal to form after the war a society to be called "the Cincinnati," which was to consist of those who had taken a prominent part in the war and afterwards of their descendants, was met, in spite of the respect in which Washington and the other military heroes were held, with so marked an expression of public disapproval that the hereditary part of the scheme had to be dropped.

Franchises were simplified, equalized, broadened, so that in practically every State the whole adult male population of European race received the suffrage. Social and economic reforms having the excellent aim of securing and maintaining a wide distribution of property, especially of land, were equally prominent among the achievements of that time.

Jefferson himself carried in Virginia a drastic code of Land Laws, which antic.i.p.ated many of the essential provisions which through the _Code Napoleon_ revolutionized the system of land-owning in Europe. As to the practical effect of such reforms we have the testimony of a man whose instinct for referring all things to practice was, if anything, an excess, and whose love for England was the master pa.s.sion of his life.

"Every object almost that strikes my view," wrote William Cobbett many years later, "sends my mind and heart back to England. In viewing the ease and happiness of this people the contrast fills my soul with indignation, and makes it more and more the object of my life to a.s.sist in the destruction of the diabolical usurpation which has trampled on king as well as people."

Another principle, not connected by any direct logic with democracy and not set forth in the Declaration of Independence, was closely a.s.sociated with the democratic thesis by the great French thinkers by whom that thesis was revived, and had a strong hold upon the mind of Jefferson--the principle of religious equality, or, as it might be more exactly defined, of the Secular State.

So many loose and absurd interpretations of this principle have been and are daily being propounded, that it may be well to state succinctly what it does and does not mean.

It does not mean that anyone may commit any anti-social act that appeals to him, and claim immunity from the law on the ground that he is impelled to that act by his religion; can rob as a conscientious communist, murder as a conscientious Thug, or refuse military service as a conscientious objector. None understood better than Jefferson--it was the first principle of his whole political system--that there must be _some_ basis of agreement amongst citizens as to what is right and what is wrong, and that what the consensus of citizens regards as wrong must be punished by the law. All that the doctrine of the Secular State a.s.serted was that such general agreement among citizens need not include, as in most modern States it obviously does not include, an agreement on the subject of religion.

Religion is, so to speak, left out of the Social Contract, and consequently each individual retains his natural liberty to entertain and promulgate what views he likes concerning it, so long as such views do not bring him into conflict with those general principles of morality, patriotism and social order upon which the citizens of the State _are_ agreed, and which form the basis of its laws.

The public mind of America was for the most part well prepared for the application of this principle. We have already noted how the first experiment in the purely secular organization of society had been made in the Catholic colony of Maryland and the Quaker colony of Pennsylvania.

The principle was now applied in its completeness to one State after another. The Episcopalian establishment of Jefferson's own State was the first to fall; the other States soon followed the example of Virginia.

At the same time penalties or disabilities imposed as a consequence of religious opinions were everywhere abrogated. Only in New England was there any hesitation. The Puritan States did not take kindly to the idea of tolerating Popery. In the early days of the revolution their leaders had actually made it one of the counts of their indictment against the British Government that that Government had made peace with Anti-Christ in French Canada--a fact remembered to the permanent hurt of the Confederacy when the French Canadians were afterwards invited to make common cause with the American rebels. But the tide was too strong even for Calvinists to resist; the equality of all religions before the law was recognized in every State, and became, as it remains to-day, a fundamental part of the American Const.i.tution.

It may be added that America affords the one conspicuous example of the Secular State completely succeeding. In France, where the same principles were applied under the same inspiration, the ultimate result was something wholly different: an organized Atheism persecuting the Christian Faith.

In England the principle has never been avowedly applied at all. In theory the English State still professes the form of Protestant Christianity defined in the Prayer-book, and "tolerates" dissenters from it as the Christian States of the middle ages tolerated the Jews, and as in France, during the interval between the promulgation of the Edict of Nantes and its revocation, a State definitely and even p.r.o.nouncedly Catholic tolerated the Huguenots. Each dissentient religious body claims its right to exist in virtue of some specific Act of Parliament. Theoretically it is still an exception, though the exceptions have swallowed the rule.

Moreover, even under this rather hazy toleration, those who believe either more or less than the bulk of their fellow-countrymen and who boldly proclaim their belief usually find themselves at a political disadvantage. In America it never seems to have been so. Jefferson himself, a Deist (the claim sometimes made that he was a "Christian"

seems to rest on nothing more solid than the fact that, like nearly all the eighteenth-century Deists, he expressed admiration for the character and teaching of Jesus Christ), never for a moment forfeited the confidence of his countrymen on that account, though attempts were made, notably by John Adams, to exploit it against him. Taney, a Catholic, was raised without objection on that score to the first judicial post in America, at a date when such an appointment would have raised a serious tumult in England. At a later date Ingersoll was able to vary the pastime of "Bible-smashing" with the profession of an active Republican wire-puller, without any of the embarra.s.sments which that much better and honester man, Charles Bradlaugh, had to encounter. The American Republic has not escaped the difficulties and problems which are inevitable to the Secular State, when some of its citizens profess a religion which brings them into conflict with the common system of morals which the nation takes for granted; the case of the Mormons is a typical example of such a problem. But there is some evidence that, as the Americans have applied the doctrine far more logically than we, they have also a keener perception of the logic of its limitations. At any rate, it is notable that Congress has refused, in its Conscription Act, to follow our amazing example and make the conscience of the criminal the judge of the validity of legal proceedings against him.

Changes so momentous, made in so drastic and sweeping a fashion in the middle of a life and death struggle for national existence, show how vigorous and compelling was the popular impulse towards reform. Yet all the great things that were done seem dwarfed by one enormous thing left undone; the heroic tasks which the Americans accomplished are forgotten in the thought of the task which stared them in the face, but from which they, perhaps justifiably, shrank. All the injustices which were abolished in that superb crusade against privilege only made plainer the shape of the one huge privilege, the one typical injustice which still stood--the blacker against such a dawn--Negro Slavery.

It has already been mentioned that Slavery was at one time universal in the English colonies and was generally approved by American opinion, North and South. Before the end of the War of Independence it was almost as generally disapproved, and in all States north of the borders of Maryland it soon ceased to exist.

This was not because democratic ideals were more devotedly cherished in the North than in the South; on the whole the contrary was the case. But the inst.i.tution of Slavery was in no way necessary to the normal life and industry of the North; its abrogation made little difference, and the rising tide of the new ideas to which it was necessarily odious easily swept it away. In their method of dealing with it the Northerners, it must be owned, were kinder to themselves than to the Negroes. They declared Slavery illegal within their own borders, but they generally gave the slave-holder time to dispose of his human property by selling it in the States where Slavery still existed. This fact is worth noting, because it became a prime cause of resentment and bitterness when, at a later date, the North began to reproach the South with the guilt of slave-owning. For the South was faced with no such easy and manageable problem. Its coloured population was almost equal in number to its white colonists; in some districts it was even greatly preponderant. Its staple industries were based on slave labour. To abolish Slavery would mean an industrial revolution of staggering magnitude of which the issue could not be foreseen. And even if that were faced, there remained the sinister and apparently insoluble problem of what to do with the emanc.i.p.ated Negroes. Jefferson, who felt the reproach of Slavery keenly, proposed to the legislature of Virginia a scheme so radical and comprehensive in its character that it is not surprising if men less intrepid than he refused to adopt it. He proposed nothing less than the wholesale repatriation of the blacks, who were to set up in Africa a Negro Republic of their own under American protection. Jefferson fully understood the principles and implications of democracy, and he was also thoroughly conversant with Southern conditions, and the fact that he thought (and events have certainly gone far to justify him) that so drastic a solution was the only one that offered hope of a permanent and satisfactory settlement is sufficient evidence that the problem was no easy one. For the first time Jefferson failed to carry Virginia with him; and Slavery remained an inst.i.tution sanctioned by law in every State south of the Mason-Dixon Line.

While the States were thus dealing with the problems raised by the application to their internal administration of the principles of the new democratic creed, the force of mere external fact was compelling them to attempt some sort of permanent unity. Those who had from the first a specific enthusiasm for such unity were few, though Washington was among them, and his influence counted for much. But what counted for much more was the pressure of necessity. It was soon obvious to all clear-sighted men that unless some authoritative centre of union were created the revolutionary experiment would have been saved from suppression by arms only to collapse in mere anarchic confusion. The Continental Congress, the only existing authority, was moribund, and even had it been still in its full vigour, it had not the powers which the situation demanded. It could not, for instance, levy taxes on the State; its revenues were completely exhausted and it had no power to replenish them. The British Government complained that the conditions of peace were not observed on the American side, and accordingly held on to the positions which it had occupied at the conclusion of the war. The complaint was perfectly just, but it did not arise from deliberate bad faith on the part of those who directed (as far as anyone was directing) American policy, but from the simple fact that there was no authority in America capable of enforcing obedience and carrying the provisions of the treaty into effect. The same moral was enforced by a dozen other symptoms of disorder. The Congress had disbanded the soldiers, as had been promised, on the conclusion of peace, but, having no money, could not keep its at least equally important promise to pay them. This led to much casual looting by men with arms in their hands but nowhere to turn for a meal, and the trouble culminated in a rebellion raised in New England by an old soldier of the Continental Army called Shay. Such incidents as these were the immediate cause of the summoning at Philadelphia of a Convention charged with the task of framing a Const.i.tution for the United States.

Of such a Convention Washington was the only possible President; and he was drawn from a temporary and welcome retirement in his Virginian home to re-enter in a new fashion the service of his country. Under his presidency disputed and compromised a crowd of able men representative of the widely divergent States whose union was to be attempted. There was Alexander Hamilton, indifferent or hostile to the democratic idea but intensely patriotic, and bent above all things upon the formation of a strong central authority; Franklin with his acute practicality and his admirable tact in dealing with men; Gerry, the New Englander, Whiggish and somewhat distrustful of the populace; Pinckney of South Carolina, a soldier and the most ardent of the Federalists, representing, by a curious irony, the State which was to be the home of the most extreme dogma of State Rights; Madison, the Virginian, young, ardent and intellectual, his head full of the new wine of liberty. One great name is lacking. Jefferson had been chosen to represent the Confederacy at the French Court, where he had the delight of watching the first act of that tremendous drama, whereby his own accepted doctrine was to re-shape France, as it had already re-shaped America. The Convention, therefore, lacked the valuable combination of lucid thought on the philosophy of politics and a keen appreciation of the direction of the popular will which he above all men could have supplied.

The task before the Convention was a hard and perilous one, and nothing about it was more hard and perilous than its definition. What were they there to do? Were they framing a treaty between independent Sovereignties, which, in spite of the treaty, would retain their independence, or were they building a nation by merging these Sovereignties in one general Sovereignty of the American people? They began by proceeding on the first a.s.sumption, re-modelling the Continental Congress--avowedly a mere alliance--and adding only such powers as it was plainly essential to add. They soon found that such a plan would not meet the difficulties of the hour. But they dared not openly adopt the alternative theory: the States would not have borne it.

Had it, for example, been specifically laid down that a State once entering the Union might never after withdraw from it, quite half the States would have refused to enter it. To that extent the position afterwards taken up by the Southern Secessionists was historically sound. But there was a complementary historical truth on the other side.

There can be little doubt that in this matter the founders of the Republic desired and intended more than they ventured to attempt. The fact that men of unquestionable honesty and intelligence were in after years so sharply and sincerely divided as to what the Const.i.tution really _was_, was in truth the result of a divided mind in those who framed the Const.i.tution. They made an alliance and hoped it would grow into a nation. The preamble of the Const.i.tution represents the aspirations of the American Fathers; the clauses represent the furthest they dared towards those aspirations. The preamble was therefore always the rallying point of those who wished to see America one nation. Its operative clause ran: "We, the People of the United States, in order to form a more perfect Union, ... do ordain and establish this Const.i.tution for the United States of America." That such language was a strong point in favour of the Federalist interpreters of the Const.i.tution was afterwards implicitly admitted by the extreme exponents of State Sovereignty themselves, for when they came to frame for their own Confederacy a Const.i.tution reflecting their own views they made a most significant alteration. The corresponding clause in the Const.i.tution of the Southern Confederacy ran, "We, _the deputies of the Sovereign and Independent States_, ... do ordain," etc., etc.