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force the necessity of a general law to provide a revenue, though his arguments were no longer pointed with the selfishness and want of patriotism shown by the people of Rhode Island. In the end his firmness was justified by Virginia, who again shifted her position when the new act was submitted to her.

The operation of the law was limited to five and twenty years. This Hamilton opposed, and Madison supported; and in this difference some of the biographers of both see the foreshadowing of future parties. But it is more likely that neither of those statesmen thought of their difference of opinion as difference of principle. The question was, whether anything could be gained by a deference to that party which, both felt at that time, threatened to throw away, in adhering to the state-rights doctrine, all that was gained by the Revolution. They were agreed upon the necessity of a general law, supreme in all the States, to meet the obligation of a debt contracted for the general good. Unless-wrote Madison in February-"unless some amicable and adequate arrangements be speedily taken for adjusting all the subsisting accounts and discharging the public engagements, a dissolution of the Union will be inevitable." He was willing, therefore, to temporize, that the necessary assent of the State to such a law might be gained. Nobody hoped that the public debt would be paid off in twenty-five

years; but to assume to levy a federal tax in the States for a longer period, or till the debt should be discharged, might so arouse state jealousy that it would be impossible to get an assent to the law anywhere. If the law for twenty-five years should be accepted, the threatened destruction of the government would be escaped for the present, and it might, at the end of a quarter of a century, be easy to reenact the law. At any rate the evil day would be put off. This was Madison's reasoning.

But Hamilton did not believe in putting off a crisis. He had no faith in the permanency of the government as then organized. If he were right, what was the use or the wisdom of postponing a catastrophe till to-morrow? A possible escape from it might be even more difficult to-morrow than to-day. The essential difference between the two men was, that Madison only feared what Hamilton positively knew, or thought he knew. It was a difference of faith. Madison hoped something would turn up in the course of twenty-five years. Hamilton did not believe that anything good could turn up under the feeble rule of the Confederation. He would have presented to the States, then and there, the question - would they surrender to the Confederate Government the right of taxation so long as that goverment thought it necessary? If not, then the Confederation was a rope of sand, and the States had resolved them

selves into thirteen separate and independent governments. Therefore he opposed the condition of twenty-five years, and voted against the bill.

Nevertheless, when it became the law, he gave it his heartiest support, and was appointed one of a committee of three to prepare an address, which Madison wrote, to commend it to the acceptance of the States. Indeed, the last serious effort made on behalf of the measure was made by Hamilton, who used all his eloquence and influence to induce the legislature of his own State to ratify it. It was the law against his better judgment; but being the law he did his best to secure its recognition. But it failed of hearty support in most of the States, while in New York and Pennsylvania compliance with it was absolutely refused. Nothing, therefore, would have been lost had Hamilton's firmness prevailed in Congress; and nothing was gained by Madison's deference to the doctrine of state-rights, unless it was that the question of a "more perfect Union" was put off to a more propitious time, when a reconstruction of the government under a new Federal Constitution was possible. Meanwhile Congress borrowed the money to pay the interest on money already borrowed; the Confederate Government floundered deeper and deeper into inextricable difficulties; the thirteen ships of state drifted farther and farther apart, with a fair promise of a general wreck. But the bill contained another compromise

which was not temporary, and once made could not be easily unmade. Agreed to now, it became a condition of the adoption of the Federal Constitution four years later; and there, as nobody now is so blind as not to see, it was the source of infinite mischief for nearly a century, till a third reconstruction of the Union was brought about by the war of 1861-65. The Articles of Confederation required that "all charges of war and all other expenses that shall be incurred for the common defense or general welfare" should be borne by the States in proportion to the value of their lands. It was proposed to amend this provision of the Constitution, and for lands substitute population, exclusive of Indians not taxed, as the basis for taxation. But here arose at once a new and perplexing question. There were, chiefly in one portion of the country, about 750,000 "persons held to service or labor"- the euphuism for negro slaves which, evolved from some tender and sentimental conscience, came into use at this period. Should these, recognized only as property by state law, be counted as 750,000 persons by the laws of the United States ?1 Or should they, in the enumeration of population, be reckoned, in accordance with the civil law, as pro nullis, pro mortuis, pro quadrupedibus; and therefore not to be counted at all? Or should they, as those who

1 In some of the States slaves were reckoned as "chattels personal;" in others as "real estate."

owned them insisted, be counted, if included in the basis of taxation, as fractions of persons only?

The South contended that black slaves were not equal to white men as producers of wealth, and that, by counting them as such, taxation would be unequal and unjust. But whether counted as units, or as fractions of units, the slaveholders insisted that representation should be according to that enumeration. The Northern reply was that, if representation was to be according to population, the slaves being included, then the slave States would have a representation of property, for which there would be no equivalent in States where there were no slaves; but, if slaves were enumerated as a basis of representation, then that enumeration should also be taken to fix the rate of taxation.

Here, at any rate, was a basis for an interesting dead-lock. One simple way out of it would have been to insist upon the doctrine of the civil law; to count the slaves only as pro quadrupedibus, to be left out of the enumeration of population as being no part of the State, as horses and cattle were left out. But the bonds of union hung loosely upon the sisters a hundred years ago; there was not one of them who did not think she was able to set up for herself and take her place among the nations as an independent sovereign; and it is more than likely that half of them would have refused to wear those bonds any longer on

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