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Main currents in American thought An interpretation of American literature from the beginnings to 1920

Vernon Louis Parrington

override the political power of the agrarians, therefore, became the practical problem of the money-economy. The fear aroused by Shays’s Rebellion provided the strategic opportunity, and the best brains of the country suggested the method. The struggle had begun which was to provide a new fundamental law for the United States. Footnotes [292] _Second Treatise on Civil Government_, Chapter IX. [293] _Ibid._, Chapter XI. [294] Burnaby, _Travels through the Middle Settlements in North America in the Years 1759 and 1760_. [295] Beard, _The Supreme Court and the Constitution_. [296] Austin, _Life of Elbridge Gerry_, Vol. II, pp. 66-67. [297] Brooks, _Henry Knox_, pp. 194-195. Chapter II • The Great Debate When one considers the bulk of commentary that has grown up about the Constitution, it is surprising how little abstract political speculation accompanied its making and adoption. It was the first response to the current liberal demand for written constitutions as a safeguard against tyranny, but it was aimed at the encroachments of agrarian majorities rather than at Tory minorities. It was the work of able lawyers and men of affairs confronting a definite situation, rather than of political philosophers; and it was accompanied by none of that searching examination of fundamental rights and principles which made the earlier Puritan and later French debate over constitutional principles so rich in creative speculation. Not a single political thinker comparable to the great English and French philosophers emerged from the struggle. The debate drew freely upon the materials supplied by those thinkers, but it added little that was new. The Constitution was a venture in republicanism, on a scale and under conditions without historical precedent. It was inevitable, therefore, that the debate should concern itself greatly with the nature of republicanism and its adaptability to American conditions. As the argument developed, two major questions assumed critical importance: the question of the powers of the Federal state, and the question of the sovereign rights of the majority; and in dealing with both the debaters were on ground inadequately surveyed. Of definite republican theory little was available except the writings of a small group of seventeenth-century republicans. Of democratic theory, on the other hand, even less was available. American democratic aspiration had far outrun old-world liberalism, and had produced no independent speculation of its own. French democratic theory still awaited the rise of Jacobinism to clarify its principles. The party of Commonwealth Levelers, to be sure, with their doctrines of a “paramount law,” manhood suffrage, and annual parliaments, offered much that might have proved suggestive; but the literature of the Levelers was buried too deep under Tory obloquy to be resurrected, and nowhere else was to be found any considerable body of democratic theory. It was inevitable, therefore, that the debaters should go back to the English liberals of the preceding century. Consider for a moment the authorities bandied to and fro in the great debate. With such exceptions as Machiavelli, Vattel, Pufendorf, Montesquieu, they were the well-known English theorists, Hobbes, Harrington, Milton, Sidney, Halifax, Hume, and Blackstone. Unhappily for the democrats every one of these great names counted against their aspirations. Hobbes was a state absolutist whose _Leviathan_ provided sharp weapons for those who wished to tone the government high; Hume was a Tory who accepted the traditional interpretation of human nature in the light of which democracy was the open door to anarchy; Blackstone was a Tory lawyer, who interpreted the British constitution by a narrow legalism that was obsolete before the _Commentaries_ came from the press. Harrington, Milton, and perhaps Sidney, were republicans of strong aristocratic bias, and Halifax and Locke--the latter by much the most influential of all--were constitutional monarchists.[298] Every one of these great authorities either distrusted or violently condemned democracy, yet they provided the major body of theory made use of by the Federalists. On the other hand, the slowly accumulating democratic theory was unknown to the members of the convention. In 1761 Robert Wallace had advanced an Owenite theory of property, attacking the principle of economic individualism as responsible for the current evils of government by landed property; but his book, _Various Prospects_, made no ripple on the placid waters of English liberalism.[299] In 1768 Joseph Priestley, a thinker who later was to exercise great influence in America, who lived here for a number of years and was intimate with Jefferson, published his essay. _First Principles of Government_, a work embodying the first English interpretation of the perfectibility of man, the rule of reason, the theory of the diminished state, and the Benthamite principle of utilitarianism or expediency in statecraft, which struck at the principle of coercive sovereignty. But the ideas of Priestley were probably little known in America in 1787, and his influence was undermined further by a theological attack which sought to fasten upon him the stigma of atheism. In short, in this war of ideas the democrats were provided with little ammunition and fought at a great disadvantage. If the debate had taken place five years later, after the French Revolution had provided new democratic theory, the disparity of intellectual equipment would have been far less marked. One other fact must be kept in mind, namely, that the great debate was in reality two debates, one carried on in the quiet of the convention hall, the other in the open. Each interprets the other, and taken together they reveal the conflict of forces and ideas that determined the form of the Constitution. In the privacy of the convention the speakers were free to express their views frankly, and in consequence a loose rein was given to the play of ideas; fundamental principles were examined critically and economic motives and class interests openly acknowledged. But in arguing the case before the generality of voters without doors a more cautious approach was necessary; arguments must be tempered to well-known prejudices, and circumspection must take the place of frankness. In the earlier debate, among innumerable lesser problems, two main questions dominated the argument: the question of the form of the centralized state--whether it should be aristocratic or republican; and if republican--as was inevitable--the question of what should be done about the majority will--how representation should be so refined as to guarantee stability to the government and security to the minority. In the second debate the appeal was to expediency rather than to principles, and turned on three chief points: the need of adoption in view of the desperate condition of the country; the adaptation of the proposed republican form to the vast extent of territory and diversity of interests; and the necessity of providing checks upon political parties if anarchy were to be avoided. In the convention the need of a strong state, with powers beyond local legislatures, was not so much debated as assumed. By common consent it was agreed that the present lack of a centralized, coercive sovereignty, was the source of all current evils. How many members preferred monarchy to republicanism, in principle, it is impossible to determine; but they all realized the inexpediency of attempting to set it up; even Hamilton yielded to the logic of Colonel Mason’s argument: “Notwithstanding the oppression and injustice experienced among us from democracy, the genius of the people is in favor of it, and the genius of the people must be consulted.” Accepting then the principle of republicanism as a compromise between the extremes of monarchy and democracy, the practical problem remained of erecting a system that should secure the minority against the aggressions of political faction. If the danger lay in an uncontrolled majority will, the way of safety lay in imposing restraints upon that will. In elaborating a system of checks and balances the members of the convention were influenced by the practical considerations of economic determinism more than by the theories of Montesquieu. They were realists who followed the teachings of the greatest political thinkers from Aristotle to Locke in asserting that the problem of government lay in arranging a stable balance between the economic interests of the major classes. The revolutionary conception of equalitarianism, that asserted the rights of man apart from property and superior to property, did not enter into their thinking as a workable hypothesis. The very conditions of the unsettled times were an argument against it. Property, they argued, is the stabilizing force in society; it is conservative and cautious; having everything to lose by social upheavals, it is a restraining force upon factional unrest. The propertyless, on the other hand, having nothing to lose, easily become the victims of demagogues and embroil society with foolish experiments. The republican experiment might work in America because property was widely distributed, but in the course of time a propertyless majority would arise, whose fickle and subversive will must be held in check. The problem, therefore, was to provide in time against such an eventuality. Certain members of the convention did not go so far in their fear of the propertyless, but relied upon the ability of property to protect itself by extra-legal means. “Give the votes to people who have no property,” argued Gouverneur Morris, “and they will sell them to the rich, who will be able to buy them.”[300] But the more general view was expressed by Madison: The landed interest, at present, is prevalent, but in process of time ... when the number of landholders shall be comparatively small ... will not the landed interests be overbalanced in future elections? and, unless wisely provided against, what will become of our government? In England, at this day, if elections were open to all classes of people, the property of landed proprietors would be insecure. An agrarian law would take place. If these observations be just, our government ought to secure the permanent interests of the country against innovation. Landholders ought to have a share in the government, to support these invaluable interests, and to balance and check the other. They ought to be so constituted as to protect the minority of the opulent against the majority.[301] This conception of the natural sovereignty of the landed interest with its stake-in-society theory of political rights, America inherited from England; and although the new Constitution professed to rest on the sovereignty of the people, the men who framed it refused to interpret the term, sovereignty of the people, in an equalitarian sense. They did not profess to be, in the words of John Quincy Adams, “slavish adorers of our sovereign lords the people.” Every principle of their social and political philosophy taught them the desirability of limiting the majority will in order that the wiser minority will might rule. Paul Leicester Ford has asserted that “the Federal compact was the first deliberate attempt and assent of a majority to tie its own hands; to give to the minority guarantees of fair and equal treatment, without which democratic government is well-nigh impossible, save when developed along the lines of socialism.”[302] Such partisan misinterpretation of plain historical fact is characteristic of our Federalist historians. If the hands of the disfranchised majority