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Primitive Features Of The United States Consitution

( Originally Published Early 1900's )



In an earlier chapter we have described the Roman republic, and its mixture of modern features with dark superstition and primordial savagery, as the Neanderthal anticipation of the modern democratic state. A time may come when people will regard the contrivances and machinery of the American Constitution as the political equivalents of the implements and contrivances of Neolithic man. They have served their purpose well, and under their protection the people of the States have grown into one of the greatest, most powerful, and most civilized communities that the world has yet seen; but there is no reason in that for regarding the American constitution as a thing more final and inalterable than the pattern of street railway that overshadows many New York thoroughfares, or the excellent and homely type of house architecture that still prevails in Philadelphia. These things also have served a purpose well, they have their faults, and. they can be improved. Our political contrivances; just as much as our domestic and mechanical contrivances, need to undergo constant revision as knowledge and understanding grow.

Since the American constitution was planned, our conception of history and our knowledge of collective psychology have undergone very considerable development. We are ber ginning to see many things in the problem of government to which the men of the eighteenth century were blind; and, courageous as their constructive disposition was in relation to whatever political creation had gone before, it fell far short of the boldness which we in these days realize to be needful if this great human problem of establishing a civilized community of will in the earth is to be solved. They took many things for granted that now we know need to be made the subject of tie most exacting scientific study and the most careful adjustment. They thought it was only necessary to set up schools and colleges, with a grant of land for maintenance, and that they might then be left to themselves. But education is not a weed that will grow lustily in any soil, it is a necessary and delicate crop that may easily wilt and degenerate. We learn nowadays that the under-development of universities and educational machinery is like some under-development of the brain and nerves, which hampers the whole growth of the social body. By European standards, by the standard of any state that has existed hitherto, the level of the common education of America is high; but by the standard of what it might be, America is au uneducated country. And those fathers of America thought also that they had but to leave the press free, and everyone would live in the light. They did not realize that a free press could develop a sort of constitutional venality due to its relations with advertisers, and that large newspaper proprietors could become buccaneers of opinion and insensate wreckers of good beginnings. And, finally, the makers of America had no knowledge of the complexities of vote manipulation. The whole science of elections was beyond their ken, they knew nothing of the need of the transferable vote to prevent the "working" of elections by specialized organizations, and the crude and rigid methods they adopted left their political system the certain prey of the great party machines that have robbed American democracy of half its freedom and most of its political soul. Politics became a trade; and a very base trade; decent and able men, after the first great period, drifted out of politics and attended to "business," and what I have called elsewhere the "sense of the state" declined. Private enterprise ruled in many matters of common concern because political corruption made collective enterprise impossible.

Yet the defects of the great political system created by the Americans of the revolutionary period did not appear at once. For several generations the history of the United States was one of rapid expansion and of an amount of freedom, homely happiness, and energetic work unparalleled in the world's history. And the record of America for the whole last century and a half, in spite of many reversions towards in-equality, in spite of much rawness and much blundering, is nevertheless as bright and honourable a story as that of any other contemporary people.

In this brief account of the creation of the United States of America we have been able to do little more than mention the names of some of the group of great men who made this new departure in human history.

We have named casually or we have not even named such men as Tom Paine, Benjamin Franklin, Patrick Henry, Thomas Jefferson, the Adams cousins, Madison, Alexander Hamilton, and George Washington. It is hard to measure the men of one period of history with those in another. Some writers, even American writers, impressed by the artificial splendours of the European courts and by the tawdry and destructive exploits of a Frederick the Great or a Great Catherine display a snobbish shame of something home-spun about these makers of America. They feel that Benjamin Franklin at the court of Louis XVI, with his long hair, his plain clothes, and his pawky manner, was sadly lacking in aristocratic distinction. But stripped to their personalities, Louis XVI was hardly gifted enough or noble-minded enough to be Franklin's valet. If human greatness is a matter of scale and glitter, then no doubt Alexander the Great is at the apex of human greatness. But is greatness that ? Is not a great man rather one who, in a great position or amidst great opportunities and great gifts are no more than great opportunities-serves God and his fellows with a humble heart ? And quite a number of these Americans of the revolutionary time do seem to have displayed much disinterestedness and 'devotion. They were limited men, fallible men; but on the whole they seemed to have cared more for the commonweal they were creating than for any personal end or personal vanity. It is difficult not to concede them a distinguished greatness of mind.

True they were limited in knowledge and outlook; they were limited by the limitations of the time. They were, like all of us, men of mixed motives; good impulses arose in their minds, great ideas swept through them, and also they could be jealous, lazy, obstinate, greedy, vicious. If one were to write a true,full, and particular history of the making of the United States, it would have to be written with charity and high spirits as a splendid comedy rising to the noblest ends. And in no other regard do we find the rich tortuous humanity of the American story so finely displayed as in regard to slavery. Slavery, having regard to the general question. of labour, is the test of this new soul in the world's history, the American soul.

Slavery began very early in the European history of America, and no European people who went to America can be held altogether innocent in the matter. At a time when the German is still the moral whipping-boy of Europe, it is well to note that the German record is in this respect the best of all. Almost the first outspoken utterances against negro slavery came from German settlers in Pennsylvania. But the German settler was working with free labour upon a temperate countryside, well north of the plantation zone; he was not under serious temptation in this matter. American slavery began with the enslavement of Indians for gang work in mines and upon plantations, and it is curious to note that it was a very good and humane man indeed, Las Casas, who urged that negroes should be brought to America to relieve his tormented Indian protégés. The need for labour upon the plantations of the West Indies and the south was imperative. When the supply of Indian captives proved inadequate, the planters turned not only to the negro, but to the jails and poorhouses of Europe for a supply of toilers. The reader of Defoe's Moll Flanders will learn how the business of Virginian white slavery looked to an intelligent Englishman in the early eighteenth century. But the negro came very early. The year (1620) that saw the Pilgrim Fathers landing at Plymouth in New England, saw a Dutch sloop disembarking the first cargo of negroes at Jamestown in Virginia. Negro slavery was as old as New England ; it had been an American institution for over a century and a half before the War of Independence. It was to struggle on for the better part of a century more.

But the conscience of thoughtful men in the colonies was never quite easy upon this score, and it was one of the accusations of Thomas Jefferson against the crown and lords of Great Britain that every attempt to ameliorate or restrain the slave trade on the part of the colonists had been checked by the great proprietary interests in the mother country.

With the moral and intellectual ferment of the revolution, the question of negro slavery came right into the foreground of the public conscience. The contrast and the challenge glared upon the mind. "All men are by nature free and equal," said the Virginia Bill of Rights, and outside in the sunshine, under the whip of the overseer, toiled the negro slave.

It witnesses to the great change in human ideas since the Roman Imperial system dissolved under the barbarian inrush, that there could be this heart-searching. Conditions of industry, production, and land tenure had long prevented any recrudescence of gang slavery ; but now the cycle had come round again, and there were enormous immediate advantages to be reaped by the owning and ruling classes in the revival of that ancient institution in mines, upon plantations, and upon great public works. It was revived but against great opposition. From the beginning of the revival there were protests, and they grew. The revival was counter to the new conscience of mankind. In some respects the new gang slavery was worse than anything in the ancient world. Peculiarly horrible was the provocation by the trade of slave wars and man hunts in Western Africa, and the cruelties of the long transatlantic voyage. The poor creatures were packed on the ships often with insufficient provisions of food and water, without proper sanitation, without medicines. Many who could tolerate slavery upon the plantations found the slave trade too much for their moral digestions. Three European nations were chiefly concerned in this dark business, Britain, Spain and Portugal, because they were the chief owners of the new lands in America. The comparative innocence of the other European powers is to be ascribed largely to their lesser temptations. They were similar communities; in parallel cireumstances they would have behaved similarly.

Throughout the middle part of the eighteenth century there was an active agitation against negro slavery in Great Britain as well as in the States. It was estimated that in 1770 there were fifteen thousand slaves in Britain, mostly brought over by their owners from the West Indies and Virginia. In 1771 the issue came to a conclusive test in Britain before Lord Mansfield. A negro named James Somersett had been brought to England from Virginia by his owner. He ran away, was captured, and violently taken on a ship to be returned to Virginia. From the ship he was extracted by a writ of habeas corpus. Lord Mansfield declared that slavery was a condition unknown to English law, an "odious" condition, and Somersett walked out of the court a free man.

The Massachusetts constitution of 1780 had declared that "all men are born free and equal." A certain negro, Quaco, put this to the test in 1783, and in that year the soil of Massachusetts became like the soil of Britain, intolerant of slavery; to tread upon it was to become free. At that time no other state in the Union followed this example. At the census of 1790, Massachusetts, alone of all the states, re-turned "no slaves."

The state of opinion in Virginia is remarkable, because it brings to light the peculiar difficulties of the southern states. The great Virginian statesmen, such as Washington and Jefferson, condemned the institution, yet because there was no other form of domestic service, Washington owned slaves. There was in Virginia a strong party in favour of emancipating slaves. But they demanded that the emancipated slaves should leave the state within a year or be out-lawed! They were naturally alarmed at the possibility that a free barbaric black community, many of its members African-born and reeking with traditions of cannibalism and secret and dreadful religious rites, should arise beside them upon Virginian soil. When we consider that point of view, we can understand why it was that a large number of Virginians should be disposed to retain the mass of blacks in the country under control as slaves, while at the same time they were bitterly opposed to the slave trade and the importation of any fresh blood from Africa. The free blacks, one sees, might easily become a nuisance; indeed the free state of Massachusetts presently closed its borders to their entry. The question of slavery, which in the ancient world was usually no more than a question of status between individuals racially akin, merged in America with the different and profounder question of relationship between two races at opposite extremes of the human species and of the most contrasted types of tradition and culture. If the black man had been white, there can be little doubt that negro slavery would have vanished from the United States within a generation of the Declaration of Independence as a natural consequence of the statements in that declaration.



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